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| 1 | AN ACT concerning children.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Abused and Neglected Child Reporting Act is | ||||||
| 5 | amended by changing Section 7.7 as follows:
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| 6 | (325 ILCS 5/7.7) (from Ch. 23, par. 2057.7)
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| 7 | Sec. 7.7.
There shall be a central register of all cases of | ||||||
| 8 | suspected
child abuse or neglect reported and maintained by the | ||||||
| 9 | Department under this
Act. Through the recording of initial, | ||||||
| 10 | preliminary, and final
reports, the central register shall be | ||||||
| 11 | operated in such a manner as to enable
the Department to: (1) | ||||||
| 12 | immediately identify and locate prior reports of
child abuse or | ||||||
| 13 | neglect; (2) continuously monitor the current status
of all | ||||||
| 14 | reports of child abuse or neglect being provided services under | ||||||
| 15 | this
Act; and (3) regularly evaluate the effectiveness of | ||||||
| 16 | existing laws and programs
through the development and analysis | ||||||
| 17 | of statistical and other information.
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| 18 | The Department shall maintain in the central register a | ||||||
| 19 | listing of unfounded
reports where the subject of the unfounded | ||||||
| 20 | report requests that the record
not be expunged because the | ||||||
| 21 | subject alleges an intentional false report
was made. Such a | ||||||
| 22 | request must be made by the subject in writing to the
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| 23 | Department, within 10 days of the investigation. By January 1, | ||||||
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| 1 | 2014, the Department shall promulgate rules establishing | ||||||
| 2 | criteria and standards for labeling an unfounded report as an | ||||||
| 3 | intentional false report in the central register. The rules | ||||||
| 4 | shall permit the reporter to submit a statement regarding the | ||||||
| 5 | report unless the reporter has been convicted of knowingly | ||||||
| 6 | transmitting a false report to the Department under paragraph | ||||||
| 7 | (7) of subsection (a) of Section 26-1 of the Criminal Code of | ||||||
| 8 | 2012.
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| 9 | The Department shall also maintain in the central register | ||||||
| 10 | a listing of
unfounded reports where the report was classified | ||||||
| 11 | as a priority one or priority
two report in accordance with the | ||||||
| 12 | Department's rules or the report was made by
a person mandated | ||||||
| 13 | to report suspected abuse or neglect under this Act.
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| 14 | The Department shall maintain in the central register all | ||||||
| 15 | unfounded reports for a minimum of 5 years following the date | ||||||
| 16 | of the final finding. | ||||||
| 17 | The Department shall maintain in the central register for 3 | ||||||
| 18 | years a listing
of unfounded reports involving the death of a | ||||||
| 19 | child, the sexual abuse of a
child, or serious physical injury | ||||||
| 20 | to a child as defined by the Department in
rules.
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| 21 | If an individual is the subject of a subsequent | ||||||
| 22 | investigation that is pending, the Department shall maintain | ||||||
| 23 | all prior unfounded reports pertaining to that individual until | ||||||
| 24 | the pending investigation has been completed or for 5 years 12 | ||||||
| 25 | months, whichever time period ends later. | ||||||
| 26 | The Department shall maintain all other unfounded reports | ||||||
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| 1 | for 12 months following the date of the final finding. | ||||||
| 2 | For purposes of this Section "child abuse or neglect" | ||||||
| 3 | includes abuse or neglect of an adult resident as defined in | ||||||
| 4 | this Act. | ||||||
| 5 | (Source: P.A. 97-333, eff. 8-12-11; 97-1089, eff. 8-24-12; | ||||||
| 6 | 98-453, eff. 8-16-13.)
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