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Public Act 097-1068


 

Public Act 1068 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-1068
 
HB4966 EnrolledLRB097 19242 KTG 64484 b

    AN ACT concerning children.
 
    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 changing Section 4.2 as follows:
 
    (325 ILCS 5/4.2)
    Sec. 4.2. Departmental report on death or serious
life-threatening injury of child.
    (a) In the case of the death or serious life-threatening
injury of a child whose care and custody or custody and
guardianship has been transferred to the Department, or in the
case of a child abuse or neglect report made to the central
register involving the death of a child, the Department shall
(i) investigate or provide for an investigation of the cause of
and circumstances surrounding the death or serious
life-threatening injury, (ii) review the investigation, and
(iii) prepare and issue a report on the death or serious
life-threatening injury.
    (b) The report shall include (i) the cause of death or
serious life-threatening injury, whether from natural or other
causes, (ii) any extraordinary or pertinent information
concerning the circumstances of the child's death or serious
life-threatening injury, (iii) identification of child
protective or other social services provided or actions taken
regarding the child or his or her family at the time of the
death or serious life-threatening injury or within the
preceding 5 years, (iv) any action or further investigation
undertaken by the Department since the death or serious
life-threatening injury of the child, (v) as appropriate,
recommendations for State administrative or policy changes,
and (vi) whether the alleged perpetrator of the abuse or
neglect has been charged with committing a crime related to the
report and allegation of abuse or neglect, and (vii) a copy of
any documents, files, records, books, and papers created or
used in connection with the Department's investigation of the
death or serious life-threatening injury of the child. In any
case involving the death or near death of a child, when a
person responsible for the child has been charged with
committing a crime that results in the child's death or near
death, there shall be a presumption that the best interest of
the public will be served by public disclosure of certain
information concerning the circumstances of the investigations
of the death or near death of the child and any other
investigations concerning that child or other children living
in the same household.
    If the Department receives from the public a request for
information relating to a case of child abuse or neglect
involving the death or serious life-threatening injury of a
child, the Director shall consult with the State's Attorney in
the county of venue and release the report related to the case,
except for the following, which may be redacted from the
information disclosed to the public: any mental health or
psychological information that is confidential as otherwise
provided in State law; privileged communications of an
attorney; the identity of the individual or individuals, if
known, who made the report; information that may cause mental
or physical harm to a sibling or another child living in the
household; information that may undermine an ongoing criminal
investigation; and any information prohibited from disclosure
by federal law or regulation. Any information provided by an
adult subject of a report that is released about the case in a
public forum shall be subject to disclosure upon a public
information request. Information about the case shall also be
subject to disclosure upon consent of an adult subject.
Information about the case shall also be subject to disclosure
if it has been publicly disclosed in a report by a law
enforcement agency or official, a State's Attorney, a judge, or
any other State or local investigative agency or official.
Except as it may apply directly to the cause of the death or
serious life-threatening injury of the child, nothing in this
Section shall be deemed to authorize the release or disclosure
to the public of the substance or content of any psychological,
psychiatric, therapeutic, clinical, or medical reports,
evaluation, or like materials or information pertaining to the
child or the child's family.
    (c) No later than 6 months after the date of the death or
serious life-threatening injury of the child, the Department
shall notify the President of the Senate, the Minority Leader
of the Senate, the Speaker of the House of Representatives, the
Minority Leader of the House of Representatives, and the
members of the Senate and the House of Representatives in whose
district the child's death or serious life-threatening injury
occurred upon the completion of each report and shall submit an
annual cumulative report to the Governor and the General
Assembly incorporating cumulative data about the above reports
and including appropriate findings and recommendations. The
reports required by this subsection (c) shall be made available
to the public after completion or submittal.
    (d) To enable the Department to prepare the report, the
Department may request and shall timely receive from
departments, boards, bureaus, or other agencies of the State,
or any of its political subdivisions, or any duly authorized
agency, or any other agency which provided assistance, care, or
services to the deceased or injured child any information they
are authorized to provide.
(Source: P.A. 95-405, eff. 6-1-08.)

Effective Date: 1/1/2013