093_HB2848enr HB2848 Enrolled LRB093 07152 DRJ 07307 b 1 AN ACT in relation to children. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 3. The Abused and Neglected Child Reporting Act 5 is amended by changing Section 11.1 as follows: 6 (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1) 7 Sec. 11.1. Access to records. 8 (a) A person shall have access to the records described 9 in Section 11 only in furtherance of purposes directly 10 connected with the administration of this Act or the 11 Intergovernmental Missing Child Recovery Act of 1984. Those 12 persons and purposes for access include: 13 (1) Department staff in the furtherance of their 14 responsibilities under this Act, or for the purpose of 15 completing background investigations on persons or 16 agencies licensed by the Department or with whom the 17 Department contracts for the provision of child welfare 18 services. 19 (2) A law enforcement agency investigating known or 20 suspected child abuse or neglect, known or suspected 21 involvement with child pornography, known or suspected 22 criminal sexual assault, known or suspected criminal 23 sexual abuse, or any other sexual offense when a child is 24 alleged to be involved. 25 (3) The Department of State Police when 26 administering the provisions of the Intergovernmental 27 Missing Child Recovery Act of 1984. 28 (4) A physician who has before him a child whom he 29 reasonably suspects may be abused or neglected. 30 (5) A person authorized under Section 5 of this Act 31 to place a child in temporary protective custody when HB2848 Enrolled -2- LRB093 07152 DRJ 07307 b 1 such person requires the information in the report or 2 record to determine whether to place the child in 3 temporary protective custody. 4 (6) A person having the legal responsibility or 5 authorization to care for, treat, or supervise a child or 6 a parent, guardian, or other person responsible for the 7 child's welfare who is the subject of a report. 8 (7) Except in regard to harmful or detrimental 9 information as provided in Section 7.19, any subject of 10 the report, and if the subject of the report is a minor, 11 his guardian or guardian ad litem. 12 (8) A court, upon its finding that access to such 13 records may be necessary for the determination of an 14 issue before such court; however, such access shall be 15 limited to in camera inspection, unless the court 16 determines that public disclosure of the information 17 contained therein is necessary for the resolution of an 18 issue then pending before it. 19 (8.1) A probation officer or other authorized 20 representative of a probation or court services 21 department conducting an investigation ordered by a court 22 under the Juvenile Court Act of l987. 23 (9) A grand jury, upon its determination that 24 access to such records is necessary in the conduct of its 25 official business. 26 (10) Any person authorized by the Director, in 27 writing, for audit or bona fide research purposes. 28 (11) Law enforcement agencies, coroners or medical 29 examiners, physicians, courts, school superintendents and 30 child welfare agencies in other states who are 31 responsible for child abuse or neglect investigations or 32 background investigations. 33 (12) The Department of Professional Regulation, the 34 State Board of Education and school superintendents in HB2848 Enrolled -3- LRB093 07152 DRJ 07307 b 1 Illinois, who may use or disclose information from the 2 records as they deem necessary to conduct investigations 3 or take disciplinary action, as provided by law. 4 (13) A coroner or medical examiner who has reason 5 to believe that a child has died as the result of abuse 6 or neglect. 7 (14) The Director of a State-operated facility when 8 an employee of that facility is the perpetrator in an 9 indicated report. 10 (15) The operator of a licensed child care facility 11 or a facility licensed by the Department of Human 12 Services (as successor to the Department of Alcoholism 13 and Substance Abuse) in which children reside when a 14 current or prospective employee of that facility is the 15 perpetrator in an indicated child abuse or neglect 16 report, pursuant to Section 4.3 of the Child Care Act of 17 1969. 18 (16) Members of a multidisciplinary team in the 19 furtherance of its responsibilities under subsection (b) 20 of Section 7.1. All reports concerning child abuse and 21 neglect made available to members of such 22 multidisciplinary teams and all records generated as a 23 result of such reports shall be confidential and shall 24 not be disclosed, except as specifically authorized by 25 this Act or other applicable law. It is a Class A 26 misdemeanor to permit, assist or encourage the 27 unauthorized release of any information contained in such 28 reports or records. Nothing contained in this Section 29 prevents the sharing of reports or records relating or 30 pertaining to the death of a minor under the care of or 31 receiving services from the Department of Children and 32 Family Services and under the jurisdiction of the 33 juvenile court with the juvenile court, the State's 34 Attorney, and the minor's attorney. HB2848 Enrolled -4- LRB093 07152 DRJ 07307 b 1 (17) The Department of Human Services, as provided 2 in Section 17 of the Disabled Persons Rehabilitation Act. 3 (18) Any other agency or investigative body, 4 including the Department of Public Health and a local 5 board of health, authorized by State law to conduct an 6 investigation into the quality of care provided to 7 children in hospitals and other State regulated care 8 facilities. The access to and release of information 9 from such records shall be subject to the approval of the 10 Director of the Department or his designee. 11 (19) The person appointed, under Section 2-17 of 12 the Juvenile Court Act of 1987, as the guardian ad litem 13 of a minor who is the subject of a report or records 14 under this Act. 15 (20) The Department of Human Services, as provided 16 in Section 10 of the Early Intervention Services System 17 Act, and the operator of a facility providing early 18 intervention services pursuant to that Act, for the 19 purpose of determining whether a current or prospective 20 employee who provides or may provide direct services 21 under that Act is the perpetrator in an indicated report 22 of child abuse or neglect filed under this Act. 23 (b) Nothing contained in this Act prevents the sharing 24 or disclosure of information or records relating or 25 pertaining to juveniles subject to the provisions of the 26 Serious Habitual Offender Comprehensive Action Program when 27 that information is used to assist in the early 28 identification and treatment of habitual juvenile offenders. 29 (c) To the extent that persons or agencies are given 30 access to information pursuant to this Section, those persons 31 or agencies may give this information to and receive this 32 information from each other in order to facilitate an 33 investigation conducted by those persons or agencies. 34 (Source: P.A. 90-15, eff. 6-13-97; 91-357, eff. 7-29-99.) HB2848 Enrolled -5- LRB093 07152 DRJ 07307 b 1 Section 5. The Early Intervention Services System Act is 2 amended by changing Sections 10 and 13.32 as follows: 3 (325 ILCS 20/10) (from Ch. 23, par. 4160) 4 Sec. 10. Standards. The Council and the lead agency, 5 with assistance from parents and providers, shall develop and 6 promulgate policies and procedures relating to the 7 establishment and implementation of program and personnel 8 standards to ensure that services provided are consistent 9 with any State-approved or recognized certification, 10 licensing, registration, or other comparable requirements 11 which apply to the area of early intervention program service 12 standards. Only State-approved public or private early 13 intervention service providers shall be eligible to receive 14 State and federal funding for early intervention services. 15 All early childhood intervention staff shall hold the highest 16 entry requirement necessary for that position. 17 To be a State-approved early intervention service 18 provider, an individual (i) shall not have served or 19 completed, within the preceding 5 years, a sentence for 20 conviction of any felony that the Department establishes by 21 rule and (ii) shall not have been indicated as a perpetrator 22 of child abuse or neglect, within the preceding 5 years, in 23 an investigation by Illinois (pursuant to the Abused and 24 Neglected Child Reporting Act) or another state. The 25 Department is authorized to receive criminal background 26 checks for such providers and persons applying to be such a 27 provider and to receive child abuse and neglect reports 28 regarding indicated perpetrators who are applying to provide 29 or currently authorized to provide early intervention 30 services in Illinois. Beginning January 1, 2004, every 31 provider of State-approved early intervention services and 32 every applicant to provide such services must authorize, in 33 writing and in the form required by the Department, a HB2848 Enrolled -6- LRB093 07152 DRJ 07307 b 1 criminal background check and check of child abuse and 2 neglect reports regarding the provider or applicant as a 3 condition of authorization to provide early intervention 4 services. The Department shall use the results of the checks 5 only to determine State approval of the early intervention 6 service provider and shall not re-release the information 7 except as necessary to accomplish that purpose. 8 (Source: P.A. 87-680; 87-847.) 9 (325 ILCS 20/13.32) 10 Sec. 13.32. Contracting. The lead agency may enter into 11 contracts for some or all of its responsibilities under this 12 Act, including but not limited to, credentialing and 13 enrolling providers; training under Section 13.30; 14 maintaining a central billing office; data collection and 15 analysis; establishing and maintaining a computerized case 16 management system accessible to local referral offices and 17 providers; creating and maintaining a system for provider 18 credentialing and enrollment; creating and maintaining the 19 central directory required under subsection (g) of Section 7 20 of this Act; and program operations. If contracted, the 21 contract shall be subject to a public request for proposals 22 as described in the Illinois Procurement Code, 23 notwithstanding any exemptions or alternative processes that 24 may be allowed for such a contract under that Code, and, in 25 addition to the posting requirements under that Code, shall 26 be posted on the early intervention website maintained by the 27 lead agency during the entire bid period. With the exception 28 of contracts with or grants to regional intake entities, any 29 of these listed responsibilities currently under contract or 30 grant that have not met these requirements shall be subject 31 to public bid under this request for proposal process no 32 later than July 1, 2002 or the date of termination of any 33 contract in place. Contracts with or grants to regional HB2848 Enrolled -7- LRB093 07152 DRJ 07307 b 1 intake entities must be made subject to public bid under a 2 request for proposals process no later than July 1, 2005. 3 (Source: P.A. 92-307, eff. 8-9-01.)