Full Text of SB2622 96th General Assembly
SB2622 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2622
Introduced 1/21/2010, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: |
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325 ILCS 5/7.7 |
from Ch. 23, par. 2057.7 |
325 ILCS 5/7.14 |
from Ch. 23, par. 2057.14 |
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Amends the Abused and Neglected Child Reporting Act. Provides that the Department of Children and Family Services shall maintain all unfounded reports, with some exceptions, for 12 months following the date of a final finding. Provides that unfounded reports may only be made available to
the subject of the report, provided the Department has not expunged the file in accordance with certain provisions of the Act (rather than provided that the subject requests the report within 60 days of being notified that the report was unfounded). Effective immediately.
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A BILL FOR
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SB2622 |
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LRB096 16636 KTG 31913 b |
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| AN ACT concerning children.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Abused and Neglected Child Reporting Act is | 5 |
| amended by changing Sections 7.7 and 7.14 as follows:
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| (325 ILCS 5/7.7) (from Ch. 23, par. 2057.7)
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| 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 | 17 |
| of statistical and other information.
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| The Department shall maintain in the central register a | 19 |
| listing of unfounded
reports where the subject of the unfounded | 20 |
| report requests that the record
not be expunged because the | 21 |
| subject alleges an intentional false report
was made. Such a | 22 |
| request must be made by the subject in writing to the
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| Department, within 10 days of the investigation.
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SB2622 |
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LRB096 16636 KTG 31913 b |
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| The Department shall also maintain in the central register | 2 |
| a listing of
unfounded reports where the report was classified | 3 |
| as a priority one or priority
two report in accordance with the | 4 |
| Department's rules or the report was made by
a person mandated | 5 |
| to report suspected abuse or neglect under this Act.
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| The Department shall maintain in the central register for 3 | 7 |
| years a listing
of unfounded reports involving the death of a | 8 |
| child, the sexual abuse of a
child, or serious physical injury | 9 |
| to a child as defined by the Department in
rules.
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| The Department shall maintain all other unfounded reports | 11 |
| for 12 months following the date of the final finding. | 12 |
| (Source: P.A. 90-15, eff. 6-13-97.)
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| (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
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| Sec. 7.14. All reports in the central register shall be | 15 |
| classified in one
of three categories: "indicated", | 16 |
| "unfounded" or "undetermined", as the
case may be. After the | 17 |
| report is classified, the person making the
classification | 18 |
| shall determine whether the child named in the
report is the | 19 |
| subject of an action under Article II of the Juvenile Court
Act | 20 |
| of 1987. If the child is the subject of an action under Article | 21 |
| II of the
Juvenile Court Act, the Department shall transmit a | 22 |
| copy of the report to
the guardian ad litem appointed for the | 23 |
| child under Section 2-17 of the
Juvenile Court Act. All | 24 |
| information identifying the subjects of an unfounded
report | 25 |
| shall be expunged from the register
forthwith, except as |
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LRB096 16636 KTG 31913 b |
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| provided in Section 7.7.
Unfounded reports may only be made | 2 |
| available to the Child
Protective Service Unit when | 3 |
| investigating a subsequent report of suspected
abuse or | 4 |
| maltreatment involving a child named in the unfounded report; | 5 |
| and to
the subject of the report, provided the Department has | 6 |
| not expunged the file in accordance with Section 7.7 that the | 7 |
| subject requests the report within
60 days of being notified | 8 |
| that the report was unfounded . The Child Protective
Service | 9 |
| Unit shall not indicate the subsequent report solely based upon | 10 |
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existence of the prior unfounded report or reports. | 11 |
| Notwithstanding any other
provision of law to the contrary, an | 12 |
| unfounded report shall not be admissible
in any judicial or | 13 |
| administrative proceeding or action.
Identifying information | 14 |
| on all other records shall be
removed from the register no | 15 |
| later than 5 years after the report is indicated.
However, if | 16 |
| another report is received involving the same child, his | 17 |
| sibling
or offspring, or a child in the care of the persons | 18 |
| responsible for the
child's welfare, or involving the same | 19 |
| alleged offender, the
identifying
information may be | 20 |
| maintained in the register
until 5 years after the subsequent | 21 |
| case or report is closed.
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| Notwithstanding any other provision of this Section, | 23 |
| identifying
information in indicated reports involving serious | 24 |
| physical injury to a child as defined by the
Department in | 25 |
| rules, may be retained longer than 5 years after the report
is | 26 |
| indicated or after the subsequent case or report is closed, and |
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LRB096 16636 KTG 31913 b |
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| may not
be removed from the register except as provided by the | 2 |
| Department in rules. Identifying information in indicated | 3 |
| reports involving sexual penetration of a child, sexual | 4 |
| molestation of a child, sexual exploitation of a child, torture | 5 |
| of a child, or the death of a child, as defined by the | 6 |
| Department in rules, shall be retained for a period of not less | 7 |
| than 50 years after the report is indicated or after the | 8 |
| subsequent case or report is closed.
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| (Source: P.A. 94-160, eff. 7-11-05.)
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
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