State of Illinois
91st General Assembly
Legislation

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91_HB2947eng

HB2947 Engrossed                               LRB9109423MWgc

 1        AN ACT to amend the Children and Family Services  Act  by
 2    changing Section 35.1.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The  Children  and  Family  Services  Act  is
 6    amended by changing Section 35.1 as follows:

 7        (20 ILCS 505/35.1) (from Ch. 23, par. 5035.1)
 8        Sec.  35.1.  The case and clinical records of patients in
 9    Department supervised facilities, wards  of  the  Department,
10    children  receiving  or  applying for child welfare services,
11    persons receiving or  applying  for  other  services  of  the
12    Department,  and  Department  reports  of  injury or abuse to
13    children shall not be open to the general public.  Such  case
14    and clinical records and reports or the information contained
15    therein  shall be disclosed by the Director of the Department
16    to juvenile authorities when necessary for the  discharge  of
17    their  official duties who request information concerning the
18    minor and who certify in writing that  the  information  will
19    not  be disclosed to any other party except as provided under
20    law or  order  of  court.   For  purposes  of  this  Section,
21    "juvenile  authorities"  means:  (i)  a  judge of the circuit
22    court and members of the staff of the court designated by the
23    judge; (ii) parties to the  proceedings  under  the  Juvenile
24    Court  Act  of  1987  and  their  attorneys;  (iii) probation
25    officers and  court  appointed  advocates  for  the  juvenile
26    authorized   by   the  judge  hearing  the  case;   (iv)  any
27    individual, public or private agency having  custody  of  the
28    child  pursuant to court order; (v) any individual, public or
29    private agency providing education, medical or mental  health
30    service to the child when the requested information is needed
31    to  determine  the  appropriate  service or treatment for the
 
HB2947 Engrossed            -2-                LRB9109423MWgc
 1    minor;  (vi)  any  potential  placement  provider  when  such
 2    release is authorized by the court for the limited purpose of
 3    determining the appropriateness of the  potential  placement;
 4    (vii)  law enforcement officers and prosecutors; (viii) adult
 5    and juvenile prisoner review boards; (ix) authorized military
 6    personnel; (x) individuals  authorized  by  court;  (xi)  the
 7    Illinois  General  Assembly  or  any  committee or commission
 8    thereof.  This Section does not  apply  to  the  Department's
 9    fiscal  records,  other  records  of  a purely administrative
10    nature, or any forms, documents or other records required  of
11    facilities  subject  to licensure by the Department except as
12    may otherwise be provided under the Child Care Act of 1969.
13        Nothing contained in this Act  prevents  the  sharing  or
14    disclosure  of  information or records relating or pertaining
15    to  juveniles  subject  to  the  provisions  of  the  Serious
16    Habitual Offender  Comprehensive  Action  Program  when  that
17    information is used to assist in the early identification and
18    treatment of habitual juvenile offenders.
19        Nothing  contained  in  this  Act prevents the sharing or
20    disclosure of information or records relating  or  pertaining
21    to  the  death  of  a  minor  under  the care of or receiving
22    services from the Department and under  the  jurisdiction  of
23    the  juvenile  court  with  the  juvenile  court, the State's
24    Attorney, and the minor's attorney.
25        Nothing contained in this Section prohibits  or  prevents
26    any  individual dealing with or providing services to a minor
27    from sharing information with another individual dealing with
28    or  providing  services  to  a  minor  for  the  purpose   of
29    coordinating  efforts on behalf of the minor.  The sharing of
30    such information is only for the purpose stated herein and is
31    to  be  consistent  with  the  intent  and  purpose  of   the
32    confidentiality provisions of the Juvenile Court Act of 1987.
33    This  provision  does  not abrogate any recognized privilege.
34    Sharing information does  not  include  copying  of  records,
 
HB2947 Engrossed            -3-                LRB9109423MWgc
 1    reports or case files unless authorized herein.
 2        Nothing   in  this  Section  prohibits  or  prevents  the
 3    re-disclosure of records, reports, or other information  that
 4    reveals  malfeasance  or  nonfeasance  on  the  part  of  the
 5    Department,  its  employees,  or its agents.  Nothing in this
 6    Section prohibits or prevents the Department or a party in  a
 7    proceeding  under the Juvenile Court Act of 1987 from copying
 8    records, reports, or case files for the  purpose  of  sharing
 9    those documents with other parties to the litigation.
10    (Source: P.A. 90-15, eff. 6-13-97; 90-590, eff. 1-1-00.)

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