Full Text of SB0752 99th General Assembly
SB0752sam001 99TH GENERAL ASSEMBLY | Sen. David Koehler Filed: 3/18/2015
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| 1 | | AMENDMENT TO SENATE BILL 752
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 752 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 7.14 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 | 8 | | classified in one
of three categories: "indicated", | 9 | | "unfounded" or "undetermined", as the
case may be. Prior to | 10 | | classifying the report, the person making the
classification | 11 | | shall determine whether the child named in the
report is the | 12 | | subject of an action under Article II of the Juvenile Court
Act | 13 | | of 1987. If the child is the subject of an action under Article | 14 | | II of the
Juvenile Court Act of 1987 and the Department intends | 15 | | to classify the report as indicated, the Department shall, | 16 | | within 45 days of classification of the report, transmit a copy |
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| 1 | | of the report to
the attorney or guardian ad litem appointed | 2 | | for the child under Section 2-17 of the
Juvenile Court Act of | 3 | | 1987 . If the child is the subject of an action under Article II | 4 | | of the Juvenile Court Act of 1987 and the Department intends to | 5 | | classify the report as unfounded, the Department shall, within | 6 | | 45 days of deciding its intent to classify the report as | 7 | | unfounded, transmit a copy of the report and written notice of | 8 | | the Department's intent to the attorney or guardian ad litem | 9 | | appointed for the child under Section 2-17 of the Juvenile | 10 | | Court Act of 1987 . All information identifying the subjects of | 11 | | an unfounded
report shall be expunged from the register
| 12 | | forthwith, except as provided in Section 7.7.
Unfounded reports | 13 | | may only be made available to the Child
Protective Service Unit | 14 | | when investigating a subsequent report of suspected
abuse or | 15 | | maltreatment involving a child named in the unfounded report; | 16 | | and to
the subject of the report, provided the Department has | 17 | | not expunged the file in accordance with Section 7.7. The Child | 18 | | Protective
Service Unit shall not indicate the subsequent | 19 | | report solely based upon the
existence of the prior unfounded | 20 | | report or reports. Notwithstanding any other
provision of law | 21 | | to the contrary, an unfounded report shall not be admissible
in | 22 | | any judicial or administrative proceeding or action.
| 23 | | Identifying information on all other records shall be
removed | 24 | | from the register no later than 5 years after the report is | 25 | | indicated.
However, if another report is received involving the | 26 | | same child, his sibling
or offspring, or a child in the care of |
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| 1 | | the persons responsible for the
child's welfare, or involving | 2 | | the same alleged offender, the
identifying
information may be | 3 | | maintained in the register
until 5 years after the subsequent | 4 | | case or report is closed.
| 5 | | The Department shall, by rule, prescribe retention periods | 6 | | of no longer than 2 years for indicated reports involving | 7 | | inadequate food, inadequate shelter, inadequate supervision, | 8 | | inadequate clothing, environmental neglect, and other | 9 | | categories as may be determined by the Department. Nothing in | 10 | | this Section prohibits the Department from retaining an | 11 | | indicated report for up to 5 years in the foregoing categories | 12 | | of reports when there exist aggravated circumstances, as | 13 | | defined by rule. | 14 | | Notwithstanding any other provision of this Section, | 15 | | identifying
information in indicated reports involving serious | 16 | | physical injury to a child as defined by the
Department in | 17 | | rules, may be retained longer than 5 years after the report
is | 18 | | indicated or after the subsequent case or report is closed, and | 19 | | may not
be removed from the register except as provided by the | 20 | | Department in rules. Identifying information in indicated | 21 | | reports involving sexual penetration of a child, sexual | 22 | | molestation of a child, sexual exploitation of a child, torture | 23 | | of a child, or the death of a child, as defined by the | 24 | | Department in rules, shall be retained for a period of not less | 25 | | than 50 years after the report is indicated or after the | 26 | | subsequent case or report is closed.
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| 1 | | For purposes of this Section "child" includes an adult | 2 | | resident as defined in this Act. | 3 | | (Source: P.A. 97-333, eff. 8-12-11; 98-453, eff. 8-16-13; | 4 | | 98-807, 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 | 7 | | cause shown,
the Child Protective Service Unit may amend any | 8 | | report previously sent to
the State-wide center. Unless | 9 | | otherwise prescribed by this Act, the content,
form, manner and | 10 | | timing of making the reports shall be established by rules
of | 11 | | the Department. The Department shall establish, by rule, the | 12 | | definition of "good cause shown" and the process for requesting | 13 | | an amendment of an indicated report.
| 14 | | (Source: P.A. 81-1077.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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