Public Act 096-1164
 
SB2622 EnrolledLRB096 16636 KTG 31913 b

    AN ACT concerning children.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Abused and Neglected Child Reporting Act is
amended by changing Sections 7.7 and 7.14 as follows:
 
    (325 ILCS 5/7.7)  (from Ch. 23, par. 2057.7)
    Sec. 7.7. There shall be a central register of all cases of
suspected child abuse or neglect reported and maintained by the
Department under this Act. Through the recording of initial,
preliminary, and final reports, the central register shall be
operated in such a manner as to enable the Department to: (1)
immediately identify and locate prior reports of child abuse or
neglect; (2) continuously monitor the current status of all
reports of child abuse or neglect being provided services under
this Act; and (3) regularly evaluate the effectiveness of
existing laws and programs through the development and analysis
of statistical and other information.
    The Department shall maintain in the central register a
listing of unfounded reports where the subject of the unfounded
report requests that the record not be expunged because the
subject alleges an intentional false report was made. Such a
request must be made by the subject in writing to the
Department, within 10 days of the investigation.
    The Department shall also maintain in the central register
a listing of unfounded reports where the report was classified
as a priority one or priority two report in accordance with the
Department's rules or the report was made by a person mandated
to report suspected abuse or neglect under this Act.
    The Department shall maintain in the central register for 3
years a listing of unfounded reports involving the death of a
child, the sexual abuse of a child, or serious physical injury
to a child as defined by the Department in rules.
    The Department shall maintain all other unfounded reports
for 12 months following the date of the final finding.
(Source: P.A. 90-15, eff. 6-13-97.)
 
    (325 ILCS 5/7.14)  (from Ch. 23, par. 2057.14)
    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. After the
report is classified, the person making the classification
shall determine whether the child named in the report is the
subject of an action under Article II of the Juvenile Court Act
of 1987. If the child is the subject of an action under Article
II of the Juvenile Court Act, the Department shall transmit a
copy of the report to the guardian ad litem appointed for the
child under Section 2-17 of the Juvenile Court Act. All
information identifying the subjects of an unfounded report
shall be expunged from the register forthwith, except as
provided in Section 7.7. Unfounded reports may only be made
available to the Child 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 that the
subject requests the report within 60 days of being notified
that the report was unfounded. The Child Protective Service
Unit shall not indicate the subsequent report solely based upon
the 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. 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.
    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.
(Source: P.A. 94-160, eff. 7-11-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.