Public Act 93-0147
HB2848 Enrolled LRB093 07152 DRJ 07307 b
AN ACT in relation to children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Abused and Neglected Child Reporting Act
is amended by changing Section 11.1 as follows:
(325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
Sec. 11.1. Access to records.
(a) A person shall have access to the records described
in Section 11 only in furtherance of purposes directly
connected with the administration of this Act or the
Intergovernmental Missing Child Recovery Act of 1984. Those
persons and purposes for access include:
(1) Department staff in the furtherance of their
responsibilities under this Act, or for the purpose of
completing background investigations on persons or
agencies licensed by the Department or with whom the
Department contracts for the provision of child welfare
services.
(2) A law enforcement agency investigating known or
suspected child abuse or neglect, known or suspected
involvement with child pornography, known or suspected
criminal sexual assault, known or suspected criminal
sexual abuse, or any other sexual offense when a child is
alleged to be involved.
(3) The Department of State Police when
administering the provisions of the Intergovernmental
Missing Child Recovery Act of 1984.
(4) A physician who has before him a child whom he
reasonably suspects may be abused or neglected.
(5) A person authorized under Section 5 of this Act
to place a child in temporary protective custody when
such person requires the information in the report or
record to determine whether to place the child in
temporary protective custody.
(6) A person having the legal responsibility or
authorization to care for, treat, or supervise a child or
a parent, guardian, or other person responsible for the
child's welfare who is the subject of a report.
(7) Except in regard to harmful or detrimental
information as provided in Section 7.19, any subject of
the report, and if the subject of the report is a minor,
his guardian or guardian ad litem.
(8) A court, upon its finding that access to such
records may be necessary for the determination of an
issue before such court; however, such access shall be
limited to in camera inspection, unless the court
determines that public disclosure of the information
contained therein is necessary for the resolution of an
issue then pending before it.
(8.1) A probation officer or other authorized
representative of a probation or court services
department conducting an investigation ordered by a court
under the Juvenile Court Act of l987.
(9) A grand jury, upon its determination that
access to such records is necessary in the conduct of its
official business.
(10) Any person authorized by the Director, in
writing, for audit or bona fide research purposes.
(11) Law enforcement agencies, coroners or medical
examiners, physicians, courts, school superintendents and
child welfare agencies in other states who are
responsible for child abuse or neglect investigations or
background investigations.
(12) The Department of Professional Regulation, the
State Board of Education and school superintendents in
Illinois, who may use or disclose information from the
records as they deem necessary to conduct investigations
or take disciplinary action, as provided by law.
(13) A coroner or medical examiner who has reason
to believe that a child has died as the result of abuse
or neglect.
(14) The Director of a State-operated facility when
an employee of that facility is the perpetrator in an
indicated report.
(15) The operator of a licensed child care facility
or a facility licensed by the Department of Human
Services (as successor to the Department of Alcoholism
and Substance Abuse) in which children reside when a
current or prospective employee of that facility is the
perpetrator in an indicated child abuse or neglect
report, pursuant to Section 4.3 of the Child Care Act of
1969.
(16) Members of a multidisciplinary team in the
furtherance of its responsibilities under subsection (b)
of Section 7.1. All reports concerning child abuse and
neglect made available to members of such
multidisciplinary teams and all records generated as a
result of such reports shall be confidential and shall
not be disclosed, except as specifically authorized by
this Act or other applicable law. It is a Class A
misdemeanor to permit, assist or encourage the
unauthorized release of any information contained in such
reports or records. Nothing contained in this Section
prevents the sharing of reports or records relating or
pertaining to the death of a minor under the care of or
receiving services from the Department of Children and
Family Services and under the jurisdiction of the
juvenile court with the juvenile court, the State's
Attorney, and the minor's attorney.
(17) The Department of Human Services, as provided
in Section 17 of the Disabled Persons Rehabilitation Act.
(18) Any other agency or investigative body,
including the Department of Public Health and a local
board of health, authorized by State law to conduct an
investigation into the quality of care provided to
children in hospitals and other State regulated care
facilities. The access to and release of information
from such records shall be subject to the approval of the
Director of the Department or his designee.
(19) The person appointed, under Section 2-17 of
the Juvenile Court Act of 1987, as the guardian ad litem
of a minor who is the subject of a report or records
under this Act.
(20) The Department of Human Services, as provided
in Section 10 of the Early Intervention Services System
Act, and the operator of a facility providing early
intervention services pursuant to that Act, for the
purpose of determining whether a current or prospective
employee who provides or may provide direct services
under that Act is the perpetrator in an indicated report
of child abuse or neglect filed under this Act.
(b) Nothing contained in this Act prevents the sharing
or disclosure of information or records relating or
pertaining to juveniles subject to the provisions of the
Serious Habitual Offender Comprehensive Action Program when
that information is used to assist in the early
identification and treatment of habitual juvenile offenders.
(c) To the extent that persons or agencies are given
access to information pursuant to this Section, those persons
or agencies may give this information to and receive this
information from each other in order to facilitate an
investigation conducted by those persons or agencies.
(Source: P.A. 90-15, eff. 6-13-97; 91-357, eff. 7-29-99.)
Section 5. The Early Intervention Services System Act is
amended by changing Sections 10 and 13.32 as follows:
(325 ILCS 20/10) (from Ch. 23, par. 4160)
Sec. 10. Standards. The Council and the lead agency,
with assistance from parents and providers, shall develop and
promulgate policies and procedures relating to the
establishment and implementation of program and personnel
standards to ensure that services provided are consistent
with any State-approved or recognized certification,
licensing, registration, or other comparable requirements
which apply to the area of early intervention program service
standards. Only State-approved public or private early
intervention service providers shall be eligible to receive
State and federal funding for early intervention services.
All early childhood intervention staff shall hold the highest
entry requirement necessary for that position.
To be a State-approved early intervention service
provider, an individual (i) shall not have served or
completed, within the preceding 5 years, a sentence for
conviction of any felony that the Department establishes by
rule and (ii) shall not have been indicated as a perpetrator
of child abuse or neglect, within the preceding 5 years, in
an investigation by Illinois (pursuant to the Abused and
Neglected Child Reporting Act) or another state. The
Department is authorized to receive criminal background
checks for such providers and persons applying to be such a
provider and to receive child abuse and neglect reports
regarding indicated perpetrators who are applying to provide
or currently authorized to provide early intervention
services in Illinois. Beginning January 1, 2004, every
provider of State-approved early intervention services and
every applicant to provide such services must authorize, in
writing and in the form required by the Department, a
criminal background check and check of child abuse and
neglect reports regarding the provider or applicant as a
condition of authorization to provide early intervention
services. The Department shall use the results of the checks
only to determine State approval of the early intervention
service provider and shall not re-release the information
except as necessary to accomplish that purpose.
(Source: P.A. 87-680; 87-847.)
(325 ILCS 20/13.32)
Sec. 13.32. Contracting. The lead agency may enter into
contracts for some or all of its responsibilities under this
Act, including but not limited to, credentialing and
enrolling providers; training under Section 13.30;
maintaining a central billing office; data collection and
analysis; establishing and maintaining a computerized case
management system accessible to local referral offices and
providers; creating and maintaining a system for provider
credentialing and enrollment; creating and maintaining the
central directory required under subsection (g) of Section 7
of this Act; and program operations. If contracted, the
contract shall be subject to a public request for proposals
as described in the Illinois Procurement Code,
notwithstanding any exemptions or alternative processes that
may be allowed for such a contract under that Code, and, in
addition to the posting requirements under that Code, shall
be posted on the early intervention website maintained by the
lead agency during the entire bid period. With the exception
of contracts with or grants to regional intake entities, any
of these listed responsibilities currently under contract or
grant that have not met these requirements shall be subject
to public bid under this request for proposal process no
later than July 1, 2002 or the date of termination of any
contract in place. Contracts with or grants to regional
intake entities must be made subject to public bid under a
request for proposals process no later than July 1, 2005.
(Source: P.A. 92-307, eff. 8-9-01.)