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90_SB0853enr
325 ILCS 5/11.1a new
Amends the Abused and Neglected Child Reporting Act.
Provides that the Department of Children and Family Services
may disclose information regarding the abuse and neglect of
children, the investigation thereof, and any services related
thereto if the disclosure is not contrary to the best
interests of the child, the child's siblings, or other
children in the household and other conditions are met.
Prescribes information to be disclosed.
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1 AN ACT to amend the Abused and Neglected Child Reporting
2 Act by adding Section 11.1a.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Abused and Neglected Child Reporting Act
6 is amended by adding Section 11.1a as follows:
7 (325 ILCS 5/11.1a new)
8 Sec. 11.1a. Disclosure of information.
9 (a) The Director or a person designated in writing by
10 the Director for this purpose may disclose information
11 regarding the abuse or neglect of a child as set forth in
12 this Section, the investigation thereof, and any services
13 related thereto, if he or she determines that such disclosure
14 is not contrary to the best interests of the child, the
15 child's siblings, or other children in the household, and one
16 of the following factors are present:
17 (1) The subject of the report has been criminally
18 charged with committing a crime related to the child
19 abuse or neglect report; or
20 (2) A law enforcement agency or official, a State's
21 Attorney, or a judge of the State court system has
22 publicly disclosed in a report as part of his or her
23 official duty, information regarding the investigation of
24 a report or the provision of services by the Department;
25 or
26 (3) An adult subject of the report has knowingly
27 and voluntarily made a public disclosure concerning a
28 Child Abuse and Neglect Tracking System report; or
29 (4) The child named in the report has been
30 critically injured or died.
31 (b) Information may be disclosed pursuant to this
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1 Section as follows:
2 (1) The name of the alleged abused or neglected
3 child.
4 (2) The current status of the investigation,
5 including whether a determination of credible evidence
6 has been made.
7 (3) Identification of child protective or other
8 services provided or actions taken regarding the child
9 named in the report and his or her family as a result of
10 this report.
11 (4) Whether there have been past reports of child
12 abuse or neglect involving this child or family, or both.
13 Any such reports shall be clearly identified as being
14 "Indicated", "Unfounded", or "Pending".
15 (5) Whether the Department has a current or past
16 open service case with the family, and a history of what
17 types of services have been, or are being, provided.
18 (6) Any extraordinary or pertinent information
19 concerning the circumstances of the report, if the
20 Director determines such disclosure is consistent with
21 the public interest.
22 (c) Any disclosure of information pursuant to this
23 Section shall not identify the name of or provide identifying
24 information regarding the source of the report.
25 (d) In determining pursuant to subsection (a) of this
26 Section, whether disclosure will be contrary to the best
27 interests of the child, the child's siblings, or other
28 children in the household, the Director shall consider the
29 interest in privacy of the child and the child's family and
30 the effects which disclosure may have on efforts to reunite
31 and provide services to the family.
32 (e) Except as it applies directly to the cause of the
33 abuse or neglect of the child, nothing in this Section shall
34 be deemed to authorize the release or disclosure of the
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1 substance or content of any psychological, psychiatric,
2 therapeutic, clinical, or medical reports, evaluations, or
3 like materials pertaining to the child or the child's family.
4 Prior to the release or disclosure of any psychological,
5 psychiatric, or therapeutic reports pursuant to this
6 subsection, the Deputy Director of Clinical Services shall
7 review such materials and make recommendations regarding its
8 release. Any disclosure of information pursuant to this
9 Section shall not identify the health care provider, health
10 care facility or other maker of the report or source of any
11 psychological, psychiatric, therapeutic, clinical, or medical
12 reports, evaluations, or like materials.
13 (f) Regarding child abuse or neglect reports which occur
14 at a facility licensed by the Department of Children and
15 Family Services, only the following information may be
16 disclosed or released:
17 (1) The name of the facility.
18 (2) The nature of the allegations of abuse or
19 neglect.
20 (3) The number and ages of child victims involved,
21 and their relationship to the perpetrator.
22 (4) Actions the Department has taken to ensure the
23 safety of the children during and subsequent to the
24 investigation.
25 (5) The final finding status of the investigation.