Public Act 101-0528
 
SB0193 EnrolledLRB101 08510 SLF 53587 b


  
    AN ACT concerning courts.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Abused and Neglected Child Reporting Act is 
amended  by changing Sections 7.14 and 8.2 and by adding Section 
7.22a as follows:
 


    (325 ILCS 5/7.14)  (from Ch. 23, par. 2057.14)


    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. Prior to 
classifying the report, the Department shall determine whether 
the report is subject to Department review under Section 7.22a. 
If the report is subject to Department review, the report shall 
not be classified as unfounded until the review is completed.  
Prior to classifying the report, the person making the

classification shall determine whether the child named in the

report is the subject of an action under Article V of the 
Juvenile Court Act of 1987 who is in the custody or 
guardianship of the Department or who has an open intact family 
services case with the Department or is the subject of an 
action under Article II of the Juvenile Court
Act of 1987.  If 
the child either is the subject of an action under Article V of 
the Juvenile Court Act of 1987 and is in the custody or 
guardianship of the Department or has an open intact family 
services case with the Department or is the subject of an 
action under Article II of the
Juvenile Court Act of 1987 and 
the Department intends to classify the report as indicated, the 
Department shall, within 45 days of classification of the 
report, transmit a copy of the report to
the attorney or 
guardian ad litem appointed for the child under Section 2-17 of 
the
Juvenile Court Act of 1987 or to a guardian ad litem 
appointed under Section 5-610 of the Juvenile Court Act of 
1987.  If the child either is the subject of an action under 
Article V of the Juvenile Court Act of 1987 and is in the 
custody or guardianship of the Department or has an open intact 
family services case with the Department or is the subject of 
an action under Article II of the Juvenile Court Act of 1987 
and the Department intends to classify the report as unfounded, 
the Department shall, within 45 days of deciding its intent to 
classify the report as unfounded, transmit a copy of the report 
and written notice of the Department's intent to the attorney 
or guardian ad litem appointed for the child under Section 2-17 
of the Juvenile Court Act of 1987, or to a guardian ad litem 
appointed under Section 5-610 of the Juvenile Court Act of 
1987. The Department's obligation under this Section to provide 
reports to a guardian ad litem appointed under Section 5-610 of 
the Juvenile Court Act of 1987 for a minor with an open intact 
family services case applies only if the guardian ad litem 
notified the Department in writing of the representation. 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.  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 except for 
proceedings under Sections 2-10 and 2-21 of the Juvenile Court 
Act of 1987 involving a
petition filed under Section 2-13 of 
the Juvenile Court Act of 1987 alleging
abuse or neglect to the 
same child, a sibling of the child, or the same
perpetrator.

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.

    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.


    For purposes of this Section, "child" includes an adult 
resident as defined in this Act.
(Source: P.A. 99-78, eff. 7-20-15; 99-349, eff. 1-1-16; 
100-158, eff. 1-1-18; 100-863, eff. 8-14-18.)

 
    (325 ILCS 5/7.22a new)
    Sec. 7.22a. Reports subject to review.
    (a) Unfounded reports. Prior to classifying a report under 
Section 7.14, if the Department
intends to classify the report 
as unfounded, the Department must first determine whether the 
report is subject to review
in accordance with this Section. If 
the report is subject to review, the review process must be 
completed prior to classifying the
report. The Deputy Director 
of Child Protection must oversee a review process that ensures 
the Department reviews a random sample of at least 5% of child 
abuse and  neglect reports in which the Department intends to be 
unfounded and any subject child of the report is not of 
compulsory school age as provided under Section 26-1 of the 
School Code. 
    The review must be conducted by an area administrator 
outside the supervisory chain of the investigator and 
supervisor.  The review shall ensure that the investigation was 
conducted in accordance with the Department's rules and

procedures governing child abuse and neglect investigations 
and that the final intended finding is consistent with the goal 
of protecting the health, safety, and best interests of the 
child in all situations in which the child is vulnerable to 
child abuse or neglect. If the reviewer determines the 
investigation or final recommended unfounded finding is 
inconsistent with the Department's rules and
procedures, the 
reviewer shall document the findings in an Unfounded Review 
Report and forward the Unfounded Review Report to the 
investigator, supervisor, area administrator assigned to the 
case, and Deputy Director of Child Protection to ensure 
appropriate corrective steps are taken in the case before the 
final finding is entered. The Unfounded Review Report shall be 
included in the investigative file. 
    (b) The Deputy Director of Child Protection must oversee a 
review process that ensures the Department reviews a random 
sample of at least 5% of indicated reports in which any subject 
child of the report is not of compulsory school age as provided 
under Section 26-1 of the School Code, the child is not a youth 
in care, and the Department is not opening a case for any type 
of services, including situations in which the family refuses 
services. The review must be conducted by an area administrator 
outside the supervisory chain of the assigned investigator 
within 15 days of the final finding being entered. The review 
shall ensure that the investigation was conducted in accordance 
with the Department's rules and
procedures governing child 
abuse and neglect investigations and that the decision to not 
provide services is consistent with the goal of protecting the 
health, safety, and best interests of the child in all 
situations in which the child is vulnerable to child abuse or 
neglect. If the reviewer determines the investigation or final 
finding is inconsistent with the Department's rules and

procedures, the reviewer shall document the findings in an 
Indicated Review Report and forward the Indicated Review Report 
to the investigator, supervisor, area administrator assigned 
to the case, and Deputy Director of Child Protection to ensure 
appropriate corrective steps are taken in the case. The 
Indicated Review Report shall be included in the investigative 
file. 
    (c) The Department shall document its findings in 
accordance with subsections (a) and (b), including the number 
of Unfounded Review Reports and Indicated Review Reports, and 
the findings and recommendations detailed in the Indicated 
Review Reports and Unfounded Review Reports in reports to the 
General Assembly. The reports shall describe recommendations 
for systemic reforms based on the findings of the reviews and 
the steps the Department will take to implement the 
recommendations. The initial report shall be filed 90 days 
after the effective date of this amendatory Act of the 101st 
General Assembly.  Subsequent reports shall be filed on December 
1 and June 1 of each year. 
 


    (325 ILCS 5/8.2)  (from Ch. 23, par. 2058.2)




    Sec. 8.2. If the Child Protective Service Unit determines, 
following
an investigation made pursuant to Section 7.4 of this 
Act, that there is
credible evidence that the child is abused 
or neglected, the Department
shall assess the family's need for 
services, and, as necessary, develop,
with the family, an 
appropriate service plan for the family's voluntary
acceptance 
or refusal.  In any case where there is evidence that the

perpetrator of the abuse or neglect has a substance use 
disorder as defined in the Substance Use Disorder Act, the 
Department, when
making referrals for drug or alcohol abuse 
services, shall make such referrals
to facilities licensed by 
the Department of Human Services or the Department
of Public 
Health.  The Department shall comply with Section 8.1 by 
explaining
its lack of legal authority to compel the acceptance 
of services and may
explain its concomitant authority to 
petition the Circuit court
under the Juvenile Court Act of 1987 
or refer the case to the local law
enforcement authority or 
State's attorney for criminal prosecution.

    For purposes of this Act, the term "family preservation 
services"
refers to all services
to help families, including 
adoptive and extended families.  Family
preservation services 
shall be
offered, where safe and appropriate,
to prevent the 
placement of children in substitute
care when the children can 
be cared for at home or in the custody of the
person 
responsible for the children's welfare without endangering the

children's health or safety, to reunite them with their

families if so placed when reunification
is an appropriate 
goal, or to maintain an adoptive placement.  The term

"homemaker" includes emergency caretakers, homemakers, 
caretakers,
housekeepers and chore services.  The term 
"counseling" includes individual
therapy, infant stimulation 
therapy, family therapy, group therapy,
self-help groups, drug 
and alcohol abuse counseling, vocational counseling
and 
post-adoptive services.  The term "day care" includes 
protective day
care and day care to meet educational, 
prevocational or vocational needs.
The term "emergency 
assistance and advocacy" includes coordinated services
to 
secure emergency cash, food, housing and medical assistance or 
advocacy
for other subsistence and family protective needs.

    Before July 1, 2000, appropriate family preservation 
services shall, subject
to appropriation, be included in the 
service plan if the Department has
determined that those 
services will ensure the child's health and safety, are
in the 
child's best interests, and will not place the child in 
imminent risk of
harm.  Beginning July 1, 2000, appropriate 
family preservation services shall
be uniformly available 
throughout the State.  The Department shall promptly
notify 
children and families of the Department's responsibility to 
offer and
provide family preservation services as identified in 
the service plan.  Such
plans may include but are not limited 
to: case management services; homemakers;
counseling; parent 
education; day care; emergency assistance and advocacy

assessments; respite care; in-home health care; transportation 
to obtain any of
the above services; and medical assistance.  
Nothing in this paragraph shall be
construed to create a 
private right of action or claim on the part of any
individual 
or child welfare agency, except that when a child is  the 
subject of an action under Article II of the Juvenile Court Act 
of 1987 and the child's service plan calls for services to 
facilitate achievement of the permanency goal, the court 
hearing the action under Article II of the Juvenile Court Act 
of 1987 may order the Department to provide the services set 
out in the plan, if those services are not provided with 
reasonable promptness and if those services are available.










    Each Department field office shall maintain on a local 
basis
directories of services available to children and 
families in the local
area where the Department office is 
located.

    The Department shall refer children and families served

pursuant to this Section to private agencies and governmental 
agencies,
where available.

    Incentives that discourage or reward a decision to provide 
family preservation services after a report is indicated or a 
decision to refer a child for the filing of a petition under 
Article II of the Juvenile Court Act of 1987 are strictly 
prohibited and shall not be included in any contract, quality 
assurance, or performance review process. Incentives include, 
but are not limited to, monetary benefits, contingencies, and 
enhanced or diminished performance reviews for individuals or 
agencies.
    Any decision regarding whether to provide family 
preservation services after an indicated report or to refer a 
child for the filing of a petition under Article II of the 
Juvenile Court Act of 1987 shall be based solely on the child's 
health, safety, and best interests and on any applicable law. 
If a difference of opinion exists between a private agency and 
the Department regarding whether to refer for the filing of a 
petition under Article II of the Juvenile Court Act of 1987, 
the case shall be referred to the Deputy Director of Child 
Protection for review and determination. 
    Any Department employee responsible for reviewing 
contracts or program plans who is aware of a violation of this 
Section shall immediately refer the matter to the Inspector 
General of the Department. 
    Where there are 2 equal proposals from both a 
not-for-profit and a
for-profit agency to provide services, the 
Department shall give preference
to the proposal from the 
not-for-profit agency.

    No service plan shall compel any child or parent to engage 
in any
activity or refrain from any activity which is not 
reasonably related to
remedying a condition or conditions that 
gave rise or which could give rise
to any finding of child 
abuse or neglect.

(Source: P.A. 100-759, eff. 1-1-19.)


 
    Section 99. Effective date. This Act takes effect upon 
becoming law.

Effective Date:  8/23/2019