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| Public Act 097-1068 | ||||
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Abused and Neglected Child Reporting Act is | ||||
amended by changing Section 4.2 as follows:
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(325 ILCS 5/4.2)
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Sec. 4.2. Departmental report on death or serious | ||||
life-threatening injury of child.
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(a) In the case of the death or serious life-threatening | ||||
injury of a child whose care and custody or custody
and | ||||
guardianship has been transferred to the Department, or in the | ||||
case
of a child abuse or neglect report made to the central | ||||
register involving the
death of a child, the
Department shall | ||||
(i) investigate or provide for an investigation of the cause
of | ||||
and circumstances surrounding the death or serious | ||||
life-threatening injury, (ii) review the investigation,
and | ||||
(iii) prepare and issue a report on the death or serious | ||||
life-threatening injury.
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(b) The report shall include (i) the cause of death or | ||||
serious life-threatening injury, whether from natural
or other | ||||
causes, (ii) any
extraordinary or pertinent information | ||||
concerning the circumstances of the
child's death or serious | ||||
life-threatening injury, (iii) identification of child | ||||
protective or other social services provided or actions taken | ||
regarding the child or his or her family at the time of the | ||
death or serious life-threatening injury or within the | ||
preceding 5 years, (iv) any action or further investigation | ||
undertaken by the
Department since the death or serious | ||
life-threatening injury of the
child, (v) as appropriate, | ||
recommendations for State
administrative or policy changes, | ||
and (vi) whether the alleged perpetrator of the abuse or | ||
neglect has been charged with committing a crime related to the | ||
report and allegation of abuse or neglect, and (vii) a copy of | ||
any documents, files, records, books, and papers created or | ||
used in connection with the Department's investigation of the | ||
death or serious life-threatening injury of the child. In any | ||
case involving the death or near death of a child, when a | ||
person responsible for the child has been charged with | ||
committing a crime that results in the child's death or near | ||
death, there shall be a presumption that the best interest of | ||
the public will be served by public disclosure of certain | ||
information concerning the circumstances of the investigations | ||
of the death or near death of the child and any other | ||
investigations concerning that child or other children living | ||
in the same household.
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If the Department receives from the public a request for | ||
information relating to a case of child abuse or neglect | ||
involving the death or serious life-threatening injury of a | ||
child, the Director shall consult with the State's Attorney in | ||
the county of venue and release the report related to the case, | ||
except for the following, which may be redacted from the | ||
information disclosed to the public: any mental health or | ||
psychological information that is confidential as otherwise | ||
provided in State law; privileged communications of an | ||
attorney; the identity of the individual or individuals, if | ||
known, who made the report; information that may cause mental | ||
or physical harm to a sibling or another child living in the | ||
household; information that may undermine an ongoing criminal | ||
investigation; and any information prohibited from disclosure | ||
by federal law or regulation. Any information provided by an | ||
adult subject of a report that is released about the case in a | ||
public forum shall be subject to disclosure upon a public | ||
information request. Information about the case shall also be | ||
subject to disclosure upon consent of an adult subject. | ||
Information about the case shall also be subject to disclosure | ||
if it has been publicly disclosed in a report by a law | ||
enforcement agency or official, a State's Attorney, a judge, or | ||
any other State or local investigative agency or official. | ||
Except as it may apply directly to the cause of the death or | ||
serious life-threatening injury of the
child, nothing
in this | ||
Section shall be deemed to authorize the release or disclosure | ||
to the
public of
the substance or content of any psychological, | ||
psychiatric, therapeutic,
clinical, or medical reports, | ||
evaluation, or like materials or information
pertaining to the | ||
child or the child's family.
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(c) No later than 6 months after the date of the death or | ||
serious life-threatening injury of the child, the
Department | ||
shall notify the President of the Senate, the Minority Leader | ||
of
the Senate, the
Speaker of the House of Representatives, the | ||
Minority Leader of the House of
Representatives, and the | ||
members of the Senate and the House of Representatives
in whose | ||
district the child's death or serious life-threatening injury | ||
occurred upon the completion of each report
and
shall submit an | ||
annual cumulative report to the Governor and the General
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Assembly incorporating cumulative data about the above reports | ||
and including appropriate
findings
and recommendations. The | ||
reports required by this subsection (c) shall be made available | ||
to the public
after completion or submittal.
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(d) To enable the Department to prepare the report, the | ||
Department may
request and shall timely receive from | ||
departments, boards, bureaus, or other
agencies of the State, | ||
or any of its political subdivisions, or any duly
authorized | ||
agency, or any other agency which provided assistance, care, or
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services to the deceased or injured child any information they | ||
are authorized to
provide.
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(Source: P.A. 95-405, eff. 6-1-08.)
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