SB0752 99TH GENERAL ASSEMBLY

LRB099 05641 KTG 25681 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0752

Introduced 2/3/2015, by Sen. David Koehler

SYNOPSIS AS INTRODUCED:

325 ILCS 5/7.14	from Ch. 23, par. 2057.14
325 ILCS 5/7.16	from Ch. 23, par. 2057.16
325 ILCS 5/7.18	from Ch. 23, par. 2057.18

Amends the Abused and Neglected Child Reporting Act. Provides that the Department of Children and Family Services shall, by rule, prescribe retention periods of no longer than 2 years for indicated reports involving inadequate food, inadequate shelter, inadequate supervision, inadequate clothing, environmental neglect, lockout, and other categories as may be determined by the Department. Provides that nothing in this provision shall prohibit the Department from retaining an indicated report for up to 5 years in the foregoing categories of reports when there exist aggravated circumstances, as defined by rule. In a provision concerning appeals, provides that the Department shall, by rule, establish conditions under which an indicated report that has been properly appealed may be expunged upon completion of a course of services prescribed by the Department. Provides that notwithstanding the expiration of the deadline for appealing an indicated report and notwithstanding the previous issuance of a final administrative decision, the Director of the Department or his or her designee shall expunge from the central register either an indicated report or the name of a specified perpetrator if a court of law has found that either the alleged abuse or neglect, or the responsibility of the individual, was not established either by probable cause or by a preponderance of the evidence, provided that such court finding arises from the same nucleus of operative facts as the indicated report. Requires the Department to establish, by rule, a process for requesting relief on the basis of such court findings. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 7.14, 7.16, and 7.18 as follows:

(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 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 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.

The Department shall, by rule, prescribe retention periods of no longer than 2 years for indicated reports involving inadequate food, inadequate shelter, inadequate supervision, inadequate clothing, environmental neglect, lockout, and other categories as may be determined by the Department. Nothing in this Section prohibits the Department from retaining an indicated report for up to 5 years in the foregoing categories of reports when there exist aggravated circumstances, as defined by rule.

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; 98-807, eff. 8-1-14; revised 11-25-14.)

(325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)

Sec. 7.16. For any investigation or appeal initiated on or after, or pending on July 1, 1998, the following time frames shall apply. Within 60 days after the notification of the completion of the Child Protective Service Unit investigation, determined by the date of the notification sent by the Department, the perpetrator named in the notification may request the Department to amend the record or remove the record of the report from the register, except that the 60-day deadline for filing a request to amend the record or remove the record of the report from the State Central Register shall be tolled until after the conclusion of any criminal court action in the circuit court or after adjudication in any juvenile court action concerning the circumstances that give rise to an indicated report. Such request shall be in writing and directed to such person as the Department designates in the notification letter notifying the perpetrator of the indicated finding. The perpetrator shall have the right to a timely hearing within the Department to determine whether the record of the report should be amended or removed on the grounds that it is inaccurate or it is being maintained in a manner inconsistent with this Act, except that there shall be no such right to a hearing on the ground of the report's inaccuracy if there has been a court finding of child abuse or neglect or a criminal finding of guilt as to the perpetrator. Such hearing shall be held within a reasonable time after the perpetrator's request and at a reasonable place and hour. The appropriate Child Protective Service Unit shall be given notice of the hearing. If the minor, who is the victim named in the report sought to be amended or removed from the State Central Register, is the subject of a pending action under Article II of the Juvenile Court Act of 1987, and the report was made while a guardian ad litem was appointed for the minor under Section 2-17 of the Juvenile Court Act of 1987, then the minor shall, through the minor's attorney or guardian ad litem appointed under Section 2-17 of the Juvenile Court Act of 1987, have the right to participate and be heard in such hearing as defined under the Department's rules. In such hearings, the burden of proving the accuracy and consistency of the record shall be on the Department and the appropriate Child Protective Service Unit. The hearing shall be conducted by the Director or his designee, who is hereby authorized and empowered to order the amendment or removal of the record to make it accurate and consistent with this Act. The decision shall be made, in writing, at the close of the hearing, or within 60 days thereof, and shall state the reasons upon which it is based. Decisions of the Department under this Section are administrative decisions subject to judicial review under the Administrative Review Law.

The Department shall, by rule, establish conditions under which an indicated report that has been properly appealed under this Section may be expunged upon completion of a course of services prescribed by the Department.

Should the Department grant the request of the perpetrator pursuant to this Section either on administrative review or after an administrative hearing to amend an indicated report to an unfounded report, or upon completion of a course of services prescribed by the Department, the report shall be released and expunged in accordance with the standards set forth in Section 7.14 of this Act.

(Source: P.A. 98-453, eff. 8-16-13; 98-487, eff. 1-1-14; 98-756, eff. 7-16-14.)

(325 ILCS 5/7.18) (from Ch. 23, par. 2057.18)

Sec. 7.18. Pursuant to Sections 7.15 and 7.16 and for good cause shown, the Child Protective Service Unit may amend any report previously sent to the State-wide center. Unless otherwise prescribed by this Act, the content, form, manner and timing of making the reports shall be established by rules of the Department.

Notwithstanding the expiration of the deadline set forth in Section 7.16 for appealing an indicated report and notwithstanding the previous issuance of a final administrative decision, the Director or his or her designee shall expunge from the central register either an indicated report or the name of a specified perpetrator if a court of law has found that either the alleged abuse or neglect, or the responsibility of the individual, was not established either by probable cause or by a preponderance of the evidence, provided that such court finding arises from the same nucleus of operative facts as the indicated report. The Department shall establish, by rule, a process for requesting relief on the basis of such court findings.

(Source: P.A. 81-1077.)

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