103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4220 Introduced , by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED: 325 ILCS 5/7.4b new Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to provide certain written summaries and verbal notifications to parents, guardians, or other persons having legal custody of a child who are under investigation for child abuse or neglect. Provides that, after initiating an abuse or neglect investigation, the Department shall provide the investigated person with a written summary of the following information: (1) the known allegations and factual claims the Department is investigating; (2) the Department's procedures for conducting an investigation of alleged child abuse or neglect; (3) the person's right to file a complaint with the Department or request a review of the Department's investigative findings; (4) the person's right to review all records of the Department's investigation within 24 hours of making the request unless such review would undermine an ongoing criminal investigation or jeopardize the child's safety; and other matters. Requires the Department to provide a verbal notification of the person's right to: (i) not speak with any agent of the Department without an attorney present; (ii) record any interaction or interview the person has with a child protective investigator or any other agent of the Department with the understanding that upon court order the person may be required to disclose the recording to the Department, a law enforcement agency, or another party; (iii) refuse to allow a child protective investigator to enter the home or interview the child without a court order; and other matters. Provides that the Department shall provide a verbal notification to the child of the child's right to have an adult the child is comfortable with present during any investigatory interview with the Department. Provides that the child protective investigator assigned to investigate the report of abuse or neglect shall document in the case record that the investigator provided the written summaries and verbal notifications. Provides that if a parent, guardian, or legal custodian under investigation for child abuse or neglect does not receive the written summaries and verbal notifications, any information obtained from such person is not admissible as evidence against the person in any civil proceeding. LRB103 35208 KTG 65188 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4220 Introduced , by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED: 325 ILCS 5/7.4b new 325 ILCS 5/7.4b new Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to provide certain written summaries and verbal notifications to parents, guardians, or other persons having legal custody of a child who are under investigation for child abuse or neglect. Provides that, after initiating an abuse or neglect investigation, the Department shall provide the investigated person with a written summary of the following information: (1) the known allegations and factual claims the Department is investigating; (2) the Department's procedures for conducting an investigation of alleged child abuse or neglect; (3) the person's right to file a complaint with the Department or request a review of the Department's investigative findings; (4) the person's right to review all records of the Department's investigation within 24 hours of making the request unless such review would undermine an ongoing criminal investigation or jeopardize the child's safety; and other matters. Requires the Department to provide a verbal notification of the person's right to: (i) not speak with any agent of the Department without an attorney present; (ii) record any interaction or interview the person has with a child protective investigator or any other agent of the Department with the understanding that upon court order the person may be required to disclose the recording to the Department, a law enforcement agency, or another party; (iii) refuse to allow a child protective investigator to enter the home or interview the child without a court order; and other matters. Provides that the Department shall provide a verbal notification to the child of the child's right to have an adult the child is comfortable with present during any investigatory interview with the Department. Provides that the child protective investigator assigned to investigate the report of abuse or neglect shall document in the case record that the investigator provided the written summaries and verbal notifications. Provides that if a parent, guardian, or legal custodian under investigation for child abuse or neglect does not receive the written summaries and verbal notifications, any information obtained from such person is not admissible as evidence against the person in any civil proceeding. LRB103 35208 KTG 65188 b LRB103 35208 KTG 65188 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4220 Introduced , by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED:
325 ILCS 5/7.4b new 325 ILCS 5/7.4b new
325 ILCS 5/7.4b new
Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to provide certain written summaries and verbal notifications to parents, guardians, or other persons having legal custody of a child who are under investigation for child abuse or neglect. Provides that, after initiating an abuse or neglect investigation, the Department shall provide the investigated person with a written summary of the following information: (1) the known allegations and factual claims the Department is investigating; (2) the Department's procedures for conducting an investigation of alleged child abuse or neglect; (3) the person's right to file a complaint with the Department or request a review of the Department's investigative findings; (4) the person's right to review all records of the Department's investigation within 24 hours of making the request unless such review would undermine an ongoing criminal investigation or jeopardize the child's safety; and other matters. Requires the Department to provide a verbal notification of the person's right to: (i) not speak with any agent of the Department without an attorney present; (ii) record any interaction or interview the person has with a child protective investigator or any other agent of the Department with the understanding that upon court order the person may be required to disclose the recording to the Department, a law enforcement agency, or another party; (iii) refuse to allow a child protective investigator to enter the home or interview the child without a court order; and other matters. Provides that the Department shall provide a verbal notification to the child of the child's right to have an adult the child is comfortable with present during any investigatory interview with the Department. Provides that the child protective investigator assigned to investigate the report of abuse or neglect shall document in the case record that the investigator provided the written summaries and verbal notifications. Provides that if a parent, guardian, or legal custodian under investigation for child abuse or neglect does not receive the written summaries and verbal notifications, any information obtained from such person is not admissible as evidence against the person in any civil proceeding.
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A BILL FOR
HB4220LRB103 35208 KTG 65188 b HB4220 LRB103 35208 KTG 65188 b
HB4220 LRB103 35208 KTG 65188 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 adding Section 7.4b as follows:
6 (325 ILCS 5/7.4b new)
7 Sec. 7.4b. Notification of parents' and caregivers'
8 rights.
9 (a) After initiating an abuse or neglect investigation of
10 a parent, legal guardian, or other person having legal custody
11 of a child, the Department shall, at the time of first contact,
12 provide the person with a written summary of the following
13 information:
14 (1) the known allegations and factual claims the
15 Department is investigating;
16 (2) the Department's procedures for conducting an
17 investigation of alleged child abuse or neglect,
18 including:
19 (A) a description of the circumstances under which
20 the Department may take temporary protective custody
21 of the child and petition a court for temporary
22 custody of the child;
23 (B) a statement that State law requires the
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4220 Introduced , by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED:
325 ILCS 5/7.4b new 325 ILCS 5/7.4b new
325 ILCS 5/7.4b new
Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to provide certain written summaries and verbal notifications to parents, guardians, or other persons having legal custody of a child who are under investigation for child abuse or neglect. Provides that, after initiating an abuse or neglect investigation, the Department shall provide the investigated person with a written summary of the following information: (1) the known allegations and factual claims the Department is investigating; (2) the Department's procedures for conducting an investigation of alleged child abuse or neglect; (3) the person's right to file a complaint with the Department or request a review of the Department's investigative findings; (4) the person's right to review all records of the Department's investigation within 24 hours of making the request unless such review would undermine an ongoing criminal investigation or jeopardize the child's safety; and other matters. Requires the Department to provide a verbal notification of the person's right to: (i) not speak with any agent of the Department without an attorney present; (ii) record any interaction or interview the person has with a child protective investigator or any other agent of the Department with the understanding that upon court order the person may be required to disclose the recording to the Department, a law enforcement agency, or another party; (iii) refuse to allow a child protective investigator to enter the home or interview the child without a court order; and other matters. Provides that the Department shall provide a verbal notification to the child of the child's right to have an adult the child is comfortable with present during any investigatory interview with the Department. Provides that the child protective investigator assigned to investigate the report of abuse or neglect shall document in the case record that the investigator provided the written summaries and verbal notifications. Provides that if a parent, guardian, or legal custodian under investigation for child abuse or neglect does not receive the written summaries and verbal notifications, any information obtained from such person is not admissible as evidence against the person in any civil proceeding.
LRB103 35208 KTG 65188 b LRB103 35208 KTG 65188 b
LRB103 35208 KTG 65188 b
A BILL FOR
325 ILCS 5/7.4b new
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1 Department to refer all reports of alleged child abuse
2 or neglect to the appropriate local law enforcement
3 agency for consideration of a separate criminal
4 investigation or other action;
5 (C) an explanation that any statement or admission
6 the person makes to a child protective investigator or
7 to any other individual may be used against the
8 person:
9 (i) in a criminal case;
10 (ii) as a basis to temporarily or permanently
11 remove from the person's care, custody, or control
12 the child who is the subject of the investigation
13 or any other child in the household; or
14 (iii) as a basis to terminate the person's
15 parental rights, guardianship, or custodianship of
16 the child who is the subject of the investigation
17 or of any other child in the household;
18 (3) the person's right to file a complaint with the
19 Department or request a review of the Department's
20 investigative findings;
21 (4) the person's right to review all records of the
22 Department's investigation within 24 hours of making the
23 request unless such review would undermine an ongoing
24 criminal investigation or jeopardize the child's safety,
25 such as protected confidential information;
26 (5) the person's right to seek legal counsel;
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1 (6) citations to the statutory and regulatory
2 provisions governing child abuse and neglect
3 investigations conducted by the Department and
4 instructions on how the person may obtain access to or
5 copies of those statutory and regulatory provisions;
6 (7) the process the person may use to acquire access
7 to the child who is the subject of the investigation, or to
8 any other child from the household, if the child is
9 removed from the home; and
10 (8) if a petition is filed in court, have a
11 court-appointed attorney if the person is indigent.
12 (b) The Department shall also provide a verbal
13 notification of the person's right to:
14 (1) not speak with any agent of the Department without
15 an attorney present;
16 (2) receive assistance from an attorney;
17 (3) record any interaction or interview the person has
18 with a child protective investigator or any other agent of
19 the Department with the understanding that upon court
20 order the person may be required to disclose the recording
21 to the Department, a law enforcement agency, or another
22 party;
23 (4) refuse to allow a child protective investigator to
24 enter the home or interview the child without a court
25 order;
26 (5) have an attorney present before allowing a child
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1 protective investigator to enter the home or interview the
2 child;
3 (6) withhold consent to the release of any medical or
4 mental health records;
5 (7) withhold consent to any medical or psychological
6 examination of the child;
7 (8) refuse to submit to a drug test; and
8 (9) prior to implementing any safety plan, consult
9 with an attorney prior to agreeing to any proposed safety
10 plan.
11 (c) The Department shall provide a verbal notification to
12 the child of the child's right to have an adult the child is
13 comfortable with present during any investigatory interview
14 with the Department.
15 (d) The child protective investigator assigned to
16 investigate the report of abuse or neglect shall document in
17 the case record that the investigator provided the written
18 summaries and verbal notifications as required under this
19 Section. The Department shall develop a form for the purpose
20 of verifying that a parent, guardian, or legal custodian under
21 investigation for child abuse or neglect received the written
22 summaries and verbal notifications required under this
23 Section. If a parent, guardian, or legal custodian under
24 investigation for child abuse or neglect does not receive the
25 written summaries and verbal notifications, any information
26 obtained from such person by the child protective investigator
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