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90_SB0345ham003
LRB9000198MWcdam
1 AMENDMENT TO SENATE BILL 345
2 AMENDMENT NO. . Amend Senate Bill 345 on page 1, by
3 replacing lines 1 and 2 with the following:
4 "AN ACT concerning records relating to minors."; and
5 on page 1, line 14, by inserting "changing Section 35.1 and
6 by" after "by"; and
7 on page 1, by inserting below line 14 the following:
8 "(20 ILCS 505/35.1) (from Ch. 23, par. 5035.1)
9 Sec. 35.1. The case and clinical records of patients in
10 Department supervised facilities, wards of the Department,
11 children receiving or applying for child welfare services,
12 persons receiving or applying for other services of the
13 Department, and Department reports of injury or abuse to
14 children shall not be open to the general public. Such case
15 and clinical records and reports or the information contained
16 therein shall be disclosed by the Director of the Department
17 only to proper law enforcement officials, individuals
18 authorized by court, the Illinois General Assembly or any
19 committee or commission thereof, and to such other persons
20 and for such reasons as the Director shall designate by rule
21 or regulation. This Section does not apply to the
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1 Department's fiscal records, other records of a purely
2 administrative nature, or any forms, documents or other
3 records required of facilities subject to licensure by the
4 Department except as may otherwise be provided under the
5 Child Care Act of 1969.
6 Nothing contained in this Act prevents the sharing or
7 disclosure of information or records relating or pertaining
8 to juveniles subject to the provisions of the Serious
9 Habitual Offender Comprehensive Action Program when that
10 information is used to assist in the early identification and
11 treatment of habitual juvenile offenders.
12 Nothing contained in this Act prevents the sharing or
13 disclosure of information or records relating or pertaining
14 to the death of a minor under the care of or receiving
15 services from the Department and under the jurisdiction of
16 the juvenile court with the juvenile court, the State's
17 Attorney, and the minor's attorney.
18 (Source: P.A. 87-928.)"; and
19 on page 1, by inserting below line 24 the following:
20 "Section 11. The Child Death Review Team Act is amended
21 by changing Section 30 as follows:
22 (20 ILCS 515/30)
23 Sec. 30. Public access to information.
24 (a) Meetings of child death review teams shall be closed
25 to the public. Meetings of child death review teams are not
26 subject to the Open Meetings Act (5 ILCS 120/1 et seq.), as
27 provided in that Act.
28 (b) Records and information provided to a child death
29 review team, and records maintained by a team, are
30 confidential and not subject to the Freedom of Information
31 Act (5 ILCS 140/1 et seq.), as provided in that Act.
32 Nothing contained in this subsection (b) prevents the
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1 sharing or disclosure of records, other than those produced
2 by a Child Death Review Team, relating or pertaining to the
3 death of a minor under the care of or receiving services from
4 the Department of Children and Family Services and under the
5 jurisdiction of the juvenile court with the juvenile court,
6 the State's Attorney, and the minor's attorney.
7 (c) Members of a child death review team are not subject
8 to examination, in any civil or criminal proceeding,
9 concerning information presented to members of the team or
10 opinions formed by members of the team based on that
11 information. A person may, however, be examined concerning
12 information provided to a child death review team that is
13 otherwise available to the public.
14 (d) Records and information produced by a child death
15 review team are not subject to discovery or subpoena and are
16 not admissible as evidence in any civil or criminal
17 proceeding. Those records and information are, however,
18 subject to discovery or a subpoena, and are admissible as
19 evidence, to the extent they are otherwise available to the
20 public.
21 (Source: P.A. 88-614, eff. 9-7-94.)
22 Section 13. The Abused and Neglected Child Reporting Act
23 is amended by changing Sections 7.7, 7.14, 7.15, 7.16, 9, 11,
24 and 11.1 and by adding Section 4.2 as follows:
25 (325 ILCS 5/4.2 new)
26 Sec. 4.2. Departmental report on death of child.
27 (a) In the case of the death of a child whose care and
28 custody or custody and guardianship has been transferred to
29 the Department, or in the case of a child abuse or neglect
30 report made to the central register involving the death of a
31 child, the Department shall (i) investigate or provide for an
32 investigation of the cause of and circumstances surrounding
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1 the death, (ii) review the investigation, and (iii) prepare
2 and issue a report on the death.
3 (b) The report shall include (i) the cause of death,
4 whether from natural or other causes, (ii) identification of
5 child protective or other services provided or actions taken
6 regarding the child and his or her family, (iii) any
7 extraordinary or pertinent information concerning the
8 circumstances of the child's death, (iv) whether the child or
9 the child's family had received assistance, care, or services
10 from the social services district prior to the child's death,
11 (v) any action or further investigation undertaken by the
12 Department since the death of the child, and (vi) as
13 appropriate, recommendations for State administrative or
14 policy changes.
15 The report shall contain no information that would
16 identify the name of the deceased child, his or her siblings,
17 the parent or other person legally responsible for the child,
18 or any other members of the child's household, but shall
19 refer instead to the case, which may be denoted in any
20 fashion determined appropriate by the Department. In making
21 a fatality report available to the public pursuant to
22 subsection (c) of this Section, the Department may respond to
23 a child specific request for a report if the Department
24 determines that the disclosure is not contrary to the best
25 interests of the deceased child's siblings or other children
26 in the household. Except as it may apply directly to the
27 cause of the death of the child, nothing in this Section
28 shall be deemed to authorize the release or disclosure to the
29 public of the substance or content of any psychological,
30 psychiatric, therapeutic, clinical, or medical reports,
31 evaluation, or like materials or information pertaining to
32 the child or the child's family.
33 (c) No later than 6 months after the date of the death
34 of the child, the Department shall complete its report. The
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1 Department shall notify the President of the Senate, the
2 Minority Leader of the Senate, the Speaker of the House of
3 Representatives, the Minority Leader of the House of
4 Representatives, and the members of the Senate and the House
5 of Representatives in whose district the child's death
6 occurred upon the completion of each report and shall submit
7 an annual cumulative report to the Governor and the General
8 Assembly incorporating the data in the above reports and
9 including appropriate findings and recommendations. The
10 reports concerning the death of a child and the cumulative
11 reports shall be made available to the public after
12 completion or submittal.
13 (d) To enable the Department to prepare the report, the
14 Department may request and shall timely receive from
15 departments, boards, bureaus, or other agencies of the State,
16 or any of its political subdivisions, or any duly authorized
17 agency, or any other agency which provided assistance, care,
18 or services to the deceased child any information they are
19 authorized to provide.
20 (325 ILCS 5/7.7) (from Ch. 23, par. 2057.7)
21 Sec. 7.7. There shall be a central register of all cases
22 of suspected child abuse or neglect reported and maintained
23 by the Department under this Act. Through the recording of
24 initial, preliminary, and final reports, the central register
25 shall be operated in such a manner as to enable the
26 Department to: (1) immediately identify and locate prior
27 reports of child abuse or neglect; (2) continuously monitor
28 the current status of all reports of child abuse or neglect
29 being provided services under this Act; and (3) regularly
30 evaluate the effectiveness of existing laws and programs
31 through the development and analysis of statistical and other
32 information.
33 The Department shall maintain in the central register a
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1 listing of unfounded reports where the subject of the
2 unfounded report requests that the record not be expunged
3 because the subject alleges an intentional false report was
4 made. Such a request must be made by the subject in writing
5 to the Department, within 10 days of the investigation.
6 The Department shall also maintain in the central
7 register a listing of unfounded reports where the report was
8 classified as a priority one or priority two report in
9 accordance with the Department's rules or the report was made
10 by a person mandated to report suspected abuse or neglect
11 under this Act.
12 The Department shall maintain in the central register for
13 3 years a listing of unfounded reports involving the death of
14 a child, the sexual abuse of a child, or serious physical
15 injury to a child as defined by the Department in rules.
16 (Source: P.A. 88-614, eff. 9-7-94.)
17 (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
18 Sec. 7.14. All reports in the central register shall be
19 classified in one of three categories: "indicated",
20 "unfounded" or "undetermined", as the case may be. After the
21 report is classified, the person making the classification
22 shall determine whether the child named in the report is the
23 subject of an action under Article II of the Juvenile Court
24 Act of 1987. If the child is the subject of an action under
25 Article II of the Juvenile Court Act, the Department shall
26 transmit a copy of the report to the guardian ad litem
27 appointed for the child under Section 2-17 of the Juvenile
28 Court Act. All information identifying the subjects of an
29 unfounded report shall be expunged from the register
30 forthwith, except as provided in Section 7.7. Unfounded
31 reports may only be made available to the Child Protective
32 Service Unit when investigating a subsequent report of
33 suspected abuse or maltreatment involving a child named in
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1 the unfounded report; and to the subject of the report,
2 provided that the subject requests the report within 60 days
3 of being notified that the report was unfounded. The Child
4 Protective Service Unit shall not indicate the subsequent
5 report solely based upon the existence of the prior unfounded
6 report or reports. Notwithstanding any other provision of
7 law to the contrary, an unfounded report shall not be
8 admissible in any judicial or administrative proceeding or
9 action. Identifying information on all other records shall be
10 removed from the register no later than 5 years after the
11 report is indicated. However, if another report is received
12 involving the same child, his sibling or offspring, or a
13 child in the care of the persons responsible for the child's
14 welfare, the identifying information may be maintained in the
15 register until 5 years after the subsequent case or report is
16 closed.
17 Notwithstanding any other provision of this Section,
18 identifying information in indicated reports involving the
19 sexual abuse of a child, the death of a child, or serious
20 physical injury to a child as defined by the Department in
21 rules, may be retained longer than 5 years after the report
22 is indicated or after the subsequent case or report is
23 closed, and may not be removed from the register except as
24 provided by the Department in rules.
25 (Source: P.A. 86-904; 87-649.)
26 (325 ILCS 5/7.15) (from Ch. 23, par. 2057.15)
27 Sec. 7.15. The central register may contain such other
28 information which the Department determines to be in
29 furtherance of the purposes of this Act. Pursuant to the
30 provisions of Sections 7.14 and 7.16, the Department may
31 amend, expunge, or remove from the central register
32 appropriate records upon good cause shown and upon notice to
33 the subjects of the report and the Child Protective Service
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1 Unit.
2 (Source: P.A. 81-1077.)
3 (325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)
4 Sec. 7.16. Within 60 days after the notification of the
5 completion of the Child Protective Service Unit
6 investigation, determined by the date of the notification
7 sent by the Department, a subject of a report may request the
8 Department to amend the record, expunge identifying
9 information from, or remove the record of the report from the
10 register. Such request shall be in writing and directed to
11 such person as the Department designates in the notification.
12 The Department shall disregard any request not made in such
13 manner. If the Department refuses to do so or does not act
14 within 30 days, the subject shall have the right to a hearing
15 within the Department to determine whether the record of the
16 report should be amended, expunged, or removed on the grounds
17 that it is inaccurate or it is being maintained in a manner
18 inconsistent with this Act, except that there shall be no
19 such right to a hearing on the ground of the report's
20 inaccuracy if there has been a court finding of child abuse
21 or neglect, the report's accuracy being conclusively presumed
22 on such finding. Such hearing shall be held within a
23 reasonable time after the subject's request and at a
24 reasonable place and hour. The appropriate Child Protective
25 Service Unit shall be given notice of the hearing. In such
26 hearings, the burden of proving the accuracy and consistency
27 of the record shall be on the Department and the appropriate
28 Child Protective Service Unit. The hearing shall be conducted
29 by the Director or his designee, who is hereby authorized
30 and empowered to order the amendment, expunction, or removal
31 of the record to make it accurate and consistent with this
32 Act. The decision shall be made, in writing, at the close of
33 the hearing, or within 30 days thereof, and shall state the
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1 reasons upon which it is based. Decisions of the Department
2 under this Section are administrative decisions subject to
3 judicial review under the Administrative Review Law.
4 Should the Department grant the request of the subject of
5 the report pursuant to this Section either on administrative
6 review or after administrative hearing to amend an indicated
7 report to an unfounded report, the report shall be released
8 and expunged in accordance with the standards set forth in
9 Section 7.14 of this Act.
10 (Source: P.A. 86-904.)
11 (325 ILCS 5/9) (from Ch. 23, par. 2059)
12 Sec. 9. Any person, institution or agency, under this
13 Act, participating in good faith in the making of a report or
14 referral, or in the investigation of such a report or
15 referral or in the taking of photographs and x-rays or in the
16 retaining a child in temporary protective custody or in
17 making a disclosure of information concerning reports of
18 child abuse and neglect in compliance with Sections 4.2 and
19 11.1 of this Act shall have immunity from any liability,
20 civil, criminal or that otherwise might result by reason of
21 such actions. For the purpose of any proceedings, civil or
22 criminal, the good faith of any persons required to report or
23 refer, or permitted to report, cases of suspected child abuse
24 or neglect or permitted to refer individuals under this Act
25 or required to disclose information concerning reports of
26 child abuse and neglect in compliance with Sections 4.2 and
27 11.1 of this Act, shall be presumed.
28 (Source: P.A. 86-1004.)
29 (325 ILCS 5/11) (from Ch. 23, par. 2061)
30 Sec. 11. All records concerning reports of child abuse
31 and neglect or records concerning referrals under this Act
32 and all records generated as a result of such reports or
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1 referrals, shall be confidential and shall not be disclosed
2 except as specifically authorized by this Act or other
3 applicable law. It is a Class A misdemeanor to permit,
4 assist, or encourage the unauthorized release of any
5 information contained in such reports, referrals or records.
6 Nothing contained in this Section prevents the sharing or
7 disclosure of records relating or pertaining to the death of
8 a minor under the care of or receiving services from the
9 Department of Children and Family Services and under the
10 jurisdiction of the juvenile court with the juvenile court,
11 the State's Attorney, and the minor's attorney.
12 (Source: P.A. 86-1004.)
13 (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
14 (Text of Section before amendment by P.A. 89-507)
15 Sec. 11.1. Access to records. A person shall have
16 access to the records described in Section 11 only in
17 furtherance of purposes directly connected with the
18 administration of this Act or the Intergovernmental Missing
19 Child Recovery Act of 1984. Those persons and purposes for
20 access include:
21 (1) Department staff in the furtherance of their
22 responsibilities under this Act, or for the purpose of
23 completing background investigations on persons or
24 agencies licensed by the Department or with whom the
25 Department contracts for the provision of child welfare
26 services.
27 (2) A law enforcement agency investigating known or
28 suspected child abuse or neglect, known or suspected
29 involvement with child pornography, known or suspected
30 criminal sexual assault, known or suspected criminal
31 sexual abuse, or any other sexual offense when a child is
32 alleged to be involved.
33 (3) The Department of State Police when
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1 administering the provisions of the Intergovernmental
2 Missing Child Recovery Act of 1984.
3 (4) A physician who has before him a child whom he
4 reasonably suspects may be abused or neglected.
5 (5) A person authorized under Section 5 of this Act
6 to place a child in temporary protective custody when
7 such person requires the information in the report or
8 record to determine whether to place the child in
9 temporary protective custody.
10 (6) A person having the legal responsibility or
11 authorization to care for, treat, or supervise a child or
12 a parent, guardian, or other person responsible for the
13 child's welfare who is the subject of a report.
14 (7) Except in regard to harmful or detrimental
15 information as provided in Section 7.19, any subject of
16 the report, and if the subject of the report is a minor,
17 his guardian or guardian ad litem.
18 (8) A court, upon its finding that access to such
19 records may be necessary for the determination of an
20 issue before such court; however, such access shall be
21 limited to in camera inspection, unless the court
22 determines that public disclosure of the information
23 contained therein is necessary for the resolution of an
24 issue then pending before it.
25 (8.1) A probation officer or other authorized
26 representative of a probation or court services
27 department conducting an investigation ordered by a court
28 under the Juvenile Court Act of l987.
29 (9) A grand jury, upon its determination that
30 access to such records is necessary in the conduct of its
31 official business.
32 (10) Any person authorized by the Director, in
33 writing, for audit or bona fide research purposes.
34 (11) Law enforcement agencies, coroners or medical
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1 examiners, physicians, courts, school superintendents and
2 child welfare agencies in other states who are
3 responsible for child abuse or neglect investigations or
4 background investigations.
5 (12) The Department of Professional Regulation, the
6 State Board of Education and school superintendents in
7 Illinois, who may use or disclose information from the
8 records as they deem necessary to conduct investigations
9 or take disciplinary action, as provided by law.
10 (13) A coroner or medical examiner who has reason
11 to believe that a child has died as the result of abuse
12 or neglect.
13 (14) The Director of a State-operated facility when
14 an employee of that facility is the perpetrator in an
15 indicated report.
16 (15) The operator of a licensed child care facility
17 or a facility licensed by the Department of Alcoholism
18 and Substance Abuse in which children reside when a
19 current or prospective employee of that facility is the
20 perpetrator in an indicated child abuse or neglect
21 report, pursuant to Section 4.3 of the Child Care Act of
22 1969.
23 (16) Members of a multidisciplinary team in the
24 furtherance of its responsibilities under subsection (b)
25 of Section 7.1. All reports concerning child abuse and
26 neglect made available to members of such
27 multidisciplinary teams and all records generated as a
28 result of such reports shall be confidential and shall
29 not be disclosed, except as specifically authorized by
30 this Act or other applicable law. It is a Class A
31 misdemeanor to permit, assist or encourage the
32 unauthorized release of any information contained in such
33 reports or records. Nothing contained in this Section
34 prevents the sharing of reports or records relating or
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1 pertaining to the death of a minor under the care of or
2 receiving services from the Department of Children and
3 Family Services and under the jurisdiction of the
4 juvenile court with the juvenile court, the State's
5 Attorney, and the minor's attorney.
6 (17) The Department of Rehabilitation Services, as
7 provided in Section 17 of the Disabled Persons
8 Rehabilitation Act.
9 (18) Any other agency or investigative body,
10 including the Department of Public Health and a local
11 board of health, authorized by State law to conduct an
12 investigation into the quality of care provided to
13 children in hospitals and other State regulated care
14 facilities. The access to and release of information
15 from such records shall be subject to the approval of the
16 Director of the Department or his designee.
17 (19) The person appointed, under Section 2-17 of
18 the Juvenile Court Act, as the guardian ad litem of a
19 minor who is the subject of a report or records under
20 this Act.
21 (20) Nothing contained in this Act prevents the
22 sharing or disclosure of information or records relating
23 or pertaining to juveniles subject to the provisions of
24 the Serious Habitual Offender Comprehensive Action
25 Program when that information is used to assist in the
26 early identification and treatment of habitual juvenile
27 offenders.
28 (21) To the extent that persons or agencies are
29 given access to information pursuant to this Section,
30 those persons or agencies may give this information to
31 and receive this information from each other in order to
32 facilitate an investigation conducted by those persons or
33 agencies.
34 (Source: P.A. 87-649; 87-928; 87-1184; 88-45.)
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1 (Text of Section after amendment by P.A. 89-507)
2 Sec. 11.1. Access to records. A person shall have
3 access to the records described in Section 11 only in
4 furtherance of purposes directly connected with the
5 administration of this Act or the Intergovernmental Missing
6 Child Recovery Act of 1984. Those persons and purposes for
7 access include:
8 (1) Department staff in the furtherance of their
9 responsibilities under this Act, or for the purpose of
10 completing background investigations on persons or
11 agencies licensed by the Department or with whom the
12 Department contracts for the provision of child welfare
13 services.
14 (2) A law enforcement agency investigating known or
15 suspected child abuse or neglect, known or suspected
16 involvement with child pornography, known or suspected
17 criminal sexual assault, known or suspected criminal
18 sexual abuse, or any other sexual offense when a child is
19 alleged to be involved.
20 (3) The Department of State Police when
21 administering the provisions of the Intergovernmental
22 Missing Child Recovery Act of 1984.
23 (4) A physician who has before him a child whom he
24 reasonably suspects may be abused or neglected.
25 (5) A person authorized under Section 5 of this Act
26 to place a child in temporary protective custody when
27 such person requires the information in the report or
28 record to determine whether to place the child in
29 temporary protective custody.
30 (6) A person having the legal responsibility or
31 authorization to care for, treat, or supervise a child or
32 a parent, guardian, or other person responsible for the
33 child's welfare who is the subject of a report.
34 (7) Except in regard to harmful or detrimental
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1 information as provided in Section 7.19, any subject of
2 the report, and if the subject of the report is a minor,
3 his guardian or guardian ad litem.
4 (8) A court, upon its finding that access to such
5 records may be necessary for the determination of an
6 issue before such court; however, such access shall be
7 limited to in camera inspection, unless the court
8 determines that public disclosure of the information
9 contained therein is necessary for the resolution of an
10 issue then pending before it.
11 (8.1) A probation officer or other authorized
12 representative of a probation or court services
13 department conducting an investigation ordered by a court
14 under the Juvenile Court Act of l987.
15 (9) A grand jury, upon its determination that
16 access to such records is necessary in the conduct of its
17 official business.
18 (10) Any person authorized by the Director, in
19 writing, for audit or bona fide research purposes.
20 (11) Law enforcement agencies, coroners or medical
21 examiners, physicians, courts, school superintendents and
22 child welfare agencies in other states who are
23 responsible for child abuse or neglect investigations or
24 background investigations.
25 (12) The Department of Professional Regulation, the
26 State Board of Education and school superintendents in
27 Illinois, who may use or disclose information from the
28 records as they deem necessary to conduct investigations
29 or take disciplinary action, as provided by law.
30 (13) A coroner or medical examiner who has reason
31 to believe that a child has died as the result of abuse
32 or neglect.
33 (14) The Director of a State-operated facility when
34 an employee of that facility is the perpetrator in an
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1 indicated report.
2 (15) The operator of a licensed child care facility
3 or a facility licensed by the Department of Human
4 Services (as successor to the Department of Alcoholism
5 and Substance Abuse) in which children reside when a
6 current or prospective employee of that facility is the
7 perpetrator in an indicated child abuse or neglect
8 report, pursuant to Section 4.3 of the Child Care Act of
9 1969.
10 (16) Members of a multidisciplinary team in the
11 furtherance of its responsibilities under subsection (b)
12 of Section 7.1. All reports concerning child abuse and
13 neglect made available to members of such
14 multidisciplinary teams and all records generated as a
15 result of such reports shall be confidential and shall
16 not be disclosed, except as specifically authorized by
17 this Act or other applicable law. It is a Class A
18 misdemeanor to permit, assist or encourage the
19 unauthorized release of any information contained in such
20 reports or records. Nothing contained in this Section
21 prevents the sharing of reports or records relating or
22 pertaining to the death of a minor under the care of or
23 receiving services from the Department of Children and
24 Family Services and under the jurisdiction of the
25 juvenile court with the juvenile court, the State's
26 Attorney, and the minor's attorney.
27 (17) The Department of Human Services, as provided
28 in Section 17 of the Disabled Persons Rehabilitation Act.
29 (18) Any other agency or investigative body,
30 including the Department of Public Health and a local
31 board of health, authorized by State law to conduct an
32 investigation into the quality of care provided to
33 children in hospitals and other State regulated care
34 facilities. The access to and release of information
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1 from such records shall be subject to the approval of the
2 Director of the Department or his designee.
3 (19) The person appointed, under Section 2-17 of
4 the Juvenile Court Act, as the guardian ad litem of a
5 minor who is the subject of a report or records under
6 this Act.
7 (20) Nothing contained in this Act prevents the
8 sharing or disclosure of information or records relating
9 or pertaining to juveniles subject to the provisions of
10 the Serious Habitual Offender Comprehensive Action
11 Program when that information is used to assist in the
12 early identification and treatment of habitual juvenile
13 offenders.
14 (21) To the extent that persons or agencies are
15 given access to information pursuant to this Section,
16 those persons or agencies may give this information to
17 and receive this information from each other in order to
18 facilitate an investigation conducted by those persons or
19 agencies.
20 (Source: P.A. 88-45; 89-507, eff. 7-1-97.)"; and
21 on page 5, by inserting below line 10 the following:
22 "Section 95. No acceleration or delay. Where this Act
23 makes changes in a statute that is represented in this Act by
24 text that is not yet or no longer in effect (for example, a
25 Section represented by multiple versions), the use of that
26 text does not accelerate or delay the taking effect of (i)
27 the changes made by this Act or (ii) provisions derived from
28 any other Public Act.".