Public Act 0597 104TH GENERAL ASSEMBLY

HB4242 Enrolled LRB104 16754 KTG 30162 b

Public Act 104-0597

AN ACT concerning children.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Abused and Neglected Child Reporting Act is amended by changing Section 7.12 as follows:

(325 ILCS 5/7.12) (from Ch. 23, par. 2057.12)

Sec. 7.12. The Child Protective Service Unit shall determine, within 60 days, whether the report is "indicated" or "unfounded" and report it forthwith to the central register; where it is not possible to initiate or complete an investigation within 60 days the report may be deemed "undetermined" provided every effort has been made to undertake a complete investigation. The Department may extend the period in which such determinations must be made in individual cases for additional periods of up to 30 days each for good cause shown. The Department shall by rule establish what shall constitute good cause.

In those cases in which the Child Protective Service Unit has made a final determination that a report is "indicated" or "unfounded", the Department shall provide written notification of the final determination to the subjects of the report and to the alleged perpetrator, parents, personal guardian or legal guardian of the alleged child victim, and other persons required to receive notice by regular U.S. mail. The written notification of the final determination of an indicated finding by the Department shall include:

(1) a statement of the allegation and the indicated finding;

(2) the length of time the indicated finding shall be maintained in the State Central Register;

(3) notice of the right to request an administrative appeal of the indicated finding;

(4) the time period within which an administrative appeal must be requested;

(5) the manner in which to request an administrative appeal; and

(6) notice of the right to request a copy of the investigative file that pertains to the subject, including the manner in which such a request may be made, regardless of whether the subject requests an administrative appeal, and that any records provided are subject to redaction or withholding as required by State or federal law.

Subject to appropriation, written notification of the final determination shall be sent to a perpetrator indicated for child abuse or child neglect, or both, by both regular and certified mail.

(Source: P.A. 96-385, eff. 1-1-10.)