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


Sen. William R. Haine

Filed: 4/15/2013





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2    AMENDMENT NO. ______. Amend Senate Bill 1207 by replacing
3everything after the enacting clause with the following:
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



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1shall be tolled until after the conclusion of any criminal
2court action in the circuit court or after adjudication in any
3juvenile court action concerning the circumstances that give
4rise to an indicated report. Such request shall be in writing
5and directed to such person as the Department designates in the
6notification letter notifying the perpetrator of the indicated
7finding. The perpetrator If the Department disregards any
8request to do so or does not act within 10 days, the subject
9shall have the right to a timely hearing within the Department
10to determine whether the record of the report should be amended
11or removed on the grounds that it is inaccurate or it is being
12maintained in a manner inconsistent with this Act, except that
13there shall be no such right to a hearing on the ground of the
14report's inaccuracy if there has been a court finding of child
15abuse or neglect or a criminal finding of guilt as to the
16perpetrator. , the report's accuracy being conclusively
17presumed on such finding. Such hearing shall be held within a
18reasonable time after the perpetrator's subject's request and
19at a reasonable place and hour. The appropriate Child
20Protective Service Unit shall be given notice of the hearing.
21If the minor, who is the victim named in the report sought to
22be amended or removed from the State Central Register, is the
23subject of a pending action under Article II of the Juvenile
24Court Act of 1987, and the report was made while a guardian ad
25litem was appointed for the minor under Section 2-17 of the
26Juvenile Court Act, then the minor shall, through the minor's



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1attorney or guardian ad litem appointed under Section 2-17 of
2the Juvenile Court Act of 1987, have the right to participate
3and be heard in such hearing as defined under the Department's
4rules. In such hearings, the burden of proving the accuracy and
5consistency of the record shall be on the Department and the
6appropriate Child Protective Service Unit. The hearing shall be
7conducted by the Director or his designee, who is hereby
8authorized and empowered to order the amendment or removal of
9the record to make it accurate and consistent with this Act.
10The decision shall be made, in writing, at the close of the
11hearing, or within 60 45 days thereof, and shall state the
12reasons upon which it is based. Decisions of the Department
13under this Section are administrative decisions subject to
14judicial review under the Administrative Review Law.
15    Should the Department grant the request of the perpetrator
16subject of the report pursuant to this Section either on
17administrative review or after an administrative hearing to
18amend an indicated report to an unfounded report, the report
19shall be released and expunged in accordance with the standards
20set forth in Section 7.14 of this Act.
21(Source: P.A. 90-15, eff. 6-13-97; 90-608, eff. 6-30-98.)
22    Section 99. Effective date. This Act takes effect January
231, 2014.".