Illinois General Assembly - Full Text of SB1904
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Full Text of SB1904  102nd General Assembly

SB1904 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1904

 

Introduced 2/26/2021, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
325 ILCS 5/7.8
325 ILCS 5/7.14  from Ch. 23, par. 2057.14
705 ILCS 405/2-8.1 new
705 ILCS 405/2-31  from Ch. 37, par. 802-31

    Amends the Abused and Neglected Child Reporting Act. In provisions concerning persons authorized to have access to reports of child abuse or neglect, provides that State's Attorneys are authorized to receive unfounded reports for the purposes of screening and prosecuting court petitions making an allegation of abuse or neglect relating to the same child, a sibling of the child involving the same perpetrator, or a child or perpetrator in the same household as the child for whom the petition is being filed. Provides that parties to juvenile court proceedings are entitled to receive copies of unfounded reports regarding the same child, a sibling of the child, or a child or perpetrator in the same household as the child, including a household from which a child was removed or into which a child may be placed for purposes of certain types of juvenile court hearings. Amends the Juvenile Court Act of 1987. Requires the Department of Children and Family Services to notify parties of the final finding on a report of alleged abuse or neglect within 5 days after the Department classifies the report. Provides that a court shall not terminate wardship if there is a pending investigation involving any person acting in a caretaker role in the minor's household, unless the court makes written factual findings that, despite the pending investigation, there is no risk of abuse or neglect to the minor, that good cause exists to terminate wardship, and it is in the minor's best interest to terminate wardship. Effective upon becoming law, except some provisions take effect January 1, 2022.


LRB102 11580 KTG 16914 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1904LRB102 11580 KTG 16914 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Sections 7.8 and 7.14 as follows:
 
6    (325 ILCS 5/7.8)
7    Sec. 7.8. Upon receiving an oral or written report of
8suspected child abuse or neglect, the Department shall
9immediately notify, either orally or electronically, the Child
10Protective Service Unit of a previous report concerning a
11subject of the present report or other pertinent information.
12In addition, upon satisfactory identification procedures, to
13be established by Department regulation, any person authorized
14to have access to records under Section 11.1 relating to child
15abuse and neglect may request and shall be immediately
16provided the information requested in accordance with this
17Act. However, no information shall be released unless it
18prominently states the report is "indicated", and only
19information from "indicated" reports shall be released, except
20that:
21    (1) Information information concerning pending reports may
22be released pursuant to Sections 7.14 and 7.22 of this Act to
23the attorney or guardian ad litem appointed under Section 2-17

 

 

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1of the Juvenile Court Act of 1987 and to any person authorized
2under paragraphs (1), (2), (3) and (11) of Section 11.1.
3    (2) In addition, State's Attorneys are authorized to
4receive unfounded reports:
5        (A) (i) for prosecution purposes related to the
6    transmission of false reports of child abuse or neglect in
7    violation of subsection (a), paragraph (7) of Section 26-1
8    of the Criminal Code of 2012; or
9        (B) (ii) for the purposes of screening and prosecuting
10    a petition filed under Article II of the Juvenile Court
11    Act of 1987 alleging an a subsequent allegation of abuse
12    or neglect relating to the same child, a sibling of the
13    child involving , or the same perpetrator, or a child or
14    perpetrator in the same household as the child for whom
15    the petition is being filed. ;
16    (3) The the parties to the proceedings filed under Article
17II of the Juvenile Court Act of 1987 are entitled to receive
18copies of previously unfounded reports regarding the same
19child, a sibling of the child, or a child or the same
20perpetrator in the same household as the child, including a
21household from which a child was removed or into which a child
22may be placed for purposes of the following types of hearings
23under Article II of the Juvenile Court Act:
24        (A) hearings under Sections 2-10 and 2-21 of the
25    Juvenile Court Act of 1987; ,
26        (B) hearings in which a court is: (i) considering

 

 

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1    visitation between a child and a respondent to proceedings
2    in accordance with the Juvenile Court Act of 1987; (ii)
3    deciding whether a child should be returned to the custody
4    of a respondent to proceedings in accordance with the
5    Juvenile Court Act of 1987; or (iii) determining whether
6    the minor's wardship shall be terminated and proceedings
7    under the Juvenile Court Act of 1987 be discharged with
8    the minor in the custody of a respondent to proceedings in
9    accordance with the Juvenile Court Act of 1987; and
10        (C) hearings in which a court is determining whether a
11    minor's placement is necessary and appropriate or whether
12    the minor should be removed from a placement.
13    (4) Attorneys and attorneys and guardians ad litem
14appointed under Article II of the Juvenile Court Act of 1987
15shall receive the reports set forth in Section 7.14 of this Act
16in conformance with paragraph (19) of Section 11.1 and Section
177.14 of this Act.
18    (5) The Department of Public Health shall receive
19information from unfounded reports involving children alleged
20to have been abused or neglected while hospitalized, including
21while hospitalized in freestanding psychiatric hospitals
22licensed by the Department of Public Health, as necessary for
23the Department of Public Health to conduct its licensing
24investigation.
25    (6) The Department is authorized and required to release
26information from unfounded reports, upon request by a person

 

 

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1who has access to the unfounded report as provided in this Act,
2as necessary in its determination to protect children and
3adult residents who are in child care facilities licensed by
4the Department under the Child Care Act of 1969. The names and
5other identifying data and the dates and the circumstances of
6any persons requesting or receiving information from the
7central register shall be entered in the register record.
8(Source: P.A. 101-43, eff. 1-1-20.)
 
9    (325 ILCS 5/7.14)  (from Ch. 23, par. 2057.14)
10    Sec. 7.14. All reports in the central register shall be
11classified in one of three categories: "indicated",
12"unfounded" or "undetermined", as the case may be. Prior to
13classifying the report, the Department shall determine whether
14the report is subject to Department review under Section
157.22a. If the report is subject to Department review, the
16report shall not be classified as unfounded until the review
17is completed. Prior to classifying the report, the person
18making the classification shall determine whether the child
19named in the report is the subject of an action under Article V
20of the Juvenile Court Act of 1987 who is in the custody or
21guardianship of the Department or who has an open intact
22family services case with the Department or is the subject of
23an action under Article II of the Juvenile Court Act of 1987.
24If the child either is the subject of an action under Article V
25of the Juvenile Court Act of 1987 and is in the custody or

 

 

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1guardianship of the Department or has an open intact family
2services case with the Department or is the subject of an
3action under Article II of the Juvenile Court Act of 1987 and
4the Department intends to classify the report as indicated,
5the Department shall, within 45 days of classification of the
6report, transmit a copy of the report to the attorney or
7guardian ad litem appointed for the child under Section 2-17
8of the Juvenile Court Act of 1987 or to a guardian ad litem
9appointed under Section 5-610 of the Juvenile Court Act of
101987. If the child either is the subject of an action under
11Article V of the Juvenile Court Act of 1987 and is in the
12custody or guardianship of the Department or has an open
13intact family services case with the Department or is the
14subject of an action under Article II of the Juvenile Court Act
15of 1987 and the Department intends to classify the report as
16unfounded, the Department shall, within 45 days of deciding
17its intent to classify the report as unfounded, transmit a
18copy of the report and written notice of the Department's
19intent to the attorney or guardian ad litem appointed for the
20child under Section 2-17 of the Juvenile Court Act of 1987, or
21to a guardian ad litem appointed under Section 5-610 of the
22Juvenile Court Act of 1987. The Department's obligation under
23this Section to provide reports to a guardian ad litem
24appointed under Section 5-610 of the Juvenile Court Act of
251987 for a minor with an open intact family services case
26applies only if the guardian ad litem notified the Department

 

 

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1in writing of the representation. All information identifying
2the subjects of an unfounded report shall be expunged from the
3register forthwith, except as provided in Section 7.7.
4Unfounded reports may only be made available to the Child
5Protective Service Unit when investigating a subsequent report
6of suspected abuse or maltreatment involving a child named in
7the unfounded report; and to the subject of the report,
8provided the Department has not expunged the file in
9accordance with Section 7.7. The Child Protective Service Unit
10shall not indicate the subsequent report solely based upon the
11existence of the prior unfounded report or reports.
12    Notwithstanding any other provision of law to the
13contrary, an unfounded report shall not be admissible in any
14judicial or administrative proceeding or action except for
15proceedings filed under Article II of the Juvenile Court Act
16of 1987 regarding the child who is a subject of the report, a
17sibling of the child who is the subject of the report, or a
18child or perpetrator in the same household as the child who is
19the subject of the report, including a household from which
20the child was removed or into which a child may be placed, for
21purposes of the following types of hearings:
22        (1) hearings under Sections 2-10 and 2-21 of the
23    Juvenile Court Act of 1987;
24        (2) hearings in which a court is: (i) considering
25    visitation between a child and a respondent to proceedings
26    in accordance with the Juvenile Court Act of 1987; (ii)

 

 

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1    deciding whether a child should be returned to the custody
2    of a respondent to proceedings in accordance with the
3    Juvenile Court Act of 1987; or (iii) determining whether
4    the minor's wardship shall be terminated and proceedings
5    under the Juvenile Court Act of 1987 be discharged with
6    the minor in the custody of a respondent to proceedings in
7    accordance with the Juvenile Court Act of 1987; and
8        (3) hearings in which a court is determining whether a
9    minor's placement is necessary and appropriate or whether
10    the minor should be removed from a placement. involving a
11    petition filed under Section 2-13 of the Juvenile Court
12    Act of 1987 alleging abuse or neglect to the same child, a
13    sibling of the child, or the same perpetrator.
14    Identifying information on all other records shall be
15removed from the register no later than 5 years after the
16report is indicated. However, if another report is received
17involving the same child, his sibling or offspring, or a child
18in the care of the persons responsible for the child's
19welfare, or involving the same alleged offender, the
20identifying information may be maintained in the register
21until 5 years after the subsequent case or report is closed.
22    Notwithstanding any other provision of this Section,
23identifying information in indicated reports involving serious
24physical injury to a child as defined by the Department in
25rules, may be retained longer than 5 years after the report is
26indicated or after the subsequent case or report is closed,

 

 

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1and may not be removed from the register except as provided by
2the Department in rules. Identifying information in indicated
3reports involving sexual penetration of a child, sexual
4molestation of a child, sexual exploitation of a child,
5torture of a child, or the death of a child, as defined by the
6Department in rules, shall be retained for a period of not less
7than 50 years after the report is indicated or after the
8subsequent case or report is closed.
9    For purposes of this Section, "child" includes an adult
10resident as defined in this Act.
11(Source: P.A. 100-158, eff. 1-1-18; 100-863, eff. 8-14-18;
12101-528, eff. 8-23-19.)
 
13    Section 10. The Juvenile Court Act of 1987 is amended by
14adding Section 2-8.1 as follows:
 
15    (705 ILCS 405/2-8.1 new)
16    Sec. 2-8.1. Notification of final finding on alleged abuse
17or neglect. If, at the time the petition is filed, there is a
18report pending in accordance with the Abused and Neglected
19Child Reporting Act, involving the minor, a sibling of the
20minor, a respondent to the petition, or a member of the minor's
21household where the alleged abuse or neglect occurred, within
225 days after the report is classified the Department of
23Children and Family Services shall notify the parties of the
24final finding and provide copies of the report to the parties.
 

 

 

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1    Section 15. The Juvenile Court Act of 1987 is amended by
2changing Section 2-31 as follows:
 
3    (705 ILCS 405/2-31)  (from Ch. 37, par. 802-31)
4    Sec. 2-31. Duration of wardship and discharge of
5proceedings.
6    (1) All proceedings under Article II of this Act in
7respect of any minor automatically terminate upon his or her
8attaining the age of 21 years.
9    (2) Whenever the court determines, and makes written
10factual findings, that health, safety, and the best interests
11of the minor and the public no longer require the wardship of
12the court, the court shall order the wardship terminated and
13all proceedings under this Act respecting that minor finally
14closed and discharged. The court shall not terminate wardship
15if there is a pending investigation in accordance with the
16Abused and Neglected Child Reporting Act involving any person
17acting in a caretaker role in the minor's household, unless
18the court makes written factual findings that, despite the
19pending investigation, there is no risk of abuse or neglect to
20the minor, that good cause exists to terminate wardship, and
21it is in the minor's best interest to terminate wardship. The
22court may at the same time continue or terminate any
23custodianship or guardianship theretofore ordered but the
24termination must be made in compliance with Section 2-28. When

 

 

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1terminating wardship under this Section, if the minor is over
218, or if wardship is terminated in conjunction with an order
3partially or completely emancipating the minor in accordance
4with the Emancipation of Minors Act, the court shall also
5consider the following factors, in addition to the health,
6safety, and best interest of the minor and the public: (A) the
7minor's wishes regarding case closure; (B) the manner in which
8the minor will maintain independence without services from the
9Department; (C) the minor's engagement in services including
10placement offered by the Department; (D) if the minor is not
11engaged, the Department's efforts to engage the minor; (E) the
12nature of communication between the minor and the Department;
13(F) the minor's involvement in other State systems or
14services; (G) the minor's connections with family and other
15community support; and (H) any other factor the court deems
16relevant. The minor's lack of cooperation with services
17provided by the Department of Children and Family Services
18shall not by itself be considered sufficient evidence that the
19minor is prepared to live independently and that it is in the
20best interest of the minor to terminate wardship. It shall not
21be in the minor's best interest to terminate wardship of a
22minor over the age of 18 who is in the guardianship of the
23Department of Children and Family Services if the Department
24has not made reasonable efforts to ensure that the minor has
25documents necessary for adult living as provided in Section
2635.10 of the Children and Family Services Act.

 

 

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1    (3) The wardship of the minor and any custodianship or
2guardianship respecting the minor for whom a petition was
3filed after July 24, 1991 (the effective date of Public Act
487-14) this amendatory Act of 1991 automatically terminates
5when he attains the age of 19 years, except as set forth in
6subsection (1) of this Section. The clerk of the court shall at
7that time record all proceedings under this Act as finally
8closed and discharged for that reason. The provisions of this
9subsection (3) become inoperative on and after July 12, 2019
10(the effective date of Public Act 101-78) this amendatory Act
11of the 101st General Assembly.
12    (4) Notwithstanding any provision of law to the contrary,
13the changes made by Public Act 101-78 this amendatory Act of
14the 101st General Assembly apply to all cases that are pending
15on or after July 12, 2019 (the effective date of Public Act
16101-78) this amendatory Act of the 101st General Assembly.
17(Source: P.A. 100-680, eff. 1-1-19; 101-78, eff. 7-12-19;
18revised 9-12-19.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law, except that Section 10 takes effect on January
211, 2022.