2005 Illinois Code - Chapter 20 Executive Branch 20 ILCS 515/ Child Death Review Team Act.
(20 ILCS 515/1)
Sec. 1.
Short title.
This Act may be cited as the Child Death Review Team Act.
(Source: P.A. 88‑614, eff. 9‑7‑94.)
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(20 ILCS 515/5)
Sec. 5.
State policy.
The following statements are the policy of this
State:
(1) Every child is entitled to live in safety and in health and to survive
into adulthood.
(2) Responding to child deaths is a State and a community responsibility.
(3) When a child dies, the response by the State and the community to the
death must include an accurate and complete determination of the cause of
death, the provision of services to surviving family members, and the
development and implementation of measures to prevent future deaths from
similar causes. The response may include court action, including prosecution
of persons who may be responsible for the death and juvenile proceedings to
protect other children in the care of the person responsible for the care of
the child who died.
(4) Professionals from disparate disciplines and agencies who have
responsibilities for children and expertise that can promote child safety and
well‑being should share their expertise and knowledge so that the goals of
determining the causes of children's deaths, planning and providing services to
surviving children and nonoffending family members, and preventing future child
deaths can be achieved.
(5) A greater understanding of the incidence and causes of child deaths is
necessary if the State is to prevent future child deaths.
(6) Multidisciplinary and multiagency reviews of child deaths can
assist the State and counties in (i) investigating child deaths, (ii)
developing a greater understanding of the incidence and causes of child deaths
and the methods for preventing those deaths, and (iii) identifying gaps in
services to children and families.
(7) Access to information regarding deceased children and their families by
multidisciplinary and multiagency child death review teams is necessary for
those teams to achieve their purposes and duties.
(Source: P.A. 88‑614, eff. 9‑7‑94.)
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(20 ILCS 515/10)
Sec. 10.
Definitions.
As used in this Act, unless the context requires
otherwise:
"Child" means any person under the age of 18 years unless legally
emancipated by reason of marriage or entry into a branch of the United States
armed services.
"Department" means the Department of Children and Family Services.
"Director" means the Director of Children and Family Services.
"Executive Council" means the Illinois Child Death Review Teams Executive
Council.
(Source: P.A. 92‑468, eff. 8‑22‑01.)
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(20 ILCS 515/15)
Sec. 15.
Child death review teams; establishment.
(a) The Director, in consultation with the Executive Council, law
enforcement, and other
professionals who work in the field of investigating, treating, or preventing
child abuse or neglect in that subregion, shall appoint members to a child
death review
team in each of the Department's administrative subregions of the State outside
Cook County and at least one child death review team in Cook County. The
members of a team shall be appointed for 2‑year terms and
shall be eligible for reappointment upon the expiration of the terms.
(b) Each child death review team shall consist of at least one member from
each of the following categories:
(1) Pediatrician or other physician knowledgeable |
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about child abuse and neglect.
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(2) Representative of the Department.
(3) State's attorney or State's attorney's
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(4) Representative of a local law enforcement agency.
(5) Psychologist or psychiatrist.
(6) Representative of a local health department.
(7) Representative of a school district or other
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education or child care interests.
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(8) Coroner or forensic pathologist.
(9) Representative of a child welfare agency or
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child advocacy organization.
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(10) Representative of a local hospital, trauma
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center, or provider of emergency medical services.
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Each child death review team may make recommendations to the Director
concerning additional appointments.
Each child death review team member must have demonstrated experience and an
interest in investigating, treating, or preventing child abuse or neglect.
(c) Each child death review team shall select a chairperson from among its
members.
The chairperson shall also serve on the Illinois Child Death Review Teams
Executive
Council.
(Source: P.A. 92‑468, eff. 8‑22‑01.)
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(20 ILCS 515/20)
Sec. 20.
Reviews of child deaths.
(a) Every child death shall be reviewed by the team in the subregion which
has
primary case management responsibility. The deceased child must be one of the
following:
(1) A ward of the Department.
(2) The subject of an open service case maintained |
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(3) The subject of a pending child abuse or neglect
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(4) A child who was the subject of an abuse or
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neglect investigation at any time during the 12 months preceding the child's death.
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(5) Any other child whose death is reported to the
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State central register as a result of alleged child abuse or neglect which report is subsequently indicated.
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A child death review team may, at its discretion, review other sudden,
unexpected, or unexplained child deaths.
(b) A child death review team's purpose in conducting reviews of child
deaths
is to do the following:
(1) Assist in determining the cause and manner of
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the child's death, when requested.
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(2) Evaluate means by which the death might have
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(3) Report its findings to appropriate agencies and
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make recommendations that may help to reduce the number of child deaths caused by abuse or neglect.
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(4) Promote continuing education for professionals
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involved in investigating, treating, and preventing child abuse and neglect as a means of preventing child deaths due to abuse or neglect.
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(5) Make specific recommendations to the Director
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and the Inspector General of the Department concerning the prevention of child deaths due to abuse or neglect and the establishment of protocols for investigating child deaths.
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(c) A child death review team shall review a child death as soon as
practical and not later than
90 days following
the
completion by the Department of the investigation of the death under the
Abused and Neglected Child Reporting Act. When there has been no investigation
by the Department, the child death review team shall review a child's death
within 90 days after obtaining the information necessary to complete the review
from the coroner, pathologist, medical examiner, or law enforcement agency,
depending on the nature of the case. A child death
review
team shall meet at
least once in
each calendar quarter.
(d) The Director shall, within 90 days, review and reply to recommendations
made by a team under
item (5) of
subsection (b). The Director shall implement recommendations as feasible and
appropriate and shall respond in writing to explain the implementation or
nonimplementation of the recommendations.
(Source: P.A. 90‑239, eff. 7‑28‑97; 90‑608, eff. 6‑30‑98.)
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(20 ILCS 515/25)
Sec. 25.
Team access to information.
(a) The Department shall provide to a child death review team, on the
request of the team chairperson, all records and information in the
Department's
possession that are relevant to the team's review of a child death, including
records and information concerning previous reports or investigations of
suspected child abuse or neglect.
(b) A child death review team shall have access to all records and
information that are relevant to its review of a child death
and in the
possession of a State or local governmental agency. These records and
information include, without limitation, birth certificates, all relevant
medical and mental health records, records of law
enforcement agency investigations, records of coroner or medical examiner
investigations, records of the Department of Corrections concerning a person's
parole, records of a probation and court services department, and records of a
social services agency that provided services
to the child or the child's family.
(Source: P.A. 91‑812, eff. 6‑13‑00.)
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(20 ILCS 515/30)
Sec. 30.
Public access to information.
(a) Meetings of the child death review teams and the Executive
Council shall be closed to the public.
Meetings of the child death review teams and the Executive Council are
not subject to the Open Meetings Act
(5 ILCS 120), as provided in that Act.
(b) Records and information provided to a child death review team and the
Executive Council, and
records maintained by a team or the Executive Council, are confidential and
not subject to the Freedom
of Information Act (5 ILCS 140), as provided in that Act.
Nothing contained in this subsection (b) prevents the sharing or disclosure
of records, other than those produced by a Child Death Review Team or the
Executive Council, relating or
pertaining to the death of a minor under the care of or
receiving services from the Department of Children and Family Services and
under the jurisdiction of the juvenile court with the juvenile court, the
State's Attorney, and the minor's attorney.
(c) Members of a child death review team and the Executive Council
are not subject to examination, in any civil or criminal
proceeding, concerning information presented to members of the team or the
Executive Council or opinions
formed by members of the team or the Executive Council based on that
information. A person may,
however, be examined concerning information provided to a child death review
team or the Executive Council that is otherwise available to the public.
(d) Records and information produced by a child death review team and the
Executive Council are
not subject to discovery or subpoena and are not admissible as evidence in any
civil or criminal proceeding. Those records
and information are, however, subject to discovery or a subpoena, and are
admissible as evidence, to the extent they are otherwise available to the
public.
(Source: P.A. 92‑468, eff. 8‑22‑01)
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(20 ILCS 515/35)
Sec. 35.
Indemnification.
The State shall indemnify and hold harmless
members of a child death
review team and the Executive Council for all their acts, omissions,
decisions, or other conduct arising
out of the scope of their service on the team or Executive Council, except
those involving willful
or wanton misconduct. The method of providing indemnification shall be as
provided in the State Employee Indemnification Act (5 ILCS 350/1 et seq.).
(Source: P.A. 92‑468, eff. 8‑22‑01.)
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(20 ILCS 515/40)
Sec. 40.
Illinois Child Death Review Teams Executive Council.
(a) The Illinois Child Death Review Teams Executive Council, consisting of
the
chairpersons of the 9 child death review teams in Illinois, is the coordinating
and
oversight body for child death review teams and activities in Illinois. The
vice‑chairperson of a child death review team, as designated by the
chairperson, may
serve
as a back‑up member or an alternate member of the Executive Council, if the
chairperson of the child death review team is unavailable to serve on the
Executive Council. The Inspector General of the Department, ex officio, is a
non‑voting member of the Executive Council. The Director may
appoint to the Executive Council any
ex‑officio members deemed necessary. Persons with
expertise needed by the Executive Council may be invited to meetings. The
Executive Council must select from its members a chairperson and a
vice‑chairperson, each
to serve a 2‑year, renewable term.
The Executive Council must meet at least 4 times during each calendar year.
(b) The Department must provide or arrange for the staff support necessary
for the
Executive Council to carry out its duties.
The Director, in cooperation and consultation with the Executive Council, shall
appoint, reappoint, and remove team members.
(c) The Executive Council has, but is not limited to, the following duties:
(1) To serve as the voice of child death review |
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(2) To oversee the regional teams in order to ensure
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that the teams' work is coordinated and in compliance with the statutes and the operating protocol.
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(3) To ensure that the data, results, findings, and
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recommendations of the teams are adequately used to make any necessary changes in the policies, procedures, and statutes in order to protect children in a timely manner.
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(4) To collaborate with the General Assembly, the
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Department, and others in order to develop any legislation needed to prevent child fatalities and to protect children.
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(5) To assist in the development of quarterly and
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annual reports based on the work and the findings of the teams.
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(6) To ensure that the regional teams' review
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processes are standardized in order to convey data, findings, and recommendations in a usable format.
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(7) To serve as a link with child death review teams
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throughout the country and to participate in national child death review team activities.
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(8) To develop an annual statewide symposium to
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update the knowledge and skills of child death review team members and to promote the exchange of information between teams.
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(9) To provide the child death review teams with the
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most current information and practices concerning child death review and related topics.
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(10) To perform any other functions necessary to
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enhance the capability of the child death review teams to reduce and prevent child injuries and fatalities.
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(d) In any instance when a child death review team does not operate in
accordance with
established protocol, the Director, in consultation and cooperation
with the Executive Council,
must take any necessary actions to bring the team into compliance
with the
protocol.
(Source: P.A. 92‑468, eff. 8‑22‑01.)
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(20 ILCS 515/90)
Sec. 90.
(Amendatory provisions; text omitted).
(Source: P.A. 88‑614, eff. 9‑7‑94; text omitted.)
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(20 ILCS 515/92)
Sec. 92.
(Amendatory provisions; text omitted).
(Source: P.A. 88‑614, eff. 9‑7‑94; text omitted.)
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(20 ILCS 515/95)
Sec. 95.
(Amendatory provisions; text omitted).
(Source: P.A. 88‑614, eff. 9‑7‑94; text omitted.)
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(20 ILCS 515/105)
Sec. 105.
(Amendatory provisions; text omitted).
(Source: P.A. 88‑614, eff. 9‑7‑94; text omitted.)
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(20 ILCS 515/105.5)
Sec. 105.5.
(Amendatory provisions; text omitted).
(Source: P.A. 88‑614, eff. 9‑7‑94; text omitted.)
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(20 ILCS 515/106)
Sec. 106.
(Amendatory provisions; text omitted).
(Source: P.A. 88‑614, eff. 9‑7‑94; text omitted.)
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(20 ILCS 515/107)
Sec. 107.
(Amendatory provisions; text omitted).
(Source: P.A. 88‑614, eff. 9‑7‑94; text omitted.)
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(20 ILCS 515/108)
Sec. 108.
(Amendatory provisions; text omitted).
(Source: P.A. 88‑614, eff. 9‑7‑94; text omitted.)
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(20 ILCS 515/110)
Sec. 110.
(Amendatory provisions; text omitted).
(Source: P.A. 88‑614, eff. 9‑7‑94; text omitted.)
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(20 ILCS 515/999)
Sec. 999.
Effective date.
This Act takes effect upon becoming law.
(Source: P.A. 88‑614, eff. 9‑7‑94.)
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