94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0172


 
Introduced 1/11/2005, by Rep. Jim Watson
 
SYNOPSIS AS INTRODUCED:
 		














325 ILCS 5/7.14
  from Ch. 23, par. 2057.14







    Amends the Abused and Neglected Child Reporting Act. Provides that identifying
information in indicated reports involving the sexual abuse of a child, the
death of a child, or serious physical injury to a child must be retained after the report
is indicated or after the subsequent case or report is closed (instead of may be retained longer than 5 years after that time).
















LRB094 04161 DRJ 34183 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0172

LRB094 04161 DRJ 34183 b






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 5. The Abused and Neglected Child Reporting Act is 
5
amended  by changing Section 7.14 as follows:
 



6
    (325 ILCS 5/7.14)  (from Ch. 23, par. 2057.14)



7
    Sec. 7.14. All reports in the central register shall be 
8
classified in one
of three categories: "indicated", 
9
"unfounded" or "undetermined", as the
case may be.  After the 
10
report is classified, the person making the
classification 
11
shall determine whether the child named in the
report is the 
12
subject of an action under Article II of the Juvenile Court
Act 
13
of 1987.  If the child is the subject of an action under Article 
14
II of the
Juvenile Court Act, the Department shall transmit a 
15
copy of the report to
the guardian ad litem appointed for the 
16
child under Section 2-17 of the
Juvenile Court Act.  All 
17
information identifying the subjects of an unfounded
report 
18
shall be expunged from the register
forthwith, except as 
19
provided in Section 7.7.
Unfounded reports may only be made 
20
available to the Child
Protective Service Unit when 
21
investigating a subsequent report of suspected
abuse or 
22
maltreatment involving a child named in the unfounded report; 
23
and to
the subject of the report, provided that the subject 
24
requests the report within
60 days of being notified that the 
25
report was unfounded.  The Child Protective
Service Unit shall 
26
not indicate the subsequent report solely based upon the

27
existence of the prior unfounded report or reports.  
28
Notwithstanding any other
provision of law to the contrary, an 
29
unfounded report shall not be admissible
in any judicial or 
30
administrative proceeding or action.
Identifying information 
31
on all other records shall be
removed from the register no 
32
later than 5 years after the report is indicated.
However, if 
 


 






HB0172
- 2 -
LRB094 04161 DRJ 34183 b




1
another report is received involving the same child, his 
2
sibling
or offspring, or a child in the care of the persons 
3
responsible for the
child's welfare, or involving the same 
4
alleged offender, the
identifying
information may be 
5
maintained in the register
until 5 years after the subsequent 
6
case or report is closed.

7
    Notwithstanding any other provision of this Section, 
8
identifying
information in indicated reports involving the 
9
sexual abuse of a child, the
death of a child, or serious 
10
physical injury to a child as defined by the
Department in 
11
rules, must
may be retained longer than 5 years after the 
12
report
is indicated or after the subsequent case or report is 
13
closed, and may not
be removed from the register except as 
14
provided by the Department in rules.

15
(Source: P.A. 92-801, eff. 8-16-02.)