The Protecting Innocent Families Act represents the first step toward greater transparency and accountability in the use of medical evaluations during child abuse and neglect investigations. By amending the Abused and Neglected Child Reporting Act and the Medical Patient Rights Act, the legislation strengthens family rights while promoting a more transparent process when medical opinions are used to inform government intervention.
Left to Right: Rachel Harris— FJRC Board President, Tara Crady— FJRC Board Treasurer, Representative Mary Beth Canty— Bill Sponsor, Senate Majority Leader Kimberly Lightford— Bill Sponsor, Michelle Weidner— FJRC Executive Director, Mary Broderick— Past FJRC Board Member
"Every parent knows the fear of sitting in a hospital room, unsure what's happening to their child or why. HB 3169 makes sure that in the most frightening moments a family can face – when abuse or neglect is even being investigated – parents aren't left in the dark. This measure guarantees they know who is treating their child, why an investigation is happening, and what their rights are, in a language and format they can actually understand. Protecting children and respecting parents are not competing goals – they go hand in hand, and this measure makes sure Illinois families never have to choose between them."
Senate Majority Leader Kimberly Lightford
"Inquiries involving abuse and neglect are a terrifying prospect for any caregiver, and anyone facing the uncertainty of an investigation deserves a transparent process. This new law will ensure caregivers clearly understand the individuals involved in an investigation as well as their options at every stage of the process. DCFS, parents groups and other stakeholders have been invaluable partners in the process to guarantee this new law serves Illinois families best."
State Rep. Mary Beth Canty
KEY PROVISIONS
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Child abuse pediatricians and their clinical teams must be transparent about their identity, specialty and subspecialty, and the purpose of their involvement in a medical evaluation.
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DCFS must separately notify parents when it seeks a child abuse pediatrican’s opinion for an abuse or neglect investigation.
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Parents must be notified that they can request and receive a copy of the child abuse pediatrician’s written opinion submitted to DCFS, allowing them to see the medical conclusions being used in the investigation.
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Parents must be notified of their right to obtain and submit an independent second medical opinion, at their own expense, before the investigation concludes. If one is submitted, DCFS must consider it before making its determination, so the child abuse pediatrician’s conclusion is not the only medical opinion before the agency.
LEARN MORE
State-Contracted Child Abuse Pediatric Programs and Interagency Agreements:
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Linkage Agreement Between Lurie and Chicago CAC (Agreement not publicly available)
Sample Hospital Policies Related to Child Abuse Evaluations:
BIPARTISAN PROPONENT ORGANIZATIONS
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ACLU Illinois
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Ascend Justice
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Cabrini Green Legal Aid
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Center for Integrity in Forensic Sciences
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Chicago Appleseed Center for Fair Courts
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Cook County Justice Advisory Council
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Family Justice Resource Center
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Greater West Town Community Development Project
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Holistic Birth Collective
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Homeschool Legal Defense Association
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National Association of Social Workers, Illinois Chapter
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Illinois Black Advocacy Initiative
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Illinois Coalition Against Domestic Violence
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Illinois Prison Project Action Fund
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The James B. Moran Center for Youth Advocacy
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Legal Action Chicago
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Office of Cook County Public Defender
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Parental Rights Association
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Roll Call Organization
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Shriver Center on Poverty Law
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She Votes Illinois
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Texas Public Policy
