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90_SB0853
325 ILCS 5/11.1a new
Amends the Abused and Neglected Child Reporting Act.
Provides that the Department of Children and Family Services
may disclose information regarding the abuse and neglect of
children, the investigation thereof, and any services related
thereto if the disclosure is not contrary to the best
interests of the child, the child's siblings, or other
children in the household and other conditions are met.
Prescribes information to be disclosed.
LRB9002519SMcw
LRB9002519SMcw
1 AN ACT to amend the Abused and Neglected Child Reporting
2 Act by adding Section 11.1a.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Abused and Neglected Child Reporting Act
6 is amended by adding Section 11.1a as follows:
7 (325 ILCS 5/11.1a new)
8 Sec. 11.1a. Disclosure of information.
9 (a) The Director or his designee may disclose
10 information regarding the abuse or neglect of a child as set
11 forth in this Section, the investigation thereof, and any
12 services related thereto, if he or she determines that such
13 disclosure is not contrary to the best interests of the
14 child, the child's siblings, or other children in the
15 household, and one of the following factors are present:
16 (1) The subject of the report has been criminally
17 charged with committing a crime related to the child
18 abuse or neglect report; or
19 (2) A law enforcement agency or official, a State's
20 Attorney, or a judge of the State court system has
21 publicly disclosed in a report as part of his or her
22 official duty, information regarding the investigation of
23 a report or the provision of services by the Department;
24 or
25 (3) An adult subject of the report has knowingly
26 and voluntarily made a public disclosure concerning a Child
27 Abuse and Neglect Tracking System report; or
28 (4) The child named in the report has been
29 critically injured or died.
30 (b) Information may be disclosed pursuant to this
31 Section as follows:
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1 (1) The name of the alleged abused or neglected
2 child.
3 (2) The current status of the investigation,
4 including whether a determination of credible evidence
5 has been made.
6 (3) Identification of child protective or other
7 services provided or actions taken regarding the child
8 named in the report and his or her family as a result of
9 this report.
10 (4) Whether there have been past reports of child
11 abuse or neglect involving this child or family, or both.
12 Any such reports shall be clearly identified as being
13 "Indicated", "Unfounded", or "Pending".
14 (5) Whether the Department has a current or past
15 open service case with the family, and a history of what
16 types of services have been, or are being, provided.
17 (6) Any extraordinary or pertinent information
18 concerning the circumstances of the report, if the
19 Director determines such disclosure is consistent with
20 the public interest.
21 (c) Any disclosure of information pursuant to this
22 Section shall not identify the name of or provide identifying
23 information regarding the source of the report.
24 (d) In determining pursuant to subsection (a) of this
25 Section, whether disclosure will be contrary to the best
26 interests of the child, the child's siblings, or other
27 children in the household, the Director shall consider the
28 interest in privacy of the child and the child's family and
29 the effects which disclosure may have on efforts to reunite
30 and provide services to the family.
31 (e) Except as it applies directly to the cause of the
32 abuse or neglect of the child, nothing in this Section shall
33 be deemed to authorize the release or disclosure of the
34 substance or content of any psychological, psychiatric,
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1 therapeutic, clinical, or medical reports, evaluations, or
2 like materials pertaining to the child or the child's family.
3 Prior to the release or disclosure of any psychological,
4 psychiatric, or therapeutic reports pursuant to this
5 subsection, the Deputy Director of Clinical Services shall
6 review such materials and make recommendations regarding its
7 release.
8 (f) Regarding child abuse or neglect reports which occur
9 at a facility licensed by the Department of Children and
10 Family Services, only the following information may be
11 disclosed or released:
12 (1) The name of the facility.
13 (2) The nature of the allegations of abuse or
14 neglect.
15 (3) The number and ages of child victims involved,
16 and their relationship to the perpetrator.
17 (4) Actions the Department has taken to ensure the
18 safety of the children during and subsequent to the
19 investigation.
20 (5) The final finding status of the investigation.