Full Text of HB4073 97th General Assembly
HB4073 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4073 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
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20 ILCS 515/10 |
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20 ILCS 515/20 |
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Amends the Child Death Review Team Act. Provides that a deceased child that is the subject of a child death review by the Department of Children and Family Services must be part of a family with (rather than the subject of) an open service case maintained by the Department; part of a family with (rather than the subject of) a pending child abuse or neglect investigation; part of a family with a family member who was the subject of an abuse or neglect investigation at any time during the 12 months preceding the child's death; or a subject who dies in a day care center, day care facility, or day care home licensed or unlicensed by the Department. Defines "family member" to mean a parent, grandparent, child, sibling, aunt, uncle, great-aunt, or great-uncle, whether by whole blood, half-blood, or adoption and includes step-children, step-parents, step-grandparents, paramour, or any party responsible for the immediate care of the child. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Child Death Review Team Act is amended by | 5 | | changing Sections 10 and 20 as follows:
| 6 | | (20 ILCS 515/10)
| 7 | | Sec. 10. Definitions. As used in this Act, unless the | 8 | | context requires
otherwise:
| 9 | | "Child" means any person under the age of 18 years unless | 10 | | legally
emancipated by reason of marriage or entry into a | 11 | | branch of the United States
armed services.
| 12 | | "Department" means the Department of Children and Family | 13 | | Services.
| 14 | | "Director" means the Director of Children and Family | 15 | | Services.
| 16 | | "Executive Council" means the Illinois Child Death Review | 17 | | Teams Executive
Council.
| 18 | | "Family member" means a parent, grandparent, child, | 19 | | sibling, aunt, uncle, great-aunt, or great-uncle, whether by | 20 | | whole blood, half-blood, or adoption and includes | 21 | | step-children, step-parents, step-grandparents, paramour, or | 22 | | any party responsible for the immediate care of the child. | 23 | | (Source: P.A. 92-468, eff. 8-22-01.)
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| 1 | | (20 ILCS 515/20)
| 2 | | Sec. 20. Reviews of child deaths.
| 3 | | (a) Every child death shall be reviewed by the team in the | 4 | | subregion which
has
primary case management responsibility. | 5 | | The deceased child must be one of the
following:
| 6 | | (1) A ward of the Department.
| 7 | | (2) Part of a family with The subject of an open | 8 | | service case maintained by the Department.
| 9 | | (3) Part of a family with The subject of a pending | 10 | | child abuse or neglect investigation.
| 11 | | (4) A child who was the subject of an abuse or neglect | 12 | | investigation at
any time
during the 12 months preceding | 13 | | the child's death.
| 14 | | (4.5) Part of a family with a family member who was the | 15 | | subject of an abuse or neglect investigation at any time | 16 | | during the 12 months preceding the child's death.
| 17 | | (5) Any other child whose death is reported to the | 18 | | State central
register as a result of alleged child abuse | 19 | | or neglect which report is
subsequently indicated or | 20 | | unfounded .
| 21 | | (6) A subject who died in a day care center, day care | 22 | | facility, or day care home licensed or unlicensed by the | 23 | | Department. | 24 | | A child death review team may, at its discretion, review | 25 | | other sudden,
unexpected, or unexplained child deaths, and |
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| 1 | | cases of serious or fatal injuries to a child identified under | 2 | | the Children's
Advocacy Center Act.
| 3 | | (b) A child death review team's purpose in conducting | 4 | | reviews of child
deaths
is to do the following:
| 5 | | (1) Assist in determining the cause and manner of the | 6 | | child's death, when
requested.
| 7 | | (2) Evaluate means by which the death might have been | 8 | | prevented.
| 9 | | (3) Report its findings to appropriate agencies and | 10 | | make recommendations
that may help to reduce the number of | 11 | | child deaths caused by abuse or neglect.
| 12 | | (4) Promote continuing education for professionals | 13 | | involved in
investigating, treating, and preventing child | 14 | | abuse and neglect as a means of
preventing child deaths due | 15 | | to abuse or neglect.
| 16 | | (5) Make specific recommendations to the Director and | 17 | | the Inspector
General of the Department concerning the | 18 | | prevention of child deaths due to
abuse or neglect and the | 19 | | establishment of protocols for investigating child
deaths.
| 20 | | (c) A child death review team shall review a child death as | 21 | | soon as
practical and not later than
90 days following
the
| 22 | | completion by the Department of the investigation of the death | 23 | | under the
Abused and Neglected Child Reporting Act. When there | 24 | | has been no investigation
by the Department, the child death | 25 | | review team shall review a child's death
within 90 days after | 26 | | obtaining the information necessary to complete the review
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| 1 | | the coroner, pathologist, medical examiner, or law enforcement | 2 | | agency,
depending on the nature of the case. A child death
| 3 | | review
team shall meet at
least once in
each calendar quarter.
| 4 | | (d) The Director shall, within 90 days, review and reply to | 5 | | recommendations
made by a team under
item (5) of
subsection | 6 | | (b). With respect to each recommendation made by a team, the | 7 | | Director shall submit his or her reply both to the chairperson | 8 | | of that team and to the chairperson of the Executive Council. | 9 | | The Director's reply to each recommendation must include a | 10 | | statement as to whether the Director intends to implement the | 11 | | recommendation. | 12 | | The Director shall implement recommendations as feasible | 13 | | and
appropriate and shall respond in writing to explain the | 14 | | implementation or
nonimplementation of the recommendations. | 15 | | (e) Within 90 days after the Director submits a reply with | 16 | | respect to a recommendation as required by subsection (d), the | 17 | | Director must submit an additional report that sets forth in | 18 | | detail the way, if any, in which the Director will implement | 19 | | the recommendation and the schedule for implementing the | 20 | | recommendation. The Director shall submit this report to the | 21 | | chairperson of the team that made the recommendation and to the | 22 | | chairperson of the Executive Council. | 23 | | (f) Within 180 days after the Director submits a report | 24 | | under subsection (e) concerning the implementation of a | 25 | | recommendation, the Director shall submit a further report to | 26 | | the chairperson of the team that made the recommendation and to |
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| 1 | | the chairperson of the Executive Council. This report shall set | 2 | | forth the specific changes in the Department's policies and | 3 | | procedures that have been made in response to the | 4 | | recommendation.
| 5 | | (Source: P.A. 95-405, eff. 6-1-08; 95-527, eff. 6-1-08; 95-876, | 6 | | eff. 8-21-08; 96-328, eff. 8-11-09.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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