Public Act 097-1068
 
HB4966 EnrolledLRB097 19242 KTG 64484 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 4.2 as follows:
 


    (325 ILCS 5/4.2)




    Sec. 4.2. Departmental report on death or serious 
life-threatening injury of child. 

    (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.

    (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.

    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.

    (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

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.

    (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

services to the deceased or injured child any information they 
are authorized to
provide.

(Source: P.A. 95-405, eff. 6-1-08.)