DCFS Oversight Committee
Filed: 3/15/2007
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 616




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    AMENDMENT NO. ______. Amend House Bill 616 on page 1, after 
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line 3, by inserting the following:

 
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    "Section 2. The Child Death Review Team Act is amended  by 
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changing Sections 20 and 40 as follows:
 



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    (20 ILCS 515/20)



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    Sec. 20. Reviews of child deaths. 

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    (a) Every child death shall be reviewed by the team in the 
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subregion which
has
primary case management responsibility.  
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The deceased child must be one of the
following:


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        (1) A ward of the Department.


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        (2) The subject of an open service case maintained by 
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    the Department.


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        (3) The subject of a pending child abuse or neglect 
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    investigation.


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        (4) A child who was the subject of an abuse or neglect 
 


 






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    investigation at
any time
during the 12 months preceding 
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    the child's death.


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        (5) Any other child whose death is reported to the 
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    State central
register as a result of alleged child abuse 
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    or neglect which report is
subsequently indicated.

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    A child death review team may, at its discretion, review 
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other sudden,
unexpected, or unexplained child deaths.

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    (b) A child death review team's purpose in conducting 
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reviews of child
deaths
is to do the following:


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        (1) Assist in determining the cause and manner of the 
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    child's death, when
requested.


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        (2) Evaluate means by which the death might have been 
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    prevented.


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        (3) Report its findings to appropriate agencies and 
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    make recommendations
that may help to reduce the number of 
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    child deaths caused by abuse or neglect.


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        (4) Promote continuing education for professionals 
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    involved in
investigating, treating, and preventing child 
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    abuse and neglect as a means of
preventing child deaths due 
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    to abuse or neglect.


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        (5) Make specific recommendations to the Director and 
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    the Inspector
General of the Department concerning the 
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    prevention of child deaths due to
abuse or neglect and the 
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    establishment of protocols for investigating child
deaths.

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    (c) A child death review team shall review a child death as 
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soon as
practical and not later than
90 days following
the

 


 






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completion by the Department of the investigation of the death 
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under the
Abused and Neglected Child Reporting Act.  When there 
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has been no investigation
by the Department, the child death 
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review team shall review a child's death
within 90 days after 
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obtaining the information necessary to complete the review
from 
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the coroner, pathologist, medical examiner, or law enforcement 
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agency,
depending on the nature of the case.  A child death

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review
team shall meet at
least once in
each calendar quarter.

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    (d) The Director shall, within 90 days, review and reply to 
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recommendations
made by a team under
item (5) of
subsection 
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(b). With respect to each recommendation made by a team, the 
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Director shall submit his or her reply both to the chairperson 
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of that team and to the chairperson of the Executive Council. 
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The Director's reply to each recommendation must include a 
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statement as to whether the Director intends to implement the 
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recommendation.
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    The Director shall implement recommendations as feasible 
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and
appropriate and shall respond in writing to explain the 
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implementation or
nonimplementation of the recommendations.
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    (e) Within 90 days after the Director submits a reply with 
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respect to a recommendation as required by subsection (d), the 
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Director must submit an additional report that sets forth in 
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detail the way, if any, in which the Director will implement 
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the recommendation and the schedule for implementing the 
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recommendation. The Director shall submit this report to the 
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chairperson of the team that made the recommendation and to the 
 


 






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chairperson of the Executive Council.
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(f) Within 180 days after the Director submits a report 
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under subsection (e) concerning the implementation of a 
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recommendation, the Director shall submit a further report to 
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the chairperson of the team that made the recommendation and to 
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the chairperson of the Executive Council. This report shall set 
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forth the specific changes in the Department's policies and 
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procedures that have been made in response to the 
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recommendation.


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(Source: P.A. 90-239, eff. 7-28-97; 90-608, eff. 6-30-98.)

 



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    (20 ILCS 515/40)



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    Sec. 40. Illinois Child Death Review Teams Executive 
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Council. 

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    (a) The Illinois Child Death Review Teams Executive 
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Council, consisting of
the
chairpersons of the 9 child death 
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review teams in Illinois, is the coordinating
and
oversight 
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body for child death review teams and activities in Illinois. 
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The
vice-chairperson of a child death review team, as 
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designated by the
chairperson, may
serve
as a back-up member or 
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an alternate member of the Executive Council, if the

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chairperson of the child death review team is unavailable to 
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serve on the
Executive Council. The Inspector General of the 
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Department, ex officio, is a
non-voting member of the Executive 
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Council.  The Director may
appoint to the Executive Council any

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ex-officio members deemed necessary.  Persons with
expertise 
 


 






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needed by the Executive Council may be invited to meetings.  The

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Executive Council must select from its members a chairperson 
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and a
vice-chairperson, each
to serve a 2-year, renewable term.

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    The Executive Council must meet at least 4 times during 
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each calendar year. At each such meeting, in addition to any 
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other matters under consideration, the Executive Council shall 
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review all replies and reports received from the Director 
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pursuant to subsections (d), (e), and (f) of Section 20 since 
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the Executive Council's previous meeting. The Executive 
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Council's review must include consideration of the Director's 
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proposed manner of and schedule for implementing each 
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recommendation made by a child death review team.


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    (b) The Department must provide or arrange for the staff 
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support necessary
for the
Executive Council to carry out its 
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duties.
The Director, in cooperation and consultation with the 
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Executive Council, shall
appoint, reappoint, and remove team 
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members.

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    (c) The Executive Council has, but is not limited to, the 
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following duties:


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        (1) To serve as the voice of child death review teams 
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    in Illinois.


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        (2) To oversee the regional teams in order to ensure 
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    that the teams' work
is
coordinated and in compliance with 
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    the statutes and the operating protocol.


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        (3) To ensure that the data, results, findings, and 
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    recommendations of the
teams are
adequately used to make 
 


 






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    any necessary changes in the policies, procedures, and

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    statutes in order to protect children in a timely manner.


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        (4) To collaborate with the General Assembly, the 
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    Department, and others
in order to
develop any legislation 
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    needed to prevent child fatalities and to protect
children.


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        (5) To assist in the development of quarterly and 
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    annual reports based on
the work
and the findings of the 
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    teams.


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        (6) To ensure that the regional teams' review processes 
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    are standardized
in order to
convey data, findings, and 
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    recommendations in a usable format.


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        (7) To serve as a link with child death review teams 
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    throughout the
country and to
participate in national child 
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    death review team activities.


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        (8) To develop an annual statewide symposium to update 
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    the knowledge and
skills of
child death review team members 
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    and to promote the exchange of information
between teams.


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        (9) To provide the child death review teams with the 
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    most current
information and practices concerning child 
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    death review and related topics.


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        (10) To perform any other functions necessary to 
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    enhance the capability of
the child death review teams to 
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    reduce and prevent child injuries and
fatalities.

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    (c-5) The Executive Council shall prepare an annual report. 
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The report must include, but need not be limited to, (i) each 
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recommendation made by a child death review team pursuant to 
 


 






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item (5) of subsection (b) of Section 20 during the period 
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covered by the report, (ii) the Director's proposed schedule 
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for implementing each such recommendation, and (iii) a 
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description of the specific changes in the Department's 
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policies and procedures that have been made in response to the 
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recommendation. The Executive Council shall send a copy of its 
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annual report to each of the following:
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        (1) The Governor.
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        (2) Each member of the Senate or the House of 
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    Representatives whose legislative district lies wholly or 
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    partly within the region covered by any child death review 
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    team whose recommendation is addressed in the annual 
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    report.
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        (3) Each member of each child death review team in the 
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    State.

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    (d) In any instance when a child death review team does not 
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operate in
accordance with
established protocol, the Director, 
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in consultation and cooperation
with the Executive Council,

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must take any necessary actions to bring the team into 
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compliance
with the
protocol.

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(Source: P.A. 92-468, eff. 8-22-01.)".