Session: 103rd General Assembly
Year: 2024
Bill #: HB5041
Category: Public Safety and Law Enforcement
Position: No position
Revenue Loss?
Authority Preemption?

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Creates the Family Recovery Plans Implementation Task Force Act. Provides that it is the General Assembly's intent to require a coordinated, public health, and service-integrated response by various agencies within the State's health and child welfare systems to address the substance use treatment needs of infants born with prenatal substance exposure, as well as the treatment needs of their caregivers and families, by requiring the development, provision, and monitoring of family recovery plans. Creates the Family Recovery Plans Implementation Task Force within the Department of Human Services. Sets forth the duties of the Task Force, including reviewing models of family recovery plans that have been implemented in other states; and reviewing and developing recommendations to replace punitive policies with notification policies for health care professionals reporting a positive toxicology screen of a newborn. Contains provisions concerning Task Force membership, meetings, reporting requirements, and other matters. Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to develop a standardized CAPTA notification form that is separate and distinct from the form for written confirmation reports of child abuse or neglect. Provides that a CAPTA notification shall not be treated as a report of suspected child abuse or neglect, shall not be recorded in the State Central Registry, and shall not be discoverable or admissible as evidence in any juvenile court or adoption proceeding unless the named party waives, in writing, his or her right to confidentiality. Repeals a provision requiring the Department to report to the State's Attorney every report of a newborn infant whose blood, urine, or meconium contains a prohibited controlled substance. Amends the Juvenile Court Act of 1987. Removes newborn infants whose blood, urine, or meconium contains any amount of a controlled substance from the list of children presumed neglected or abused under the Act. Makes corresponding changes to a provision listing the types of evidence that constitute prima facie evidence of neglect and to relevant provisions under the Adoption Act. Effective immediately, except that some parts take effect January 1, 2025.

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