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[ Senate Amendment 002 ] |
90_SB1384 325 ILCS 5/7.14 from Ch. 23, par. 2057.14 Amends the Abused Neglected Child Reporting Act. Provides that all reports of abused or neglected children maintained in the central register, whether classified as indicated, unfounded, or undetermined shall be maintained for 25 years, removing provisions that, with some exceptions, all unfounded reports be expunged, and, with some exceptions, all indicated reports be kept for 5 years. LRB9008905SMdv LRB9008905SMdv 1 AN ACT to amend the Abused and Neglected Child Reporting 2 Act by changing Section 7.14. 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 changing Section 7.14 as follows: 7 (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14) 8 Sec. 7.14. All reports in the central register shall be 9 classified in one of three categories: "indicated", 10 "unfounded" or "undetermined", as the case may be. After the 11 report is classified, the person making the classification 12 shall determine whether the child named in the report is the 13 subject of an action under Article II of the Juvenile Court 14 Act of 1987. If the child is the subject of an action under 15 Article II of the Juvenile Court Act, the Department shall 16 transmit a copy of the report to the guardian ad litem 17 appointed for the child under Section 2-17 of the Juvenile 18 Court Act.All information identifying the subjects of an19unfounded report shall be expunged from the register20forthwith, except as provided in Section 7.7.Unfounded 21 reports may only be made available to the Child Protective 22 Service Unit when investigating a subsequent report of 23 suspected abuse or maltreatment involving a child named in 24 the unfounded report; and to the subject of the report, 25 provided that the subject requests the report within 60 days 26 of being notified that the report was unfounded. The Child 27 Protective Service Unit shall not indicate the subsequent 28 report solely based upon the existence of the prior unfounded 29 report or reports. Notwithstanding any other provision of 30 law to the contrary, an unfounded report shall not be 31 admissible in any judicial or administrative proceeding or -2- LRB9008905SMdv 1 action. All reports of abused or neglected children 2 maintained in the central register, whether classified as 3 indicated, unfounded, or undetermined shall be maintained for 4 25 years.Identifying information on all other records shall5be removed from the register no later than 5 years after the6report is indicated. However, if another report is received7involving the same child, his sibling or offspring, or a8child in the care of the persons responsible for the child's9welfare, the identifying information may be maintained in the10register until 5 years after the subsequent case or report is11closed.12Notwithstanding any other provision of this Section,13identifying information in indicated reports involving the14sexual abuse of a child, the death of a child, or serious15physical injury to a child as defined by the Department in16rules, may be retained longer than 5 years after the report17is indicated or after the subsequent case or report is18closed, and may not be removed from the register except as19provided by the Department in rules.20 (Source: P.A. 90-15, eff. 6-13-97.)