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90_HB3261
5 ILCS 140/2 from Ch. 116, par. 202
225 ILCS 10/3 from Ch. 23, par. 2213
225 ILCS 10/4.3 from Ch. 23, par. 2214.3
225 ILCS 10/8 from Ch. 23, par. 2218
225 ILCS 10/8.1 from Ch. 23, par. 2218.1
225 ILCS 10/12 from Ch. 23, par. 2222
225 ILCS 10/18 from Ch. 23, par. 2228
325 ILCS 5/6.5 new
325 ILCS 5/7.4 from Ch. 23, par. 2057.4
325 ILCS 5/7.8 from Ch. 23, par. 2057.8
325 ILCS 5/7.17 from Ch. 23, par. 2057.17
325 ILCS 5/9 from Ch. 23, par. 2059
325 ILCS 5/11 from Ch. 23, par. 2061
325 ILCS 5/11.1 from Ch. 23, par. 2061.1
325 ILCS 5/11.3 from Ch. 23, par. 2061.3
Amends the Freedom of Information Act, the Child Care Act
of 1969, and the Abused and Neglected Child Reporting Act.
Provides that complaints and results of complaints of
licensing violations at day care facilities are public
records. Requires persons who receive children for care, day
care centers, day care homes, and day care agencies to
provide information to the Illinois Department of Children
and Family Services upon notification of an investigation for
abuse or neglect. Provides that certain facilities for child
care shall not advertise while under investigation.
LRB9009544LDbd
LRB9009544LDbd
1 AN ACT in relation to child care, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5 changing Section 2 as follows:
6 (5 ILCS 140/2) (from Ch. 116, par. 202)
7 Sec. 2. Definitions. As used in this Act:
8 (a) "Public body" means any legislative, executive,
9 administrative, or advisory bodies of the State, state
10 universities and colleges, counties, townships, cities,
11 villages, incorporated towns, school districts and all other
12 municipal corporations, boards, bureaus, committees, or
13 commissions of this State, and any subsidiary bodies of any
14 of the foregoing including but not limited to committees and
15 subcommittees which are supported in whole or in part by tax
16 revenue, or which expend tax revenue. "Public body" does not
17 include a child death review team established under the Child
18 Death Review Team Act.
19 (b) "Person" means any individual, corporation,
20 partnership, firm, organization or association, acting
21 individually or as a group.
22 (c) "Public records" means all records, reports, forms,
23 writings, letters, memoranda, books, papers, maps,
24 photographs, microfilms, cards, tapes, recordings, electronic
25 data processing records, recorded information and all other
26 documentary materials, regardless of physical form or
27 characteristics, having been prepared, or having been or
28 being used, received, possessed or under the control of any
29 public body. "Public records" includes, but is expressly not
30 limited to: (i) administrative manuals, procedural rules,
31 and instructions to staff, unless exempted by Section 7(p) of
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1 this Act; (ii) final opinions and orders made in the
2 adjudication of cases, except an educational institution's
3 adjudication of student or employee grievance or disciplinary
4 cases; (iii) substantive rules; (iv) statements and
5 interpretations of policy which have been adopted by a public
6 body; (v) final planning policies, recommendations, and
7 decisions; (vi) factual reports, inspection reports, and
8 studies whether prepared by or for the public body; (vii) all
9 information in any account, voucher, or contract dealing with
10 the receipt or expenditure of public or other funds of public
11 bodies; (viii) the names, salaries, titles, and dates of
12 employment of all employees and officers of public bodies;
13 (ix) materials containing opinions concerning the rights of
14 the state, the public, a subdivision of state or a local
15 government, or of any private persons; (x) the name of every
16 official and the final records of voting in all proceedings
17 of public bodies; (xi) applications for any contract, permit,
18 grant, or agreement except as exempted from disclosure by
19 subsection (g) of Section 7 of this Act; (xii) each report,
20 document, study, or publication prepared by independent
21 consultants or other independent contractors for the public
22 body; (xiii) all other information required by law to be made
23 available for public inspection or copying; (xiv) information
24 relating to any grant or contract made by or between a public
25 body and another public body or private organization; and
26 (xv) waiver documents filed with the State Superintendent of
27 Education or the president of the University of Illinois
28 under Section 30-12.5 of the School Code, concerning nominees
29 for General Assembly scholarships under Sections 30-9, 30-10,
30 and 30-11 of the School Code; and (xvi) complaints and
31 results of complaints of licensing violations at day care
32 facilities licensed under the Child Care Act of 1969,
33 provided that personal and identifying information is not
34 released.
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1 (d) "Copying" means the reproduction of any public
2 record by means of any photographic, electronic, mechanical
3 or other process, device or means.
4 (e) "Head of the public body" means the president,
5 mayor, chairman, presiding officer, director, superintendent,
6 manager, supervisor or individual otherwise holding primary
7 executive and administrative authority for the public body,
8 or such person's duly authorized designee.
9 (f) "News media" means a newspaper or other periodical
10 issued at regular intervals, a news service, a radio station,
11 a television station, a community antenna television service,
12 or a person or corporation engaged in making news reels or
13 other motion picture news for public showing.
14 (Source: P.A. 89-681, eff. 12-13-96; 90-144, eff. 7-23-97.)
15 Section 10. The Child Care Act of 1969 is amended by
16 changing Sections 3, 4.3, 8, 8.1, 12, and 18 as follows:
17 (225 ILCS 10/3) (from Ch. 23, par. 2213)
18 Sec. 3. (a) No person, group of persons or corporation
19 may operate or conduct any facility for child care, as
20 defined in this Act, without a license or permit issued by
21 the Department or without being approved by the Department as
22 meeting the standards established for such licensing, with
23 the exception of facilities for whom standards are
24 established by the Department of Corrections under Section
25 3-15-2 of the Unified Code of Corrections and with the
26 exception of facilities defined in Section 2.10 of this Act,
27 and with the exception of programs or facilities licensed by
28 the Department of Human Services under the Alcoholism and
29 Other Drug Abuse and Dependency Act.
30 (b) No part day child care facility as described in
31 Section 2.10 may operate without written notification to the
32 Department or without complying with Section 7.1.
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1 Notification shall include a notarized statement by the
2 facility that the facility complies with state or local
3 health standards and state fire safety standards, and shall
4 be filed with the department every 2 years.
5 (b-5) No person who receives children for care, day care
6 center, day care home, or day care agency as described in
7 Section 2.10 may operate without providing a complete and
8 detailed listing of all children, their parents, and their
9 home addresses to the Department within 48 hours of the
10 notification of an investigation of the person who received
11 children for care or any person at the day care center, day
12 care home, or day care agency for abuse or neglect.
13 (c) The Director of the Department shall establish
14 policies and coordinate activities relating to child care
15 licensing, licensing of day care homes and day care centers.
16 (d) Any facility or agency which is exempt from
17 licensing may apply for licensing if licensing is required
18 for some government benefit.
19 (Source: P.A. 88-670, eff. 12-2-94; 89-507, eff. 7-1-97.)
20 (225 ILCS 10/4.3) (from Ch. 23, par. 2214.3)
21 Sec. 4.3. Child Abuse and Neglect Reports. All child
22 care facility license applicants and all current and
23 prospective employees of a child care facility who have any
24 possible contact with children in the course of their duties,
25 as a condition of such licensure or employment, shall
26 authorize in writing on a form prescribed by the Department
27 an investigation of the Central Register, as defined in the
28 Abused and Neglected Child Reporting Act, to ascertain if
29 such applicant or employee has been determined to be a
30 perpetrator in an indicated report of child abuse or neglect.
31 All child care facilities as a condition of licensure
32 pursuant to this Act shall maintain such information which
33 demonstrates that all current employees and other applicants
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1 for employment who have any possible contact with children in
2 the course of their duties have authorized an investigation
3 of the Central Register as hereinabove required. Only those
4 current or prospective employees who will have no possible
5 contact with children as part of their present or prospective
6 employment may be excluded from provisions requiring
7 authorization of an investigation. A day care home, day care
8 center, or day care agency, as a condition of licensure under
9 this Act, shall make available to the Department immediately
10 upon request a complete and detailed listing of all children
11 enrolled at its facility, including the names and addresses
12 of all parents of those children. A person who accepts
13 children for care, regardless of whether he or she is
14 eligible or exempt from licensing requirements, shall make
15 available to the Department immediately upon request a
16 complete and detailed listing of all children enrolled at his
17 or her facility, including the names and addresses of all
18 parents of those children.
19 Such information concerning a license applicant, employee
20 or prospective employee obtained by the Department shall be
21 confidential and exempt from public inspection and copying as
22 provided under Section 7 of The Freedom of Information Act,
23 and such information shall not be transmitted outside the
24 Department, except as provided in the Abused and Neglected
25 Child Reporting Act, and shall not be transmitted to anyone
26 within the Department except as provided in the Abused and
27 Neglected Child Reporting Act, and shall not be transmitted
28 to anyone within the Department except as needed for the
29 purposes of evaluation of an application for licensure or for
30 consideration by a child care facility of an employee. Any
31 employee of the Department of Children and Family Services
32 under this Section who gives or causes to be given any
33 confidential information concerning any child abuse or
34 neglect reports about a child care facility applicant, child
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1 care facility employee, shall be guilty of a Class A
2 misdemeanor, unless release of such information is authorized
3 by Section 11.1 of the Abused and Neglected Child Reporting
4 Act.
5 Additionally, any licensee who is informed by the
6 Department of Children and Family Services, pursuant to
7 Section 7.4 of the Abused and Neglected Child Reporting Act,
8 approved June 26, 1975, as amended, that a formal
9 investigation has commenced relating to an employee of the
10 child care facility or any other person in frequent contact
11 with children at the facility, shall take reasonable action
12 necessary to insure that the employee or other person is
13 restricted during the pendency of the investigation from
14 contact with children whose care has been entrusted to the
15 facility.
16 (Source: P.A. 86-1420.)
17 (225 ILCS 10/8) (from Ch. 23, par. 2218)
18 Sec. 8. The Department may revoke or refuse to renew the
19 license of any child care facility or refuse to issue full
20 license to the holder of a permit should the licensee or
21 holder of a permit:
22 (1) fail to maintain standards prescribed and published
23 by the Department;
24 (2) violate any of the provisions of the license issued;
25 (3) furnish or make any misleading or any false
26 statement or report to the Department;
27 (4) refuse to submit to the Department any reports or
28 refuse to make available to the Department any records
29 required by the Department in making investigation of the
30 facility for licensing purposes;
31 (5) fail or refuse to submit to an investigation by the
32 Department;
33 (6) fail or refuse to admit authorized representatives
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1 of the Department at any reasonable time for the purpose of
2 investigation;
3 (7) fail to provide, maintain, equip and keep in safe
4 and sanitary condition premises established or used for child
5 care as required under standards prescribed by the
6 Department, or as otherwise required by any law, regulation
7 or ordinance applicable to the location of such facility;
8 (8) refuse to display its license or permit;
9 (9) be the subject of an indicated report under Section
10 3 of the "Abused and Neglected Child Reporting Act" or fail
11 to discharge or sever affiliation with the child care
12 facility of an employee or volunteer at the facility with
13 direct contact with children who is the subject of an
14 indicated report under Section 3 of that Act;
15 (9.5) fail or refuse to provide the Department with a
16 complete and detailed listing, including the names and
17 addresses of parents, of all children cared for or enrolled
18 by the child care facility within 48 hours of the
19 notification that an investigation for abuse or neglect
20 involving the child care facility or a person in its employ
21 has been commenced;
22 (10) fail to comply with the provisions of Section 7.1;
23 (11) fail to exercise reasonable care in the hiring,
24 training and supervision of facility personnel;
25 (12) fail to report suspected abuse or neglect of
26 children within the facility, as required by the Abused and
27 Neglected Child Reporting Act;
28 (13) fail to comply with Section 5.1. of this Act; or
29 (14) be identified in an investigation by the Department
30 as an addict or alcoholic, as defined in the Alcoholism and
31 Other Drug Abuse and Dependency Act, or be a person whom the
32 Department knows has abused alcohol or drugs, and has not
33 successfully participated in treatment, self-help groups or
34 other suitable activities, and the Department determines that
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1 because of such abuse the licensee, holder of the permit, or
2 any other person directly responsible for the care and
3 welfare of the children served, does not comply with
4 standards relating to character, suitability or other
5 qualifications established under Section 7 of this Act.
6 (Source: P.A. 88-670, eff. 12-2-94.)
7 (225 ILCS 10/8.1) (from Ch. 23, par. 2218.1)
8 Sec. 8.1. The Department shall revoke or refuse to renew
9 the license of any child care facility or refuse to issue a
10 full license to the holder of a permit should the licensee or
11 holder of a permit:
12 (1) fail to correct any condition which jeopardizes the
13 health, safety, morals, or welfare of children served by the
14 facility;
15 (2) fail to correct any condition or occurrence relating
16 to the operation or maintenance of the facility comprising a
17 violation under Section 8 of this Act;or
18 (3) fail to maintain financial resources adequate for the
19 satisfactory care of children served in regard to upkeep of
20 premises, and provisions for personal care, medical services,
21 clothing, education and other essentials in the proper care,
22 rearing and training of children; or.
23 (4) fail or refuse to provide the Department with a
24 complete and detailed listing, including the names and
25 addresses of parents, of all children cared for or enrolled
26 by the licensee within 48 hours of the notification that an
27 investigation for abuse or neglect involving the licensee or
28 a person in his or her employ has been commenced.
29 (Source: P.A. 83-1362.)
30 (225 ILCS 10/12) (from Ch. 23, par. 2222)
31 Sec. 12. A child care facility licensed or operating
32 under a permit issued by the Department may publish
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1 advertisements of the services for which it is specifically
2 licensed or issued a permit under this Act. No person, unless
3 licensed or holding a permit as a child care facility, may
4 cause to be published any advertisement soliciting a child or
5 children for care or placement or offering a child or
6 children for care or placement. A child care facility
7 licensed or operating under a permit issued by the Department
8 may not publish advertisements of the services for which it
9 is specifically licensed or holding a permit as a child care
10 facility during the pendency of an investigation for abuse or
11 neglect or a violation of this Act or rules adopted pursuant
12 to this Act.
13 (Source: P.A. 76-63.)
14 (225 ILCS 10/18) (from Ch. 23, par. 2228)
15 Sec. 18. Any person, group of persons, association or
16 corporation who
17 (1) conducts, operates or acts as a child care facility
18 without a license or permit to do so in violation of Section
19 3 of this Act;
20 (2) makes materially false statements in order to obtain
21 a license or permit;
22 (3) fails to keep the records and make the reports
23 provided under this Act;
24 (4) advertises any service not authorized by license or
25 permit held;
26 (4.5) advertises any service during the pendency of an
27 investigation for abuse or neglect or a violation of this Act
28 or rules adopted pursuant to this Act;
29 (4.6) during the pendency of an investigation, accepts
30 for care or enrolls a child who was not enrolled on the date
31 of commencement of an investigation;
32 (5) publishes any advertisement in violation of this
33 Act;
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1 (6) receives within this State any child in violation of
2 Section 16 of this Act; or
3 (7) violates any other provision of this Act or any
4 reasonable rule or regulation adopted and published by the
5 Department for the enforcement of the provisions of this Act,
6 is guilty of a Class A misdemeanor and in case of an
7 association or corporation, imprisonment may be imposed upon
8 its officers who knowingly participated in the violation.
9 Any child care facility that continues to operate after
10 its license is revoked under Section 8 of this Act or after
11 its license expires and the Department refused to renew the
12 license as provided in Section 8 of this Act is guilty of a
13 business offense and shall be fined an amount in excess of
14 $500 but not exceeding $10,000, and each day of violation is
15 a separate offense.
16 In a prosecution under this Act, a defendant who relies
17 upon the relationship of any child to himself has the burden
18 of proof as to that relationship.
19 (Source: P.A. 83-1362.)
20 Section 15. The Abused and Neglected Child Reporting Act
21 is amended by changing Sections 7.4, 7.8, 7.17, 9, 11, 11.1,
22 and 11.3, and adding Section 6.5 as follows:
23 (325 ILCS 5/6.5 new)
24 Sec. 6.5. A person required to investigate cases of
25 suspected child abuse or neglect may obtain the name and
26 address of all parents whose children are enrolled in the
27 child care facility employing the person alleged to have
28 committed the abuse or neglect.
29 (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
30 Sec. 7.4. (a) The Department shall be capable of
31 receiving reports of suspected child abuse or neglect 24
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1 hours a day, 7 days a week. Whenever the Department receives
2 a report alleging that a child is a truant as defined in
3 Section 26-2a of The School Code, as now or hereafter
4 amended, the Department shall notify the superintendent of
5 the school district in which the child resides and the
6 appropriate superintendent of the educational service region.
7 The notification to the appropriate officials by the
8 Department shall not be considered an allegation of abuse or
9 neglect under this Act.
10 (b) (1) The following procedures shall be followed
11 in the investigation of all reports of suspected abuse or
12 neglect of a child, except as provided in subsection (c)
13 of this Section.
14 (2) If it appears that the immediate safety or
15 well-being of a child is endangered, that the family may
16 flee or the child disappear, or that the facts otherwise
17 so warrant, the Child Protective Service Unit shall
18 commence an investigation immediately, regardless of the
19 time of day or night. In all other cases, investigation
20 shall be commenced within 24 hours of receipt of the
21 report. Upon receipt of a report, the Child Protective
22 Service Unit shall make an initial investigation and an
23 initial determination whether the report is a good faith
24 indication of alleged child abuse or neglect.
25 (3) If the Unit determines the report is a good
26 faith indication of alleged child abuse or neglect, then
27 a formal investigation shall commence and, pursuant to
28 Section 7.12 of this Act, may or may not result in an
29 indicated report. The formal investigation shall
30 include: direct contact with the subject or subjects of
31 the report as soon as possible after the report is
32 received; an evaluation of the environment of the child
33 named in the report and any other children in the same
34 environment; a determination of the risk to such children
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1 if they continue to remain in the existing environments,
2 as well as a determination of the nature, extent and
3 cause of any condition enumerated in such report; the
4 name, age and condition of other children in the
5 environment; and an evaluation as to whether there would
6 be an immediate and urgent necessity to remove the child
7 from the environment if appropriate family preservation
8 services were provided. After seeing to the safety of
9 the child or children, the Department shall forthwith
10 notify the subjects of the report in writing, of the
11 existence of the report and their rights existing under
12 this Act in regard to amendment or expungement. To
13 fulfill the requirements of this Section, the Child
14 Protective Service Unit shall have the capability of
15 providing or arranging for comprehensive emergency
16 services to children and families at all times of the day
17 or night.
18 (4) If (i) at the conclusion of the Unit's initial
19 investigation of a report, the Unit determines the report
20 to be a good faith indication of alleged child abuse or
21 neglect that warrants a formal investigation by the Unit,
22 the Department, any law enforcement agency or any other
23 responsible agency and (ii) the person who is alleged to
24 have caused the abuse or neglect is employed or otherwise
25 engaged in an activity resulting in frequent contact with
26 children and the alleged abuse or neglect is are in the
27 course of such employment or activity, then the
28 Department shall, except in investigations where the
29 Director determines that such notification would be
30 detrimental to the Department's investigation, inform the
31 appropriate supervisor or administrator of that
32 employment or activity and inform the parents of any
33 child enrolled at the child care facility if the person
34 is employed at such a facility that the Unit has
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1 commenced a formal investigation pursuant to this Act,
2 which may or may not result in an indicated report. The
3 Department shall also notify the person being
4 investigated, unless the Director determines that such
5 notification would be detrimental to the Department's
6 investigation.
7 (c) In an investigation of a report of suspected abuse
8 or neglect of a child by a school employee at a school or on
9 school grounds, the Department shall make reasonable efforts
10 to follow the following procedures:
11 (1) Investigations involving teachers shall not, to
12 the extent possible, be conducted when the teacher is
13 scheduled to conduct classes. Investigations involving
14 other school employees shall be conducted so as to
15 minimize disruption of the school day. The school
16 employee accused of child abuse or neglect may have his
17 superior, his association or union representative and his
18 attorney present at any interview or meeting at which the
19 teacher or administrator is present. The accused school
20 employee shall be informed by a representative of the
21 Department, at any interview or meeting, of the accused
22 school employee's due process rights and of the steps in
23 the investigation process. The information shall include,
24 but need not necessarily be limited to the right, subject
25 to the approval of the Department, of the school employee
26 to confront the accuser, if the accuser is 14 years of
27 age or older, or the right to review the specific
28 allegations which gave rise to the investigation, and the
29 right to review all materials and evidence that have been
30 submitted to the Department in support of the allegation.
31 These due process rights shall also include the right of
32 the school employee to present countervailing evidence
33 regarding the accusations.
34 (2) If a report of neglect or abuse of a child by a
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1 teacher or administrator does not involve allegations of
2 sexual abuse or extreme physical abuse, the Child
3 Protective Service Unit shall make reasonable efforts to
4 conduct the initial investigation in coordination with
5 the employee's supervisor.
6 If the Unit determines that the report is a good
7 faith indication of potential child abuse or neglect, it
8 shall then commence a formal investigation under
9 paragraph (3) of subsection (b) of this Section.
10 (3) If a report of neglect or abuse of a child by a
11 teacher or administrator involves an allegation of sexual
12 abuse or extreme physical abuse, the Child Protective
13 Unit shall commence an investigation under paragraph (2)
14 of subsection (b) of this Section.
15 (d) If the Department has contact with an employer in
16 the course of its investigation, the Department shall notify
17 the employer, in writing, when a report is unfounded so that
18 any record of the investigation can be expunged from the
19 employee's personnel records. The Department shall also
20 notify any parent of a child enrolled in a child care
21 facility who has been informed of the pendency of an
22 investigation when the report is unfounded. The Department
23 shall also notify the employee, in writing, that notification
24 has been sent to the employer and to the parents of children
25 enrolled in a child care facility informing them the employer
26 that the Department's investigation has resulted in an
27 unfounded report.
28 (e) Upon request by the Department, the Department of
29 State Police and law enforcement agencies are authorized to
30 provide criminal history record information as defined in
31 the Illinois Uniform Conviction Information Act and
32 information maintained in the adjudicatory and dispositional
33 record system as defined in subdivision (A)19 of Section 55a
34 of the Civil Administrative Code of Illinois to properly
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1 designated employees of the Department of Children and Family
2 Services if the Department determines the information is
3 necessary to perform its duties under the Abused and
4 Neglected Child Reporting Act, the Child Care Act of 1969,
5 and the Children and Family Services Act. The request shall
6 be in the form and manner required by the Department of State
7 Police. Any information obtained by the Department of
8 Children and Family Services under this Section is
9 confidential and may not be transmitted outside the
10 Department of Children and Family Services other than to a
11 court of competent jurisdiction or unless otherwise
12 authorized by law. Any employee of the Department of Children
13 and Family Services who transmits confidential information in
14 violation of this Section or causes the information to be
15 transmitted in violation of this Section is guilty of a Class
16 A misdemeanor unless the transmittal of the information is
17 authorized by this Section or otherwise authorized by law.
18 (Source: P.A. 87-400; 88-614, eff. 9-7-94.)
19 (325 ILCS 5/7.8) (from Ch. 23, par. 2057.8)
20 Sec. 7.8. Upon receiving an oral or written report of
21 suspected child abuse or neglect, the Department shall
22 immediately notify, either orally or electronically, the
23 Child Protective Service Unit of a previous report concerning
24 a subject of the present report or other pertinent
25 information. In addition, upon satisfactory identification
26 procedures, to be established by Department regulation, any
27 person authorized to have access to records under Section
28 11.1 relating to child abuse and neglect may request and
29 shall be immediately provided the information requested in
30 accordance with this Act. However, no information shall be
31 released unless it prominently states the report is
32 "indicated", and only information from "indicated" reports
33 shall be released, except that information concerning pending
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1 reports may be released to any person authorized under
2 paragraphs (1), (2), (3), and (11), and 15.5 of Section 11.1.
3 In addition, State's Attorneys are authorized to receive
4 unfounded reports for prosecution purposes related to the
5 transmission of false reports of child abuse or neglect in
6 violation of subsection (a), paragraph (7) of Section 26-1 of
7 the Criminal Code of 1961 and guardians ad litem appointed
8 under Article II of the Juvenile Court Act of 1987 shall
9 receive the classified reports set forth in Section 7.14 of
10 this Act in conformance with paragraph (19) of Section 11.1
11 and Section 7.14 of this Act. The names and other identifying
12 data and the dates and the circumstances of any persons
13 requesting or receiving information from the central register
14 shall be entered in the register record.
15 (Source: P.A. 86-904; 86-1293; 87-649.)
16 (325 ILCS 5/7.17) (from Ch. 23, par. 2057.17)
17 Sec. 7.17. To the fullest extent possible, written
18 notice of any amendment, expunction, or removal of any record
19 made under this Act shall be served upon each subject of such
20 report and the appropriate Child Protective Service Unit.
21 Upon receipt of such notice, the Child Protective Service
22 Unit shall take similar action in regard to the local child
23 abuse and neglect index and shall inform, for the same
24 purpose, any other individuals or agencies which received
25 such record under this Act or in any other manner, including
26 parents of children enrolled in an affected child care
27 facility. Nothing in this Section is intended to require the
28 destruction of case records.
29 (Source: P.A. 81-1077.)
30 (325 ILCS 5/9) (from Ch. 23, par. 2059)
31 Sec. 9. Any person, institution or agency, under this
32 Act, participating in good faith in the making of a report or
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1 referral, or in the investigation of such a report or
2 referral or in the taking of photographs and x-rays or in the
3 retaining a child in temporary protective custody or in
4 making a disclosure of information concerning reports of
5 child abuse and neglect in compliance with Sections 4.2 and
6 11.1 of this Act shall have immunity from any liability,
7 civil or, criminal, or that otherwise might result by reason
8 of such actions. Any person, institution, or agency under
9 this Act disclosing the pendency or determination of
10 classification of a report of abuse or neglect at a child
11 care facility to any parent of a child enrolled at the
12 facility shall have immunity from any liability, civil or
13 criminal, that otherwise might result by reason of such
14 actions. For the purpose of any proceedings, civil or
15 criminal, the good faith of any persons required to report or
16 refer, or permitted to report, cases of suspected child abuse
17 or neglect or permitted to refer individuals under this Act
18 or required to disclose information concerning reports of
19 child abuse and neglect in compliance with Sections 4.2 and
20 11.1 of this Act, shall be presumed.
21 (Source: P.A. 90-15, eff. 6-13-97.)
22 (325 ILCS 5/11) (from Ch. 23, par. 2061)
23 Sec. 11. All records concerning reports of child abuse
24 and neglect or records concerning referrals under this Act
25 and all records generated as a result of such reports or
26 referrals, shall be confidential and shall not be disclosed
27 except as specifically authorized by this Act or other
28 applicable law. All information concerning the pendency of a
29 child abuse or neglect investigation and subsequent
30 determination of classification of the report shall be
31 confidential and shall not be disclosed or re-disclosed
32 except as specifically authorized by this Act or other
33 applicable law. It is a Class A misdemeanor to permit,
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1 assist, or encourage the unauthorized release of any
2 information contained in such reports, referrals or records.
3 Nothing contained in this Section prevents the sharing or
4 disclosure of records relating or pertaining to the death of
5 a minor under the care of or receiving services from the
6 Department of Children and Family Services and under the
7 jurisdiction of the juvenile court with the juvenile court,
8 the State's Attorney, and the minor's attorney.
9 (Source: P.A. 90-15, eff. 6-13-97.)
10 (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
11 Sec. 11.1. Access to records. A person shall have
12 access to the records described in Section 11 only in
13 furtherance of purposes directly connected with the
14 administration of this Act or the Intergovernmental Missing
15 Child Recovery Act of 1984. Those persons and purposes for
16 access include:
17 (1) Department staff in the furtherance of their
18 responsibilities under this Act, or for the purpose of
19 completing background investigations on persons or
20 agencies licensed by the Department or with whom the
21 Department contracts for the provision of child welfare
22 services.
23 (2) A law enforcement agency investigating known or
24 suspected child abuse or neglect, known or suspected
25 involvement with child pornography, known or suspected
26 criminal sexual assault, known or suspected criminal
27 sexual abuse, or any other sexual offense when a child is
28 alleged to be involved.
29 (3) The Department of State Police when
30 administering the provisions of the Intergovernmental
31 Missing Child Recovery Act of 1984.
32 (4) A physician who has before him a child whom he
33 reasonably suspects may be abused or neglected.
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1 (5) A person authorized under Section 5 of this Act
2 to place a child in temporary protective custody when
3 such person requires the information in the report or
4 record to determine whether to place the child in
5 temporary protective custody.
6 (6) A person having the legal responsibility or
7 authorization to care for, treat, or supervise a child or
8 a parent, guardian, or other person responsible for the
9 child's welfare who is the subject of a report.
10 (7) Except in regard to harmful or detrimental
11 information as provided in Section 7.19, any subject of
12 the report, and if the subject of the report is a minor,
13 his guardian or guardian ad litem.
14 (8) A court, upon its finding that access to such
15 records may be necessary for the determination of an
16 issue before such court; however, such access shall be
17 limited to in camera inspection, unless the court
18 determines that public disclosure of the information
19 contained therein is necessary for the resolution of an
20 issue then pending before it.
21 (8.1) A probation officer or other authorized
22 representative of a probation or court services
23 department conducting an investigation ordered by a court
24 under the Juvenile Court Act of l987.
25 (9) A grand jury, upon its determination that
26 access to such records is necessary in the conduct of its
27 official business.
28 (10) Any person authorized by the Director, in
29 writing, for audit or bona fide research purposes.
30 (11) Law enforcement agencies, coroners or medical
31 examiners, physicians, courts, school superintendents and
32 child welfare agencies in other states who are
33 responsible for child abuse or neglect investigations or
34 background investigations.
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1 (12) The Department of Professional Regulation, the
2 State Board of Education and school superintendents in
3 Illinois, who may use or disclose information from the
4 records as they deem necessary to conduct investigations
5 or take disciplinary action, as provided by law.
6 (13) A coroner or medical examiner who has reason
7 to believe that a child has died as the result of abuse
8 or neglect.
9 (14) The Director of a State-operated facility when
10 an employee of that facility is the perpetrator in an
11 indicated report.
12 (15) The operator of a licensed child care facility
13 or a facility licensed by the Department of Human
14 Services (as successor to the Department of Alcoholism
15 and Substance Abuse) in which children reside when a
16 current or prospective employee of that facility is the
17 perpetrator in an indicated child abuse or neglect
18 report, pursuant to Section 4.3 of the Child Care Act of
19 1969.
20 (15.5) The parents of any child enrolled at a child
21 care facility when a current employee of that facility is
22 the alleged perpetrator of sexual abuse or extreme
23 physical abuse (or abuse or neglect priority one report),
24 as such term (or report) is defined by Department rule.
25 (16) Members of a multidisciplinary team in the
26 furtherance of its responsibilities under subsection (b)
27 of Section 7.1. All reports concerning child abuse and
28 neglect made available to members of such
29 multidisciplinary teams and all records generated as a
30 result of such reports shall be confidential and shall
31 not be disclosed, except as specifically authorized by
32 this Act or other applicable law. It is a Class A
33 misdemeanor to permit, assist or encourage the
34 unauthorized release of any information contained in such
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1 reports or records. Nothing contained in this Section
2 prevents the sharing of reports or records relating or
3 pertaining to the death of a minor under the care of or
4 receiving services from the Department of Children and
5 Family Services and under the jurisdiction of the
6 juvenile court with the juvenile court, the State's
7 Attorney, and the minor's attorney.
8 (17) The Department of Human Services, as provided
9 in Section 17 of the Disabled Persons Rehabilitation Act.
10 (18) Any other agency or investigative body,
11 including the Department of Public Health and a local
12 board of health, authorized by State law to conduct an
13 investigation into the quality of care provided to
14 children in hospitals and other State regulated care
15 facilities. The access to and release of information
16 from such records shall be subject to the approval of the
17 Director of the Department or his designee.
18 (19) The person appointed, under Section 2-17 of
19 the Juvenile Court Act, as the guardian ad litem of a
20 minor who is the subject of a report or records under
21 this Act.
22 (20) Nothing contained in this Act prevents the
23 sharing or disclosure of information or records relating
24 or pertaining to juveniles subject to the provisions of
25 the Serious Habitual Offender Comprehensive Action
26 Program when that information is used to assist in the
27 early identification and treatment of habitual juvenile
28 offenders.
29 (20.5) Nothing contained in this Act prevents the
30 sharing or disclosure of information relating to alleged
31 incidents of abuse at a child care facility with the
32 parents of children enrolled at the child care facility
33 at the time of receipt of the allegation or any time
34 thereafter, up to and including the completion of the
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1 investigation. In all instances where disclosure of
2 information is made pursuant to paragraph (15.5), the
3 Department shall disclose the results of the
4 investigation to all parents of children notified of the
5 pendency of the investigation. The Department shall
6 adopt such rules as may be necessary to ensure that the
7 disclosure of information is limited to such information
8 as it deems vital to the protection and monitoring of
9 children at the child care facility. In no instance
10 shall the Department disclose such information, including
11 the pendency of the report, to persons not authorized to
12 receive that information. The Department shall not
13 disclose any information except as specifically
14 enumerated in this Section.
15 (21) To the extent that persons or agencies are
16 given access to information pursuant to this Section,
17 those persons or agencies may give this information to
18 and receive this information from each other in order to
19 facilitate an investigation conducted by those persons or
20 agencies.
21 (Source: P.A. 89-507, eff. 7-1-97; 90-15, eff. 6-13-97.)
22 (325 ILCS 5/11.3) (from Ch. 23, par. 2061.3)
23 Sec. 11.3. A person given access to the names or other
24 information identifying the subjects of the report, except
25 the subject of the report, shall not make public such
26 identifying information unless he is a State's attorney or
27 other law enforcement official and the purpose is to initiate
28 court action. A parent of a child at a child care facility
29 shall not make public any information received from the
30 Department concerning the pendency of an investigation or the
31 determination that an investigation is unfounded. Violation
32 of this Section is a Class A misdemeanor.
33 (Source: P.A. 81-1077.)