Sen. Mattie Hunter

Filed: 3/23/2023





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2    AMENDMENT NO. ______. Amend Senate Bill 375 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Children and Family Services Act is
5amended by changing Section 21 as follows:
6    (20 ILCS 505/21)  (from Ch. 23, par. 5021)
7    Sec. 21. Investigative powers; training.
8    (a) To make such investigations as it may deem necessary
9to the performance of its duties.
10    (b) In the course of any such investigation any qualified
11person authorized by the Director may administer oaths and
12secure by its subpoena both the attendance and testimony of
13witnesses and the production of books and papers relevant to
14such investigation. Any person who is served with a subpoena
15by the Department to appear and testify or to produce books and
16papers, in the course of an investigation authorized by law,



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1and who refuses or neglects to appear, or to testify, or to
2produce books and papers relevant to such investigation, as
3commanded in such subpoena, shall be guilty of a Class B
4misdemeanor. The fees of witnesses for attendance and travel
5shall be the same as the fees of witnesses before the circuit
6courts of this State. Any circuit court of this State, upon
7application of the person requesting the hearing or the
8Department, may compel the attendance of witnesses, the
9production of books and papers, and giving of testimony before
10the Department or before any authorized officer or employee
11thereof, by an attachment for contempt or otherwise, in the
12same manner as production of evidence may be compelled before
13such court. Every person who, having taken an oath or made
14affirmation before the Department or any authorized officer or
15employee thereof, shall willfully swear or affirm falsely,
16shall be guilty of perjury and upon conviction shall be
17punished accordingly.
18    (c) Investigations initiated under this Section shall
19provide individuals due process of law, including the right to
20a hearing, to cross-examine witnesses, to obtain relevant
21documents, and to present evidence. Administrative findings
22shall be subject to the provisions of the Administrative
23Review Law.
24    (d) Beginning July 1, 1988, any child protective
25investigator or supervisor or child welfare specialist or
26supervisor employed by the Department on the effective date of



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1this amendatory Act of 1987 shall have completed a training
2program which shall be instituted by the Department. The
3training program shall include, but not be limited to, the
4following: (1) training in the detection of symptoms of child
5neglect and drug abuse; (2) specialized training for dealing
6with families and children of drug abusers; and (3) specific
7training in child development, family dynamics and interview
8techniques. Such program shall conform to the criteria and
9curriculum developed under Section 4 of the Child Protective
10Investigator and Child Welfare Specialist Certification Act of
111987. Failure to complete such training due to lack of
12opportunity provided by the Department shall in no way be
13grounds for any disciplinary or other action against an
14investigator or a specialist.
15    The Department shall develop a continuous inservice staff
16development program and evaluation system. Each child
17protective investigator and supervisor and child welfare
18specialist and supervisor shall participate in such program
19and evaluation and shall complete a minimum of 20 hours of
20inservice education and training every 2 years in order to
21maintain certification.
22    Any child protective investigator or child protective
23supervisor, or child welfare specialist or child welfare
24specialist supervisor hired by the Department who begins his
25actual employment after the effective date of this amendatory
26Act of 1987, shall be certified pursuant to the Child



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1Protective Investigator and Child Welfare Specialist
2Certification Act of 1987 before he begins such employment.
3Nothing in this Act shall replace or diminish the rights of
4employees under the Illinois Public Labor Relations Act, as
5amended, or the National Labor Relations Act. In the event of
6any conflict between either of those Acts, or any collective
7bargaining agreement negotiated thereunder, and the provisions
8of subsections (d) and (e), the former shall prevail and
10    (e) The Department shall develop and implement the
12        (1) A safety-based child welfare intervention system
13    standardized child endangerment risk assessment protocol.
14        (2) Related training procedures.
15        (3) A standardized method for demonstration of
16    proficiency in application of the safety-based child
17    welfare intervention system protocol.
18        (4) An evaluation of the reliability and validity of
19    the safety-based child welfare intervention system
20    protocol.
21All child protective investigators and supervisors and child
22welfare specialists and supervisors employed by the Department
23or its contractors shall be required, subsequent to the
24availability of training under this Act, to demonstrate
25proficiency in application of the safety-based child welfare
26intervention system protocol previous to being permitted to



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1make safety decisions about the degree of risk posed to
2children for whom they are responsible. The Department shall
3establish a multi-disciplinary advisory committee appointed by
4the Director, including but not limited to representatives
5from the fields of child development, domestic violence,
6family systems, juvenile justice, law enforcement, health
7care, mental health, substance abuse, and social service to
8advise the Department and its related contractors in the
9development and implementation of the safety-based child
10welfare intervention system child endangerment risk assessment
11protocol, related training, method for demonstration of
12proficiency in application of the safety-based child welfare
13intervention system protocol, and evaluation of the
14reliability and validity of the safety-based child welfare
15intervention system protocol. The Department shall develop the
16safety-based child welfare intervention system protocol,
17training curriculum, method for demonstration of proficiency
18in application of the safety-based child welfare intervention
19system, protocol and method for evaluation of the reliability
20and validity of the safety-based child welfare intervention
21system protocol by July 1, 1995. Training and demonstration of
22proficiency in application of the safety-based child welfare
23intervention system child endangerment risk assessment
24protocol for all child protective investigators and
25supervisors and child welfare specialists and supervisors
26shall be completed as soon as practicable, but no later than



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1January 1, 1996. The Department shall submit to the General
2Assembly on or before December 31, 2026 May 1, 1996, and every
3year thereafter, an annual report on the evaluation of the
4reliability and validity of the safety-based child welfare
5intervention system child endangerment risk assessment
6protocol. The Department shall contract with a not for profit
7organization with demonstrated expertise in the field of
8safety-based child welfare intervention child endangerment
9risk assessment to assist in the development and
10implementation of the safety-based child welfare intervention
11system child endangerment risk assessment protocol, related
12training, method for demonstration of proficiency in
13application of the safety-based child welfare intervention
14system protocol, and evaluation of the reliability and
15validity of the safety-based child welfare intervention system
17    (f) The Department shall provide each parent or guardian
18and responsible adult caregiver participating in a safety plan
19a copy of the written safety plan as signed by each parent or
20guardian and responsible adult caregiver and by a
21representative of the Department. The Department shall also
22provide each parent or guardian and responsible adult
23caregiver safety plan information on their rights and
24responsibilities that shall include, but need not be limited
25to, information on how to obtain medical care, emergency phone
26numbers, and information on how to notify schools or day care



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1providers as appropriate. The Department's representative
2shall ensure that the safety plan is reviewed and approved by
3the child protection supervisor.
4(Source: P.A. 98-830, eff. 1-1-15.)
5    Section 10. The Advisory Commission on Reducing the
6Disproportionate Representation of African-American Children
7in Foster Care Act is amended by changing Section 10 as
9    (20 ILCS 4104/10)
10    Sec. 10. Advisory Commission on Reducing the
11Disproportionate Representation of African-American Children
12in Foster Care.
13    (a) The Advisory Commission on Reducing the
14Disproportionate Representation of African-American Children
15in Foster Care is created and shall have the following
16appointed members:
17        (1) One member appointed by the Governor or his of her
18    designee.
19        (2) One member appointed by the Speaker of the House
20    of Representatives or his or her designee.
21        (3) One member appointed by the Minority Leader of the
22    House of Representatives or his or her designee.
23        (4) One member appointed by the President of the
24    Senate or his or her designee.



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1        (5) One member appointed by the Minority Leader of the
2    Senate or his or her designee.
3        (6) The Department on Aging, the Department of
4    Children and Family Services, the Department of Human
5    Services, the Department of Juvenile Justice, the
6    Department of Commerce and Economic Opportunity, the
7    Department of Healthcare and Family Services, the
8    Department of Public Health, the State Board of Education,
9    the Board of Higher Education, the Illinois Community
10    College Board, the Department of Human Rights, the Capital
11    Development Board, the Department of Corrections, and the
12    Department of Labor shall each appoint a liaison to serve
13    ex officio on the Commission.
14        (7) One member from the Task Force on Strengthening
15    Child Welfare Workforce for Children and Families.
16        (8) One member from the Safety-Based Child Welfare
17    Intervention Child Endangerment Risk Assessment Protocol
18    Advisory Committee.
19        (9) Two members representing nonprofit organizations
20    that advocate for African-American children or youth to be
21    appointed by the Governor or his or her designee.
22    (b) The Governor or his or her designee shall appoint the
23chairperson or chairpersons.
24    (c) Each member appointed to the Commission shall have a
25working knowledge of Illinois' child welfare system. The
26members shall reflect regional representation to ensure that



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1the needs of African-American families and children throughout
2the State of Illinois are met.
3    (d) Members shall be appointed within 60 days after the
4effective date of this Act. The Advisory Commission shall hold
5its initial meetings within 60 days after at least 50% of the
6members have been appointed.
7    (e) Vacancies on the Advisory Commission shall be filled
8in the same manner as initial appointments. Appointments to
9fill vacancies occurring before the expiration of a term shall
10be for the remainder of the unexpired term. Members shall
11serve without compensation but may be reimbursed for actual
12necessary expenses incurred in the performance of their
14    (f) The Department of Children and Family Services shall
15provide administrative support to the Advisory Commission.
16(Source: P.A. 102-470, eff. 8-20-21.)
17    Section 15. The Abused and Neglected Child Reporting Act
18is amended by changing Sections 7.01 and 7.4 as follows:
19    (325 ILCS 5/7.01)
20    Sec. 7.01. Reports made by mandated reporters that require
21a child welfare services referral Safety assessments for
22reports made by mandated reporters.
23    (a) When a report is made by a mandated reporter to the
24statewide toll-free telephone number established under Section



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17.6 of this Act and there is a prior indicated report of abuse
2or neglect, or there is a prior open service case involving any
3member of the household, the Department must, at a minimum,
4accept the report as a child welfare services referral. If the
5family refuses to cooperate or refuses access to the home or
6children, then a child protective services investigation shall
7be initiated if the facts otherwise meet the criteria to
8accept a report.
9    As used in this Section, "child welfare services referral"
10means an assessment of the family for service needs and
11linkage to available local community resources for the purpose
12of preventing or remedying or assisting in the solution of
13problems which may result in the neglect, abuse, exploitation,
14or delinquency of children, and as further defined in
15Department rules and procedures.
16    As used in this Section, "prior open service case" means a
17case in which the Department has provided services to the
18family either directly or through a purchase of service
20    (b) One year after the effective date of this amendatory
21Act of the 101st General Assembly, the Auditor General shall
22commence a performance audit of the Department of Children and
23Family Services to determine whether the Department is meeting
24the requirements of this Section. Within 2 years after the
25audit's release, the Auditor General shall commence a
26follow-up performance audit to determine whether the



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1Department has implemented the recommendations contained in
2the initial performance audit. Upon completion of each audit,
3the Auditor General shall report its findings to the General
4Assembly. The Auditor General's reports shall include any
5issues or deficiencies and recommendations. The audits
6required by this Section shall be in accordance with and
7subject to the Illinois State Auditing Act.
8(Source: P.A. 101-237, eff. 1-1-20.)
9    (325 ILCS 5/7.4)  (from Ch. 23, par. 2057.4)
10    Sec. 7.4. (a) The Department shall be capable of receiving
11reports of suspected child abuse or neglect 24 hours a day, 7
12days a week. Whenever the Department receives a report
13alleging that a child is a truant as defined in Section 26-2a
14of the School Code, as now or hereafter amended, the
15Department shall notify the superintendent of the school
16district in which the child resides and the appropriate
17superintendent of the educational service region. The
18notification to the appropriate officials by the Department
19shall not be considered an allegation of abuse or neglect
20under this Act.
21    (a-5) The Department of Children and Family Services may
22implement a "differential response program" in accordance with
23criteria, standards, and procedures prescribed by rule. The
24program may provide that, upon receiving a report, the
25Department shall determine whether to conduct a family



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1assessment or an investigation as appropriate to prevent or
2provide a remedy for child abuse or neglect.
3    For purposes of this subsection (a-5), "family assessment"
4means a comprehensive assessment of child safety, risk of
5subsequent child maltreatment, and family strengths and needs
6that is applied to a child maltreatment report that does not
7allege substantial child endangerment. "Family assessment"
8does not include a determination as to whether child
9maltreatment occurred but does determine the need for services
10to address the safety of family members and the risk of
11subsequent maltreatment.
12    For purposes of this subsection (a-5), "investigation"
13means fact-gathering related to the current safety of a child
14and the risk of subsequent abuse or neglect that determines
15whether a report of suspected child abuse or neglect should be
16indicated or unfounded and whether child protective services
17are needed.
18    Under the "differential response program" implemented
19under this subsection (a-5), the Department:
20        (1) Shall conduct an investigation on reports
21    involving substantial child abuse or neglect.
22        (2) Shall begin an immediate investigation if, at any
23    time when it is using a family assessment response, it
24    determines that there is reason to believe that
25    substantial child abuse or neglect or a serious threat to
26    the child's safety exists.



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1        (3) May conduct a family assessment for reports that
2    do not allege substantial child endangerment. In
3    determining that a family assessment is appropriate, the
4    Department may consider issues, including, but not limited
5    to, child safety, parental cooperation, and the need for
6    an immediate response.
7        (4) Shall promulgate criteria, standards, and
8    procedures that shall be applied in making this
9    determination, taking into consideration the Safety-Based
10    Child Welfare Intervention System Child Endangerment Risk
11    Assessment Protocol of the Department.
12        (5) May conduct a family assessment on a report that
13    was initially screened and assigned for an investigation.
14    In determining that a complete investigation is not
15required, the Department must document the reason for
16terminating the investigation and notify the local law
17enforcement agency or the Illinois State Police if the local
18law enforcement agency or Illinois State Police is conducting
19a joint investigation.
20    Once it is determined that a "family assessment" will be
21implemented, the case shall not be reported to the central
22register of abuse and neglect reports.
23    During a family assessment, the Department shall collect
24any available and relevant information to determine child
25safety, risk of subsequent abuse or neglect, and family



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1    Information collected includes, but is not limited to,
2when relevant: information with regard to the person reporting
3the alleged abuse or neglect, including the nature of the
4reporter's relationship to the child and to the alleged
5offender, and the basis of the reporter's knowledge for the
6report; the child allegedly being abused or neglected; the
7alleged offender; the child's caretaker; and other collateral
8sources having relevant information related to the alleged
9abuse or neglect. Information relevant to the assessment must
10be asked for, and may include:
11        (A) The child's sex and age, prior reports of abuse or
12    neglect, information relating to developmental
13    functioning, credibility of the child's statement, and
14    whether the information provided under this paragraph (A)
15    is consistent with other information collected during the
16    course of the assessment or investigation.
17        (B) The alleged offender's age, a record check for
18    prior reports of abuse or neglect, and criminal charges
19    and convictions. The alleged offender may submit
20    supporting documentation relevant to the assessment.
21        (C) Collateral source information regarding the
22    alleged abuse or neglect and care of the child. Collateral
23    information includes, when relevant: (i) a medical
24    examination of the child; (ii) prior medical records
25    relating to the alleged maltreatment or care of the child
26    maintained by any facility, clinic, or health care



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1    professional, and an interview with the treating
2    professionals; and (iii) interviews with the child's
3    caretakers, including the child's parent, guardian, foster
4    parent, child care provider, teachers, counselors, family
5    members, relatives, and other persons who may have
6    knowledge regarding the alleged maltreatment and the care
7    of the child.
8        (D) Information on the existence of domestic abuse and
9    violence in the home of the child, and substance abuse.
10    Nothing in this subsection (a-5) precludes the Department
11from collecting other relevant information necessary to
12conduct the assessment or investigation. Nothing in this
13subsection (a-5) shall be construed to allow the name or
14identity of a reporter to be disclosed in violation of the
15protections afforded under Section 7.19 of this Act.
16    After conducting the family assessment, the Department
17shall determine whether services are needed to address the
18safety of the child and other family members and the risk of
19subsequent abuse or neglect.
20    Upon completion of the family assessment, if the
21Department concludes that no services shall be offered, then
22the case shall be closed. If the Department concludes that
23services shall be offered, the Department shall develop a
24family preservation plan and offer or refer services to the
26    At any time during a family assessment, if the Department



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1believes there is any reason to stop the assessment and
2conduct an investigation based on the information discovered,
3the Department shall do so.
4    The procedures available to the Department in conducting
5investigations under this Act shall be followed as appropriate
6during a family assessment.
7    If the Department implements a differential response
8program authorized under this subsection (a-5), the Department
9shall arrange for an independent evaluation of the program for
10at least the first 3 years of implementation to determine
11whether it is meeting the goals in accordance with Section 2 of
12this Act.
13    The Department may adopt administrative rules necessary
14for the execution of this Section, in accordance with Section
154 of the Children and Family Services Act.
16    The Department shall submit a report to the General
17Assembly by January 15, 2018 on the implementation progress
18and recommendations for additional needed legislative changes.
19    (b)(1) The following procedures shall be followed in the
20investigation of all reports of suspected abuse or neglect of
21a child, except as provided in subsection (c) of this Section.
22    (2) If, during a family assessment authorized by
23subsection (a-5) or an investigation, it appears that the
24immediate safety or well-being of a child is endangered, that
25the family may flee or the child disappear, or that the facts
26otherwise so warrant, the Child Protective Service Unit shall



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1commence an investigation immediately, regardless of the time
2of day or night. All other investigations shall be commenced
3within 24 hours of receipt of the report. Upon receipt of a
4report, the Child Protective Service Unit shall conduct a
5family assessment authorized by subsection (a-5) or begin an
6initial investigation and make an initial determination
7whether the report is a good faith indication of alleged child
8abuse or neglect.
9    (3) Based on an initial investigation, if the Unit
10determines the report is a good faith indication of alleged
11child abuse or neglect, then a formal investigation shall
12commence and, pursuant to Section 7.12 of this Act, may or may
13not result in an indicated report. The formal investigation
14shall include: direct contact with the subject or subjects of
15the report as soon as possible after the report is received; an
16evaluation of the environment of the child named in the report
17and any other children in the same environment; a
18determination of the risk to such children if they continue to
19remain in the existing environments, as well as a
20determination of the nature, extent and cause of any condition
21enumerated in such report; the name, age and condition of
22other children in the environment; and an evaluation as to
23whether there would be an immediate and urgent necessity to
24remove the child from the environment if appropriate family
25preservation services were provided. After seeing to the
26safety of the child or children, the Department shall



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1forthwith notify the subjects of the report in writing, of the
2existence of the report and their rights existing under this
3Act in regard to amendment or expungement. To fulfill the
4requirements of this Section, the Child Protective Service
5Unit shall have the capability of providing or arranging for
6comprehensive emergency services to children and families at
7all times of the day or night.
8    (4) If (i) at the conclusion of the Unit's initial
9investigation of a report, the Unit determines the report to
10be a good faith indication of alleged child abuse or neglect
11that warrants a formal investigation by the Unit, the
12Department, any law enforcement agency or any other
13responsible agency and (ii) the person who is alleged to have
14caused the abuse or neglect is employed or otherwise engaged
15in an activity resulting in frequent contact with children and
16the alleged abuse or neglect are in the course of such
17employment or activity, then the Department shall, except in
18investigations where the Director determines that such
19notification would be detrimental to the Department's
20investigation, inform the appropriate supervisor or
21administrator of that employment or activity that the Unit has
22commenced a formal investigation pursuant to this Act, which
23may or may not result in an indicated report. The Department
24shall also notify the person being investigated, unless the
25Director determines that such notification would be
26detrimental to the Department's investigation.



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1    (c) In an investigation of a report of suspected abuse or
2neglect of a child by a school employee at a school or on
3school grounds, the Department shall make reasonable efforts
4to follow the following procedures:
5        (1) Investigations involving teachers shall not, to
6    the extent possible, be conducted when the teacher is
7    scheduled to conduct classes. Investigations involving
8    other school employees shall be conducted so as to
9    minimize disruption of the school day. The school employee
10    accused of child abuse or neglect may have his superior,
11    his association or union representative and his attorney
12    present at any interview or meeting at which the teacher
13    or administrator is present. The accused school employee
14    shall be informed by a representative of the Department,
15    at any interview or meeting, of the accused school
16    employee's due process rights and of the steps in the
17    investigation process. These due process rights shall also
18    include the right of the school employee to present
19    countervailing evidence regarding the accusations. In an
20    investigation in which the alleged perpetrator of abuse or
21    neglect is a school employee, including, but not limited
22    to, a school teacher or administrator, and the
23    recommendation is to determine the report to be indicated,
24    in addition to other procedures as set forth and defined
25    in Department rules and procedures, the employee's due
26    process rights shall also include: (i) the right to a copy



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1    of the investigation summary; (ii) the right to review the
2    specific allegations which gave rise to the investigation;
3    and (iii) the right to an administrator's teleconference
4    which shall be convened to provide the school employee
5    with the opportunity to present documentary evidence or
6    other information that supports his or her position and to
7    provide information before a final finding is entered.
8        (2) If a report of neglect or abuse of a child by a
9    teacher or administrator does not involve allegations of
10    sexual abuse or extreme physical abuse, the Child
11    Protective Service Unit shall make reasonable efforts to
12    conduct the initial investigation in coordination with the
13    employee's supervisor.
14        If the Unit determines that the report is a good faith
15    indication of potential child abuse or neglect, it shall
16    then commence a formal investigation under paragraph (3)
17    of subsection (b) of this Section.
18        (3) If a report of neglect or abuse of a child by a
19    teacher or administrator involves an allegation of sexual
20    abuse or extreme physical abuse, the Child Protective Unit
21    shall commence an investigation under paragraph (2) of
22    subsection (b) of this Section.
23    (c-5) In any instance in which a report is made or caused
24to made by a school district employee involving the conduct of
25a person employed by the school district, at the time the
26report was made, as required under Section 4 of this Act, the



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1Child Protective Service Unit shall send a copy of its final
2finding report to the general superintendent of that school
4    (c-10) The Department may recommend that a school district
5remove a school employee who is the subject of an
6investigation from his or her employment position pending the
7outcome of the investigation; however, all employment
8decisions regarding school personnel shall be the sole
9responsibility of the school district or employer. The
10Department may not require a school district to remove a
11school employee from his or her employment position or limit
12the school employee's duties pending the outcome of an
14    (d) If the Department has contact with an employer, or
15with a religious institution or religious official having
16supervisory or hierarchical authority over a member of the
17clergy accused of the abuse of a child, in the course of its
18investigation, the Department shall notify the employer or the
19religious institution or religious official, in writing, when
20a report is unfounded so that any record of the investigation
21can be expunged from the employee's or member of the clergy's
22personnel or other records. The Department shall also notify
23the employee or the member of the clergy, in writing, that
24notification has been sent to the employer or to the
25appropriate religious institution or religious official
26informing the employer or religious institution or religious



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1official that the Department's investigation has resulted in
2an unfounded report.
3    (d-1) Whenever a report alleges that a child was abused or
4neglected while receiving care in a hospital, including a
5freestanding psychiatric hospital licensed by the Department
6of Public Health, the Department shall send a copy of its final
7finding to the Director of Public Health and the Director of
8Healthcare and Family Services.
9    (e) Upon request by the Department, the Illinois State
10Police and law enforcement agencies are authorized to provide
11criminal history record information as defined in the Illinois
12Uniform Conviction Information Act and information maintained
13in the adjudicatory and dispositional record system as defined
14in Section 2605-355 of the Illinois State Police Law to
15properly designated employees of the Department of Children
16and Family Services if the Department determines the
17information is necessary to perform its duties under the
18Abused and Neglected Child Reporting Act, the Child Care Act
19of 1969, and the Children and Family Services Act. The request
20shall be in the form and manner required by the Illinois State
21Police. Any information obtained by the Department of Children
22and Family Services under this Section is confidential and may
23not be transmitted outside the Department of Children and
24Family Services other than to a court of competent
25jurisdiction or unless otherwise authorized by law. Any
26employee of the Department of Children and Family Services who



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1transmits confidential information in violation of this
2Section or causes the information to be transmitted in
3violation of this Section is guilty of a Class A misdemeanor
4unless the transmittal of the information is authorized by
5this Section or otherwise authorized by law.
6    (f) For purposes of this Section, "child abuse or neglect"
7includes abuse or neglect of an adult resident as defined in
8this Act.
9(Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)".