Bill Text: IL SB0193 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Juvenile Court Act of 1987. Provides that all proceedings under the Act in respect to any minor automatically terminate upon his or her attaining the age of 21 years (rather than 19 years). Makes conforming changes. Effective immediately.

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Enrolled) 2019-06-28 - Sent to the Governor [SB0193 Detail]

Download: Illinois-2019-SB0193-Enrolled.html



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1 AN ACT concerning courts.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Sections 7.14 and 8.2 and by adding Section
67.22a as follows:
7 (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
8 Sec. 7.14. All reports in the central register shall be
9classified in one of three categories: "indicated",
10"unfounded" or "undetermined", as the case may be. Prior to
11classifying the report, the Department shall determine whether
12the report is subject to Department review under Section 7.22a.
13If the report is subject to Department review, the report shall
14not be classified as unfounded until the review is completed.
15Prior to classifying the report, the person making the
16classification shall determine whether the child named in the
17report is the subject of an action under Article V of the
18Juvenile Court Act of 1987 who is in the custody or
19guardianship of the Department or who has an open intact family
20services case with the Department or is the subject of an
21action under Article II of the Juvenile Court Act of 1987. If
22the child either is the subject of an action under Article V of
23the Juvenile Court Act of 1987 and is in the custody or

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1guardianship of the Department or has an open intact family
2services case with the Department or is the subject of an
3action under Article II of the Juvenile Court Act of 1987 and
4the Department intends to classify the report as indicated, the
5Department shall, within 45 days of classification of the
6report, transmit a copy of the report to the attorney or
7guardian ad litem appointed for the child under Section 2-17 of
8the Juvenile Court Act of 1987 or to a guardian ad litem
9appointed under Section 5-610 of the Juvenile Court Act of
101987. If the child either is the subject of an action under
11Article V of the Juvenile Court Act of 1987 and is in the
12custody or guardianship of the Department or has an open intact
13family services case with the Department or is the subject of
14an action under Article II of the Juvenile Court Act of 1987
15and the Department intends to classify the report as unfounded,
16the Department shall, within 45 days of deciding its intent to
17classify the report as unfounded, transmit a copy of the report
18and written notice of the Department's intent to the attorney
19or guardian ad litem appointed for the child under Section 2-17
20of the Juvenile Court Act of 1987, or to a guardian ad litem
21appointed under Section 5-610 of the Juvenile Court Act of
221987. The Department's obligation under this Section to provide
23reports to a guardian ad litem appointed under Section 5-610 of
24the Juvenile Court Act of 1987 for a minor with an open intact
25family services case applies only if the guardian ad litem
26notified the Department in writing of the representation. All

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1information identifying the subjects of an unfounded report
2shall be expunged from the register forthwith, except as
3provided in Section 7.7. Unfounded reports may only be made
4available to the Child Protective Service Unit when
5investigating a subsequent report of suspected abuse or
6maltreatment involving a child named in the unfounded report;
7and to the subject of the report, provided the Department has
8not expunged the file in accordance with Section 7.7. The Child
9Protective Service Unit shall not indicate the subsequent
10report solely based upon the existence of the prior unfounded
11report or reports. Notwithstanding any other provision of law
12to the contrary, an unfounded report shall not be admissible in
13any judicial or administrative proceeding or action except for
14proceedings under Sections 2-10 and 2-21 of the Juvenile Court
15Act of 1987 involving a petition filed under Section 2-13 of
16the Juvenile Court Act of 1987 alleging abuse or neglect to the
17same child, a sibling of the child, or the same perpetrator.
18Identifying information on all other records shall be removed
19from the register no later than 5 years after the report is
20indicated. However, if another report is received involving the
21same child, his sibling or offspring, or a child in the care of
22the persons responsible for the child's welfare, or involving
23the same alleged offender, the identifying information may be
24maintained in the register until 5 years after the subsequent
25case or report is closed.
26 Notwithstanding any other provision of this Section,

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1identifying information in indicated reports involving serious
2physical injury to a child as defined by the Department in
3rules, may be retained longer than 5 years after the report is
4indicated or after the subsequent case or report is closed, and
5may not be removed from the register except as provided by the
6Department in rules. Identifying information in indicated
7reports involving sexual penetration of a child, sexual
8molestation of a child, sexual exploitation of a child, torture
9of a child, or the death of a child, as defined by the
10Department in rules, shall be retained for a period of not less
11than 50 years after the report is indicated or after the
12subsequent case or report is closed.
13 For purposes of this Section, "child" includes an adult
14resident as defined in this Act.
15(Source: P.A. 99-78, eff. 7-20-15; 99-349, eff. 1-1-16;
16100-158, eff. 1-1-18; 100-863, eff. 8-14-18.)
17 (325 ILCS 5/7.22a new)
18 Sec. 7.22a. Reports subject to review.
19 (a) Unfounded reports. Prior to classifying a report under
20Section 7.14, if the Department intends to classify the report
21as unfounded, the Department must first determine whether the
22report is subject to review in accordance with this Section. If
23the report is subject to review, the review process must be
24completed prior to classifying the report. The Deputy Director
25of Child Protection must oversee a review process that ensures

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1the Department reviews a random sample of at least 5% of child
2abuse and neglect reports in which the Department intends to be
3unfounded and any subject child of the report is not of
4compulsory school age as provided under Section 26-1 of the
5School Code.
6 The review must be conducted by an area administrator
7outside the supervisory chain of the investigator and
8supervisor. The review shall ensure that the investigation was
9conducted in accordance with the Department's rules and
10procedures governing child abuse and neglect investigations
11and that the final intended finding is consistent with the goal
12of protecting the health, safety, and best interests of the
13child in all situations in which the child is vulnerable to
14child abuse or neglect. If the reviewer determines the
15investigation or final recommended unfounded finding is
16inconsistent with the Department's rules and procedures, the
17reviewer shall document the findings in an Unfounded Review
18Report and forward the Unfounded Review Report to the
19investigator, supervisor, area administrator assigned to the
20case, and Deputy Director of Child Protection to ensure
21appropriate corrective steps are taken in the case before the
22final finding is entered. The Unfounded Review Report shall be
23included in the investigative file.
24 (b) The Deputy Director of Child Protection must oversee a
25review process that ensures the Department reviews a random
26sample of at least 5% of indicated reports in which any subject

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1child of the report is not of compulsory school age as provided
2under Section 26-1 of the School Code, the child is not a youth
3in care, and the Department is not opening a case for any type
4of services, including situations in which the family refuses
5services. The review must be conducted by an area administrator
6outside the supervisory chain of the assigned investigator
7within 15 days of the final finding being entered. The review
8shall ensure that the investigation was conducted in accordance
9with the Department's rules and procedures governing child
10abuse and neglect investigations and that the decision to not
11provide services is consistent with the goal of protecting the
12health, safety, and best interests of the child in all
13situations in which the child is vulnerable to child abuse or
14neglect. If the reviewer determines the investigation or final
15finding is inconsistent with the Department's rules and
16procedures, the reviewer shall document the findings in an
17Indicated Review Report and forward the Indicated Review Report
18to the investigator, supervisor, area administrator assigned
19to the case, and Deputy Director of Child Protection to ensure
20appropriate corrective steps are taken in the case. The
21Indicated Review Report shall be included in the investigative
22file.
23 (c) The Department shall document its findings in
24accordance with subsections (a) and (b), including the number
25of Unfounded Review Reports and Indicated Review Reports, and
26the findings and recommendations detailed in the Indicated

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1Review Reports and Unfounded Review Reports in reports to the
2General Assembly. The reports shall describe recommendations
3for systemic reforms based on the findings of the reviews and
4the steps the Department will take to implement the
5recommendations. The initial report shall be filed 90 days
6after the effective date of this amendatory Act of the 101st
7General Assembly. Subsequent reports shall be filed on December
81 and June 1 of each year.
9 (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
10 Sec. 8.2. If the Child Protective Service Unit determines,
11following an investigation made pursuant to Section 7.4 of this
12Act, that there is credible evidence that the child is abused
13or neglected, the Department shall assess the family's need for
14services, and, as necessary, develop, with the family, an
15appropriate service plan for the family's voluntary acceptance
16or refusal. In any case where there is evidence that the
17perpetrator of the abuse or neglect has a substance use
18disorder as defined in the Substance Use Disorder Act, the
19Department, when making referrals for drug or alcohol abuse
20services, shall make such referrals to facilities licensed by
21the Department of Human Services or the Department of Public
22Health. The Department shall comply with Section 8.1 by
23explaining its lack of legal authority to compel the acceptance
24of services and may explain its concomitant authority to
25petition the Circuit court under the Juvenile Court Act of 1987

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1or refer the case to the local law enforcement authority or
2State's attorney for criminal prosecution.
3 For purposes of this Act, the term "family preservation
4services" refers to all services to help families, including
5adoptive and extended families. Family preservation services
6shall be offered, where safe and appropriate, to prevent the
7placement of children in substitute care when the children can
8be cared for at home or in the custody of the person
9responsible for the children's welfare without endangering the
10children's health or safety, to reunite them with their
11families if so placed when reunification is an appropriate
12goal, or to maintain an adoptive placement. The term
13"homemaker" includes emergency caretakers, homemakers,
14caretakers, housekeepers and chore services. The term
15"counseling" includes individual therapy, infant stimulation
16therapy, family therapy, group therapy, self-help groups, drug
17and alcohol abuse counseling, vocational counseling and
18post-adoptive services. The term "day care" includes
19protective day care and day care to meet educational,
20prevocational or vocational needs. The term "emergency
21assistance and advocacy" includes coordinated services to
22secure emergency cash, food, housing and medical assistance or
23advocacy for other subsistence and family protective needs.
24 Before July 1, 2000, appropriate family preservation
25services shall, subject to appropriation, be included in the
26service plan if the Department has determined that those

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1services will ensure the child's health and safety, are in the
2child's best interests, and will not place the child in
3imminent risk of harm. Beginning July 1, 2000, appropriate
4family preservation services shall be uniformly available
5throughout the State. The Department shall promptly notify
6children and families of the Department's responsibility to
7offer and provide family preservation services as identified in
8the service plan. Such plans may include but are not limited
9to: case management services; homemakers; counseling; parent
10education; day care; emergency assistance and advocacy
11assessments; respite care; in-home health care; transportation
12to obtain any of the above services; and medical assistance.
13Nothing in this paragraph shall be construed to create a
14private right of action or claim on the part of any individual
15or child welfare agency, except that when a child is the
16subject of an action under Article II of the Juvenile Court Act
17of 1987 and the child's service plan calls for services to
18facilitate achievement of the permanency goal, the court
19hearing the action under Article II of the Juvenile Court Act
20of 1987 may order the Department to provide the services set
21out in the plan, if those services are not provided with
22reasonable promptness and if those services are available.
23 Each Department field office shall maintain on a local
24basis directories of services available to children and
25families in the local area where the Department office is
26located.

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1 The Department shall refer children and families served
2pursuant to this Section to private agencies and governmental
3agencies, where available.
4 Incentives that discourage or reward a decision to provide
5family preservation services after a report is indicated or a
6decision to refer a child for the filing of a petition under
7Article II of the Juvenile Court Act of 1987 are strictly
8prohibited and shall not be included in any contract, quality
9assurance, or performance review process. Incentives include,
10but are not limited to, monetary benefits, contingencies, and
11enhanced or diminished performance reviews for individuals or
12agencies.
13 Any decision regarding whether to provide family
14preservation services after an indicated report or to refer a
15child for the filing of a petition under Article II of the
16Juvenile Court Act of 1987 shall be based solely on the child's
17health, safety, and best interests and on any applicable law.
18If a difference of opinion exists between a private agency and
19the Department regarding whether to refer for the filing of a
20petition under Article II of the Juvenile Court Act of 1987,
21the case shall be referred to the Deputy Director of Child
22Protection for review and determination.
23 Any Department employee responsible for reviewing
24contracts or program plans who is aware of a violation of this
25Section shall immediately refer the matter to the Inspector
26General of the Department.

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1 Where there are 2 equal proposals from both a
2not-for-profit and a for-profit agency to provide services, the
3Department shall give preference to the proposal from the
4not-for-profit agency.
5 No service plan shall compel any child or parent to engage
6in any activity or refrain from any activity which is not
7reasonably related to remedying a condition or conditions that
8gave rise or which could give rise to any finding of child
9abuse or neglect.
10(Source: P.A. 100-759, eff. 1-1-19.)
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