Public Act 93-0147

HB2848 Enrolled                      LRB093 07152 DRJ 07307 b

    AN ACT in relation to children.

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

    Section  3.  The Abused and Neglected Child Reporting Act
is amended by  changing Section 11.1 as follows:

    (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
    Sec. 11.1.  Access to records.
    (a)  A person shall have access to the records  described
in  Section  11  only  in  furtherance  of  purposes directly
connected  with  the  administration  of  this  Act  or   the
Intergovernmental  Missing Child Recovery Act of 1984.  Those
persons and purposes for access include:
         (1)  Department staff in the  furtherance  of  their
    responsibilities  under  this  Act, or for the purpose of
    completing  background  investigations  on   persons   or
    agencies  licensed  by  the  Department  or with whom the
    Department contracts for the provision of  child  welfare
    services.
         (2)  A law enforcement agency investigating known or
    suspected  child  abuse  or  neglect,  known or suspected
    involvement with child pornography,  known  or  suspected
    criminal  sexual  assault,  known  or  suspected criminal
    sexual abuse, or any other sexual offense when a child is
    alleged to be involved.
         (3)  The   Department   of   State    Police    when
    administering  the  provisions  of  the Intergovernmental
    Missing Child Recovery Act of 1984.
         (4)  A physician who has before him a child whom  he
    reasonably suspects may be abused or neglected.
         (5)  A person authorized under Section 5 of this Act
    to  place  a  child  in temporary protective custody when
    such person requires the information  in  the  report  or
    record  to  determine  whether  to  place  the  child  in
    temporary protective custody.
         (6)  A  person  having  the  legal responsibility or
    authorization to care for, treat, or supervise a child or
    a parent, guardian, or other person responsible  for  the
    child's welfare who is the subject of a report.
         (7)  Except  in  regard  to  harmful  or detrimental
    information as provided in Section 7.19, any  subject  of
    the  report, and if the subject of the report is a minor,
    his guardian or guardian ad litem.
         (8)  A court, upon its finding that access  to  such
    records  may  be  necessary  for  the determination of an
    issue before such court; however, such  access  shall  be
    limited   to  in  camera  inspection,  unless  the  court
    determines that  public  disclosure  of  the  information
    contained  therein  is necessary for the resolution of an
    issue then pending before it.
         (8.1)  A  probation  officer  or  other   authorized
    representative   of   a   probation   or  court  services
    department conducting an investigation ordered by a court
    under the Juvenile Court Act of l987.
         (9)  A  grand  jury,  upon  its  determination  that
    access to such records is necessary in the conduct of its
    official business.
         (10)  Any person  authorized  by  the  Director,  in
    writing, for audit or bona fide research purposes.
         (11)  Law  enforcement agencies, coroners or medical
    examiners, physicians, courts, school superintendents and
    child  welfare  agencies  in   other   states   who   are
    responsible  for child abuse or neglect investigations or
    background investigations.
         (12)  The Department of Professional Regulation, the
    State Board of Education and  school  superintendents  in
    Illinois,  who  may  use or disclose information from the
    records as they deem necessary to conduct  investigations
    or take disciplinary action, as provided by law.
         (13)  A  coroner  or medical examiner who has reason
    to believe that a child has died as the result  of  abuse
    or neglect.
         (14)  The Director of a State-operated facility when
    an  employee  of  that  facility is the perpetrator in an
    indicated report.
         (15)  The operator of a licensed child care facility
    or  a  facility  licensed  by  the  Department  of  Human
    Services (as successor to the  Department  of  Alcoholism
    and  Substance  Abuse)  in  which  children reside when a
    current or prospective employee of that facility  is  the
    perpetrator  in  an  indicated  child  abuse  or  neglect
    report,  pursuant to Section 4.3 of the Child Care Act of
    1969.
         (16)  Members of a  multidisciplinary  team  in  the
    furtherance  of its responsibilities under subsection (b)
    of Section 7.1.  All reports concerning child  abuse  and
    neglect    made    available    to    members   of   such
    multidisciplinary teams and all records  generated  as  a
    result  of  such  reports shall be confidential and shall
    not be disclosed, except as  specifically  authorized  by
    this  Act  or  other  applicable  law.   It  is a Class A
    misdemeanor  to   permit,   assist   or   encourage   the
    unauthorized release of any information contained in such
    reports  or  records.   Nothing contained in this Section
    prevents the sharing of reports or  records  relating  or
    pertaining  to  the death of a minor under the care of or
    receiving services from the Department  of  Children  and
    Family   Services  and  under  the  jurisdiction  of  the
    juvenile court  with  the  juvenile  court,  the  State's
    Attorney, and the minor's attorney.
         (17)  The  Department of Human Services, as provided
    in Section 17 of the Disabled Persons Rehabilitation Act.
         (18)  Any  other  agency  or   investigative   body,
    including  the  Department  of  Public Health and a local
    board of health, authorized by State law  to  conduct  an
    investigation  into  the  quality  of  care  provided  to
    children  in  hospitals  and  other  State regulated care
    facilities.  The access  to and  release  of  information
    from such records shall be subject to the approval of the
    Director of the Department or his designee.
         (19)  The  person  appointed,  under Section 2-17 of
    the Juvenile Court Act of 1987, as the guardian ad  litem
    of  a  minor  who  is  the subject of a report or records
    under this Act.
         (20)  The Department of Human Services, as  provided
    in  Section 10 of the Early  Intervention Services System
    Act, and the  operator  of  a  facility  providing  early
    intervention  services  pursuant  to  that  Act,  for the
    purpose of determining whether a  current or  prospective
    employee  who  provides  or  may  provide direct services
    under that  Act is the perpetrator in an indicated report
    of child abuse or neglect filed under this Act.
    (b)  Nothing contained in this Act prevents  the  sharing
or   disclosure   of   information  or  records  relating  or
pertaining to juveniles subject  to  the  provisions  of  the
Serious  Habitual  Offender Comprehensive Action Program when
that  information  is   used   to   assist   in   the   early
identification and treatment of habitual juvenile offenders.
    (c)  To  the  extent  that  persons or agencies are given
access to information pursuant to this Section, those persons
or agencies may give this information  to  and  receive  this
information  from  each  other  in  order  to  facilitate  an
investigation conducted by those persons or agencies.
(Source: P.A. 90-15, eff. 6-13-97; 91-357, eff. 7-29-99.)
    Section 5.  The Early Intervention Services System Act is
amended by changing Sections 10 and 13.32 as follows:

    (325 ILCS 20/10) (from Ch. 23, par. 4160)
    Sec.  10.  Standards.  The  Council  and the lead agency,
with assistance from parents and providers, shall develop and
promulgate  policies   and   procedures   relating   to   the
establishment  and  implementation  of  program and personnel
standards to ensure that  services  provided  are  consistent
with   any   State-approved   or   recognized  certification,
licensing, registration,  or  other  comparable  requirements
which apply to the area of early intervention program service
standards.   Only  State-approved  public  or  private  early
intervention service providers shall be eligible  to  receive
State  and  federal  funding for early intervention services.
All early childhood intervention staff shall hold the highest
entry requirement necessary for that position.
    To  be  a  State-approved  early   intervention   service
provider,  an  individual  (i)  shall    not  have  served or
completed, within the  preceding  5  years,  a  sentence  for
conviction  of  any felony that the Department establishes by
rule and (ii) shall not have been indicated  as a perpetrator
of child abuse or neglect, within the preceding 5  years,  in
an  investigation    by  Illinois (pursuant to the Abused and
Neglected Child  Reporting  Act)  or  another  state.     The
Department  is  authorized  to  receive  criminal  background
checks  for such providers  and persons applying to be such a
provider and to  receive  child  abuse  and  neglect  reports
regarding  indicated perpetrators who are applying to provide
or  currently  authorized  to    provide  early  intervention
services in Illinois.   Beginning  January  1,  2004,   every
provider  of  State-approved  early intervention services and
every applicant to provide  such services must authorize,  in
writing  and  in  the  form  required  by  the  Department, a
criminal background  check  and  check  of  child  abuse  and
neglect  reports  regarding  the   provider or applicant as a
condition of  authorization  to  provide  early  intervention
services.  The Department shall use the results of the checks
only to determine State  approval of the  early  intervention
service  provider  and  shall not re-release the  information
except as necessary to accomplish that purpose.
(Source: P.A. 87-680; 87-847.)

    (325 ILCS 20/13.32)
    Sec. 13.32.  Contracting. The lead agency may enter  into
contracts  for some or all of its responsibilities under this
Act,  including  but  not  limited  to,   credentialing   and
enrolling    providers;   training   under   Section   13.30;
maintaining a central billing  office;  data  collection  and
analysis;  establishing  and  maintaining a computerized case
management system accessible to local  referral  offices  and
providers;  creating  and  maintaining  a system for provider
credentialing and enrollment; creating  and  maintaining  the
central  directory required under subsection (g) of Section 7
of this Act;  and  program  operations.  If  contracted,  the
contract  shall  be subject to a public request for proposals
as   described   in   the    Illinois    Procurement    Code,
notwithstanding  any exemptions or alternative processes that
may be allowed for such a contract under that Code,  and,  in
addition  to  the posting requirements under that Code, shall
be posted on the early intervention website maintained by the
lead agency during the entire bid period. With the  exception
of contracts with or grants to regional  intake entities, any
of  these listed responsibilities currently under contract or
grant that have not met these requirements shall  be  subject
to  public  bid  under  this  request for proposal process no
later than July 1, 2002 or the date  of  termination  of  any
contract  in  place.  Contracts  with  or  grants to regional
intake entities must be made subject to public  bid  under  a
request for proposals process no later than July 1, 2005.
(Source: P.A. 92-307, eff. 8-9-01.)

Effective Date: 01/01/04