Illinois General Assembly - Full Text of SB1207
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Full Text of SB1207  98th General Assembly




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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 7.16 as follows:
6    (325 ILCS 5/7.16)  (from Ch. 23, par. 2057.16)
7    Sec. 7.16. For any investigation or appeal initiated on or
8after, or pending on July 1, 1998, the following time frames
9shall apply. Within 60 days after the notification of the
10completion of the Child Protective Service Unit investigation,
11determined by the date of the notification sent by the
12Department, the perpetrator named in the notification a subject
13of a report may request the Department to amend the record or
14remove the record of the report from the register, except that
15the 60-day deadline for filing a request to amend the record or
16remove the record of the report from the State Central Register
17shall be tolled until after the conclusion of any criminal
18court action in the circuit court or after adjudication in any
19juvenile court action concerning the circumstances that give
20rise to an indicated report. Such request shall be in writing
21and directed to such person as the Department designates in the
22notification letter notifying the perpetrator of the indicated
23finding. The perpetrator If the Department disregards any



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1request to do so or does not act within 10 days, the subject
2shall have the right to a timely hearing within the Department
3to determine whether the record of the report should be amended
4or removed on the grounds that it is inaccurate or it is being
5maintained in a manner inconsistent with this Act, except that
6there shall be no such right to a hearing on the ground of the
7report's inaccuracy if there has been a court finding of child
8abuse or neglect or a criminal finding of guilt as to the
9perpetrator. , the report's accuracy being conclusively
10presumed on such finding. Such hearing shall be held within a
11reasonable time after the perpetrator's subject's request and
12at a reasonable place and hour. The appropriate Child
13Protective Service Unit shall be given notice of the hearing.
14If the minor, who is the victim named in the report sought to
15be amended or removed from the State Central Register, is the
16subject of a pending action under Article II of the Juvenile
17Court Act of 1987, and the report was made while a guardian ad
18litem was appointed for the minor under Section 2-17 of the
19Juvenile Court Act, then the minor shall, through the minor's
20attorney or guardian ad litem appointed under Section 2-17 of
21the Juvenile Court Act of 1987, have the right to participate
22and be heard in such hearing as defined under the Department's
23rules. In such hearings, the burden of proving the accuracy and
24consistency of the record shall be on the Department and the
25appropriate Child Protective Service Unit. The hearing shall be
26conducted by the Director or his designee, who is hereby



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1authorized and empowered to order the amendment or removal of
2the record to make it accurate and consistent with this Act.
3The decision shall be made, in writing, at the close of the
4hearing, or within 60 45 days thereof, and shall state the
5reasons upon which it is based. Decisions of the Department
6under this Section are administrative decisions subject to
7judicial review under the Administrative Review Law.
8    Should the Department grant the request of the perpetrator
9subject of the report pursuant to this Section either on
10administrative review or after an administrative hearing to
11amend an indicated report to an unfounded report, the report
12shall be released and expunged in accordance with the standards
13set forth in Section 7.14 of this Act.
14(Source: P.A. 90-15, eff. 6-13-97; 90-608, eff. 6-30-98.)
15    Section 99. Effective date. This Act takes effect January
161, 2014.