Full Text of HB2583 99th General Assembly
HB2583ham001 99TH GENERAL ASSEMBLY | Rep. Emanuel Chris Welch Filed: 3/23/2015
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| 1 | | AMENDMENT TO HOUSE BILL 2583
| 2 | | AMENDMENT NO. ______. Amend House Bill 2583 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Abused and Neglected Child Reporting Act is | 5 | | amended 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 | 8 | | suspected
child abuse or neglect, the Department shall | 9 | | immediately notify, either
orally or electronically, the Child | 10 | | Protective Service Unit of a previous
report concerning a | 11 | | subject of the present report or other pertinent
information. | 12 | | In addition, upon satisfactory identification procedures, to
| 13 | | be established by Department regulation, any person authorized | 14 | | to have
access to records under Section 11.1 relating to child | 15 | | abuse and neglect
may request and shall be immediately provided | 16 | | the information requested in
accordance with this Act. However, |
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| 1 | | no information shall be released unless
it prominently states | 2 | | the report is "indicated", and only information from
| 3 | | "indicated" reports shall be released, except that information | 4 | | concerning
pending reports may be released pursuant to Sections | 5 | | 7.14 and 7.22 of this Act to the attorney or guardian ad litem | 6 | | appointed under Section 2-17 of the Juvenile Court Act of 1987 | 7 | | and to any person authorized under
paragraphs (1), (2), (3) and | 8 | | (11) of Section 11.1. In addition, State's
Attorneys are | 9 | | authorized to receive unfounded reports (i) for prosecution
| 10 | | purposes related to the transmission of false reports of child | 11 | | abuse or
neglect in violation of subsection (a), paragraph (7) | 12 | | of Section 26-1
of the Criminal Code of 2012 or (ii) for the | 13 | | purposes of screening and prosecuting a petition filed under | 14 | | Article II of the Juvenile Court Act of 1987 alleging a | 15 | | subsequent allegation of abuse or neglect relating to the same | 16 | | child, sibling of the child, or the same perpetrator, and | 17 | | attorneys and guardians ad litem appointed under
Article II of | 18 | | the Juvenile Court Act of 1987 shall receive the
reports set | 19 | | forth in Section 7.14 of this Act in conformance with paragraph
| 20 | | (19) of Section 11.1 and Section 7.14 of this Act. The names | 21 | | and other
identifying data and the dates and the circumstances | 22 | | of any persons
requesting or receiving information from the | 23 | | central register shall be
entered in the register record.
| 24 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-807, eff. 8-1-14; | 25 | | revised 11-25-14.)
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| 1 | | (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
| 2 | | Sec. 7.14. All reports in the central register shall be | 3 | | classified in one
of three categories: "indicated", | 4 | | "unfounded" or "undetermined", as the
case may be. Prior to | 5 | | classifying the report, the person making the
classification | 6 | | shall determine whether the child named in the
report is the | 7 | | subject of an action under Article II of the Juvenile Court
Act | 8 | | of 1987. If the child is the subject of an action under Article | 9 | | II of the
Juvenile Court Act of 1987 and the Department intends | 10 | | to classify the report as indicated, the Department shall, | 11 | | within 45 days of classification of the report, transmit a copy | 12 | | of the report to
the attorney or guardian ad litem appointed | 13 | | for the child under Section 2-17 of the
Juvenile Court Act of | 14 | | 1987 . If the child is the subject of an action under Article II | 15 | | of the Juvenile Court Act of 1987 and the Department intends to | 16 | | classify the report as unfounded, the Department shall, within | 17 | | 45 days of deciding its intent to classify the report as | 18 | | unfounded, transmit a copy of the report and written notice of | 19 | | the Department's intent to the attorney or guardian ad litem | 20 | | appointed for the child under Section 2-17 of the Juvenile | 21 | | Court Act of 1987 . All information identifying the subjects of | 22 | | an unfounded
report shall be expunged from the register
| 23 | | forthwith, except as provided in Section 7.7.
Unfounded reports | 24 | | may only be made available to the Child
Protective Service Unit | 25 | | when investigating a subsequent report of suspected
abuse or | 26 | | maltreatment involving a child named in the unfounded report; |
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| 1 | | and to
the subject of the report, provided the Department has | 2 | | not expunged the file in accordance with Section 7.7. The Child | 3 | | Protective
Service Unit shall not indicate the subsequent | 4 | | report solely based upon the
existence of the prior unfounded | 5 | | report or reports. Notwithstanding any other
provision of law | 6 | | to the contrary, an unfounded report shall not be admissible
in | 7 | | any judicial or administrative proceeding or action except for | 8 | | the purpose of prosecuting a petition filed under Article II of | 9 | | the Juvenile Court Act of 1987 alleging a subsequent allegation | 10 | | of abuse or neglect relating to the same child, sibling of the | 11 | | child, or the same perpetrator .
Identifying information on all | 12 | | other records shall be
removed from the register no later than | 13 | | 5 years after the report is indicated.
However, if another | 14 | | report is received involving the same child, his sibling
or | 15 | | offspring, or a child in the care of the persons responsible | 16 | | for the
child's welfare, or involving the same alleged | 17 | | offender, the
identifying
information may be maintained in the | 18 | | register
until 5 years after the subsequent case or report is | 19 | | closed.
| 20 | | Notwithstanding any other provision of this Section, | 21 | | identifying
information in indicated reports involving serious | 22 | | physical injury to a child as defined by the
Department in | 23 | | rules, may be retained longer than 5 years after the report
is | 24 | | indicated or after the subsequent case or report is closed, and | 25 | | may not
be removed from the register except as provided by the | 26 | | Department in rules. Identifying information in indicated |
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| 1 | | reports involving sexual penetration of a child, sexual | 2 | | molestation of a child, sexual exploitation of a child, torture | 3 | | of a child, or the death of a child, as defined by the | 4 | | Department in rules, shall be retained for a period of not less | 5 | | than 50 years after the report is indicated or after the | 6 | | subsequent case or report is closed.
| 7 | | For purposes of this Section "child" includes an adult | 8 | | resident as defined in this Act. | 9 | | (Source: P.A. 97-333, eff. 8-12-11; 98-453, eff. 8-16-13; | 10 | | 98-807, eff. 8-1-14; revised 11-25-14.)".
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