Full Text of HB3384 103rd General Assembly
HB3384ham001 103RD GENERAL ASSEMBLY | Rep. Carol Ammons Filed: 3/21/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3384
| 2 | | AMENDMENT NO. ______. Amend House Bill 3384 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Child Death Review Team Act is amended by | 5 | | changing Sections 15, 20, and 40 as follows:
| 6 | | (20 ILCS 515/15)
| 7 | | Sec. 15. Child death review teams; establishment.
| 8 | | (a) The Inspector General of the Department, in | 9 | | consultation and cooperation with the Executive Council, law
| 10 | | enforcement, and other
professionals who work in the field of | 11 | | investigating, treating, or preventing
child abuse or neglect | 12 | | in that subregion, shall appoint members to a child
death | 13 | | review
team in each of the Department's administrative | 14 | | subregions of the State outside
Cook County and at least one | 15 | | child death review team in Cook County. The
members of a team | 16 | | shall be appointed for 2-year terms and
shall be eligible for |
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| 1 | | reappointment upon the expiration of the terms. The Inspector | 2 | | General of the Department must fill any vacancy in a team | 3 | | within 60 days after that vacancy occurs.
| 4 | | (b) Each child death review team shall consist of at least | 5 | | one member from
each of the following categories:
| 6 | | (1) Pediatrician or other physician knowledgeable | 7 | | about child abuse and
neglect.
| 8 | | (2) Representative of the Department.
| 9 | | (3) State's attorney or State's attorney's | 10 | | representative.
| 11 | | (4) Representative of a local law enforcement agency.
| 12 | | (5) Psychologist or psychiatrist.
| 13 | | (6) Representative of a local health department.
| 14 | | (7) Representative of a school district or other | 15 | | education or child care
interests.
| 16 | | (8) Coroner or forensic pathologist.
| 17 | | (9) Representative of a child welfare agency or child | 18 | | advocacy
organization.
| 19 | | (10) Representative of a local hospital, trauma | 20 | | center, or provider of
emergency medical services.
| 21 | | (11) Representative of the Illinois State Police.
| 22 | | (12) Representative of the Department of Public | 23 | | Health. | 24 | | (13) One member of the General Assembly, appointed by | 25 | | the Speaker of the House of Representatives. | 26 | | (14) One member of the General Assembly, appointed by |
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| 1 | | the President of the Senate. | 2 | | (15) One member of the General Assembly, appointed by | 3 | | the Minority Leader of the House of Representatives. | 4 | | (16) One member of the General Assembly, appointed by | 5 | | the Minority Leader of the Senate. | 6 | | Each child death review team may make recommendations to | 7 | | the Inspector General of the Department
concerning additional | 8 | | appointments. In the event of a disagreement, the Executive | 9 | | Council's decision shall control.
| 10 | | Each child death review team member who is not a member of | 11 | | the General Assembly must have demonstrated experience and an
| 12 | | interest in investigating, treating, or preventing child abuse | 13 | | or neglect.
| 14 | | (c) Each child death review team shall select a | 15 | | chairperson and vice-chairperson from among its
members.
The | 16 | | chairperson shall also serve on the Illinois Child Death | 17 | | Review Teams
Executive
Council. The vice-chairperson may also | 18 | | serve on the Illinois Child Death Review Teams
Executive
| 19 | | Council, but shall not have a vote on child death review team | 20 | | business unless the chairperson is unable to attend a meeting. | 21 | | (d) The child death review teams shall be funded under a | 22 | | separate line item in the Department's annual budget.
| 23 | | (e) The Department shall provide at least one full-time | 24 | | Statewide Department of Children and Family Services Liaison | 25 | | who shall attend all child death review team meetings, all | 26 | | Executive meetings, all Executive Council meetings, and |
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| 1 | | meetings between the Director and the Executive Council. | 2 | | (f) Appointed General Assembly members shall serve on the | 3 | | Illinois Child Death Review Teams Executive Council. The | 4 | | appointed General Assembly members shall serve as a liaison | 5 | | between the Child Death Review Team Executive Council and the | 6 | | General Assembly. The appointed General Assembly members shall | 7 | | be permitted to attend all Executive meetings, meetings | 8 | | between the Director and the Executive Council, and Child | 9 | | Death Review regional team meetings. | 10 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 11 | | (20 ILCS 515/20)
| 12 | | Sec. 20. Reviews of child deaths.
| 13 | | (a) Every child death shall be reviewed by the team in the | 14 | | subregion which
has
primary case management responsibility. | 15 | | The deceased child must be one of the
following:
| 16 | | (1) A youth in care.
| 17 | | (2) The subject of an open service case maintained by | 18 | | the Department.
| 19 | | (3) The subject of a pending child abuse or neglect | 20 | | investigation.
| 21 | | (4) A child who was the subject of an abuse or neglect | 22 | | investigation at
any time
during the 12 months preceding | 23 | | the child's death.
| 24 | | (5) Any other child whose death is reported to the | 25 | | State central
register as a result of alleged child abuse |
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| 1 | | or neglect which report is
subsequently indicated.
| 2 | | A child death review team may, at its discretion, review | 3 | | other sudden,
unexpected, or unexplained child deaths, cases | 4 | | of serious or fatal injuries to a child identified under the | 5 | | Children's
Advocacy Center Act, and all unfounded child death | 6 | | cases.
| 7 | | (b) A child death review team's purpose in conducting | 8 | | reviews of child
deaths
is to do the following:
| 9 | | (1) Assist in determining the cause and manner of the | 10 | | child's death, when
requested.
| 11 | | (2) Evaluate means by which the death might have been | 12 | | prevented.
| 13 | | (3) Report its findings to appropriate agencies and | 14 | | make recommendations
that may help to reduce the number of | 15 | | child deaths caused by abuse or neglect.
| 16 | | (4) Promote continuing education for professionals | 17 | | involved in
investigating, treating, and preventing child | 18 | | abuse and neglect as a means of
preventing child deaths | 19 | | due to abuse or neglect.
| 20 | | (5) Make specific recommendations to the Director and | 21 | | the Inspector
General of the Department concerning the | 22 | | prevention of child deaths due to
abuse or neglect and the | 23 | | establishment of protocols for investigating child
deaths.
| 24 | | (6) Share specific, agreed upon recommendations with | 25 | | the General Assembly. | 26 | | (c) A child death review team shall review a child death as |
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| 1 | | soon as
practical and not later than
90 days following
the
| 2 | | completion by the Department of the investigation of the death | 3 | | under the
Abused and Neglected Child Reporting Act. When there | 4 | | has been no investigation
by the Department, the child death | 5 | | review team shall review a child's death
within 90 days after | 6 | | obtaining the information necessary to complete the review
| 7 | | from the coroner, pathologist, medical examiner, or law | 8 | | enforcement agency,
depending on the nature of the case. A | 9 | | child death
review
team shall meet at
least once in
each | 10 | | calendar quarter.
| 11 | | (d) The Director shall, within 90 days, review and reply | 12 | | to recommendations
made by a team under
item (5) of
subsection | 13 | | (b). With respect to each recommendation made by a team, the | 14 | | Director shall submit his or her reply both to the chairperson | 15 | | of that team and to the chairperson of the Executive Council. | 16 | | The Director's reply to each recommendation must include a | 17 | | statement as to whether the Director intends to implement the | 18 | | recommendation. The Director shall meet in person with the | 19 | | Executive Council at least every 60 days to discuss | 20 | | recommendations and the Department's responses. | 21 | | The Director shall implement recommendations as feasible | 22 | | and
appropriate and shall respond in writing to explain the | 23 | | implementation or
nonimplementation of the recommendations. | 24 | | (e) Within 90 days after the Director submits a reply with | 25 | | respect to a recommendation as required by subsection (d), the | 26 | | Director must submit an additional report that sets forth in |
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| 1 | | detail the way, if any, in which the Director will implement | 2 | | the recommendation and the schedule for implementing the | 3 | | recommendation. The Director shall submit this report to the | 4 | | chairperson of the team that made the recommendation and to | 5 | | the chairperson of the Executive Council. | 6 | | (f) Within 180 days after the Director submits a report | 7 | | under subsection (e) concerning the implementation of a | 8 | | recommendation, the Director shall submit a further report to | 9 | | the chairperson of the team that made the recommendation and | 10 | | to the chairperson of the Executive Council. This report shall | 11 | | set forth the specific changes in the Department's policies | 12 | | and procedures that have been made in response to the | 13 | | recommendation.
| 14 | | (Source: P.A. 100-159, eff. 8-18-17; 100-1122, eff. 11-27-18.)
| 15 | | (20 ILCS 515/40)
| 16 | | Sec. 40. Illinois Child Death Review Teams Executive | 17 | | Council.
| 18 | | (a) The Illinois Child Death Review Teams Executive | 19 | | Council, consisting of
the
chairpersons of the 9 child death | 20 | | review teams in Illinois, is the coordinating
and
oversight | 21 | | body for child death review teams and activities in Illinois. | 22 | | The
vice-chairperson of a child death review team, as | 23 | | designated by the
chairperson, may
serve
as a back-up member | 24 | | or an alternate member of the Executive Council, if the
| 25 | | chairperson of the child death review team is unavailable to |
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| 1 | | serve on the
Executive Council. The appointed General Assembly | 2 | | members, and the The Inspector General of the Department, ex | 3 | | officio, are is a
non-voting members member of the Executive | 4 | | Council. The Inspector General of the Department may
appoint | 5 | | to the Executive Council any
additional ex-officio members | 6 | | deemed necessary. Persons with
expertise needed by the | 7 | | Executive Council may be invited to meetings. The
Executive | 8 | | Council must select from its members a chairperson and a
| 9 | | vice-chairperson, each
to serve a 2-year, renewable term.
| 10 | | The Executive Council must meet at least 4 times during | 11 | | each calendar year. At each such meeting, in addition to any | 12 | | other matters under consideration, the Executive Council shall | 13 | | review all replies and reports received from the Director | 14 | | pursuant to subsections (d), (e), and (f) of Section 20 since | 15 | | the Executive Council's previous meeting. The Executive | 16 | | Council's review must include consideration of the Director's | 17 | | proposed manner of and schedule for implementing each | 18 | | recommendation made by a child death review team.
| 19 | | (b) The Department must provide or arrange for the staff | 20 | | support necessary
for the
Executive Council to carry out its | 21 | | duties. This includes a full-time Executive Director and | 22 | | support staff person.
The Inspector General of the Department, | 23 | | in cooperation and consultation with the Executive Council, | 24 | | shall
appoint, reappoint, and remove team members. In the | 25 | | event of a disagreement, the Executive Council's decision | 26 | | shall control. From funds available, the Director may select |
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| 1 | | from a list of 2 or more candidates recommended by the | 2 | | Executive Council to serve as the Child Death Review Teams | 3 | | Executive Director. The Child Death Review Teams Executive | 4 | | Director shall oversee the operations of the child death | 5 | | review teams and shall report directly to the Executive | 6 | | Council.
| 7 | | (c) The Executive Council has, but is not limited to, the | 8 | | following duties:
| 9 | | (1) To serve as the voice of child death review teams | 10 | | in Illinois.
| 11 | | (2) To oversee the regional teams in order to ensure | 12 | | that the teams' work
is
coordinated and in compliance with | 13 | | the statutes and the operating protocol.
| 14 | | (3) To ensure that the data, results, findings, and | 15 | | recommendations of the
teams are
adequately used to make | 16 | | any necessary changes in the policies, procedures, and
| 17 | | statutes in order to protect children in a timely manner.
| 18 | | (4) To collaborate with the General Assembly, the | 19 | | Department, and others
in order to
develop any legislation | 20 | | needed to prevent child fatalities and to protect
| 21 | | children.
| 22 | | (5) To assist in the development of quarterly and | 23 | | annual reports based on
the work
and the findings of the | 24 | | teams.
| 25 | | (6) To ensure that the regional teams' review | 26 | | processes are standardized
in order to
convey data, |
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| 1 | | findings, and recommendations in a usable format.
| 2 | | (7) To serve as a link with child death review teams | 3 | | throughout the
country and to
participate in national | 4 | | child death review team activities.
| 5 | | (8) To develop an annual statewide symposium to update | 6 | | the knowledge and
skills of
child death review team | 7 | | members and to promote the exchange of information
between | 8 | | teams.
| 9 | | (9) To provide the child death review teams with the | 10 | | most current
information and practices concerning child | 11 | | death review and related topics.
| 12 | | (10) To perform any other functions necessary to | 13 | | enhance the capability of
the child death review teams to | 14 | | reduce and prevent child injuries and
fatalities.
| 15 | | (c-5) The Executive Council shall prepare an annual | 16 | | report. The report must include, but need not be limited to, | 17 | | (i) each recommendation made by a child death review team | 18 | | pursuant to item (5) of subsection (b) of Section 20 during the | 19 | | period covered by the report, (ii) the Director's proposed | 20 | | schedule for implementing each such recommendation, and (iii) | 21 | | a description of the specific changes in the Department's | 22 | | policies and procedures that have been made in response to the | 23 | | recommendation. The Executive Council shall send a copy of its | 24 | | annual report to each of the following: | 25 | | (1) The Governor. | 26 | | (2) Each member of the Senate or the House of |
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| 1 | | Representatives, county coroners and medical examiners, | 2 | | and State's Attorneys, in the sole discretion of the | 3 | | Executive Council. | 4 | | (3) Each member of each child death review team in the | 5 | | State.
| 6 | | (d) In any instance when a child death review team does not | 7 | | operate in
accordance with
established protocol, the Director, | 8 | | in consultation and cooperation
with the Executive Council,
| 9 | | must take any necessary actions to bring the team into | 10 | | compliance
with the
protocol.
| 11 | | (Source: P.A. 100-1122, eff. 11-27-18.)".
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