Full Text of HB0831 101st General Assembly
HB0831enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning children.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Abused and Neglected Child Reporting Act is | 5 | | amended by changing Sections 7.4, 7.8, and 11.1 and by adding | 6 | | Section 4.4c as follows: | 7 | | (325 ILCS 5/4.4c new) | 8 | | Sec. 4.4c. Duty to notify the Directors of Public Health | 9 | | and Healthcare and Family Services. Whenever the Department | 10 | | receives, by means of its statewide toll-free telephone number | 11 | | established under Section 7.6 for the purpose of reporting | 12 | | suspected child abuse or neglect or by any other means or from | 13 | | any mandated reporter under Section 4, a report of suspected | 14 | | abuse or neglect of a child and the child is alleged to have | 15 | | been abused or neglected while receiving care in a hospital, | 16 | | including a freestanding psychiatric hospital licensed by the | 17 | | Department of Public Health, the Department shall notify the | 18 | | Director of Public Health and the Director of Healthcare and | 19 | | Family Services of the report.
| 20 | | (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
| 21 | | Sec. 7.4. (a) The Department shall be capable of receiving | 22 | | reports of
suspected child abuse or neglect 24 hours a day, 7 |
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| 1 | | days a week. Whenever
the Department receives a report alleging | 2 | | that a child is a
truant as defined in Section 26-2a of the | 3 | | School Code, as now or hereafter
amended, the Department shall | 4 | | notify the superintendent of the school
district in which the | 5 | | child resides and the appropriate superintendent of
the | 6 | | educational service region. The notification to the | 7 | | appropriate
officials by the Department shall not be considered | 8 | | an allegation of abuse
or neglect under this Act.
| 9 | | (a-5) The Department of Children and Family Services may | 10 | | implement a "differential response program" in accordance with | 11 | | criteria, standards, and procedures prescribed by rule. The | 12 | | program may provide that, upon receiving a report, the | 13 | | Department shall determine whether to conduct a family | 14 | | assessment or an investigation as appropriate to prevent or | 15 | | provide a remedy for child abuse or neglect. | 16 | | For purposes of this subsection (a-5), "family assessment" | 17 | | means a comprehensive assessment of child safety, risk of | 18 | | subsequent child maltreatment, and family strengths and needs | 19 | | that is applied to a child maltreatment report that does not | 20 | | allege substantial child endangerment. "Family assessment" | 21 | | does not include a determination as to whether child | 22 | | maltreatment occurred but does determine the need for services | 23 | | to address the safety of family members and the risk of | 24 | | subsequent maltreatment. | 25 | | For purposes of this subsection (a-5), "investigation" | 26 | | means fact-gathering related to the current safety of a child |
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| 1 | | and the risk of subsequent abuse or neglect that determines | 2 | | whether a report of suspected child abuse or neglect should be | 3 | | indicated or unfounded and whether child protective services | 4 | | are needed. | 5 | | Under the "differential response program" implemented | 6 | | under this subsection (a-5), the Department: | 7 | | (1) Shall conduct an investigation on reports | 8 | | involving substantial child abuse or neglect. | 9 | | (2) Shall begin an immediate investigation if, at any | 10 | | time when it is using a family assessment response, it | 11 | | determines that there is reason to believe that substantial | 12 | | child abuse or neglect or a serious threat to the child's | 13 | | safety exists. | 14 | | (3) May conduct a family assessment for reports that do | 15 | | not allege substantial child endangerment. In determining | 16 | | that a family assessment is appropriate, the Department may | 17 | | consider issues, including, but not limited to, child | 18 | | safety, parental cooperation, and the need for an immediate | 19 | | response. | 20 | | (4) Shall promulgate criteria, standards, and | 21 | | procedures that shall be applied in making this | 22 | | determination, taking into consideration the Child | 23 | | Endangerment Risk Assessment Protocol of the Department. | 24 | | (5) May conduct a family assessment on a report that | 25 | | was initially screened and assigned for an investigation. | 26 | | In determining that a complete investigation is not |
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| 1 | | required, the Department must document the reason for | 2 | | terminating the investigation and notify the local law | 3 | | enforcement agency or the Department of State Police if the | 4 | | local law enforcement agency or Department of State Police is | 5 | | conducting a joint investigation. | 6 | | Once it is determined that a "family assessment" will be | 7 | | implemented, the case shall not be reported to the central | 8 | | register of abuse and neglect reports. | 9 | | During a family assessment, the Department shall collect | 10 | | any available and relevant information to determine child | 11 | | safety, risk of subsequent abuse or neglect, and family | 12 | | strengths. | 13 | | Information collected includes, but is not limited to, when | 14 | | relevant: information with regard to the person reporting the | 15 | | alleged abuse or neglect, including the nature of the | 16 | | reporter's relationship to the child and to the alleged | 17 | | offender, and the basis of the reporter's knowledge for the | 18 | | report; the child allegedly being abused or neglected; the | 19 | | alleged offender; the child's caretaker; and other collateral | 20 | | sources having relevant information related to the alleged | 21 | | abuse or neglect. Information relevant to the assessment must | 22 | | be asked for, and may include: | 23 | | (A) The child's sex and age, prior reports of abuse or | 24 | | neglect, information relating to developmental | 25 | | functioning, credibility of the child's statement, and | 26 | | whether the information provided under this paragraph (A) |
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| 1 | | is consistent with other information collected during the | 2 | | course of the assessment or investigation. | 3 | | (B) The alleged offender's age, a record check for | 4 | | prior reports of abuse or neglect, and criminal charges and | 5 | | convictions. The alleged offender may submit supporting | 6 | | documentation relevant to the assessment. | 7 | | (C) Collateral source information regarding the | 8 | | alleged abuse or neglect and care of the child. Collateral | 9 | | information includes, when relevant: (i) a medical | 10 | | examination of the child; (ii) prior medical records | 11 | | relating to the alleged maltreatment or care of the child | 12 | | maintained by any facility, clinic, or health care | 13 | | professional, and an interview with the treating | 14 | | professionals; and (iii) interviews with the child's | 15 | | caretakers, including the child's parent, guardian, foster | 16 | | parent, child care provider, teachers, counselors, family | 17 | | members, relatives, and other persons who may have | 18 | | knowledge regarding the alleged maltreatment and the care | 19 | | of the child. | 20 | | (D) Information on the existence of domestic abuse and | 21 | | violence in the home of the child, and substance abuse. | 22 | | Nothing in this subsection (a-5) precludes the Department | 23 | | from collecting other relevant information necessary to | 24 | | conduct the assessment or investigation. Nothing in this | 25 | | subsection (a-5) shall be construed to allow the name or | 26 | | identity of a reporter to be disclosed in violation of the |
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| 1 | | protections afforded under Section 7.19 of this Act. | 2 | | After conducting the family assessment, the Department | 3 | | shall determine whether services are needed to address the | 4 | | safety of the child and other family members and the risk of | 5 | | subsequent abuse or neglect. | 6 | | Upon completion of the family assessment, if the Department | 7 | | concludes that no services shall be offered, then the case | 8 | | shall be closed. If the Department concludes that services | 9 | | shall be offered, the Department shall develop a family | 10 | | preservation plan and offer or refer services to the family. | 11 | | At any time during a family assessment, if the Department | 12 | | believes there is any reason to stop the assessment and conduct | 13 | | an investigation based on the information discovered, the | 14 | | Department shall do so. | 15 | | The procedures available to the Department in conducting | 16 | | investigations under this Act shall be followed as appropriate | 17 | | during a family assessment. | 18 | | If the Department implements a differential response | 19 | | program authorized under this subsection (a-5), the Department | 20 | | shall arrange for an independent evaluation of the program for | 21 | | at least the first 3 years of implementation to determine | 22 | | whether it is meeting the goals in accordance with Section 2 of | 23 | | this Act. | 24 | | The Department may adopt administrative rules necessary | 25 | | for the execution of this Section, in accordance with Section 4 | 26 | | of the Children and Family Services Act. |
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| 1 | | The Department shall submit a report to the General | 2 | | Assembly by January 15, 2018 on the implementation progress and | 3 | | recommendations for additional needed legislative changes.
| 4 | | (b)(1) The following procedures shall be followed in the | 5 | | investigation
of all reports of suspected abuse or neglect of a | 6 | | child, except as provided
in subsection (c) of this Section.
| 7 | | (2) If, during a family assessment authorized by subsection | 8 | | (a-5) or an investigation, it appears that the immediate safety | 9 | | or well-being of a child is
endangered, that the family may | 10 | | flee or the child disappear, or that the
facts otherwise so | 11 | | warrant, the Child Protective Service Unit shall
commence an | 12 | | investigation immediately, regardless of the time of day or
| 13 | | night. All other investigations shall be commenced within 24
| 14 | | hours of receipt of the report. Upon receipt of a report, the | 15 | | Child
Protective Service Unit shall conduct a family assessment | 16 | | authorized by subsection (a-5) or begin an initial | 17 | | investigation and make an initial
determination whether the | 18 | | report is a good faith indication of alleged
child abuse or | 19 | | neglect.
| 20 | | (3) Based on an initial investigation, if the Unit | 21 | | determines the report is a good faith
indication of alleged | 22 | | child abuse or neglect, then a formal investigation
shall | 23 | | commence and, pursuant to Section 7.12 of this Act, may or may | 24 | | not
result in an indicated report. The formal investigation | 25 | | shall include:
direct contact with the subject or subjects of | 26 | | the report as soon as
possible after the report is received; an
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| 1 | | evaluation of the environment of the child named in the report | 2 | | and any other
children in the same environment; a determination | 3 | | of the risk to such
children if they continue to remain in the | 4 | | existing environments, as well
as a determination of the | 5 | | nature, extent and cause of any condition
enumerated in such | 6 | | report; the name, age and condition of other children in
the | 7 | | environment; and an evaluation as to whether there would be an
| 8 | | immediate and urgent necessity to remove the child from the | 9 | | environment if
appropriate family preservation services were | 10 | | provided. After seeing to
the safety of the child or children, | 11 | | the Department shall
forthwith notify the subjects of the | 12 | | report in writing, of the existence
of the report and their | 13 | | rights existing under this Act in regard to amendment
or | 14 | | expungement. To fulfill the requirements of this Section, the | 15 | | Child
Protective Service Unit shall have the capability of | 16 | | providing or arranging
for comprehensive emergency services to | 17 | | children and families at all times
of the day or night.
| 18 | | (4) If (i) at the conclusion of the Unit's initial | 19 | | investigation of a
report, the Unit determines the report to be | 20 | | a good faith indication of
alleged child abuse or neglect that | 21 | | warrants a formal investigation by
the Unit, the Department, | 22 | | any law enforcement agency or any other
responsible agency and | 23 | | (ii) the person who is alleged to have caused the
abuse or | 24 | | neglect is employed or otherwise engaged in an activity | 25 | | resulting
in frequent contact with children and the alleged | 26 | | abuse or neglect are in
the course of such employment or |
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| 1 | | activity, then the Department shall,
except in investigations | 2 | | where the Director determines that such
notification would be | 3 | | detrimental to the Department's investigation, inform
the | 4 | | appropriate supervisor or administrator of that employment or | 5 | | activity
that the Unit has commenced a formal investigation | 6 | | pursuant to this Act,
which may or may not result in an | 7 | | indicated report. The Department shall also
notify the person | 8 | | being investigated, unless the Director determines that
such | 9 | | notification would be detrimental to the Department's | 10 | | investigation.
| 11 | | (c) In an investigation of a report of suspected abuse or | 12 | | neglect of
a child by a school employee at a school or on | 13 | | school grounds, the
Department shall make reasonable efforts to | 14 | | follow the following procedures:
| 15 | | (1) Investigations involving teachers shall not, to | 16 | | the extent possible,
be conducted when the teacher is | 17 | | scheduled to conduct classes.
Investigations involving | 18 | | other school employees shall be conducted so as to
minimize | 19 | | disruption of the school day. The school employee accused | 20 | | of
child abuse or neglect may have his superior, his | 21 | | association or union
representative and his attorney | 22 | | present at any interview or meeting at
which the teacher or | 23 | | administrator is present. The accused school employee
| 24 | | shall be informed by a representative of the Department, at | 25 | | any
interview or meeting, of the accused school employee's | 26 | | due process rights
and of the steps in the investigation |
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| 1 | | process.
These due
process rights shall also include the | 2 | | right of the school employee to
present countervailing | 3 | | evidence regarding the accusations. In an investigation in | 4 | | which the alleged perpetrator of abuse or neglect is a | 5 | | school employee, including, but not limited to, a school | 6 | | teacher or administrator, and the recommendation is to | 7 | | determine the report to be indicated, in addition to other | 8 | | procedures as set forth and defined in Department rules and | 9 | | procedures, the employee's due process rights shall also | 10 | | include: (i) the right to a copy of the investigation | 11 | | summary; (ii) the right to review the specific allegations | 12 | | which gave rise to the investigation; and (iii) the right | 13 | | to an administrator's teleconference which shall be | 14 | | convened to provide the school employee with the | 15 | | opportunity to present documentary evidence or other | 16 | | information that supports his or her position and to | 17 | | provide information before a final finding is entered.
| 18 | | (2) If a report of neglect or abuse of a child by a | 19 | | teacher or
administrator does not involve allegations of | 20 | | sexual abuse or extreme
physical abuse, the Child | 21 | | Protective Service Unit shall make reasonable
efforts to | 22 | | conduct the initial investigation in coordination with the
| 23 | | employee's supervisor.
| 24 | | If the Unit determines that the report is a good faith | 25 | | indication of
potential child abuse or neglect, it shall | 26 | | then commence a formal
investigation under paragraph (3) of |
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| 1 | | subsection (b) of this Section.
| 2 | | (3) If a report of neglect or abuse of a child by a | 3 | | teacher or
administrator involves an allegation of sexual | 4 | | abuse or extreme physical
abuse, the Child Protective Unit | 5 | | shall commence an investigation under
paragraph (2) of | 6 | | subsection (b) of this Section.
| 7 | | (c-5) In any instance in which a report is made or caused | 8 | | to made by a school district employee involving the conduct of | 9 | | a person employed by the school district, at the time the | 10 | | report was made, as required under Section 4 of this Act, the | 11 | | Child Protective Service Unit shall send a copy of its final | 12 | | finding report to the general superintendent of that school | 13 | | district.
| 14 | | (c-10) The Department may recommend that a school district | 15 | | remove a school employee who is the subject of an investigation | 16 | | from his or her employment position pending the outcome of the | 17 | | investigation; however, all employment decisions regarding | 18 | | school personnel shall be the sole responsibility of the school | 19 | | district or employer. The Department may not require a school | 20 | | district to remove a school employee from his or her employment | 21 | | position or limit the school employee's duties pending the | 22 | | outcome of an investigation. | 23 | | (d) If the Department has contact with an employer, or with | 24 | | a religious
institution or religious official having | 25 | | supervisory or hierarchical authority
over a member of the | 26 | | clergy accused of the abuse of a child,
in the course of its
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| 1 | | investigation, the Department shall notify the employer or the | 2 | | religious
institution or religious official, in writing, when a
| 3 | | report is unfounded so that any record of the investigation can | 4 | | be expunged
from the employee's or member of the clergy's | 5 | | personnel or other
records. The Department shall also notify
| 6 | | the employee or the member of the clergy, in writing, that | 7 | | notification
has been sent to the employer or to the | 8 | | appropriate religious institution or
religious official
| 9 | | informing the employer or religious institution or religious | 10 | | official that
the
Department's investigation has resulted in
an | 11 | | unfounded report.
| 12 | | (d-1) Whenever a report alleges that a child was abused or | 13 | | neglected while receiving care in a hospital, including a | 14 | | freestanding psychiatric hospital licensed by the Department | 15 | | of Public Health, the Department shall send a copy of its final | 16 | | finding to the Director of Public Health and the Director of | 17 | | Healthcare and Family Services. | 18 | | (e) Upon request by the Department, the
Department of State | 19 | | Police and law enforcement agencies are
authorized to provide | 20 | | criminal history record information
as defined in the Illinois | 21 | | Uniform Conviction Information Act and information
maintained | 22 | | in
the adjudicatory and dispositional record system as defined | 23 | | in Section
2605-355 of the Department of State Police Law (20 | 24 | | ILCS
2605/2605-355) to properly
designated
employees of the
| 25 | | Department of Children
and Family Services if the Department | 26 | | determines the information is
necessary to perform its duties |
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| 1 | | under the Abused and
Neglected Child Reporting Act, the Child | 2 | | Care Act of 1969, and the Children and
Family Services Act. The
| 3 | | request shall be in the form and manner required
by
the | 4 | | Department of State Police. Any information obtained by the | 5 | | Department of
Children
and Family Services under this Section | 6 | | is
confidential and may not be transmitted outside the | 7 | | Department of Children
and Family Services other than to a | 8 | | court of competent jurisdiction or unless
otherwise authorized | 9 | | by law.
Any employee of the Department of Children and Family | 10 | | Services who transmits
confidential information in
violation | 11 | | of this
Section or causes the information to be
transmitted in | 12 | | violation of this Section is guilty of a Class A
misdemeanor | 13 | | unless the transmittal of
the
information is
authorized by this | 14 | | Section or otherwise authorized by law.
| 15 | | (f) For purposes of this Section, "child abuse or neglect" | 16 | | includes abuse or neglect of an adult resident as defined in | 17 | | this Act. | 18 | | (Source: P.A. 100-68, eff. 1-1-18; 100-176, eff. 1-1-18; | 19 | | 100-191, eff. 1-1-18; 100-863, eff. 8-14-18.)
| 20 | | (325 ILCS 5/7.8)
| 21 | | Sec. 7.8.
Upon receiving an oral or written report of | 22 | | suspected
child abuse or neglect, the Department shall | 23 | | immediately notify, either
orally or electronically, the Child | 24 | | Protective Service Unit of a previous
report concerning a | 25 | | subject of the present report or other pertinent
information. |
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| 1 | | In addition, upon satisfactory identification procedures, to
| 2 | | be established by Department regulation, any person authorized | 3 | | to have
access to records under Section 11.1 relating to child | 4 | | abuse and neglect
may request and shall be immediately provided | 5 | | the information requested in
accordance with this Act. However, | 6 | | no information shall be released unless
it prominently states | 7 | | the report is "indicated", and only information from
| 8 | | "indicated" reports shall be released, except that information | 9 | | concerning
pending reports may be released pursuant to Sections | 10 | | 7.14 and 7.22 of this Act to the attorney or guardian ad litem | 11 | | appointed under Section 2-17 of the Juvenile Court Act of 1987 | 12 | | and to any person authorized under
paragraphs (1), (2), (3) and | 13 | | (11) of Section 11.1. In addition, State's
Attorneys are | 14 | | authorized to receive unfounded reports (i) for prosecution
| 15 | | purposes related to the transmission of false reports of child | 16 | | abuse or
neglect in violation of subsection (a), paragraph (7) | 17 | | of Section 26-1
of the Criminal Code of 2012 or (ii) for the | 18 | | purposes of screening and prosecuting a petition filed under | 19 | | Article II of the Juvenile Court Act of 1987 alleging a | 20 | | subsequent allegation of abuse or neglect relating to the same | 21 | | child, a sibling of the child, or the same perpetrator; the | 22 | | parties to the proceedings
filed under Article II of the | 23 | | Juvenile Court Act of 1987 are entitled to receive
copies of | 24 | | previously unfounded reports regarding the same child, a | 25 | | sibling of the
child, or the same perpetrator for purposes of | 26 | | hearings under Sections 2-10 and 2-21 of the Juvenile Court Act |
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| 1 | | of 1987, and attorneys and guardians ad litem appointed under
| 2 | | Article II of the Juvenile Court Act of 1987 shall receive the
| 3 | | reports set forth in Section 7.14 of this Act in conformance | 4 | | with paragraph
(19) of Section 11.1 and Section 7.14 of this | 5 | | Act. The Department of Public Health shall receive information | 6 | | from unfounded reports involving children alleged to have been | 7 | | abused or neglected while hospitalized, including while | 8 | | hospitalized in freestanding psychiatric hospitals licensed by | 9 | | the Department of Public Health, as necessary for the | 10 | | Department of Public Health to conduct its licensing | 11 | | investigation. The Department is authorized and required to | 12 | | release information from unfounded reports, upon request by a | 13 | | person who has access to the unfounded report as provided in | 14 | | this Act, as necessary in its determination to protect children | 15 | | and adult residents who are in child care facilities licensed | 16 | | by the Department under the Child Care Act of 1969. The names | 17 | | and other
identifying data and the dates and the circumstances | 18 | | of any persons
requesting or receiving information from the | 19 | | central register shall be
entered in the register record.
| 20 | | (Source: P.A. 98-807, eff. 8-1-14; 99-78, eff. 7-20-15; 99-349, | 21 | | eff. 1-1-16; 99-350, eff. 6-1-16; 99-642, eff. 7-28-16.)
| 22 | | (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
| 23 | | Sec. 11.1. Access to records.
| 24 | | (a) A person shall have access to the
records described in | 25 | | Section 11 only in furtherance of purposes directly
connected |
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| 1 | | with the administration of this Act or the Intergovernmental | 2 | | Missing
Child Recovery Act of 1984. Those persons and purposes | 3 | | for access include:
| 4 | | (1) Department staff in the furtherance of their | 5 | | responsibilities under
this Act, or for the purpose of | 6 | | completing background investigations on
persons or | 7 | | agencies licensed by the Department or with whom the | 8 | | Department
contracts for the provision of child welfare | 9 | | services.
| 10 | | (2) A law enforcement agency investigating known or | 11 | | suspected child abuse
or neglect, known or suspected | 12 | | involvement with child pornography, known or
suspected | 13 | | criminal sexual assault, known or suspected criminal | 14 | | sexual abuse, or
any other sexual offense when a child is | 15 | | alleged to be involved.
| 16 | | (3) The Department of State Police when administering | 17 | | the provisions of
the Intergovernmental Missing Child | 18 | | Recovery Act of 1984.
| 19 | | (4) A physician who has before him a child whom he | 20 | | reasonably
suspects may be abused or neglected.
| 21 | | (5) A person authorized under Section 5 of this Act to | 22 | | place a child
in temporary protective custody when such | 23 | | person requires the
information in the report or record to | 24 | | determine whether to place the
child in temporary | 25 | | protective custody.
| 26 | | (6) A person having the legal responsibility or |
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| 1 | | authorization to
care for, treat, or supervise a child, or | 2 | | a parent, prospective adoptive parent, foster parent,
| 3 | | guardian, or other
person responsible for the child's | 4 | | welfare, who is the subject of a report.
| 5 | | (7) Except in regard to harmful or detrimental | 6 | | information as
provided in Section 7.19, any subject of the | 7 | | report, and if the subject of
the report is a minor, his | 8 | | guardian or guardian ad litem.
| 9 | | (8) A court, upon its finding that access to such | 10 | | records may be
necessary for the determination of an issue | 11 | | before such court; however,
such access shall be limited to | 12 | | in camera inspection, unless the court
determines that | 13 | | public disclosure of the information contained therein
is | 14 | | necessary for the resolution of an issue then pending | 15 | | before it.
| 16 | | (8.1) A probation officer or other authorized | 17 | | representative of a
probation or court services department | 18 | | conducting an investigation ordered
by a court under the | 19 | | Juvenile Court Act of 1987.
| 20 | | (9) A grand jury, upon its determination that access to | 21 | | such records
is necessary in the conduct of its official | 22 | | business.
| 23 | | (10) Any person authorized by the Director, in writing, | 24 | | for audit or
bona fide research purposes.
| 25 | | (11) Law enforcement agencies, coroners or medical | 26 | | examiners,
physicians, courts, school superintendents and |
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| 1 | | child welfare agencies
in other states who are responsible | 2 | | for child abuse or neglect
investigations or background | 3 | | investigations.
| 4 | | (12) The Department of Professional Regulation, the | 5 | | State Board of
Education and school superintendents in | 6 | | Illinois, who may use or disclose
information from the | 7 | | records as they deem necessary to conduct
investigations or | 8 | | take disciplinary action, as provided by law.
| 9 | | (13) A coroner or medical examiner who has reason to
| 10 | | believe that a child has died as the result of abuse or | 11 | | neglect.
| 12 | | (14) The Director of a State-operated facility when an | 13 | | employee of that
facility is the perpetrator in an | 14 | | indicated report.
| 15 | | (15) The operator of a licensed child care facility or | 16 | | a facility licensed
by the Department of Human Services (as | 17 | | successor to the Department of
Alcoholism and Substance | 18 | | Abuse) in which children reside
when a current or | 19 | | prospective employee of that facility is the perpetrator in
| 20 | | an indicated child abuse or neglect report, pursuant to | 21 | | Section 4.3 of the
Child Care Act of 1969.
| 22 | | (16) Members of a multidisciplinary team in the | 23 | | furtherance of its
responsibilities under subsection (b) | 24 | | of Section 7.1. All reports
concerning child abuse and | 25 | | neglect made available to members of such
| 26 | | multidisciplinary teams and all records generated as a |
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| 1 | | result of such
reports shall be confidential and shall not | 2 | | be disclosed, except as
specifically authorized by this Act | 3 | | or other applicable law. It is a Class
A misdemeanor to | 4 | | permit, assist or encourage the unauthorized release of
any | 5 | | information contained in such reports or records. Nothing | 6 | | contained in
this Section prevents the sharing of reports | 7 | | or records relating or pertaining
to the death of a minor | 8 | | under the care of or receiving services from the
Department | 9 | | of Children and Family Services and under the jurisdiction | 10 | | of the
juvenile court with the juvenile court, the State's | 11 | | Attorney, and the minor's
attorney.
| 12 | | (17) The Department of Human Services, as provided
in | 13 | | Section 17 of the Rehabilitation of Persons with | 14 | | Disabilities Act.
| 15 | | (18) Any other agency or investigative body, including | 16 | | the Department of
Public Health and a local board of | 17 | | health, authorized by State law to
conduct an investigation | 18 | | into the quality of care provided to children in
hospitals | 19 | | and other State regulated care facilities. The access to | 20 | | and
release of information from such records shall be | 21 | | subject to the approval
of the Director of the Department | 22 | | or his designee.
| 23 | | (19) The person appointed, under Section 2-17 of the | 24 | | Juvenile Court
Act of 1987, as the guardian ad litem of a | 25 | | minor who is the subject of a
report or
records under this | 26 | | Act; or the person appointed, under Section 5-610 of the |
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| 1 | | Juvenile Court Act of 1987, as the guardian ad litem of a | 2 | | minor who is in the custody or guardianship of the | 3 | | Department or who has an open intact family services case | 4 | | with the Department and who is the subject of a report or | 5 | | records made pursuant to this Act.
| 6 | | (20) The Department of Human Services, as provided in | 7 | | Section 10 of the
Early
Intervention Services System Act, | 8 | | and the operator of a facility providing
early
intervention | 9 | | services pursuant to that Act, for the purpose of | 10 | | determining
whether a
current or prospective employee who | 11 | | provides or may provide direct services
under that
Act is | 12 | | the perpetrator in an indicated report of child abuse or | 13 | | neglect filed
under this Act.
| 14 | | (b) Nothing contained in this Act prevents the sharing or
| 15 | | disclosure of information or records relating or pertaining to | 16 | | juveniles
subject to the provisions of the Serious Habitual | 17 | | Offender Comprehensive
Action Program when that information is | 18 | | used to assist in the early
identification and treatment of | 19 | | habitual juvenile offenders.
| 20 | | (c) To the extent that persons or agencies are given access | 21 | | to
information pursuant to this Section, those persons or | 22 | | agencies may give this
information to and
receive this | 23 | | information from each other in order to facilitate an
| 24 | | investigation
conducted by those persons or agencies.
| 25 | | (Source: P.A. 99-143, eff. 7-27-15; 100-158, eff. 1-1-18 .)
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