Illinois General Assembly - Full Text of HB3168
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Full Text of HB3168  100th General Assembly

HB3168ham001 100TH GENERAL ASSEMBLY

Rep. Juliana Stratton

Filed: 3/16/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3168

2    AMENDMENT NO. ______. Amend House Bill 3168 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, 7.16, 7.22, and 11.1 as
6follows:
 
7    (325 ILCS 5/7.14)  (from Ch. 23, par. 2057.14)
8    Sec. 7.14. All reports in the central register shall be
9classified in one of three categories: "indicated",
10"unfounded" or "undetermined", as the case may be. Prior to
11classifying the report, the person making the classification
12shall determine whether the child named in the report is the
13subject of an action under Article V of the Juvenile Court Act
14of 1987 who is in the custody or guardianship of the Department
15or who has an open intact family services case with the
16Department or is the subject of an action under Article II of

 

 

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1the Juvenile Court Act of 1987. If the child is either the
2subject of an action under Article V of the Juvenile Court Act
3of 1987 and is in the custody or guardianship of the Department
4or has an open intact family services case with the Department
5or is the subject of an action under Article II of the Juvenile
6Court Act of 1987 and the Department intends to classify the
7report as indicated, the Department shall, within 45 days of
8classification of the report, transmit a copy of the report to
9the attorney or guardian ad litem appointed for the child under
10Section 2-17 of the Juvenile Court Act of 1987 or to a guardian
11ad litem appointed under Section 5-610 of the Juvenile Court
12Act of 1987. If the child is either the subject of an action
13under Article V of the Juvenile Court Act of 1987 and is in the
14custody or guardianship of the Department or has an open intact
15family services case with the Department or is the subject of
16an action under Article II of the Juvenile Court Act of 1987
17and the Department intends to classify the report as unfounded,
18the Department shall, within 45 days of deciding its intent to
19classify the report as unfounded, transmit a copy of the report
20and written notice of the Department's intent to the attorney
21or guardian ad litem appointed for the child under Section 2-17
22of the Juvenile Court Act of 1987, or to a guardian ad litem
23appointed under Section 5-610 of the Juvenile Court Act of
241987. The Department's obligation under this Section to provide
25reports to a guardian ad litem appointed for a minor under
26Section 5-610 of the Juvenile Court Act of 1987 or for a minor

 

 

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1with an open intact family services case applies only if the
2guardian ad litem notified the Department in writing of the
3representation. All information identifying the subjects of an
4unfounded report shall be expunged from the register forthwith,
5except as provided in Section 7.7. Unfounded reports may only
6be made available to the Child Protective Service Unit when
7investigating a subsequent report of suspected abuse or
8maltreatment involving a child named in the unfounded report;
9and to the subject of the report, provided the Department has
10not expunged the file in accordance with Section 7.7. The Child
11Protective Service Unit shall not indicate the subsequent
12report solely based upon the existence of the prior unfounded
13report or reports. Notwithstanding any other provision of law
14to the contrary, an unfounded report shall not be admissible in
15any judicial or administrative proceeding or action except for
16proceedings under Sections 2-10 and 2-21 of the Juvenile Court
17Act of 1987 involving a petition filed under Section 2-13 of
18the Juvenile Court Act of 1987 alleging abuse or neglect to the
19same child, a sibling of the child, or the same perpetrator.
20Identifying information on all other records shall be removed
21from the register no later than 5 years after the report is
22indicated. However, if another report is received involving the
23same child, his sibling or offspring, or a child in the care of
24the persons responsible for the child's welfare, or involving
25the same alleged offender, the identifying information may be
26maintained in the register until 5 years after the subsequent

 

 

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1case or report is closed.
2    Notwithstanding any other provision of this Section,
3identifying information in indicated reports involving serious
4physical injury to a child as defined by the Department in
5rules, may be retained longer than 5 years after the report is
6indicated or after the subsequent case or report is closed, and
7may not be removed from the register except as provided by the
8Department in rules. Identifying information in indicated
9reports involving sexual penetration of a child, sexual
10molestation of a child, sexual exploitation of a child, torture
11of a child, or the death of a child, as defined by the
12Department in rules, shall be retained for a period of not less
13than 50 years after the report is indicated or after the
14subsequent case or report is closed.
15    For purposes of this Section "child" includes an adult
16resident as defined in this Act.
17(Source: P.A. 98-453, eff. 8-16-13; 98-807, eff. 8-1-14; 99-78,
18eff. 7-20-15; 99-349, eff. 1-1-16.)
 
19    (325 ILCS 5/7.16)  (from Ch. 23, par. 2057.16)
20    Sec. 7.16. For any investigation or appeal initiated on or
21after, or pending on July 1, 1998, the following time frames
22shall apply. Within 60 days after the notification of the
23completion of the Child Protective Service Unit investigation,
24determined by the date of the notification sent by the
25Department, the perpetrator named in the notification may

 

 

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1request the Department to amend the record or remove the record
2of the report from the register, except that the 60-day
3deadline for filing a request to amend the record or remove the
4record of the report from the State Central Register shall be
5tolled until after the conclusion of any criminal court action
6in the circuit court or after adjudication in any juvenile
7court action concerning the circumstances that give rise to an
8indicated report. Such request shall be in writing and directed
9to such person as the Department designates in the notification
10letter notifying the perpetrator of the indicated finding. The
11perpetrator shall have the right to a timely hearing within the
12Department to determine whether the record of the report should
13be amended or removed on the grounds that it is inaccurate or
14it is being maintained in a manner inconsistent with this Act,
15except that there shall be no such right to a hearing on the
16ground of the report's inaccuracy if there has been a court
17finding of child abuse or neglect or a criminal finding of
18guilt as to the perpetrator. Such hearing shall be held within
19a reasonable time after the perpetrator's request and at a
20reasonable place and hour. The appropriate Child Protective
21Service Unit shall be given notice of the hearing. If the
22minor, who is the victim named in the report sought to be
23amended or removed from the State Central Register, is the
24subject of a pending action under Article V of the Juvenile
25Court Act of 1987 and is in the custody or guardianship of the
26Department or has an open intact family services case with the

 

 

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1Department or is the subject of a pending action under Article
2II of the Juvenile Court Act of 1987, and the report was made
3while a guardian ad litem was appointed for the minor under
4Section 5-610 or 2-17 of the Juvenile Court Act of 1987, then
5the minor shall, through the minor's attorney or guardian ad
6litem appointed under Section 5-610 or 2-17 of the Juvenile
7Court Act of 1987, have the right to participate and be heard
8in such hearing as defined under the Department's rules. The
9Department's obligation under this Section to provide a minor
10with a guardian ad litem appointed under Section 5-610 of the
11Juvenile Court Act of 1987 and an open intact family services
12case with the right to participate and be heard applies only if
13the guardian ad litem notified the Department in writing of the
14representation. In such hearings, the burden of proving the
15accuracy and consistency of the record shall be on the
16Department and the appropriate Child Protective Service Unit.
17The hearing shall be conducted by the Director or his designee,
18who is hereby authorized and empowered to order the amendment
19or removal of the record to make it accurate and consistent
20with this Act. The decision shall be made, in writing, at the
21close of the hearing, or within 60 days thereof, and shall
22state the reasons upon which it is based. Decisions of the
23Department under this Section are administrative decisions
24subject to judicial review under the Administrative Review Law.
25    Should the Department grant the request of the perpetrator
26pursuant to this Section either on administrative review or

 

 

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1after an administrative hearing to amend an indicated report to
2an unfounded report, the report shall be released and expunged
3in accordance with the standards set forth in Section 7.14 of
4this Act.
5(Source: P.A. 98-453, eff. 8-16-13; 98-487, eff. 1-1-14;
698-756, eff. 7-16-14.)
 
7    (325 ILCS 5/7.22)
8    Sec. 7.22. Reviews of unfounded reports.
9    (a) Whenever the Department determines that a reported
10incident of child abuse or neglect will be "unfounded", the
11Department shall forward a copy of the report and written
12notice of the Department's intent to classify the report as
13unfounded to a guardian ad litem appointed under Section 5-610
14of the Juvenile Court Act of 1987 for a minor who is in the
15custody or guardianship of the Department or who has an open
16intact family services case with the Department or the minor's
17attorney or guardian ad litem appointed under Section 2-17 of
18the Juvenile Court Act of 1987. The Department's obligation
19under this subsection to provide reports to a guardian ad litem
20appointed for a minor under Section 5-610 of the Juvenile Court
21Act of 1987 or for a minor with an open intact family services
22case applies only if the guardian ad litem notified the
23Department in writing of the representation. The minor's
24attorney or guardian ad litem who receives a report pursuant to
25this subsection may request a review of the investigation

 

 

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1within 10 days of receipt of the report and written notice of
2the Department's intent to classify the report as unfounded, as
3provided in Section 7.14 of this Act, if the subject of the
4report is also the minor for whom the attorney or guardian ad
5litem has been appointed.
6    (b) Reviews requested under subsection (a) may be requested
7by sending a request via U.S. Mail, postmarked within 10 days
8after notice of the Department's intent to classify the report
9as unfounded, or by faxing a request within 10 days after
10notice of the Department's intent to classify the report as
11unfounded. The date of notification of the Department's intent
12to classify the report as unfounded is the date the attorney or
13guardian ad litem received a copy of the report and written
14notice from the Department. Following the review, the
15Department shall inform the minor's attorney or guardian ad
16litem as to whether the report will be classified as indicated
17or unfounded. The minor's attorney or guardian ad litem shall
18also receive a final finding notice from the State Central
19Register.
20    (c) By January 1, 2014, the Department shall promulgate
21rules addressing reviews requested under subsection (a). The
22rules shall provide that a review requested under subsection
23(a) must occur before the report is classified and a final
24finding is entered in the central register and that the review
25must be conducted by a Department employee outside the
26supervisory chain of the assigned investigator.

 

 

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1(Source: P.A. 98-453, eff. 8-16-13; 98-807, eff. 8-1-14.)
 
2    (325 ILCS 5/11.1)  (from Ch. 23, par. 2061.1)
3    Sec. 11.1. Access to records.
4    (a) A person shall have access to the records described in
5Section 11 only in furtherance of purposes directly connected
6with the administration of this Act or the Intergovernmental
7Missing Child Recovery Act of 1984. Those persons and purposes
8for access include:
9        (1) Department staff in the furtherance of their
10    responsibilities under this Act, or for the purpose of
11    completing background investigations on persons or
12    agencies licensed by the Department or with whom the
13    Department contracts for the provision of child welfare
14    services.
15        (2) A law enforcement agency investigating known or
16    suspected child abuse or neglect, known or suspected
17    involvement with child pornography, known or suspected
18    criminal sexual assault, known or suspected criminal
19    sexual abuse, or any other sexual offense when a child is
20    alleged to be involved.
21        (3) The Department of State Police when administering
22    the provisions of the Intergovernmental Missing Child
23    Recovery Act of 1984.
24        (4) A physician who has before him a child whom he
25    reasonably suspects may be abused or neglected.

 

 

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1        (5) A person authorized under Section 5 of this Act to
2    place a child in temporary protective custody when such
3    person requires the information in the report or record to
4    determine whether to place the child in temporary
5    protective custody.
6        (6) A person having the legal responsibility or
7    authorization to care for, treat, or supervise a child, or
8    a parent, prospective adoptive parent, foster parent,
9    guardian, or other person responsible for the child's
10    welfare, who is the subject of a report.
11        (7) Except in regard to harmful or detrimental
12    information as provided in Section 7.19, any subject of the
13    report, and if the subject of the report is a minor, his
14    guardian or guardian ad litem.
15        (8) A court, upon its finding that access to such
16    records may be necessary for the determination of an issue
17    before such court; however, such access shall be limited to
18    in camera inspection, unless the court determines that
19    public disclosure of the information contained therein is
20    necessary for the resolution of an issue then pending
21    before it.
22        (8.1) A probation officer or other authorized
23    representative of a probation or court services department
24    conducting an investigation ordered by a court under the
25    Juvenile Court Act of l987.
26        (9) A grand jury, upon its determination that access to

 

 

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1    such records is necessary in the conduct of its official
2    business.
3        (10) Any person authorized by the Director, in writing,
4    for audit or bona fide research purposes.
5        (11) Law enforcement agencies, coroners or medical
6    examiners, physicians, courts, school superintendents and
7    child welfare agencies in other states who are responsible
8    for child abuse or neglect investigations or background
9    investigations.
10        (12) The Department of Professional Regulation, the
11    State Board of Education and school superintendents in
12    Illinois, who may use or disclose information from the
13    records as they deem necessary to conduct investigations or
14    take disciplinary action, as provided by law.
15        (13) A coroner or medical examiner who has reason to
16    believe that a child has died as the result of abuse or
17    neglect.
18        (14) The Director of a State-operated facility when an
19    employee of that facility is the perpetrator in an
20    indicated report.
21        (15) The operator of a licensed child care facility or
22    a facility licensed by the Department of Human Services (as
23    successor to the Department of Alcoholism and Substance
24    Abuse) in which children reside when a current or
25    prospective employee of that facility is the perpetrator in
26    an indicated child abuse or neglect report, pursuant to

 

 

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1    Section 4.3 of the Child Care Act of 1969.
2        (16) Members of a multidisciplinary team in the
3    furtherance of its responsibilities under subsection (b)
4    of Section 7.1. All reports concerning child abuse and
5    neglect made available to members of such
6    multidisciplinary teams and all records generated as a
7    result of such reports shall be confidential and shall not
8    be disclosed, except as specifically authorized by this Act
9    or other applicable law. It is a Class A misdemeanor to
10    permit, assist or encourage the unauthorized release of any
11    information contained in such reports or records. Nothing
12    contained in this Section prevents the sharing of reports
13    or records relating or pertaining to the death of a minor
14    under the care of or receiving services from the Department
15    of Children and Family Services and under the jurisdiction
16    of the juvenile court with the juvenile court, the State's
17    Attorney, and the minor's attorney.
18        (17) The Department of Human Services, as provided in
19    Section 17 of the Rehabilitation of Persons with
20    Disabilities Act.
21        (18) Any other agency or investigative body, including
22    the Department of Public Health and a local board of
23    health, authorized by State law to conduct an investigation
24    into the quality of care provided to children in hospitals
25    and other State regulated care facilities. The access to
26    and release of information from such records shall be

 

 

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1    subject to the approval of the Director of the Department
2    or his designee.
3        (19) The person appointed, under Section 2-17 of the
4    Juvenile Court Act of 1987, as the guardian ad litem of a
5    minor who is the subject of a report or records under this
6    Act; or the person appointed, under Section 5-610 of the
7    Juvenile Court Act of 1987, as the guardian ad litem of a
8    minor who is in the custody or guardianship of the
9    Department or who has an open intact family services case
10    with the Department and who is the subject of a report or
11    records made pursuant to this Act.
12        (20) The Department of Human Services, as provided in
13    Section 10 of the Early Intervention Services System Act,
14    and the operator of a facility providing early intervention
15    services pursuant to that Act, for the purpose of
16    determining whether a current or prospective employee who
17    provides or may provide direct services under that Act is
18    the perpetrator in an indicated report of child abuse or
19    neglect filed under this Act.
20    (b) Nothing contained in this Act prevents the sharing or
21disclosure of information or records relating or pertaining to
22juveniles subject to the provisions of the Serious Habitual
23Offender Comprehensive Action Program when that information is
24used to assist in the early identification and treatment of
25habitual juvenile offenders.
26    (c) To the extent that persons or agencies are given access

 

 

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1to information pursuant to this Section, those persons or
2agencies may give this information to and receive this
3information from each other in order to facilitate an
4investigation conducted by those persons or agencies.
5(Source: P.A. 99-143, eff. 7-27-15.)
 
6    Section 10. The Juvenile Court Act of 1987 is amended by
7changing Section 5-610 as follows:
 
8    (705 ILCS 405/5-610)
9    Sec. 5-610. Guardian ad litem and appointment of attorney.
10    (1) The court may appoint a guardian ad litem for the minor
11whenever it finds that there may be a conflict of interest
12between the minor and his or her parent, guardian or legal
13custodian or that it is otherwise in the minor's interest to do
14so.
15    (2) Unless the guardian ad litem is an attorney, he or she
16shall be represented by counsel.
17    (3) The reasonable fees of a guardian ad litem appointed
18under this Section shall be fixed by the court and charged to
19the parents of the minor, to the extent they are able to pay.
20If the parents are unable to pay those fees, they shall be paid
21from the general fund of the county.
22    (4) If, during the court proceedings, the parents,
23guardian, or legal custodian prove that he or she has an actual
24conflict of interest with the minor in that delinquency

 

 

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1proceeding and that the parents, guardian, or legal custodian
2are indigent, the court shall appoint a separate attorney for
3that parent, guardian, or legal custodian.
4    (5) A guardian ad litem appointed under this Section for a
5minor who is in the custody or guardianship of the Department
6of Children and Family Services or who has an open intact
7family services case with the Department of Children and Family
8Services is entitled to receive copies of any and all
9classified reports of child abuse or neglect made pursuant to
10the Abused and Neglected Child Reporting Act in which the
11minor, who is the subject of the report under the Abused and
12Neglected Child Reporting Act, is also a minor for whom the
13guardian ad litem is appointed under this Act. The Department
14of Children and Family Services' obligation under this
15subsection to provide reports to a guardian ad litem applies
16only if the guardian ad litem notified the Department in
17writing of the representation.
18(Source: P.A. 90-590, eff. 1-1-99.)".