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

HB3168ham003 100TH GENERAL ASSEMBLY

Rep. Juliana Stratton

Filed: 3/20/2017

 

 


 

 


 
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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 under Section 5-610 of
26the Juvenile Court Act of 1987 for a minor with an open intact

 

 

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1family services case applies only if the guardian ad litem
2notified the Department in writing of the representation. All
3information identifying the subjects of an unfounded report
4shall be expunged from the register forthwith, except as
5provided in Section 7.7. Unfounded reports may only be made
6available 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 under Section 5-610 of the Juvenile Court Act of 1987
21for a minor with an open intact family services case applies
22only if the guardian ad litem notified the Department in
23writing of the representation. The minor's attorney or guardian
24ad litem who receives a report pursuant to this subsection may
25request a review of the investigation within 10 days of receipt

 

 

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1of the report and written notice of the Department's intent to
2classify the report as unfounded, as provided in Section 7.14
3of this Act, if the subject of the report is also the minor for
4whom the attorney or guardian ad litem has been appointed.
5    (b) Reviews requested under subsection (a) may be requested
6by sending a request via U.S. Mail, postmarked within 10 days
7after notice of the Department's intent to classify the report
8as unfounded, or by faxing a request within 10 days after
9notice of the Department's intent to classify the report as
10unfounded. The date of notification of the Department's intent
11to classify the report as unfounded is the date the attorney or
12guardian ad litem received a copy of the report and written
13notice from the Department. Following the review, the
14Department shall inform the minor's attorney or guardian ad
15litem as to whether the report will be classified as indicated
16or unfounded. The minor's attorney or guardian ad litem shall
17also receive a final finding notice from the State Central
18Register.
19    (c) By January 1, 2014, the Department shall promulgate
20rules addressing reviews requested under subsection (a). The
21rules shall provide that a review requested under subsection
22(a) must occur before the report is classified and a final
23finding is entered in the central register and that the review
24must be conducted by a Department employee outside the
25supervisory chain of the assigned investigator.
26(Source: P.A. 98-453, eff. 8-16-13; 98-807, eff. 8-1-14.)
 

 

 

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

 

 

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

 

 

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1    business.
2        (10) Any person authorized by the Director, in writing,
3    for audit or bona fide research purposes.
4        (11) Law enforcement agencies, coroners or medical
5    examiners, physicians, courts, school superintendents and
6    child welfare agencies in other states who are responsible
7    for child abuse or neglect investigations or background
8    investigations.
9        (12) The Department of Professional Regulation, the
10    State Board of Education and school superintendents in
11    Illinois, who may use or disclose information from the
12    records as they deem necessary to conduct investigations or
13    take disciplinary action, as provided by law.
14        (13) A coroner or medical examiner who has reason to
15    believe that a child has died as the result of abuse or
16    neglect.
17        (14) The Director of a State-operated facility when an
18    employee of that facility is the perpetrator in an
19    indicated report.
20        (15) The operator of a licensed child care facility or
21    a facility licensed by the Department of Human Services (as
22    successor to the Department of Alcoholism and Substance
23    Abuse) in which children reside when a current or
24    prospective employee of that facility is the perpetrator in
25    an indicated child abuse or neglect report, pursuant to
26    Section 4.3 of the Child Care Act of 1969.

 

 

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

 

 

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

 

 

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

 

 

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