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90_SB1384eng
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
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1 AN ACT concerning children.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 2. The Illinois Public Aid Code is amended by
5 adding Sections 9A-11.5 and 12-4.7d as follows:
6 (305 ILCS 5/9A-11.5 new)
7 Sec. 9A-11.5. Investigate child care providers. Any
8 child care provider receiving funds from the child care
9 assistance program under this Code who is not required to be
10 licensed under the Child Care Act of 1969 shall, as a
11 condition of eligibility to participate in the child care
12 assistance program under this Code, authorize in writing on a
13 form prescribed by the Department of Children and Family
14 Services, an investigation of the Central Register, as
15 defined in the Abused and Neglected Child Reporting Act, to
16 ascertain if the child care provider has been determined to
17 be a perpetrator in an indicated report of child abuse or
18 neglect.
19 The Department of Children and Family Services shall
20 conduct an investigation of the Central Register at the
21 request of the Department. The Department shall request the
22 Department of Children and Family Services to conduct an
23 investigation of the Central Register. The Department shall
24 by rule determine when payment to an unlicensed child care
25 provider may be withheld if there is an indicated finding
26 against the provider in the Central Register.
27 (305 ILCS 5/12-4.7d new)
28 Sec. 12-4.7d. Interagency agreement regarding
29 investigation of child care providers. The Department shall
30 enter into a written agreement with the Department of
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1 Children and Family Services which shall provide for
2 interagency procedures regarding requests by the Department
3 that the Department of Children and Family Services conduct
4 an investigation of the Central Register, as defined in the
5 Abused and Neglected Child Reporting Act, to ascertain if a
6 child care provider who is not required to be licensed under
7 the Child Care Act of 1969 and who is participating in the
8 child care assistance program under this Code has been
9 determined to be a perpetrator in an indicated report of
10 child abuse or neglect.
11 Section 5. The Abused and Neglected Child Reporting Act
12 is amended by changing Section 3 as follows:
13 (325 ILCS 5/3) (from Ch. 23, par. 2053)
14 Sec. 3. As used in this Act unless the context otherwise
15 requires:
16 "Child" means any person under the age of 18 years,
17 unless legally emancipated by reason of marriage or entry
18 into a branch of the United States armed services.
19 "Department" means Department of Children and Family
20 Services.
21 "Local law enforcement agency" means the police of a
22 city, town, village or other incorporated area or the sheriff
23 of an unincorporated area or any sworn officer of the
24 Illinois Department of State Police.
25 "Abused child" means a child whose parent or immediate
26 family member, or any person responsible for the child's
27 welfare, or any individual residing in the same home as the
28 child, or a paramour of the child's parent:
29 a. inflicts, causes to be inflicted, or allows to
30 be inflicted upon such child physical injury, by other
31 than accidental means, which causes death, disfigurement,
32 impairment of physical or emotional health, or loss or
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1 impairment of any bodily function;
2 b. creates a substantial risk of physical injury to
3 such child by other than accidental means which would be
4 likely to cause death, disfigurement, impairment of
5 physical or emotional health, or loss or impairment of
6 any bodily function;
7 c. commits or allows to be committed any sex
8 offense against such child, as such sex offenses are
9 defined in the Criminal Code of 1961, as amended, and
10 extending those definitions of sex offenses to include
11 children under 18 years of age;
12 d. commits or allows to be committed an act or acts
13 of torture upon such child; or
14 e. inflicts excessive corporal punishment; or.
15 f. commits or allows to be committed the offense of
16 female genital mutilation, as defined in Section 12-34 of
17 the Criminal Code of 1961, against the child.
18 "Neglected child" means any child who is not receiving
19 the proper or necessary nourishment or medically indicated
20 treatment including food or care not provided solely on the
21 basis of the present or anticipated mental or physical
22 impairment as determined by a physician acting alone or in
23 consultation with other physicians or otherwise is not
24 receiving the proper or necessary support or medical or other
25 remedial care recognized under State law as necessary for a
26 child's well-being, or other care necessary for his or her
27 well-being, including adequate food, clothing and shelter; or
28 who is abandoned by his or her parents or other person
29 responsible for the child's welfare without a proper plan of
30 care; or who is a newborn infant whose blood, urine, or
31 meconium contains any amount of a controlled substance as
32 defined in subsection (f) of Section 102 of the Illinois
33 Controlled Substances Act or a metabolite thereof, with the
34 exception of a controlled substance or metabolite thereof
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1 whose presence in the newborn infant is the result of medical
2 treatment administered to the mother or the newborn infant. A
3 child shall not be considered neglected for the sole reason
4 that the child's parent or other person responsible for his
5 or her welfare has left the child in the care of an adult
6 relative for any period of time. A child shall not be
7 considered neglected or abused for the sole reason that such
8 child's parent or other person responsible for his or her
9 welfare depends upon spiritual means through prayer alone for
10 the treatment or cure of disease or remedial care as provided
11 under Section 4 of this Act. A child shall not be considered
12 neglected or abused solely because the child is not attending
13 school in accordance with the requirements of Article 26 of
14 The School Code, as amended.
15 "Child Protective Service Unit" means certain specialized
16 State employees of the Department assigned by the Director to
17 perform the duties and responsibilities as provided under
18 Section 7.2 of this Act.
19 "Person responsible for the child's welfare" means the
20 child's parent; guardian; foster parent; relative caregiver;
21 any person responsible for the child's welfare in a public or
22 private residential agency or institution; any person
23 responsible for the child's welfare within a public or
24 private profit or not for profit child care facility; or any
25 other person responsible for the child's welfare at the time
26 of the alleged abuse or neglect, or any person who came to
27 know the child through an official capacity or position of
28 trust, including but not limited to health care
29 professionals, educational personnel, recreational
30 supervisors, and volunteers or support personnel in any
31 setting where children may be subject to abuse or neglect.
32 "Temporary protective custody" means custody within a
33 hospital or other medical facility or a place previously
34 designated for such custody by the Department, subject to
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1 review by the Court, including a licensed foster home, group
2 home, or other institution; but such place shall not be a
3 jail or other place for the detention of criminal or juvenile
4 offenders.
5 "An unfounded report" means any report made under this
6 Act for which it is determined after an investigation that no
7 credible evidence of abuse or neglect exists.
8 "An indicated report" means a report made under this Act
9 if an investigation determines that credible evidence of the
10 alleged abuse or neglect exists.
11 "An undetermined report" means any report made under this
12 Act in which it was not possible to initiate or complete an
13 investigation on the basis of information provided to the
14 Department.
15 "Subject of report" means any child reported to the
16 central register of child abuse and neglect established under
17 Section 7.7 of this Act and his or her parent, guardian or
18 other person responsible who is also named in the report.
19 "Perpetrator" means a person who, as a result of
20 investigation, has been determined by the Department to have
21 caused child abuse or neglect.
22 (Source: P.A. 89-21, eff. 7-1-95; 90-239, eff. 7-28-97.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.