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.