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Full Text of HB4975
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HB4975 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4975
Introduced , by Rep. Jed Davis
SYNOPSIS AS INTRODUCED:
325 ILCS 5/7.4b new
Amends the Abused and Neglected Child Reporting Act. Provides that
whenever the Department of Children and Family Services takes protective
custody of a child following a report of suspected child abuse or neglect
and a petition for temporary custody of the child is filed by the State's
Attorney in accordance with the Juvenile Court Act of 1987, the Child
Protective Service Unit assigned to investigate the initial report shall
continue and complete its investigation even if, after the temporary
custody hearing, the Department is granted temporary custody of the child.
Provides that the Unit's investigation shall not be closed solely because
the court issues an order of temporary custody over the child to the
Department; and that the court's decision to grant temporary custody of
the child to the Department may not, under any circumstances, be
considered by the Child Protective Service Unit when making its
determination on whether the investigated report indicates abuse or
neglect. Provides that a Child Protective Service Unit shall not end its
investigation of a report of suspected child abuse or neglect until the
Unit completes the investigation as prescribed under specified
administrative rules and procedures. Contains provisions on final
investigative summary requirements and oversight and compliance actions.
Effective January 1, 2027.
LRB104 17889 KTG 31325 b
A BILL FOR
HB4975
LRB104 17889 KTG 31325 b
1
AN ACT concerning children.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Abused and Neglected Child Reporting Act is
5
amended by adding Section 7.4b as follows:
6
(325 ILCS 5/7.4b new)
7
Sec. 7.4b.
Complete investigation requirement.
8
(a) Findings. The General Assembly finds that:
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(1) Protective custody decisions are emergency
10
actions, not final investigative results.
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(2) The Department of Children and Family Services
12
frequently halts investigations after court involvement,
13
leaving important facts unexamined.
14
(3) The rights of parents to raise their children are
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among the oldest and most fundamental liberty interests
16
that our country protects.
17
(4) Inadequate, improper, or incomplete investigations
18
by the Department of Children and Family Services present
19
a serious infringement on that right.
20
(5) The Department of Children and Family Services'
21
rules, procedures, standardized forms and standardized
22
notices in effect as of January 1, 2026 are the
23
constitutionally minimum investigation obligations for
HB4975
- 2 -
LRB104 17889 KTG 31325 b
1
child protective service units to conduct a full and
2
complete investigation into allegations of child abuse or
3
neglect.
4
(b) Requirement of continued investigation. Whenever the
5
Department takes protective custody of a child following a
6
report of suspected child abuse or neglect and a petition for
7
temporary custody of the child is filed by the State's
8
Attorney in accordance with Section 2-13 of the Juvenile Court
9
Act of 1987, the Child Protective Service Unit assigned to
10
investigate the initial report shall continue and complete its
11
investigation as required in subsection (c) even if, after the
12
temporary custody hearing, the Department is granted temporary
13
custody of the child. The Unit's investigation shall not be
14
closed solely because the court issues an order of temporary
15
custody over the child to the Department in accordance with
16
Section 2-10 of the Juvenile Court Act of 1987. A court's
17
decision to grant temporary custody of the child to the
18
Department may not, under any circumstances, be considered by
19
the Child Protective Service Unit when making its
20
determination on whether the investigated report indicates
21
abuse or neglect.
22
(c) Elements of a complete investigation. A Child
23
Protective Service Unit shall not end its investigation of a
24
report of suspected child abuse or neglect until the Unit
25
completes the investigation as prescribed under 89 Ill. Adm.
26
Code 300 and the Department's Procedures 300 Reports of Child
HB4975
- 3 -
LRB104 17889 KTG 31325 b
1
Abuse and Neglect, including, but not limited to, the
2
investigatory obligations stated in Procedures 300.50, or any
3
other related Department rules or procedures.
4
(d) Final investigative summary. The Child Protective
5
Service Unit shall complete a written investigative summary
6
that complies with the Department's Procedures 300 Sections
7
300.50(i) (Assessment of Case Information and Evidence),
8
300.50(k) (Final Determinations), and 300.70(j) (Final
9
Supervisory Conference), or any successor provisions,
10
including, but not limited to, full and complete information,
11
both inculpatory and exculpatory, about the facts gathered,
12
credibility assessments, unresolved discrepancies, and the
13
rationale supporting an indicated or unfounded determination.
14
The written investigative summary mandated by this subsection
15
shall be completed regardless of whether the alleged child
16
victim or any other child remains in protective custody.
17
(e) Oversight and compliance. Failure on the part of a
18
child protective investigator or any other Child Protective
19
Service Unit member to complete an investigation in accordance
20
with this Section shall be grounds for supervisory review,
21
corrective action, and internal discipline as prescribed by
22
the Department.
23
Section 99.
Effective date.
This Act takes effect January
24
1, 2027.
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