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Illinois General Assembly· HB 4242Governor Approved

DCFS-NOTICE OF APPEAL PROCESS, the official text

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HB4242 Enrolled                     LRB104 16754 KTG 30162 b

1   AN ACT concerning children.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Abused and Neglected Child Reporting Act is

5 amended by changing Section 7.12 as follows:

6   (325 ILCS 5/7.12) (from Ch. 23, par. 2057.12)

7   Sec. 7.12. The Child Protective Service Unit shall

8 determine, within 60 days, whether the report is "indicated"

9 or "unfounded" and report it forthwith to the central

10 register; where it is not possible to initiate or complete an

11 investigation within 60 days the report may be deemed

12 "undetermined" provided every effort has been made to

13 undertake a complete investigation. The Department may extend

14 the period in which such determinations must be made in

15 individual cases for additional periods of up to 30 days each

16 for good cause shown. The Department shall by rule establish

17 what shall constitute good cause.

18  In those cases in which the Child Protective Service Unit

19 has made a final determination that a report is "indicated" or

20 "unfounded", the Department shall provide written notification

21 of the final determination to the subjects of the report and to

22 the alleged perpetrator, parents, personal guardian or legal

23 guardian of the alleged child victim, and other persons
    HB4242 Enrolled  -2-                LRB104 16754 KTG 30162 b

1 required to receive notice by regular U.S. mail. The written

2 notification of the final determination of an indicated

3 finding by the Department shall include:

4   (1) a statement of the allegation and the indicated

5   finding;

6   (2) the length of time the indicated finding shall be

7   maintained in the State Central Register;

8   (3) notice of the right to request an administrative

9   appeal of the indicated finding;

10  (4) the time period within which an administrative

11  appeal must be requested;

12  (5) the manner in which to request an administrative

13  appeal; and

14  (6) notice of the right to request a copy of the

15  investigative file that pertains to the subject, including

16  the manner in which such a request may be made, regardless

17  of whether the subject requests an administrative appeal,

18  and that any records provided are subject to redaction or

19  withholding as required by State or federal law.

20  Subject to appropriation, written notification of the

21 final determination shall be sent to a perpetrator indicated

22 for child abuse or child neglect, or both, by both regular and

23 certified mail.

24 (Source: P.A. 96-385, eff. 1-1-10.)
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