Illinois 2023-2024 Regular Session

Illinois House Bill HB4220 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	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
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4220 Introduced , by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED:
3	3	325 ILCS 5/7.4b new 325 ILCS 5/7.4b new
4	4	325 ILCS 5/7.4b new
5	5	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.
6	6	LRB103 35208 KTG 65188 b LRB103 35208 KTG 65188 b
7	7	LRB103 35208 KTG 65188 b
8	8	A BILL FOR
9	9	HB4220LRB103 35208 KTG 65188 b HB4220 LRB103 35208 KTG 65188 b
10	10	HB4220 LRB103 35208 KTG 65188 b
11	11	1 AN ACT concerning children.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Abused and Neglected Child Reporting Act is
15	15	5 amended by adding Section 7.4b as follows:
16	16	6 (325 ILCS 5/7.4b new)
17	17	7 Sec. 7.4b. Notification of parents' and caregivers'
18	18	8 rights.
19	19	9 (a) After initiating an abuse or neglect investigation of
20	20	10 a parent, legal guardian, or other person having legal custody
21	21	11 of a child, the Department shall, at the time of first contact,
22	22	12 provide the person with a written summary of the following
23	23	13 information:
24	24	14 (1) the known allegations and factual claims the
25	25	15 Department is investigating;
26	26	16 (2) the Department's procedures for conducting an
27	27	17 investigation of alleged child abuse or neglect,
28	28	18 including:
29	29	19 (A) a description of the circumstances under which
30	30	20 the Department may take temporary protective custody
31	31	21 of the child and petition a court for temporary
32	32	22 custody of the child;
33	33	23 (B) a statement that State law requires the
34	34
35	35
36	36
37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4220 Introduced , by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED:
38	38	325 ILCS 5/7.4b new 325 ILCS 5/7.4b new
39	39	325 ILCS 5/7.4b new
40	40	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.
41	41	LRB103 35208 KTG 65188 b LRB103 35208 KTG 65188 b
42	42	LRB103 35208 KTG 65188 b
43	43	A BILL FOR
44	44
45	45
46	46
47	47
48	48
49	49	325 ILCS 5/7.4b new
50	50
51	51
52	52
53	53	LRB103 35208 KTG 65188 b
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63	HB4220 LRB103 35208 KTG 65188 b
64	64
65	65
66	66	HB4220- 2 -LRB103 35208 KTG 65188 b HB4220 - 2 - LRB103 35208 KTG 65188 b
67	67	HB4220 - 2 - LRB103 35208 KTG 65188 b
68	68	1 Department to refer all reports of alleged child abuse
69	69	2 or neglect to the appropriate local law enforcement
70	70	3 agency for consideration of a separate criminal
71	71	4 investigation or other action;
72	72	5 (C) an explanation that any statement or admission
73	73	6 the person makes to a child protective investigator or
74	74	7 to any other individual may be used against the
75	75	8 person:
76	76	9 (i) in a criminal case;
77	77	10 (ii) as a basis to temporarily or permanently
78	78	11 remove from the person's care, custody, or control
79	79	12 the child who is the subject of the investigation
80	80	13 or any other child in the household; or
81	81	14 (iii) as a basis to terminate the person's
82	82	15 parental rights, guardianship, or custodianship of
83	83	16 the child who is the subject of the investigation
84	84	17 or of any other child in the household;
85	85	18 (3) the person's right to file a complaint with the
86	86	19 Department or request a review of the Department's
87	87	20 investigative findings;
88	88	21 (4) the person's right to review all records of the
89	89	22 Department's investigation within 24 hours of making the
90	90	23 request unless such review would undermine an ongoing
91	91	24 criminal investigation or jeopardize the child's safety,
92	92	25 such as protected confidential information;
93	93	26 (5) the person's right to seek legal counsel;
94	94
95	95
96	96
97	97
98	98
99	99	HB4220 - 2 - LRB103 35208 KTG 65188 b
100	100
101	101
102	102	HB4220- 3 -LRB103 35208 KTG 65188 b HB4220 - 3 - LRB103 35208 KTG 65188 b
103	103	HB4220 - 3 - LRB103 35208 KTG 65188 b
104	104	1 (6) citations to the statutory and regulatory
105	105	2 provisions governing child abuse and neglect
106	106	3 investigations conducted by the Department and
107	107	4 instructions on how the person may obtain access to or
108	108	5 copies of those statutory and regulatory provisions;
109	109	6 (7) the process the person may use to acquire access
110	110	7 to the child who is the subject of the investigation, or to
111	111	8 any other child from the household, if the child is
112	112	9 removed from the home; and
113	113	10 (8) if a petition is filed in court, have a
114	114	11 court-appointed attorney if the person is indigent.
115	115	12 (b) The Department shall also provide a verbal
116	116	13 notification of the person's right to:
117	117	14 (1) not speak with any agent of the Department without
118	118	15 an attorney present;
119	119	16 (2) receive assistance from an attorney;
120	120	17 (3) record any interaction or interview the person has
121	121	18 with a child protective investigator or any other agent of
122	122	19 the Department with the understanding that upon court
123	123	20 order the person may be required to disclose the recording
124	124	21 to the Department, a law enforcement agency, or another
125	125	22 party;
126	126	23 (4) refuse to allow a child protective investigator to
127	127	24 enter the home or interview the child without a court
128	128	25 order;
129	129	26 (5) have an attorney present before allowing a child
130	130
131	131
132	132
133	133
134	134
135	135	HB4220 - 3 - LRB103 35208 KTG 65188 b
136	136
137	137
138	138	HB4220- 4 -LRB103 35208 KTG 65188 b HB4220 - 4 - LRB103 35208 KTG 65188 b
139	139	HB4220 - 4 - LRB103 35208 KTG 65188 b
140	140	1 protective investigator to enter the home or interview the
141	141	2 child;
142	142	3 (6) withhold consent to the release of any medical or
143	143	4 mental health records;
144	144	5 (7) withhold consent to any medical or psychological
145	145	6 examination of the child;
146	146	7 (8) refuse to submit to a drug test; and
147	147	8 (9) prior to implementing any safety plan, consult
148	148	9 with an attorney prior to agreeing to any proposed safety
149	149	10 plan.
150	150	11 (c) The Department shall provide a verbal notification to
151	151	12 the child of the child's right to have an adult the child is
152	152	13 comfortable with present during any investigatory interview
153	153	14 with the Department.
154	154	15 (d) The child protective investigator assigned to
155	155	16 investigate the report of abuse or neglect shall document in
156	156	17 the case record that the investigator provided the written
157	157	18 summaries and verbal notifications as required under this
158	158	19 Section. The Department shall develop a form for the purpose
159	159	20 of verifying that a parent, guardian, or legal custodian under
160	160	21 investigation for child abuse or neglect received the written
161	161	22 summaries and verbal notifications required under this
162	162	23 Section. If a parent, guardian, or legal custodian under
163	163	24 investigation for child abuse or neglect does not receive the
164	164	25 written summaries and verbal notifications, any information
165	165	26 obtained from such person by the child protective investigator
166	166
167	167
168	168
169	169
170	170
171	171	HB4220 - 4 - LRB103 35208 KTG 65188 b
172	172
173	173
174	174	HB4220- 5 -LRB103 35208 KTG 65188 b HB4220 - 5 - LRB103 35208 KTG 65188 b
175	175	HB4220 - 5 - LRB103 35208 KTG 65188 b
176	176
177	177
178	178
179	179
180	180
181	181	HB4220 - 5 - LRB103 35208 KTG 65188 b