Public Act 094-0160
 		





HB0172 Enrolled
LRB094 04161 DRJ 34183 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 Section 7.14 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.  After the 
report is classified, the person making the
classification 
shall determine whether the child named in the
report is the 
subject of an action under Article II of the Juvenile Court
Act 
of 1987.  If the child is the subject of an action under Article 
II of the
Juvenile Court Act, the Department shall transmit a 
copy of the report to
the guardian ad litem appointed for the 
child under Section 2-17 of the
Juvenile Court Act.  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 that the subject 
requests the report within
60 days of being notified that the 
report was unfounded.  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.
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 the 
sexual abuse of a child, the
death of a child, or 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.


(Source: P.A. 92-801, eff. 8-16-02.)

 

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