Sen. Kimberly A. Lightford

Filed: 3/19/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1335

2    AMENDMENT NO. ______. Amend Senate Bill 1335 by replacing
3everything after the enacting clause with the following:
 
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,

 

 

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1no information shall be released unless it prominently states
2the report is "indicated", and only information from
3"indicated" reports shall be released, except that information
4concerning pending reports may be released pursuant to Sections
57.14 and 7.22 of this Act to the attorney or guardian ad litem
6appointed under Section 2-17 of the Juvenile Court Act of 1987
7and to any person authorized under paragraphs (1), (2), (3) and
8(11) of Section 11.1. In addition, State's Attorneys are
9authorized to receive unfounded reports (i) for prosecution
10purposes related to the transmission of false reports of child
11abuse or neglect in violation of subsection (a), paragraph (7)
12of Section 26-1 of the Criminal Code of 2012 or (ii) for the
13purposes of screening and prosecuting a petition filed under
14Article II of the Juvenile Court Act of 1987 alleging a
15subsequent allegation of abuse or neglect relating to the same
16child, sibling of the child, or the same perpetrator, and
17attorneys and guardians ad litem appointed under Article II of
18the Juvenile Court Act of 1987 shall receive the reports set
19forth in Section 7.14 of this Act in conformance with paragraph
20(19) of Section 11.1 and Section 7.14 of this Act. The names
21and other identifying data and the dates and the circumstances
22of any persons requesting or receiving information from the
23central register shall be entered in the register record.
24(Source: P.A. 97-1150, eff. 1-25-13; 98-807, eff. 8-1-14;
25revised 11-25-14.)
 

 

 

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1    (325 ILCS 5/7.14)  (from Ch. 23, par. 2057.14)
2    Sec. 7.14. All reports in the central register shall be
3classified in one of three categories: "indicated",
4"unfounded" or "undetermined", as the case may be. Prior to
5classifying the report, the person making the classification
6shall determine whether the child named in the report is the
7subject of an action under Article II of the Juvenile Court Act
8of 1987. If the child is the subject of an action under Article
9II of the Juvenile Court Act of 1987 and the Department intends
10to classify the report as indicated, the Department shall,
11within 45 days of classification of the report, transmit a copy
12of the report to the attorney or guardian ad litem appointed
13for the child under Section 2-17 of the Juvenile Court Act of
141987. If the child is the subject of an action under Article II
15of the Juvenile Court Act of 1987 and the Department intends to
16classify the report as unfounded, the Department shall, within
1745 days of deciding its intent to classify the report as
18unfounded, transmit a copy of the report and written notice of
19the Department's intent to the attorney or guardian ad litem
20appointed for the child under Section 2-17 of the Juvenile
21Court Act of 1987. All information identifying the subjects of
22an unfounded report shall be expunged from the register
23forthwith, except as provided in Section 7.7. Unfounded reports
24may only be made available to the Child Protective Service Unit
25when investigating a subsequent report of suspected abuse or
26maltreatment involving a child named in the unfounded report;

 

 

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

 

 

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1reports involving sexual penetration of a child, sexual
2molestation of a child, sexual exploitation of a child, torture
3of a child, or the death of a child, as defined by the
4Department in rules, shall be retained for a period of not less
5than 50 years after the report is indicated or after the
6subsequent case or report is closed.
7    For purposes of this Section "child" includes an adult
8resident as defined in this Act.
9(Source: P.A. 97-333, eff. 8-12-11; 98-453, eff. 8-16-13;
1098-807, eff. 8-1-14; revised 11-25-14.)".