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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, a sibling of the child, or the same perpetrator; the
10parties to the proceedings filed under Article II of the
11Juvenile Court Act of 1987 are entitled to receive copies of
12previously unfounded reports regarding the same child, a
13sibling of the child, or the same perpetrator for purposes of
14hearings under Sections 2-10 and 2-21 of the Juvenile Court Act
15of 1987, and attorneys and guardians ad litem appointed under
16Article II of the Juvenile Court Act of 1987 shall receive the
17reports set forth in Section 7.14 of this Act in conformance
18with paragraph (19) of Section 11.1 and Section 7.14 of this
19Act. The names and other identifying data and the dates and the
20circumstances of any persons requesting or receiving
21information from the central register shall be entered in the
22register record.
23(Source: P.A. 97-1150, eff. 1-25-13; 98-807, eff. 8-1-14;
24revised 11-25-14.)
 
25    (325 ILCS 5/7.14)  (from Ch. 23, par. 2057.14)

 

 

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1    Sec. 7.14. All reports in the central register shall be
2classified in one of three categories: "indicated",
3"unfounded" or "undetermined", as the case may be. Prior to
4classifying the report, the person making the classification
5shall determine whether the child named in the report is the
6subject of an action under Article II of the Juvenile Court Act
7of 1987. If the child is the subject of an action under Article
8II of the Juvenile Court Act of 1987 and the Department intends
9to classify the report as indicated, the Department shall,
10within 45 days of classification of the report, transmit a copy
11of the report to the attorney or guardian ad litem appointed
12for the child under Section 2-17 of the Juvenile Court Act of
131987. If the child is the subject of an action under Article II
14of the Juvenile Court Act of 1987 and the Department intends to
15classify the report as unfounded, the Department shall, within
1645 days of deciding its intent to classify the report as
17unfounded, transmit a copy of the report and written notice of
18the Department's intent to the attorney or guardian ad litem
19appointed for the child under Section 2-17 of the Juvenile
20Court Act of 1987. All information identifying the subjects of
21an unfounded report shall be expunged from the register
22forthwith, except as provided in Section 7.7. Unfounded reports
23may only be made available to the Child Protective Service Unit
24when investigating a subsequent report of suspected abuse or
25maltreatment involving a child named in the unfounded report;
26and to the subject of the report, provided the Department has

 

 

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1not expunged the file in accordance with Section 7.7. The Child
2Protective Service Unit shall not indicate the subsequent
3report solely based upon the existence of the prior unfounded
4report or reports. Notwithstanding any other provision of law
5to the contrary, an unfounded report shall not be admissible in
6any judicial or administrative proceeding or action except for
7proceedings under Sections 2-10 and 2-21 of the Juvenile Court
8Act of 1987 involving a petition filed under Section 2-13 of
9the Juvenile Court Act of 1987 alleging abuse or neglect to the
10same child, a sibling of the child, or the same perpetrator.
11Identifying information on all other records shall be removed
12from the register no later than 5 years after the report is
13indicated. However, if another report is received involving the
14same child, his sibling or offspring, or a child in the care of
15the persons responsible for the child's welfare, or involving
16the same alleged offender, the identifying information may be
17maintained in the register until 5 years after the subsequent
18case or report is closed.
19    Notwithstanding any other provision of this Section,
20identifying information in indicated reports involving serious
21physical injury to a child as defined by the Department in
22rules, may be retained longer than 5 years after the report is
23indicated or after the subsequent case or report is closed, and
24may not be removed from the register except as provided by the
25Department in rules. Identifying information in indicated
26reports involving sexual penetration of a child, sexual

 

 

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1molestation of a child, sexual exploitation of a child, torture
2of a child, or the death of a child, as defined by the
3Department in rules, shall be retained for a period of not less
4than 50 years after the report is indicated or after the
5subsequent case or report is closed.
6    For purposes of this Section "child" includes an adult
7resident as defined in this Act.
8(Source: P.A. 97-333, eff. 8-12-11; 98-453, eff. 8-16-13;
998-807, eff. 8-1-14; revised 11-25-14.)