State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ House Amendment 001 ]


92_HB0001

 
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 1        AN ACT in relation to child death review.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Open Meetings Act is amended by changing
 5    Section 1.02 as follows:

 6        (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
 7        Sec. 1.02.  For the purposes of this Act:
 8        "Meeting" means any gathering of a majority of  a  quorum
 9    of  the  members  of  a  public  body held for the purpose of
10    discussing public business.
11        "Public  body"  includes  all   legislative,   executive,
12    administrative  or  advisory  bodies  of the State, counties,
13    townships,  cities,  villages,  incorporated  towns,   school
14    districts  and  all  other  municipal  corporations,  boards,
15    bureaus,  committees  or  commissions  of this State, and any
16    subsidiary bodies of any of the foregoing including  but  not
17    limited  to  committees and subcommittees which are supported
18    in whole or in part by  tax  revenue,  or  which  expend  tax
19    revenue,  except  the  General  Assembly  and  committees  or
20    commissions  thereof.   "Public body" includes tourism boards
21    and convention or civic center  boards  located  in  counties
22    that are contiguous to the Mississippi River with populations
23    of  more  than  250,000 but less than 300,000.  "Public body"
24    includes the Health Facilities Planning Board.  "Public body"
25    does not include a child death review team  or  the  Illinois
26    Child  Death Review Teams Executive Council established under
27    the Child Death Review Team  Act  or  an  ethics  commission,
28    ethics  officer,  or ultimate jurisdictional authority acting
29    under the State Gift Ban Act as provided  by  Section  80  of
30    that Act.
31    (Source:  P.A.  90-517,  eff.  8-22-97;  90-737, eff. 1-1-99;
 
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 1    91-782, eff. 6-9-00.)

 2        Section 10.  The Freedom of Information Act is amended by
 3    changing Section 2 as follows:

 4        (5 ILCS 140/2) (from Ch. 116, par. 202)
 5        Sec. 2.  Definitions.  As used in this Act:
 6        (a)  "Public  body"  means  any  legislative,  executive,
 7    administrative,  or  advisory  bodies  of  the  State,  state
 8    universities  and  colleges,  counties,  townships,   cities,
 9    villages,  incorporated towns, school districts and all other
10    municipal  corporations,  boards,  bureaus,  committees,   or
11    commissions  of  this State, and any subsidiary bodies of any
12    of the foregoing including but not limited to committees  and
13    subcommittees  which are supported in whole or in part by tax
14    revenue, or which expend tax revenue. "Public body" does  not
15    include a child death review team or the Illinois Child Death
16    Review  Teams  Executive  Council established under the Child
17    Death Review Team Act.
18        (b)  "Person"   means   any   individual,    corporation,
19    partnership,   firm,   organization  or  association,  acting
20    individually or as a group.
21        (c)  "Public records" means all records, reports,  forms,
22    writings,    letters,   memoranda,   books,   papers,   maps,
23    photographs, microfilms, cards, tapes, recordings, electronic
24    data processing records, recorded information and  all  other
25    documentary   materials,   regardless  of  physical  form  or
26    characteristics, having been  prepared,  or  having  been  or
27    being  used,  received, possessed or under the control of any
28    public body.  "Public records" includes, but is expressly not
29    limited to:  (i) administrative  manuals,  procedural  rules,
30    and instructions to staff, unless exempted by Section 7(p) of
31    this  Act;  (ii)  final  opinions  and  orders  made  in  the
32    adjudication  of  cases,  except an educational institution's
 
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 1    adjudication of student or employee grievance or disciplinary
 2    cases;  (iii)  substantive   rules;   (iv)   statements   and
 3    interpretations of policy which have been adopted by a public
 4    body;  (v)  final  planning  policies,  recommendations,  and
 5    decisions;  (vi)  factual  reports,  inspection  reports, and
 6    studies whether prepared by or for the public body; (vii) all
 7    information in any account, voucher, or contract dealing with
 8    the receipt or expenditure of public or other funds of public
 9    bodies; (viii) the names,  salaries,  titles,  and  dates  of
10    employment  of  all  employees and officers of public bodies;
11    (ix) materials containing opinions concerning the  rights  of
12    the  state,  the  public,  a  subdivision of state or a local
13    government, or of any private persons; (x) the name of  every
14    official  and  the final records of voting in all proceedings
15    of public bodies; (xi) applications for any contract, permit,
16    grant, or agreement except as  exempted  from  disclosure  by
17    subsection  (g)  of Section 7 of this Act; (xii) each report,
18    document,  study,  or  publication  prepared  by  independent
19    consultants or other independent contractors for  the  public
20    body; (xiii) all other information required by law to be made
21    available for public inspection or copying; (xiv) information
22    relating to any grant or contract made by or between a public
23    body  and  another  public body or private organization; (xv)
24    waiver documents  filed  with  the  State  Superintendent  of
25    Education  or  the  president  of  the University of Illinois
26    under Section 30-12.5 of the School Code, concerning nominees
27    for General Assembly scholarships under Sections 30-9, 30-10,
28    and 30-11 of the School Code and (xvi) complaints, results of
29    complaints, and Department of Children  and  Family  Services
30    staff   findings   of   licensing   violations  at  day  care
31    facilities,   provided   that   personal   and    identifying
32    information is not released.
33        (d)  "Copying"  means  the  reproduction  of  any  public
34    record  by  means of any photographic, electronic, mechanical
 
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 1    or other process, device or means.
 2        (e)  "Head of  the  public  body"  means  the  president,
 3    mayor, chairman, presiding officer, director, superintendent,
 4    manager,  supervisor  or individual otherwise holding primary
 5    executive and administrative authority for the  public  body,
 6    or such person's duly authorized designee.
 7        (f)  "News  media"  means a newspaper or other periodical
 8    issued at regular intervals, a news service, a radio station,
 9    a television station, a community antenna television service,
10    or a person or corporation engaged in making  news  reels  or
11    other motion picture news for public showing.
12    (Source:  P.A.  89-681,  eff. 12-13-96; 90-144, eff. 7-23-97;
13    90-670, eff. 7-31-98.)

14        Section 15.  The Child Death Review Team Act  is  amended
15    by changing Sections 10, 15, 30, and 35 and by adding Section
16    40 as follows:

17        (20 ILCS 515/10)
18        Sec.  10.   Definitions.  As used in this Act, unless the
19    context requires otherwise:
20        "Child" means any person under the age of 18 years unless
21    legally emancipated by reason of marriage  or  entry  into  a
22    branch of the United States armed services.
23        "Department"  means the Department of Children and Family
24    Services.
25        "Director" means the  Director  of  Children  and  Family
26    Services.
27        "Executive Council" means the Illinois Child Death Review
28    Teams Executive Council.
29    (Source: P.A. 90-239, eff. 7-28-97.)

30        (20 ILCS 515/15)
31        Sec. 15.  Child death review teams; establishment.
 
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 1        (a)  The  Director,  in  consultation  with the Executive
 2    Council, law enforcement, and other professionals who work in
 3    the field of investigating,  treating,  or  preventing  child
 4    abuse  or neglect in that subregion, shall appoint members to
 5    a child  death  review  team  in  each  of  the  Department's
 6    administrative  subregions  of  the State outside Cook County
 7    and at least one child death review team in Cook County.  The
 8    members of a team shall be appointed  for  2-year  terms  and
 9    shall  be  eligible  for reappointment upon the expiration of
10    the terms.
11        (b)  Each child death review team  shall  consist  of  at
12    least one member from each of the following categories:
13             (1)  Pediatrician  or  other physician knowledgeable
14        about child abuse and neglect.
15             (2)  Representative of the Department.
16             (3)  State's   attorney   or   State's    attorney's
17        representative.
18             (4)  Representative   of  a  local  law  enforcement
19        agency.
20             (5)  Psychologist or psychiatrist.
21             (6)  Representative of a local health department.
22             (7)  Representative of a school  district  or  other
23        education or child care interests.
24             (8)  Coroner or forensic pathologist.
25             (9)  Representative  of  a  child  welfare agency or
26        child advocacy organization.
27             (10)  Representative of  a  local  hospital,  trauma
28        center, or provider of emergency medical services.
29        Each  child death review team may make recommendations to
30    the Director concerning additional appointments.
31        Each  child  death   review   team   member   must   have
32    demonstrated  experience  and  an  interest in investigating,
33    treating, or preventing child abuse or neglect.
34        (c)  Each  child  death  review  team  shall   select   a
 
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 1    chairperson  from  among  its  members. The chairperson shall
 2    also serve on the Illinois Child Death Review Teams Executive
 3    Council.
 4    (Source: P.A. 88-614, eff. 9-7-94.)

 5        (20 ILCS 515/30)
 6        Sec. 30.  Public access to information.
 7        (a)  Meetings of the child death  review  teams  and  the
 8    Executive Council shall be closed to the public.  Meetings of
 9    the  child  death  review teams and the Executive Council are
10    not subject to the Open Meetings Act (5 ILCS 120/1 et  seq.),
11    as provided in that Act.
12        (b)  Records  and  information  provided to a child death
13    review team and the Executive Council, and records maintained
14    by a team or the Executive Council, are confidential and  not
15    subject  to  the  Freedom of Information Act (5 ILCS 140/1 et
16    seq.), as provided in that Act.
17        Nothing contained in this  subsection  (b)  prevents  the
18    sharing  or  disclosure of records, other than those produced
19    by a Child  Death  Review  Team  or  the  Executive  Council,
20    relating or pertaining to the death of a minor under the care
21    of  or receiving services from the Department of Children and
22    Family Services and under the jurisdiction  of  the  juvenile
23    court  with the juvenile court, the State's Attorney, and the
24    minor's attorney.
25        (c)  Members  of  a  child  death  review  team  and  the
26    Executive Council are not  subject  to  examination,  in  any
27    civil   or   criminal   proceeding,   concerning  information
28    presented to members of the team or the Executive Council  or
29    opinions  formed  by  members  of  the  team or the Executive
30    Council based on that information.  A person may, however, be
31    examined concerning information provided  to  a  child  death
32    review  team  or  the  Executive  Council  that  is otherwise
33    available to the public.
 
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 1        (d)  Records and information produced by  a  child  death
 2    review  team  and  the  Executive  Council are not subject to
 3    discovery or subpoena and are not admissible as  evidence  in
 4    any   civil   or  criminal  proceeding.   Those  records  and
 5    information are, however, subject to discovery or a subpoena,
 6    and are admissible  as  evidence,  to  the  extent  they  are
 7    otherwise available to the public.
 8    (Source: P.A. 90-15, eff. 6-13-97)

 9        (20 ILCS 515/35)
10        Sec. 35.  Indemnification.  The State shall indemnify and
11    hold  harmless  members  of a child death review team and the
12    Executive Council for all their acts,  omissions,  decisions,
13    or other conduct arising out of the scope of their service on
14    the team or Executive Council, except those involving willful
15    or    wanton    misconduct.     The   method   of   providing
16    indemnification shall be as provided in  the  State  Employee
17    Indemnification Act (5 ILCS 350/1 et seq.).
18    (Source: P.A. 88-614, eff. 9-7-94.)

19        (20 ILCS 515/40 new)
20        Sec.  40.  Illinois  Child  Death  Review Teams Executive
21    Council.
22        (a)  The Illinois  Child  Death  Review  Teams  Executive
23    Council,  consisting of the chairpersons of the 9 child death
24    review teams in Illinois, is the coordinating  and  oversight
25    body for child death review teams and activities in Illinois.
26    The  vice-chairperson  of  a  child  death  review  team,  as
27    designated  by the chairperson, may serve as a back-up member
28    or an alternate member  of  the  Executive  Council,  if  the
29    chairperson  of the child death review team is unavailable to
30    serve on the Executive Council. The Director may  appoint  to
31    the   Executive   Council   any   ex-officio  members  deemed
32    necessary.  Persons with expertise needed  by  the  Executive
 
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 1    Council  may  be  invited to meetings.  The Executive Council
 2    must  select  from  its   members   a   chairperson   and   a
 3    vice-chairperson, each to serve a 2-year, renewable term.
 4        The  Executive  Council must meet at least 4 times during
 5    each calendar year.
 6        (b)  The Department must provide or arrange for the staff
 7    support necessary for the Executive Council to carry out  its
 8    duties.  The  Director,  in cooperation and consultation with
 9    the Executive Council, shall appoint, reappoint,  and  remove
10    team members.
11        (c)  The  Executive  Council  has, but is not limited to,
12    the following duties:
13             (1)  To serve as the voice  of  child  death  review
14        teams in Illinois.
15             (2)  To  oversee  the  regional  teams  in  order to
16        ensure  that  the  teams'  work  is  coordinated  and  in
17        compliance with the statutes and the operating protocol.
18             (3)  To ensure that the data, results, findings, and
19        recommendations of the teams are adequately used to  make
20        any  necessary  changes  in the policies, procedures, and
21        statutes in order to protect children in a timely manner.
22             (4)  To collaborate with the General  Assembly,  the
23        Department,   and   others   in   order  to  develop  any
24        legislation needed to prevent  child  fatalities  and  to
25        protect children.
26             (5)  To  assist  in the development of quarterly and
27        annual reports based on the work and the findings of  the
28        teams.
29             (6)  To  ensure  that  the  regional  teams'  review
30        processes  are  standardized  in  order  to  convey data,
31        findings, and recommendations in a usable format.
32             (7)  To serve as a  link  with  child  death  review
33        teams  throughout  the  country  and  to  participate  in
34        national child death review team activities.
 
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 1             (8)  To  develop  an  annual  statewide symposium to
 2        update the knowledge and skills  of  child  death  review
 3        team  members  and to promote the exchange of information
 4        between teams.
 5             (9)  To provide the child death  review  teams  with
 6        the  most  current  information  and practices concerning
 7        child death review and related topics.
 8             (10)  To perform any other  functions  necessary  to
 9        enhance the capability of the child death review teams to
10        reduce and prevent child injuries and fatalities.
11        (d)  In  any instance when a child death review team does
12    not operate in  accordance  with  established  protocol,  the
13    Director,  in consultation and cooperation with the Executive
14    Council, must take any necessary actions to  bring  the  team
15    into compliance with the protocol.

16        Section  99.  Effective date.  This Act takes effect upon
17    becoming law.

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