Illinois General Assembly - Full Text of HB2583
Illinois General Assembly

Previous General Assemblies

Full Text of HB2583  99th General Assembly

HB2583 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB2583

 

Introduced , by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
325 ILCS 5/7.8  from Ch. 23, par. 2057.8
325 ILCS 5/7.14  from Ch. 23, par. 2057.14

    Amends the Abused and Neglected Child Reporting Act. Provides that State's Attorneys are authorized to receive unfounded reports of child abuse or neglect for the purpose of screening and prosecuting a petition filed under the Juvenile Court Act of 1987 requesting an Order of Protection. Provides that an unfounded report shall not be admissible in any judicial or administrative proceeding or action "except for the purpose of screening and prosecuting a petition filed under the Juvenile Court Act of 1987 requesting an Order of Protection" (rather than an unfounded report shall not be admissible in any judicial or administrative proceeding or action).


LRB099 07649 KTG 27780 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2583LRB099 07649 KTG 27780 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Sections 7.8 and 7.14 as follows:
 
6    (325 ILCS 5/7.8)  (from Ch. 23, par. 2057.8)
7    Sec. 7.8. Upon receiving an oral or written report of
8suspected child abuse or neglect, the Department shall
9immediately notify, either orally or electronically, the Child
10Protective Service Unit of a previous report concerning a
11subject of the present report or other pertinent information.
12In addition, upon satisfactory identification procedures, to
13be established by Department regulation, any person authorized
14to have access to records under Section 11.1 relating to child
15abuse and neglect may request and shall be immediately provided
16the information requested in accordance with this Act. However,
17no information shall be released unless it prominently states
18the report is "indicated", and only information from
19"indicated" reports shall be released, except that information
20concerning pending reports may be released pursuant to Sections
217.14 and 7.22 of this Act to the attorney or guardian ad litem
22appointed under Section 2-17 of the Juvenile Court Act of 1987
23and to any person authorized under paragraphs (1), (2), (3) and

 

 

HB2583- 2 -LRB099 07649 KTG 27780 b

1(11) of Section 11.1. In addition, State's Attorneys are
2authorized to receive unfounded reports for prosecution
3purposes related to the transmission of false reports of child
4abuse or neglect in violation of subsection (a), paragraph (7)
5of Section 26-1 of the Criminal Code of 2012 or for the purpose
6of screening and prosecuting a petition filed under the
7Juvenile Court Act of 1987 requesting an Order of Protection,
8and attorneys and guardians ad litem appointed under Article II
9of the Juvenile Court Act of 1987 shall receive the reports set
10forth in Section 7.14 of this Act in conformance with paragraph
11(19) of Section 11.1 and Section 7.14 of this Act. The names
12and other identifying data and the dates and the circumstances
13of any persons requesting or receiving information from the
14central register shall be entered in the register record.
15(Source: P.A. 97-1150, eff. 1-25-13; 98-807, eff. 8-1-14;
16revised 11-25-14.)
 
17    (325 ILCS 5/7.14)  (from Ch. 23, par. 2057.14)
18    Sec. 7.14. All reports in the central register shall be
19classified in one of three categories: "indicated",
20"unfounded" or "undetermined", as the case may be. Prior to
21classifying the report, the person making the classification
22shall determine whether the child named in the report is the
23subject of an action under Article II of the Juvenile Court Act
24of 1987. If the child is the subject of an action under Article
25II of the Juvenile Court Act of 1987 and the Department intends

 

 

HB2583- 3 -LRB099 07649 KTG 27780 b

1to classify the report as indicated, the Department shall,
2within 45 days of classification of the report, transmit a copy
3of the report to the attorney or guardian ad litem appointed
4for the child under Section 2-17 of the Juvenile Court Act of
51987. If the child is the subject of an action under Article II
6of the Juvenile Court Act of 1987 and the Department intends to
7classify the report as unfounded, the Department shall, within
845 days of deciding its intent to classify the report as
9unfounded, transmit a copy of the report and written notice of
10the Department's intent to the attorney or guardian ad litem
11appointed for the child under Section 2-17 of the Juvenile
12Court Act of 1987. All information identifying the subjects of
13an unfounded report shall be expunged from the register
14forthwith, except as provided in Section 7.7. Unfounded reports
15may only be made available to the Child Protective Service Unit
16when investigating a subsequent report of suspected abuse or
17maltreatment involving a child named in the unfounded report;
18and to the subject of the report, provided the Department has
19not expunged the file in accordance with Section 7.7. The Child
20Protective Service Unit shall not indicate the subsequent
21report solely based upon the existence of the prior unfounded
22report or reports. Notwithstanding any other provision of law
23to the contrary, an unfounded report shall not be admissible in
24any judicial or administrative proceeding or action except for
25the purpose of screening and prosecuting a petition filed under
26the Juvenile Court Act of 1987 requesting an Order of

 

 

HB2583- 4 -LRB099 07649 KTG 27780 b

1Protection. Identifying information on all other records shall
2be removed from the register no later than 5 years after the
3report is indicated. However, if another report is received
4involving the same child, his sibling or offspring, or a child
5in the care of the persons responsible for the child's welfare,
6or involving the same alleged offender, the identifying
7information may be maintained in the register until 5 years
8after the subsequent case or report is closed.
9    Notwithstanding any other provision of this Section,
10identifying information in indicated reports involving serious
11physical injury to a child as defined by the Department in
12rules, may be retained longer than 5 years after the report is
13indicated or after the subsequent case or report is closed, and
14may not be removed from the register except as provided by the
15Department in rules. Identifying information in indicated
16reports involving sexual penetration of a child, sexual
17molestation of a child, sexual exploitation of a child, torture
18of a child, or the death of a child, as defined by the
19Department in rules, shall be retained for a period of not less
20than 50 years after the report is indicated or after the
21subsequent case or report is closed.
22    For purposes of this Section "child" includes an adult
23resident as defined in this Act.
24(Source: P.A. 97-333, eff. 8-12-11; 98-453, eff. 8-16-13;
2598-807, eff. 8-1-14; revised 11-25-14.)