Public Act 90-0075 of the 90th General Assembly
Public Act 90-0075
SB853 Enrolled LRB9002519SMcw
AN ACT to amend the Abused and Neglected Child Reporting
Act by adding Section 11.1a.
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 adding Section 11.1a as follows:
(325 ILCS 5/11.1a new)
Sec. 11.1a. Disclosure of information.
(a) The Director or a person designated in writing by
the Director for this purpose may disclose information
regarding the abuse or neglect of a child as set forth in
this Section, the investigation thereof, and any services
related thereto, if he or she determines that such disclosure
is not contrary to the best interests of the child, the
child's siblings, or other children in the household, and one
of the following factors are present:
(1) The subject of the report has been criminally
charged with committing a crime related to the child
abuse or neglect report; or
(2) A law enforcement agency or official, a State's
Attorney, or a judge of the State court system has
publicly disclosed in a report as part of his or her
official duty, information regarding the investigation of
a report or the provision of services by the Department;
or
(3) An adult subject of the report has knowingly
and voluntarily made a public disclosure concerning a
Child Abuse and Neglect Tracking System report; or
(4) The child named in the report has been
critically injured or died.
(b) Information may be disclosed pursuant to this
Section as follows:
(1) The name of the alleged abused or neglected
child.
(2) The current status of the investigation,
including whether a determination of credible evidence
has been made.
(3) Identification of child protective or other
services provided or actions taken regarding the child
named in the report and his or her family as a result of
this report.
(4) Whether there have been past reports of child
abuse or neglect involving this child or family, or both.
Any such reports shall be clearly identified as being
"Indicated", "Unfounded", or "Pending".
(5) Whether the Department has a current or past
open service case with the family, and a history of what
types of services have been, or are being, provided.
(6) Any extraordinary or pertinent information
concerning the circumstances of the report, if the
Director determines such disclosure is consistent with
the public interest.
(c) Any disclosure of information pursuant to this
Section shall not identify the name of or provide identifying
information regarding the source of the report.
(d) In determining pursuant to subsection (a) of this
Section, whether disclosure will be contrary to the best
interests of the child, the child's siblings, or other
children in the household, the Director shall consider the
interest in privacy of the child and the child's family and
the effects which disclosure may have on efforts to reunite
and provide services to the family.
(e) Except as it applies directly to the cause of the
abuse or neglect of the child, nothing in this Section shall
be deemed to authorize the release or disclosure of the
substance or content of any psychological, psychiatric,
therapeutic, clinical, or medical reports, evaluations, or
like materials pertaining to the child or the child's family.
Prior to the release or disclosure of any psychological,
psychiatric, or therapeutic reports pursuant to this
subsection, the Deputy Director of Clinical Services shall
review such materials and make recommendations regarding its
release. Any disclosure of information pursuant to this
Section shall not identify the health care provider, health
care facility or other maker of the report or source of any
psychological, psychiatric, therapeutic, clinical, or medical
reports, evaluations, or like materials.
(f) Regarding child abuse or neglect reports which occur
at a facility licensed by the Department of Children and
Family Services, only the following information may be
disclosed or released:
(1) The name of the facility.
(2) The nature of the allegations of abuse or
neglect.
(3) The number and ages of child victims involved,
and their relationship to the perpetrator.
(4) Actions the Department has taken to ensure the
safety of the children during and subsequent to the
investigation.
(5) The final finding status of the investigation.