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

SB1904eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB1904 EngrossedLRB102 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 a subsequent allegation of abuse or
12    neglect relating to the same child, a sibling of the
13    child, or the same perpetrator, or a child or perpetrator
14    in the same household as the child for whom the petition is
15    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 the same perpetrator, or a
20child or perpetrator in the same household as the child for
21purposes of hearings under Sections 2-10 and 2-21 of the
22Juvenile Court Act of 1987. ,
23    (4) Attorneys and attorneys and guardians ad litem
24appointed under Article II of the Juvenile Court Act of 1987
25shall receive the reports set forth in Section 7.14 of this Act
26in conformance with paragraph (19) of Section 11.1 and Section

 

 

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17.14 of this Act.
2    (5) The Department of Public Health shall receive
3information from unfounded reports involving children alleged
4to have been abused or neglected while hospitalized, including
5while hospitalized in freestanding psychiatric hospitals
6licensed by the Department of Public Health, as necessary for
7the Department of Public Health to conduct its licensing
8investigation.
9    (6) The Department is authorized and required to release
10information from unfounded reports, upon request by a person
11who has access to the unfounded report as provided in this Act,
12as necessary in its determination to protect children and
13adult residents who are in child care facilities licensed by
14the Department under the Child Care Act of 1969. The names and
15other identifying data and the dates and the circumstances of
16any persons requesting or receiving information from the
17central register shall be entered in the register record.
18(Source: P.A. 101-43, eff. 1-1-20.)
 
19    (325 ILCS 5/7.14)  (from Ch. 23, par. 2057.14)
20    Sec. 7.14. All reports in the central register shall be
21classified in one of three categories: "indicated",
22"unfounded" or "undetermined", as the case may be. Prior to
23classifying the report, the Department shall determine whether
24the report is subject to Department review under Section
257.22a. If the report is subject to Department review, the

 

 

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1report shall not be classified as unfounded until the review
2is completed. Prior to classifying the report, the person
3making the classification shall determine whether the child
4named in the report is the subject of an action under Article V
5of the Juvenile Court Act of 1987 who is in the custody or
6guardianship of the Department or who has an open intact
7family services case with the Department or is the subject of
8an action under Article II of the Juvenile Court Act of 1987.
9If the child either is the subject of an action under Article V
10of the Juvenile Court Act of 1987 and is in the custody or
11guardianship of the Department or has an open intact family
12services case with the Department or is the subject of an
13action under Article II of the Juvenile Court Act of 1987 and
14the Department intends to classify the report as indicated,
15the Department shall, within 45 days of classification of the
16report, transmit a copy of the report to the attorney or
17guardian ad litem appointed for the child under Section 2-17
18of the Juvenile Court Act of 1987 or to a guardian ad litem
19appointed under Section 5-610 of the Juvenile Court Act of
201987. If the child either is the subject of an action under
21Article V of the Juvenile Court Act of 1987 and is in the
22custody or guardianship of the Department or has an open
23intact family services case with the Department or is the
24subject of an action under Article II of the Juvenile Court Act
25of 1987 and the Department intends to classify the report as
26unfounded, the Department shall, within 45 days of deciding

 

 

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1its intent to classify the report as unfounded, transmit a
2copy of the report and written notice of the Department's
3intent to the attorney or guardian ad litem appointed for the
4child under Section 2-17 of the Juvenile Court Act of 1987, or
5to a guardian ad litem appointed under Section 5-610 of the
6Juvenile Court Act of 1987. The Department's obligation under
7this Section to provide reports to a guardian ad litem
8appointed under Section 5-610 of the Juvenile Court Act of
91987 for a minor with an open intact family services case
10applies only if the guardian ad litem notified the Department
11in writing of the representation. All information identifying
12the subjects of an unfounded report shall be expunged from the
13register forthwith, except as provided in Section 7.7.
14Unfounded reports may only be made available to the Child
15Protective Service Unit when investigating a subsequent report
16of suspected abuse or maltreatment involving a child named in
17the unfounded report; and to the subject of the report,
18provided the Department has not expunged the file in
19accordance with Section 7.7. The Child Protective Service Unit
20shall not indicate the subsequent report solely based upon the
21existence of the prior unfounded report or reports.
22Notwithstanding any other provision of law to the contrary, an
23unfounded report shall not be admissible in any judicial or
24administrative proceeding or action except for proceedings
25under Sections 2-10 and 2-21 of the Juvenile Court Act of 1987
26involving a petition filed under Section 2-13 of the Juvenile

 

 

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1Court Act of 1987 alleging abuse or neglect to the same child,
2a sibling of the child, or the same perpetrator, or a member of
3the child's household. Identifying information on all other
4records shall be removed from the register no later than 5
5years after the report is indicated. However, if another
6report is received involving the same child, his sibling or
7offspring, or a child in the care of the persons responsible
8for the child's welfare, or involving the same alleged
9offender, the identifying information may be maintained in the
10register until 5 years after the subsequent case or report is
11closed.
12    Notwithstanding any other provision of this Section,
13identifying information in indicated reports involving serious
14physical injury to a child as defined by the Department in
15rules, may be retained longer than 5 years after the report is
16indicated or after the subsequent case or report is closed,
17and may not be removed from the register except as provided by
18the Department in rules. Identifying information in indicated
19reports involving sexual penetration of a child, sexual
20molestation of a child, sexual exploitation of a child,
21torture of a child, or the death of a child, as defined by the
22Department in rules, shall be retained for a period of not less
23than 50 years after the report is indicated or after the
24subsequent case or report is closed.
25    For purposes of this Section, "child" includes an adult
26resident as defined in this Act.

 

 

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1(Source: P.A. 100-158, eff. 1-1-18; 100-863, eff. 8-14-18;
2101-528, eff. 8-23-19.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.