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Public Act 102-0532
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| SB1904 Enrolled | LRB102 11580 KTG 16914 b |
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Abused and Neglected Child Reporting Act is |
amended by changing Sections 7.8 and 7.14 as follows:
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(325 ILCS 5/7.8)
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Sec. 7.8.
Upon receiving an oral or written report of |
suspected
child abuse or neglect, the Department shall |
immediately notify, either
orally or electronically, the Child |
Protective Service Unit of a previous
report concerning a |
subject of the present report or other pertinent
information. |
In addition, upon satisfactory identification procedures, to
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be established by Department regulation, any person authorized |
to have
access to records under Section 11.1 relating to child |
abuse and neglect
may request and shall be immediately |
provided the information requested in
accordance with this |
Act. However, no information shall be released unless
it |
prominently states the report is "indicated", and only |
information from
"indicated" reports shall be released, except |
that: |
(1) Information information concerning
pending reports may |
be released pursuant to Sections 7.14 and 7.22 of this Act to |
the attorney or guardian ad litem appointed under Section 2-17 |
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of the Juvenile Court Act of 1987 and to any person authorized |
under
paragraphs (1), (2), (3) and (11) of Section 11.1. |
(2) In addition, State's
Attorneys are authorized to |
receive unfounded reports: |
(A) (i) for prosecution
purposes related to the |
transmission of false reports of child abuse or
neglect in |
violation of subsection (a), paragraph (7) of Section 26-1
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of the Criminal Code of 2012; or |
(B) (ii) for the purposes of screening and prosecuting |
a petition filed under Article II of the Juvenile Court |
Act of 1987 alleging a subsequent allegation of abuse or |
neglect relating to the same child, a sibling of the |
child, or the same perpetrator, or a child or perpetrator |
in the same household as the child for whom the petition is |
being filed. ; |
(3) The the parties to the proceedings
filed under Article |
II of the Juvenile Court Act of 1987 are entitled to receive
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copies of previously unfounded reports regarding the same |
child, a sibling of the
child, or the same perpetrator, or a |
child or perpetrator in the same household as the child for |
purposes of hearings under Sections 2-10 and 2-21 of the |
Juvenile Court Act of 1987. , |
(4) Attorneys and attorneys and guardians ad litem |
appointed under
Article II of the Juvenile Court Act of 1987 |
shall receive the
reports set forth in Section 7.14 of this Act |
in conformance with paragraph
(19) of Section 11.1 and Section |
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7.14 of this Act. |
(5) The Department of Public Health shall receive |
information from unfounded reports involving children alleged |
to have been abused or neglected while hospitalized, including |
while hospitalized in freestanding psychiatric hospitals |
licensed by the Department of Public Health, as necessary for |
the Department of Public Health to conduct its licensing |
investigation. |
(6) The Department is authorized and required to release |
information from unfounded reports, upon request by a person |
who has access to the unfounded report as provided in this Act, |
as necessary in its determination to protect children and |
adult residents who are in child care facilities licensed by |
the Department under the Child Care Act of 1969. The names and |
other
identifying data and the dates and the circumstances of |
any persons
requesting or receiving information from the |
central register shall be
entered in the register record.
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(Source: P.A. 101-43, eff. 1-1-20.)
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(325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
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Sec. 7.14. All reports in the central register shall be |
classified in one
of three categories: "indicated", |
"unfounded" or "undetermined", as the
case may be. Prior to |
classifying the report, the Department shall determine whether |
the report is subject to Department review under Section |
7.22a. If the report is subject to Department review, the |
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report shall not be classified as unfounded until the review |
is completed. Prior to classifying the report, the person |
making the
classification shall determine whether the child |
named in the
report is the subject of an action under Article V |
of the Juvenile Court Act of 1987 who is in the custody or |
guardianship of the Department or who has an open intact |
family services case with the Department or is the subject of |
an action under Article II of the Juvenile Court
Act of 1987. |
If the child either is the subject of an action under Article V |
of the Juvenile Court Act of 1987 and is in the custody or |
guardianship of the Department or has an open intact family |
services case with the Department or is the subject of an |
action under Article II of the
Juvenile Court Act of 1987 and |
the Department intends to classify the report as indicated, |
the Department shall, within 45 days of classification of the |
report, transmit a copy of the report to
the attorney or |
guardian ad litem appointed for the child under Section 2-17 |
of the
Juvenile Court Act of 1987 or to a guardian ad litem |
appointed under Section 5-610 of the Juvenile Court Act of |
1987. If the child either is the subject of an action under |
Article V of the Juvenile Court Act of 1987 and is in the |
custody or guardianship of the Department or has an open |
intact family services case with the Department or is the |
subject of an action under Article II of the Juvenile Court Act |
of 1987 and the Department intends to classify the report as |
unfounded, the Department shall, within 45 days of deciding |
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its intent to classify the report as unfounded, transmit a |
copy of the report and written notice of the Department's |
intent to the attorney or guardian ad litem appointed for the |
child under Section 2-17 of the Juvenile Court Act of 1987, or |
to a guardian ad litem appointed under Section 5-610 of the |
Juvenile Court Act of 1987. The Department's obligation under |
this Section to provide reports to a guardian ad litem |
appointed under Section 5-610 of the Juvenile Court Act of |
1987 for a minor with an open intact family services case |
applies only if the guardian ad litem notified the Department |
in writing of the representation. All information identifying |
the subjects of an unfounded
report shall be expunged from the |
register
forthwith, except as provided in Section 7.7.
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Unfounded reports may only be made available to the Child
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Protective Service Unit when investigating a subsequent report |
of suspected
abuse or maltreatment involving a child named in |
the unfounded report; and to
the subject of the report, |
provided the Department has not expunged the file in |
accordance with Section 7.7. The Child Protective
Service Unit |
shall not indicate the subsequent report solely based upon the
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existence of the prior unfounded report or reports. |
Notwithstanding any other
provision of law to the contrary, an |
unfounded report shall not be admissible
in any judicial or |
administrative proceeding or action except for proceedings |
under Sections 2-10 and 2-21 of the Juvenile Court Act of 1987 |
involving a
petition filed under Section 2-13 of the Juvenile |
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Court Act of 1987 alleging
abuse or neglect to the same child, |
a sibling of the child, or the same
perpetrator, or a member of |
the child's household.
Identifying information on all other |
records shall be
removed from the register no later than 5 |
years after the report is indicated.
However, if another |
report is received involving the same child, his sibling
or |
offspring, or a child in the care of the persons responsible |
for the
child's welfare, or involving the same alleged |
offender, the
identifying
information may be maintained in the |
register
until 5 years after the subsequent case or report is |
closed.
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Notwithstanding any other provision of this Section, |
identifying
information in indicated reports involving serious |
physical injury to a child as defined by the
Department in |
rules, may be retained longer than 5 years after the report
is |
indicated or after the subsequent case or report is closed, |
and may not
be removed from the register except as provided by |
the Department in rules. Identifying information in indicated |
reports involving sexual penetration of a child, sexual |
molestation of a child, sexual exploitation of a child, |
torture of a child, or the death of a child, as defined by the |
Department in rules, shall be retained for a period of not less |
than 50 years after the report is indicated or after the |
subsequent case or report is closed.
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For purposes of this Section, "child" includes an adult |
resident as defined in this Act. |