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Public Act 102-0532


 

Public Act 0532 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0532
 
SB1904 EnrolledLRB102 11580 KTG 16914 b

    AN ACT concerning children.
 
    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 7.8 and 7.14 as follows:
 
    (325 ILCS 5/7.8)
    Sec. 7.8. Upon receiving an oral or written report of
suspected child abuse or neglect, the Department shall
immediately notify, either orally or electronically, the Child
Protective Service Unit of a previous report concerning a
subject of the present report or other pertinent information.
In addition, upon satisfactory identification procedures, to
be established by Department regulation, any person authorized
to have access to records under Section 11.1 relating to child
abuse and neglect may request and shall be immediately
provided the information requested in accordance with this
Act. However, no information shall be released unless it
prominently states the report is "indicated", and only
information from "indicated" reports shall be released, except
that:
    (1) Information information concerning pending reports may
be released pursuant to Sections 7.14 and 7.22 of this Act to
the attorney or guardian ad litem appointed under Section 2-17
of the Juvenile Court Act of 1987 and to any person authorized
under paragraphs (1), (2), (3) and (11) of Section 11.1.
    (2) In addition, State's Attorneys are authorized to
receive unfounded reports:
        (A) (i) for prosecution purposes related to the
    transmission of false reports of child abuse or neglect in
    violation of subsection (a), paragraph (7) of Section 26-1
    of the Criminal Code of 2012; or
        (B) (ii) for the purposes of screening and prosecuting
    a petition filed under Article II of the Juvenile Court
    Act of 1987 alleging a subsequent allegation of abuse or
    neglect relating to the same child, a sibling of the
    child, or the same perpetrator, or a child or perpetrator
    in the same household as the child for whom the petition is
    being filed. ;
    (3) The the parties to the proceedings filed under Article
II of the Juvenile Court Act of 1987 are entitled to receive
copies of previously unfounded reports regarding the same
child, a sibling of the child, or the same perpetrator, or a
child or perpetrator in the same household as the child for
purposes of hearings under Sections 2-10 and 2-21 of the
Juvenile Court Act of 1987. ,
    (4) Attorneys and attorneys and guardians ad litem
appointed under Article II of the Juvenile Court Act of 1987
shall receive the reports set forth in Section 7.14 of this Act
in conformance with paragraph (19) of Section 11.1 and Section
7.14 of this Act.
    (5) The Department of Public Health shall receive
information from unfounded reports involving children alleged
to have been abused or neglected while hospitalized, including
while hospitalized in freestanding psychiatric hospitals
licensed by the Department of Public Health, as necessary for
the Department of Public Health to conduct its licensing
investigation.
    (6) The Department is authorized and required to release
information from unfounded reports, upon request by a person
who has access to the unfounded report as provided in this Act,
as necessary in its determination to protect children and
adult residents who are in child care facilities licensed by
the Department under the Child Care Act of 1969. The names and
other identifying data and the dates and the circumstances of
any persons requesting or receiving information from the
central register shall be entered in the register record.
(Source: P.A. 101-43, eff. 1-1-20.)
 
    (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, or a member of
the child's household. 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. 100-158, eff. 1-1-18; 100-863, eff. 8-14-18;
101-528, eff. 8-23-19.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/20/2021