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90_SB0345eng
5 ILCS 160/3.5 new
20 ILCS 505/35.3 new
Amends the Children and Family Services Act. Provides
that all records concerning foster placement and foster
parent identifying information shall be confidential and
shall not be disclosed except as specifically authorized by
this Act, a specific court order accompanied by an order of
protection, or upon written consent of the foster parent or
parents. Provides that it is a Class A misdemeanor to permit,
assist or encourage the unauthorized release of any
information contained in such records. Amends the State
Records Act. Provides that all records concerning foster
placement and foster parent identifying information shall not
be considered records under this Act and can only be released
in accordance with the Children and Family Services Act.
Effective immediately.
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1 AN ACT regarding confidentiality of foster placement
2 records, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The State Records Act is amended by adding
6 Section 3.5 as follows:
7 (5 ILCS 160/3.5 new)
8 Sec. 3.5. Confidentiality of foster placement records.
9 All records concerning foster placement and foster parent
10 identifying information shall not be considered records under
11 this Act. These records shall be released only in accordance
12 with Section 35.3 of the Children and Family Services Act.
13 Section 10. The Children and Family Services Act is
14 amended by adding Section 35.3 as follows:
15 (20 ILCS 505/35.3 new)
16 Sec. 35.3. Confidentiality of foster parent identifying
17 information. Because foster parents accept placements into
18 their residences, it is the policy of the State of Illinois
19 to protect foster parents' addresses and telephone numbers
20 from disclosure. The Department shall adopt rules to
21 effectuate this policy and provide sufficient prior notice of
22 any authorized disclosure for foster parents to seek an order
23 of protection under Section 2-25 of the Juvenile Court Act of
24 1987.
25 Section 15. The Juvenile Court Act of 1987 is amended by
26 changing Section 2-25 as follows:
27 (705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
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1 Sec. 2-25. Order of protection.
2 (1) The court may make an order of protection in
3 assistance of or as a condition of any other order authorized
4 by this Act. The order of protection shall be based on the
5 best interests of the minor and may set forth reasonable
6 conditions of behavior to be observed for a specified period.
7 Such an order may require a person:
8 (a) To stay away from the home or the minor;
9 (b) To permit a parent to visit the minor at stated
10 periods;
11 (c) To abstain from offensive conduct against the
12 minor, his parent or any person to whom custody of the
13 minor is awarded;
14 (d) To give proper attention to the care of the
15 home;
16 (e) To cooperate in good faith with an agency to
17 which custody of a minor is entrusted by the court or
18 with an agency or association to which the minor is
19 referred by the court;
20 (f) To prohibit and prevent any contact whatsoever
21 with the respondent minor by a specified individual or
22 individuals who are alleged in either a criminal or
23 juvenile proceeding to have caused injury to a respondent
24 minor or a sibling of a respondent minor;
25 (g) To refrain from acts of commission or omission
26 that tend to make the home not a proper place for the
27 minor.
28 (h) To refrain contacting the minor and the foster
29 parents in any manner that is not specified in writing in
30 the case plan.
31 (2) The court shall enter an order of protection to
32 prohibit and prevent any contact between a respondent minor
33 or a sibling of a respondent minor and any person named in a
34 petition seeking an order of protection who has been
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1 convicted of heinous battery under Section 12-4.1, aggravated
2 battery of a child under Section 12-4.3, criminal sexual
3 assault under Section 12-13, aggravated criminal sexual
4 assault under Section 12-14, predatory criminal sexual
5 assault of a child under Section 12-14.1, criminal sexual
6 abuse under Section 12-15, or aggravated criminal sexual
7 abuse under Section 12-16 of the Criminal Code of 1961, or
8 has been convicted of an offense that resulted in the death
9 of a child, or has violated a previous order of protection
10 under this Section.
11 (3) When the court issues an order of protection against
12 any person as provided by this Section, the court shall
13 direct a copy of such order to the Sheriff of that county.
14 The Sheriff shall furnish a copy of the order of protection
15 to the Department of State Police with 24 hours of receipt,
16 in the form and manner required by the Department. The
17 Department of State Police shall maintain a complete record
18 and index of such orders of protection and make this data
19 available to all local law enforcement agencies.
20 (4) After notice and opportunity for hearing afforded to
21 a person subject to an order of protection, the order may be
22 modified or extended for a further specified period or both
23 or may be terminated if the court finds that the best
24 interests of the minor and the public will be served thereby.
25 (5) An order of protection may be sought at any time
26 during the course of any proceeding conducted pursuant to
27 this Act if such an order is in the best interests of the
28 minor. Any person against whom an order of protection is
29 sought may retain counsel to represent him at a hearing, and
30 has rights to be present at the hearing, to be informed prior
31 to the hearing in writing of the contents of the petition
32 seeking a protective order and of the date, place and time of
33 such hearing, and to cross examine witnesses called by the
34 petitioner and to present witnesses and argument in
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1 opposition to the relief sought in the petition.
2 (6) Diligent efforts shall be made by the petitioner to
3 serve any person or persons against whom any order of
4 protection is sought with written notice of the contents of
5 the petition seeking a protective order and of the date,
6 place and time at which the hearing on the petition is to be
7 held. When a protective order is being sought in conjunction
8 with a temporary custody hearing, if the court finds that the
9 person against whom the protective order is being sought has
10 been notified of the hearing or that diligent efforts have
11 been made to notify such person, the court may conduct a
12 hearing. If a protective order is sought at any time other
13 than in conjunction with a temporary custody hearing, the
14 court may not conduct a hearing on the petition in the
15 absence of the person against whom the order is sought unless
16 the petitioner has notified such person by personal service
17 at least 3 days before the hearing or has sent written
18 notice by first class mail to such person's last known
19 address at least 5 days before the hearing.
20 (7) A person against whom an order of protection is
21 being sought who is neither a parent, guardian, legal
22 custodian or responsible relative as described in Section 1-5
23 is not a party or respondent as defined in that Section and
24 shall not be entitled to the rights provided therein. Such
25 person does not have a right to appointed counsel or to be
26 present at any hearing other than the hearing in which the
27 order of protection is being sought or a hearing directly
28 pertaining to that order. Unless the court orders otherwise,
29 such person does not have a right to inspect the court file.
30 (8) All protective orders entered under this Section
31 shall be in writing. Unless the person against whom the
32 order was obtained was present in court when the order was
33 issued, the sheriff, other law enforcement official or
34 special process server shall promptly serve that order upon
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1 that person and file proof of such service, in the manner
2 provided for service of process in civil proceedings. The
3 person against whom the protective order was obtained may
4 seek a modification of the order by filing a written motion
5 to modify the order within 7 days after actual receipt by the
6 person of a copy of the order. Any modification of the order
7 granted by the court must be determined to be consistent with
8 the best interests of the minor.
9 (Source: P.A. 88-7; 89-428, eff. 12-13-95; 89-462, eff.
10 5-29-96.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.