Full Text of SB1904 102nd General Assembly
SB1904enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning children.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Abused and Neglected Child Reporting Act is | 5 | | amended 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 | 8 | | suspected
child abuse or neglect, the Department shall | 9 | | immediately notify, either
orally or electronically, the Child | 10 | | Protective Service Unit of a previous
report concerning a | 11 | | subject of the present report or other pertinent
information. | 12 | | In addition, upon satisfactory identification procedures, to
| 13 | | be established by Department regulation, any person authorized | 14 | | to have
access to records under Section 11.1 relating to child | 15 | | abuse and neglect
may request and shall be immediately | 16 | | provided the information requested in
accordance with this | 17 | | Act. However, no information shall be released unless
it | 18 | | prominently states the report is "indicated", and only | 19 | | information from
"indicated" reports shall be released, except | 20 | | that : | 21 | | (1) Information information concerning
pending reports may | 22 | | be released pursuant to Sections 7.14 and 7.22 of this Act to | 23 | | the attorney or guardian ad litem appointed under Section 2-17 |
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| 1 | | of the Juvenile Court Act of 1987 and to any person authorized | 2 | | under
paragraphs (1), (2), (3) and (11) of Section 11.1. | 3 | | (2) In addition, State's
Attorneys are authorized to | 4 | | receive 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 | 17 | | II of the Juvenile Court Act of 1987 are entitled to receive
| 18 | | copies of previously unfounded reports regarding the same | 19 | | child, a sibling of the
child, or the same perpetrator , or a | 20 | | child or perpetrator in the same household as the child for | 21 | | purposes of hearings under Sections 2-10 and 2-21 of the | 22 | | Juvenile Court Act of 1987 . , | 23 | | (4) Attorneys and attorneys and guardians ad litem | 24 | | appointed under
Article II of the Juvenile Court Act of 1987 | 25 | | shall receive the
reports set forth in Section 7.14 of this Act | 26 | | in conformance with paragraph
(19) of Section 11.1 and Section |
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| 1 | | 7.14 of this Act. | 2 | | (5) The Department of Public Health shall receive | 3 | | information from unfounded reports involving children alleged | 4 | | to have been abused or neglected while hospitalized, including | 5 | | while hospitalized in freestanding psychiatric hospitals | 6 | | licensed by the Department of Public Health, as necessary for | 7 | | the Department of Public Health to conduct its licensing | 8 | | investigation. | 9 | | (6) The Department is authorized and required to release | 10 | | information from unfounded reports, upon request by a person | 11 | | who has access to the unfounded report as provided in this Act, | 12 | | as necessary in its determination to protect children and | 13 | | adult residents who are in child care facilities licensed by | 14 | | the Department under the Child Care Act of 1969. The names and | 15 | | other
identifying data and the dates and the circumstances of | 16 | | any persons
requesting or receiving information from the | 17 | | central 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 | 21 | | classified in one
of three categories: "indicated", | 22 | | "unfounded" or "undetermined", as the
case may be. Prior to | 23 | | classifying the report, the Department shall determine whether | 24 | | the report is subject to Department review under Section | 25 | | 7.22a. If the report is subject to Department review, the |
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| 1 | | report shall not be classified as unfounded until the review | 2 | | is completed. Prior to classifying the report, the person | 3 | | making the
classification shall determine whether the child | 4 | | named in the
report is the subject of an action under Article V | 5 | | of the Juvenile Court Act of 1987 who is in the custody or | 6 | | guardianship of the Department or who has an open intact | 7 | | family services case with the Department or is the subject of | 8 | | an action under Article II of the Juvenile Court
Act of 1987. | 9 | | If the child either is the subject of an action under Article V | 10 | | of the Juvenile Court Act of 1987 and is in the custody or | 11 | | guardianship of the Department or has an open intact family | 12 | | services case with the Department or is the subject of an | 13 | | action under Article II of the
Juvenile Court Act of 1987 and | 14 | | the Department intends to classify the report as indicated, | 15 | | the Department shall, within 45 days of classification of the | 16 | | report, transmit a copy of the report to
the attorney or | 17 | | guardian ad litem appointed for the child under Section 2-17 | 18 | | of the
Juvenile Court Act of 1987 or to a guardian ad litem | 19 | | appointed under Section 5-610 of the Juvenile Court Act of | 20 | | 1987. If the child either is the subject of an action under | 21 | | Article V of the Juvenile Court Act of 1987 and is in the | 22 | | custody or guardianship of the Department or has an open | 23 | | intact family services case with the Department or is the | 24 | | subject of an action under Article II of the Juvenile Court Act | 25 | | of 1987 and the Department intends to classify the report as | 26 | | unfounded, the Department shall, within 45 days of deciding |
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| 1 | | its intent to classify the report as unfounded, transmit a | 2 | | copy of the report and written notice of the Department's | 3 | | intent to the attorney or guardian ad litem appointed for the | 4 | | child under Section 2-17 of the Juvenile Court Act of 1987, or | 5 | | to a guardian ad litem appointed under Section 5-610 of the | 6 | | Juvenile Court Act of 1987. The Department's obligation under | 7 | | this Section to provide reports to a guardian ad litem | 8 | | appointed under Section 5-610 of the Juvenile Court Act of | 9 | | 1987 for a minor with an open intact family services case | 10 | | applies only if the guardian ad litem notified the Department | 11 | | in writing of the representation. All information identifying | 12 | | the subjects of an unfounded
report shall be expunged from the | 13 | | register
forthwith, except as provided in Section 7.7.
| 14 | | Unfounded reports may only be made available to the Child
| 15 | | Protective Service Unit when investigating a subsequent report | 16 | | of suspected
abuse or maltreatment involving a child named in | 17 | | the unfounded report; and to
the subject of the report, | 18 | | provided the Department has not expunged the file in | 19 | | accordance with Section 7.7. The Child Protective
Service Unit | 20 | | shall not indicate the subsequent report solely based upon the
| 21 | | existence of the prior unfounded report or reports. | 22 | | Notwithstanding any other
provision of law to the contrary, an | 23 | | unfounded report shall not be admissible
in any judicial or | 24 | | administrative proceeding or action except for proceedings | 25 | | under Sections 2-10 and 2-21 of the Juvenile Court Act of 1987 | 26 | | involving a
petition filed under Section 2-13 of the Juvenile |
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| 1 | | Court Act of 1987 alleging
abuse or neglect to the same child, | 2 | | a sibling of the child, or the same
perpetrator , or a member of | 3 | | the child's household .
Identifying information on all other | 4 | | records shall be
removed from the register no later than 5 | 5 | | years after the report is indicated.
However, if another | 6 | | report is received involving the same child, his sibling
or | 7 | | offspring, or a child in the care of the persons responsible | 8 | | for the
child's welfare, or involving the same alleged | 9 | | offender, the
identifying
information may be maintained in the | 10 | | register
until 5 years after the subsequent case or report is | 11 | | closed.
| 12 | | Notwithstanding any other provision of this Section, | 13 | | identifying
information in indicated reports involving serious | 14 | | physical injury to a child as defined by the
Department in | 15 | | rules, may be retained longer than 5 years after the report
is | 16 | | indicated or after the subsequent case or report is closed, | 17 | | and may not
be removed from the register except as provided by | 18 | | the Department in rules. Identifying information in indicated | 19 | | reports involving sexual penetration of a child, sexual | 20 | | molestation of a child, sexual exploitation of a child, | 21 | | torture of a child, or the death of a child, as defined by the | 22 | | Department in rules, shall be retained for a period of not less | 23 | | than 50 years after the report is indicated or after the | 24 | | subsequent case or report is closed.
| 25 | | For purposes of this Section, "child" includes an adult | 26 | | resident 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; | 2 | | 101-528, eff. 8-23-19.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.
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