Rep. Stephanie A. Kifowit

Filed: 3/5/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 831

2    AMENDMENT NO. ______. Amend House Bill 831 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Sections 7.4, 7.8, and 11.1 and by adding
6Section 4.4c as follows:
 
7    (325 ILCS 5/4.4c new)
8    Sec. 4.4c. Duty to notify the Directors of Public Health
9and Healthcare and Family Services. Whenever the Department
10receives, by means of its statewide toll-free telephone number
11established under Section 7.6 for the purpose of reporting
12suspected child abuse or neglect or by any other means or from
13any mandated reporter under Section 4, a report of suspected
14abuse or neglect of a child and the child is alleged to have
15been abused or neglected while receiving care in a hospital,
16including a freestanding psychiatric hospital licensed by the

 

 

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1Department of Public Health, the Department shall notify the
2Director of Public Health and the Director of Healthcare and
3Family Services of the report.
 
4    (325 ILCS 5/7.4)  (from Ch. 23, par. 2057.4)
5    Sec. 7.4. (a) The Department shall be capable of receiving
6reports of suspected child abuse or neglect 24 hours a day, 7
7days a week. Whenever the Department receives a report alleging
8that a child is a truant as defined in Section 26-2a of the
9School Code, as now or hereafter amended, the Department shall
10notify the superintendent of the school district in which the
11child resides and the appropriate superintendent of the
12educational service region. The notification to the
13appropriate officials by the Department shall not be considered
14an allegation of abuse or neglect under this Act.
15    (a-5) The Department of Children and Family Services may
16implement a "differential response program" in accordance with
17criteria, standards, and procedures prescribed by rule. The
18program may provide that, upon receiving a report, the
19Department shall determine whether to conduct a family
20assessment or an investigation as appropriate to prevent or
21provide a remedy for child abuse or neglect.
22    For purposes of this subsection (a-5), "family assessment"
23means a comprehensive assessment of child safety, risk of
24subsequent child maltreatment, and family strengths and needs
25that is applied to a child maltreatment report that does not

 

 

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1allege substantial child endangerment. "Family assessment"
2does not include a determination as to whether child
3maltreatment occurred but does determine the need for services
4to address the safety of family members and the risk of
5subsequent maltreatment.
6    For purposes of this subsection (a-5), "investigation"
7means fact-gathering related to the current safety of a child
8and the risk of subsequent abuse or neglect that determines
9whether a report of suspected child abuse or neglect should be
10indicated or unfounded and whether child protective services
11are needed.
12    Under the "differential response program" implemented
13under this subsection (a-5), the Department:
14        (1) Shall conduct an investigation on reports
15    involving substantial child abuse or neglect.
16        (2) Shall begin an immediate investigation if, at any
17    time when it is using a family assessment response, it
18    determines that there is reason to believe that substantial
19    child abuse or neglect or a serious threat to the child's
20    safety exists.
21        (3) May conduct a family assessment for reports that do
22    not allege substantial child endangerment. In determining
23    that a family assessment is appropriate, the Department may
24    consider issues, including, but not limited to, child
25    safety, parental cooperation, and the need for an immediate
26    response.

 

 

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1        (4) Shall promulgate criteria, standards, and
2    procedures that shall be applied in making this
3    determination, taking into consideration the Child
4    Endangerment Risk Assessment Protocol of the Department.
5        (5) May conduct a family assessment on a report that
6    was initially screened and assigned for an investigation.
7    In determining that a complete investigation is not
8required, the Department must document the reason for
9terminating the investigation and notify the local law
10enforcement agency or the Department of State Police if the
11local law enforcement agency or Department of State Police is
12conducting a joint investigation.
13    Once it is determined that a "family assessment" will be
14implemented, the case shall not be reported to the central
15register of abuse and neglect reports.
16    During a family assessment, the Department shall collect
17any available and relevant information to determine child
18safety, risk of subsequent abuse or neglect, and family
19strengths.
20    Information collected includes, but is not limited to, when
21relevant: information with regard to the person reporting the
22alleged abuse or neglect, including the nature of the
23reporter's relationship to the child and to the alleged
24offender, and the basis of the reporter's knowledge for the
25report; the child allegedly being abused or neglected; the
26alleged offender; the child's caretaker; and other collateral

 

 

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1sources having relevant information related to the alleged
2abuse or neglect. Information relevant to the assessment must
3be asked for, and may include:
4        (A) The child's sex and age, prior reports of abuse or
5    neglect, information relating to developmental
6    functioning, credibility of the child's statement, and
7    whether the information provided under this paragraph (A)
8    is consistent with other information collected during the
9    course of the assessment or investigation.
10        (B) The alleged offender's age, a record check for
11    prior reports of abuse or neglect, and criminal charges and
12    convictions. The alleged offender may submit supporting
13    documentation relevant to the assessment.
14        (C) Collateral source information regarding the
15    alleged abuse or neglect and care of the child. Collateral
16    information includes, when relevant: (i) a medical
17    examination of the child; (ii) prior medical records
18    relating to the alleged maltreatment or care of the child
19    maintained by any facility, clinic, or health care
20    professional, and an interview with the treating
21    professionals; and (iii) interviews with the child's
22    caretakers, including the child's parent, guardian, foster
23    parent, child care provider, teachers, counselors, family
24    members, relatives, and other persons who may have
25    knowledge regarding the alleged maltreatment and the care
26    of the child.

 

 

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1        (D) Information on the existence of domestic abuse and
2    violence in the home of the child, and substance abuse.
3    Nothing in this subsection (a-5) precludes the Department
4from collecting other relevant information necessary to
5conduct the assessment or investigation. Nothing in this
6subsection (a-5) shall be construed to allow the name or
7identity of a reporter to be disclosed in violation of the
8protections afforded under Section 7.19 of this Act.
9    After conducting the family assessment, the Department
10shall determine whether services are needed to address the
11safety of the child and other family members and the risk of
12subsequent abuse or neglect.
13    Upon completion of the family assessment, if the Department
14concludes that no services shall be offered, then the case
15shall be closed. If the Department concludes that services
16shall be offered, the Department shall develop a family
17preservation plan and offer or refer services to the family.
18    At any time during a family assessment, if the Department
19believes there is any reason to stop the assessment and conduct
20an investigation based on the information discovered, the
21Department shall do so.
22    The procedures available to the Department in conducting
23investigations under this Act shall be followed as appropriate
24during a family assessment.
25    If the Department implements a differential response
26program authorized under this subsection (a-5), the Department

 

 

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1shall arrange for an independent evaluation of the program for
2at least the first 3 years of implementation to determine
3whether it is meeting the goals in accordance with Section 2 of
4this Act.
5    The Department may adopt administrative rules necessary
6for the execution of this Section, in accordance with Section 4
7of the Children and Family Services Act.
8    The Department shall submit a report to the General
9Assembly by January 15, 2018 on the implementation progress and
10recommendations for additional needed legislative changes.
11    (b)(1) The following procedures shall be followed in the
12investigation of all reports of suspected abuse or neglect of a
13child, except as provided in subsection (c) of this Section.
14    (2) If, during a family assessment authorized by subsection
15(a-5) or an investigation, it appears that the immediate safety
16or well-being of a child is endangered, that the family may
17flee or the child disappear, or that the facts otherwise so
18warrant, the Child Protective Service Unit shall commence an
19investigation immediately, regardless of the time of day or
20night. All other investigations shall be commenced within 24
21hours of receipt of the report. Upon receipt of a report, the
22Child Protective Service Unit shall conduct a family assessment
23authorized by subsection (a-5) or begin an initial
24investigation and make an initial determination whether the
25report is a good faith indication of alleged child abuse or
26neglect.

 

 

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1    (3) Based on an initial investigation, if the Unit
2determines the report is a good faith indication of alleged
3child abuse or neglect, then a formal investigation shall
4commence and, pursuant to Section 7.12 of this Act, may or may
5not result in an indicated report. The formal investigation
6shall include: direct contact with the subject or subjects of
7the report as soon as possible after the report is received; an
8evaluation of the environment of the child named in the report
9and any other children in the same environment; a determination
10of the risk to such children if they continue to remain in the
11existing environments, as well as a determination of the
12nature, extent and cause of any condition enumerated in such
13report; the name, age and condition of other children in the
14environment; and an evaluation as to whether there would be an
15immediate and urgent necessity to remove the child from the
16environment if appropriate family preservation services were
17provided. After seeing to the safety of the child or children,
18the Department shall forthwith notify the subjects of the
19report in writing, of the existence of the report and their
20rights existing under this Act in regard to amendment or
21expungement. To fulfill the requirements of this Section, the
22Child Protective Service Unit shall have the capability of
23providing or arranging for comprehensive emergency services to
24children and families at all times of the day or night.
25    (4) If (i) at the conclusion of the Unit's initial
26investigation of a report, the Unit determines the report to be

 

 

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1a good faith indication of alleged child abuse or neglect that
2warrants a formal investigation by the Unit, the Department,
3any law enforcement agency or any other responsible agency and
4(ii) the person who is alleged to have caused the abuse or
5neglect is employed or otherwise engaged in an activity
6resulting in frequent contact with children and the alleged
7abuse or neglect are in the course of such employment or
8activity, then the Department shall, except in investigations
9where the Director determines that such notification would be
10detrimental to the Department's investigation, inform the
11appropriate supervisor or administrator of that employment or
12activity that the Unit has commenced a formal investigation
13pursuant to this Act, which may or may not result in an
14indicated report. The Department shall also notify the person
15being investigated, unless the Director determines that such
16notification would be detrimental to the Department's
17investigation.
18    (c) In an investigation of a report of suspected abuse or
19neglect of a child by a school employee at a school or on
20school grounds, the Department shall make reasonable efforts to
21follow the following procedures:
22        (1) Investigations involving teachers shall not, to
23    the extent possible, be conducted when the teacher is
24    scheduled to conduct classes. Investigations involving
25    other school employees shall be conducted so as to minimize
26    disruption of the school day. The school employee accused

 

 

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1    of child abuse or neglect may have his superior, his
2    association or union representative and his attorney
3    present at any interview or meeting at which the teacher or
4    administrator is present. The accused school employee
5    shall be informed by a representative of the Department, at
6    any interview or meeting, of the accused school employee's
7    due process rights and of the steps in the investigation
8    process. These due process rights shall also include the
9    right of the school employee to present countervailing
10    evidence regarding the accusations. In an investigation in
11    which the alleged perpetrator of abuse or neglect is a
12    school employee, including, but not limited to, a school
13    teacher or administrator, and the recommendation is to
14    determine the report to be indicated, in addition to other
15    procedures as set forth and defined in Department rules and
16    procedures, the employee's due process rights shall also
17    include: (i) the right to a copy of the investigation
18    summary; (ii) the right to review the specific allegations
19    which gave rise to the investigation; and (iii) the right
20    to an administrator's teleconference which shall be
21    convened to provide the school employee with the
22    opportunity to present documentary evidence or other
23    information that supports his or her position and to
24    provide information before a final finding is entered.
25        (2) If a report of neglect or abuse of a child by a
26    teacher or administrator does not involve allegations of

 

 

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1    sexual abuse or extreme physical abuse, the Child
2    Protective Service Unit shall make reasonable efforts to
3    conduct the initial investigation in coordination with the
4    employee's supervisor.
5        If the Unit determines that the report is a good faith
6    indication of potential child abuse or neglect, it shall
7    then commence a formal investigation under paragraph (3) of
8    subsection (b) of this Section.
9        (3) If a report of neglect or abuse of a child by a
10    teacher or administrator involves an allegation of sexual
11    abuse or extreme physical abuse, the Child Protective Unit
12    shall commence an investigation under paragraph (2) of
13    subsection (b) of this Section.
14    (c-5) In any instance in which a report is made or caused
15to made by a school district employee involving the conduct of
16a person employed by the school district, at the time the
17report was made, as required under Section 4 of this Act, the
18Child Protective Service Unit shall send a copy of its final
19finding report to the general superintendent of that school
20district.
21    (c-10) The Department may recommend that a school district
22remove a school employee who is the subject of an investigation
23from his or her employment position pending the outcome of the
24investigation; however, all employment decisions regarding
25school personnel shall be the sole responsibility of the school
26district or employer. The Department may not require a school

 

 

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1district to remove a school employee from his or her employment
2position or limit the school employee's duties pending the
3outcome of an investigation.
4    (d) If the Department has contact with an employer, or with
5a religious institution or religious official having
6supervisory or hierarchical authority over a member of the
7clergy accused of the abuse of a child, in the course of its
8investigation, the Department shall notify the employer or the
9religious institution or religious official, in writing, when a
10report is unfounded so that any record of the investigation can
11be expunged from the employee's or member of the clergy's
12personnel or other records. The Department shall also notify
13the employee or the member of the clergy, in writing, that
14notification has been sent to the employer or to the
15appropriate religious institution or religious official
16informing the employer or religious institution or religious
17official that the Department's investigation has resulted in an
18unfounded report.
19    (d-1) Whenever a report alleges that a child was abused or
20neglected while receiving care in a hospital, including a
21freestanding psychiatric hospital licensed by the Department
22of Public Health, the Department shall send a copy of its final
23finding to the Director of Public Health and the Director of
24Healthcare and Family Services.
25    (e) Upon request by the Department, the Department of State
26Police and law enforcement agencies are authorized to provide

 

 

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1criminal history record information as defined in the Illinois
2Uniform Conviction Information Act and information maintained
3in the adjudicatory and dispositional record system as defined
4in Section 2605-355 of the Department of State Police Law (20
5ILCS 2605/2605-355) to properly designated employees of the
6Department of Children and Family Services if the Department
7determines the information is necessary to perform its duties
8under the Abused and Neglected Child Reporting Act, the Child
9Care Act of 1969, and the Children and Family Services Act. The
10request shall be in the form and manner required by the
11Department of State Police. Any information obtained by the
12Department of Children and Family Services under this Section
13is confidential and may not be transmitted outside the
14Department of Children and Family Services other than to a
15court of competent jurisdiction or unless otherwise authorized
16by law. Any employee of the Department of Children and Family
17Services who transmits confidential information in violation
18of this Section or causes the information to be transmitted in
19violation of this Section is guilty of a Class A misdemeanor
20unless the transmittal of the information is authorized by this
21Section or otherwise authorized by law.
22    (f) For purposes of this Section, "child abuse or neglect"
23includes abuse or neglect of an adult resident as defined in
24this Act.
25(Source: P.A. 100-68, eff. 1-1-18; 100-176, eff. 1-1-18;
26100-191, eff. 1-1-18; 100-863, eff. 8-14-18.)
 

 

 

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1    (325 ILCS 5/7.8)
2    Sec. 7.8. Upon receiving an oral or written report of
3suspected child abuse or neglect, the Department shall
4immediately notify, either orally or electronically, the Child
5Protective Service Unit of a previous report concerning a
6subject of the present report or other pertinent information.
7In addition, upon satisfactory identification procedures, to
8be established by Department regulation, any person authorized
9to have access to records under Section 11.1 relating to child
10abuse and neglect may request and shall be immediately provided
11the information requested in accordance with this Act. However,
12no information shall be released unless it prominently states
13the report is "indicated", and only information from
14"indicated" reports shall be released, except that information
15concerning pending reports may be released pursuant to Sections
167.14 and 7.22 of this Act to the attorney or guardian ad litem
17appointed under Section 2-17 of the Juvenile Court Act of 1987
18and to any person authorized under paragraphs (1), (2), (3) and
19(11) of Section 11.1. In addition, State's Attorneys are
20authorized to receive unfounded reports (i) for prosecution
21purposes related to the transmission of false reports of child
22abuse or neglect in violation of subsection (a), paragraph (7)
23of Section 26-1 of the Criminal Code of 2012 or (ii) for the
24purposes of screening and prosecuting a petition filed under
25Article II of the Juvenile Court Act of 1987 alleging a

 

 

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1subsequent allegation of abuse or neglect relating to the same
2child, a sibling of the child, or the same perpetrator; the
3parties to the proceedings filed under Article II of the
4Juvenile Court Act of 1987 are entitled to receive copies of
5previously unfounded reports regarding the same child, a
6sibling of the child, or the same perpetrator for purposes of
7hearings under Sections 2-10 and 2-21 of the Juvenile Court Act
8of 1987, and attorneys and guardians ad litem appointed under
9Article II of the Juvenile Court Act of 1987 shall receive the
10reports set forth in Section 7.14 of this Act in conformance
11with paragraph (19) of Section 11.1 and Section 7.14 of this
12Act. The Department of Public Health shall receive information
13from unfounded reports involving children alleged to have been
14abused or neglected while hospitalized, including while
15hospitalized in freestanding psychiatric hospitals licensed by
16the Department of Public Health, as necessary for the
17Department of Public Health to conduct its licensing
18investigation. The Department is authorized and required to
19release information from unfounded reports, upon request by a
20person who has access to the unfounded report as provided in
21this Act, as necessary in its determination to protect children
22and adult residents who are in child care facilities licensed
23by the Department under the Child Care Act of 1969. The names
24and other identifying data and the dates and the circumstances
25of any persons requesting or receiving information from the
26central register shall be entered in the register record.

 

 

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1(Source: P.A. 98-807, eff. 8-1-14; 99-78, eff. 7-20-15; 99-349,
2eff. 1-1-16; 99-350, eff. 6-1-16; 99-642, eff. 7-28-16.)
 
3    (325 ILCS 5/11.1)  (from Ch. 23, par. 2061.1)
4    Sec. 11.1. Access to records.
5    (a) A person shall have access to the records described in
6Section 11 only in furtherance of purposes directly connected
7with the administration of this Act or the Intergovernmental
8Missing Child Recovery Act of 1984. Those persons and purposes
9for access include:
10        (1) Department staff in the furtherance of their
11    responsibilities under this Act, or for the purpose of
12    completing background investigations on persons or
13    agencies licensed by the Department or with whom the
14    Department contracts for the provision of child welfare
15    services.
16        (2) A law enforcement agency investigating known or
17    suspected child abuse or neglect, known or suspected
18    involvement with child pornography, known or suspected
19    criminal sexual assault, known or suspected criminal
20    sexual abuse, or any other sexual offense when a child is
21    alleged to be involved.
22        (3) The Department of State Police when administering
23    the provisions of the Intergovernmental Missing Child
24    Recovery Act of 1984.
25        (4) A physician who has before him a child whom he

 

 

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1    reasonably suspects may be abused or neglected.
2        (5) A person authorized under Section 5 of this Act to
3    place a child in temporary protective custody when such
4    person requires the information in the report or record to
5    determine whether to place the child in temporary
6    protective custody.
7        (6) A person having the legal responsibility or
8    authorization to care for, treat, or supervise a child, or
9    a parent, prospective adoptive parent, foster parent,
10    guardian, or other person responsible for the child's
11    welfare, who is the subject of a report.
12        (7) Except in regard to harmful or detrimental
13    information as provided in Section 7.19, any subject of the
14    report, and if the subject of the report is a minor, his
15    guardian or guardian ad litem.
16        (8) A court, upon its finding that access to such
17    records may be necessary for the determination of an issue
18    before such court; however, such access shall be limited to
19    in camera inspection, unless the court determines that
20    public disclosure of the information contained therein is
21    necessary for the resolution of an issue then pending
22    before it.
23        (8.1) A probation officer or other authorized
24    representative of a probation or court services department
25    conducting an investigation ordered by a court under the
26    Juvenile Court Act of 1987.

 

 

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

 

 

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1    an indicated child abuse or neglect report, pursuant to
2    Section 4.3 of the Child Care Act of 1969.
3        (16) Members of a multidisciplinary team in the
4    furtherance of its responsibilities under subsection (b)
5    of Section 7.1. All reports concerning child abuse and
6    neglect made available to members of such
7    multidisciplinary teams and all records generated as a
8    result of such reports shall be confidential and shall not
9    be disclosed, except as specifically authorized by this Act
10    or other applicable law. It is a Class A misdemeanor to
11    permit, assist or encourage the unauthorized release of any
12    information contained in such reports or records. Nothing
13    contained in this Section prevents the sharing of reports
14    or records relating or pertaining to the death of a minor
15    under the care of or receiving services from the Department
16    of Children and Family Services and under the jurisdiction
17    of the juvenile court with the juvenile court, the State's
18    Attorney, and the minor's attorney.
19        (17) The Department of Human Services, as provided in
20    Section 17 of the Rehabilitation of Persons with
21    Disabilities Act.
22        (18) Any other agency or investigative body, including
23    the Department of Public Health and a local board of
24    health, authorized by State law to conduct an investigation
25    into the quality of care provided to children in hospitals
26    and other State regulated care facilities. The access to

 

 

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

 

 

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1    (c) To the extent that persons or agencies are given access
2to information pursuant to this Section, those persons or
3agencies may give this information to and receive this
4information from each other in order to facilitate an
5investigation conducted by those persons or agencies.
6(Source: P.A. 99-143, eff. 7-27-15; 100-158, eff. 1-1-18.)".