Sen. James F. Clayborne Jr.
Filed: 5/24/2007
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1 | AMENDMENT TO HOUSE BILL 617
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2 | AMENDMENT NO. ______. Amend House Bill 617 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Children and Family Services Act is amended | ||||||
5 | by changing Section 35.5 and by adding Section 35.7 as follows:
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6 | (20 ILCS 505/35.5)
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7 | Sec. 35.5. Inspector General.
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8 | (a) The Governor shall appoint, and the Senate shall | ||||||
9 | confirm, an Inspector
General who shall
have the authority to | ||||||
10 | conduct investigations into allegations of or incidents
of | ||||||
11 | possible misconduct, misfeasance, malfeasance, or violations | ||||||
12 | of rules,
procedures, or laws by any employee, foster parent, | ||||||
13 | service provider, or
contractor of the Department of Children | ||||||
14 | and Family Services. The Inspector
General shall make | ||||||
15 | recommendations
to the Director of Children and Family Services | ||||||
16 | concerning sanctions or
disciplinary actions against |
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1 | Department
employees or providers of service under contract to | ||||||
2 | the Department. The Director of Children and Family Services | ||||||
3 | shall provide the Inspector General with an implementation | ||||||
4 | report on the status of any corrective actions taken on | ||||||
5 | recommendations under review and shall continue sending | ||||||
6 | updated reports until the corrective action is completed. The | ||||||
7 | Director shall provide a written response to the Inspector | ||||||
8 | General indicating the status of any sanctions or disciplinary | ||||||
9 | actions against employees or providers of service involving any | ||||||
10 | investigation subject to review. In any case, information | ||||||
11 | included in the reports to the Inspector General and Department | ||||||
12 | responses shall be subject to the public disclosure | ||||||
13 | requirements of the Abused and Neglected Child Reporting Act.
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14 | Any
investigation
conducted by the Inspector General shall be | ||||||
15 | independent and separate from the
investigation mandated by the | ||||||
16 | Abused and Neglected Child Reporting Act. The
Inspector General | ||||||
17 | shall be appointed for a term of 4 years. The Inspector
General | ||||||
18 | shall function independently within the Department of Children | ||||||
19 | and Family Services with respect to
be independent of the | ||||||
20 | operations of the Office of Inspector General, including the | ||||||
21 | performance of investigations and issuance of findings and | ||||||
22 | recommendations,
Department and shall
report to the Director of | ||||||
23 | Children and Family Services and the Governor and
perform other
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24 | duties the Director may designate. The Inspector General shall | ||||||
25 | adopt rules
as necessary to carry out the
functions, purposes, | ||||||
26 | and duties of the office of Inspector General in the
Department |
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1 | of Children and Family Services, in accordance with the | ||||||
2 | Illinois
Administrative Procedure Act and any other applicable | ||||||
3 | law.
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4 | (b) The Inspector
General shall have access to all | ||||||
5 | information and personnel necessary to perform
the duties of | ||||||
6 | the office. To minimize duplication of efforts, and to assure
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7 | consistency and conformance with the requirements and | ||||||
8 | procedures established in
the B.H. v. Suter consent decree and | ||||||
9 | to share resources
when appropriate, the Inspector General | ||||||
10 | shall coordinate his or her
activities with the Bureau of | ||||||
11 | Quality Assurance within the Department.
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12 | (c) The Inspector General shall be the primary liaison | ||||||
13 | between the
Department and the Department of State Police with | ||||||
14 | regard to investigations
conducted under the Inspector | ||||||
15 | General's auspices.
If the Inspector General determines that a | ||||||
16 | possible criminal act
has been committed,
or that special | ||||||
17 | expertise is required in the investigation, he or she shall
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18 | immediately notify the Department of State Police.
All | ||||||
19 | investigations conducted by the Inspector General shall be
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20 | conducted in a manner designed to ensure the preservation of | ||||||
21 | evidence for
possible use in a criminal prosecution.
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22 | (d) The Inspector General may recommend to the Department | ||||||
23 | of Children and
Family Services, the Department of Public | ||||||
24 | Health, or any other appropriate
agency, sanctions to be | ||||||
25 | imposed against service providers under the
jurisdiction of or | ||||||
26 | under contract with the Department for the protection of
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1 | children in the custody or under the guardianship of the | ||||||
2 | Department who
received services from those providers. The | ||||||
3 | Inspector General may seek the
assistance of the Attorney | ||||||
4 | General or any of the several State's Attorneys in
imposing | ||||||
5 | sanctions.
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6 | (e) The Inspector General shall at all times be granted | ||||||
7 | access to any foster
home, facility, or program operated for or | ||||||
8 | licensed or funded by the
Department.
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9 | (f) Nothing in this Section shall limit investigations by | ||||||
10 | the Department of
Children and Family Services that may | ||||||
11 | otherwise be required by law or that may
be necessary in that | ||||||
12 | Department's capacity as the central administrative
authority | ||||||
13 | for child welfare.
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14 | (g) The Inspector General shall have the power to subpoena | ||||||
15 | witnesses and
compel the production of books and papers | ||||||
16 | pertinent to an investigation
authorized by this Act. The power | ||||||
17 | to subpoena or to compel the
production of books and papers, | ||||||
18 | however, shall not extend to the person or
documents of a
labor | ||||||
19 | organization or its representatives insofar as the person or | ||||||
20 | documents of
a labor organization relate to the function of | ||||||
21 | representing an employee subject
to investigation under this | ||||||
22 | Act. Any person who fails to appear in response to
a subpoena | ||||||
23 | or to answer any question or produce any books or papers | ||||||
24 | pertinent
to an investigation under this Act, except as | ||||||
25 | otherwise provided in this
Section, or who knowingly gives | ||||||
26 | false testimony in relation to an investigation
under this Act |
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1 | is guilty of a Class A misdemeanor.
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2 | (h) The Inspector General shall provide to the General | ||||||
3 | Assembly and the
Governor, no later than January 1 of each | ||||||
4 | year, a summary of reports and
investigations made under this | ||||||
5 | Section for the prior fiscal year. The
summaries shall detail | ||||||
6 | the imposition of sanctions and the final disposition
of those | ||||||
7 | recommendations. The summaries shall not contain any | ||||||
8 | confidential or
identifying information concerning the | ||||||
9 | subjects of the reports and
investigations. The summaries also | ||||||
10 | shall include detailed recommended
administrative actions and | ||||||
11 | matters for consideration by the General Assembly.
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12 | (Source: P.A. 90-512, eff. 8-22-97.)
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13 | (20 ILCS 505/35.7 new)
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14 | Sec. 35.7. Error Reduction Implementations Plans; | ||||||
15 | Inspector General. | ||||||
16 | (a) The Inspector General of the Department of Children and | ||||||
17 | Family Services shall develop Error Reduction Implementation | ||||||
18 | Plans, as necessary, to remedy patterns of errors or | ||||||
19 | problematic practices that compromise or threaten the safety of | ||||||
20 | children as identified in DCFS Office of Inspector General | ||||||
21 | (OIG) death or serious injury investigations and Child Death | ||||||
22 | Review Teams recommendations. The Error Reduction | ||||||
23 | Implementation Plans shall include both training and on-site | ||||||
24 | components. The Inspector General shall submit proposed Error | ||||||
25 | Reduction Implementation Plans to the Director for review. The |
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1 | Director may approve the plans submitted, or approve plans | ||||||
2 | amended by the Office of the Inspector General. The Director | ||||||
3 | shall document the basis for disapproval of any submitted or | ||||||
4 | amended plan. The Department shall deploy Error Reduction | ||||||
5 | Safety Teams to implement the Error Reduction Implementation | ||||||
6 | Plans. The Error Reduction Safety Teams shall be composed of | ||||||
7 | Quality Assurance and Division of Training staff to implement | ||||||
8 | hands-on training and Error Reduction Implementation Plans. | ||||||
9 | The teams shall work in the offices of the Department or of | ||||||
10 | agencies, or both, as required by the Error Reduction | ||||||
11 | Implementation Plans, and shall work to ensure that systems are | ||||||
12 | in place to continue reform efforts after the departure of the | ||||||
13 | teams. The Director shall develop a method to ensure consistent | ||||||
14 | compliance with any Error Reduction Implementation Plans, the | ||||||
15 | provisions of which shall be incorporated into the plan. | ||||||
16 | (b) Quality Assurance shall prepare public reports | ||||||
17 | annually detailing the following: the substance of any Error | ||||||
18 | Reduction Implementation Plan approved; any deviations from | ||||||
19 | the Error Reduction Plan; whether adequate staff was available | ||||||
20 | to perform functions necessary to the Error Reduction | ||||||
21 | Implementation Plan, including identification and reporting of | ||||||
22 | any staff needs; other problems noted or barriers to | ||||||
23 | implementing the Error Reduction Implementation Plan; and | ||||||
24 | recommendations for additional training, amendments to rules | ||||||
25 | and procedures, or other systemic reform identified by the | ||||||
26 | teams. |
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1 | (c) The Error Reduction Teams shall implement training and | ||||||
2 | reform protocols through incubating change in each region, | ||||||
3 | Department office, or purchase of service office, as required. | ||||||
4 | The teams shall administer hands-on assistance, supervision, | ||||||
5 | and management while ensuring that the office, region, or | ||||||
6 | agency develops the skills and systems necessary to incorporate | ||||||
7 | changes on a permanent basis. For each Error Reduction | ||||||
8 | Implementation Plan, the Team shall determine whether adequate | ||||||
9 | staff is available to fulfill the Error Reduction | ||||||
10 | Implementation Plan, provide case-by-case supervision to | ||||||
11 | ensure that the plan is implemented, and ensure that management | ||||||
12 | puts systems in place to enable the reforms to continue. | ||||||
13 | (d) The OIG shall develop and submit new Error Reduction | ||||||
14 | Implementation Plans as necessary. To implement each Error | ||||||
15 | Reduction Implementation Plan, as approved by the Director, the | ||||||
16 | OIG shall work with Quality Assurance members of the Error | ||||||
17 | Reduction Teams designated by the Department. The teams shall | ||||||
18 | be comprised of staff from Quality Assurance and Training. | ||||||
19 | Training shall work with the OIG and with the child death | ||||||
20 | review teams to develop a curriculum to address errors | ||||||
21 | identified that compromise the safety of children. Following | ||||||
22 | the training roll-out, the Teams shall work on-site in | ||||||
23 | identified offices. The Teams shall review and supervise all | ||||||
24 | work relevant to the Error Reduction Implementation Plan. | ||||||
25 | Quality Assurance shall identify outcome measures and track | ||||||
26 | compliance with the training curriculum. Each quarter, Quality |
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1 | Assurance shall prepare a report detailing compliance with the | ||||||
2 | Error Reduction Implementation Plan and alert the Director to | ||||||
3 | staffing needs or other needs to accomplish the goals of the | ||||||
4 | Error Reduction Implementation Plan. The report shall be | ||||||
5 | transmitted to the Director, the OIG, and all management staff | ||||||
6 | involved in the Error Reduction Implementation Plan. | ||||||
7 | (e) The Director shall review quarterly Quality Assurance | ||||||
8 | reports and determine adherence to the Error Reduction | ||||||
9 | Implementation Plan using criteria and standards developed by | ||||||
10 | the Department.
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11 | Section 10. The Child Death Review Team Act is amended by | ||||||
12 | changing Sections 15, 20, 25, and 40 and by adding Section 45 | ||||||
13 | as follows:
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14 | (20 ILCS 515/15)
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15 | Sec. 15. Child death review teams; establishment.
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16 | (a) The Director, in consultation with the Executive | ||||||
17 | Council, law
enforcement, and other
professionals who work in | ||||||
18 | the field of investigating, treating, or preventing
child abuse | ||||||
19 | or neglect in that subregion, shall appoint members to a child
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20 | death review
team in each of the Department's administrative | ||||||
21 | subregions of the State outside
Cook County and at least one | ||||||
22 | child death review team in Cook County. The
members of a team | ||||||
23 | shall be appointed for 2-year terms and
shall be eligible for | ||||||
24 | reappointment upon the expiration of the terms. The Director |
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1 | must fill any vacancy in a team within 60 days after that | ||||||
2 | vacancy occurs.
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3 | (b) Each child death review team shall consist of at least | ||||||
4 | one member from
each of the following categories:
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5 | (1) Pediatrician or other physician knowledgeable | ||||||
6 | about child abuse and
neglect.
| ||||||
7 | (2) Representative of the Department.
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8 | (3) State's attorney or State's attorney's | ||||||
9 | representative.
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10 | (4) Representative of a local law enforcement agency.
| ||||||
11 | (5) Psychologist or psychiatrist.
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12 | (6) Representative of a local health department.
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13 | (7) Representative of a school district or other | ||||||
14 | education or child care
interests.
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15 | (8) Coroner or forensic pathologist.
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16 | (9) Representative of a child welfare agency or child | ||||||
17 | advocacy
organization.
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18 | (10) Representative of a local hospital, trauma | ||||||
19 | center, or provider of
emergency medical services.
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20 | (11) Representative of the Department of State Police.
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21 | Each child death review team may make recommendations to | ||||||
22 | the Director
concerning additional appointments.
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23 | Each child death review team member must have demonstrated | ||||||
24 | experience and an
interest in investigating, treating, or | ||||||
25 | preventing child abuse or neglect.
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26 | (c) Each child death review team shall select a chairperson |
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1 | from among its
members.
The chairperson shall also serve on the | ||||||
2 | Illinois Child Death Review Teams
Executive
Council. | ||||||
3 | (d) The child death review teams shall be funded under a | ||||||
4 | separate line item in the Department's annual budget.
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5 | (Source: P.A. 92-468, eff. 8-22-01.)
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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:
| ||||||
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 , and | ||||||
24 | cases of serious or fatal injuries to a child identified under | ||||||
25 | the Child Advocacy Center Act .
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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). The Director shall implement recommendations as feasible | ||||||
5 | and
appropriate and shall respond in writing to explain the | ||||||
6 | implementation or
nonimplementation of the recommendations.
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7 | (Source: P.A. 90-239, eff. 7-28-97; 90-608, eff. 6-30-98.)
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8 | (20 ILCS 515/25)
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9 | Sec. 25. Team access to information.
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10 | (a) The Department shall provide to a child death review | ||||||
11 | team, on the
request of the team chairperson, all records and | ||||||
12 | information in the
Department's
possession that are relevant to | ||||||
13 | the team's review of a child death, including
records and | ||||||
14 | information concerning previous reports or investigations of
| ||||||
15 | suspected child abuse or neglect.
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16 | (b) A child death review team shall have access to all | ||||||
17 | records and
information that are relevant to its review of a | ||||||
18 | child death
and in the
possession of a State or local | ||||||
19 | governmental agency , including, but not limited to, | ||||||
20 | information gained through the Child Advocacy Center protocol | ||||||
21 | for cases of serious or fatal injury to a child . These records | ||||||
22 | and
information include, without limitation, birth | ||||||
23 | certificates, all relevant
medical and mental health records, | ||||||
24 | records of law
enforcement agency investigations, records of | ||||||
25 | coroner or medical examiner
investigations, records of the |
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1 | Department of Corrections concerning a person's
parole, | ||||||
2 | records of a probation and court services department, and | ||||||
3 | records of a
social services agency that provided services
to | ||||||
4 | the child or the child's family.
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5 | (Source: P.A. 91-812, eff. 6-13-00.)
| ||||||
6 | (20 ILCS 515/40)
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7 | Sec. 40. Illinois Child Death Review Teams Executive | ||||||
8 | Council.
| ||||||
9 | (a) The Illinois Child Death Review Teams Executive | ||||||
10 | Council, consisting of
the
chairpersons of the 9 child death | ||||||
11 | review teams in Illinois, is the coordinating
and
oversight | ||||||
12 | body for child death review teams and activities in Illinois. | ||||||
13 | The
vice-chairperson of a child death review team, as | ||||||
14 | designated by the
chairperson, may
serve
as a back-up member or | ||||||
15 | an alternate member of the Executive Council, if the
| ||||||
16 | chairperson of the child death review team is unavailable to | ||||||
17 | serve on the
Executive Council. The Inspector General of the | ||||||
18 | Department, ex officio, is a
non-voting member of the Executive | ||||||
19 | Council. The Director may
appoint to the Executive Council any
| ||||||
20 | ex-officio members deemed necessary. Persons with
expertise | ||||||
21 | needed by the Executive Council may be invited to meetings. The
| ||||||
22 | Executive Council must select from its members a chairperson | ||||||
23 | and a
vice-chairperson, each
to serve a 2-year, renewable term.
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24 | The Executive Council must meet at least 4 times during | ||||||
25 | each calendar year.
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1 | (b) The Department must provide or arrange for the staff | ||||||
2 | support necessary
for the
Executive Council to carry out its | ||||||
3 | duties.
The Director, in cooperation and consultation with the | ||||||
4 | Executive Council, shall
appoint, reappoint, and remove team | ||||||
5 | members. From funds available, the Director may select from a | ||||||
6 | list of 2 or more candidates recommended by the Executive | ||||||
7 | Council to serve as the Child Death Review Teams Executive | ||||||
8 | Director. The Child Death Review Teams Executive Director shall | ||||||
9 | oversee the operations of the child death review teams and | ||||||
10 | shall report directly to the Executive Council.
| ||||||
11 | (c) The Executive Council has, but is not limited to, the | ||||||
12 | following duties:
| ||||||
13 | (1) To serve as the voice of child death review teams | ||||||
14 | in Illinois.
| ||||||
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.
| ||||||
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
| ||||||
21 | statutes in order to protect children in a timely manner.
| ||||||
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.
| ||||||
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.
| ||||||
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.
| ||||||
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.
| ||||||
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.
| ||||||
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.
| ||||||
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.
| ||||||
17 | (d) In any instance when a child death review team does not | ||||||
18 | operate in
accordance with
established protocol, the Director, | ||||||
19 | in consultation and cooperation
with the Executive Council,
| ||||||
20 | must take any necessary actions to bring the team into | ||||||
21 | compliance
with the
protocol.
| ||||||
22 | (Source: P.A. 92-468, eff. 8-22-01.)
| ||||||
23 | (20 ILCS 515/45 new)
| ||||||
24 | Sec. 45. Child Death Investigation Task Force; pilot | ||||||
25 | program. The Child Death Review Teams Executive Council may, |
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| |||||||
1 | from funds appropriated by the Illinois General Assembly to the | ||||||
2 | Department and provided to the Child Death Review Teams | ||||||
3 | Executive Council for this purpose, or from funds that may | ||||||
4 | otherwise be provided for this purpose from other public or | ||||||
5 | private sources, establish a 3-year a pilot program in the | ||||||
6 | Southern Region of the State, as designated by the Department, | ||||||
7 | under which a special Child Death Investigation Task Force will | ||||||
8 | be created by the Child Death Review Teams Executive Council to | ||||||
9 | develop and implement a plan for the investigation of sudden, | ||||||
10 | unexpected, or unexplained deaths of children under 18 years of | ||||||
11 | age occurring within that region. The plan shall include a | ||||||
12 | protocol to be followed by child death review teams in the | ||||||
13 | review of child deaths authorized under paragraph (a)(5) of | ||||||
14 | Section 20 of this Act. The plan must include provisions for | ||||||
15 | local or State law enforcement agencies, hospitals, or coroners | ||||||
16 | to promptly notify the Task Force of a death or serious | ||||||
17 | life-threatening injury to a child, and for the Child Death | ||||||
18 | Investigation Task Force to review the death and submit a | ||||||
19 | report containing findings and recommendations to the Child | ||||||
20 | Death Review Teams Executive Council, the Director, the | ||||||
21 | Department of Children and Family Services Inspector General, | ||||||
22 | the appropriate States Attorney, and the State Representative | ||||||
23 | and State Senator in whose legislative districts the case | ||||||
24 | arose. The plan may include coordination with any investigation | ||||||
25 | conducted under the Children's Advocacy Center Act. By January | ||||||
26 | 1, 2010, the Child Death Review Teams Executive Council shall |
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| |||||||
1 | submit a report to the Director, the General Assembly, and the | ||||||
2 | Governor summarizing the results of the pilot program together | ||||||
3 | with any recommendations for statewide implementation of a | ||||||
4 | protocol for the investigating all sudden, unexpected, or | ||||||
5 | unexplained child deaths. | ||||||
6 | Section 15. The Children's Advocacy Center Act is amended | ||||||
7 | by changing Sections 3 and 4 as follows:
| ||||||
8 | (55 ILCS 80/3) (from Ch. 23, par. 1803)
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9 | Sec. 3. Child Advocacy Advisory Board.
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10 | (a) Each county in the State of Illinois shall establish a | ||||||
11 | Child Advocacy
Advisory Board ("Advisory Board").
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12 | Each of the following county officers or State agencies | ||||||
13 | shall designate a
representative to serve on the Advisory | ||||||
14 | Board: the sheriff,
the Illinois Department of Children and | ||||||
15 | Family Services,
the State's attorney ,
and the county mental | ||||||
16 | health department , and the Department of State Police .
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17 | The chairman may appoint additional members of the Advisory | ||||||
18 | Board as is
deemed necessary to accomplish the purposes of this | ||||||
19 | Act, the additional
members to include but not be limited to | ||||||
20 | representatives of local law
enforcement agencies , and the | ||||||
21 | Circuit Courts .
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22 | (b) The Advisory Board shall organize itself and elect from | ||||||
23 | among its
members a chairman and such other officers as are | ||||||
24 | deemed necessary. Until a
chairman is so elected, the State's |
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1 | attorney shall serve as interim
chairman.
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2 | (c) The Advisory Board shall adopt, by a majority of the | ||||||
3 | members, a
written child sexual abuse protocol within one year | ||||||
4 | after the effective
date of this Act.
An Advisory Board | ||||||
5 | adopting a protocol after the effective date of this
amendatory | ||||||
6 | Act of 1996 shall, prior to finalization, submit its draft to | ||||||
7 | the
Illinois Child Advocacy Commission for review and comments. | ||||||
8 | After considering
the comments of the Illinois Child Advocacy | ||||||
9 | Commission and upon finalization of
its protocol, the Advisory | ||||||
10 | Board shall file the protocol with the Department of
Children | ||||||
11 | and Family Services.
A copy shall be furnished
to the Illinois | ||||||
12 | Child Advocacy Commission and to each agency in the county
or | ||||||
13 | counties which has any involvement with the
cases of sexually | ||||||
14 | abused children.
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15 | The Illinois Child Advocacy Commission shall consist of the | ||||||
16 | Attorney
General and the Directors of the Illinois State Police | ||||||
17 | and the Department of
Children and Family Services or their | ||||||
18 | designees. Additional members may be
appointed to the Illinois | ||||||
19 | Child Advocacy Commission as deemed necessary by the
Attorney | ||||||
20 | General and the Directors of the Illinois State Police and the
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21 | Department of Children and Family Services. The Illinois Child | ||||||
22 | Advocacy
Commission may also provide technical assistance and | ||||||
23 | guidance to the Advisory
Boards.
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24 | (d) The purpose of the protocol shall be to ensure | ||||||
25 | coordination
and cooperation among all agencies involved in | ||||||
26 | child sexual abuse cases
so as to increase the efficiency and |
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1 | effectiveness of those agencies,
to minimize the stress created | ||||||
2 | for the child and his or her family by the
investigatory and | ||||||
3 | judicial process, and to ensure that more effective
treatment | ||||||
4 | is provided for the child and his or her family.
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5 | (e) The protocol shall be a written document outlining in | ||||||
6 | detail the
procedures to be used in investigating and | ||||||
7 | prosecuting cases arising from
alleged child sexual abuse and | ||||||
8 | in coordinating treatment referrals for the
child and his or | ||||||
9 | her family. In preparing the written protocol, the Advisory
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10 | Board shall consider the following:
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11 | (1) An interdisciplinary, coordinated systems approach | ||||||
12 | to the
investigation of child sexual abuse which shall | ||||||
13 | include, at a minimum;
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14 | (i) an interagency notification procedure;
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15 | (ii) a dispute resolution process between the | ||||||
16 | involved agencies when a
conflict arises on how to | ||||||
17 | proceed with the investigation of a case;
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18 | (iii) a policy on interagency decision-making; and
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19 | (iv) a description of the role each agency has in | ||||||
20 | the investigation of
the case;
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21 | (2) A safe, separate space with assigned personnel | ||||||
22 | designated for the
investigation and coordination of child | ||||||
23 | sexual abuse cases;
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24 | (3) An interdisciplinary case review process for | ||||||
25 | purposes of
decision-making, problem solving, systems | ||||||
26 | coordination, and information
sharing;
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1 | (4) A comprehensive tracking system to receive and | ||||||
2 | coordinate information
concerning child sexual abuse cases | ||||||
3 | from each participating agency;
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4 | (5) Interdisciplinary specialized training for all | ||||||
5 | professionals
involved with the victims and families of | ||||||
6 | child sexual abuse cases;
and
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7 | (6) A process for evaluating the implementation and | ||||||
8 | effectiveness of the
protocol.
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9 | (f) The Advisory Board shall evaluate the implementation | ||||||
10 | and
effectiveness of the protocol required under subsection (c) | ||||||
11 | of this Section on
an annual basis, and shall propose | ||||||
12 | appropriate modifications to the protocol to
maximize its | ||||||
13 | effectiveness. A report of the Advisory Board's review, along
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14 | with proposed modifications, shall be submitted to the Illinois | ||||||
15 | Child Advocacy
Commission for its review and comments. After | ||||||
16 | considering the comments of the
Illinois Child Advocacy | ||||||
17 | Commission and adopting modifications, the Advisory
Board | ||||||
18 | shall file its amended protocol with the
Department of Children | ||||||
19 | and Family Services. A copy of the Advisory Board's
review and | ||||||
20 | amended protocol shall be furnished to the Illinois Child | ||||||
21 | Advocacy
Commission and to each agency in the county or | ||||||
22 | counties having any involvement
with the cases covered by the | ||||||
23 | protocol.
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24 | (g) The Advisory Board shall
may adopt, by a majority of | ||||||
25 | the members, a written
protocol for coordinating cases of
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26 | serious or fatal injury to a child physical abuse cases , |
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1 | following the
procedures and purposes described in subsections | ||||||
2 | (c), (d), (e), and (f) of this
Section.
The protocol shall be a | ||||||
3 | written document outlining in detail the procedures
that will | ||||||
4 | be used by all of the agencies involved in investigating and
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5 | prosecuting cases arising from alleged cases of serious or | ||||||
6 | fatal injury to a child physical abuse and in
coordinating | ||||||
7 | treatment referrals for the child and his or her family.
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8 | (Source: P.A. 89-543, eff. 1-1-97.)
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9 | (55 ILCS 80/4) (from Ch. 23, par. 1804)
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10 | Sec. 4. Children's Advocacy Center.
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11 | (a) A Children's Advocacy Center ("Center") may be
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12 | established to coordinate the activities of the various | ||||||
13 | agencies involved
in the investigation, prosecution and | ||||||
14 | treatment referral of child
sexual abuse. The Advisory Board | ||||||
15 | shall serve as the governing board for
the Center.
The | ||||||
16 | operation of the Center may be funded through grants, | ||||||
17 | contracts, or any
other available sources. In counties in which | ||||||
18 | a referendum has been adopted
under Section 5 of this Act, the | ||||||
19 | Advisory Board, by the majority vote of its members, shall | ||||||
20 | submit a
proposed annual budget for the operation of the Center | ||||||
21 | to the county board,
which shall appropriate funds and levy a | ||||||
22 | tax sufficient to
operate the Center. The county board in each | ||||||
23 | county in which a
referendum has been adopted shall establish a | ||||||
24 | Children's Advocacy
Center Fund and shall deposit the net | ||||||
25 | proceeds of the tax authorized by
Section 6 of this Act in that |
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1 | Fund, which shall be kept separate from all
other county funds | ||||||
2 | and shall only be used for the purposes of this Act.
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3 | (b) The Advisory Board shall pay from the Children's | ||||||
4 | Advocacy Center
Fund or from other available funds the salaries | ||||||
5 | of all employees of the
Center and the expenses of acquiring a | ||||||
6 | physical plant for
the Center by construction or lease and | ||||||
7 | maintaining the Center, including
the expenses of | ||||||
8 | administering the coordination of the investigation,
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9 | prosecution and treatment referral of child sexual
abuse under | ||||||
10 | the provisions of the protocol
adopted pursuant to this Act.
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11 | (c) Every Center shall include at least the following | ||||||
12 | components:
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13 | (1) An interdisciplinary, coordinated systems approach | ||||||
14 | to the
investigation of child sexual abuse which shall | ||||||
15 | include, at a minimum;
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16 | (i) an interagency notification procedure;
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17 | (ii) a dispute resolution process between the | ||||||
18 | involved agencies when a
conflict arises on how to | ||||||
19 | proceed with the investigation of a case;
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20 | (iii) a policy on interagency decision-making; and
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21 | (iv) a description of the role each agency has in | ||||||
22 | the investigation of
the case;
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23 | (2) A safe, separate space with assigned personnel | ||||||
24 | designated for the
investigation and coordination of child | ||||||
25 | sexual abuse cases;
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26 | (3) An interdisciplinary case review process for |
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1 | purposes of
decision-making, problem solving, systems | ||||||
2 | coordination, and information
sharing;
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3 | (4) A comprehensive tracking system to receive and | ||||||
4 | coordinate
information concerning child sexual abuse cases | ||||||
5 | from each participating agency;
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6 | (5) Interdisciplinary specialized training for all | ||||||
7 | professionals involved
with the victims and families of | ||||||
8 | child sexual abuse cases; and
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9 | (6) A process for evaluating the effectiveness of the | ||||||
10 | Center and its
operations.
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11 | (d) In the event that a Center has been established as | ||||||
12 | provided in this
Section, the Advisory Board of that Center | ||||||
13 | may, by a majority of the members,
authorize the Center to | ||||||
14 | coordinate the activities of the various agencies
involved in | ||||||
15 | the investigation, prosecution, and treatment referral in | ||||||
16 | cases of serious or fatal injury to a
child physical abuse | ||||||
17 | cases . The Advisory Board shall provide for the financial
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18 | support of these activities in a manner similar to that set out | ||||||
19 | in subsections
(a) and (b) of this Section and shall be allowed | ||||||
20 | to submit a budget that
includes support for physical abuse and | ||||||
21 | neglect activities to the County Board,
which shall appropriate | ||||||
22 | funds that may be available under Section 5 of this
Act. In | ||||||
23 | cooperation with the Department of Children and Family Services | ||||||
24 | Child Death Review Teams, the Department of Children and Family | ||||||
25 | Services Office of the Inspector General, the Department of | ||||||
26 | State Police, and other stakeholders, this protocol must be |
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1 | initially implemented in selected counties to the extent that | ||||||
2 | State appropriations or funds from other sources for this | ||||||
3 | purpose allow.
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4 | (e) The Illinois Child Advocacy Commission may also provide | ||||||
5 | technical
assistance and guidance to the Advisory Boards and | ||||||
6 | shall make a single annual
grant for the purpose of providing | ||||||
7 | technical support and assistance for
advocacy center | ||||||
8 | development in Illinois whenever an appropriation is made by
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9 | the General Assembly specifically for that purpose. The grant | ||||||
10 | may be made only
to an Illinois not-for-profit corporation that | ||||||
11 | qualifies for tax treatment
under Section 501(c)(3) of the | ||||||
12 | Internal Revenue Code and that has a voting
membership | ||||||
13 | consisting of children's advocacy centers. The grant may be | ||||||
14 | spent
on staff, office space, equipment, and other expenses | ||||||
15 | necessary for the
development of resource materials
and other | ||||||
16 | forms of technical support and assistance. The grantee shall | ||||||
17 | report
to the Commission on the specific uses of grant funds by | ||||||
18 | no later than October
1 of each year and shall retain | ||||||
19 | supporting documentation for a period of at
least
5 years after | ||||||
20 | the corresponding report is filed.
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21 | (Source: P.A. 91-158, eff. 7-16-99; 92-785, eff. 8-6-02.)".
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