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| Public Act 100-0697 | ||||
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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 Section 7.7 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. By January 1, | ||||
2014, the Department shall promulgate rules establishing | ||
criteria and standards for labeling an unfounded report as an | ||
intentional false report in the central register. The rules | ||
shall permit the reporter to submit a statement regarding the | ||
report unless the reporter has been convicted of knowingly | ||
transmitting a false report to the Department under paragraph | ||
(7) of subsection (a) of Section 26-1 of the Criminal Code of | ||
2012.
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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 all | ||
unfounded reports for a minimum of 5 years following the date | ||
of the final finding. | ||
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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If an individual is the subject of a subsequent | ||
investigation that is pending, the Department shall maintain | ||
all prior unfounded reports pertaining to that individual until | ||
the pending investigation has been completed or for 5 years 12 | ||
months, whichever time period ends later. | ||
The Department shall maintain all other unfounded reports | ||
for 12 months following the date of the final finding. | ||
For purposes of this Section "child abuse or neglect" | ||
includes abuse or neglect of an adult resident as defined in | ||
this Act. | ||
(Source: P.A. 97-333, eff. 8-12-11; 97-1089, eff. 8-24-12; | ||
98-453, eff. 8-16-13.)
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