Bill Text: IL SB0193 | 2019-2020 | 101st General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Abused and Neglected Child Reporting Act. Provides that prior to classifying a report of abuse or neglect as "indicated", "unfounded" or "undetermined", if the Department of Children and Family Services intends to classify the report as unfounded, the Department must first determine whether the report is subject to review and must complete the review process prior to classifying the report. Requires the Deputy Director of Child Protection to oversee a review process that ensures the Department reviews a random sample of at least 5% of child abuse and neglect reports in which the Department intends to be unfounded and any subject child of the report is not of compulsory school age as provided under the School Code. Provides that the review must be conducted by an area administrator outside the supervisory chain of the investigator and supervisor; and that the review shall ensure that the investigation was conducted in accordance with the Department's rules and procedures governing child abuse and neglect investigations and that the final intended finding is consistent with the goal of protecting the health, safety, and best interests of the child in all situations in which the child is vulnerable to child abuse or neglect. Provides that if the reviewer determines the investigation or final recommended unfounded finding is inconsistent with the Department's rules and procedures, the reviewer shall document the findings in an Unfounded Review Report and forward the Unfounded Review Report to specified persons to ensure corrective steps are taken in the case before the final finding is entered. Requires the Deputy Director of Child Protection to oversee a review process that ensures the Department reviews a random sample of at least 5% of indicated reports in which any subject child of the report is not of compulsory school age as provided under the School Code, the child is not a youth in care, and the Department is not opening a case for any type of services. Provides that if the reviewer determines the investigation or final finding is inconsistent with the Department's rules and procedures, the reviewer shall document the findings in an Indicated Review Report and forward the Indicated Review Report to specified persons to ensure corrective steps are taken in the case. Requires the Department to report to the General Assembly its findings on the number of Unfounded Review Reports and Indicated Review Reports it documents. Provides that incentives that discourage or reward a decision to provide family preservation services after a report is indicated or a decision to refer a child for the filing of a petition under the Juvenile Court Act of 1987 are strictly prohibited and shall not be included in any contract, quality assurance, or performance review process. Provides that any decision regarding whether to provide family preservation services after an indicated report or to refer a child for the filing of a petition under the Juvenile Court Act of 1987 shall be based solely on the child's health, safety, and best interests and on any applicable law. Requires any Department employee responsible for reviewing contracts or program plans who is aware of a violation of these provisions to immediately refer the matter to the Inspector General of the Department. Effective immediately.
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0528 [SB0193 Detail]
Download: Illinois-2019-SB0193-Enrolled.html
Bill Title: Amends the Abused and Neglected Child Reporting Act. Provides that prior to classifying a report of abuse or neglect as "indicated", "unfounded" or "undetermined", if the Department of Children and Family Services intends to classify the report as unfounded, the Department must first determine whether the report is subject to review and must complete the review process prior to classifying the report. Requires the Deputy Director of Child Protection to oversee a review process that ensures the Department reviews a random sample of at least 5% of child abuse and neglect reports in which the Department intends to be unfounded and any subject child of the report is not of compulsory school age as provided under the School Code. Provides that the review must be conducted by an area administrator outside the supervisory chain of the investigator and supervisor; and that the review shall ensure that the investigation was conducted in accordance with the Department's rules and procedures governing child abuse and neglect investigations and that the final intended finding is consistent with the goal of protecting the health, safety, and best interests of the child in all situations in which the child is vulnerable to child abuse or neglect. Provides that if the reviewer determines the investigation or final recommended unfounded finding is inconsistent with the Department's rules and procedures, the reviewer shall document the findings in an Unfounded Review Report and forward the Unfounded Review Report to specified persons to ensure corrective steps are taken in the case before the final finding is entered. Requires the Deputy Director of Child Protection to oversee a review process that ensures the Department reviews a random sample of at least 5% of indicated reports in which any subject child of the report is not of compulsory school age as provided under the School Code, the child is not a youth in care, and the Department is not opening a case for any type of services. Provides that if the reviewer determines the investigation or final finding is inconsistent with the Department's rules and procedures, the reviewer shall document the findings in an Indicated Review Report and forward the Indicated Review Report to specified persons to ensure corrective steps are taken in the case. Requires the Department to report to the General Assembly its findings on the number of Unfounded Review Reports and Indicated Review Reports it documents. Provides that incentives that discourage or reward a decision to provide family preservation services after a report is indicated or a decision to refer a child for the filing of a petition under the Juvenile Court Act of 1987 are strictly prohibited and shall not be included in any contract, quality assurance, or performance review process. Provides that any decision regarding whether to provide family preservation services after an indicated report or to refer a child for the filing of a petition under the Juvenile Court Act of 1987 shall be based solely on the child's health, safety, and best interests and on any applicable law. Requires any Department employee responsible for reviewing contracts or program plans who is aware of a violation of these provisions to immediately refer the matter to the Inspector General of the Department. Effective immediately.
Spectrum: Strong Partisan Bill (Democrat 12-1)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0528 [SB0193 Detail]
Download: Illinois-2019-SB0193-Enrolled.html
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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Abused and Neglected Child Reporting Act is | ||||||
5 | amended by changing Sections 7.14 and 8.2 and by adding Section | ||||||
6 | 7.22a as follows:
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7 | (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
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8 | Sec. 7.14. All reports in the central register shall be | ||||||
9 | classified in one
of three categories: "indicated", | ||||||
10 | "unfounded" or "undetermined", as the
case may be. Prior to | ||||||
11 | classifying the report, the Department shall determine whether | ||||||
12 | the report is subject to Department review under Section 7.22a. | ||||||
13 | If the report is subject to Department review, the report shall | ||||||
14 | not be classified as unfounded until the review is completed. | ||||||
15 | Prior to classifying the report, the person making the
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16 | classification shall determine whether the child named in the
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17 | report is the subject of an action under Article V of the | ||||||
18 | Juvenile Court Act of 1987 who is in the custody or | ||||||
19 | guardianship of the Department or who has an open intact family | ||||||
20 | services case with the Department or is the subject of an | ||||||
21 | action under Article II of the Juvenile Court
Act of 1987. If | ||||||
22 | the child either is the subject of an action under Article V of | ||||||
23 | the Juvenile Court Act of 1987 and is in the custody or |
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1 | guardianship of the Department or has an open intact family | ||||||
2 | services case with the Department or is the subject of an | ||||||
3 | action under Article II of the
Juvenile Court Act of 1987 and | ||||||
4 | the Department intends to classify the report as indicated, the | ||||||
5 | Department shall, within 45 days of classification of the | ||||||
6 | report, transmit a copy of the report to
the attorney or | ||||||
7 | guardian ad litem appointed for the child under Section 2-17 of | ||||||
8 | the
Juvenile Court Act of 1987 or to a guardian ad litem | ||||||
9 | appointed under Section 5-610 of the Juvenile Court Act of | ||||||
10 | 1987. If the child either is the subject of an action under | ||||||
11 | Article V of the Juvenile Court Act of 1987 and is in the | ||||||
12 | custody or guardianship of the Department or has an open intact | ||||||
13 | family services case with the Department or is the subject of | ||||||
14 | an action under Article II of the Juvenile Court Act of 1987 | ||||||
15 | and the Department intends to classify the report as unfounded, | ||||||
16 | the Department shall, within 45 days of deciding its intent to | ||||||
17 | classify the report as unfounded, transmit a copy of the report | ||||||
18 | and written notice of the Department's intent to the attorney | ||||||
19 | or guardian ad litem appointed for the child under Section 2-17 | ||||||
20 | of the Juvenile Court Act of 1987, or to a guardian ad litem | ||||||
21 | appointed under Section 5-610 of the Juvenile Court Act of | ||||||
22 | 1987. The Department's obligation under this Section to provide | ||||||
23 | reports to a guardian ad litem appointed under Section 5-610 of | ||||||
24 | the Juvenile Court Act of 1987 for a minor with an open intact | ||||||
25 | family services case applies only if the guardian ad litem | ||||||
26 | notified the Department in writing of the representation. All |
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1 | information identifying the subjects of an unfounded
report | ||||||
2 | shall be expunged from the register
forthwith, except as | ||||||
3 | provided in Section 7.7.
Unfounded reports may only be made | ||||||
4 | available to the Child
Protective Service Unit when | ||||||
5 | investigating a subsequent report of suspected
abuse or | ||||||
6 | maltreatment involving a child named in the unfounded report; | ||||||
7 | and to
the subject of the report, provided the Department has | ||||||
8 | not expunged the file in accordance with Section 7.7. The Child | ||||||
9 | Protective
Service Unit shall not indicate the subsequent | ||||||
10 | report solely based upon the
existence of the prior unfounded | ||||||
11 | report or reports. Notwithstanding any other
provision of law | ||||||
12 | to the contrary, an unfounded report shall not be admissible
in | ||||||
13 | any judicial or administrative proceeding or action except for | ||||||
14 | proceedings under Sections 2-10 and 2-21 of the Juvenile Court | ||||||
15 | Act of 1987 involving a
petition filed under Section 2-13 of | ||||||
16 | the Juvenile Court Act of 1987 alleging
abuse or neglect to the | ||||||
17 | same child, a sibling of the child, or the same
perpetrator.
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18 | Identifying information on all other records shall be
removed | ||||||
19 | from the register no later than 5 years after the report is | ||||||
20 | indicated.
However, if another report is received involving the | ||||||
21 | same child, his sibling
or offspring, or a child in the care of | ||||||
22 | the persons responsible for the
child's welfare, or involving | ||||||
23 | the same alleged offender, the
identifying
information may be | ||||||
24 | maintained in the register
until 5 years after the subsequent | ||||||
25 | case or report is closed.
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26 | Notwithstanding any other provision of this Section, |
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1 | identifying
information in indicated reports involving serious | ||||||
2 | physical injury to a child as defined by the
Department in | ||||||
3 | rules, may be retained longer than 5 years after the report
is | ||||||
4 | indicated or after the subsequent case or report is closed, and | ||||||
5 | may not
be removed from the register except as provided by the | ||||||
6 | Department in rules. Identifying information in indicated | ||||||
7 | reports involving sexual penetration of a child, sexual | ||||||
8 | molestation of a child, sexual exploitation of a child, torture | ||||||
9 | of a child, or the death of a child, as defined by the | ||||||
10 | Department in rules, shall be retained for a period of not less | ||||||
11 | than 50 years after the report is indicated or after the | ||||||
12 | subsequent case or report is closed.
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13 | For purposes of this Section, "child" includes an adult | ||||||
14 | resident as defined in this Act. | ||||||
15 | (Source: P.A. 99-78, eff. 7-20-15; 99-349, eff. 1-1-16; | ||||||
16 | 100-158, eff. 1-1-18; 100-863, eff. 8-14-18.)
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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 | ||||||
20 | Section 7.14, if the Department
intends to classify the report | ||||||
21 | as unfounded, the Department must first determine whether the | ||||||
22 | report is subject to review
in accordance with this Section. If | ||||||
23 | the report is subject to review, the review process must be | ||||||
24 | completed prior to classifying the
report. The Deputy Director | ||||||
25 | of Child Protection must oversee a review process that ensures |
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1 | the Department reviews a random sample of at least 5% of child | ||||||
2 | abuse and neglect reports in which the Department intends to be | ||||||
3 | unfounded and any subject child of the report is not of | ||||||
4 | compulsory school age as provided under Section 26-1 of the | ||||||
5 | School Code. | ||||||
6 | The review must be conducted by an area administrator | ||||||
7 | outside the supervisory chain of the investigator and | ||||||
8 | supervisor. The review shall ensure that the investigation was | ||||||
9 | conducted in accordance with the Department's rules and
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10 | procedures governing child abuse and neglect investigations | ||||||
11 | and that the final intended finding is consistent with the goal | ||||||
12 | of protecting the health, safety, and best interests of the | ||||||
13 | child in all situations in which the child is vulnerable to | ||||||
14 | child abuse or neglect. If the reviewer determines the | ||||||
15 | investigation or final recommended unfounded finding is | ||||||
16 | inconsistent with the Department's rules and
procedures, the | ||||||
17 | reviewer shall document the findings in an Unfounded Review | ||||||
18 | Report and forward the Unfounded Review Report to the | ||||||
19 | investigator, supervisor, area administrator assigned to the | ||||||
20 | case, and Deputy Director of Child Protection to ensure | ||||||
21 | appropriate corrective steps are taken in the case before the | ||||||
22 | final finding is entered. The Unfounded Review Report shall be | ||||||
23 | included in the investigative file. | ||||||
24 | (b) The Deputy Director of Child Protection must oversee a | ||||||
25 | review process that ensures the Department reviews a random | ||||||
26 | sample of at least 5% of indicated reports in which any subject |
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1 | child of the report is not of compulsory school age as provided | ||||||
2 | under Section 26-1 of the School Code, the child is not a youth | ||||||
3 | in care, and the Department is not opening a case for any type | ||||||
4 | of services, including situations in which the family refuses | ||||||
5 | services. The review must be conducted by an area administrator | ||||||
6 | outside the supervisory chain of the assigned investigator | ||||||
7 | within 15 days of the final finding being entered. The review | ||||||
8 | shall ensure that the investigation was conducted in accordance | ||||||
9 | with the Department's rules and
procedures governing child | ||||||
10 | abuse and neglect investigations and that the decision to not | ||||||
11 | provide services is consistent with the goal of protecting the | ||||||
12 | health, safety, and best interests of the child in all | ||||||
13 | situations in which the child is vulnerable to child abuse or | ||||||
14 | neglect. If the reviewer determines the investigation or final | ||||||
15 | finding is inconsistent with the Department's rules and
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16 | procedures, the reviewer shall document the findings in an | ||||||
17 | Indicated Review Report and forward the Indicated Review Report | ||||||
18 | to the investigator, supervisor, area administrator assigned | ||||||
19 | to the case, and Deputy Director of Child Protection to ensure | ||||||
20 | appropriate corrective steps are taken in the case. The | ||||||
21 | Indicated Review Report shall be included in the investigative | ||||||
22 | file. | ||||||
23 | (c) The Department shall document its findings in | ||||||
24 | accordance with subsections (a) and (b), including the number | ||||||
25 | of Unfounded Review Reports and Indicated Review Reports, and | ||||||
26 | the findings and recommendations detailed in the Indicated |
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1 | Review Reports and Unfounded Review Reports in reports to the | ||||||
2 | General Assembly. The reports shall describe recommendations | ||||||
3 | for systemic reforms based on the findings of the reviews and | ||||||
4 | the steps the Department will take to implement the | ||||||
5 | recommendations. The initial report shall be filed 90 days | ||||||
6 | after the effective date of this amendatory Act of the 101st | ||||||
7 | General Assembly. Subsequent reports shall be filed on December | ||||||
8 | 1 and June 1 of each year.
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9 | (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
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10 | Sec. 8.2. If the Child Protective Service Unit determines, | ||||||
11 | following
an investigation made pursuant to Section 7.4 of this | ||||||
12 | Act, that there is
credible evidence that the child is abused | ||||||
13 | or neglected, the Department
shall assess the family's need for | ||||||
14 | services, and, as necessary, develop,
with the family, an | ||||||
15 | appropriate service plan for the family's voluntary
acceptance | ||||||
16 | or refusal. In any case where there is evidence that the
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17 | perpetrator of the abuse or neglect has a substance use | ||||||
18 | disorder as defined in the Substance Use Disorder Act, the | ||||||
19 | Department, when
making referrals for drug or alcohol abuse | ||||||
20 | services, shall make such referrals
to facilities licensed by | ||||||
21 | the Department of Human Services or the Department
of Public | ||||||
22 | Health. The Department shall comply with Section 8.1 by | ||||||
23 | explaining
its lack of legal authority to compel the acceptance | ||||||
24 | of services and may
explain its concomitant authority to | ||||||
25 | petition the Circuit court
under the Juvenile Court Act of 1987 |
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1 | or refer the case to the local law
enforcement authority or | ||||||
2 | State's attorney for criminal prosecution.
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3 | For purposes of this Act, the term "family preservation | ||||||
4 | services"
refers to all services
to help families, including | ||||||
5 | adoptive and extended families. Family
preservation services | ||||||
6 | shall be
offered, where safe and appropriate,
to prevent the | ||||||
7 | placement of children in substitute
care when the children can | ||||||
8 | be cared for at home or in the custody of the
person | ||||||
9 | responsible for the children's welfare without endangering the
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10 | children's health or safety, to reunite them with their
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11 | families if so placed when reunification
is an appropriate | ||||||
12 | goal, or to maintain an adoptive placement. The term
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13 | "homemaker" includes emergency caretakers, homemakers, | ||||||
14 | caretakers,
housekeepers and chore services. The term | ||||||
15 | "counseling" includes individual
therapy, infant stimulation | ||||||
16 | therapy, family therapy, group therapy,
self-help groups, drug | ||||||
17 | and alcohol abuse counseling, vocational counseling
and | ||||||
18 | post-adoptive services. The term "day care" includes | ||||||
19 | protective day
care and day care to meet educational, | ||||||
20 | prevocational or vocational needs.
The term "emergency | ||||||
21 | assistance and advocacy" includes coordinated services
to | ||||||
22 | secure emergency cash, food, housing and medical assistance or | ||||||
23 | advocacy
for other subsistence and family protective needs.
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24 | Before July 1, 2000, appropriate family preservation | ||||||
25 | services shall, subject
to appropriation, be included in the | ||||||
26 | service plan if the Department has
determined that those |
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1 | services will ensure the child's health and safety, are
in the | ||||||
2 | child's best interests, and will not place the child in | ||||||
3 | imminent risk of
harm. Beginning July 1, 2000, appropriate | ||||||
4 | family preservation services shall
be uniformly available | ||||||
5 | throughout the State. The Department shall promptly
notify | ||||||
6 | children and families of the Department's responsibility to | ||||||
7 | offer and
provide family preservation services as identified in | ||||||
8 | the service plan. Such
plans may include but are not limited | ||||||
9 | to: case management services; homemakers;
counseling; parent | ||||||
10 | education; day care; emergency assistance and advocacy
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11 | assessments; respite care; in-home health care; transportation | ||||||
12 | to obtain any of
the above services; and medical assistance. | ||||||
13 | Nothing in this paragraph shall be
construed to create a | ||||||
14 | private right of action or claim on the part of any
individual | ||||||
15 | or child welfare agency, except that when a child is the | ||||||
16 | subject of an action under Article II of the Juvenile Court Act | ||||||
17 | of 1987 and the child's service plan calls for services to | ||||||
18 | facilitate achievement of the permanency goal, the court | ||||||
19 | hearing the action under Article II of the Juvenile Court Act | ||||||
20 | of 1987 may order the Department to provide the services set | ||||||
21 | out in the plan, if those services are not provided with | ||||||
22 | reasonable promptness and if those services are available.
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23 | Each Department field office shall maintain on a local | ||||||
24 | basis
directories of services available to children and | ||||||
25 | families in the local
area where the Department office is | ||||||
26 | located.
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1 | The Department shall refer children and families served
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2 | pursuant to this Section to private agencies and governmental | ||||||
3 | agencies,
where available.
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4 | Incentives that discourage or reward a decision to provide | ||||||
5 | family preservation services after a report is indicated or a | ||||||
6 | decision to refer a child for the filing of a petition under | ||||||
7 | Article II of the Juvenile Court Act of 1987 are strictly | ||||||
8 | prohibited and shall not be included in any contract, quality | ||||||
9 | assurance, or performance review process. Incentives include, | ||||||
10 | but are not limited to, monetary benefits, contingencies, and | ||||||
11 | enhanced or diminished performance reviews for individuals or | ||||||
12 | agencies. | ||||||
13 | Any decision regarding whether to provide family | ||||||
14 | preservation services after an indicated report or to refer a | ||||||
15 | child for the filing of a petition under Article II of the | ||||||
16 | Juvenile Court Act of 1987 shall be based solely on the child's | ||||||
17 | health, safety, and best interests and on any applicable law. | ||||||
18 | If a difference of opinion exists between a private agency and | ||||||
19 | the Department regarding whether to refer for the filing of a | ||||||
20 | petition under Article II of the Juvenile Court Act of 1987, | ||||||
21 | the case shall be referred to the Deputy Director of Child | ||||||
22 | Protection for review and determination. | ||||||
23 | Any Department employee responsible for reviewing | ||||||
24 | contracts or program plans who is aware of a violation of this | ||||||
25 | Section shall immediately refer the matter to the Inspector | ||||||
26 | General of the Department. |
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1 | Where there are 2 equal proposals from both a | ||||||
2 | not-for-profit and a
for-profit agency to provide services, the | ||||||
3 | Department shall give preference
to the proposal from the | ||||||
4 | not-for-profit agency.
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5 | No service plan shall compel any child or parent to engage | ||||||
6 | in any
activity or refrain from any activity which is not | ||||||
7 | reasonably related to
remedying a condition or conditions that | ||||||
8 | gave rise or which could give rise
to any finding of child | ||||||
9 | abuse or neglect.
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10 | (Source: P.A. 100-759, eff. 1-1-19 .)
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