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Bill > HB4220


IL HB4220

IL HB4220
DCFS-PARENTS' RIGHTS-NOTICE


summary

Introduced
11/07/2023
In Committee
04/05/2024
Crossed Over
Passed
Dead
01/08/2025

Introduced Session

103rd General Assembly

Bill Summary

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.

AI Summary

This bill amends the Abused and Neglected Child Reporting Act to require the Department of Children and Family Services (DCFS) 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. The written summaries must include information about the allegations being investigated, DCFS's investigation procedures, the person's rights (such as the right to file a complaint, review investigation records, and have an attorney), and the process for accessing the child if they are removed from the home. The verbal notifications must inform the person of their rights, such as the right to not speak with DCFS without an attorney, record interactions, refuse to allow DCFS to enter the home or interview the child without a court order, and withhold consent for certain examinations or tests. The bill also requires DCFS to verbally notify the child of their right to have an adult present during interviews, and to document in the case record that the required written and verbal notifications were provided. If the notifications are not provided, any information obtained from the person under investigation cannot be used as evidence against them in civil proceedings.

Committee Categories

Health and Social Services

Sponsors (1)

Last Action

Session Sine Die (on 01/07/2025)

bill text


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