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91_HB2947eng
HB2947 Engrossed LRB9109423MWgc
1 AN ACT to amend the Children and Family Services Act by
2 changing Section 35.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Children and Family Services Act is
6 amended by changing Section 35.1 as follows:
7 (20 ILCS 505/35.1) (from Ch. 23, par. 5035.1)
8 Sec. 35.1. The case and clinical records of patients in
9 Department supervised facilities, wards of the Department,
10 children receiving or applying for child welfare services,
11 persons receiving or applying for other services of the
12 Department, and Department reports of injury or abuse to
13 children shall not be open to the general public. Such case
14 and clinical records and reports or the information contained
15 therein shall be disclosed by the Director of the Department
16 to juvenile authorities when necessary for the discharge of
17 their official duties who request information concerning the
18 minor and who certify in writing that the information will
19 not be disclosed to any other party except as provided under
20 law or order of court. For purposes of this Section,
21 "juvenile authorities" means: (i) a judge of the circuit
22 court and members of the staff of the court designated by the
23 judge; (ii) parties to the proceedings under the Juvenile
24 Court Act of 1987 and their attorneys; (iii) probation
25 officers and court appointed advocates for the juvenile
26 authorized by the judge hearing the case; (iv) any
27 individual, public or private agency having custody of the
28 child pursuant to court order; (v) any individual, public or
29 private agency providing education, medical or mental health
30 service to the child when the requested information is needed
31 to determine the appropriate service or treatment for the
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1 minor; (vi) any potential placement provider when such
2 release is authorized by the court for the limited purpose of
3 determining the appropriateness of the potential placement;
4 (vii) law enforcement officers and prosecutors; (viii) adult
5 and juvenile prisoner review boards; (ix) authorized military
6 personnel; (x) individuals authorized by court; (xi) the
7 Illinois General Assembly or any committee or commission
8 thereof. This Section does not apply to the Department's
9 fiscal records, other records of a purely administrative
10 nature, or any forms, documents or other records required of
11 facilities subject to licensure by the Department except as
12 may otherwise be provided under the Child Care Act of 1969.
13 Nothing contained in this Act prevents the sharing or
14 disclosure of information or records relating or pertaining
15 to juveniles subject to the provisions of the Serious
16 Habitual Offender Comprehensive Action Program when that
17 information is used to assist in the early identification and
18 treatment of habitual juvenile offenders.
19 Nothing contained in this Act prevents the sharing or
20 disclosure of information or records relating or pertaining
21 to the death of a minor under the care of or receiving
22 services from the Department and under the jurisdiction of
23 the juvenile court with the juvenile court, the State's
24 Attorney, and the minor's attorney.
25 Nothing contained in this Section prohibits or prevents
26 any individual dealing with or providing services to a minor
27 from sharing information with another individual dealing with
28 or providing services to a minor for the purpose of
29 coordinating efforts on behalf of the minor. The sharing of
30 such information is only for the purpose stated herein and is
31 to be consistent with the intent and purpose of the
32 confidentiality provisions of the Juvenile Court Act of 1987.
33 This provision does not abrogate any recognized privilege.
34 Sharing information does not include copying of records,
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1 reports or case files unless authorized herein.
2 Nothing in this Section prohibits or prevents the
3 re-disclosure of records, reports, or other information that
4 reveals malfeasance or nonfeasance on the part of the
5 Department, its employees, or its agents. Nothing in this
6 Section prohibits or prevents the Department or a party in a
7 proceeding under the Juvenile Court Act of 1987 from copying
8 records, reports, or case files for the purpose of sharing
9 those documents with other parties to the litigation.
10 (Source: P.A. 90-15, eff. 6-13-97; 90-590, eff. 1-1-00.)
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