Illinois General Assembly - Full Text of SB1904
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB1904  102nd General Assembly

SB1904sam002 102ND GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 4/16/2021

 

 


 

 


 
10200SB1904sam002LRB102 11580 KTG 25208 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

 

 

10200SB1904sam002- 2 -LRB102 11580 KTG 25208 a

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

 

 

10200SB1904sam002- 3 -LRB102 11580 KTG 25208 a

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.)
 

 

 

10200SB1904sam002- 4 -LRB102 11580 KTG 25208 a

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

 

 

10200SB1904sam002- 5 -LRB102 11580 KTG 25208 a

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

 

 

10200SB1904sam002- 6 -LRB102 11580 KTG 25208 a

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

 

 

10200SB1904sam002- 7 -LRB102 11580 KTG 25208 a

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 99. Effective date. This Act takes effect upon
11becoming law.".