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| 1 | AN ACT concerning children. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 5. The Abused and Neglected Child Reporting Act is | ||||||
| 5 | amended by changing Section 7.12 as follows: | ||||||
| 6 | (325 ILCS 5/7.12) (from Ch. 23, par. 2057.12) | ||||||
| 7 | Sec. 7.12. The Child Protective Service Unit shall | ||||||
| 8 | determine, within 60 days, whether the report is "indicated" | ||||||
| 9 | or "unfounded" and report it forthwith to the central | ||||||
| 10 | register; where it is not possible to initiate or complete an | ||||||
| 11 | investigation within 60 days the report may be deemed | ||||||
| 12 | "undetermined" provided every effort has been made to | ||||||
| 13 | undertake a complete investigation. The Department may extend | ||||||
| 14 | the period in which such determinations must be made in | ||||||
| 15 | individual cases for additional periods of up to 30 days each | ||||||
| 16 | for good cause shown. The Department shall by rule establish | ||||||
| 17 | what shall constitute good cause. | ||||||
| 18 | In those cases in which the Child Protective Service Unit | ||||||
| 19 | has made a final determination that a report is "indicated" or | ||||||
| 20 | "unfounded", the Department shall provide written notification | ||||||
| 21 | of the final determination to the subjects of the report and to | ||||||
| 22 | the alleged perpetrator, parents, personal guardian or legal | ||||||
| 23 | guardian of the alleged child victim, and other persons | ||||||
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| 1 | required to receive notice by regular U.S. mail. The written | ||||||
| 2 | notification of the final determination of an indicated | ||||||
| 3 | finding by the Department shall include: | ||||||
| 4 | (1) a statement of the allegation and the indicated | ||||||
| 5 | finding; | ||||||
| 6 | (2) the length of time the indicated finding shall be | ||||||
| 7 | maintained in the State Central Register; | ||||||
| 8 | (3) notice of the right to request an administrative | ||||||
| 9 | appeal of the indicated finding; | ||||||
| 10 | (4) the time period within which an administrative | ||||||
| 11 | appeal must be requested; | ||||||
| 12 | (5) the manner in which to request an administrative | ||||||
| 13 | appeal; and | ||||||
| 14 | (6) notice of the right to request a copy of the | ||||||
| 15 | investigative file that pertains to the subject, including | ||||||
| 16 | the manner in which such a request may be made, regardless | ||||||
| 17 | of whether the subject requests an administrative appeal, | ||||||
| 18 | and that any records provided are subject to redaction or | ||||||
| 19 | withholding as required by State or federal law. | ||||||
| 20 | Subject to appropriation, written notification of the | ||||||
| 21 | final determination shall be sent to a perpetrator indicated | ||||||
| 22 | for child abuse or child neglect, or both, by both regular and | ||||||
| 23 | certified mail. | ||||||
| 24 | (Source: P.A. 96-385, eff. 1-1-10.) | ||||||