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| Public Act 099-0349 | ||||
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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) (from Ch. 23, par. 2057.8)
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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
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"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 of 1987 | ||||
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 (i) for prosecution
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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 or (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; the | ||
parties to the proceedings
filed under Article II of the | ||
Juvenile Court Act of 1987 are entitled to receive
copies of | ||
previously unfounded reports regarding the same child, a | ||
sibling of the
child, or the same perpetrator for purposes of | ||
hearings under Sections 2-10 and 2-21 of the Juvenile Court Act | ||
of 1987, and attorneys and guardians ad litem appointed under
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Article II of the Juvenile Court Act of 1987 shall receive the
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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.
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(Source: P.A. 97-1150, eff. 1-25-13; 98-807, eff. 8-1-14; | ||
revised 11-25-14.)
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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 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 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. If the child 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 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. All information identifying the subjects of | ||
an unfounded
report shall be expunged from the register
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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 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 Court Act of 1987 alleging
abuse or neglect to the | ||
same child, a sibling of the child, or the same
perpetrator.
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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. | ||
(Source: P.A. 97-333, eff. 8-12-11; 98-453, eff. 8-16-13; | ||
98-807, eff. 8-1-14; revised 11-25-14.)
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