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| Public Act 096-1164 | ||||
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Abused and Neglected Child Reporting Act is | ||||
amended by changing Sections 7.7 and 7.14 as follows:
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(325 ILCS 5/7.7) (from Ch. 23, par. 2057.7)
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Sec. 7.7.
There shall be a central register of all cases of | ||||
suspected
child abuse or neglect reported and maintained by the | ||||
Department under this
Act. Through the recording of initial, | ||||
preliminary, and final
reports, the central register shall be | ||||
operated in such a manner as to enable
the Department to: (1) | ||||
immediately identify and locate prior reports of
child abuse or | ||||
neglect; (2) continuously monitor the current status
of all | ||||
reports of child abuse or neglect being provided services under | ||||
this
Act; and (3) regularly evaluate the effectiveness of | ||||
existing laws and programs
through the development and analysis | ||||
of statistical and other information.
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The Department shall maintain in the central register a | ||||
listing of unfounded
reports where the subject of the unfounded | ||||
report requests that the record
not be expunged because the | ||||
subject alleges an intentional false report
was made. Such a | ||||
request must be made by the subject in writing to the
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Department, within 10 days of the investigation.
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The Department shall also maintain in the central register | ||
a listing of
unfounded reports where the report was classified | ||
as a priority one or priority
two report in accordance with the | ||
Department's rules or the report was made by
a person mandated | ||
to report suspected abuse or neglect under this Act.
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The Department shall maintain in the central register for 3 | ||
years a listing
of unfounded reports involving the death of a | ||
child, the sexual abuse of a
child, or serious physical injury | ||
to a child as defined by the Department in
rules.
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The Department shall maintain all other unfounded reports | ||
for 12 months following the date of the final finding. | ||
(Source: P.A. 90-15, eff. 6-13-97.)
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(325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
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Sec. 7.14. All reports in the central register shall be | ||
classified in one
of three categories: "indicated", | ||
"unfounded" or "undetermined", as the
case may be. After the | ||
report is classified, the person making the
classification | ||
shall determine whether the child named in the
report is the | ||
subject of an action under Article II of the Juvenile Court
Act | ||
of 1987. If the child is the subject of an action under Article | ||
II of the
Juvenile Court Act, the Department shall transmit a | ||
copy of the report to
the guardian ad litem appointed for the | ||
child under Section 2-17 of the
Juvenile Court Act. All | ||
information identifying the subjects of an unfounded
report | ||
shall be expunged from the register
forthwith, except as | ||
provided in Section 7.7.
Unfounded reports may only be made | ||
available to the Child
Protective Service Unit when | ||
investigating a subsequent report of suspected
abuse or | ||
maltreatment involving a child named in the unfounded report; | ||
and to
the subject of the report, provided the Department has | ||
not expunged the file in accordance with Section 7.7 that the | ||
subject requests the report within
60 days of being notified | ||
that the report was unfounded. The Child Protective
Service | ||
Unit shall not indicate the subsequent report solely based upon | ||
the
existence of the prior unfounded report or reports. | ||
Notwithstanding any other
provision of law to the contrary, an | ||
unfounded report shall not be admissible
in any judicial or | ||
administrative proceeding or action.
Identifying information | ||
on all other records shall be
removed from the register no | ||
later than 5 years after the report is indicated.
However, if | ||
another report is received involving the same child, his | ||
sibling
or offspring, or a child in the care of the persons | ||
responsible for the
child's welfare, or involving the same | ||
alleged offender, the
identifying
information may be | ||
maintained in the register
until 5 years after the subsequent | ||
case or report is closed.
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Notwithstanding any other provision of this Section, | ||
identifying
information in indicated reports involving serious | ||
physical injury to a child as defined by the
Department in | ||
rules, may be retained longer than 5 years after the report
is | ||
indicated or after the subsequent case or report is closed, and | ||
may not
be removed from the register except as provided by the | ||
Department in rules. Identifying information in indicated | ||
reports involving sexual penetration of a child, sexual | ||
molestation of a child, sexual exploitation of a child, torture | ||
of a child, or the death of a child, as defined by the | ||
Department in rules, shall be retained for a period of not less | ||
than 50 years after the report is indicated or after the | ||
subsequent case or report is closed.
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(Source: P.A. 94-160, eff. 7-11-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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