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

SB1904sam001 102ND GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 4/9/2021

 

 


 

 


 
10200SB1904sam001LRB102 11580 KTG 24979 a

1
AMENDMENT TO SENATE BILL 1904

2    AMENDMENT NO. ______. Amend Senate Bill 1904 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Abused and Neglected Child Reporting Act
5is 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
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

 

 

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1Act. However, no information shall be released unless it
2prominently states the report is "indicated", and only
3information from "indicated" reports shall be released, except
4that:
5    (1) Information information concerning pending reports may
6be released pursuant to Sections 7.14 and 7.22 of this Act to
7the attorney or guardian ad litem appointed under Section 2-17
8of the Juvenile Court Act of 1987 and to any person authorized
9under paragraphs (1), (2), (3) and (11) of Section 11.1.
10    (2) In addition, State's Attorneys are authorized to
11receive unfounded reports:
12        (A) (i) for prosecution purposes related to the
13    transmission of false reports of child abuse or neglect in
14    violation of subsection (a), paragraph (7) of Section 26-1
15    of the Criminal Code of 2012; or
16        (B) (ii) for the purposes of screening and prosecuting
17    a petition filed under Article II of the Juvenile Court
18    Act of 1987 alleging a subsequent allegation of abuse or
19    neglect relating to the same child, a sibling of the
20    child, or the same perpetrator, or a child or perpetrator
21    in the same household as the child for whom the petition is
22    being filed. ;
23    (3) The the parties to the proceedings filed under Article
24II of the Juvenile Court Act of 1987 are entitled to receive
25copies of previously unfounded reports regarding the same
26child, a sibling of the child, or the same perpetrator, or a

 

 

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1child or perpetrator in the same household as the child for
2purposes of hearings under Sections 2-10 and 2-21 of the
3Juvenile Court Act of 1987. ,
4    (4) Attorneys and attorneys and guardians ad litem
5appointed under Article II of the Juvenile Court Act of 1987
6shall receive the reports set forth in Section 7.14 of this Act
7in conformance with paragraph (19) of Section 11.1 and Section
87.14 of this Act.
9    (5) The Department of Public Health shall receive
10information from unfounded reports involving children alleged
11to have been abused or neglected while hospitalized, including
12while hospitalized in freestanding psychiatric hospitals
13licensed by the Department of Public Health, as necessary for
14the Department of Public Health to conduct its licensing
15investigation.
16    (6) The Department is authorized and required to release
17information from unfounded reports, upon request by a person
18who has access to the unfounded report as provided in this Act,
19as necessary in its determination to protect children and
20adult residents who are in child care facilities licensed by
21the Department under the Child Care Act of 1969. The names and
22other identifying data and the dates and the circumstances of
23any persons requesting or receiving information from the
24central register shall be entered in the register record.
25(Source: P.A. 101-43, eff. 1-1-20.)
 

 

 

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1    (325 ILCS 5/7.14)  (from Ch. 23, par. 2057.14)
2    Sec. 7.14. All reports in the central register shall be
3classified in one of three categories: "indicated",
4"unfounded" or "undetermined", as the case may be. Prior to
5classifying the report, the Department shall determine whether
6the report is subject to Department review under Section
77.22a. If the report is subject to Department review, the
8report shall not be classified as unfounded until the review
9is completed. Prior to classifying the report, the person
10making the classification shall determine whether the child
11named in the report is the subject of an action under Article V
12of the Juvenile Court Act of 1987 who is in the custody or
13guardianship of the Department or who has an open intact
14family services case with the Department or is the subject of
15an action under Article II of the Juvenile Court Act of 1987.
16If the child either is the subject of an action under Article V
17of the Juvenile Court Act of 1987 and is in the custody or
18guardianship of the Department or has an open intact family
19services case with the Department or is the subject of an
20action under Article II of the Juvenile Court Act of 1987 and
21the Department intends to classify the report as indicated,
22the Department shall, within 45 days of classification of the
23report, transmit a copy of the report to the attorney or
24guardian ad litem appointed for the child under Section 2-17
25of the Juvenile Court Act of 1987 or to a guardian ad litem
26appointed under Section 5-610 of the Juvenile Court Act of

 

 

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11987. If the child either is the subject of an action under
2Article V of the Juvenile Court Act of 1987 and is in the
3custody or guardianship of the Department or has an open
4intact family services case with the Department or is the
5subject of an action under Article II of the Juvenile Court Act
6of 1987 and the Department intends to classify the report as
7unfounded, the Department shall, within 45 days of deciding
8its intent to classify the report as unfounded, transmit a
9copy of the report and written notice of the Department's
10intent to the attorney or guardian ad litem appointed for the
11child under Section 2-17 of the Juvenile Court Act of 1987, or
12to a guardian ad litem appointed under Section 5-610 of the
13Juvenile Court Act of 1987. The Department's obligation under
14this Section to provide reports to a guardian ad litem
15appointed under Section 5-610 of the Juvenile Court Act of
161987 for a minor with an open intact family services case
17applies only if the guardian ad litem notified the Department
18in writing of the representation. All information identifying
19the subjects of an unfounded report shall be expunged from the
20register forthwith, except as provided in Section 7.7.
21Unfounded reports may only be made available to the Child
22Protective Service Unit when investigating a subsequent report
23of suspected abuse or maltreatment involving a child named in
24the unfounded report; and to the subject of the report,
25provided the Department has not expunged the file in
26accordance with Section 7.7. The Child Protective Service Unit

 

 

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1shall not indicate the subsequent report solely based upon the
2existence of the prior unfounded report or reports.
3Notwithstanding any other provision of law to the contrary, an
4unfounded report shall not be admissible in any judicial or
5administrative proceeding or action except for proceedings
6under Sections 2-10 and 2-21 of the Juvenile Court Act of 1987
7involving a petition filed under Section 2-13 of the Juvenile
8Court Act of 1987 alleging abuse or neglect to the same child,
9a sibling of the child, or the same perpetrator, or a member of
10the child's household. Identifying information on all other
11records shall be removed from the register no later than 5
12years after the report is indicated. However, if another
13report is received involving the same child, his sibling or
14offspring, or a child in the care of the persons responsible
15for the child's welfare, or involving the same alleged
16offender, the identifying information may be maintained in the
17register until 5 years after the subsequent case or report is
18closed.
19    Notwithstanding any other provision of this Section,
20identifying information in indicated reports involving serious
21physical injury to a child as defined by the Department in
22rules, may be retained longer than 5 years after the report is
23indicated or after the subsequent case or report is closed,
24and may not be removed from the register except as provided by
25the Department in rules. Identifying information in indicated
26reports involving sexual penetration of a child, sexual

 

 

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1molestation of a child, sexual exploitation of a child,
2torture of a child, or the death of a child, as defined by the
3Department in rules, shall be retained for a period of not less
4than 50 years after the report is indicated or after the
5subsequent case or report is closed.
6    For purposes of this Section, "child" includes an adult
7resident as defined in this Act.
8(Source: P.A. 100-158, eff. 1-1-18; 100-863, eff. 8-14-18;
9101-528, eff. 8-23-19.)
 
10    Section 10. The Juvenile Court Act of 1987 is amended by
11adding Section 2-8.1 as follows:
 
12    (705 ILCS 405/2-8.1 new)
13    Sec. 2-8.1. Notification of final finding on alleged abuse
14or neglect. If, at the time the petition is filed, there is a
15report pending in accordance with the Abused and Neglected
16Child Reporting Act, involving the minor, a sibling of the
17minor, a respondent to the petition, or a member of the minor's
18household where the alleged abuse or neglect occurred, within
1910 days after the report is classified the Department of
20Children and Family Services shall notify the parties of the
21final finding.
 
22    Section 15. The Juvenile Court Act of 1987 is amended by
23changing Section 2-31 as follows:
 

 

 

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1    (705 ILCS 405/2-31)  (from Ch. 37, par. 802-31)
2    Sec. 2-31. Duration of wardship and discharge of
3proceedings.
4    (1) All proceedings under Article II of this Act in
5respect of any minor automatically terminate upon his or her
6attaining the age of 21 years.
7    (2) Whenever the court determines, and makes written
8factual findings, that health, safety, and the best interests
9of the minor and the public no longer require the wardship of
10the court, the court shall order the wardship terminated and
11all proceedings under this Act respecting that minor finally
12closed and discharged. To terminate wardship in accordance
13with this paragraph, the court shall consider a pending
14investigation in accordance with the Abused and Neglected
15Child Reporting Act, if any, involving any person acting in a
16caretaker role in the minor's household, and make written
17factual findings that, despite the pending investigation,
18there is no risk of abuse or neglect to the minor, and it is in
19the minor's best interest to terminate wardship. The court may
20at the same time continue or terminate any custodianship or
21guardianship theretofore ordered but the termination must be
22made in compliance with Section 2-28. When terminating
23wardship under this Section, if the minor is over 18, or if
24wardship is terminated in conjunction with an order partially
25or completely emancipating the minor in accordance with the

 

 

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1Emancipation of Minors Act, the court shall also consider the
2following factors, in addition to the health, safety, and best
3interest of the minor and the public: (A) the minor's wishes
4regarding case closure; (B) the manner in which the minor will
5maintain independence without services from the Department;
6(C) the minor's engagement in services including placement
7offered by the Department; (D) if the minor is not engaged, the
8Department's efforts to engage the minor; (E) the nature of
9communication between the minor and the Department; (F) the
10minor's involvement in other State systems or services; (G)
11the minor's connections with family and other community
12support; and (H) any other factor the court deems relevant.
13The minor's lack of cooperation with services provided by the
14Department of Children and Family Services shall not by itself
15be considered sufficient evidence that the minor is prepared
16to live independently and that it is in the best interest of
17the minor to terminate wardship. It shall not be in the minor's
18best interest to terminate wardship of a minor over the age of
1918 who is in the guardianship of the Department of Children and
20Family Services if the Department has not made reasonable
21efforts to ensure that the minor has documents necessary for
22adult living as provided in Section 35.10 of the Children and
23Family Services Act.
24    (3) The wardship of the minor and any custodianship or
25guardianship respecting the minor for whom a petition was
26filed after July 24, 1991 (the effective date of Public Act

 

 

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187-14) this amendatory Act of 1991 automatically terminates
2when he attains the age of 19 years, except as set forth in
3subsection (1) of this Section. The clerk of the court shall at
4that time record all proceedings under this Act as finally
5closed and discharged for that reason. The provisions of this
6subsection (3) become inoperative on and after July 12, 2019
7(the effective date of Public Act 101-78) this amendatory Act
8of the 101st General Assembly.
9    (4) Notwithstanding any provision of law to the contrary,
10the changes made by Public Act 101-78 this amendatory Act of
11the 101st General Assembly apply to all cases that are pending
12on or after July 12, 2019 (the effective date of Public Act
13101-78) this amendatory Act of the 101st General Assembly.
14(Source: P.A. 100-680, eff. 1-1-19; 101-78, eff. 7-12-19;
15revised 9-12-19.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law, except that Section 10 takes effect on January
181, 2022.".