Illinois General Assembly - Bill Status for HB2787

Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to convene a multi-disciplinary committee to review application of the Department's investigation procedures to investigations involving children with custody cases pending pursuant to the Illinois Marriage and Dissolution of Marriage Act and make reports to the General Assembly. Requires the Department to promulgate rules, by June 1, 2014, establishing criteria and standards for labeling a child abuse or neglect report as false in the state central register. Requires the Department's investigation team to include a licensed clinical social worker with experience in working with a child's specific disability when a report involves a child with a cognitive disability or a physical disability that impacts the child's communication. Provides that if the child named in the report was in the temporary custody or guardianship of the Department when the report was received, then the child named in the report shall be a party to another's request for expungement of the final findings. Contains provisions concerning a mandated reporter's request for a review of an unfounded report; appeals requested by parents, personal guardians, or legal custodians who are not also subjects of the report; appeals conducted by a neutral third party; appeals or reviews requested via U.S. Mail; and Department rules limiting the rights of a reporter to request an appeal. Effective immediately.

Replaces everything after the enacting clause. Amends the Abused and Neglected Child Reporting Act. Provides that by January 1, 2014, the Department of Children and Family Services shall promulgate rules establishing criteria and standards for labeling an unfounded report as an intentional false report in the central register and that the rules shall permit the reporter to submit a statement regarding the report unless the reporter has been convicted of knowingly transmitting a false report to the Department under a specified provision of the Criminal Code of 2012. Provides that if the child is the subject of an action under Article II of the Juvenile Court Act, the Department shall, within 45 days of classification of the report, transmit a copy of the report to the guardian ad litem appointed for the child (rather than the Department shall transmit a copy of the report to the guardian ad litem appointed for the child). In a provision concerning amended reports, provides that if the minor, who is the subject of an action under Article II of the Juvenile Court Act of 1987, is also the victim named in the report sought to be amended or removed from the central register, the minor shall, through the minor's attorney or guardian ad litem, have the right to participate and be heard in such hearing as defined under Department rules. Contains provisions concerning requests for the Department to review unfounded reports and Department rules addressing such requests. Effective immediately.

Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes: In a provision concerning requests to amend or remove a report of child abuse or neglect from the State Central Register, provides that if the minor, who is the victim named in the report sought to be amended or removed from the State Central Register, is the subject of a pending action under Article II of the Juvenile Court Act of 1987, and the report was made while a guardian ad litem was appointed for the minor under the Juvenile Court Act of 1987, then the minor shall, through the minor's attorney or guardian ad litem appointed under the Juvenile Court Act of 1987, have the right to participate and be heard in such hearing as defined under the Department of Children and Family Services' rules (rather than if the minor, who is the subject of an action under Article II of the Juvenile Court Act of 1987, is also the victim named in the report sought to be amended or removed from the central register, the minor shall, through the minor's attorney or guardian ad litem appointed under the Juvenile Court Act of 1987, have the right to participate and be heard in such hearing as defined under Department rules). Provides that a review of an unfounded report will be conducted by the Multidisciplinary Review Committee (rather than will be conducted by the Multidisciplinary Review Committee, except those requests for review that are made by the guardian ad litem, which shall be conducted by the Regional Child Protection Manager). Effective immediately.

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