Illinois Administrative Code
Title 89 - SOCIAL SERVICES
Part 300 - REPORTS OF CHILD ABUSE AND NEGLECT
Section 300.130 - Notices Whether Child Abuse or Neglect Occurred
Universal Citation: 89 IL Admin Code ยง 300.130
Current through Register Vol. 48, No. 38, September 20, 2024
a) Written Notices of Decision
The Department provides a written notice to mandated reporters who reported suspected child abuse or neglect as well as to the child's parent, personal guardian, or legal custodian; the Juvenile Court Judge (when a State ward is involved); and the alleged perpetrator concerning the final determination of the report.
b) Mandated Reporters
1) Mandated reporters who have reported
suspected child abuse or neglect are informed via a written notice that a
formal investigation was conducted. The written notice also provides an
explanation of how further information on an indicated report may be secured.
Department staff will notify them in writing:
A) of the name of the child who was the
subject of a report of abuse or neglect;
B) whether the report was indicated or
unfounded;
C) whether the
Department took temporary protective custody.
2) Requests for additional information must
be directed, in writing, to the State Central Register and must include:
A) the identity of the requestor;
B) the subject's name for whom the record is
requested;
C) a notary public's
attestation as to the identity of the requestor;
D) the purpose of the request.
3) Upon receipt of an appropriate
request, only the following information will be disclosed to the mandated
reporter:
A) whether a Department case has
been opened for the family or children; and
B) what Department services are being
provided to the family or children.
4) All requested information is sent in
writing through certified mail and is deliverable only to the mandated reporter
who made the request.
5) Whenever
the Department determines that a reported incident of child abuse or neglect
from a mandated reporter is unfounded, the mandated reporter may request a
review of the investigation within ten days after the notification of the final
findings. Multi-disciplinary Review Committees established in each of the
Department's regions shall conduct requested reviews.
6) Multi-disciplinary Review Committees shall
draw upon the expertise of the Child Death Review Teams (see Section
300.170
of this Part). Each committee shall be composed of a health care professional,
Department employee, law enforcement official, licensed social worker, and
representative of a State's Attorney's office. When appointing committee
members, primary consideration shall be given to candidates with prior child
abuse and neglect case experience.
7) Multi-disciplinary Review Committees will
have access to all information in the Department's possession related to the
case being reviewed. Committee recommendations concerning the adequacy of the
investigation and accuracy of the final finding determination shall be made to
the regional Child Protection Manager.
8) Department records of investigations
provided to committees and committee recommendation reports shall not be public
record.
c) Parents, Personal Guardians, Legal Custodians, and Alleged Perpetrators
1) Custodial and non-custodial parents,
personal guardians, or legal custodians of child subjects, and alleged
perpetrators shall receive notification within five calendar days after the
report has been indicated or unfounded which indicate that the allegations were
either:
A) unfounded, and that all
identifying information in the computer and local index files will be retained
in accordance with 89 Ill. Adm. Code 431 (Confidentiality of Information of
Persons Served by the Department); or
B) indicated, and all Department records will
be maintained intact.
2)
In addition, written notices shall explain that:
A) the subjects of the report have access to
the Department's records on the report, with the exception of the identity of
the reporter or other persons who cooperated in the investigation;
B) the subjects of the report have the right
to request a review of the determination that the report was indicated
including the decision to maintain a record of the report in the Department's
computer and local index files. 89 Ill. Adm. Code 336 (Appeal of Child Abuse
and Neglect Investigation Findings) fully explains the Department's review and
appeal process; and
C) the subjects
of the report may request, within 10 days of the date on the written notice,
that an unfounded report be retained in the Department's computer and local
index files, if the subjects of the report believe the report was not made in
good faith. All such requests will be honored.
d) Extended Family
An extended family member interviewed for relevant information during the course of an investigation by the Child Protective Service Unit may request and receive the following information about the findings and actions taken by the Child Protective Service Unit to ensure the safety of the child or children who were the subjects of the investigation:
1) name of the child who was the subject of
the abuse or neglect report;
2)
whether the report was indicated or unfounded;
3) whether the Department took protective
custody;
4) whether a Department
case has been opened for the family or children;
5) what Department services are being
provided the family or children; and
6) whether a safety plan has been
established.
e) Child's School
1) The Department shall send a copy of
final finding reports involving indicated allegations of physical or sexual
abuse to the indicated victim's school within ten days after the investigation
is completed. Reports completed during the summer months shall be sent to the
last known school attended by the child.
2) The final finding report shall be sent
confidential and the school shall ensure that the report remains confidential
in accordance with the Illinois School Student Records Act.
3) The victim's school shall purge the final
finding report from the student's record and return the report to the
Department upon notification from the Department that the report was overturned
in an appeal or hearing or an indicated finding has been expunged from the
State Central Register or that the Department has determined that the child is
no longer at risk of physical or sexual harm.
f) Other Parties
The Department shall notify, in writing, those supervisors or administrators referenced in Section 300.100(i) of this Part whether a report involving the persons they supervise was indicated or unfounded and, if unfounded, that Section 13 of the Personnel Record Review Act [820 ILCS 40/13] requires that any record of the investigation must be expunged from the employee's personnel records. The Department shall also notify the employee, in writing, that notification has been sent to the employer informing the employer that the Department's investigation has resulted in an unfounded report. The notice to the employee shall also contain a statement of the employee's right to take the notice to the employer to have any record of the investigation expunged from the employee's record.
g) Child Abuse and Neglect Reports on Children in Department Custody
1) When a child is reported to the Department
as being abused or neglected while in a foster home or relative home placement,
whether by the foster parent, caregiver, or any other person residing in the
home, the Department shall promptly notify the following persons when the
report has been made, when an investigation is pending, and when the report has
been indicated or unfounded:
A) the parents or
private guardians of the alleged abuse or neglect victim;
B) all Department caseworkers or case
managers responsible for the alleged victim and for any other children in the
same foster home or relative home placement;
C) those persons designated by the Director
as responsible for evaluating the investigation and the disposition of the
report;
D) Department staff
responsible for licensing and making placements with the facility.
2) When a child is reported to the
Department as being abused or neglected while in residential placement, the
Department shall promptly notify the following persons when the report has been
made, an investigation is pending, and when the report has been indicated or
unfounded:
A) the parents or private
guardians of the alleged abuse or neglect victim;
B) those Department caseworkers or case
managers responsible for the alleged victim, for each child alleged to be a
witness to the incident, and for each child alleged to be a perpetrator of the
incident;
C) those persons
designated by the Director responsible for evaluating the investigation and the
disposition of the report;
D)
Department staff responsible for licensing and making placements with the
facility.
3) The
Department shall notify the following when a report involving a child in
Department custody is indicated:
A) the
Juvenile Court. If services are being provided by the Department or its
providers, the notice shall also give the name and location of the Department
office serving the children;
B) the
Department's administrative case reviewer responsible for reviewing the case
plans of the children involved.
4) The Department shall transmit a copy of
the report to the guardian ad litem appointed under the Juvenile Court Act of
1987 when a report has been indicated, unfounded, or undetermined and the minor
who is the subject of the report is also the minor for whom the guardian ad
litem has been appointed.
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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