100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3168

 

Introduced , by Rep. Juliana Stratton

 

SYNOPSIS AS INTRODUCED:
 
325 ILCS 5/7.14  from Ch. 23, par. 2057.14
325 ILCS 5/7.16  from Ch. 23, par. 2057.16
325 ILCS 5/7.22
325 ILCS 5/11.1  from Ch. 23, par. 2061.1
705 ILCS 405/5-610

    Amends the Abused and Neglected Child Reporting Act. In a provision that requires the classification of all reports in the central register, provides that prior to classifying a report, the person making the classification shall determine whether the child named in the report is the subject of a juvenile delinquency action under the Juvenile Court Act of 1987 with an open placement or intact family services case with the Department of Children and Family Services or the subject of an abuse, neglect, or dependent minor action under the Juvenile Court Act of 1987. With regard to a report that the Department intends to classify as indicated, requires the Department to transmit a copy of the report with a written notice of the Department's intent to the child's attorney or appointed guardian ad litem within 45 days of the classification of the report. Sets forth similar notice requirements with regard to unfounded reports. Permits a person appointed under the Juvenile Court Act of 1987 as the guardian ad litem of a minor who has an open placement or intact family services case and who is the subject of a report or records made pursuant to the Act to have access to certain records concerning reports of child abuse and neglect. Amends the Juvenile Court Act of 1987. Provides that a guardian ad litem appointed under the Act for a minor with an open placement or intact family services case with the Department is entitled to receive copies of any and all classified reports of child abuse or neglect made pursuant to the Abused and Neglected Child Reporting Act.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3168LRB100 10198 KTG 20380 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Sections 7.14, 7.16, 7.22, and 11.1 as
6follows:
 
7    (325 ILCS 5/7.14)  (from Ch. 23, par. 2057.14)
8    Sec. 7.14. All reports in the central register shall be
9classified in one of three categories: "indicated",
10"unfounded" or "undetermined", as the case may be. Prior to
11classifying the report, the person making the classification
12shall determine whether the child named in the report is the
13subject of an action under Article V of the Juvenile Court Act
14of 1987 with an open placement or intact family services case
15with the Department or the subject of an action under Article
16II of the Juvenile Court Act of 1987. If the child is either
17the subject of an action under Article V of the Juvenile Court
18Act of 1987 with an open placement or intact family services
19case with the Department or the subject of an action under
20Article II of the Juvenile Court Act of 1987 and the Department
21intends to classify the report as indicated, the Department
22shall, within 45 days of classification of the report, transmit
23a copy of the report to the attorney or guardian ad litem

 

 

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1appointed for the child under Section 2-17 of the Juvenile
2Court Act of 1987 or to a guardian ad litem appointed under
3Section 5-610 of the Juvenile Court Act of 1987. If the child
4is either the subject of an action under Article V of the
5Juvenile Court Act of 1987 with an open placement or intact
6family services case with the Department or the subject of an
7action under Article II of the Juvenile Court Act of 1987 and
8the Department intends to classify the report as unfounded, the
9Department shall, within 45 days of deciding its intent to
10classify the report as unfounded, transmit a copy of the report
11and written notice of the Department's intent to the attorney
12or guardian ad litem appointed for the child under Section 2-17
13of the Juvenile Court Act of 1987, or to a guardian ad litem
14appointed under Section 5-610 of the Juvenile Court Act of
151987. All information identifying the subjects of an unfounded
16report shall be expunged from the register forthwith, except as
17provided in Section 7.7. Unfounded reports may only be made
18available to the Child Protective Service Unit when
19investigating a subsequent report of suspected abuse or
20maltreatment involving a child named in the unfounded report;
21and to the subject of the report, provided the Department has
22not expunged the file in accordance with Section 7.7. The Child
23Protective Service Unit shall not indicate the subsequent
24report solely based upon the existence of the prior unfounded
25report or reports. Notwithstanding any other provision of law
26to the contrary, an unfounded report shall not be admissible in

 

 

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1any judicial or administrative proceeding or action except for
2proceedings under Sections 2-10 and 2-21 of the Juvenile Court
3Act of 1987 involving a petition filed under Section 2-13 of
4the Juvenile Court Act of 1987 alleging abuse or neglect to the
5same child, a sibling of the child, or the same perpetrator.
6Identifying information on all other records shall be removed
7from the register no later than 5 years after the report is
8indicated. However, if another report is received involving the
9same child, his sibling or offspring, or a child in the care of
10the persons responsible for the child's welfare, or involving
11the same alleged offender, the identifying information may be
12maintained in the register until 5 years after the subsequent
13case or report is closed.
14    Notwithstanding any other provision of this Section,
15identifying information in indicated reports involving serious
16physical injury to a child as defined by the Department in
17rules, may be retained longer than 5 years after the report is
18indicated or after the subsequent case or report is closed, and
19may not be removed from the register except as provided by the
20Department in rules. Identifying information in indicated
21reports involving sexual penetration of a child, sexual
22molestation of a child, sexual exploitation of a child, torture
23of a child, or the death of a child, as defined by the
24Department in rules, shall be retained for a period of not less
25than 50 years after the report is indicated or after the
26subsequent case or report is closed.

 

 

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1    For purposes of this Section "child" includes an adult
2resident as defined in this Act.
3(Source: P.A. 98-453, eff. 8-16-13; 98-807, eff. 8-1-14; 99-78,
4eff. 7-20-15; 99-349, eff. 1-1-16.)
 
5    (325 ILCS 5/7.16)  (from Ch. 23, par. 2057.16)
6    Sec. 7.16. For any investigation or appeal initiated on or
7after, or pending on July 1, 1998, the following time frames
8shall apply. Within 60 days after the notification of the
9completion of the Child Protective Service Unit investigation,
10determined by the date of the notification sent by the
11Department, the perpetrator named in the notification may
12request the Department to amend the record or remove the record
13of the report from the register, except that the 60-day
14deadline for filing a request to amend the record or remove the
15record of the report from the State Central Register shall be
16tolled until after the conclusion of any criminal court action
17in the circuit court or after adjudication in any juvenile
18court action concerning the circumstances that give rise to an
19indicated report. Such request shall be in writing and directed
20to such person as the Department designates in the notification
21letter notifying the perpetrator of the indicated finding. The
22perpetrator shall have the right to a timely hearing within the
23Department to determine whether the record of the report should
24be amended or removed on the grounds that it is inaccurate or
25it is being maintained in a manner inconsistent with this Act,

 

 

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1except that there shall be no such right to a hearing on the
2ground of the report's inaccuracy if there has been a court
3finding of child abuse or neglect or a criminal finding of
4guilt as to the perpetrator. Such hearing shall be held within
5a reasonable time after the perpetrator's request and at a
6reasonable place and hour. The appropriate Child Protective
7Service Unit shall be given notice of the hearing. If the
8minor, who is the victim named in the report sought to be
9amended or removed from the State Central Register, is the
10subject of a pending action under Article V of the Juvenile
11Court Act of 1987 with an open placement or intact family
12services case with the Department or Article II of the Juvenile
13Court Act of 1987, and the report was made while a guardian ad
14litem was appointed for the minor under Section 5-610 or 2-17
15of the Juvenile Court Act of 1987, then the minor shall,
16through the minor's attorney or guardian ad litem appointed
17under Section 5-610 or 2-17 of the Juvenile Court Act of 1987,
18have the right to participate and be heard in such hearing as
19defined under the Department's rules. In such hearings, the
20burden of proving the accuracy and consistency of the record
21shall be on the Department and the appropriate Child Protective
22Service Unit. The hearing shall be conducted by the Director or
23his designee, who is hereby authorized and empowered to order
24the amendment or removal of the record to make it accurate and
25consistent with this Act. The decision shall be made, in
26writing, at the close of the hearing, or within 60 days

 

 

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1thereof, and shall state the reasons upon which it is based.
2Decisions of the Department under this Section are
3administrative decisions subject to judicial review under the
4Administrative Review Law.
5    Should the Department grant the request of the perpetrator
6pursuant to this Section either on administrative review or
7after an administrative hearing to amend an indicated report to
8an unfounded report, the report shall be released and expunged
9in accordance with the standards set forth in Section 7.14 of
10this Act.
11(Source: P.A. 98-453, eff. 8-16-13; 98-487, eff. 1-1-14;
1298-756, eff. 7-16-14.)
 
13    (325 ILCS 5/7.22)
14    Sec. 7.22. Reviews of unfounded reports.
15    (a) Whenever the Department determines that a reported
16incident of child abuse or neglect will be "unfounded", the
17Department shall forward a copy of the report and written
18notice of the Department's intent to classify the report as
19unfounded to a guardian ad litem appointed under Section 5-610
20of the Juvenile Court Act of 1987 for a minor with an open
21placement or intact family services case with the Department or
22to the minor's attorney or guardian ad litem appointed under
23Section 2-17 of the Juvenile Court Act of 1987. The minor's
24attorney or guardian ad litem may request a review of the
25investigation within 10 days of receipt of the report and

 

 

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1written notice of the Department's intent to classify the
2report as unfounded, as provided in Section 7.14 of this Act,
3if the subject of the report is also the minor for whom the
4attorney or guardian ad litem has been appointed.
5    (b) Reviews requested under subsection (a) may be requested
6by sending a request via U.S. Mail, postmarked within 10 days
7after notice of the Department's intent to classify the report
8as unfounded, or by faxing a request within 10 days after
9notice of the Department's intent to classify the report as
10unfounded. The date of notification of the Department's intent
11to classify the report as unfounded is the date the attorney or
12guardian ad litem received a copy of the report and written
13notice from the Department. Following the review, the
14Department shall inform the minor's attorney or guardian ad
15litem as to whether the report will be classified as indicated
16or unfounded. The minor's attorney or guardian ad litem shall
17also receive a final finding notice from the State Central
18Register.
19    (c) By January 1, 2014, the Department shall promulgate
20rules addressing reviews requested under subsection (a). The
21rules shall provide that a review requested under subsection
22(a) must occur before the report is classified and a final
23finding is entered in the central register and that the review
24must be conducted by a Department employee outside the
25supervisory chain of the assigned investigator.
26(Source: P.A. 98-453, eff. 8-16-13; 98-807, eff. 8-1-14.)
 

 

 

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1    (325 ILCS 5/11.1)  (from Ch. 23, par. 2061.1)
2    Sec. 11.1. Access to records.
3    (a) A person shall have access to the records described in
4Section 11 only in furtherance of purposes directly connected
5with the administration of this Act or the Intergovernmental
6Missing Child Recovery Act of 1984. Those persons and purposes
7for 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 administering
21    the provisions of the Intergovernmental Missing Child
22    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 to

 

 

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1    place a child in temporary protective custody when such
2    person requires the information in the report or record to
3    determine whether to place the child in temporary
4    protective custody.
5        (6) A person having the legal responsibility or
6    authorization to care for, treat, or supervise a child, or
7    a parent, prospective adoptive parent, foster parent,
8    guardian, or other person responsible for the child's
9    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 the
12    report, and if the subject of the report is a minor, his
13    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 issue
16    before such court; however, such access shall be limited to
17    in camera inspection, unless the court determines that
18    public disclosure of the information contained therein is
19    necessary for the resolution of an issue then pending
20    before it.
21        (8.1) A probation officer or other authorized
22    representative of a probation or court services department
23    conducting an investigation ordered by a court under the
24    Juvenile Court Act of l987.
25        (9) A grand jury, upon its determination that access to
26    such records is necessary in the conduct of its official

 

 

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1    business.
2        (10) Any person authorized by the Director, in writing,
3    for audit or bona fide research purposes.
4        (11) Law enforcement agencies, coroners or medical
5    examiners, physicians, courts, school superintendents and
6    child welfare agencies in other states who are responsible
7    for child abuse or neglect investigations or background
8    investigations.
9        (12) The Department of Professional Regulation, the
10    State Board of Education and school superintendents in
11    Illinois, who may use or disclose information from the
12    records as they deem necessary to conduct investigations or
13    take disciplinary action, as provided by law.
14        (13) A coroner or medical examiner who has reason to
15    believe that a child has died as the result of abuse or
16    neglect.
17        (14) The Director of a State-operated facility when an
18    employee of that facility is the perpetrator in an
19    indicated report.
20        (15) The operator of a licensed child care facility or
21    a facility licensed by the Department of Human Services (as
22    successor to the Department of Alcoholism and Substance
23    Abuse) in which children reside when a current or
24    prospective employee of that facility is the perpetrator in
25    an indicated child abuse or neglect report, pursuant to
26    Section 4.3 of the Child Care Act of 1969.

 

 

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1        (16) Members of a multidisciplinary team in the
2    furtherance of its responsibilities under subsection (b)
3    of Section 7.1. All reports concerning child abuse and
4    neglect made available to members of such
5    multidisciplinary teams and all records generated as a
6    result of such reports shall be confidential and shall not
7    be disclosed, except as specifically authorized by this Act
8    or other applicable law. It is a Class A misdemeanor to
9    permit, assist or encourage the unauthorized release of any
10    information contained in such reports or records. Nothing
11    contained in this Section prevents the sharing of reports
12    or records relating or pertaining to the death of a minor
13    under the care of or receiving services from the Department
14    of Children and Family Services and under the jurisdiction
15    of the juvenile court with the juvenile court, the State's
16    Attorney, and the minor's attorney.
17        (17) The Department of Human Services, as provided in
18    Section 17 of the Rehabilitation of Persons with
19    Disabilities Act.
20        (18) Any other agency or investigative body, including
21    the Department of Public Health and a local board of
22    health, authorized by State law to conduct an investigation
23    into the quality of care provided to children in hospitals
24    and other State regulated care facilities. The access to
25    and release of information from such records shall be
26    subject to the approval of the Director of the Department

 

 

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1    or his designee.
2        (19) The person appointed, under Section 2-17 of the
3    Juvenile Court Act of 1987, as the guardian ad litem of a
4    minor who is the subject of a report or records under this
5    Act; or the person appointed, under Section 5-610 of the
6    Juvenile Court Act of 1987, as the guardian ad litem of a
7    minor who has an open placement or intact family services
8    case with the Department and who is the subject of a report
9    or records made pursuant to this Act.
10        (20) The Department of Human Services, as provided in
11    Section 10 of the Early Intervention Services System Act,
12    and the operator of a facility providing early intervention
13    services pursuant to that Act, for the purpose of
14    determining whether a current or prospective employee who
15    provides or may provide direct services under that Act is
16    the perpetrator in an indicated report of child abuse or
17    neglect filed under this Act.
18    (b) Nothing contained in this Act prevents the sharing or
19disclosure of information or records relating or pertaining to
20juveniles subject to the provisions of the Serious Habitual
21Offender Comprehensive Action Program when that information is
22used to assist in the early identification and treatment of
23habitual juvenile offenders.
24    (c) To the extent that persons or agencies are given access
25to information pursuant to this Section, those persons or
26agencies may give this information to and receive this

 

 

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1information from each other in order to facilitate an
2investigation conducted by those persons or agencies.
3(Source: P.A. 99-143, eff. 7-27-15.)
 
4    Section 10. The Juvenile Court Act of 1987 is amended by
5changing Section 5-610 as follows:
 
6    (705 ILCS 405/5-610)
7    Sec. 5-610. Guardian ad litem and appointment of attorney.
8    (1) The court may appoint a guardian ad litem for the minor
9whenever it finds that there may be a conflict of interest
10between the minor and his or her parent, guardian or legal
11custodian or that it is otherwise in the minor's interest to do
12so.
13    (2) Unless the guardian ad litem is an attorney, he or she
14shall be represented by counsel.
15    (3) The reasonable fees of a guardian ad litem appointed
16under this Section shall be fixed by the court and charged to
17the parents of the minor, to the extent they are able to pay.
18If the parents are unable to pay those fees, they shall be paid
19from the general fund of the county.
20    (4) If, during the court proceedings, the parents,
21guardian, or legal custodian prove that he or she has an actual
22conflict of interest with the minor in that delinquency
23proceeding and that the parents, guardian, or legal custodian
24are indigent, the court shall appoint a separate attorney for

 

 

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1that parent, guardian, or legal custodian.
2    (5) A guardian ad litem appointed under this Section for a
3minor with an open placement or intact family services case
4with the Department of Children and Family Services is entitled
5to receive copies of any and all classified reports of child
6abuse or neglect made pursuant to the Abused and Neglected
7Child Reporting Act in which the minor, who is the subject of
8the report under the Abused and Neglected Child Reporting Act,
9is also a minor for whom the guardian ad litem is appointed
10under this Act.
11(Source: P.A. 90-590, eff. 1-1-99.)