State of Illinois
90th General Assembly

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      5 ILCS 140/2              from Ch. 116, par. 202
      225 ILCS 10/3             from Ch. 23, par. 2213
      225 ILCS 10/4.3           from Ch. 23, par. 2214.3
      225 ILCS 10/8             from Ch. 23, par. 2218
      225 ILCS 10/8.1           from Ch. 23, par. 2218.1
      225 ILCS 10/12            from Ch. 23, par. 2222
      225 ILCS 10/18            from Ch. 23, par. 2228
      325 ILCS 5/6.5 new
      325 ILCS 5/7.4            from Ch. 23, par. 2057.4
      325 ILCS 5/7.8            from Ch. 23, par. 2057.8
      325 ILCS 5/7.17           from Ch. 23, par. 2057.17
      325 ILCS 5/9              from Ch. 23, par. 2059
      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
          Amends the Freedom of Information Act, the Child Care Act
      of 1969, and the Abused and Neglected  Child  Reporting  Act.
      Provides   that  complaints  and  results  of  complaints  of
      licensing  violations  at  day  care  facilities  are  public
      records.  Requires persons who receive children for care, day
      care centers, day  care  homes,  and  day  care  agencies  to
      provide  information  to  the Illinois Department of Children
      and Family Services upon notification of an investigation for
      abuse or neglect.  Provides that certain facilities for child
      care shall not advertise while under investigation.
 1        AN ACT in relation to child care, amending named Acts.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.  The Freedom of Information Act is amended by
 5    changing Section 2 as follows:
 6        (5 ILCS 140/2) (from Ch. 116, par. 202)
 7        Sec. 2.  Definitions.  As used in this Act:
 8        (a)  "Public  body"  means  any  legislative,  executive,
 9    administrative,  or  advisory  bodies  of  the  State,  state
10    universities  and  colleges,  counties,  townships,   cities,
11    villages,  incorporated towns, school districts and all other
12    municipal  corporations,  boards,  bureaus,  committees,   or
13    commissions  of  this State, and any subsidiary bodies of any
14    of the foregoing including but not limited to committees  and
15    subcommittees  which are supported in whole or in part by tax
16    revenue, or which expend tax revenue. "Public body" does  not
17    include a child death review team established under the Child
18    Death Review Team Act.
19        (b)  "Person"    means   any   individual,   corporation,
20    partnership,  firm,  organization  or   association,   acting
21    individually or as a group.
22        (c)  "Public  records" means all records, reports, forms,
23    writings,   letters,   memoranda,   books,   papers,    maps,
24    photographs, microfilms, cards, tapes, recordings, electronic
25    data  processing  records, recorded information and all other
26    documentary  materials,  regardless  of  physical   form   or
27    characteristics,  having  been  prepared,  or  having been or
28    being used, received, possessed or under the control  of  any
29    public body.  "Public records" includes, but is expressly not
30    limited  to:   (i)  administrative manuals, procedural rules,
31    and instructions to staff, unless exempted by Section 7(p) of
                            -2-                LRB9009544LDbd
 1    this  Act;  (ii)  final  opinions  and  orders  made  in  the
 2    adjudication of cases, except  an  educational  institution's
 3    adjudication of student or employee grievance or disciplinary
 4    cases;   (iii)   substantive   rules;   (iv)  statements  and
 5    interpretations of policy which have been adopted by a public
 6    body;  (v)  final  planning  policies,  recommendations,  and
 7    decisions; (vi)  factual  reports,  inspection  reports,  and
 8    studies whether prepared by or for the public body; (vii) all
 9    information in any account, voucher, or contract dealing with
10    the receipt or expenditure of public or other funds of public
11    bodies;  (viii)  the  names,  salaries,  titles, and dates of
12    employment of all employees and officers  of  public  bodies;
13    (ix)  materials  containing opinions concerning the rights of
14    the state, the public, a subdivision  of  state  or  a  local
15    government,  or of any private persons; (x) the name of every
16    official and the final records of voting in  all  proceedings
17    of public bodies; (xi) applications for any contract, permit,
18    grant,  or  agreement  except  as exempted from disclosure by
19    subsection (g) of Section 7 of this Act; (xii)  each  report,
20    document,  study,  or  publication  prepared  by  independent
21    consultants  or  other independent contractors for the public
22    body; (xiii) all other information required by law to be made
23    available for public inspection or copying; (xiv) information
24    relating to any grant or contract made by or between a public
25    body and another public body  or  private  organization;  and
26    (xv)  waiver documents filed with the State Superintendent of
27    Education or the president  of  the  University  of  Illinois
28    under Section 30-12.5 of the School Code, concerning nominees
29    for General Assembly scholarships under Sections 30-9, 30-10,
30    and  30-11  of  the  School  Code;  and  (xvi) complaints and
31    results of complaints of licensing  violations  at  day  care
32    facilities  licensed  under  the  Child  Care  Act  of  1969,
33    provided  that  personal  and  identifying information is not
34    released.
                            -3-                LRB9009544LDbd
 1        (d)  "Copying"  means  the  reproduction  of  any  public
 2    record by means of any photographic,  electronic,  mechanical
 3    or other process, device or means.
 4        (e)  "Head  of  the  public  body"  means  the president,
 5    mayor, chairman, presiding officer, director, superintendent,
 6    manager, supervisor or individual otherwise  holding  primary
 7    executive  and  administrative authority for the public body,
 8    or such person's duly authorized designee.
 9        (f)  "News media" means a newspaper or  other  periodical
10    issued at regular intervals, a news service, a radio station,
11    a television station, a community antenna television service,
12    or  a  person  or corporation engaged in making news reels or
13    other motion picture news for public showing.
14    (Source: P.A. 89-681, eff. 12-13-96; 90-144, eff. 7-23-97.)
15        Section 10.  The Child Care Act of  1969  is  amended  by
16    changing Sections 3, 4.3, 8, 8.1, 12, and 18 as follows:
17        (225 ILCS 10/3) (from Ch. 23, par. 2213)
18        Sec.  3.   (a) No person, group of persons or corporation
19    may operate or  conduct  any  facility  for  child  care,  as
20    defined  in  this  Act, without a license or permit issued by
21    the Department or without being approved by the Department as
22    meeting the standards established for  such  licensing,  with
23    the   exception   of   facilities   for  whom  standards  are
24    established by the Department of  Corrections  under  Section
25    3-15-2  of  the  Unified  Code  of  Corrections  and with the
26    exception of facilities defined in Section 2.10 of this  Act,
27    and  with the exception of programs or facilities licensed by
28    the Department of Human Services  under  the  Alcoholism  and
29    Other Drug Abuse and Dependency Act.
30        (b)  No  part  day  child  care  facility as described in
31    Section 2.10 may operate without written notification to  the
32    Department   or   without   complying   with   Section   7.1.
                            -4-                LRB9009544LDbd
 1    Notification  shall  include  a  notarized  statement  by the
 2    facility that the  facility  complies  with  state  or  local
 3    health  standards  and state fire safety standards, and shall
 4    be filed with the department every 2 years.
 5        (b-5)  No person who receives children for care, day care
 6    center, day care home, or day care  agency  as  described  in
 7    Section  2.10  may  operate  without providing a complete and
 8    detailed listing of all children, their  parents,  and  their
 9    home  addresses  to  the  Department  within  48 hours of the
10    notification of an investigation of the person  who  received
11    children  for  care or any person at the day care center, day
12    care home, or day care agency for abuse or neglect.
13        (c)  The  Director  of  the  Department  shall  establish
14    policies and coordinate activities  relating  to  child  care
15    licensing, licensing of day care homes and day care centers.
16        (d)  Any   facility   or  agency  which  is  exempt  from
17    licensing may apply for licensing if  licensing  is  required
18    for some government benefit.
19    (Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)
20        (225 ILCS 10/4.3) (from Ch. 23, par. 2214.3)
21        Sec.  4.3.   Child  Abuse  and Neglect Reports. All child
22    care  facility  license  applicants  and  all   current   and
23    prospective  employees  of a child care facility who have any
24    possible contact with children in the course of their duties,
25    as  a  condition  of  such  licensure  or  employment,  shall
26    authorize in writing on a form prescribed by  the  Department
27    an  investigation  of the Central Register, as defined in the
28    Abused and Neglected Child Reporting  Act,  to  ascertain  if
29    such  applicant  or  employee  has  been  determined  to be a
30    perpetrator in an indicated report of child abuse or neglect.
31        All child care facilities as  a  condition  of  licensure
32    pursuant  to  this  Act shall maintain such information which
33    demonstrates that all current employees and other  applicants
                            -5-                LRB9009544LDbd
 1    for employment who have any possible contact with children in
 2    the  course  of their duties have authorized an investigation
 3    of the Central Register as hereinabove required.  Only  those
 4    current  or  prospective  employees who will have no possible
 5    contact with children as part of their present or prospective
 6    employment  may  be  excluded   from   provisions   requiring
 7    authorization  of an investigation. A day care home, day care
 8    center, or day care agency, as a condition of licensure under
 9    this Act, shall make available to the Department  immediately
10    upon  request a complete and detailed listing of all children
11    enrolled at its facility, including the names  and  addresses
12    of  all  parents  of  those  children.   A person who accepts
13    children for  care,  regardless  of  whether  he  or  she  is
14    eligible  or  exempt  from licensing requirements, shall make
15    available  to  the  Department  immediately  upon  request  a
16    complete and detailed listing of all children enrolled at his
17    or her facility, including the names  and  addresses  of  all
18    parents of those children.
19        Such information concerning a license applicant, employee
20    or  prospective  employee obtained by the Department shall be
21    confidential and exempt from public inspection and copying as
22    provided under Section 7 of The Freedom of  Information  Act,
23    and  such  information  shall  not be transmitted outside the
24    Department, except as provided in the  Abused  and  Neglected
25    Child  Reporting  Act, and shall not be transmitted to anyone
26    within the Department except as provided in  the  Abused  and
27    Neglected  Child  Reporting Act, and shall not be transmitted
28    to anyone within the Department  except  as  needed  for  the
29    purposes of evaluation of an application for licensure or for
30    consideration  by  a  child care facility of an employee. Any
31    employee of the Department of Children  and  Family  Services
32    under  this  Section  who  gives  or  causes  to be given any
33    confidential  information  concerning  any  child  abuse   or
34    neglect  reports about a child care facility applicant, child
                            -6-                LRB9009544LDbd
 1    care  facility  employee,  shall  be  guilty  of  a  Class  A
 2    misdemeanor, unless release of such information is authorized
 3    by Section 11.1 of the Abused and Neglected  Child  Reporting
 4    Act.
 5        Additionally,   any  licensee  who  is  informed  by  the
 6    Department of  Children  and  Family  Services,  pursuant  to
 7    Section  7.4 of the Abused and Neglected Child Reporting Act,
 8    approved  June  26,  1975,  as   amended,   that   a   formal
 9    investigation  has  commenced  relating to an employee of the
10    child care facility or any other person in  frequent  contact
11    with  children  at the facility, shall take reasonable action
12    necessary to insure that the  employee  or  other  person  is
13    restricted  during  the  pendency  of  the investigation from
14    contact with children whose care has been  entrusted  to  the
15    facility.
16    (Source: P.A. 86-1420.)
17        (225 ILCS 10/8) (from Ch. 23, par. 2218)
18        Sec. 8.  The Department may revoke or refuse to renew the
19    license  of  any  child care facility or refuse to issue full
20    license to the holder of a  permit  should  the  licensee  or
21    holder of a permit:
22        (1)  fail  to maintain standards prescribed and published
23    by the Department;
24        (2)  violate any of the provisions of the license issued;
25        (3)  furnish  or  make  any  misleading  or   any   false
26    statement or report to the Department;
27        (4)  refuse  to  submit  to the Department any reports or
28    refuse to  make  available  to  the  Department  any  records
29    required  by  the  Department  in making investigation of the
30    facility for licensing purposes;
31        (5)  fail or refuse to submit to an investigation by  the
32    Department;
33        (6)  fail  or  refuse to admit authorized representatives
                            -7-                LRB9009544LDbd
 1    of the Department at any reasonable time for the  purpose  of
 2    investigation;
 3        (7)  fail  to  provide,  maintain, equip and keep in safe
 4    and sanitary condition premises established or used for child
 5    care  as  required  under   standards   prescribed   by   the
 6    Department,  or  as otherwise required by any law, regulation
 7    or ordinance applicable to the location of such facility;
 8        (8)  refuse to display its license or permit;
 9        (9)  be the subject of an indicated report under  Section
10    3  of  the "Abused and Neglected Child Reporting Act" or fail
11    to  discharge  or  sever  affiliation  with  the  child  care
12    facility of an employee or volunteer  at  the  facility  with
13    direct  contact  with  children  who  is  the  subject  of an
14    indicated report under Section 3 of that Act;
15        (9.5)  fail or refuse to provide the  Department  with  a
16    complete  and  detailed  listing,  including  the  names  and
17    addresses  of  parents, of all children cared for or enrolled
18    by  the  child  care  facility  within  48   hours   of   the
19    notification  that  an  investigation  for  abuse  or neglect
20    involving the child care facility or a person in  its  employ
21    has been commenced;
22        (10)  fail to comply with the provisions of Section 7.1;
23        (11)  fail  to  exercise  reasonable  care in the hiring,
24    training and supervision of facility personnel;
25        (12)  fail  to  report  suspected  abuse  or  neglect  of
26    children within the facility, as required by the  Abused  and
27    Neglected Child Reporting Act;
28        (13)  fail to comply with Section 5.1. of this Act; or
29        (14)  be identified in an investigation by the Department
30    as  an  addict or alcoholic, as defined in the Alcoholism and
31    Other Drug Abuse and Dependency Act, or be a person whom  the
32    Department  knows  has  abused  alcohol or drugs, and has not
33    successfully participated in treatment, self-help  groups  or
34    other suitable activities, and the Department determines that
                            -8-                LRB9009544LDbd
 1    because  of such abuse the licensee, holder of the permit, or
 2    any other  person  directly  responsible  for  the  care  and
 3    welfare   of  the  children  served,  does  not  comply  with
 4    standards  relating  to  character,  suitability   or   other
 5    qualifications established under Section 7 of this Act.
 6    (Source: P.A. 88-670, eff. 12-2-94.)
 7        (225 ILCS 10/8.1) (from Ch. 23, par. 2218.1)
 8        Sec. 8.1.  The Department shall revoke or refuse to renew
 9    the  license  of any child care facility or refuse to issue a
10    full license to the holder of a permit should the licensee or
11    holder of a permit:
12        (1) fail to correct any condition which  jeopardizes  the
13    health,  safety, morals, or welfare of children served by the
14    facility;
15        (2) fail to correct any condition or occurrence  relating
16    to  the operation or maintenance of the facility comprising a
17    violation under Section 8 of this Act;or
18        (3) fail to maintain financial resources adequate for the
19    satisfactory care of children served in regard to  upkeep  of
20    premises, and provisions for personal care, medical services,
21    clothing,  education and other essentials in the proper care,
22    rearing and training of children; or.
23        (4)  fail or refuse to  provide  the  Department  with  a
24    complete  and  detailed  listing,  including  the  names  and
25    addresses  of  parents, of all children cared for or enrolled
26    by the licensee within 48 hours of the notification  that  an
27    investigation  for abuse or neglect involving the licensee or
28    a person in his or her employ has been commenced.
29    (Source: P.A. 83-1362.)
30        (225 ILCS 10/12) (from Ch. 23, par. 2222)
31        Sec. 12. A child  care  facility  licensed  or  operating
32    under   a   permit  issued  by  the  Department  may  publish
                            -9-                LRB9009544LDbd
 1    advertisements of the services for which it  is  specifically
 2    licensed or issued a permit under this Act. No person, unless
 3    licensed  or  holding  a permit as a child care facility, may
 4    cause to be published any advertisement soliciting a child or
 5    children for  care  or  placement  or  offering  a  child  or
 6    children  for  care  or  placement.  A  child  care  facility
 7    licensed or operating under a permit issued by the Department
 8    may  not  publish advertisements of the services for which it
 9    is specifically licensed or holding a permit as a child  care
10    facility during the pendency of an investigation for abuse or
11    neglect  or a violation of this Act or rules adopted pursuant
12    to this Act.
13    (Source: P.A. 76-63.)
14        (225 ILCS 10/18) (from Ch. 23, par. 2228)
15        Sec. 18.  Any person, group of  persons,  association  or
16    corporation who
17        (1)  conducts,  operates or acts as a child care facility
18    without a license or permit to do so in violation of  Section
19    3 of this Act;
20        (2)  makes materially false statements in order to obtain
21    a license or permit;
22        (3)  fails  to  keep  the  records  and  make the reports
23    provided under this Act;
24        (4)  advertises any service not authorized by license  or
25    permit held;
26        (4.5)  advertises  any  service during the pendency of an
27    investigation for abuse or neglect or a violation of this Act
28    or rules adopted pursuant to this Act;
29        (4.6)  during the pendency of an  investigation,  accepts
30    for  care or enrolls a child who was not enrolled on the date
31    of commencement of an investigation;
32        (5)  publishes any advertisement  in  violation  of  this
33    Act;
                            -10-               LRB9009544LDbd
 1        (6)  receives within this State any child in violation of
 2    Section 16 of this Act; or
 3        (7)  violates  any  other  provision  of  this Act or any
 4    reasonable rule or regulation adopted and  published  by  the
 5    Department for the enforcement of the provisions of this Act,
 6    is  guilty  of  a  Class  A  misdemeanor  and  in  case of an
 7    association or corporation, imprisonment may be imposed  upon
 8    its officers who knowingly participated in the violation.
 9        Any  child  care facility that continues to operate after
10    its license is revoked under Section 8 of this Act  or  after
11    its  license  expires and the Department refused to renew the
12    license as provided in Section 8 of this Act is guilty  of  a
13    business  offense  and  shall be fined an amount in excess of
14    $500 but not exceeding $10,000, and each day of violation  is
15    a separate offense.
16        In  a  prosecution under this Act, a defendant who relies
17    upon the relationship of any child to himself has the  burden
18    of proof as to that relationship.
19    (Source: P.A. 83-1362.)
20        Section 15.  The Abused and Neglected Child Reporting Act
21    is  amended by changing Sections 7.4, 7.8, 7.17, 9, 11, 11.1,
22    and 11.3, and adding Section 6.5 as follows:
23        (325 ILCS 5/6.5 new)
24        Sec. 6.5.  A person  required  to  investigate  cases  of
25    suspected  child  abuse  or  neglect  may obtain the name and
26    address of all parents whose children  are  enrolled  in  the
27    child  care  facility  employing  the  person alleged to have
28    committed the abuse or neglect.
29        (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
30        Sec.  7.4.   (a)  The  Department  shall  be  capable  of
31    receiving reports of suspected  child  abuse  or  neglect  24
                            -11-               LRB9009544LDbd
 1    hours a day, 7 days a week.  Whenever the Department receives
 2    a  report  alleging  that  a  child is a truant as defined in
 3    Section 26-2a  of  The  School  Code,  as  now  or  hereafter
 4    amended,  the  Department  shall notify the superintendent of
 5    the school district  in  which  the  child  resides  and  the
 6    appropriate superintendent of the educational service region.
 7    The   notification   to  the  appropriate  officials  by  the
 8    Department shall not be considered an allegation of abuse  or
 9    neglect under this Act.
10             (b) (1)  The  following procedures shall be followed
11        in the investigation of all reports of suspected abuse or
12        neglect of a child, except as provided in subsection  (c)
13        of this Section.
14             (2)  If  it  appears  that  the  immediate safety or
15        well-being of a child is endangered, that the family  may
16        flee  or the child disappear, or that the facts otherwise
17        so warrant,  the  Child  Protective  Service  Unit  shall
18        commence  an investigation immediately, regardless of the
19        time of day or night.  In all other cases,  investigation
20        shall  be  commenced  within  24  hours of receipt of the
21        report. Upon receipt of a report,  the  Child  Protective
22        Service  Unit  shall make an initial investigation and an
23        initial determination whether the report is a good  faith
24        indication of alleged child abuse or neglect.
25             (3)  If  the  Unit  determines  the report is a good
26        faith indication of alleged child abuse or neglect,  then
27        a  formal  investigation  shall commence and, pursuant to
28        Section 7.12 of this Act, may or may  not  result  in  an
29        indicated   report.    The   formal  investigation  shall
30        include: direct contact with the subject or  subjects  of
31        the  report  as  soon  as  possible  after  the report is
32        received; an evaluation of the environment of  the  child
33        named  in  the  report and any other children in the same
34        environment; a determination of the risk to such children
                            -12-               LRB9009544LDbd
 1        if they continue to remain in the existing  environments,
 2        as  well  as  a  determination  of the nature, extent and
 3        cause of any condition enumerated  in  such  report;  the
 4        name,   age  and  condition  of  other  children  in  the
 5        environment; and an evaluation as to whether there  would
 6        be  an immediate and urgent necessity to remove the child
 7        from the environment if appropriate  family  preservation
 8        services  were  provided.   After seeing to the safety of
 9        the child or children,  the  Department  shall  forthwith
10        notify  the  subjects  of  the  report in writing, of the
11        existence of the report and their rights  existing  under
12        this  Act  in  regard  to  amendment  or  expungement. To
13        fulfill the  requirements  of  this  Section,  the  Child
14        Protective  Service  Unit  shall  have  the capability of
15        providing  or  arranging  for   comprehensive   emergency
16        services to children and families at all times of the day
17        or night.
18             (4)  If  (i) at the conclusion of the Unit's initial
19        investigation of a report, the Unit determines the report
20        to be a good faith indication of alleged child  abuse  or
21        neglect that warrants a formal investigation by the Unit,
22        the  Department,  any law enforcement agency or any other
23        responsible agency and (ii) the person who is alleged  to
24        have caused the abuse or neglect is employed or otherwise
25        engaged in an activity resulting in frequent contact with
26        children  and  the alleged abuse or neglect is are in the
27        course  of  such  employment  or   activity,   then   the
28        Department  shall,  except  in  investigations  where the
29        Director  determines  that  such  notification  would  be
30        detrimental to the Department's investigation, inform the
31        appropriate   supervisor   or   administrator   of   that
32        employment or activity and  inform  the  parents  of  any
33        child  enrolled  at the child care facility if the person
34        is  employed  at  such  a  facility  that  the  Unit  has
                            -13-               LRB9009544LDbd
 1        commenced a formal investigation pursuant  to  this  Act,
 2        which  may  or may not result in an indicated report. The
 3        Department   shall   also   notify   the   person   being
 4        investigated, unless the Director determines that    such
 5        notification  would  be  detrimental  to the Department's
 6        investigation.
 7        (c)  In an investigation of a report of  suspected  abuse
 8    or  neglect of a child by a school employee at a school or on
 9    school grounds, the Department shall make reasonable  efforts
10    to follow the following procedures:
11             (1)  Investigations involving teachers shall not, to
12        the  extent  possible,  be  conducted when the teacher is
13        scheduled to conduct classes.   Investigations  involving
14        other  school  employees  shall  be  conducted  so  as to
15        minimize  disruption  of  the  school  day.   The  school
16        employee accused of child abuse or neglect may  have  his
17        superior, his association or union representative and his
18        attorney present at any interview or meeting at which the
19        teacher  or administrator is present.  The accused school
20        employee shall be informed by  a  representative  of  the
21        Department,  at  any interview or meeting, of the accused
22        school employee's due process rights and of the steps  in
23        the investigation process. The information shall include,
24        but need not necessarily be limited to the right, subject
25        to the approval of the Department, of the school employee
26        to  confront  the  accuser, if the accuser is 14 years of
27        age or  older,  or  the  right  to  review  the  specific
28        allegations which gave rise to the investigation, and the
29        right to review all materials and evidence that have been
30        submitted to the Department in support of the allegation.
31        These  due process rights shall also include the right of
32        the school employee to  present  countervailing  evidence
33        regarding the accusations.
34             (2)  If a report of neglect or abuse of a child by a
                            -14-               LRB9009544LDbd
 1        teacher  or administrator does not involve allegations of
 2        sexual  abuse  or  extreme  physical  abuse,  the   Child
 3        Protective  Service Unit shall make reasonable efforts to
 4        conduct the initial investigation  in  coordination  with
 5        the employee's supervisor.
 6             If  the  Unit  determines  that the report is a good
 7        faith indication of potential child abuse or neglect,  it
 8        shall   then   commence   a  formal  investigation  under
 9        paragraph (3) of subsection (b) of this Section.
10             (3)  If a report of neglect or abuse of a child by a
11        teacher or administrator involves an allegation of sexual
12        abuse or extreme physical  abuse,  the  Child  Protective
13        Unit  shall commence an investigation under paragraph (2)
14        of subsection (b) of this Section.
15        (d)  If the Department has contact with  an  employer  in
16    the  course of its investigation, the Department shall notify
17    the employer, in writing, when a report is unfounded so  that
18    any  record  of  the  investigation  can be expunged from the
19    employee's personnel  records.   The  Department  shall  also
20    notify  any  parent  of  a  child  enrolled  in  a child care
21    facility  who  has  been  informed  of  the  pendency  of  an
22    investigation when the report is unfounded.   The  Department
23    shall also notify the employee, in writing, that notification
24    has  been sent to the employer and to the parents of children
25    enrolled in a child care facility informing them the employer
26    that  the  Department's  investigation  has  resulted  in  an
27    unfounded report.
28        (e)  Upon request by the Department,  the  Department  of
29    State  Police  and law enforcement agencies are authorized to
30    provide criminal history record information   as  defined  in
31    the   Illinois   Uniform   Conviction   Information  Act  and
32    information maintained in the adjudicatory and  dispositional
33    record  system as defined in subdivision (A)19 of Section 55a
34    of the Civil Administrative  Code  of  Illinois  to  properly
                            -15-               LRB9009544LDbd
 1    designated employees of the Department of Children and Family
 2    Services  if  the  Department  determines  the information is
 3    necessary  to  perform  its  duties  under  the  Abused   and
 4    Neglected  Child  Reporting  Act, the Child Care Act of 1969,
 5    and the Children and Family Services Act.  The request  shall
 6    be in the form and manner required by the Department of State
 7    Police.   Any  information  obtained  by  the  Department  of
 8    Children   and   Family   Services   under  this  Section  is
 9    confidential  and  may  not  be   transmitted   outside   the
10    Department  of  Children  and Family Services other than to a
11    court  of  competent   jurisdiction   or   unless   otherwise
12    authorized by law. Any employee of the Department of Children
13    and Family Services who transmits confidential information in
14    violation  of  this  Section  or causes the information to be
15    transmitted in violation of this Section is guilty of a Class
16    A misdemeanor unless the transmittal of  the  information  is
17    authorized by this Section or otherwise authorized by law.
18    (Source: P.A. 87-400; 88-614, eff. 9-7-94.)
19        (325 ILCS 5/7.8) (from Ch. 23, par. 2057.8)
20        Sec.  7.8.   Upon  receiving an oral or written report of
21    suspected  child  abuse  or  neglect,  the  Department  shall
22    immediately notify,  either  orally  or  electronically,  the
23    Child Protective Service Unit of a previous report concerning
24    a   subject   of   the  present  report  or  other  pertinent
25    information. In addition,  upon  satisfactory  identification
26    procedures,  to  be established by Department regulation, any
27    person authorized to have access  to  records  under  Section
28    11.1  relating  to  child   abuse and neglect may request and
29    shall be immediately provided the  information  requested  in
30    accordance  with  this Act.  However, no information shall be
31    released  unless  it  prominently  states   the   report   is
32    "indicated",  and  only  information from "indicated" reports
33    shall be released, except that information concerning pending
                            -16-               LRB9009544LDbd
 1    reports may  be  released  to  any  person  authorized  under
 2    paragraphs (1), (2), (3), and (11), and 15.5 of Section 11.1.
 3    In  addition,  State's  Attorneys  are  authorized to receive
 4    unfounded reports for prosecution  purposes  related  to  the
 5    transmission  of  false  reports of child abuse or neglect in
 6    violation of subsection (a), paragraph (7) of Section 26-1 of
 7    the Criminal Code of 1961 and guardians  ad  litem  appointed
 8    under  Article  II  of  the  Juvenile Court Act of 1987 shall
 9    receive the classified reports set forth in Section  7.14  of
10    this  Act  in conformance with paragraph (19) of Section 11.1
11    and Section 7.14 of this Act. The names and other identifying
12    data and the dates  and  the  circumstances  of  any  persons
13    requesting or receiving information from the central register
14    shall be entered in the register record.
15    (Source: P.A. 86-904; 86-1293; 87-649.)
16        (325 ILCS 5/7.17) (from Ch. 23, par. 2057.17)
17        Sec.  7.17.   To  the  fullest  extent  possible, written
18    notice of any amendment, expunction, or removal of any record
19    made under this Act shall be served upon each subject of such
20    report and the appropriate  Child  Protective  Service  Unit.
21    Upon  receipt  of  such  notice, the Child Protective Service
22    Unit shall take similar  action in regard to the local  child
23    abuse  and  neglect  index  and  shall  inform,  for the same
24    purpose, any other individuals  or  agencies  which  received
25    such  record under this Act or in any other manner, including
26    parents of  children  enrolled  in  an  affected  child  care
27    facility.  Nothing in this Section is intended to require the
28    destruction of case records.
29    (Source: P.A. 81-1077.)
30        (325 ILCS 5/9) (from Ch. 23, par. 2059)
31        Sec.  9.   Any  person, institution or agency, under this
32    Act, participating in good faith in the making of a report or
                            -17-               LRB9009544LDbd
 1    referral, or  in  the  investigation  of  such  a  report  or
 2    referral or in the taking of photographs and x-rays or in the
 3    retaining  a  child  in  temporary  protective  custody or in
 4    making a disclosure  of  information  concerning  reports  of
 5    child  abuse  and neglect in compliance with Sections 4.2 and
 6    11.1 of this Act shall  have  immunity  from  any  liability,
 7    civil  or, criminal, or that otherwise might result by reason
 8    of such actions.  Any person, institution,  or  agency  under
 9    this   Act   disclosing  the  pendency  or  determination  of
10    classification of a report of abuse or  neglect  at  a  child
11    care  facility  to  any  parent  of  a  child enrolled at the
12    facility shall have immunity from  any  liability,  civil  or
13    criminal,  that  otherwise  might  result  by  reason of such
14    actions.  For  the  purpose  of  any  proceedings,  civil  or
15    criminal, the good faith of any persons required to report or
16    refer, or permitted to report, cases of suspected child abuse
17    or  neglect  or permitted to refer individuals under this Act
18    or required to disclose  information  concerning  reports  of
19    child  abuse  and neglect in compliance with Sections 4.2 and
20    11.1 of this Act, shall be presumed.
21    (Source: P.A. 90-15, eff. 6-13-97.)
22        (325 ILCS 5/11) (from Ch. 23, par. 2061)
23        Sec. 11.  All records concerning reports of  child  abuse
24    and  neglect  or  records concerning referrals under this Act
25    and all records generated as a  result  of  such  reports  or
26    referrals,  shall  be confidential and shall not be disclosed
27    except as  specifically  authorized  by  this  Act  or  other
28    applicable law.  All information concerning the pendency of a
29    child   abuse   or   neglect   investigation  and  subsequent
30    determination  of  classification  of  the  report  shall  be
31    confidential and  shall  not  be  disclosed  or  re-disclosed
32    except  as  specifically  authorized  by  this  Act  or other
33    applicable law.  It is  a  Class  A  misdemeanor  to  permit,
                            -18-               LRB9009544LDbd
 1    assist,   or   encourage  the  unauthorized  release  of  any
 2    information contained in such reports, referrals or records.
 3        Nothing contained in this Section prevents the sharing or
 4    disclosure of records relating or pertaining to the death  of
 5    a  minor  under  the  care  of or receiving services from the
 6    Department of Children and Family  Services   and  under  the
 7    jurisdiction  of  the juvenile court with the juvenile court,
 8    the State's Attorney, and the minor's attorney.
 9    (Source: P.A. 90-15, eff. 6-13-97.)
10        (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
11        Sec. 11.1.  Access  to  records.   A  person  shall  have
12    access  to  the  records  described  in  Section  11  only in
13    furtherance  of  purposes   directly   connected   with   the
14    administration  of  this Act or the Intergovernmental Missing
15    Child Recovery Act of 1984.  Those persons and  purposes  for
16    access include:
17             (1)  Department  staff  in  the furtherance of their
18        responsibilities under this Act, or for  the  purpose  of
19        completing   background   investigations  on  persons  or
20        agencies licensed by the  Department  or  with  whom  the
21        Department  contracts  for the provision of child welfare
22        services.
23             (2)  A law enforcement agency investigating known or
24        suspected child abuse  or  neglect,  known  or  suspected
25        involvement  with  child  pornography, known or suspected
26        criminal sexual  assault,  known  or  suspected  criminal
27        sexual abuse, or any other sexual offense when a child is
28        alleged to be involved.
29             (3)  The    Department    of   State   Police   when
30        administering the  provisions  of  the  Intergovernmental
31        Missing Child Recovery Act of 1984.
32             (4)  A  physician who has before him a child whom he
33        reasonably suspects may be abused or neglected.
                            -19-               LRB9009544LDbd
 1             (5)  A person authorized under Section 5 of this Act
 2        to place a child in  temporary  protective  custody  when
 3        such  person  requires  the  information in the report or
 4        record  to  determine  whether  to  place  the  child  in
 5        temporary protective custody.
 6             (6)  A person having  the  legal  responsibility  or
 7        authorization to care for, treat, or supervise a child or
 8        a  parent,  guardian, or other person responsible for the
 9        child's welfare who is the subject of a report.
10             (7)  Except in  regard  to  harmful  or  detrimental
11        information  as  provided in Section 7.19, any subject of
12        the report, and if the subject of the report is a  minor,
13        his guardian or guardian ad litem.
14             (8)  A  court,  upon its finding that access to such
15        records may be necessary  for  the  determination  of  an
16        issue  before  such  court; however, such access shall be
17        limited  to  in  camera  inspection,  unless  the   court
18        determines  that  public  disclosure  of  the information
19        contained therein is necessary for the resolution  of  an
20        issue then pending before it.
21             (8.1)  A   probation  officer  or  other  authorized
22        representative  of  a   probation   or   court   services
23        department conducting an investigation ordered by a court
24        under the Juvenile Court Act of l987.
25             (9)  A  grand  jury,  upon  its  determination  that
26        access to such records is necessary in the conduct of its
27        official business.
28             (10)  Any  person  authorized  by  the  Director, in
29        writing, for audit or bona fide research purposes.
30             (11)  Law enforcement agencies, coroners or  medical
31        examiners, physicians, courts, school superintendents and
32        child   welfare   agencies   in   other  states  who  are
33        responsible for child abuse or neglect investigations  or
34        background investigations.
                            -20-               LRB9009544LDbd
 1             (12)  The Department of Professional Regulation, the
 2        State  Board  of  Education and school superintendents in
 3        Illinois, who may use or disclose  information  from  the
 4        records  as they deem necessary to conduct investigations
 5        or take disciplinary action, as provided by law.
 6             (13)  A coroner or medical examiner who  has  reason
 7        to  believe  that a child has died as the result of abuse
 8        or neglect.
 9             (14)  The Director of a State-operated facility when
10        an employee of that facility is  the  perpetrator  in  an
11        indicated report.
12             (15)  The operator of a licensed child care facility
13        or  a  facility  licensed  by  the  Department  of  Human
14        Services  (as  successor  to the Department of Alcoholism
15        and Substance Abuse) in  which  children  reside  when  a
16        current  or  prospective employee of that facility is the
17        perpetrator  in  an  indicated  child  abuse  or  neglect
18        report, pursuant to Section 4.3 of the Child Care Act  of
19        1969.
20             (15.5)  The parents of any child enrolled at a child
21        care facility when a current employee of that facility is
22        the  alleged  perpetrator  of  sexual  abuse  or  extreme
23        physical abuse (or abuse or neglect priority one report),
24        as such term (or report) is defined by Department rule.
25             (16)  Members  of  a  multidisciplinary  team in the
26        furtherance of its responsibilities under subsection  (b)
27        of  Section  7.1.  All reports concerning child abuse and
28        neglect   made   available    to    members    of    such
29        multidisciplinary  teams  and  all records generated as a
30        result of such reports shall be  confidential  and  shall
31        not  be  disclosed,  except as specifically authorized by
32        this Act or other  applicable  law.   It  is  a  Class  A
33        misdemeanor   to   permit,   assist   or   encourage  the
34        unauthorized release of any information contained in such
                            -21-               LRB9009544LDbd
 1        reports or records.  Nothing contained  in  this  Section
 2        prevents  the  sharing  of reports or records relating or
 3        pertaining to the death of a minor under the care  of  or
 4        receiving  services  from  the Department of Children and
 5        Family  Services  and  under  the  jurisdiction  of   the
 6        juvenile  court  with  the  juvenile  court,  the State's
 7        Attorney, and the minor's attorney.
 8             (17)  The Department of Human Services, as  provided
 9        in Section 17 of the Disabled Persons Rehabilitation Act.
10             (18)  Any   other   agency  or  investigative  body,
11        including the Department of Public  Health  and  a  local
12        board  of  health,  authorized by State law to conduct an
13        investigation  into  the  quality  of  care  provided  to
14        children in hospitals  and  other  State  regulated  care
15        facilities.   The  access   to and release of information
16        from such records shall be subject to the approval of the
17        Director of the Department or his designee.
18             (19)  The person appointed, under  Section  2-17  of
19        the  Juvenile  Court  Act,  as the guardian ad litem of a
20        minor who is the subject of a  report  or  records  under
21        this Act.
22             (20)  Nothing  contained  in  this  Act prevents the
23        sharing or disclosure of information or records  relating
24        or  pertaining  to juveniles subject to the provisions of
25        the  Serious  Habitual  Offender   Comprehensive   Action
26        Program  when  that  information is used to assist in the
27        early identification and treatment of  habitual  juvenile
28        offenders.
29             (20.5)  Nothing  contained  in this Act prevents the
30        sharing or disclosure of information relating to  alleged
31        incidents  of  abuse  at  a  child care facility with the
32        parents of children enrolled at the child  care  facility
33        at  the  time  of  receipt  of the allegation or any time
34        thereafter, up to and including  the  completion  of  the
                            -22-               LRB9009544LDbd
 1        investigation.   In  all  instances  where  disclosure of
 2        information is made pursuant  to  paragraph  (15.5),  the
 3        Department    shall   disclose   the   results   of   the
 4        investigation to all parents of children notified of  the
 5        pendency  of  the  investigation.   The  Department shall
 6        adopt such rules as may be necessary to ensure  that  the
 7        disclosure  of information is limited to such information
 8        as it deems vital to the  protection  and  monitoring  of
 9        children  at  the  child  care  facility.  In no instance
10        shall the Department disclose such information, including
11        the pendency of the report, to persons not authorized  to
12        receive  that  information.   The  Department  shall  not
13        disclose   any   information   except   as   specifically
14        enumerated in this Section.
15             (21)  To  the  extent  that  persons or agencies are
16        given access to information  pursuant  to  this  Section,
17        those  persons  or  agencies may give this information to
18        and receive this information from each other in order  to
19        facilitate an investigation conducted by those persons or
20        agencies.
21    (Source: P.A. 89-507, eff. 7-1-97; 90-15, eff. 6-13-97.)
22        (325 ILCS 5/11.3) (from Ch. 23, par. 2061.3)
23        Sec.  11.3.   A person given access to the names or other
24    information identifying the subjects of  the  report,  except
25    the  subject  of  the  report,  shall  not  make  public such
26    identifying information unless he is a  State's  attorney  or
27    other law enforcement official and the purpose is to initiate
28    court  action.   A parent of a child at a child care facility
29    shall not make  public  any  information  received  from  the
30    Department concerning the pendency of an investigation or the
31    determination  that an investigation is unfounded.  Violation
32    of this Section is a Class A misdemeanor.
33    (Source: P.A. 81-1077.)

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