093_HB3815 LRB093 11864 DRJ 16080 b 1 AN ACT in relation to parental rights. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Parental Rights Termination Investigation Agency Act. 6 Section 5. Definition. In this Act, "Agency" means the 7 Parental Rights Termination Investigation Agency established 8 under Section 10. 9 Section 10. Agency established. The Parental Rights 10 Termination Investigation Agency is established in the 11 Executive Branch of the State Government. The Agency shall be 12 under the supervision and direction of a Director appointed 13 by the Governor with the advice and consent of the Senate. 14 The Director shall serve at the pleasure of the Governor. The 15 Director is entitled to an annual salary as set by the 16 Governor from time to time or as set by the Compensation 17 Review Board, whichever is greater. If set by the Governor, 18 the Director's annual salary may not exceed 85% of the 19 Governor's annual salary. The Director, in accordance with 20 the Personnel Code, shall employ and direct personnel as 21 necessary to carry out the purposes of this Act. 22 Section 15. Investigation of cases of termination of 23 parental rights. 24 (a) A person whose parental rights have been terminated 25 in a proceeding under the Juvenile Court Act of 1987 may 26 request the Agency to investigate the circumstances of that 27 termination of parental rights if all of the following 28 criteria are met: 29 (1) The person alleges that his or her parental -2- LRB093 11864 DRJ 16080 b 1 rights were terminated as a result of negligence by the 2 Department of Children and Family Services in 3 investigating or prosecuting the case for termination of 4 the person's parental rights, in that the Department 5 ignored, or failed to properly investigate, or failed to 6 bring to the court's attention, evidence mitigating 7 against termination of those rights. 8 (2) The person wants his or her parental rights 9 restored and wants custody of his or her child or 10 children with respect to whom the parental rights were 11 terminated. 12 (3) Not more than 3 years have elapsed since the 13 termination of the person's parental rights. 14 (4) A judgment of adoption has not been entered 15 with respect to the child with respect to whom the person 16 wants his or her parental rights restored, nor is there a 17 petition for adoption pending with respect to the child. 18 (b) As part of an investigation under this Section, the 19 Agency shall determine whether there is reasonable cause to 20 believe that the Department of Children and Family Services 21 was negligent in investigating or prosecuting the case for 22 termination of the person's parental rights, in that it 23 ignored, or failed to properly investigate, or failed to 24 bring to the court's attention, evidence mitigating against 25 termination of the person's parental rights. If the Agency 26 determines that there is such reasonable cause, then upon the 27 person's request, the Director shall prepare a statement to 28 be attached to a petition for restoration of parental rights 29 as provided in Section 2-29.5, 3-30.5, or 4-27.5 of the 30 Juvenile Court Act of 1987. 31 Section 20. Agency's access to information; 32 confidentiality. 33 (a) For the purpose of conducting investigations -3- LRB093 11864 DRJ 16080 b 1 authorized under this Act, the Agency is entitled to access 2 to the records described in Section 11 of the Abused and 3 Neglected Child Reporting Act and to the juvenile court 4 records relating to a minor who is or has been the subject of 5 a proceeding under the Juvenile Court Act of 1987. 6 (b) All records generated from investigations conducted 7 by the Agency under this Act are confidential and may not be 8 disclosed except to a court in connection with a proceeding 9 for the restoration of parental rights under Section 2-29.5, 10 3-30.5, or 4-27.5 of the Juvenile Court Act of 1987. 11 Section 90. The Abused and Neglected Child Reporting Act 12 is amended by changing Section 11.1 as follows: 13 (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1) 14 Sec. 11.1. Access to records. 15 (a) A person shall have access to the records described 16 in Section 11 only in furtherance of purposes directly 17 connected with the administration of this Act or the 18 Intergovernmental Missing Child Recovery Act of 1984. Those 19 persons and purposes for access include: 20 (1) Department staff in the furtherance of their 21 responsibilities under this Act, or for the purpose of 22 completing background investigations on persons or 23 agencies licensed by the Department or with whom the 24 Department contracts for the provision of child welfare 25 services. 26 (2) A law enforcement agency investigating known or 27 suspected child abuse or neglect, known or suspected 28 involvement with child pornography, known or suspected 29 criminal sexual assault, known or suspected criminal 30 sexual abuse, or any other sexual offense when a child is 31 alleged to be involved. 32 (3) The Department of State Police when -4- LRB093 11864 DRJ 16080 b 1 administering the provisions of the Intergovernmental 2 Missing Child Recovery Act of 1984. 3 (4) A physician who has before him a child whom he 4 reasonably suspects may be abused or neglected. 5 (5) A person authorized under Section 5 of this Act 6 to place a child in temporary protective custody when 7 such person requires the information in the report or 8 record to determine whether to place the child in 9 temporary protective custody. 10 (6) A person having the legal responsibility or 11 authorization to care for, treat, or supervise a child or 12 a parent, guardian, or other person responsible for the 13 child's welfare who is the subject of a report. 14 (7) Except in regard to harmful or detrimental 15 information as provided in Section 7.19, any subject of 16 the report, and if the subject of the report is a minor, 17 his guardian or guardian ad litem. 18 (8) A court, upon its finding that access to such 19 records may be necessary for the determination of an 20 issue before such court; however, such access shall be 21 limited to in camera inspection, unless the court 22 determines that public disclosure of the information 23 contained therein is necessary for the resolution of an 24 issue then pending before it. 25 (8.1) A probation officer or other authorized 26 representative of a probation or court services 27 department conducting an investigation ordered by a court 28 under the Juvenile Court Act of l987. 29 (9) A grand jury, upon its determination that 30 access to such records is necessary in the conduct of its 31 official business. 32 (10) Any person authorized by the Director, in 33 writing, for audit or bona fide research purposes. 34 (11) Law enforcement agencies, coroners or medical -5- LRB093 11864 DRJ 16080 b 1 examiners, physicians, courts, school superintendents and 2 child welfare agencies in other states who are 3 responsible for child abuse or neglect investigations or 4 background investigations. 5 (12) The Department of Professional Regulation, the 6 State Board of Education and school superintendents in 7 Illinois, who may use or disclose information from the 8 records as they deem necessary to conduct investigations 9 or take disciplinary action, as provided by law. 10 (13) A coroner or medical examiner who has reason 11 to believe that a child has died as the result of abuse 12 or neglect. 13 (14) The Director of a State-operated facility when 14 an employee of that facility is the perpetrator in an 15 indicated report. 16 (15) The operator of a licensed child care facility 17 or a facility licensed by the Department of Human 18 Services (as successor to the Department of Alcoholism 19 and Substance Abuse) in which children reside when a 20 current or prospective employee of that facility is the 21 perpetrator in an indicated child abuse or neglect 22 report, pursuant to Section 4.3 of the Child Care Act of 23 1969. 24 (16) Members of a multidisciplinary team in the 25 furtherance of its responsibilities under subsection (b) 26 of Section 7.1. All reports concerning child abuse and 27 neglect made available to members of such 28 multidisciplinary teams and all records generated as a 29 result of such reports shall be confidential and shall 30 not be disclosed, except as specifically authorized by 31 this Act or other applicable law. It is a Class A 32 misdemeanor to permit, assist or encourage the 33 unauthorized release of any information contained in such 34 reports or records. Nothing contained in this Section -6- LRB093 11864 DRJ 16080 b 1 prevents the sharing of reports or records relating or 2 pertaining to the death of a minor under the care of or 3 receiving services from the Department of Children and 4 Family Services and under the jurisdiction of the 5 juvenile court with the juvenile court, the State's 6 Attorney, and the minor's attorney. 7 (17) The Department of Human Services, as provided 8 in Section 17 of the Disabled Persons Rehabilitation Act. 9 (18) Any other agency or investigative body, 10 including the Department of Public Health and a local 11 board of health, authorized by State law to conduct an 12 investigation into the quality of care provided to 13 children in hospitals and other State regulated care 14 facilities. The access to and release of information 15 from such records shall be subject to the approval of the 16 Director of the Department or his designee. 17 (19) The person appointed, under Section 2-17 of 18 the Juvenile Court Act of 1987, as the guardian ad litem 19 of a minor who is the subject of a report or records 20 under this Act. 21 (20) The Parental Rights Termination Investigation 22 Agency, established under the Parental Rights Termination 23 Investigation Agency Act, for the purpose of conducting 24 investigations authorized under that Act. 25 (b) Nothing contained in this Act prevents the sharing 26 or disclosure of information or records relating or 27 pertaining to juveniles subject to the provisions of the 28 Serious Habitual Offender Comprehensive Action Program when 29 that information is used to assist in the early 30 identification and treatment of habitual juvenile offenders. 31 (c) To the extent that persons or agencies are given 32 access to information pursuant to this Section, those persons 33 or agencies may give this information to and receive this 34 information from each other in order to facilitate an -7- LRB093 11864 DRJ 16080 b 1 investigation conducted by those persons or agencies. 2 (Source: P.A. 90-15, eff. 6-13-97; 91-357, eff. 7-29-99.) 3 Section 95. The Juvenile Court Act of 1987 is amended by 4 changing Section 1-8 and adding Sections 2-29.5, 3-30.5, and 5 4-27.5 as follows: 6 (705 ILCS 405/1-8) (from Ch. 37, par. 801-8) 7 Sec. 1-8. Confidentiality and accessibility of juvenile 8 court records. 9 (A) Inspection and copying of juvenile court records 10 relating to a minor who is the subject of a proceeding under 11 this Act shall be restricted to the following: 12 (1) The minor who is the subject of record, his 13 parents, guardian and counsel. 14 (2) Law enforcement officers and law enforcement 15 agencies when such information is essential to executing 16 an arrest or search warrant or other compulsory process, 17 or to conducting an ongoing investigation or relating to 18 a minor who has been adjudicated delinquent and there has 19 been a previous finding that the act which constitutes 20 the previous offense was committed in furtherance of 21 criminal activities by a criminal street gang. 22 Before July 1, 1994, for the purposes of this 23 Section, "criminal street gang" means any ongoing 24 organization, association, or group of 3 or more persons, 25 whether formal or informal, having as one of its primary 26 activities the commission of one or more criminal acts 27 and that has a common name or common identifying sign, 28 symbol or specific color apparel displayed, and whose 29 members individually or collectively engage in or have 30 engaged in a pattern of criminal activity. 31 Beginning July 1, 1994, for purposes of this 32 Section, "criminal street gang" has the meaning ascribed -8- LRB093 11864 DRJ 16080 b 1 to it in Section 10 of the Illinois Streetgang Terrorism 2 Omnibus Prevention Act. 3 (3) Judges, hearing officers, prosecutors, 4 probation officers, social workers or other individuals 5 assigned by the court to conduct a pre-adjudication or 6 predisposition investigation, and individuals responsible 7 for supervising or providing temporary or permanent care 8 and custody for minors pursuant to the order of the 9 juvenile court when essential to performing their 10 responsibilities. 11 (4) Judges, prosecutors and probation officers: 12 (a) in the course of a trial when institution 13 of criminal proceedings has been permitted or 14 required under Section 5-805; or 15 (b) when criminal proceedings have been 16 permitted or required under Section 5-805 and a 17 minor is the subject of a proceeding to determine 18 the amount of bail; or 19 (c) when criminal proceedings have been 20 permitted or required under Section 5-805 and a 21 minor is the subject of a pre-trial investigation, 22 pre-sentence investigation or fitness hearing, or 23 proceedings on an application for probation; or 24 (d) when a minor becomes 17 years of age or 25 older, and is the subject of criminal proceedings, 26 including a hearing to determine the amount of bail, 27 a pre-trial investigation, a pre-sentence 28 investigation, a fitness hearing, or proceedings on 29 an application for probation. 30 (5) Adult and Juvenile Prisoner Review Boards. 31 (6) Authorized military personnel. 32 (7) Victims, their subrogees and legal 33 representatives; however, such persons shall have access 34 only to the name and address of the minor and information -9- LRB093 11864 DRJ 16080 b 1 pertaining to the disposition or alternative adjustment 2 plan of the juvenile court. 3 (8) Persons engaged in bona fide research, with the 4 permission of the presiding judge of the juvenile court 5 and the chief executive of the agency that prepared the 6 particular records; provided that publication of such 7 research results in no disclosure of a minor's identity 8 and protects the confidentiality of the record. 9 (9) The Secretary of State to whom the Clerk of the 10 Court shall report the disposition of all cases, as 11 required in Section 6-204 of the Illinois Vehicle Code. 12 However, information reported relative to these offenses 13 shall be privileged and available only to the Secretary 14 of State, courts, and police officers. 15 (10) The administrator of a bonafide substance 16 abuse student assistance program with the permission of 17 the presiding judge of the juvenile court. 18 (11) Mental health professionals on behalf of the 19 Illinois Department of Corrections or the Department of 20 Human Services or prosecutors who are evaluating, 21 prosecuting, or investigating a potential or actual 22 petition brought under the Sexually Persons Commitment 23 Act relating to a person who is the subject of juvenile 24 court records or the respondent to a petition brought 25 under the Sexually Violent Persons Commitment Act, who is 26 the subject of juvenile court records sought. Any 27 records and any information obtained from those records 28 under this paragraph (11) may be used only in sexually 29 violent persons commitment proceedings. 30 (12) The Parental Rights Termination Investigation 31 Agency, established under the Parental Rights Termination 32 Investigation Agency Act, for the purpose of conducting 33 investigations authorized under that Act. 34 (B) A minor who is the victim in a juvenile proceeding -10- LRB093 11864 DRJ 16080 b 1 shall be provided the same confidentiality regarding 2 disclosure of identity as the minor who is the subject of 3 record. 4 (C) Except as otherwise provided in this subsection (C), 5 juvenile court records shall not be made available to the 6 general public but may be inspected by representatives of 7 agencies, associations and news media or other properly 8 interested persons by general or special order of the court. 9 The State's Attorney, the minor, his parents, guardian and 10 counsel shall at all times have the right to examine court 11 files and records. 12 (1) The court shall allow the general public to 13 have access to the name, address, and offense of a minor 14 who is adjudicated a delinquent minor under this Act 15 under either of the following circumstances: 16 (A) The adjudication of delinquency was based 17 upon the minor's commission of first degree murder, 18 attempt to commit first degree murder, aggravated 19 criminal sexual assault, or criminal sexual assault; 20 or 21 (B) The court has made a finding that the 22 minor was at least 13 years of age at the time the 23 act was committed and the adjudication of 24 delinquency was based upon the minor's commission 25 of: (i) an act in furtherance of the commission of a 26 felony as a member of or on behalf of a criminal 27 street gang, (ii) an act involving the use of a 28 firearm in the commission of a felony, (iii) an act 29 that would be a Class X felony offense under or the 30 minor's second or subsequent Class 2 or greater 31 felony offense under the Cannabis Control Act if 32 committed by an adult, (iv) an act that would be a 33 second or subsequent offense under Section 402 of 34 the Illinois Controlled Substances Act if committed -11- LRB093 11864 DRJ 16080 b 1 by an adult, or (v) an act that would be an offense 2 under Section 401 of the Illinois Controlled 3 Substances Act if committed by an adult. 4 (2) The court shall allow the general public to 5 have access to the name, address, and offense of a minor 6 who is at least 13 years of age at the time the offense 7 is committed and who is convicted, in criminal 8 proceedings permitted or required under Section 5-4, 9 under either of the following circumstances: 10 (A) The minor has been convicted of first 11 degree murder, attempt to commit first degree 12 murder, aggravated criminal sexual assault, or 13 criminal sexual assault, 14 (B) The court has made a finding that the 15 minor was at least 13 years of age at the time the 16 offense was committed and the conviction was based 17 upon the minor's commission of: (i) an offense in 18 furtherance of the commission of a felony as a 19 member of or on behalf of a criminal street gang, 20 (ii) an offense involving the use of a firearm in 21 the commission of a felony, (iii) a Class X felony 22 offense under or a second or subsequent Class 2 or 23 greater felony offense under the Cannabis Control 24 Act, (iv) a second or subsequent offense under 25 Section 402 of the Illinois Controlled Substances 26 Act, or (v) an offense under Section 401 of the 27 Illinois Controlled Substances Act. 28 (D) Pending or following any adjudication of delinquency 29 for any offense defined in Sections 12-13 through 12-16 of 30 the Criminal Code of 1961, the victim of any such offense 31 shall receive the rights set out in Sections 4 and 6 of the 32 Bill of Rights for Victims and Witnesses of Violent Crime 33 Act; and the juvenile who is the subject of the adjudication, 34 notwithstanding any other provision of this Act, shall be -12- LRB093 11864 DRJ 16080 b 1 treated as an adult for the purpose of affording such rights 2 to the victim. 3 (E) Nothing in this Section shall affect the right of a 4 Civil Service Commission or appointing authority of any 5 state, county or municipality examining the character and 6 fitness of an applicant for employment with a law enforcement 7 agency, correctional institution, or fire department to 8 ascertain whether that applicant was ever adjudicated to be a 9 delinquent minor and, if so, to examine the records of 10 disposition or evidence which were made in proceedings under 11 this Act. 12 (F) Following any adjudication of delinquency for a 13 crime which would be a felony if committed by an adult, or 14 following any adjudication of delinquency for a violation of 15 Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 16 1961, the State's Attorney shall ascertain whether the minor 17 respondent is enrolled in school and, if so, shall provide a 18 copy of the dispositional order to the principal or chief 19 administrative officer of the school. Access to such 20 juvenile records shall be limited to the principal or chief 21 administrative officer of the school and any guidance 22 counselor designated by him. 23 (G) Nothing contained in this Act prevents the sharing 24 or disclosure of information or records relating or 25 pertaining to juveniles subject to the provisions of the 26 Serious Habitual Offender Comprehensive Action Program when 27 that information is used to assist in the early 28 identification and treatment of habitual juvenile offenders. 29 (H) When a Court hearing a proceeding under Article II 30 of this Act becomes aware that an earlier proceeding under 31 Article II had been heard in a different county, that Court 32 shall request, and the Court in which the earlier proceedings 33 were initiated shall transmit, an authenticated copy of the 34 Court record, including all documents, petitions, and orders -13- LRB093 11864 DRJ 16080 b 1 filed therein and the minute orders, transcript of 2 proceedings, and docket entries of the Court. 3 (I) The Clerk of the Circuit Court shall report to the 4 Department of State Police, in the form and manner required 5 by the Department of State Police, the final disposition of 6 each minor who has been arrested or taken into custody before 7 his or her 17th birthday for those offenses required to be 8 reported under Section 5 of the Criminal Identification Act. 9 Information reported to the Department under this Section may 10 be maintained with records that the Department files under 11 Section 2.1 of the Criminal Identification Act. 12 (Source: P.A. 91-357, eff. 7-29-99; 91-368, eff. 1-1-00, 13 92-415, eff. 8-17-01.) 14 (705 ILCS 405/2-29.5 new) 15 Sec. 2-29.5. Restoration of parental rights. 16 (a) A person whose parental rights with respect to a 17 minor have been terminated by a court under Section 2-29 may 18 file with the court a petition for restoration of those 19 parental rights. The parents of a minor may file a joint 20 petition. The petitioner must attach to the petition a 21 statement signed by the Director of the Parental Rights 22 Termination Investigation Agency or his or her designee and 23 setting forth, in substance, the following: 24 (1) The Agency has conducted an investigation of 25 the circumstances of the termination of the petitioner's 26 parental rights as authorized under the Parental Rights 27 Termination Investigation Agency Act. 28 (2) The Agency has determined that there is 29 reasonable cause to believe that the petitioner's 30 parental rights were terminated as a result of negligence 31 by the Department of Children and Family Services in 32 investigating or prosecuting the case for termination of 33 the petitioner's parental rights, in that the Department -14- LRB093 11864 DRJ 16080 b 1 ignored, or failed to properly investigate, or failed to 2 bring to the court's attention, evidence mitigating 3 against termination of the petitioner's parental rights. 4 The Director's statement must also include a summary of 5 the Agency's findings with respect to the investigation. 6 (b) A petition filed under this Section shall name the 7 guardian of the person of the minor as respondent. 8 (c) The State shall pay the petitioner's reasonable 9 attorney's fees incurred in maintaining an action under this 10 Section. 11 (d) The court shall conduct a hearing on the petition, 12 at which the petitioner and the respondent may present oral 13 or written evidence, or both, on the question of whether the 14 petitioner's parental rights should be restored. After 15 hearing the evidence, the court shall grant or deny the 16 petition or take other action, based on the evidence, as it 17 deems appropriate. 18 (705 ILCS 405/3-30.5 new) 19 Sec. 3-30.5. Restoration of parental rights. 20 (a) A person whose parental rights with respect to a 21 minor have been terminated by a court under Section 3-30 may 22 file with the court a petition for restoration of those 23 parental rights. The parents of a minor may file a joint 24 petition. The petitioner must attach to the petition a 25 statement signed by the Director of the Parental Rights 26 Termination Investigation Agency or his or her designee and 27 setting forth, in substance, the following: 28 (1) The Agency has conducted an investigation of 29 the circumstances of the termination of the petitioner's 30 parental rights as authorized under the Parental Rights 31 Termination Investigation Agency Act. 32 (2) The Agency has determined that there is 33 reasonable cause to believe that the petitioner's -15- LRB093 11864 DRJ 16080 b 1 parental rights were terminated as a result of negligence 2 by the Department of Children and Family Services in 3 investigating or prosecuting the case for termination of 4 the petitioner's parental rights, in that the Department 5 ignored, or failed to properly investigate, or failed to 6 bring to the court's attention, evidence mitigating 7 against termination of the petitioner's parental rights. 8 The Director's statement must also include a summary of 9 the Agency's findings with respect to the investigation. 10 (b) A petition filed under this Section shall name the 11 guardian of the person of the minor as respondent. 12 (c) The State shall pay the petitioner's reasonable 13 attorney's fees incurred in maintaining an action under this 14 Section. 15 (d) The court shall conduct a hearing on the petition, 16 at which the petitioner and the respondent may present oral 17 or written evidence, or both, on the question of whether the 18 petitioner's parental rights should be restored. After 19 hearing the evidence, the court shall grant or deny the 20 petition or take other action, based on the evidence, as it 21 deems appropriate. 22 (705 ILCS 405/4-27.5 new) 23 Sec. 4-27.5. Restoration of parental rights. 24 (a) A person whose parental rights with respect to a 25 minor have been terminated by a court under Section 4-27 may 26 file with the court a petition for restoration of those 27 parental rights. The parents of a minor may file a joint 28 petition. The petitioner must attach to the petition a 29 statement signed by the Director of the Parental Rights 30 Termination Investigation Agency or his or her designee and 31 setting forth, in substance, the following: 32 (1) The Agency has conducted an investigation of 33 the circumstances of the termination of the petitioner's -16- LRB093 11864 DRJ 16080 b 1 parental rights as authorized under the Parental Rights 2 Termination Investigation Agency Act. 3 (2) The Agency has determined that there is 4 reasonable cause to believe that the petitioner's 5 parental rights were terminated as a result of negligence 6 by the Department of Children and Family Services in 7 investigating or prosecuting the case for termination of 8 the petitioner's parental rights, in that the Department 9 ignored, or failed to properly investigate, or failed to 10 bring to the court's attention, evidence mitigating 11 against termination of the petitioner's parental rights. 12 The Director's statement must also include a summary of 13 the Agency's findings with respect to the investigation. 14 (b) A petition filed under this Section shall name the 15 guardian of the person of the minor as respondent. 16 (c) The State shall pay the petitioner's reasonable 17 attorney's fees incurred in maintaining an action under this 18 Section. 19 (d) The court shall conduct a hearing on the petition, 20 at which the petitioner and the respondent may present oral 21 or written evidence, or both, on the question of whether the 22 petitioner's parental rights should be restored. After 23 hearing the evidence, the court shall grant or deny the 24 petition or take other action, based on the evidence, as it 25 deems appropriate.