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Sen. Julie A. Morrison
Adopted in Senate on Apr 12, 2018
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1 | | AMENDMENT TO SENATE BILL 293
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2 | | AMENDMENT NO. ______. Amend Senate Bill 293 by replacing |
3 | | everything after the enacting clause with the following:
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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 |
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1 | | of statistical and other information.
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2 | | The Department shall maintain in the central register a |
3 | | listing of unfounded
reports where the subject of the unfounded |
4 | | report requests that the record
not be expunged because the |
5 | | subject alleges an intentional false report
was made. Such a |
6 | | request must be made by the subject in writing to the
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7 | | Department, within 10 days of the investigation. By January 1, |
8 | | 2014, the Department shall promulgate rules establishing |
9 | | criteria and standards for labeling an unfounded report as an |
10 | | intentional false report in the central register. The rules |
11 | | shall permit the reporter to submit a statement regarding the |
12 | | report unless the reporter has been convicted of knowingly |
13 | | transmitting a false report to the Department under paragraph |
14 | | (7) of subsection (a) of Section 26-1 of the Criminal Code of |
15 | | 2012.
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16 | | The Department shall also maintain in the central register |
17 | | a listing of
unfounded reports where the report was classified |
18 | | as a priority one or priority
two report in accordance with the |
19 | | Department's rules or the report was made by
a person mandated |
20 | | to report suspected abuse or neglect under this Act.
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21 | | The Department shall maintain in the central register all |
22 | | unfounded reports for a minimum of 5 years following the date |
23 | | of the final finding. |
24 | | The Department shall maintain in the central register for 3 |
25 | | years a listing
of unfounded reports involving the death of a |
26 | | child, the sexual abuse of a
child, or serious physical injury |
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1 | | to a child as defined by the Department in
rules.
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2 | | If an individual is the subject of a subsequent |
3 | | investigation that is pending, the Department shall maintain |
4 | | all prior unfounded reports pertaining to that individual until |
5 | | the pending investigation has been completed or for 5 years 12 |
6 | | months , whichever time period ends later. |
7 | | The Department shall maintain all other unfounded reports |
8 | | for 12 months following the date of the final finding. |
9 | | For purposes of this Section "child abuse or neglect" |
10 | | includes abuse or neglect of an adult resident as defined in |
11 | | this Act. |
12 | | (Source: P.A. 97-333, eff. 8-12-11; 97-1089, eff. 8-24-12; |
13 | | 98-453, eff. 8-16-13.)".
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