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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 
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amended  by changing Sections 7.7 and 7.14 as follows:
 



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    (325 ILCS 5/7.7)  (from Ch. 23, par. 2057.7)



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    Sec. 7.7. 
There shall be a central register of all cases of 
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suspected
child abuse or neglect reported and maintained by the 
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Department under this
Act.  Through the recording of initial, 
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preliminary, and final
reports, the central register shall be 
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operated in such a manner as to enable
the Department to:  (1) 
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immediately identify and  locate prior reports of
child abuse or 
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neglect; (2) continuously monitor the current status
of all 
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reports of child abuse or neglect being provided services under 
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this
Act; and (3) regularly evaluate the effectiveness of 
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existing laws and programs
through the development and analysis 
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of statistical and other information.

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    The Department shall maintain in the central register a 
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listing of unfounded
reports where the subject of the unfounded 
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report requests that the record
not be expunged because the 
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subject alleges an intentional false report
was made.  Such a 
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request must be made by the subject in writing to the

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Department, within 10 days of the investigation.

 


 






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    The Department shall also maintain in the central register 
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a listing of
unfounded reports where the report was classified 
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as a priority one or priority
two report in accordance with the 
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Department's rules or the report was made by
a person mandated 
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to report suspected abuse or neglect under this Act.

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    The Department shall maintain in the central register for 3 
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years a listing
of unfounded reports involving the death of a 
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child, the sexual abuse of a
child, or serious physical injury 
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to a child as defined by the Department in
rules.

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    The Department shall maintain all other unfounded reports 
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for 12 months following the date of the final finding. 
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(Source: P.A. 90-15, eff. 6-13-97.)

 


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    (325 ILCS 5/7.14)  (from Ch. 23, par. 2057.14)



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    Sec. 7.14. All reports in the central register shall be 
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classified in one
of three categories: "indicated", 
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"unfounded" or "undetermined", as the
case may be.  After the 
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report is classified, the person making the
classification 
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shall determine whether the child named in the
report is the 
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subject of an action under Article II of the Juvenile Court
Act 
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of 1987.  If the child is the subject of an action under Article 
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II of the
Juvenile Court Act, the Department shall transmit a 
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copy of the report to
the guardian ad litem appointed for the 
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child under Section 2-17 of the
Juvenile Court Act.  All 
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information identifying the subjects of an unfounded
report 
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shall be expunged from the register
forthwith, except as 
 


 






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provided in Section 7.7.
Unfounded reports may only be made 
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available to the Child
Protective Service Unit when 
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investigating a subsequent report of suspected
abuse or 
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maltreatment involving a child named in the unfounded report; 
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and to
the subject of the report, provided the Department has 
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not expunged the file in accordance with Section 7.7 that the 
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subject requests the report within
60 days of being notified 
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that the report was unfounded.  The Child Protective
Service 
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Unit shall not indicate the subsequent report solely based upon 
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the
existence of the prior unfounded report or reports.  
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Notwithstanding any other
provision of law to the contrary, an 
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unfounded report shall not be admissible
in any judicial or 
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administrative proceeding or action.
Identifying information 
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on all other records shall be
removed from the register no 
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later than 5 years after the report is indicated.
However, if 
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another report is received involving the same child, his 
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sibling
or offspring, or a child in the care of the persons 
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responsible for the
child's welfare, or involving the same 
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alleged offender, the
identifying
information may be 
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maintained in the register
until 5 years after the subsequent 
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case or report is closed.

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    Notwithstanding any other provision of this Section, 
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identifying
information in indicated reports involving serious 
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physical injury to a child as defined by the
Department in 
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rules, may be retained longer than 5 years after the report
is 
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indicated or after the subsequent case or report is closed, and 
 


 






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may not
be removed from the register except as provided by the 
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Department in rules. Identifying information in indicated 
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reports involving sexual penetration of a child, sexual 
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molestation of a child, sexual exploitation of a child, torture 
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of a child, or the death of a child, as defined by the 
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Department in rules, shall be retained for a period of not less 
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than 50 years after the report is indicated or after the 
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subsequent case or report is closed.


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(Source: P.A. 94-160, eff. 7-11-05.)

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