Public Act 100-1122
Public Act 1122 100TH GENERAL ASSEMBLY
|Public Act 100-1122|
|SB2407 Enrolled||LRB100 17926 RJF 33110 b|
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Child Death Review Team Act is amended by
changing Sections 15, 20, 25, and 40 as follows:
(20 ILCS 515/15)
Child death review teams; establishment.
Inspector General of the Department
with the Executive Council, law
enforcement, and other
professionals who work in the field of
investigating, treating, or preventing
child abuse or neglect
in that subregion, shall appoint members to a child
team in each of the Department's administrative
subregions of the State outside
Cook County and at least one
child death review team in Cook County. The
members of a team
shall be appointed for 2-year terms and
shall be eligible for
reappointment upon the expiration of the terms. The
General of the Department
must fill any vacancy in a
team within 60 days after that vacancy occurs.
(b) Each child death review team shall consist of at least
one member from
each of the following categories:
(1) Pediatrician or other physician knowledgeable
about child abuse and
(2) Representative of the Department.
(3) State's attorney or State's attorney's
(4) Representative of a local law enforcement agency.
(5) Psychologist or psychiatrist.
(6) Representative of a local health department.
(7) Representative of a school district or other
education or child care
(8) Coroner or forensic pathologist.
(9) Representative of a child welfare agency or child
(10) Representative of a local hospital, trauma
center, or provider of
emergency medical services.
(11) Representative of the Department of State Police.
(12) Representative of the Department of Public
Each child death review team may make recommendations to
Inspector General of the Department
In the event of a disagreement, the
Executive Council's decision shall control.
Each child death review team member must have demonstrated
experience and an
interest in investigating, treating, or
preventing child abuse or neglect.
(c) Each child death review team shall select a chairperson
from among its
shall also serve on the Illinois Child Death Review Teams
The vice-chairperson may also serve on the
Illinois Child Death Review Teams
Council, but shall
not have a vote on child death review team business unless the
chairperson is unable to attend a meeting.
(d) The child death review teams shall be funded under a
separate line item in the Department's annual budget.
(e) The Department shall provide at least one full-time
Statewide Department of Children and Family Services Liaison
who shall attend all child death review team meetings, all
Executive meetings, all Executive Council meetings, and
meetings between the Director and the Executive Council.
(Source: P.A. 100-397, eff. 1-1-18
(20 ILCS 515/20)
Reviews of child deaths.
(a) Every child death shall be reviewed by the team in the
primary case management responsibility.
The deceased child must be one of the
(1) A youth in care.
(2) The subject of an open service case maintained by
(3) The subject of a pending child abuse or neglect
(4) A child who was the subject of an abuse or neglect
during the 12 months preceding
the child's death.
(5) Any other child whose death is reported to the
register as a result of alleged child abuse
or neglect which report is
A child death review team may, at its discretion, review
unexpected, or unexplained child deaths,
cases of serious or fatal injuries to a child identified under
Advocacy Center Act
, and all unfounded child
(b) A child death review team's purpose in conducting
reviews of child
is to do the following:
(1) Assist in determining the cause and manner of the
child's death, when
(2) Evaluate means by which the death might have been
(3) Report its findings to appropriate agencies and
that may help to reduce the number of
child deaths caused by abuse or neglect.
(4) Promote continuing education for professionals
investigating, treating, and preventing child
abuse and neglect as a means of
preventing child deaths due
to abuse or neglect.
(5) Make specific recommendations to the Director and
General of the Department concerning the
prevention of child deaths due to
abuse or neglect and the
establishment of protocols for investigating child
(c) A child death review team shall review a child death as
practical and not later than
90 days following
completion by the Department of the investigation of the death
Abused and Neglected Child Reporting Act. When there
has been no investigation
by the Department, the child death
review team shall review a child's death
within 90 days after
obtaining the information necessary to complete the review
the coroner, pathologist, medical examiner, or law enforcement
depending on the nature of the case. A child death
team shall meet at
least once in
each calendar quarter.
(d) The Director shall, within 90 days, review and reply to
made by a team under
item (5) of
(b). With respect to each recommendation made by a team, the
Director shall submit his or her reply both to the chairperson
of that team and to the chairperson of the Executive Council.
The Director's reply to each recommendation must include a
statement as to whether the Director intends to implement the
The Director shall meet in person with the
Executive Council at least every 60 days to discuss
recommendations and the Department's responses.
The Director shall implement recommendations as feasible
appropriate and shall respond in writing to explain the
nonimplementation of the recommendations.
(e) Within 90 days after the Director submits a reply with
respect to a recommendation as required by subsection (d), the
Director must submit an additional report that sets forth in
detail the way, if any, in which the Director will implement
the recommendation and the schedule for implementing the
recommendation. The Director shall submit this report to the
chairperson of the team that made the recommendation and to the
chairperson of the Executive Council.
(f) Within 180 days after the Director submits a report
under subsection (e) concerning the implementation of a
recommendation, the Director shall submit a further report to
the chairperson of the team that made the recommendation and to
the chairperson of the Executive Council. This report shall set
forth the specific changes in the Department's policies and
procedures that have been made in response to the
(Source: P.A. 100-159, eff. 8-18-17.)
(20 ILCS 515/25)
Team access to information.
No later than 21 days prior to a child death review
team meeting, the
Department shall provide to a child death
and its staff
, on the
request of the team
all records and information in the
possession that are relevant to the team's review of a child
records and information concerning previous
reports or investigations of
suspected child abuse or neglect
all records and information from the Statewide Automated Child
Welfare Information System or from any other database
maintained by the Department, and all documents, including, but
not limited to, police reports and medical information
(b) A child death review team shall have access to all
information that are relevant to its review of a
and in the
possession of a State or local
governmental agency, including, but not limited to,
information gained through the Child Advocacy Center protocol
for cases of serious or fatal injury to a child. These records
information include, without limitation, birth
certificates, all relevant
medical and mental health records,
records of law
enforcement agency investigations, records of
coroner or medical examiner
investigations, records of the
Department of Corrections and Department of Juvenile Justice
concerning a person's
parole or aftercare release, records of a
probation and court services department, and records of a
social services agency that provided services
to the child or
the child's family.
(c) Child death review team staff must have full access to
the Statewide Automated Child Welfare Information System, any
other child welfare database maintained by the Department, and
any child death certificates held by the Office of Vital
Records within the Department of Public Health.
(Source: P.A. 98-558, eff. 1-1-14.)
(20 ILCS 515/40)
Illinois Child Death Review Teams Executive
(a) The Illinois Child Death Review Teams Executive
Council, consisting of
chairpersons of the 9 child death
review teams in Illinois, is the coordinating
body for child death review teams and activities in Illinois.
vice-chairperson of a child death review team, as
designated by the
as a back-up member or
an alternate member of the Executive Council, if the
chairperson of the child death review team is unavailable to
serve on the
Executive Council. The Inspector General of the
Department, ex officio, is a
non-voting member of the Executive
Inspector General of the Department
appoint to the Executive Council any
members deemed necessary. Persons with
expertise needed by the
Executive Council may be invited to meetings. The
Council must select from its members a chairperson and a
to serve a 2-year, renewable term.
The Executive Council must meet at least 4 times during
each calendar year. At each such meeting, in addition to any
other matters under consideration, the Executive Council shall
review all replies and reports received from the Director
pursuant to subsections (d), (e), and (f) of Section 20 since
the Executive Council's previous meeting. The Executive
Council's review must include consideration of the Director's
proposed manner of and schedule for implementing each
recommendation made by a child death review team.
(b) The Department must provide or arrange for the staff
Executive Council to carry out its
This includes a full-time Executive Director and
support staff person.
Inspector General of the Department
, in cooperation and consultation with the Executive
appoint, reappoint, and remove team members.
the event of a disagreement, the Executive Council's decision
From funds available, the Director may select
from a list of 2 or more candidates recommended by the
Executive Council to serve as the Child Death Review Teams
Executive Director. The Child Death Review Teams Executive
Director shall oversee the operations of the child death review
teams and shall report directly to the Executive Council.
(c) The Executive Council has, but is not limited to, the
(1) To serve as the voice of child death review teams
(2) To oversee the regional teams in order to ensure
that the teams' work
coordinated and in compliance with
the statutes and the operating protocol.
(3) To ensure that the data, results, findings, and
recommendations of the
adequately used to make
any necessary changes in the policies, procedures, and
statutes in order to protect children in a timely manner.
(4) To collaborate with the General Assembly, the
Department, and others
in order to
develop any legislation
needed to prevent child fatalities and to protect
(5) To assist in the development of quarterly and
annual reports based on
and the findings of the
(6) To ensure that the regional teams' review processes
in order to
convey data, findings, and
recommendations in a usable format.
(7) To serve as a link with child death review teams
country and to
participate in national child
death review team activities.
(8) To develop an annual statewide symposium to update
the knowledge and
child death review team members
and to promote the exchange of information
(9) To provide the child death review teams with the
information and practices concerning child
death review and related topics.
(10) To perform any other functions necessary to
enhance the capability of
the child death review teams to
reduce and prevent child injuries and
(c-5) The Executive Council shall prepare an annual report.
The report must include, but need not be limited to, (i) each
recommendation made by a child death review team pursuant to
item (5) of subsection (b) of Section 20 during the period
covered by the report, (ii) the Director's proposed schedule
for implementing each such recommendation, and (iii) a
description of the specific changes in the Department's
policies and procedures that have been made in response to the
recommendation. The Executive Council shall send a copy of its
annual report to each of the following:
(1) The Governor.
(2) Each member of the Senate or the House of
, county coroners and medical examiners,
and State's Attorneys, in the sole discretion of the
whose legislative district lies wholly
or partly within the region covered by any child death
review team whose recommendation is addressed in the annual
(3) Each member of each child death review team in the
(d) In any instance when a child death review team does not
established protocol, the Director,
in consultation and cooperation
with the Executive Council,
must take any necessary actions to bring the team into
(Source: P.A. 95-405, eff. 6-1-08; 95-527, eff. 6-1-08; 95-876,
This Act takes effect upon
Effective Date: 11/27/2018