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1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Sections 7.8 and 7.14 as follows:
 
6    (325 ILCS 5/7.8)  (from Ch. 23, par. 2057.8)
7    Sec. 7.8. Upon receiving an oral or written report of
8suspected child abuse or neglect, the Department shall
9immediately notify, either orally or electronically, the Child
10Protective Service Unit of a previous report concerning a
11subject of the present report or other pertinent information.
12In addition, upon satisfactory identification procedures, to
13be established by Department regulation, any person authorized
14to have access to records under Section 11.1 relating to child
15abuse and neglect may request and shall be immediately provided
16the information requested in accordance with this Act. However,
17no information shall be released unless it prominently states
18the report is "indicated", and only information from
19"indicated" reports shall be released, except that information
20concerning pending reports may be released pursuant to Sections
217.14 and 7.22 of this Act to the attorney or guardian ad litem
22appointed under Section 2-17 of the Juvenile Court Act of 1987
23and to any person authorized under paragraphs (1), (2), (3) and

 

 

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1(11) of Section 11.1. In addition, State's Attorneys are
2authorized to receive unfounded reports (i) for prosecution
3purposes related to the transmission of false reports of child
4abuse or neglect in violation of subsection (a), paragraph (7)
5of Section 26-1 of the Criminal Code of 2012 or (ii) for the
6purposes of screening and prosecuting a petition filed under
7Article II of the Juvenile Court Act of 1987 alleging a
8subsequent allegation of abuse or neglect relating to the same
9child, sibling of the child, or the same perpetrator, and
10attorneys and guardians ad litem appointed under Article II of
11the Juvenile Court Act of 1987 shall receive the reports set
12forth in Section 7.14 of this Act in conformance with paragraph
13(19) of Section 11.1 and Section 7.14 of this Act. The names
14and other identifying data and the dates and the circumstances
15of any persons requesting or receiving information from the
16central register shall be entered in the register record.
17(Source: P.A. 97-1150, eff. 1-25-13; 98-807, eff. 8-1-14;
18revised 11-25-14.)
 
19    (325 ILCS 5/7.14)  (from Ch. 23, par. 2057.14)
20    Sec. 7.14. All reports in the central register shall be
21classified in one of three categories: "indicated",
22"unfounded" or "undetermined", as the case may be. Prior to
23classifying the report, the person making the classification
24shall determine whether the child named in the report is the
25subject of an action under Article II of the Juvenile Court Act

 

 

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1of 1987. If the child is the subject of an action under Article
2II of the Juvenile Court Act of 1987 and the Department intends
3to classify the report as indicated, the Department shall,
4within 45 days of classification of the report, transmit a copy
5of the report to the attorney or guardian ad litem appointed
6for the child under Section 2-17 of the Juvenile Court Act of
71987. If the child is the subject of an action under Article II
8of the Juvenile Court Act of 1987 and the Department intends to
9classify the report as unfounded, the Department shall, within
1045 days of deciding its intent to classify the report as
11unfounded, transmit a copy of the report and written notice of
12the Department's intent to the attorney or guardian ad litem
13appointed for the child under Section 2-17 of the Juvenile
14Court Act of 1987. All information identifying the subjects of
15an unfounded report shall be expunged from the register
16forthwith, except as provided in Section 7.7. Unfounded reports
17may only be made available to the Child Protective Service Unit
18when investigating a subsequent report of suspected abuse or
19maltreatment involving a child named in the unfounded report;
20and to the subject of the report, provided the Department has
21not expunged the file in accordance with Section 7.7. The Child
22Protective Service Unit shall not indicate the subsequent
23report solely based upon the existence of the prior unfounded
24report or reports. Notwithstanding any other provision of law
25to the contrary, an unfounded report shall not be admissible in
26any judicial or administrative proceeding or action except for

 

 

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1the purpose of prosecuting a petition filed under Article II of
2the Juvenile Court Act of 1987 alleging a subsequent allegation
3of abuse or neglect relating to the same child, sibling of the
4child, or the same perpetrator. Identifying information on all
5other records shall be removed from the register no later than
65 years after the report is indicated. However, if another
7report is received involving the same child, his sibling or
8offspring, or a child in the care of the persons responsible
9for the child's welfare, or involving the same alleged
10offender, the identifying information may be maintained in the
11register until 5 years after the subsequent case or report is
12closed.
13    Notwithstanding any other provision of this Section,
14identifying information in indicated reports involving serious
15physical injury to a child as defined by the Department in
16rules, may be retained longer than 5 years after the report is
17indicated or after the subsequent case or report is closed, and
18may not be removed from the register except as provided by the
19Department in rules. Identifying information in indicated
20reports involving sexual penetration of a child, sexual
21molestation of a child, sexual exploitation of a child, torture
22of a child, or the death of a child, as defined by the
23Department in rules, shall be retained for a period of not less
24than 50 years after the report is indicated or after the
25subsequent case or report is closed.
26    For purposes of this Section "child" includes an adult

 

 

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1resident as defined in this Act.
2(Source: P.A. 97-333, eff. 8-12-11; 98-453, eff. 8-16-13;
398-807, eff. 8-1-14; revised 11-25-14.)