Current through Register Vol. 48, No. 38, September 20, 2024
a) Beginning the Formal Investigation
The formal investigation begins as soon as investigative staff
make a determination following the initial investigation that there is
reasonable cause to believe that child abuse or neglect exists. Any actions
described below which were taken during the initial investigation need not be
repeated. Any time frames listed in Section
300.90 which apply
to the formal investigation mentioned below are retroactive to the beginning of
the initial investigation.
b) Notifications During the Formal
Investigation
1) During the first contact,
after the formal investigation has begun, with the child's custodial parent,
personal guardian, or legal custodian and the alleged perpetrator, the
investigative staff shall notify them in writing that:
A) the Department has received a report
alleging abuse or neglect of their child; and
B) the Department is legally mandated to
investigate all child abuse or neglect reports; and
C) information concerning the report has been
entered into the Department's files; and
D) the Department will work confidentially
with them unless it becomes necessary to share information with authorized
individuals or agencies as provided by law in 89 Ill. Adm. Code 431;
and
E) the subjects have the right
of access to the information in the report with the exception of information
which would identify the reporter or persons who cooperated in the
investigation.
2)
Department investigative staff shall not give Miranda warnings to alleged
perpetrators.
c)
Required Investigative Contacts
Investigative staff shall have direct, in-person contact with
the alleged child victim, the alleged perpetrator, and the child's caretaker
within seven days of the date the report was received, except in those
situations noted in Section
300.110(d).
If the subjects of the report do not speak the English language, an interpreter
shall be obtained or a worker assigned who speaks the same language as the
subjects of the reports.
d)
Situations Where the Contact Requirement is Waived
1) In-person contact is not required when:
A) any subject of a child abuse or neglect
report refuses to meet with or speak to the investigative worker; and
B) the worker has attempted to involve the
local law enforcement agency or the State's Attorney, but this has failed to
gain cooperation.
2)
In-person contact is not required when it is documented that a child abuse or
neglect subject is inaccessible.
3)
In-person contact is not required when it is documented that the investigative
worker has made a good faith attempt to locate the subjects of the report, but
cannot, after a diligent search, locate them.
e) Collateral Contacts
The Department may make collateral contacts with persons other
than the subjects of the report or the reporter to obtain further information
regarding suspected child abuse or neglect. When determining whether collateral
contacts should be made, the Department shall weigh:
1) the allegations contained in the
report;
2) the severity of the
incident; and
3) the likelihood
that the collateral contact will have relevant information about the
allegations or the incident.
f) Administrative Subpoenas
If a mandated reporter who is believed to have information
about the subject of a report is not allowed or refuses to speak with or
provide documents to a child protective service worker about the reported child
or family, an administrative subpoena may be issued to obtain the necessary
information. This applies regardless of whether the mandated reporter made the
report being investigated. In addition, if a parent, personal guardian, legal
custodian, or alleged perpetrator refuses to meet with or speak to a child
protective service worker, a subpoena may be issued to obtain the necessary
information.
g) Photographs
and X-rays
1) Department investigative staff
may take or obtain color photographs and x-rays of a child who is the subject
of an abuse or neglect report when the child has observable marks or injuries
believed to be caused by abuse or neglect. When the child's environment creates
a substantial risk of injury or other harm, photographs may be taken of the
child's environment.
2) If the
child's parents, personal guardian, or legal custodian can be located, he or
she shall be notified of the Department's intent to secure the photographs or
x-rays.
h) Immunity from
Liability
1) Any persons, institutions, or
agencies shall have immunity from any liability if they, in good faith:
A) report suspected child abuse or
neglect;
B) assist in the
investigation of a child abuse or neglect report;
C) take temporary protective custody in
accordance with Section
300.120;
or
D) take photographs or x-rays to
substantiate the abuse or neglect report.
2) For purpose of any civil or criminal
liability, a person's good faith in taking the above actions shall be
presumed.
i) Final
Determinations Regarding Child Abuse or Neglect
1) Investigative staff in their role as
mandated reporters may add allegations of abuse or neglect or subjects to a
report during the course of the investigation.
2) Upon completion of a formal investigation
of abuse or neglect, investigative staff shall make a final determination as to
whether a child was abused or neglected. This determination shall be based upon
whether the information gathered from other persons during the investigation
and the direct observations made by the investigative staff during the
investigation constitute credible evidence of child abuse or neglect.
3) Allegations may be determined to be
indicated, undetermined, or unfounded.
A)
When credible evidence of abuse or neglect has been obtained pertinent to an
allegation, the allegation is indicated.
i) If
any allegation of child abuse or neglect is indicated, the report is
indicated.
ii) Investigative staff
shall not determine that a report is indicated based solely upon the existence
of a prior unfounded report or reports.
iii) A court finding of child abuse or
neglect shall be presumptive evidence that the report is indicated.
B) When credible evidence of abuse
or neglect has not been obtained, the allegation is unfounded. If all
allegations of child abuse or neglect are unfounded, the report is
unfounded.
C) When investigative
staff have been unable, for good cause, to gather sufficient facts to support a
decision within 60 days of the date the report was received, the allegation
shall be considered undetermined. Additional periods of 30 days shall then be
permitted to complete the investigation, after which a determination shall be
made. In the absence of credible evidence of abuse or neglect, the allegations
and the report shall be designated unfounded.
D) Good cause for extending the period for
making a determination an additional 30 days may include but is not limited to
the following reasons:
i) State's attorneys
or law enforcement officials have requested that the Department delay making a
determination due to a pending criminal investigation.
ii) Medical or autopsy reports needed to make
a determination are still pending after the initial 60 day period.
iii) The report involves an out-of-state
investigation and the delay is beyond the Department's control.
iv) Multiple alleged perpetrators or victims
are involved necessitating more time in gathering evidence and conducting
interviews.
