97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2942

 

Introduced 2/23/2011, by Rep. Patricia R. Bellock

 

SYNOPSIS AS INTRODUCED:
 
325 ILCS 5/8.1  from Ch. 23, par. 2058.1

    Amends the Abused and Neglected Child Reporting Act. Permits a reporting source, whether mandated or not, to appeal a finding by the Child Protective Service Unit that his or her report of abuse or neglect is unfounded. Provides that the Department of Children and Family Services shall establish by rule the appeal process and that if upon appeal a determination is made that there is no credible evidence of abuse or neglect, the reporting source, whether mandated or not, may petition the Attorney General or the appropriate State's Attorney to review his or her report.


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A BILL FOR

 

HB2942LRB097 09211 KTG 49346 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Section 8.1 as follows:
 
6    (325 ILCS 5/8.1)  (from Ch. 23, par. 2058.1)
7    Sec. 8.1. If the Child Protective Service Unit determines
8after investigating a report that there is no credible evidence
9that a child is abused or neglected, it shall deem the report
10to be an unfounded report. However, if it appears that the
11child or family could benefit from other social services, the
12local service may suggest such services, including services
13under Section 8.2, for the family's voluntary acceptance or
14refusal. If the family declines such services, the Department
15shall take appropriate action in keeping with the best interest
16of the child, including referring a member of the child's
17family to a facility licensed by the Department of Human
18Services or the Department of Public Health. For purposes of
19this Section "child" includes an adult resident as defined in
20this Act.
21    Notwithstanding any other provision of law to the contrary,
22a reporting source, whether mandated or not, may appeal a
23finding by the Child Protective Service Unit that his or her

 

 

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1report of abuse or neglect is unfounded. The Department shall
2establish by rule the appeal process. If upon appeal a
3determination is made that there is no credible evidence of
4abuse or neglect, the reporting source, whether mandated or
5not, may petition the Attorney General or the appropriate
6State's Attorney to review his or her report.
7(Source: P.A. 96-1446, eff. 8-20-10.)