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1 | AN ACT concerning children.
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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 2. The Child Death Review Team Act is amended by | ||||||
5 | changing Sections 20 and 40 as follows:
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6 | (20 ILCS 515/20)
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7 | Sec. 20. Reviews of child deaths.
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8 | (a) Every child death shall be reviewed by the team in the | ||||||
9 | subregion which
has
primary case management responsibility. | ||||||
10 | The deceased child must be one of the
following:
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11 | (1) A ward of the Department.
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12 | (2) The subject of an open service case maintained by | ||||||
13 | the Department.
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14 | (3) The subject of a pending child abuse or neglect | ||||||
15 | investigation.
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16 | (4) A child who was the subject of an abuse or neglect | ||||||
17 | investigation at
any time
during the 12 months preceding | ||||||
18 | the child's death.
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19 | (5) Any other child whose death is reported to the | ||||||
20 | State central
register as a result of alleged child abuse | ||||||
21 | or neglect which report is
subsequently indicated.
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22 | A child death review team may, at its discretion, review | ||||||
23 | other sudden,
unexpected, or unexplained child deaths.
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1 | (b) A child death review team's purpose in conducting | ||||||
2 | reviews of child
deaths
is to do the following:
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3 | (1) Assist in determining the cause and manner of the | ||||||
4 | child's death, when
requested.
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5 | (2) Evaluate means by which the death might have been | ||||||
6 | prevented.
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7 | (3) Report its findings to appropriate agencies and | ||||||
8 | make recommendations
that may help to reduce the number of | ||||||
9 | child deaths caused by abuse or neglect.
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10 | (4) Promote continuing education for professionals | ||||||
11 | involved in
investigating, treating, and preventing child | ||||||
12 | abuse and neglect as a means of
preventing child deaths due | ||||||
13 | to abuse or neglect.
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14 | (5) Make specific recommendations to the Director and | ||||||
15 | the Inspector
General of the Department concerning the | ||||||
16 | prevention of child deaths due to
abuse or neglect and the | ||||||
17 | establishment of protocols for investigating child
deaths.
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18 | (c) A child death review team shall review a child death as | ||||||
19 | soon as
practical and not later than
90 days following
the
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20 | completion by the Department of the investigation of the death | ||||||
21 | under the
Abused and Neglected Child Reporting Act. When there | ||||||
22 | has been no investigation
by the Department, the child death | ||||||
23 | review team shall review a child's death
within 90 days after | ||||||
24 | obtaining the information necessary to complete the review
from | ||||||
25 | the coroner, pathologist, medical examiner, or law enforcement | ||||||
26 | agency,
depending on the nature of the case. A child death
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1 | review
team shall meet at
least once in
each calendar quarter.
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2 | (d) The Director shall, within 90 days, review and reply to | ||||||
3 | recommendations
made by a team under
item (5) of
subsection | ||||||
4 | (b). With respect to each recommendation made by a team, the | ||||||
5 | Director shall submit his or her reply both to the chairperson | ||||||
6 | of that team and to the chairperson of the Executive Council. | ||||||
7 | The Director's reply to each recommendation must include a | ||||||
8 | statement as to whether the Director intends to implement the | ||||||
9 | recommendation. | ||||||
10 | The Director shall implement recommendations as feasible | ||||||
11 | and
appropriate and shall respond in writing to explain the | ||||||
12 | implementation or
nonimplementation of the recommendations. | ||||||
13 | (e) Within 90 days after the Director submits a reply with | ||||||
14 | respect to a recommendation as required by subsection (d), the | ||||||
15 | Director must submit an additional report that sets forth in | ||||||
16 | detail the way, if any, in which the Director will implement | ||||||
17 | the recommendation and the schedule for implementing the | ||||||
18 | recommendation. The Director shall submit this report to the | ||||||
19 | chairperson of the team that made the recommendation and to the | ||||||
20 | chairperson of the Executive Council. | ||||||
21 | (f) Within 180 days after the Director submits a report | ||||||
22 | under subsection (e) concerning the implementation of a | ||||||
23 | recommendation, the Director shall submit a further report to | ||||||
24 | the chairperson of the team that made the recommendation and to | ||||||
25 | the chairperson of the Executive Council. This report shall set | ||||||
26 | forth the specific changes in the Department's policies and |
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1 | procedures that have been made in response to the | ||||||
2 | recommendation.
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3 | (Source: P.A. 90-239, eff. 7-28-97; 90-608, eff. 6-30-98.)
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4 | (20 ILCS 515/40)
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5 | Sec. 40. Illinois Child Death Review Teams Executive | ||||||
6 | Council.
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7 | (a) The Illinois Child Death Review Teams Executive | ||||||
8 | Council, consisting of
the
chairpersons of the 9 child death | ||||||
9 | review teams in Illinois, is the coordinating
and
oversight | ||||||
10 | body for child death review teams and activities in Illinois. | ||||||
11 | The
vice-chairperson of a child death review team, as | ||||||
12 | designated by the
chairperson, may
serve
as a back-up member or | ||||||
13 | an alternate member of the Executive Council, if the
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14 | chairperson of the child death review team is unavailable to | ||||||
15 | serve on the
Executive Council. The Inspector General of the | ||||||
16 | Department, ex officio, is a
non-voting member of the Executive | ||||||
17 | Council. The Director may
appoint to the Executive Council any
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18 | ex-officio members deemed necessary. Persons with
expertise | ||||||
19 | needed by the Executive Council may be invited to meetings. The
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20 | Executive Council must select from its members a chairperson | ||||||
21 | and a
vice-chairperson, each
to serve a 2-year, renewable term.
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22 | The Executive Council must meet at least 4 times during | ||||||
23 | each calendar year. At each such meeting, in addition to any | ||||||
24 | other matters under consideration, the Executive Council shall | ||||||
25 | review all replies and reports received from the Director |
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1 | pursuant to subsections (d), (e), and (f) of Section 20 since | ||||||
2 | the Executive Council's previous meeting. The Executive | ||||||
3 | Council's review must include consideration of the Director's | ||||||
4 | proposed manner of and schedule for implementing each | ||||||
5 | recommendation made by a child death review team.
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6 | (b) The Department must provide or arrange for the staff | ||||||
7 | support necessary
for the
Executive Council to carry out its | ||||||
8 | duties.
The Director, in cooperation and consultation with the | ||||||
9 | Executive Council, shall
appoint, reappoint, and remove team | ||||||
10 | members.
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11 | (c) The Executive Council has, but is not limited to, the | ||||||
12 | following duties:
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13 | (1) To serve as the voice of child death review teams | ||||||
14 | in Illinois.
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15 | (2) To oversee the regional teams in order to ensure | ||||||
16 | that the teams' work
is
coordinated and in compliance with | ||||||
17 | the statutes and the operating protocol.
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18 | (3) To ensure that the data, results, findings, and | ||||||
19 | recommendations of the
teams are
adequately used to make | ||||||
20 | any necessary changes in the policies, procedures, and
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21 | statutes in order to protect children in a timely manner.
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22 | (4) To collaborate with the General Assembly, the | ||||||
23 | Department, and others
in order to
develop any legislation | ||||||
24 | needed to prevent child fatalities and to protect
children.
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25 | (5) To assist in the development of quarterly and | ||||||
26 | annual reports based on
the work
and the findings of the |
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1 | teams.
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2 | (6) To ensure that the regional teams' review processes | ||||||
3 | are standardized
in order to
convey data, findings, and | ||||||
4 | recommendations in a usable format.
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5 | (7) To serve as a link with child death review teams | ||||||
6 | throughout the
country and to
participate in national child | ||||||
7 | death review team activities.
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8 | (8) To develop an annual statewide symposium to update | ||||||
9 | the knowledge and
skills of
child death review team members | ||||||
10 | and to promote the exchange of information
between teams.
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11 | (9) To provide the child death review teams with the | ||||||
12 | most current
information and practices concerning child | ||||||
13 | death review and related topics.
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14 | (10) To perform any other functions necessary to | ||||||
15 | enhance the capability of
the child death review teams to | ||||||
16 | reduce and prevent child injuries and
fatalities.
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17 | (c-5) The Executive Council shall prepare an annual report. | ||||||
18 | The report must include, but need not be limited to, (i) each | ||||||
19 | recommendation made by a child death review team pursuant to | ||||||
20 | item (5) of subsection (b) of Section 20 during the period | ||||||
21 | covered by the report, (ii) the Director's proposed schedule | ||||||
22 | for implementing each such recommendation, and (iii) a | ||||||
23 | description of the specific changes in the Department's | ||||||
24 | policies and procedures that have been made in response to the | ||||||
25 | recommendation. The Executive Council shall send a copy of its | ||||||
26 | annual report to each of the following: |
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1 | (1) The Governor. | ||||||
2 | (2) Each member of the Senate or the House of | ||||||
3 | Representatives whose legislative district lies wholly or | ||||||
4 | partly within the region covered by any child death review | ||||||
5 | team whose recommendation is addressed in the annual | ||||||
6 | report. | ||||||
7 | (3) Each member of each child death review team in the | ||||||
8 | State.
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9 | (d) In any instance when a child death review team does not | ||||||
10 | operate in
accordance with
established protocol, the Director, | ||||||
11 | in consultation and cooperation
with the Executive Council,
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12 | must take any necessary actions to bring the team into | ||||||
13 | compliance
with the
protocol.
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14 | (Source: P.A. 92-468, eff. 8-22-01.)
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15 | Section 5. The Abused and Neglected Child Reporting Act is | ||||||
16 | amended by changing Section 4.2 as follows:
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17 | (325 ILCS 5/4.2)
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18 | Sec. 4.2. Departmental report on death or serious | ||||||
19 | life-threatening injury of child.
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20 | (a) In the case of the death or serious life-threatening | ||||||
21 | injury of a child whose care and custody or custody
and | ||||||
22 | guardianship has been transferred to the Department, or in the | ||||||
23 | case
of a child abuse or neglect report made to the central | ||||||
24 | register involving the
death of a child, the
Department shall |
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1 | (i) investigate or provide for an investigation of the cause
of | ||||||
2 | and circumstances surrounding the death or serious | ||||||
3 | life-threatening injury , (ii) review the investigation,
and | ||||||
4 | (iii) prepare and issue a report on the death or serious | ||||||
5 | life-threatening injury .
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6 | (b) The report shall include (i) the cause of death or | ||||||
7 | serious life-threatening injury , whether from natural
or other | ||||||
8 | causes, (ii) identification of child protective or other | ||||||
9 | services
provided or actions taken regarding the child and his | ||||||
10 | or her family, (iii) any
extraordinary or pertinent information | ||||||
11 | concerning the circumstances of the
child's death or serious | ||||||
12 | life-threatening injury , (iii) identification of child | ||||||
13 | protective or other social services provided or actions taken | ||||||
14 | regarding the child or his or her family at the time of the | ||||||
15 | death or serious life-threatening injury or within the | ||||||
16 | preceding 5 years, (iv) whether the child or the child's family | ||||||
17 | had received
assistance, care, or services from the social | ||||||
18 | services district prior to the
child's death, (v) any action or | ||||||
19 | further investigation undertaken by the
Department since the | ||||||
20 | death or serious life-threatening injury of the
child, (v)
and | ||||||
21 | (vi) as appropriate, recommendations for State
administrative | ||||||
22 | or policy changes , and (vi) whether the alleged perpetrator of | ||||||
23 | the abuse or neglect has been charged with committing a crime | ||||||
24 | related to the report and allegation of abuse or neglect. In | ||||||
25 | any case involving the death or near death of a child, when a | ||||||
26 | person responsible for the child has been charged with |
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1 | committing a crime that results in the child's death or near | ||||||
2 | death, there shall be a presumption that the best interest of | ||||||
3 | the public will be served by public disclosure of certain | ||||||
4 | information concerning the circumstances of the investigations | ||||||
5 | of the death or near death of the child and any other | ||||||
6 | investigations concerning that child or other children living | ||||||
7 | in the same household .
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8 | If the Department receives from the public a request for | ||||||
9 | information relating to a case of child abuse or neglect | ||||||
10 | involving the death or serious life-threatening injury of a | ||||||
11 | child, the Director shall consult with the State's Attorney in | ||||||
12 | the county of venue and release the report related to the case, | ||||||
13 | except for the following, which may be redacted from the | ||||||
14 | information disclosed to the public: any mental health or | ||||||
15 | psychological information that is confidential as otherwise | ||||||
16 | provided in State law; privileged communications of an | ||||||
17 | attorney; the identity of the individual or individuals, if | ||||||
18 | known, who made the report; information that may cause mental | ||||||
19 | or physical harm to a sibling or another child living in the | ||||||
20 | household; information that may undermine an ongoing criminal | ||||||
21 | investigation; and any information prohibited from disclosure | ||||||
22 | by federal law or regulation. Any information provided by an | ||||||
23 | adult subject of a report that is released about the case in a | ||||||
24 | public forum shall be subject to disclosure upon a public | ||||||
25 | information request. Information about the case shall also be | ||||||
26 | subject to disclosure upon consent of an adult subject. |
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1 | Information about the case shall also be subject to disclosure | ||||||
2 | if it has been publicly disclosed in a report by a law | ||||||
3 | enforcement agency or official, a State's Attorney, a judge, or | ||||||
4 | any other State or local investigative agency or official.
The | ||||||
5 | report shall contain no information that would identify the | ||||||
6 | name of the
deceased child, his or her siblings, the parent or | ||||||
7 | other person legally
responsible for the child, or any other | ||||||
8 | members of the child's household, but
shall refer instead to | ||||||
9 | the case, which may be denoted in any fashion determined
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10 | appropriate by the Department. In making a
fatality report | ||||||
11 | available to the public pursuant to subsection (c) of this
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12 | Section, the Department may respond to a child specific request | ||||||
13 | for a
report if the Department determines that the disclosure | ||||||
14 | is not contrary to
the best interests of the deceased child's | ||||||
15 | siblings or other children in the
household. Except as it may | ||||||
16 | apply directly to the cause of the death or serious | ||||||
17 | life-threatening injury of the
child, nothing
in this Section | ||||||
18 | shall be deemed to authorize the release or disclosure to the
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19 | public of
the substance or content of any psychological, | ||||||
20 | psychiatric, therapeutic,
clinical, or medical reports, | ||||||
21 | evaluation, or like materials or information
pertaining to the | ||||||
22 | child or the child's family.
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23 | (c) No later than 6 months after the date of the death or | ||||||
24 | serious life-threatening injury of the child, the
Department | ||||||
25 | shall complete its report.
The Department shall notify the | ||||||
26 | President of the Senate, the Minority Leader of
the Senate, the
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1 | Speaker of the House of Representatives, the Minority Leader of | ||||||
2 | the House of
Representatives, and the members of the Senate and | ||||||
3 | the House of Representatives
in whose district the child's | ||||||
4 | death or serious life-threatening injury occurred upon the | ||||||
5 | completion of each report
and
shall submit an annual cumulative | ||||||
6 | report to the Governor and the General
Assembly incorporating | ||||||
7 | cumulative
the data about
in the above reports and including | ||||||
8 | appropriate
findings
and recommendations. The reports required | ||||||
9 | by this subsection (c)
concerning the death of a child and the
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10 | cumulative reports shall be made available to the public
after | ||||||
11 | completion or submittal.
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12 | (d) To enable the Department to prepare the report, the | ||||||
13 | Department may
request and shall timely receive from | ||||||
14 | departments, boards, bureaus, or other
agencies of the State, | ||||||
15 | or any of its political subdivisions, or any duly
authorized | ||||||
16 | agency, or any other agency which provided assistance, care, or
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17 | services to the deceased or injured child any information they | ||||||
18 | are authorized to
provide.
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19 | (Source: P.A. 90-15, eff. 6-13-97.)
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