Sen. James F. Clayborne Jr.
Filed: 5/10/2007
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1 | AMENDMENT TO HOUSE BILL 616
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2 | AMENDMENT NO. ______. Amend House Bill 616 on page 1, by | ||||||
3 | replacing lines 4 and 5 with the following:
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4 | "Section 2. The Open Meetings Act is amended by changing | ||||||
5 | Section 1.02 as follows: | ||||||
6 | (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
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7 | Sec. 1.02. For the purposes of this Act:
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8 | "Meeting" means any gathering, whether in person or by | ||||||
9 | video or audio conference, telephone call, electronic means | ||||||
10 | (such as, without limitation, electronic mail, electronic | ||||||
11 | chat, and instant messaging), or other means of contemporaneous | ||||||
12 | interactive communication, of a majority of a quorum of the | ||||||
13 | members of a
public body held for the purpose of discussing | ||||||
14 | public
business.
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15 | "Public body" includes all legislative, executive, | ||||||
16 | administrative or advisory
bodies of the State, counties, |
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1 | townships, cities, villages, incorporated
towns, school | ||||||
2 | districts and all other municipal corporations, boards, | ||||||
3 | bureaus,
committees or commissions of this State, and any | ||||||
4 | subsidiary bodies of any
of the foregoing including but not | ||||||
5 | limited to committees and subcommittees
which are supported in | ||||||
6 | whole or in part by tax revenue, or which expend tax
revenue, | ||||||
7 | except the General Assembly and committees or commissions | ||||||
8 | thereof.
"Public body" includes tourism boards and convention | ||||||
9 | or civic center
boards located in counties that are contiguous | ||||||
10 | to the Mississippi River with
populations of more than 250,000 | ||||||
11 | but less than 300,000. "Public body"
includes the Health | ||||||
12 | Facilities Planning Board. "Public body" does not
include a | ||||||
13 | child death review team ,
or the Illinois Child Death Review | ||||||
14 | Teams
Executive Council , or the Child Death Investigation Task | ||||||
15 | Force established under
the Child Death Review Team Act or an | ||||||
16 | ethics commission acting under the State Officials and
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17 | Employees Ethics Act.
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18 | (Source: P.A. 93-617, eff. 12-9-03; 94-1058, eff. 1-1-07.)
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19 | Section 3. The Freedom of Information Act is amended by | ||||||
20 | changing Section 2 as follows:
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21 | (5 ILCS 140/2) (from Ch. 116, par. 202)
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22 | Sec. 2. Definitions. As used in this Act:
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23 | (a) "Public body" means any legislative,
executive, | ||||||
24 | administrative, or advisory bodies of the State, state |
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1 | universities
and colleges, counties, townships, cities, | ||||||
2 | villages, incorporated towns,
school districts and all other | ||||||
3 | municipal corporations,
boards, bureaus, committees, or | ||||||
4 | commissions of this State, any
subsidiary
bodies of any of the | ||||||
5 | foregoing including but not limited to committees and
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6 | subcommittees which are supported in whole or in part by tax | ||||||
7 | revenue, or
which expend tax revenue, and a School Finance | ||||||
8 | Authority created under
Article 1E of the School Code.
"Public | ||||||
9 | body" does not include a child death review team ,
or the | ||||||
10 | Illinois Child Death Review Teams
Executive Council , or the | ||||||
11 | Child Death Investigation Task Force
established under
the | ||||||
12 | Child Death Review Team Act.
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13 | (b) "Person" means any individual, corporation, | ||||||
14 | partnership, firm,
organization
or association, acting | ||||||
15 | individually or as a group.
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16 | (c) "Public records" means all records, reports, forms, | ||||||
17 | writings, letters,
memoranda, books, papers, maps, | ||||||
18 | photographs, microfilms, cards, tapes,
recordings,
electronic | ||||||
19 | data processing records, recorded information and all other
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20 | documentary
materials, regardless of physical form or | ||||||
21 | characteristics, having been
prepared, or having been or being | ||||||
22 | used, received, possessed or under the
control
of
any public | ||||||
23 | body. "Public records" includes, but is expressly not limited
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24 | to: (i) administrative manuals, procedural rules, and | ||||||
25 | instructions to staff,
unless exempted by Section 7(p) of this | ||||||
26 | Act; (ii) final opinions and orders
made in the adjudication of |
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1 | cases, except an educational institution's
adjudication of
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2 | student or employee grievance or disciplinary cases; (iii) | ||||||
3 | substantive rules;
(iv) statements and
interpretations of | ||||||
4 | policy which have been adopted by a public body; (v)
final | ||||||
5 | planning policies, recommendations, and decisions; (vi) | ||||||
6 | factual reports,
inspection reports, and studies whether | ||||||
7 | prepared by or for the public body;
(vii) all information in | ||||||
8 | any account, voucher, or contract dealing with
the receipt or | ||||||
9 | expenditure of public or other funds of public bodies; (viii)
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10 | the names, salaries, titles, and dates of employment of all | ||||||
11 | employees and
officers of public bodies; (ix) materials | ||||||
12 | containing opinions concerning
the rights of the state, the | ||||||
13 | public, a subdivision of state or a local
government,
or of any | ||||||
14 | private persons; (x) the name of every official and the final
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15 | records of voting in all proceedings of public bodies; (xi) | ||||||
16 | applications
for any contract, permit, grant, or agreement | ||||||
17 | except as exempted from
disclosure
by subsection (g) of Section | ||||||
18 | 7 of this Act; (xii) each report, document,
study, or | ||||||
19 | publication prepared by independent consultants or other | ||||||
20 | independent
contractors for the public body; (xiii) all other | ||||||
21 | information required by
law to be made available for public | ||||||
22 | inspection or copying;
(xiv) information relating to any grant | ||||||
23 | or contract made by or between a
public body and another public | ||||||
24 | body or private organization; (xv)
waiver documents filed with | ||||||
25 | the State Superintendent of Education or the
president of the | ||||||
26 | University of Illinois under Section 30-12.5 of the School
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1 | Code, concerning nominees for
General Assembly scholarships | ||||||
2 | under
Sections 30-9, 30-10, and 30-11 of the School Code; (xvi)
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3 | complaints,
results of complaints, and Department of Children | ||||||
4 | and Family Services staff
findings of licensing violations at | ||||||
5 | day care facilities, provided that personal
and identifying | ||||||
6 | information is not released; and (xvii) records, reports,
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7 | forms, writings, letters, memoranda, books, papers, and other | ||||||
8 | documentary
information, regardless of physical form or | ||||||
9 | characteristics, having been
prepared, or having been or being | ||||||
10 | used, received, possessed, or under the
control of the Illinois | ||||||
11 | Sports Facilities Authority dealing with the receipt or
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12 | expenditure of public funds or other funds of the Authority in | ||||||
13 | connection with
the reconstruction, renovation, remodeling, | ||||||
14 | extension, or improvement of all or
substantially all of an | ||||||
15 | existing "facility" as that term is defined in the
Illinois | ||||||
16 | Sports Facilities Authority Act.
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17 | (d) "Copying" means the reproduction of any public record | ||||||
18 | by means of any
photographic, electronic, mechanical or other | ||||||
19 | process, device or means.
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20 | (e) "Head of the public body" means the president, mayor, | ||||||
21 | chairman,
presiding
officer, director, superintendent, | ||||||
22 | manager, supervisor or individual otherwise
holding primary | ||||||
23 | executive and administrative authority for the public
body, or | ||||||
24 | such person's duly authorized designee.
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25 | (f) "News media" means a newspaper or other periodical | ||||||
26 | issued at regular
intervals whether in print or electronic |
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1 | format, a news service whether
in print or electronic format, a | ||||||
2 | radio
station, a television station, a television network, a | ||||||
3 | community
antenna television service, or a person or | ||||||
4 | corporation engaged in making news
reels or other motion | ||||||
5 | picture news for public showing.
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6 | (Source: P.A. 91-935, eff. 6-1-01; 92-335, eff. 8-10-01; | ||||||
7 | 92-468, eff.
8-22-01; 92-547, eff. 6-13-02; 92-651, eff. | ||||||
8 | 7-11-02.)
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9 | Section 4. The Child Death Review Team Act is amended by | ||||||
10 | changing Sections 15, 20, 25, 30, 35, and 40 and by adding | ||||||
11 | Sections 45 and 50 as follows:
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12 | (20 ILCS 515/15)
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13 | Sec. 15. Child death review teams; establishment.
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14 | (a) The Executive Council
Director , in consultation with | ||||||
15 | the Executive Council, law
enforcement , and other
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16 | professionals who work in the field of investigating, treating, | ||||||
17 | or preventing
child abuse or neglect in that subregion, shall | ||||||
18 | appoint members to a child
death review
team in each of the | ||||||
19 | Department's administrative subregions of the State outside
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20 | Cook County and at least one child death review team in Cook | ||||||
21 | County. The
members of a team shall be appointed for 2-year | ||||||
22 | terms and
shall be eligible for reappointment upon the | ||||||
23 | expiration of the terms. The child death review teams shall be | ||||||
24 | independent of the operations of the Department and shall |
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1 | report to the Executive Council.
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2 | (b) Each child death review team shall consist of at least | ||||||
3 | one member from
each of the following categories:
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4 | (1) Pediatrician or other physician knowledgeable | ||||||
5 | about child abuse and
neglect.
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6 | (2) Representative of the Department.
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7 | (3) State's attorney or State's attorney's | ||||||
8 | representative.
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9 | (4) Representative of a local law enforcement agency.
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10 | (5) Psychologist or psychiatrist.
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11 | (6) Representative of a local health department.
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12 | (7) Representative of a school district or other | ||||||
13 | education or child care
interests.
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14 | (8) Coroner or forensic pathologist.
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15 | (9) Representative of a child welfare agency or child | ||||||
16 | advocacy
organization.
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17 | (10) Representative of a local hospital, trauma | ||||||
18 | center, or provider of
emergency medical services.
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19 | Each child death review team may make recommendations to | ||||||
20 | the Director
concerning additional appointments.
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21 | Each child death review team member must have demonstrated | ||||||
22 | experience and an
interest in investigating, treating, or | ||||||
23 | preventing child abuse or neglect.
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24 | (c) Each child death review team shall select a chairperson | ||||||
25 | from among its
members.
The chairperson shall also serve on the | ||||||
26 | Illinois Child Death Review Teams
Executive
Council.
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1 | (d) The Executive Council shall appoint a Child Death | ||||||
2 | Review Teams Executive Director who shall oversee the operation | ||||||
3 | of the child death review teams and shall report directly to | ||||||
4 | the Executive Council. The Executive Director, with the | ||||||
5 | approval of the Executive Council, shall appoint a Child Death | ||||||
6 | Review Teams Assistant Director, who shall report to the | ||||||
7 | Executive Director. The Executive Director, with the approval | ||||||
8 | of the Executive Council, shall employ staff as necessary and | ||||||
9 | appropriate to enable the child death review teams to perform | ||||||
10 | their functions as required under this Act. The staff shall | ||||||
11 | include a Department Senior Public Service Administrator, a | ||||||
12 | liaison to coordinate activities between the child death review | ||||||
13 | teams and the Department, and clerical and other support staff | ||||||
14 | as necessary. The liaison and the clerical and other support | ||||||
15 | staff shall not be employees of the Department. | ||||||
16 | (e) The child death review teams shall be funded under a | ||||||
17 | separate line item in the Department's annual budget.
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18 | (Source: P.A. 92-468, eff. 8-22-01.)"; and
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19 | on page 1, by replacing line 21 with the following: | ||||||
20 | "or neglect and investigated by the Child Death Investigation | ||||||
21 | Task Force established under Section 45
which report is | ||||||
22 | subsequently indicated ."; and | ||||||
23 | on page 4, after line 3, by inserting the following:
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1 | "(20 ILCS 515/25)
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2 | Sec. 25. Team access to information.
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3 | (a) The Department shall provide to a child death review | ||||||
4 | team, on the
request of the team chairperson, and to the Child | ||||||
5 | Death Investigation Task Force, on the request of the Deputy | ||||||
6 | Director in charge of the Task Force, all records and | ||||||
7 | information in the
Department's
possession that are relevant to | ||||||
8 | the team's or Task Force's review or investigation of a child | ||||||
9 | death or serious, life-threatening injury , including
records | ||||||
10 | and information concerning previous reports or investigations | ||||||
11 | of
suspected child abuse or neglect.
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12 | (b) A child death review team and the Child Death | ||||||
13 | Investigation Task Force shall have access to all records and
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14 | information that are relevant to its review or investigation of | ||||||
15 | a child death or serious, life-threatening injury
and in the
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16 | possession of a State or local governmental agency. These | ||||||
17 | records and
information include, without limitation, birth | ||||||
18 | certificates, all relevant
medical and mental health records, | ||||||
19 | records of law
enforcement agency investigations, records of | ||||||
20 | coroner or medical examiner
investigations, records of the | ||||||
21 | Department of Corrections concerning a person's
parole, | ||||||
22 | records of a probation and court services department, and | ||||||
23 | records of a
social services agency that provided services
to | ||||||
24 | the child or the child's family.
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25 | (Source: P.A. 91-812, eff. 6-13-00.)
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1 | (20 ILCS 515/30)
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2 | Sec. 30. Public access to information.
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3 | (a) Meetings of the child death review teams ,
and the | ||||||
4 | Executive
Council , and the Child Death Investigation Task Force
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5 | shall be closed to the public.
Meetings of the child death | ||||||
6 | review teams ,
and the Executive Council , and the Child Death | ||||||
7 | Investigation Task Force are
not subject to the Open Meetings | ||||||
8 | Act
(5 ILCS 120), as provided in that Act.
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9 | (b) Records and information provided to a child death | ||||||
10 | review team ,
and the
Executive Council, and the Child Death | ||||||
11 | Investigation Task Force, and
records maintained by a team ,
or
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12 | the Executive Council, or the Child Death Investigation Task | ||||||
13 | Force, are confidential and
not subject to the Freedom
of | ||||||
14 | Information Act (5 ILCS 140), as provided in that Act.
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15 | Nothing contained in this subsection (b) prevents the | ||||||
16 | sharing or disclosure
of records, other than those produced by | ||||||
17 | a Child Death Review Team ,
or the
Executive Council, or the | ||||||
18 | Child Death Investigation Task Force, relating or
pertaining to | ||||||
19 | the death of a minor under the care of or
receiving services | ||||||
20 | from the Department of Children and Family Services and
under | ||||||
21 | the jurisdiction of the juvenile court with the juvenile court, | ||||||
22 | the
State's Attorney, and the minor's attorney.
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23 | (c) Members of a child death review team ,
and the Executive | ||||||
24 | Council , and the Child Death Investigation Task Force
are not | ||||||
25 | subject to examination, in any civil or criminal
proceeding, | ||||||
26 | concerning information presented to members of the team ,
or the
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1 | Executive Council , or the Task Force or opinions
formed by | ||||||
2 | members of the team ,
or the Executive Council , or the Task | ||||||
3 | Force based on that
information. A person may,
however, be | ||||||
4 | examined concerning information provided to a child death | ||||||
5 | review
team ,
or the Executive Council , or the Task Force that | ||||||
6 | is otherwise available to the public.
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7 | (d) Records and information produced by a child death | ||||||
8 | review team ,
and the
Executive Council , and the Child Death | ||||||
9 | Investigation Task Force are
not subject to discovery or | ||||||
10 | subpoena and are not admissible as evidence in any
civil or | ||||||
11 | criminal proceeding. Those records
and information are, | ||||||
12 | however, subject to discovery or a subpoena, and are
admissible | ||||||
13 | as evidence, to the extent they are otherwise available to the
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14 | public.
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15 | (Source: P.A. 92-468, eff. 8-22-01)
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16 | (20 ILCS 515/35)
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17 | Sec. 35. Indemnification. The State shall indemnify and | ||||||
18 | hold harmless
members of a child death
review team ,
and the | ||||||
19 | Executive Council , and the Child Death Investigation Task Force
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20 | for all their acts, omissions,
decisions, or other conduct | ||||||
21 | arising
out of the scope of their service on the team ,
or
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22 | Executive Council, or Task Force, except
those involving | ||||||
23 | willful
or wanton misconduct. The method of providing | ||||||
24 | indemnification shall be as
provided in the State Employee | ||||||
25 | Indemnification Act (5 ILCS 350/1 et seq.).
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1 | (Source: P.A. 92-468, eff. 8-22-01.)"; and
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2 | on page 7, after line 14, by inserting the following: | ||||||
3 | "(20 ILCS 515/45 new) | ||||||
4 | Sec. 45. Child Death Investigation Task Force; pilot | ||||||
5 | program. | ||||||
6 | (a) The Child Death Investigation Task Force is established | ||||||
7 | as a 3-year pilot program in the Department's Southern | ||||||
8 | Administrative Region of the State. The Task Force shall | ||||||
9 | include pathologists, crime scene experts, crime scene | ||||||
10 | investigators, law enforcement investigators, social workers, | ||||||
11 | psychologists, and pediatricians appointed by the Child Death | ||||||
12 | Review Teams Executive Director and approved by the Executive | ||||||
13 | Council. The Task Force shall be under the direction of a | ||||||
14 | Deputy Director appointed by the Child Death Review Teams | ||||||
15 | Executive Director. The Task Force's office shall be in a | ||||||
16 | location other than a Department office. The Task Force shall | ||||||
17 | be independent of the operations of the Department. | ||||||
18 | (b) A member of the Task Force who is an investigator has | ||||||
19 | the same authority to arrest and hold a person in custody as | ||||||
20 | peace officers of this State have to arrest and hold a person | ||||||
21 | in custody on the ground that the person has committed an | ||||||
22 | offense in this State. Every such investigator member of the | ||||||
23 | Task Force must successfully complete training approved by the | ||||||
24 | Illinois Law Enforcement Training Standards Board. Every such |
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1 | investigator member of the Task Force shall be issued a badge | ||||||
2 | and other appropriate identification. | ||||||
3 | (c) The Task Force shall investigate every death of a child | ||||||
4 | under 18 years of age occurring within the region of its | ||||||
5 | jurisdiction and every serious, life-threatening injury of a | ||||||
6 | child under 18 years of age occurring within that region. A | ||||||
7 | local or State law enforcement agency, hospital, or coroner | ||||||
8 | shall promptly notify the Task Force of a death or serious, | ||||||
9 | life-threatening injury to a child under 18 years of age. | ||||||
10 | Within 10 days after concluding an inquest into the death of a | ||||||
11 | child under 18 years of age, a coroner shall submit to the Task | ||||||
12 | Force the death certificate and autopsy report concerning that | ||||||
13 | death. The Task Force shall also investigate any second or | ||||||
14 | subsequent report of alleged child abuse or neglect involving | ||||||
15 | the same child or household. The Task Force may review and | ||||||
16 | reopen any case involving a Department finding concerning a | ||||||
17 | report of suspected child abuse or neglect. | ||||||
18 | The Deputy Director in charge of the Task Force has the | ||||||
19 | authority to issue subpoenas to obtain testimony or records | ||||||
20 | necessary to enable the Task Force to conduct an investigation. | ||||||
21 | The Task Force may request from the Department all records in | ||||||
22 | the Department's possession relating to a case under | ||||||
23 | investigation by the Task Force, including all records relating | ||||||
24 | to any prior allegation of child abuse or neglect involving the | ||||||
25 | same child or household. | ||||||
26 | (d) Upon completing an investigation, the Deputy Director |
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1 | in charge of the Task Force shall submit a report containing | ||||||
2 | findings and recommendations to the Executive Council, the | ||||||
3 | Director of Children and Family Services, the Inspector General | ||||||
4 | appointed under Section 35.5 of the Children and Family | ||||||
5 | Services Act, the appropriate State's Attorney, and the State | ||||||
6 | Representative and State Senator in whose legislative | ||||||
7 | districts the case arose. The Task Force's report to the | ||||||
8 | Inspector General shall include, when appropriate, findings as | ||||||
9 | to whether the Department's policies and procedures were | ||||||
10 | followed by Department staff in conducting an investigation of | ||||||
11 | a report of suspected child abuse or neglect and other findings | ||||||
12 | concerning the conduct of Department staff. The Task Force may | ||||||
13 | recommend disciplinary action in appropriate cases. | ||||||
14 | (e) Not later than 6 months before the conclusion of the | ||||||
15 | pilot program established under this Section, the Deputy | ||||||
16 | Director in charge of the Task Force shall submit to the | ||||||
17 | General Assembly and the Governor a report summarizing the | ||||||
18 | activities of the Task Force and making recommendations as to | ||||||
19 | whether the Task Force's activities should be expanded to | ||||||
20 | additional regions of the State. | ||||||
21 | (f) The Child Death Investigation Task Force shall be | ||||||
22 | funded under a separate line item in the Department's annual | ||||||
23 | budget. | ||||||
24 | (20 ILCS 515/50 new)
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25 | Sec. 50. Training. |
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1 | (a) The child death review teams, in conjunction with the | ||||||
2 | Child Death Investigation Task Force, shall conduct an annual | ||||||
3 | symposium for the purpose of providing education and training | ||||||
4 | for review team and Task Force members as well as Department | ||||||
5 | staff. | ||||||
6 | (b) The Child Death Investigation Task Force shall conduct | ||||||
7 | quarterly training for Department field staff, supervisors, | ||||||
8 | and managers. ".
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