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142 | | - | 1 caretakers, including the child's parent, guardian, foster |
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143 | | - | 2 parent, child care provider, teachers, counselors, family |
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144 | | - | 3 members, relatives, and other persons who may have |
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145 | | - | 4 knowledge regarding the alleged maltreatment and the care |
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146 | | - | 5 of the child. |
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147 | | - | 6 (D) Information on the existence of domestic abuse and |
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148 | | - | 7 violence in the home of the child, and substance abuse. |
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149 | | - | 8 Nothing in this subsection (a-5) precludes the Department |
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150 | | - | 9 from collecting other relevant information necessary to |
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151 | | - | 10 conduct the assessment or investigation. Nothing in this |
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152 | | - | 11 subsection (a-5) shall be construed to allow the name or |
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153 | | - | 12 identity of a reporter to be disclosed in violation of the |
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154 | | - | 13 protections afforded under Section 7.19 of this Act. |
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155 | | - | 14 After conducting the family assessment, the Department |
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156 | | - | 15 shall determine whether services are needed to address the |
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157 | | - | 16 safety of the child and other family members and the risk of |
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158 | | - | 17 subsequent abuse or neglect. |
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159 | | - | 18 Upon completion of the family assessment, if the |
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160 | | - | 19 Department concludes that no services shall be offered, then |
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161 | | - | 20 the case shall be closed. If the Department concludes that |
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162 | | - | 21 services shall be offered, the Department shall develop a |
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163 | | - | 22 family preservation plan and offer or refer services to the |
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164 | | - | 23 family. |
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165 | | - | 24 At any time during a family assessment, if the Department |
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166 | | - | 25 believes there is any reason to stop the assessment and |
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167 | | - | 26 conduct an investigation based on the information discovered, |
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168 | | - | |
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178 | | - | 1 the Department shall do so. |
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179 | | - | 2 The procedures available to the Department in conducting |
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180 | | - | 3 investigations under this Act shall be followed as appropriate |
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181 | | - | 4 during a family assessment. |
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182 | | - | 5 If the Department implements a differential response |
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183 | | - | 6 program authorized under this subsection (a-5), the Department |
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184 | | - | 7 shall arrange for an independent evaluation of the program for |
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185 | | - | 8 at least the first 3 years of implementation to determine |
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186 | | - | 9 whether it is meeting the goals in accordance with Section 2 of |
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187 | | - | 10 this Act. |
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188 | | - | 11 The Department may adopt administrative rules necessary |
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189 | | - | 12 for the execution of this Section, in accordance with Section |
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190 | | - | 13 4 of the Children and Family Services Act. |
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191 | | - | 14 The Department shall submit a report to the General |
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192 | | - | 15 Assembly by January 15, 2018 on the implementation progress |
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193 | | - | 16 and recommendations for additional needed legislative changes. |
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194 | | - | 17 (b)(1) The following procedures shall be followed in the |
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195 | | - | 18 investigation of all reports of suspected abuse or neglect of |
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196 | | - | 19 a child, except as provided in subsection (c) of this Section. |
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197 | | - | 20 (2) If, during a family assessment authorized by |
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198 | | - | 21 subsection (a-5) or an investigation, it appears that the |
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199 | | - | 22 immediate safety or well-being of a child is endangered, that |
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200 | | - | 23 the family may flee or the child disappear, or that the facts |
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201 | | - | 24 otherwise so warrant, the Child Protective Service Unit shall |
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202 | | - | 25 commence an investigation immediately, regardless of the time |
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203 | | - | 26 of day or night. All other investigations shall be commenced |
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214 | | - | 1 within 24 hours of receipt of the report. Upon receipt of a |
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215 | | - | 2 report, the Child Protective Service Unit shall conduct a |
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216 | | - | 3 family assessment authorized by subsection (a-5) or begin an |
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217 | | - | 4 initial investigation and make an initial determination |
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218 | | - | 5 whether the report is a good faith indication of alleged child |
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219 | | - | 6 abuse or neglect. |
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220 | | - | 7 (3) Based on an initial investigation, if the Unit |
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221 | | - | 8 determines the report is a good faith indication of alleged |
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222 | | - | 9 child abuse or neglect, then a formal investigation shall |
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223 | | - | 10 commence and, pursuant to Section 7.12 of this Act, may or may |
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224 | | - | 11 not result in an indicated report. The formal investigation |
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225 | | - | 12 shall include: direct contact with the subject or subjects of |
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226 | | - | 13 the report as soon as possible after the report is received; an |
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227 | | - | 14 evaluation of the environment of the child named in the report |
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228 | | - | 15 and any other children in the same environment; a |
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229 | | - | 16 determination of the risk to such children if they continue to |
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230 | | - | 17 remain in the existing environments, as well as a |
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231 | | - | 18 determination of the nature, extent and cause of any condition |
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232 | | - | 19 enumerated in such report; the name, age and condition of |
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233 | | - | 20 other children in the environment; and an evaluation as to |
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234 | | - | 21 whether there would be an immediate and urgent necessity to |
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235 | | - | 22 remove the child from the environment if appropriate family |
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236 | | - | 23 preservation services were provided. After seeing to the |
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237 | | - | 24 safety of the child or children, the Department shall |
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238 | | - | 25 forthwith notify the subjects of the report in writing, of the |
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239 | | - | 26 existence of the report and their rights existing under this |
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240 | | - | |
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241 | | - | |
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250 | | - | 1 Act in regard to amendment or expungement. To fulfill the |
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251 | | - | 2 requirements of this Section, the Child Protective Service |
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252 | | - | 3 Unit shall have the capability of providing or arranging for |
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253 | | - | 4 comprehensive emergency services to children and families at |
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254 | | - | 5 all times of the day or night. |
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255 | | - | 6 (4) If (i) at the conclusion of the Unit's initial |
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256 | | - | 7 investigation of a report, the Unit determines the report to |
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257 | | - | 8 be a good faith indication of alleged child abuse or neglect |
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258 | | - | 9 that warrants a formal investigation by the Unit, the |
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259 | | - | 10 Department, any law enforcement agency or any other |
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260 | | - | 11 responsible agency and (ii) the person who is alleged to have |
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261 | | - | 12 caused the abuse or neglect is employed or otherwise engaged |
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262 | | - | 13 in an activity resulting in frequent contact with children and |
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263 | | - | 14 the alleged abuse or neglect are in the course of such |
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264 | | - | 15 employment or activity, then the Department shall, except in |
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265 | | - | 16 investigations where the Director determines that such |
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266 | | - | 17 notification would be detrimental to the Department's |
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267 | | - | 18 investigation, inform the appropriate supervisor or |
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268 | | - | 19 administrator of that employment or activity that the Unit has |
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269 | | - | 20 commenced a formal investigation pursuant to this Act, which |
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270 | | - | 21 may or may not result in an indicated report. The Department |
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271 | | - | 22 shall also notify the person being investigated, unless the |
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272 | | - | 23 Director determines that such notification would be |
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273 | | - | 24 detrimental to the Department's investigation. |
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274 | | - | 25 (c) In an investigation of a report of suspected abuse or |
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275 | | - | 26 neglect of a child by a school employee at a school or on |
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276 | | - | |
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286 | | - | 1 school grounds, the Department shall make reasonable efforts |
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287 | | - | 2 to follow the following procedures: |
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288 | | - | 3 (1) Investigations involving teachers shall not, to |
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289 | | - | 4 the extent possible, be conducted when the teacher is |
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290 | | - | 5 scheduled to conduct classes. Investigations involving |
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291 | | - | 6 other school employees shall be conducted so as to |
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292 | | - | 7 minimize disruption of the school day. The school employee |
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293 | | - | 8 accused of child abuse or neglect may have the school |
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294 | | - | 9 employee's superior, the school employee's association or |
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295 | | - | 10 union representative, and the school employee's attorney |
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296 | | - | 11 present at any interview or meeting at which the teacher |
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297 | | - | 12 or administrator is present. The accused school employee |
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298 | | - | 13 shall be informed by a representative of the Department, |
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299 | | - | 14 at any interview or meeting, of the accused school |
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300 | | - | 15 employee's due process rights and of the steps in the |
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301 | | - | 16 investigation process. These due process rights shall also |
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302 | | - | 17 include the right of the school employee to present |
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303 | | - | 18 countervailing evidence regarding the accusations. In an |
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304 | | - | 19 investigation in which the alleged perpetrator of abuse or |
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305 | | - | 20 neglect is a school employee, including, but not limited |
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306 | | - | 21 to, a school teacher or administrator, and the |
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307 | | - | 22 recommendation is to determine the report to be indicated, |
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308 | | - | 23 in addition to other procedures as set forth and defined |
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309 | | - | 24 in Department rules and procedures, the employee's due |
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310 | | - | 25 process rights shall also include: (i) the right to a copy |
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311 | | - | 26 of the investigation summary; (ii) the right to review the |
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312 | | - | |
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313 | | - | |
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322 | | - | 1 specific allegations which gave rise to the investigation; |
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323 | | - | 2 and (iii) the right to an administrator's teleconference |
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324 | | - | 3 which shall be convened to provide the school employee |
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325 | | - | 4 with the opportunity to present documentary evidence or |
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326 | | - | 5 other information that supports the school employee's |
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327 | | - | 6 position and to provide information before a final finding |
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328 | | - | 7 is entered. |
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329 | | - | 8 (2) If a report of neglect or abuse of a child by a |
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330 | | - | 9 teacher or administrator does not involve allegations of |
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331 | | - | 10 sexual abuse or extreme physical abuse, the Child |
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332 | | - | 11 Protective Service Unit shall make reasonable efforts to |
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333 | | - | 12 conduct the initial investigation in coordination with the |
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334 | | - | 13 employee's supervisor. |
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335 | | - | 14 If the Unit determines that the report is a good faith |
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336 | | - | 15 indication of potential child abuse or neglect, it shall |
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337 | | - | 16 then commence a formal investigation under paragraph (3) |
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338 | | - | 17 of subsection (b) of this Section. |
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339 | | - | 18 (3) If a report of neglect or abuse of a child by a |
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340 | | - | 19 teacher or administrator involves an allegation of sexual |
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341 | | - | 20 abuse or extreme physical abuse, the Child Protective Unit |
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342 | | - | 21 shall commence an investigation under paragraph (2) of |
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343 | | - | 22 subsection (b) of this Section. |
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344 | | - | 23 (c-5) In any instance in which a report is made or caused |
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345 | | - | 24 to made by a school district employee involving the conduct of |
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346 | | - | 25 a person employed by the school district, at the time the |
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347 | | - | 26 report was made, as required under Section 4 of this Act, the |
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348 | | - | |
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358 | | - | 1 Child Protective Service Unit shall send a copy of its final |
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359 | | - | 2 finding report to the general superintendent of that school |
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360 | | - | 3 district. |
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361 | | - | 4 (c-10) The Department may recommend that a school district |
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362 | | - | 5 remove a school employee who is the subject of an |
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363 | | - | 6 investigation from the school employee's employment position |
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364 | | - | 7 pending the outcome of the investigation; however, all |
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365 | | - | 8 employment decisions regarding school personnel shall be the |
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366 | | - | 9 sole responsibility of the school district or employer. The |
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367 | | - | 10 Department may not require a school district to remove a |
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368 | | - | 11 school employee from the school employee's employment position |
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369 | | - | 12 or limit the school employee's duties pending the outcome of |
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370 | | - | 13 an investigation. |
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371 | | - | 14 (d) If the Department has contact with an employer, or |
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372 | | - | 15 with a religious institution or religious official having |
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373 | | - | 16 supervisory or hierarchical authority over a member of the |
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374 | | - | 17 clergy accused of the abuse of a child, in the course of its |
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375 | | - | 18 investigation, the Department shall notify the employer or the |
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376 | | - | 19 religious institution or religious official, in writing, when |
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377 | | - | 20 a report is unfounded so that any record of the investigation |
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378 | | - | 21 can be expunged from the employee's or member of the clergy's |
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379 | | - | 22 personnel or other records. The Department shall also notify |
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380 | | - | 23 the employee or the member of the clergy, in writing, that |
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381 | | - | 24 notification has been sent to the employer or to the |
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382 | | - | 25 appropriate religious institution or religious official |
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383 | | - | 26 informing the employer or religious institution or religious |
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384 | | - | |
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394 | | - | 1 official that the Department's investigation has resulted in |
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395 | | - | 2 an unfounded report. |
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396 | | - | 3 (d-1) Whenever a report alleges that a child was abused or |
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397 | | - | 4 neglected while receiving care in a hospital, including a |
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398 | | - | 5 freestanding psychiatric hospital licensed by the Department |
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399 | | - | 6 of Public Health, the Department shall send a copy of its final |
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400 | | - | 7 finding to the Director of Public Health and the Director of |
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401 | | - | 8 Healthcare and Family Services. |
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402 | | - | 9 (d-1.5) For the purposes of this Section, "medical |
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403 | | - | 10 professional" means any physician, nurse practitioner, |
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404 | | - | 11 physician assistant, nurse, resident, or subspecialist who is |
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405 | | - | 12 not part of the child's initial care team and whose |
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406 | | - | 13 involvement is pursuant to any contract, memorandum of |
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407 | | - | 14 understanding, or other agreement with the Department or an |
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408 | | - | 15 entity that is accredited by statute to collaborate with the |
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409 | | - | 16 Department for purposes of child abuse investigations. |
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410 | | - | 17 (d-2) In any investigation involving a medical |
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411 | | - | 18 professional conducted in accordance with this Act, the |
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412 | | - | 19 following protections shall be provided to the parent or |
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413 | | - | 20 guardian of the child at the center of an investigation: |
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414 | | - | 21 (1) The medical professional must explain to the |
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415 | | - | 22 parent or guardian of the child, whenever the medical |
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416 | | - | 23 professional has direct contact with the child or the |
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417 | | - | 24 family of the child, that the medical professional is |
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418 | | - | 25 involved for the purpose of providing an opinion to the |
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419 | | - | 26 Department regarding whether the child's injury or |
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420 | | - | |
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430 | | - | 1 condition is suspicious for child maltreatment. The |
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431 | | - | 2 medical professional must explain that he or she may be |
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432 | | - | 3 required to communicate with law enforcement and provide |
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433 | | - | 4 court testimony. The medical professional must also |
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434 | | - | 5 provide the child's parent or guardian with accurate |
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435 | | - | 6 information about his or her medical specialties. |
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436 | | - | 7 (2) In any investigation where a medical professional |
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437 | | - | 8 is providing a medical opinion to the Department, the |
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438 | | - | 9 Department shall inform the parent or guardian of the |
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439 | | - | 10 child at the center of an investigation: |
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440 | | - | 11 (A) of his or her right to request and receive a |
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441 | | - | 12 copy of the medical professional's opinion, including |
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442 | | - | 13 the basis for the opinion, and a copy of any written |
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443 | | - | 14 report the medical professional has provided to the |
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444 | | - | 15 Department; |
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445 | | - | 16 (B) of his or her right to obtain, at his or her |
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446 | | - | 17 own expense, and submit to the Department a second |
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447 | | - | 18 medical opinion for consideration in the investigation |
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448 | | - | 19 at any time prior to the conclusion of the |
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449 | | - | 20 investigation; |
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450 | | - | 21 (C) that any second medical opinion submitted to |
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451 | | - | 22 the Department prior to the Department rendering a |
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452 | | - | 23 final determination in the investigation will be |
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453 | | - | 24 considered as inculpatory or exculpatory evidence; and |
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454 | | - | 25 (D) of the Department's time frames for the |
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455 | | - | 26 investigative process. |
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456 | | - | |
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466 | | - | 1 (d-3) The Department shall annually prepare and make |
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467 | | - | 2 available on the Department's Reports and Statistics webpage a |
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468 | | - | 3 report on the number of investigations in which a medical |
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469 | | - | 4 professional has provided an opinion to the Department. The |
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470 | | - | 5 report shall not contain any personally identifiable |
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471 | | - | 6 information about a child referred, the family members of such |
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472 | | - | 7 a child, or the medical professional. If the number of cases in |
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473 | | - | 8 any category of information under items (4) through (9) of |
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474 | | - | 9 this subsection is less than 10, the Department shall not |
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475 | | - | 10 include that information in the report. The first report must |
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476 | | - | 11 be posted within 9 months after the effective date of this |
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477 | | - | 12 amendatory Act of the 103rd General Assembly. The first report |
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478 | | - | 13 and each annual report thereafter shall contain the following |
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479 | | - | 14 information regarding cases referred by the Department to a |
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480 | | - | 15 medical professional: |
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481 | | - | 16 (1) The total number of abuse or neglect cases in |
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482 | | - | 17 which a medical professional has provided an opinion to |
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483 | | - | 18 the Department, with separate line items for: |
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484 | | - | 19 (A) the total number of abuse and neglect cases |
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485 | | - | 20 that the Department determined were indicated but were |
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486 | | - | 21 appealed and the outcomes of those appeals, organized |
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487 | | - | 22 as follows: |
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488 | | - | 23 (i) first, by the total number of indicated |
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489 | | - | 24 cases appealed via administrative appeal hearing |
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490 | | - | 25 before an administrative law judge and the |
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491 | | - | 26 outcomes of those hearings; and |
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492 | | - | |
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502 | | - | 1 (ii) second, by the total number of cases in |
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503 | | - | 2 which an administrative law judge's affirmance of |
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504 | | - | 3 the indicated findings was appealed to a court and |
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505 | | - | 4 the outcomes of the court's findings; and |
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506 | | - | 5 (B) the total number of abuse and neglect cases |
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507 | | - | 6 that were indicated by the Department but indicated as |
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508 | | - | 7 to an unknown perpetrator. |
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509 | | - | 8 (2) The total number of abuse or neglect cases |
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510 | | - | 9 referred by the Department to a medical professional that |
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511 | | - | 10 the Department determined were unfounded. |
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512 | | - | 11 (3) The total number of abuse or neglect cases |
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513 | | - | 12 referred by the Department to a medical professional in |
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514 | | - | 13 which a petition for adjudication of wardship was filed. |
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515 | | - | 14 (4) The total number of abuse and neglect cases |
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516 | | - | 15 referred by the Department to a medical professional under |
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517 | | - | 16 paragraphs (1), (2), and (3) organized by abuse |
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518 | | - | 17 allegation. |
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519 | | - | 18 (5) The total number of abuse and neglect cases |
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520 | | - | 19 referred by the Department to a medical professional under |
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521 | | - | 20 paragraphs (1), (2), and (3) organized by DCFS region. |
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522 | | - | 21 (6) The total number of abuse and neglect cases |
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523 | | - | 22 referred by the Department to a medical professional under |
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524 | | - | 23 paragraphs (1), (2), and (3) organized by race of the |
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525 | | - | 24 child. |
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526 | | - | 25 (7) The total number of abuse and neglect cases |
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527 | | - | 26 referred by the Department to a medical professional under |
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528 | | - | |
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529 | | - | |
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530 | | - | |
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531 | | - | |
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532 | | - | |
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533 | | - | SB0378 Engrossed - 15 - LRB103 02786 KTG 47792 b |
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534 | | - | |
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535 | | - | |
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536 | | - | SB0378 Engrossed- 16 -LRB103 02786 KTG 47792 b SB0378 Engrossed - 16 - LRB103 02786 KTG 47792 b |
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537 | | - | SB0378 Engrossed - 16 - LRB103 02786 KTG 47792 b |
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538 | | - | 1 paragraphs (1), (2), and (3) organized by gender of the |
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539 | | - | 2 child. |
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540 | | - | 3 (8) The total number of abuse and neglect cases under |
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541 | | - | 4 paragraphs (1), (2), and (3) involving children with |
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542 | | - | 5 safety plans. |
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543 | | - | 6 (9) The total number of abuse and neglect cases under |
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544 | | - | 7 paragraphs (1), (2), and (3) where the child was put in |
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545 | | - | 8 protective custody. |
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546 | | - | 9 (e) Upon request by the Department, the Illinois State |
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547 | | - | 10 Police and law enforcement agencies are authorized to provide |
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548 | | - | 11 criminal history record information as defined in the Illinois |
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549 | | - | 12 Uniform Conviction Information Act and information maintained |
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550 | | - | 13 in the adjudicatory and dispositional record system as defined |
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551 | | - | 14 in Section 2605-355 of the Illinois State Police Law to |
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552 | | - | 15 properly designated employees of the Department of Children |
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553 | | - | 16 and Family Services if the Department determines the |
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554 | | - | 17 information is necessary to perform its duties under the |
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555 | | - | 18 Abused and Neglected Child Reporting Act, the Child Care Act |
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556 | | - | 19 of 1969, and the Children and Family Services Act. The request |
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557 | | - | 20 shall be in the form and manner required by the Illinois State |
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558 | | - | 21 Police. Any information obtained by the Department of Children |
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559 | | - | 22 and Family Services under this Section is confidential and may |
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560 | | - | 23 not be transmitted outside the Department of Children and |
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561 | | - | 24 Family Services other than to a court of competent |
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562 | | - | 25 jurisdiction or unless otherwise authorized by law. Any |
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563 | | - | 26 employee of the Department of Children and Family Services who |
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564 | | - | |
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565 | | - | |
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566 | | - | |
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567 | | - | |
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568 | | - | |
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569 | | - | SB0378 Engrossed - 16 - LRB103 02786 KTG 47792 b |
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570 | | - | |
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571 | | - | |
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572 | | - | SB0378 Engrossed- 17 -LRB103 02786 KTG 47792 b SB0378 Engrossed - 17 - LRB103 02786 KTG 47792 b |
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573 | | - | SB0378 Engrossed - 17 - LRB103 02786 KTG 47792 b |
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574 | | - | |
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575 | | - | |
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576 | | - | |
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577 | | - | |
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578 | | - | |
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579 | | - | SB0378 Engrossed - 17 - LRB103 02786 KTG 47792 b |
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| 49 | + | SB0378 LRB103 02786 KTG 47792 b |
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