Summary
Sponsored by Representative Mary Beth Canty in the House and Senate Majority Leader Kimberly Lightford in the Senate, the Protecting Innocent Families Act amends the Abused and Neglected Child Reporting Act and the Medical Patient Rights Act to strengthen transparency and family rights when medical evaluations are used in child abuse or neglect investigations. This law responds to longstanding concerns about the disproportionate impact of child welfare investigations on vulnerable families, including families of color and families whose children have complex medical conditions.
Provisions
Ensuring Due Process & Transparency in Child Welfare
The Protecting Innocent Families Act enhances transparency and procedural safeguards within the child welfare system. By reinforcing due process and accountability, the bill responds to longstanding concerns about disproportionate impact on vulnerable families, including families of color and families whose children have complex medical conditions. Key provisions include:
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Professional Transparency in Medical Evaluations
For the first time, child abuse pediatricians and other medical professionals involved in a child’s evaluation will be required to disclose their profession, specialty, subspecialty, and role in the child’s care.
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DCFS Disclosure of Forensic Consultation
The bill requires DCFS to tell parents when it is asking a child abuse pediatrician (CAP) or other doctor for an opinion about whether a child’s injury or condition may be the result of abuse or neglect, to state that doctor’s specialty, subspecialty, and role in the child’s care, and to provide parents with the CAP’s written opinion
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Right to an Independent Second Opinion
The bill requires DCFS to inform families that they may obtain an independent second medical or forensic opinion before an investigation is closed, and to consider that opinion as part of the evidence before making a final finding.
This bill does not affect medical providers responsible for diagnosing or treating individuals, nor does it interfere with the obligations of mandated reporters. Additionally, it preserves current investigative procedures and does not impede contracted medical professionals from fulfilling their contractual duties.
The Protecting Innocent Families Act is supported by:
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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