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90_HB0064ham001
LRB9000716MWpcam
1 AMENDMENT TO HOUSE BILL 64
2 AMENDMENT NO. . Amend House Bill 64 by replacing the
3 title with the following:
4 "AN ACT concerning records relating to minors."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Children and Family Services Act is
8 amended by changing Section 35.1 as follows:
9 (20 ILCS 505/35.1) (from Ch. 23, par. 5035.1)
10 Sec. 35.1. The case and clinical records of patients in
11 Department supervised facilities, wards of the Department,
12 children receiving or applying for child welfare services,
13 persons receiving or applying for other services of the
14 Department, and Department reports of injury or abuse to
15 children shall not be open to the general public. Such case
16 and clinical records and reports or the information contained
17 therein shall be disclosed by the Director of the Department
18 only to proper law enforcement officials, individuals
19 authorized by court, the Illinois General Assembly or any
20 committee or commission thereof, and to such other persons
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1 and for such reasons as the Director shall designate by rule
2 or regulation. This Section does not apply to the
3 Department's fiscal records, other records of a purely
4 administrative nature, or any forms, documents or other
5 records required of facilities subject to licensure by the
6 Department except as may otherwise be provided under the
7 Child Care Act of 1969.
8 Nothing contained in this Act prevents the sharing or
9 disclosure of information or records relating or pertaining
10 to juveniles subject to the provisions of the Serious
11 Habitual Offender Comprehensive Action Program when that
12 information is used to assist in the early identification and
13 treatment of habitual juvenile offenders.
14 Nothing contained in this Act prevents the sharing or
15 disclosure of information or records relating or pertaining
16 to the death of a minor under the care of or receiving
17 services from the Department and under the jurisdiction of
18 the juvenile court with the juvenile court, the State's
19 Attorney, and the minor's attorney.
20 (Source: P.A. 87-928.)
21 Section 10. The Child Death Review Team Act is amended
22 by changing Section 30 as follows:
23 (20 ILCS 515/30)
24 Sec. 30. Public access to information.
25 (a) Meetings of child death review teams shall be closed
26 to the public. Meetings of child death review teams are not
27 subject to the Open Meetings Act (5 ILCS 120/1 et seq.), as
28 provided in that Act.
29 (b) Records and information provided to a child death
30 review team, and records maintained by a team, are
31 confidential and not subject to the Freedom of Information
32 Act (5 ILCS 140/1 et seq.), as provided in that Act.
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1 Nothing contained in this subsection (b) prevents the
2 sharing or disclosure of records relating or pertaining to
3 the death of a minor under the care of or receiving services
4 from the Department of Children and Family Services and under
5 the jurisdiction of the juvenile court with the juvenile
6 court, the State's Attorney, and the minor's attorney.
7 (c) Members of a child death review team are not subject
8 to examination, in any civil or criminal proceeding,
9 concerning information presented to members of the team or
10 opinions formed by members of the team based on that
11 information. A person may, however, be examined concerning
12 information provided to a child death review team that is
13 otherwise available to the public.
14 (d) Records and information produced by a child death
15 review team are not subject to discovery or subpoena and are
16 not admissible as evidence in any civil or criminal
17 proceeding. Those records and information are, however,
18 subject to discovery or a subpoena, and are admissible as
19 evidence, to the extent they are otherwise available to the
20 public.
21 (Source: P.A. 88-614, eff. 9-7-94.)
22 Section 15. The Abused and Neglected Child Reporting Act
23 is amended by changing Sections 7.14, 7.15, 7.16, 9, 11,
24 11.1, and 11.3 and by adding Sections 4.2 and 11.8 as
25 follows:
26 (325 ILCS 5/4.2 new)
27 Sec. 4.2. Departmental report on death of child.
28 (a) In the case of the death of a child whose care and
29 custody or custody and guardianship has been transferred to
30 the Department, or in the case of a report made to the
31 central register involving the death of a child, the
32 Department shall (i) investigate or provide for an
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1 investigation of the cause of and circumstances surrounding
2 the death, (ii) review the investigation, and (iii) prepare
3 and issue a report on the death.
4 (b) The report shall include (i) the cause of death,
5 whether from natural or other causes, (ii) identification of
6 child protective or other services provided or actions taken
7 regarding the child and his or her family, (iii) any
8 extraordinary or pertinent information concerning the
9 circumstances of the child's death, (iv) whether the child or
10 the child's family had received assistance, care, or services
11 from the social services district prior to the child's death,
12 (v) any action or further investigation undertaken by the
13 Department since the death of the child, and (vi) as
14 appropriate, recommendations for State administrative or
15 policy changes.
16 The report shall contain no information that would
17 identify the name of the deceased child, his or her siblings,
18 the parent or other person legally responsible for the child,
19 or any other members of the child's household, but shall
20 refer instead to the case, which may be denoted in any
21 fashion determined appropriate by the Department. In making
22 a fatality report available to the public pursuant to
23 subsection (c) of this Section, the Department may respond to
24 a child specific request for a report if the Department
25 determines that the disclosure is not contrary to the best
26 interests of the deceased child's siblings or other children
27 in the household, pursuant to subsection (e) of Section 11.8
28 of this Act. Except as it may apply directly to the cause of
29 the death of the child, nothing in this Section shall be
30 deemed to authorize the release or disclosure to the public
31 of the substance or content of any psychological,
32 psychiatric, therapeutic, clinical, or medical reports,
33 evaluation, or like materials or information pertaining to
34 the child or the child's family.
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1 (c) No later than 6 months after the date of the death
2 of the child, the Department shall complete its report. The
3 Department shall notify the President of the Senate and the
4 Speaker of the House of Representatives upon the completion
5 of each report and shall submit an annual cumulative report
6 to the Governor and the General Assembly incorporating the
7 data in the above reports and including appropriate findings
8 and recommendations. The reports concerning the death of a
9 child and the cumulative reports shall be made available to
10 the public after completion or submittal.
11 (d) To enable the Department to prepare the report, the
12 Department may request and shall timely receive from
13 departments, boards, bureaus, or other agencies of the State,
14 or any of its political subdivisions, or any duly authorized
15 agency, or any other agency which provided assistance, care,
16 or services to the deceased child any information they are
17 authorized to provide.
18 (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
19 Sec. 7.14. All reports in the central register shall be
20 classified in one of three categories: "indicated",
21 "unfounded" or "undetermined", as the case may be. After the
22 report is classified, the person making the classification
23 shall determine whether the child named in the report is the
24 subject of an action under Article II of the Juvenile Court
25 Act of 1987. If the child is the subject of an action under
26 Article II of the Juvenile Court Act, the Department shall
27 transmit a copy of the report to the guardian ad litem
28 appointed for the child under Section 2-17 of the Juvenile
29 Court Act. All information identifying the subjects of an
30 unfounded report shall be legally sealed by expunged from the
31 register forthwith, except as provided in Section 7.7.
32 Unfounded reports may only be unsealed and made available to
33 the Child Protective Service Unit when investigating a
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1 subsequent report of suspected abuse or maltreatment
2 involving a child named in the unfounded report; and to the
3 subject of the report, provided that the subject requests the
4 report within 60 days of being notified that the report was
5 unfounded. The Child Protective Service Unit shall not
6 indicate the subsequent report solely based upon the
7 existence of the prior unfounded report or reports.
8 Notwithstanding any other provision of law to the contrary,
9 an unfounded report shall not be admissible in any judicial
10 or administrative proceeding or action. Legally sealed
11 unfounded reports shall be expunged 10 years after the
12 eighteenth birthday of the youngest child named in the
13 report. Identifying information on all other records shall be
14 removed from the register no later than 5 years after the
15 report is indicated. However, if another report is received
16 involving the same child, his sibling or offspring, or a
17 child in the care of the persons responsible for the child's
18 welfare, the identifying information may be maintained in the
19 register until 5 years after the subsequent case or report is
20 closed.
21 Notwithstanding any other provision of this Section,
22 identifying information in indicated reports involving the
23 sexual abuse of a child, the death of a child, or serious
24 physical injury to a child as defined by the Department in
25 rules, may be retained longer than 5 years after the report
26 is indicated or after the subsequent case or report is
27 closed, and may not be removed from the register except as
28 provided by the Department in rules.
29 (Source: P.A. 86-904; 87-649.)
30 (325 ILCS 5/7.15) (from Ch. 23, par. 2057.15)
31 Sec. 7.15. The central register may contain such other
32 information which the Department determines to be in
33 furtherance of the purposes of this Act. Pursuant to the
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1 provisions of Sections 7.14 and 7.16, the Department may
2 amend, expunge, or remove from the central register
3 appropriate records upon good cause shown and upon notice to
4 the subjects of the report and the Child Protective Service
5 Unit.
6 (Source: P.A. 81-1077.)
7 (325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)
8 Sec. 7.16. Within 60 days after the notification of the
9 completion of the Child Protective Service Unit
10 investigation, determined by the date of the notification
11 sent by the Department, a subject of a report may request the
12 Department to amend the record, expunge identifying
13 information from, or remove the record of the report from the
14 register. Such request shall be in writing and directed to
15 such person as the Department designates in the notification.
16 The Department shall disregard any request not made in such
17 manner. If the Department refuses to do so or does not act
18 within 30 days, the subject shall have the right to a hearing
19 within the Department to determine whether the record of the
20 report should be amended, expunged, or removed on the grounds
21 that it is inaccurate or it is being maintained in a manner
22 inconsistent with this Act, except that there shall be no
23 such right to a hearing on the ground of the report's
24 inaccuracy if there has been a court finding of child abuse
25 or neglect, the report's accuracy being conclusively presumed
26 on such finding. Such hearing shall be held within a
27 reasonable time after the subject's request and at a
28 reasonable place and hour. The appropriate Child Protective
29 Service Unit shall be given notice of the hearing. In such
30 hearings, the burden of proving the accuracy and consistency
31 of the record shall be on the Department and the appropriate
32 Child Protective Service Unit. The hearing shall be conducted
33 by the Director or his designee, who is hereby authorized
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1 and empowered to order the amendment, expunction, or removal
2 of the record to make it accurate and consistent with this
3 Act. The decision shall be made, in writing, at the close of
4 the hearing, or within 30 days thereof, and shall state the
5 reasons upon which it is based. Decisions of the Department
6 under this Section are administrative decisions subject to
7 judicial review under the Administrative Review Law.
8 Should the Department grant the request of the subject of
9 the report pursuant to this Section either on administrative
10 review or after administrative hearing to amend an indicated
11 report to an unfounded report, the report shall be legally
12 sealed and shall be released and expunged in accordance with
13 the standards set forth in Section 7.14 of this Act.
14 (Source: P.A. 86-904.)
15 (325 ILCS 5/9) (from Ch. 23, par. 2059)
16 Sec. 9. Any person, institution or agency, under this
17 Act, participating in good faith in the making of a report or
18 referral, or in the investigation of such a report or
19 referral or in the taking of photographs and x-rays or in the
20 retaining a child in temporary protective custody or in
21 making a disclosure of information concerning reports of
22 child abuse and neglect in compliance with Sections 4.2,
23 11.1, and 11.8 of this Act shall have immunity from any
24 liability, civil, criminal or that otherwise might result by
25 reason of such actions. For the purpose of any proceedings,
26 civil or criminal, the good faith of any persons required to
27 report or refer, or permitted to report, cases of suspected
28 child abuse or neglect or permitted to refer individuals
29 under this Act or required to disclose information concerning
30 reports of child abuse and neglect in compliance with
31 Sections 4.2, 11.1, and 11.8 of this Act, shall be presumed.
32 (Source: P.A. 86-1004.)
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1 (325 ILCS 5/11) (from Ch. 23, par. 2061)
2 Sec. 11. All records concerning reports of child abuse
3 and neglect or records concerning referrals under this Act
4 and all records generated as a result of such reports or
5 referrals, shall be confidential and shall not be disclosed
6 except as specifically authorized by this Act or other
7 applicable law. It is a Class A misdemeanor to permit,
8 assist, or encourage the unauthorized release of any
9 information contained in such reports, referrals or records.
10 Nothing contained in this Section prevents the sharing or
11 disclosure of records relating or pertaining to the death of
12 a minor under the care of or receiving services from the
13 Department of Children and Family Services and under the
14 jurisdiction of the juvenile court with the juvenile court,
15 the State's Attorney, and the minor's attorney.
16 (Source: P.A. 86-1004.)
17 (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
18 (Text of Section before amendment by P.A. 89-507)
19 Sec. 11.1. Access to records. A person shall have
20 access to the records described in Section 11 only in
21 furtherance of purposes directly connected with the
22 administration of this Act or the Intergovernmental Missing
23 Child Recovery Act of 1984. Those persons and purposes for
24 access include:
25 (1) Department staff in the furtherance of their
26 responsibilities under this Act, or for the purpose of
27 completing background investigations on persons or
28 agencies licensed by the Department or with whom the
29 Department contracts for the provision of child welfare
30 services.
31 (2) A law enforcement agency investigating known or
32 suspected child abuse or neglect, known or suspected
33 involvement with child pornography, known or suspected
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1 criminal sexual assault, known or suspected criminal
2 sexual abuse, or any other sexual offense when a child is
3 alleged to be involved.
4 (3) The Department of State Police when
5 administering the provisions of the Intergovernmental
6 Missing Child Recovery Act of 1984.
7 (4) A physician who has before him a child whom he
8 reasonably suspects may be abused or neglected.
9 (5) A person authorized under Section 5 of this Act
10 to place a child in temporary protective custody when
11 such person requires the information in the report or
12 record to determine whether to place the child in
13 temporary protective custody.
14 (6) A person having the legal responsibility or
15 authorization to care for, treat, or supervise a child or
16 a parent, guardian, or other person responsible for the
17 child's welfare who is the subject of a report.
18 (7) Except in regard to harmful or detrimental
19 information as provided in Section 7.19, any subject of
20 the report, and if the subject of the report is a minor,
21 his guardian or guardian ad litem.
22 (8) A court, upon its finding that access to such
23 records may be necessary for the determination of an
24 issue before such court; however, such access shall be
25 limited to in camera inspection, unless the court
26 determines that public disclosure of the information
27 contained therein is necessary for the resolution of an
28 issue then pending before it.
29 (8.1) A probation officer or other authorized
30 representative of a probation or court services
31 department conducting an investigation ordered by a court
32 under the Juvenile Court Act of l987.
33 (9) A grand jury, upon its determination that
34 access to such records is necessary in the conduct of its
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1 official business.
2 (10) Any person authorized by the Director, in
3 writing, for audit or bona fide research purposes.
4 (11) Law enforcement agencies, coroners or medical
5 examiners, physicians, courts, school superintendents and
6 child welfare agencies in other states who are
7 responsible for child abuse or neglect investigations or
8 background investigations.
9 (12) The Department of Professional Regulation, the
10 State Board of Education and school superintendents in
11 Illinois, who may use or disclose information from the
12 records as they deem necessary to conduct investigations
13 or take disciplinary action, as provided by law.
14 (13) A coroner or medical examiner who has reason
15 to believe that a child has died as the result of abuse
16 or neglect.
17 (14) The Director of a State-operated facility when
18 an employee of that facility is the perpetrator in an
19 indicated report.
20 (15) The operator of a licensed child care facility
21 or a facility licensed by the Department of Alcoholism
22 and Substance Abuse in which children reside when a
23 current or prospective employee of that facility is the
24 perpetrator in an indicated child abuse or neglect
25 report, pursuant to Section 4.3 of the Child Care Act of
26 1969.
27 (16) Members of a multidisciplinary team in the
28 furtherance of its responsibilities under subsection (b)
29 of Section 7.1. All reports concerning child abuse and
30 neglect made available to members of such
31 multidisciplinary teams and all records generated as a
32 result of such reports shall be confidential and shall
33 not be disclosed, except as specifically authorized by
34 this Act or other applicable law. It is a Class A
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1 misdemeanor to permit, assist or encourage the
2 unauthorized release of any information contained in such
3 reports or records. Nothing contained in this Section
4 prevents the sharing of reports or records relating or
5 pertaining to the death of a minor under the care of or
6 receiving services from the Department of Children and
7 Family Services and under the jurisdiction of the
8 juvenile court with the juvenile court, the State's
9 Attorney, and the minor's attorney.
10 (17) The Department of Rehabilitation Services, as
11 provided in Section 17 of the Disabled Persons
12 Rehabilitation Act.
13 (18) Any other agency or investigative body,
14 including the Department of Public Health and a local
15 board of health, authorized by State law to conduct an
16 investigation into the quality of care provided to
17 children in hospitals and other State regulated care
18 facilities. The access to and release of information
19 from such records shall be subject to the approval of the
20 Director of the Department or his designee.
21 (19) The person appointed, under Section 2-17 of
22 the Juvenile Court Act, as the guardian ad litem of a
23 minor who is the subject of a report or records under
24 this Act.
25 (20) Nothing contained in this Act prevents the
26 sharing or disclosure of information or records relating
27 or pertaining to juveniles subject to the provisions of
28 the Serious Habitual Offender Comprehensive Action
29 Program when that information is used to assist in the
30 early identification and treatment of habitual juvenile
31 offenders.
32 (21) To the extent that persons or agencies are
33 given access to information pursuant to this Section,
34 those persons or agencies may give this information to
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1 and receive this information from each other in order to
2 facilitate an investigation conducted by those persons or
3 agencies.
4 (Source: P.A. 87-649; 87-928; 87-1184; 88-45.)
5 (Text of Section after amendment by P.A. 89-507)
6 Sec. 11.1. Access to records. A person shall have
7 access to the records described in Section 11 only in
8 furtherance of purposes directly connected with the
9 administration of this Act or the Intergovernmental Missing
10 Child Recovery Act of 1984. Those persons and purposes for
11 access include:
12 (1) Department staff in the furtherance of their
13 responsibilities under this Act, or for the purpose of
14 completing background investigations on persons or
15 agencies licensed by the Department or with whom the
16 Department contracts for the provision of child welfare
17 services.
18 (2) A law enforcement agency investigating known or
19 suspected child abuse or neglect, known or suspected
20 involvement with child pornography, known or suspected
21 criminal sexual assault, known or suspected criminal
22 sexual abuse, or any other sexual offense when a child is
23 alleged to be involved.
24 (3) The Department of State Police when
25 administering the provisions of the Intergovernmental
26 Missing Child Recovery Act of 1984.
27 (4) A physician who has before him a child whom he
28 reasonably suspects may be abused or neglected.
29 (5) A person authorized under Section 5 of this Act
30 to place a child in temporary protective custody when
31 such person requires the information in the report or
32 record to determine whether to place the child in
33 temporary protective custody.
34 (6) A person having the legal responsibility or
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1 authorization to care for, treat, or supervise a child or
2 a parent, guardian, or other person responsible for the
3 child's welfare who is the subject of a report.
4 (7) Except in regard to harmful or detrimental
5 information as provided in Section 7.19, any subject of
6 the report, and if the subject of the report is a minor,
7 his guardian or guardian ad litem.
8 (8) A court, upon its finding that access to such
9 records may be necessary for the determination of an
10 issue before such court; however, such access shall be
11 limited to in camera inspection, unless the court
12 determines that public disclosure of the information
13 contained therein is necessary for the resolution of an
14 issue then pending before it.
15 (8.1) A probation officer or other authorized
16 representative of a probation or court services
17 department conducting an investigation ordered by a court
18 under the Juvenile Court Act of l987.
19 (9) A grand jury, upon its determination that
20 access to such records is necessary in the conduct of its
21 official business.
22 (10) Any person authorized by the Director, in
23 writing, for audit or bona fide research purposes.
24 (11) Law enforcement agencies, coroners or medical
25 examiners, physicians, courts, school superintendents and
26 child welfare agencies in other states who are
27 responsible for child abuse or neglect investigations or
28 background investigations.
29 (12) The Department of Professional Regulation, the
30 State Board of Education and school superintendents in
31 Illinois, who may use or disclose information from the
32 records as they deem necessary to conduct investigations
33 or take disciplinary action, as provided by law.
34 (13) A coroner or medical examiner who has reason
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1 to believe that a child has died as the result of abuse
2 or neglect.
3 (14) The Director of a State-operated facility when
4 an employee of that facility is the perpetrator in an
5 indicated report.
6 (15) The operator of a licensed child care facility
7 or a facility licensed by the Department of Human
8 Services (as successor to the Department of Alcoholism
9 and Substance Abuse) in which children reside when a
10 current or prospective employee of that facility is the
11 perpetrator in an indicated child abuse or neglect
12 report, pursuant to Section 4.3 of the Child Care Act of
13 1969.
14 (16) Members of a multidisciplinary team in the
15 furtherance of its responsibilities under subsection (b)
16 of Section 7.1. All reports concerning child abuse and
17 neglect made available to members of such
18 multidisciplinary teams and all records generated as a
19 result of such reports shall be confidential and shall
20 not be disclosed, except as specifically authorized by
21 this Act or other applicable law. It is a Class A
22 misdemeanor to permit, assist or encourage the
23 unauthorized release of any information contained in such
24 reports or records. Nothing contained in this Section
25 prevents the sharing of reports or records relating or
26 pertaining to the death of a minor under the care of or
27 receiving services from the Department of Children and
28 Family Services and under the jurisdiction of the
29 juvenile court with the juvenile court, the State's
30 Attorney, and the minor's attorney.
31 (17) The Department of Human Services, as provided
32 in Section 17 of the Disabled Persons Rehabilitation Act.
33 (18) Any other agency or investigative body,
34 including the Department of Public Health and a local
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1 board of health, authorized by State law to conduct an
2 investigation into the quality of care provided to
3 children in hospitals and other State regulated care
4 facilities. The access to and release of information
5 from such records shall be subject to the approval of the
6 Director of the Department or his designee.
7 (19) The person appointed, under Section 2-17 of
8 the Juvenile Court Act, as the guardian ad litem of a
9 minor who is the subject of a report or records under
10 this Act.
11 (20) Nothing contained in this Act prevents the
12 sharing or disclosure of information or records relating
13 or pertaining to juveniles subject to the provisions of
14 the Serious Habitual Offender Comprehensive Action
15 Program when that information is used to assist in the
16 early identification and treatment of habitual juvenile
17 offenders.
18 (21) To the extent that persons or agencies are
19 given access to information pursuant to this Section,
20 those persons or agencies may give this information to
21 and receive this information from each other in order to
22 facilitate an investigation conducted by those persons or
23 agencies.
24 (Source: P.A. 88-45; 89-507, eff. 7-1-97.)
25 (325 ILCS 5/11.3) (from Ch. 23, par. 2061.3)
26 Sec. 11.3. A person given access to the names or other
27 information identifying the subjects of the report, except
28 the subject of the report, shall not make public such
29 identifying information unless he is a State's attorney or
30 other law enforcement official and the purpose is to initiate
31 court action. Violation of this Section is a Class A
32 misdemeanor.
33 Nothing contained in this Section prevents the sharing of
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1 reports relating or pertaining to the death of a minor under
2 the care of or receiving services from the Department of
3 Children and Family Services and under the jurisdiction of
4 the juvenile court with the juvenile court, the State's
5 Attorney, and the minor's attorney.
6 (Source: P.A. 81-1077.)
7 (325 ILCS 5/11.8 new)
8 Sec. 11.8. Disclosure of information.
9 (a) Notwithstanding any inconsistent provision of law to
10 the contrary, the Department may disclose information
11 regarding the involvement of the Child Protective Service
12 Unit that followed a report of child abuse or maltreatment if
13 it is determined that the disclosure is not contrary to the
14 best interests of the child, the child's siblings, and other
15 children in the household, and any one of the following
16 factors are present:
17 (1) The subject of the report has been charged in
18 an accusatory instrument with committing a crime related
19 to a report maintained in the central register.
20 (2) The involvement of the Child Protective Service
21 Unit has been publicly disclosed in a report required to
22 be disclosed in the course of its official duties by a
23 law enforcement agency or official, a State's Attorney,
24 or a circuit court judge.
25 (3) There has been a prior knowing, voluntary,
26 public disclosure by an individual concerning a report of
27 child abuse or maltreatment in which the individual is
28 named as the subject of the report.
29 (4) The child named in the report has died.
30 (b) For the purposes of this Section, the following
31 information may be disclosed:
32 (1) The name of the abused or maltreated child.
33 (2) The determination by the Child Protective
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1 Service Unit and the findings upon which the
2 determination was based.
3 (3) Identification of child protective or other
4 services provided or actions, if any, taken regarding the
5 child named in the report and his or her family as a
6 result of any such report or reports.
7 (4) Whether any report of abuse or maltreatment
8 regarding the child has been "indicated" as maintained by
9 the central register.
10 (5) Any actions taken by the Child Protective
11 Service Unit and the Department in response to reports of
12 abuse or maltreatment of the child to the central
13 register including but not limited to actions taken after
14 each and every report of abuse or maltreatment of the
15 child and the dates of the reports.
16 (6) Whether the child or the child's family has
17 received care or services from the Department prior to
18 each and every report of abuse or maltreatment of the
19 child.
20 (7) Any extraordinary or pertinent information
21 concerning the circumstances of the abuse or maltreatment
22 of the child and the investigation thereof, where the
23 Department determines the disclosure is consistent with
24 the public interest.
25 (c) Information may be disclosed pursuant to this
26 Section as follows:
27 (1) Information released prior to the completion of
28 the investigation of a report shall be limited to a
29 statement that a report is "under investigation".
30 (2) When there has been a prior disclosure pursuant
31 to paragraph (1) of this subsection, information
32 released in a case in which the report has been
33 unfounded shall be limited to the statement that "the
34 investigation has been completed, and the report has been
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1 unfounded".
2 (3) If the report has been "indicated" then
3 information may be released pursuant to subsection (b)
4 of this Section.
5 (d) Any disclosure of information pursuant to this
6 Section shall be consistent with the provisions of subsection
7 (b) of this Section. The disclosure shall not identify or
8 provide an identifying description of the source of the
9 report, and shall not identify the name of the abused or
10 maltreated child's siblings, the parent or other person
11 legally responsible for the child, or any other members of
12 the child's household, other than the subject of the report.
13 (e) In determining pursuant to subsection (a) of this
14 Section whether disclosure will be contrary to the best
15 interests of the child, the child's siblings, or other
16 children in the household, the Department shall consider the
17 interest in privacy of the child and the child's family and
18 the effects that disclosure may have on efforts to reunite
19 and provide services to the family.
20 (f) Whenever a disclosure of information is made under
21 this Section, the Department shall make a written statement,
22 before disclosing the information, to the State's Attorney of
23 the county in which the incident occurred setting forth each
24 factor under subsection (a) upon which the Department is
25 making the disclosure.
26 (g) Except as it applies directly to the cause of the
27 abuse or maltreatment of the child, nothing in this Section
28 shall be deemed to authorize the release or disclosure of the
29 substance or content of any psychological, psychiatric,
30 therapeutic, clinical, or medical reports, evaluations, or
31 like materials or information pertaining to the child or the
32 child's family.
33 Section 95. No acceleration or delay. Where this Act
-20- LRB9000716MWpcam
1 makes changes in a statute that is represented in this Act by
2 text that is not yet or no longer in effect (for example, a
3 Section represented by multiple versions), the use of that
4 text does not accelerate or delay the taking effect of (i)
5 the changes made by this Act or (ii) provisions derived from
6 any other Public Act.
7 Section 99. This Act takes effect upon becoming law.".