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.