Illinois General Assembly - Full Text of SB0752
Illinois General Assembly

Previous General Assemblies

Full Text of SB0752  99th General Assembly

SB0752sam001 99TH GENERAL ASSEMBLY

Sen. David Koehler

Filed: 3/18/2015

 

 


 

 


 
09900SB0752sam001LRB099 05641 KTG 32646 a

1
AMENDMENT TO SENATE BILL 752

2    AMENDMENT NO. ______. Amend Senate Bill 752 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 7.14 and 7.18 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
8classified in one of three categories: "indicated",
9"unfounded" or "undetermined", as the case may be. Prior to
10classifying the report, the person making the classification
11shall determine whether the child named in the report is the
12subject of an action under Article II of the Juvenile Court Act
13of 1987. If the child is the subject of an action under Article
14II of the Juvenile Court Act of 1987 and the Department intends
15to classify the report as indicated, the Department shall,
16within 45 days of classification of the report, transmit a copy

 

 

09900SB0752sam001- 2 -LRB099 05641 KTG 32646 a

1of the report to the attorney or guardian ad litem appointed
2for the child under Section 2-17 of the Juvenile Court Act of
31987. If the child is the subject of an action under Article II
4of the Juvenile Court Act of 1987 and the Department intends to
5classify the report as unfounded, the Department shall, within
645 days of deciding its intent to classify the report as
7unfounded, transmit a copy of the report and written notice of
8the Department's intent to the attorney or guardian ad litem
9appointed for the child under Section 2-17 of the Juvenile
10Court Act of 1987. All information identifying the subjects of
11an unfounded report shall be expunged from the register
12forthwith, except as provided in Section 7.7. Unfounded reports
13may only be made available to the Child Protective Service Unit
14when investigating a subsequent report of suspected abuse or
15maltreatment involving a child named in the unfounded report;
16and to the subject of the report, provided the Department has
17not expunged the file in accordance with Section 7.7. The Child
18Protective Service Unit shall not indicate the subsequent
19report solely based upon the existence of the prior unfounded
20report or reports. Notwithstanding any other provision of law
21to the contrary, an unfounded report shall not be admissible in
22any judicial or administrative proceeding or action.
23Identifying information on all other records shall be removed
24from the register no later than 5 years after the report is
25indicated. However, if another report is received involving the
26same child, his sibling or offspring, or a child in the care of

 

 

09900SB0752sam001- 3 -LRB099 05641 KTG 32646 a

1the persons responsible for the child's welfare, or involving
2the same alleged offender, the identifying information may be
3maintained in the register until 5 years after the subsequent
4case or report is closed.
5    The Department shall, by rule, prescribe retention periods
6of no longer than 2 years for indicated reports involving
7inadequate food, inadequate shelter, inadequate supervision,
8inadequate clothing, environmental neglect, and other
9categories as may be determined by the Department. Nothing in
10this Section prohibits the Department from retaining an
11indicated report for up to 5 years in the foregoing categories
12of reports when there exist aggravated circumstances, as
13defined by rule.
14    Notwithstanding any other provision of this Section,
15identifying information in indicated reports involving serious
16physical injury to a child as defined by the Department in
17rules, may be retained longer than 5 years after the report is
18indicated or after the subsequent case or report is closed, and
19may not be removed from the register except as provided by the
20Department in rules. Identifying information in indicated
21reports involving sexual penetration of a child, sexual
22molestation of a child, sexual exploitation of a child, torture
23of a child, or the death of a child, as defined by the
24Department in rules, shall be retained for a period of not less
25than 50 years after the report is indicated or after the
26subsequent case or report is closed.

 

 

09900SB0752sam001- 4 -LRB099 05641 KTG 32646 a

1    For purposes of this Section "child" includes an adult
2resident as defined in this Act.
3(Source: P.A. 97-333, eff. 8-12-11; 98-453, eff. 8-16-13;
498-807, eff. 8-1-14; revised 11-25-14.)
 
5    (325 ILCS 5/7.18)  (from Ch. 23, par. 2057.18)
6    Sec. 7.18. Pursuant to Sections 7.15 and 7.16 and for good
7cause shown, the Child Protective Service Unit may amend any
8report previously sent to the State-wide center. Unless
9otherwise prescribed by this Act, the content, form, manner and
10timing of making the reports shall be established by rules of
11the Department. The Department shall establish, by rule, the
12definition of "good cause shown" and the process for requesting
13an amendment of an indicated report.
14(Source: P.A. 81-1077.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".