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90_HB0064
20 ILCS 505/35.1 from Ch. 23, par. 5035.1
325 ILCS 5/11 from Ch. 23, par. 2061
325 ILCS 5/11.1 from Ch. 23, par. 2061.1
325 ILCS 5/11.3 from Ch. 23, par. 2061.3
705 ILCS 405/1-8 from Ch. 37, par. 801-8
Amends the Children and Family Services Act, the Abused
and Neglected Child Reporting Act, and the Juvenile Court Act
of 1987. Provides that records and reports relating or
pertaining to the death of a minor in the care of or
receiving services from the Department of Children and Family
Services may be shared with local and State officials.
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1 AN ACT concerning the death of a minor, amending named
2 Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Children and Family Services Act is
6 amended by changing Section 35.1 as follows:
7 (20 ILCS 505/35.1) (from Ch. 23, par. 5035.1)
8 Sec. 35.1. The case and clinical records of patients in
9 Department supervised facilities, wards of the Department,
10 children receiving or applying for child welfare services,
11 persons receiving or applying for other services of the
12 Department, and Department reports of injury or abuse to
13 children shall not be open to the general public. Such case
14 and clinical records and reports or the information contained
15 therein shall be disclosed by the Director of the Department
16 only to proper law enforcement officials, individuals
17 authorized by court, the Illinois General Assembly or any
18 committee or commission thereof, and to such other persons
19 and for such reasons as the Director shall designate by rule
20 or regulation. This Section does not apply to the
21 Department's fiscal records, other records of a purely
22 administrative nature, or any forms, documents or other
23 records required of facilities subject to licensure by the
24 Department except as may otherwise be provided under the
25 Child Care Act of 1969.
26 Nothing contained in this Act prevents the sharing or
27 disclosure of information or records relating or pertaining
28 to juveniles subject to the provisions of the Serious
29 Habitual Offender Comprehensive Action Program when that
30 information is used to assist in the early identification and
31 treatment of habitual juvenile offenders.
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1 Nothing contained in this Act prevents the sharing or
2 disclosure of information or records relating or pertaining
3 to the death of a minor under the care of or receiving
4 services from the Department with local or State officials.
5 (Source: P.A. 87-928.)
6 Section 10. The Abused and Neglected Child Reporting Act
7 is amended by changing Sections 11, 11.1 and 11.3 as follows:
8 (325 ILCS 5/11) (from Ch. 23, par. 2061)
9 Sec. 11. All records concerning reports of child abuse
10 and neglect or records concerning referrals under this Act
11 and all records generated as a result of such reports or
12 referrals, shall be confidential and shall not be disclosed
13 except as specifically authorized by this Act or other
14 applicable law. It is a Class A misdemeanor to permit,
15 assist, or encourage the unauthorized release of any
16 information contained in such reports, referrals or records.
17 Nothing contained in this Section prevents the sharing or
18 disclosure of records relating or pertaining to the death of
19 a minor under the care of or receiving services from the
20 Department of Children and Family Services with local or
21 State officials.
22 (Source: P.A. 86-1004.)
23 Section 10. The Abused and Neglected Child Reporting Act
24 is amended by changing
25 (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
26 (Text of Section before amendment by P.A. 89-507)
27 Sec. 11.1. Access to records. A person shall have
28 access to the records described in Section 11 only in
29 furtherance of purposes directly connected with the
30 administration of this Act or the Intergovernmental Missing
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1 Child Recovery Act of 1984. Those persons and purposes for
2 access include:
3 (1) Department staff in the furtherance of their
4 responsibilities under this Act, or for the purpose of
5 completing background investigations on persons or
6 agencies licensed by the Department or with whom the
7 Department contracts for the provision of child welfare
8 services.
9 (2) A law enforcement agency investigating known or
10 suspected child abuse or neglect, known or suspected
11 involvement with child pornography, known or suspected
12 criminal sexual assault, known or suspected criminal
13 sexual abuse, or any other sexual offense when a child is
14 alleged to be involved.
15 (3) The Department of State Police when
16 administering the provisions of the Intergovernmental
17 Missing Child Recovery Act of 1984.
18 (4) A physician who has before him a child whom he
19 reasonably suspects may be abused or neglected.
20 (5) A person authorized under Section 5 of this Act
21 to place a child in temporary protective custody when
22 such person requires the information in the report or
23 record to determine whether to place the child in
24 temporary protective custody.
25 (6) A person having the legal responsibility or
26 authorization to care for, treat, or supervise a child or
27 a parent, guardian, or other person responsible for the
28 child's welfare who is the subject of a report.
29 (7) Except in regard to harmful or detrimental
30 information as provided in Section 7.19, any subject of
31 the report, and if the subject of the report is a minor,
32 his guardian or guardian ad litem.
33 (8) A court, upon its finding that access to such
34 records may be necessary for the determination of an
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1 issue before such court; however, such access shall be
2 limited to in camera inspection, unless the court
3 determines that public disclosure of the information
4 contained therein is necessary for the resolution of an
5 issue then pending before it.
6 (8.1) A probation officer or other authorized
7 representative of a probation or court services
8 department conducting an investigation ordered by a court
9 under the Juvenile Court Act of l987.
10 (9) A grand jury, upon its determination that
11 access to such records is necessary in the conduct of its
12 official business.
13 (10) Any person authorized by the Director, in
14 writing, for audit or bona fide research purposes.
15 (11) Law enforcement agencies, coroners or medical
16 examiners, physicians, courts, school superintendents and
17 child welfare agencies in other states who are
18 responsible for child abuse or neglect investigations or
19 background investigations.
20 (12) The Department of Professional Regulation, the
21 State Board of Education and school superintendents in
22 Illinois, who may use or disclose information from the
23 records as they deem necessary to conduct investigations
24 or take disciplinary action, as provided by law.
25 (13) A coroner or medical examiner who has reason
26 to believe that a child has died as the result of abuse
27 or neglect.
28 (14) The Director of a State-operated facility when
29 an employee of that facility is the perpetrator in an
30 indicated report.
31 (15) The operator of a licensed child care facility
32 or a facility licensed by the Department of Alcoholism
33 and Substance Abuse in which children reside when a
34 current or prospective employee of that facility is the
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1 perpetrator in an indicated child abuse or neglect
2 report, pursuant to Section 4.3 of the Child Care Act of
3 1969.
4 (16) Members of a multidisciplinary team in the
5 furtherance of its responsibilities under subsection (b)
6 of Section 7.1. All reports concerning child abuse and
7 neglect made available to members of such
8 multidisciplinary teams and all records generated as a
9 result of such reports shall be confidential and shall
10 not be disclosed, except as specifically authorized by
11 this Act or other applicable law. It is a Class A
12 misdemeanor to permit, assist or encourage the
13 unauthorized release of any information contained in such
14 reports or records. Nothing contained in this Section
15 prevents the sharing of reports or records relating or
16 pertaining to the death of a minor under the care of or
17 receiving services from the Department of Children and
18 Family Services with local or State officials.
19 (17) The Department of Rehabilitation Services, as
20 provided in Section 17 of the Disabled Persons
21 Rehabilitation Act.
22 (18) Any other agency or investigative body,
23 including the Department of Public Health and a local
24 board of health, authorized by State law to conduct an
25 investigation into the quality of care provided to
26 children in hospitals and other State regulated care
27 facilities. The access to and release of information
28 from such records shall be subject to the approval of the
29 Director of the Department or his designee.
30 (19) The person appointed, under Section 2-17 of
31 the Juvenile Court Act, as the guardian ad litem of a
32 minor who is the subject of a report or records under
33 this Act.
34 (20) Nothing contained in this Act prevents the
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1 sharing or disclosure of information or records relating
2 or pertaining to juveniles subject to the provisions of
3 the Serious Habitual Offender Comprehensive Action
4 Program when that information is used to assist in the
5 early identification and treatment of habitual juvenile
6 offenders.
7 (Source: P.A. 87-649; 87-928; 87-1184; 88-45.)
8 (Text of Section after amendment by P.A. 89-507)
9 Sec. 11.1. Access to records. A person shall have
10 access to the records described in Section 11 only in
11 furtherance of purposes directly connected with the
12 administration of this Act or the Intergovernmental Missing
13 Child Recovery Act of 1984. Those persons and purposes for
14 access include:
15 (1) Department staff in the furtherance of their
16 responsibilities under this Act, or for the purpose of
17 completing background investigations on persons or
18 agencies licensed by the Department or with whom the
19 Department contracts for the provision of child welfare
20 services.
21 (2) A law enforcement agency investigating known or
22 suspected child abuse or neglect, known or suspected
23 involvement with child pornography, known or suspected
24 criminal sexual assault, known or suspected criminal
25 sexual abuse, or any other sexual offense when a child is
26 alleged to be involved.
27 (3) The Department of State Police when
28 administering the provisions of the Intergovernmental
29 Missing Child Recovery Act of 1984.
30 (4) A physician who has before him a child whom he
31 reasonably suspects may be abused or neglected.
32 (5) A person authorized under Section 5 of this Act
33 to place a child in temporary protective custody when
34 such person requires the information in the report or
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1 record to determine whether to place the child in
2 temporary protective custody.
3 (6) A person having the legal responsibility or
4 authorization to care for, treat, or supervise a child or
5 a parent, guardian, or other person responsible for the
6 child's welfare who is the subject of a report.
7 (7) Except in regard to harmful or detrimental
8 information as provided in Section 7.19, any subject of
9 the report, and if the subject of the report is a minor,
10 his guardian or guardian ad litem.
11 (8) A court, upon its finding that access to such
12 records may be necessary for the determination of an
13 issue before such court; however, such access shall be
14 limited to in camera inspection, unless the court
15 determines that public disclosure of the information
16 contained therein is necessary for the resolution of an
17 issue then pending before it.
18 (8.1) A probation officer or other authorized
19 representative of a probation or court services
20 department conducting an investigation ordered by a court
21 under the Juvenile Court Act of l987.
22 (9) A grand jury, upon its determination that
23 access to such records is necessary in the conduct of its
24 official business.
25 (10) Any person authorized by the Director, in
26 writing, for audit or bona fide research purposes.
27 (11) Law enforcement agencies, coroners or medical
28 examiners, physicians, courts, school superintendents and
29 child welfare agencies in other states who are
30 responsible for child abuse or neglect investigations or
31 background investigations.
32 (12) The Department of Professional Regulation, the
33 State Board of Education and school superintendents in
34 Illinois, who may use or disclose information from the
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1 records as they deem necessary to conduct investigations
2 or take disciplinary action, as provided by law.
3 (13) A coroner or medical examiner who has reason
4 to believe that a child has died as the result of abuse
5 or neglect.
6 (14) The Director of a State-operated facility when
7 an employee of that facility is the perpetrator in an
8 indicated report.
9 (15) The operator of a licensed child care facility
10 or a facility licensed by the Department of Human
11 Services (as successor to the Department of Alcoholism
12 and Substance Abuse) in which children reside when a
13 current or prospective employee of that facility is the
14 perpetrator in an indicated child abuse or neglect
15 report, pursuant to Section 4.3 of the Child Care Act of
16 1969.
17 (16) Members of a multidisciplinary team in the
18 furtherance of its responsibilities under subsection (b)
19 of Section 7.1. All reports concerning child abuse and
20 neglect made available to members of such
21 multidisciplinary teams and all records generated as a
22 result of such reports shall be confidential and shall
23 not be disclosed, except as specifically authorized by
24 this Act or other applicable law. It is a Class A
25 misdemeanor to permit, assist or encourage the
26 unauthorized release of any information contained in such
27 reports or records. Nothing contained in this Section
28 prevents the sharing of reports or records relating or
29 pertaining to the death of a minor under the care of or
30 receiving services from the Department of Children and
31 Family Services with local or State officials.
32 (17) The Department of Human Services, as provided
33 in Section 17 of the Disabled Persons Rehabilitation Act.
34 (18) Any other agency or investigative body,
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1 including the Department of Public Health and a local
2 board of health, authorized by State law to conduct an
3 investigation into the quality of care provided to
4 children in hospitals and other State regulated care
5 facilities. The access to and release of information
6 from such records shall be subject to the approval of the
7 Director of the Department or his designee.
8 (19) The person appointed, under Section 2-17 of
9 the Juvenile Court Act, as the guardian ad litem of a
10 minor who is the subject of a report or records under
11 this Act.
12 (20) Nothing contained in this Act prevents the
13 sharing or disclosure of information or records relating
14 or pertaining to juveniles subject to the provisions of
15 the Serious Habitual Offender Comprehensive Action
16 Program when that information is used to assist in the
17 early identification and treatment of habitual juvenile
18 offenders.
19 (Source: P.A. 88-45; 89-507, eff. 7-1-97.)
20 (325 ILCS 5/11.3) (from Ch. 23, par. 2061.3)
21 Sec. 11.3. A person given access to the names or other
22 information identifying the subjects of the report, except
23 the subject of the report, shall not make public such
24 identifying information unless he is a State's attorney or
25 other law enforcement official and the purpose is to initiate
26 court action. Violation of this Section is a Class A
27 misdemeanor.
28 Nothing contained in this Section prevents the sharing of
29 reports relating or pertaining to the death of a minor under
30 the care of or receiving services from the Department of
31 Children and Family Services with local or State officials.
32 (Source: P.A. 81-1077.)
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1 Section 15. The Juvenile Court Act of 1987 is amended by
2 changing Section 1-8 as follows:
3 (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
4 Sec. 1-8. Confidentiality and accessibility of juvenile
5 court records.
6 (A) Inspection and copying of juvenile court records
7 relating to a minor who is the subject of a proceeding under
8 this Act shall be restricted to the following:
9 (1) The minor who is the subject of record, his
10 parents, guardian and counsel.
11 (2) Law enforcement officers and law enforcement
12 agencies when such information is essential to executing
13 an arrest or search warrant or other compulsory process,
14 or to conducting an ongoing investigation or relating to
15 a minor who has been adjudicated delinquent and there has
16 been a previous finding that the act which constitutes
17 the previous offense was committed in furtherance of
18 criminal activities by a criminal street gang.
19 Before July 1, 1994, for the purposes of this
20 Section, "criminal street gang" means any ongoing
21 organization, association, or group of 3 or more persons,
22 whether formal or informal, having as one of its primary
23 activities the commission of one or more criminal acts
24 and that has a common name or common identifying sign,
25 symbol or specific color apparel displayed, and whose
26 members individually or collectively engage in or have
27 engaged in a pattern of criminal activity.
28 Beginning July 1, 1994, for purposes of this
29 Section, "criminal street gang" has the meaning ascribed
30 to it in Section 10 of the Illinois Streetgang Terrorism
31 Omnibus Prevention Act.
32 (3) Judges, prosecutors, probation officers, social
33 workers or other individuals assigned by the court to
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1 conduct a pre-adjudication or predisposition
2 investigation, and individuals responsible for
3 supervising or providing temporary or permanent care and
4 custody for minors pursuant to the order of the juvenile
5 court when essential to performing their
6 responsibilities.
7 (4) Judges, prosecutors and probation officers:
8 (a) in the course of a trial when institution
9 of criminal proceedings has been permitted under
10 Section 5-4 or required under Section 5-4; or
11 (b) when criminal proceedings have been
12 permitted under Section 5-4 or required under
13 Section 5-4 and a minor is the subject of a
14 proceeding to determine the amount of bail; or
15 (c) when criminal proceedings have been
16 permitted under Section 5-4 or required under
17 Section 5-4 and a minor is the subject of a
18 pre-trial investigation, pre-sentence investigation
19 or fitness hearing, or proceedings on an application
20 for probation; or
21 (d) when a minor becomes 17 years of age or
22 older, and is the subject of criminal proceedings,
23 including a hearing to determine the amount of bail,
24 a pre-trial investigation, a pre-sentence
25 investigation, a fitness hearing, or proceedings on
26 an application for probation.
27 (5) Adult and Juvenile Prisoner Review Boards.
28 (6) Authorized military personnel.
29 (7) Victims, their subrogees and legal
30 representatives; however, such persons shall have access
31 only to the name and address of the minor and information
32 pertaining to the disposition or alternative adjustment
33 plan of the juvenile court.
34 (8) Persons engaged in bona fide research, with the
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1 permission of the presiding judge of the juvenile court
2 and the chief executive of the agency that prepared the
3 particular records; provided that publication of such
4 research results in no disclosure of a minor's identity
5 and protects the confidentiality of the record.
6 (9) The Secretary of State to whom the Clerk of the
7 Court shall report the disposition of all cases, as
8 required in Section 6-204 of The Illinois Vehicle Code.
9 However, information reported relative to these offenses
10 shall be privileged and available only to the Secretary
11 of State, courts, and police officers.
12 (10) The administrator of a bonafide substance
13 abuse student assistance program with the permission of
14 the presiding judge of the juvenile court.
15 (B) A minor who is the victim in a juvenile proceeding
16 shall be provided the same confidentiality regarding
17 disclosure of identity as the minor who is the subject of
18 record.
19 (C) Except as otherwise provided in this subsection (C),
20 juvenile court records shall not be made available to the
21 general public but may be inspected by representatives of
22 agencies, associations and news media or other properly
23 interested persons by general or special order of the court.
24 The State's Attorney, the minor, his parents, guardian and
25 counsel shall at all times have the right to examine court
26 files and records.
27 (1) The court shall allow the general public to
28 have access to the name, address, and offense of a minor
29 who is adjudicated a delinquent minor under this Act
30 under either of the following circumstances:
31 (A) The adjudication of delinquency was based
32 upon the minor's commission of first degree murder,
33 attempt to commit first degree murder, aggravated
34 criminal sexual assault, or criminal sexual assault;
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1 or
2 (B) The court has made a finding that the
3 minor was at least 13 years of age at the time the
4 act was committed and the adjudication of
5 delinquency was based upon the minor's commission
6 of: (i) an act in furtherance of the commission of a
7 felony as a member of or on behalf of a criminal
8 street gang, (ii) an act involving the use of a
9 firearm in the commission of a felony, (iii) an act
10 that would be a Class X felony offense under or the
11 minor's second or subsequent Class 2 or greater
12 felony offense under the Cannabis Control Act if
13 committed by an adult, (iv) an act that would be a
14 second or subsequent offense under Section 402 of
15 the Illinois Controlled Substances Act if committed
16 by an adult, or (v) an act that would be an offense
17 under Section 401 of the Illinois Controlled
18 Substances Act if committed by an adult.
19 (2) The court shall allow the general public to
20 have access to the name, address, and offense of a minor
21 who is at least 13 years of age at the time the offense
22 is committed and who is convicted, in criminal
23 proceedings permitted or required under Section 5-4,
24 under either of the following circumstances:
25 (A) The minor has been convicted of first
26 degree murder, attempt to commit first degree
27 murder, aggravated criminal sexual assault, or
28 criminal sexual assault,
29 (B) The court has made a finding that the
30 minor was at least 13 years of age at the time the
31 offense was committed and the conviction was based
32 upon the minor's commission of: (i) an offense in
33 furtherance of the commission of a felony as a
34 member of or on behalf of a criminal street gang,
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1 (ii) an offense involving the use of a firearm in
2 the commission of a felony, (iii) a Class X felony
3 offense under or a second or subsequent Class 2 or
4 greater felony offense under the Cannabis Control
5 Act, (iv) a second or subsequent offense under
6 Section 402 of the Illinois Controlled Substances
7 Act, or (v) an offense under Section 401 of the
8 Illinois Controlled Substances Act.
9 Nothing contained in this Section prevents the sharing of
10 records relating or pertaining to the death of a minor under
11 the care of or receiving services from the Department of
12 Children and Family Services with local or State officials.
13 (D) Pending or following any adjudication of delinquency
14 for any offense defined in Sections 12-13 through 12-16 of
15 the Criminal Code of 1961, the victim of any such offense
16 shall receive the rights set out in Sections 4 and 6 of the
17 Bill of Rights for Victims and Witnesses of Violent Crime
18 Act; and the juvenile who is the subject of the adjudication,
19 notwithstanding any other provision of this Act, shall be
20 treated as an adult for the purpose of affording such rights
21 to the victim.
22 (E) Nothing in this Section shall affect the right of a
23 Civil Service Commission or appointing authority examining
24 the character and fitness of an applicant for a position as a
25 law enforcement officer to ascertain whether that applicant
26 was ever adjudicated to be a delinquent minor and, if so, to
27 examine the records of disposition or evidence which were
28 made in proceedings under this Act.
29 (F) Following any adjudication of delinquency for a
30 crime which would be a felony if committed by an adult, or
31 following any adjudication of delinquency for a violation of
32 Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of
33 1961, the State's Attorney shall ascertain whether the minor
34 respondent is enrolled in school and, if so, shall provide a
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1 copy of the dispositional order to the principal or chief
2 administrative officer of the school. Access to such
3 juvenile records shall be limited to the principal or chief
4 administrative officer of the school and any guidance
5 counselor designated by him.
6 (G) Nothing contained in this Act prevents the sharing
7 or disclosure of information or records relating or
8 pertaining to juveniles subject to the provisions of the
9 Serious Habitual Offender Comprehensive Action Program when
10 that information is used to assist in the early
11 identification and treatment of habitual juvenile offenders.
12 (H) When a Court hearing a proceeding under Article II
13 of this Act becomes aware that an earlier proceeding under
14 Article II had been heard in a different county, that Court
15 shall request, and the Court in which the earlier proceedings
16 were initiated shall transmit, an authenticated copy of the
17 Court record, including all documents, petitions, and orders
18 filed therein and the minute orders, transcript of
19 proceedings, and docket entries of the Court.
20 (I) The Clerk of the Circuit Court shall report to the
21 Department of State Police, in the form and manner required
22 by the Department of State Police, the final disposition of
23 each minor who has been arrested or taken into custody before
24 his or her 17th birthday for those offenses required to be
25 reported under Section 5 of the Criminal Identification Act.
26 Information reported to the Department under this Section may
27 be maintained with records that the Department files under
28 Section 2.1 of the Criminal Identification Act.
29 (Source: P.A. 88-45; 88-51; 88-344; 88-467; 88-548, eff.
30 1-1-95; 88-550, eff. 7-3-94; 88-614, eff. 9-7-94; 88-670,
31 eff. 12-2-94; 89-198, eff. 7-21-95; 89-235, eff. 8-4-95;
32 89-377, eff. 8-18-95; revised 10-11-95.)
33 Section 95. No acceleration or delay. Where this Act
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1 makes changes in a statute that is represented in this Act by
2 text that is not yet or no longer in effect (for example, a
3 Section represented by multiple versions), the use of that
4 text does not accelerate or delay the taking effect of (i)
5 the changes made by this Act or (ii) provisions derived from
6 any other Public Act.