Public Act 098-0807
 
HB4916 EnrolledLRB098 17055 KTG 52140 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 7.8, 7.14, and 7.22 as follows:
 



    (325 ILCS 5/7.8)  (from Ch. 23, par. 2057.8)



    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

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 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 of the Juvenile Court Act and to 
any person authorized under
paragraphs (1), (2), (3) and (11) 
of Section 11.1. In addition, State's
Attorneys are authorized 
to receive unfounded reports 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

of the Criminal Code of 2012 and attorneys and guardians ad 
litem appointed under
Article II of the Juvenile Court Act of 
1987 shall receive the classified
reports set forth in Section 
7.14 of this Act in conformance with paragraph
(19) of Section 
11.1 and Section 7.14 of this Act. 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.

(Source: P.A. 97-1150, eff. 1-25-13.)

 


    (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.  Prior to 
classifying 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 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.  If the child is the subject of an 
action under Article II of the Juvenile Court Act and the 
Department intends to classify the report as unfounded, the 
Department shall, within 45 days of deciding 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. 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.  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.


    For purposes of this Section "child" includes an adult 
resident as defined in this Act.
(Source: P.A. 97-333, eff. 8-12-11; 98-453, eff. 8-16-13.)

 
    (325 ILCS 5/7.22)
    Sec. 7.22. Reviews of unfounded reports.
    (a) Whenever the Department determines that a reported 
incident of child abuse or neglect will be is "unfounded", the 
Department shall forward a copy of the report and written 
notice of the Department's intent to classify the report as 
unfounded to the minor's attorney or guardian ad litem 
appointed under the Juvenile Court Act of 1987. The minor's 
attorney or guardian ad litem may request a review of the 
investigation within 10 days of receipt of the report and 
written notice notification of the Department's intent to 
classify the report as unfounded final finding and receipt of 
the report, as provided in Section 7.14 of this Act, if the 
subject of the report is also the minor for whom the attorney 
or guardian ad litem has been appointed. 
    (b) Reviews requested under subsection (a) may be requested 
by sending a request via U.S. Mail, postmarked within 10 days 
after notice of the Department's intent to classify the report 
as unfounded the final finding, or by faxing a request within 
10 days after notice of the Department's intent to classify the 
report as unfounded final finding. The date of notification of 
the Department's intent to classify the  report as unfounded 
final finding is the date the attorney or guardian ad litem 
received a copy of the report and written notice from the 
Department. Following the review, the Department shall inform 
the minor's attorney or guardian ad litem as to whether the 
report will be classified as indicated or unfounded. The 
minor's attorney or guardian ad litem shall also receive a 
final finding notice from the State Central Register. 
    (c) By January 1, 2014, the Department shall promulgate 
rules addressing reviews requested under subsection (a).  The 
rules shall provide that a review requested under subsection 
(a) must occur before the report is classified and a final 
finding is entered in the central register and that the review 
must be conducted by a Department employee outside the 
supervisory chain of the assigned investigator. 

(Source: P.A. 98-453, eff. 8-16-13.)
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.