Public Act 100-0158
 
HB3168 EnrolledLRB100 10198 KTG 20380 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 7.14, 7.16, 7.22, and 11.1 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 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 is either 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 is either 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. 98-453, eff. 8-16-13; 98-807, eff. 8-1-14; 99-78, 
eff. 7-20-15; 99-349, eff. 1-1-16.)

 



    (325 ILCS 5/7.16)  (from Ch. 23, par. 2057.16)



    Sec. 7.16. 
For any investigation or appeal initiated on or 
after, or
pending on July 1, 1998, the following time frames 
shall apply.
Within 60 days after the notification of the 
completion
of the Child Protective Service Unit investigation, 
determined by the date
of the notification sent by the 
Department, the perpetrator named in the notification may

request the Department to amend the record or
remove the record 
of the report from the register, except that the 60-day 
deadline for filing a request to amend the record or remove the 
record of the report from the State Central Register shall be 
tolled until after the conclusion of any criminal court action 
in the circuit court or after adjudication in any juvenile 
court action concerning the circumstances that give rise to an 
indicated report.  Such request shall be
in writing and directed 
to such person as the Department designates in the
notification 
letter notifying the perpetrator of the indicated finding. The 
perpetrator shall have the right to a timely
hearing within
the 
Department to determine whether the record of the report should 
be
amended or removed on the grounds that it is inaccurate or 
it is
being
maintained in a manner  inconsistent with this Act, 
except that there
shall be no such right to a hearing on the 
ground of the report's
inaccuracy if there has been a court 
finding of child abuse or neglect or a criminal finding of 
guilt as to the perpetrator.  Such
hearing shall be held within 
a reasonable time after the perpetrator's request
and at a 
reasonable place and hour.  The appropriate Child Protective

Service Unit shall be given notice of the hearing.  If the 
minor, who is the victim named in the report sought to be 
amended or removed from the State Central Register, is the 
subject of a pending 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 a pending action under Article 
II of the Juvenile Court Act of 1987, and the report was made 
while a guardian ad litem was appointed for the minor under  
Section 5-610 or 2-17 of the Juvenile Court Act of 1987, then 
the minor shall, through the minor's attorney or guardian ad 
litem appointed under Section 5-610 or 2-17 of the Juvenile 
Court Act of 1987, have the right to participate and be heard 
in such hearing as defined under the Department's rules. The 
Department's obligation under this Section to provide a minor 
with a guardian ad litem appointed under Section 5-610 of the 
Juvenile Court Act of 1987 and an open intact family services 
case with the right to participate and be heard applies only if 
the guardian ad litem notified the Department in writing of the 
representation. In such hearings, the
burden of proving the 
accuracy and consistency of the record shall be on
the 
Department and the appropriate Child Protective Service Unit. 
The
hearing shall be conducted by the Director or his  designee,  
who is hereby
authorized and empowered to order the amendment 
or removal of
the record to make it accurate and consistent 
with this Act. The decision
shall be made, in writing, at the 
close of the hearing, or within 60
days
thereof, and shall 
state the reasons upon which it is based.  Decisions of
the 
Department under this Section are administrative decisions 
subject to
judicial review under the Administrative Review Law.

    Should the Department grant the request of the perpetrator

pursuant to this Section either on administrative review or 
after
an administrative hearing to amend an indicated report to 
an unfounded report, the
report shall be released and expunged 
in accordance
with the standards set forth in Section 7.14 of 
this Act.

(Source: P.A. 98-453, eff. 8-16-13; 98-487, eff. 1-1-14; 
98-756, eff. 7-16-14.)

 
    (325 ILCS 5/7.22)
    Sec. 7.22. Reviews of unfounded reports.
    (a) Whenever the Department determines that a reported 
incident of child abuse or neglect will be "unfounded", the 
Department shall forward a copy of the report and written 
notice of the Department's intent to classify the report as 
unfounded to a guardian ad litem appointed under Section 5-610 
of the Juvenile Court Act of 1987 for a minor who is in the 
custody or guardianship of the Department or who has an open 
intact family services case with the Department or the minor's 
attorney or guardian ad litem appointed under Section 2-17 of 
the Juvenile Court Act of 1987. The Department's obligation 
under this subsection 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. The minor's attorney or guardian 
ad litem who receives a report pursuant to this subsection may 
request a review of the investigation within 10 days of receipt 
of the report and written notice of the Department's intent to 
classify the report as unfounded, as provided in Section 7.14 
of this Act, if the subject of the report is also the minor for 
whom the attorney or guardian ad litem has been appointed. 
    (b) Reviews requested under subsection (a) may be requested 
by sending a request via U.S. Mail, postmarked within 10 days 
after notice of the Department's intent to classify the report 
as unfounded, or by faxing a request within 10 days after 
notice of the Department's intent to classify the report as 
unfounded. The date of notification of the Department's intent 
to classify the  report as unfounded is the date the attorney or 
guardian ad litem received a copy of the report and written 
notice from the Department. Following the review, the 
Department shall inform the minor's attorney or guardian ad 
litem as to whether the report will be classified as indicated 
or unfounded. The minor's attorney or guardian ad litem shall 
also receive a final finding notice from the State Central 
Register. 
    (c) By January 1, 2014, the Department shall promulgate 
rules addressing reviews requested under subsection (a).  The 
rules shall provide that a review requested under subsection 
(a) must occur before the report is classified and a final 
finding is entered in the central register and that the review 
must be conducted by a Department employee outside the 
supervisory chain of the assigned investigator. 

(Source: P.A. 98-453, eff. 8-16-13; 98-807, eff. 8-1-14.)
 



    (325 ILCS 5/11.1)  (from Ch. 23, par. 2061.1)



    Sec. 11.1. Access to records. 

    (a) A person shall have access to the
records described in 
Section 11 only in furtherance of purposes directly
connected 
with the administration of this Act or the Intergovernmental 
Missing
Child Recovery Act of 1984.  Those persons and purposes 
for access include:


        (1) Department staff in the furtherance of their 
    responsibilities under
this Act, or for the purpose of 
    completing background investigations on
persons or 
    agencies licensed by the Department or with whom the 
    Department
contracts for the provision of child welfare 
    services.


        (2) A law enforcement agency investigating known or 
    suspected child abuse
or neglect, known or suspected 
    involvement with child pornography, known or
suspected 
    criminal sexual assault, known or suspected criminal 
    sexual abuse, or
any other sexual offense when a child is 
    alleged to be involved.


        (3) The Department of State Police when administering 
    the provisions of
the Intergovernmental Missing Child 
    Recovery Act of 1984.


        (4) A physician who has before him a child whom he 
    reasonably
suspects may be abused or neglected.


        (5) A person authorized under Section 5 of this Act to 
    place a child
in temporary protective custody when such 
    person requires the
information in the report or record to 
    determine whether to place the
child in temporary 
    protective custody.


        (6) A person having the legal responsibility or 
    authorization to
care for, treat, or supervise a child, or 
    a parent, prospective adoptive parent, foster parent,

    guardian, or other
person responsible for the child's 
    welfare, who is the subject of a report.


        (7) Except in regard to harmful or detrimental 
    information as
provided in Section 7.19, any subject of the 
    report, and if the subject of
the report is a minor, his 
    guardian or guardian ad litem.


        (8) A court, upon its finding that access to such 
    records may be
necessary for the determination of an issue 
    before such court; however,
such access shall be limited to 
    in camera inspection, unless the court
determines that 
    public disclosure of the information contained therein
is 
    necessary for the resolution of an issue then pending 
    before it.


        (8.1) A probation officer or other authorized 
    representative of a
probation or court services department 
    conducting an investigation ordered
by a court under the 
    Juvenile Court Act of l987.


        (9) A grand jury, upon its determination that access to 
    such records
is necessary in the conduct of its official 
    business.


        (10) Any person authorized by the Director, in writing, 
    for audit or
bona fide research purposes.


        (11) Law enforcement agencies, coroners or medical 
    examiners,
physicians, courts, school superintendents and 
    child welfare agencies
in other states who are responsible 
    for child abuse or neglect
investigations or background 
    investigations.


        (12) The Department of Professional Regulation, the 
    State Board of
Education and school superintendents in 
    Illinois, who may use or disclose
information from the 
    records as they deem necessary to conduct
investigations or 
    take disciplinary action, as provided by law.


        (13) A coroner or medical examiner who has reason to

    believe that a child has died as the result of abuse or 
    neglect.


        (14) The Director of a State-operated facility when an 
    employee of that
facility is the perpetrator in an 
    indicated report.


        (15) The operator of a licensed child care facility or 
    a facility licensed
by the Department of Human Services (as 
    successor to the Department of
Alcoholism and Substance 
    Abuse) in which children reside
when a current or 
    prospective employee of that facility is the perpetrator in

    an indicated child abuse or neglect report, pursuant to 
    Section 4.3 of the
Child Care Act of 1969.


        (16) Members of a multidisciplinary team in the 
    furtherance of its
responsibilities under subsection (b) 
    of Section 7.1.  All reports
concerning child abuse and 
    neglect made available to members of such

    multidisciplinary teams and all records generated as a 
    result of such
reports shall be confidential and shall not 
    be disclosed, except as
specifically authorized by this Act 
    or other applicable law.  It is a Class
A misdemeanor to 
    permit, assist or encourage the unauthorized release of
any 
    information contained in such reports or records.  Nothing 
    contained in
this Section prevents the sharing of reports 
    or records relating or pertaining
to the death of a minor 
    under the care of or receiving services from the
Department 
    of Children and Family Services and under the jurisdiction 
    of the
juvenile court with the juvenile court, the State's 
    Attorney, and the minor's
attorney.


        (17) The Department of Human Services, as provided
in 
    Section 17 of the Rehabilitation of Persons with 
    Disabilities Act.


        (18) Any other agency or investigative body, including 
    the Department of
Public Health and a local board of 
    health, authorized by State law to
conduct an investigation 
    into the quality of care provided to children in
hospitals 
    and other State regulated care facilities.  The access  to 
    and
release of information from such records shall be 
    subject to the approval
of the Director of the Department 
    or his designee.


        (19) The person appointed, under Section 2-17 of the 
    Juvenile Court
Act of 1987, as the guardian ad litem of a 
    minor who is the subject of a
report or
records under this 
    Act; or the person appointed, under Section 5-610 of the 
    Juvenile Court Act of 1987, as the guardian ad litem of a 
    minor who is in the custody or guardianship of the 
    Department or who has an open intact family services case 
    with the Department and who is the subject of a report or 
    records made pursuant to this Act.


        (20) The Department of Human Services, as provided in 
    Section 10 of the
Early
Intervention Services System Act, 
    and the operator of a facility providing
early
intervention 
    services pursuant to that Act, for the purpose of 
    determining
whether a
current or prospective employee who 
    provides or may provide direct services
under that
Act is 
    the perpetrator in an indicated report of child abuse or 
    neglect filed
under this Act.

    (b) Nothing contained in this Act prevents the sharing or

disclosure of information or records relating or pertaining to 
juveniles
subject to the provisions of the Serious Habitual 
Offender Comprehensive
Action Program when that information is 
used to assist in the early
identification and treatment of 
habitual juvenile offenders.

    (c) To the extent that persons or agencies are given access 
to
information pursuant to this Section, those persons or 
agencies may give this
information to and
receive this 
information from each other in order to facilitate an

investigation
conducted by those persons or agencies.

(Source: P.A. 99-143, eff. 7-27-15.)

 
    Section 10. The Juvenile Court Act of 1987 is amended  by 
changing Section 5-610 as follows:
 



    (705 ILCS 405/5-610)



    Sec. 5-610. Guardian ad litem and appointment of attorney. 

    (1) The court may appoint a guardian ad litem for the minor 
whenever it
finds that there may be a conflict of interest 
between the minor and his
or her parent, guardian or legal 
custodian or that it is otherwise in the
minor's interest to do 
so.

    (2) Unless the guardian ad litem is an attorney, he or she 
shall be
represented
by counsel.

    (3) The reasonable fees of a guardian ad litem appointed 
under this
Section shall be fixed by the court and charged to 
the parents of the minor, to
the extent they are able to pay.  
If the parents are unable to pay those fees,
they shall be paid 
from the general fund of the
county.

    (4) If, during the court proceedings, the parents, 
guardian, or legal
custodian prove that he or she has an actual 
conflict of interest with the
minor in that delinquency 
proceeding and that the parents, guardian, or legal
custodian 
are indigent, the court shall appoint a separate attorney for 
that
parent, guardian, or legal custodian.

    (5) A guardian ad litem appointed under this Section for a 
minor who is in the custody or guardianship of the Department 
of Children and Family Services or who has an open intact 
family services case with the Department of Children and Family 
Services is entitled to receive copies of any and all 
classified reports of child abuse or neglect made pursuant to 
the Abused and Neglected Child Reporting Act in which the 
minor, who is the subject of the report under the  Abused and 
Neglected Child Reporting Act, is also a minor for whom the 
guardian ad litem is appointed under this Act. The Department 
of Children and Family Services' obligation under this 
subsection to provide reports to a guardian ad litem 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. 
(Source: P.A. 90-590, eff. 1-1-99.)