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Public Act 100-0158


 

Public Act 0158 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0158
 
HB3168 EnrolledLRB100 10198 KTG 20380 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 Sections 7.14, 7.16, 7.22, and 11.1 as
follows:
 
    (325 ILCS 5/7.14)  (from Ch. 23, par. 2057.14)
    Sec. 7.14. All reports in the central register shall be
classified in one of three categories: "indicated",
"unfounded" or "undetermined", as the case may be. Prior to
classifying the report, the person making the classification
shall determine whether the child named in the report is the
subject of an action under Article V of the Juvenile Court Act
of 1987 who is in the custody or guardianship of the Department
or who has an open intact family services case with the
Department or is the subject of an action under Article II of
the Juvenile Court Act of 1987. If the child is either the
subject of an action under Article V of the Juvenile Court Act
of 1987 and is in the custody or guardianship of the Department
or has an open intact family services case with the Department
or is the subject of an action under Article II of the Juvenile
Court Act of 1987 and the Department intends to classify the
report as indicated, the Department shall, within 45 days of
classification of the report, transmit a copy of the report to
the attorney or guardian ad litem appointed for the child under
Section 2-17 of the Juvenile Court Act of 1987 or to a guardian
ad litem appointed under Section 5-610 of the Juvenile Court
Act of 1987. If the child is either the subject of an action
under Article V of the Juvenile Court Act of 1987 and is in the
custody or guardianship of the Department or has an open intact
family services case with the Department or is the subject of
an action under Article II of the Juvenile Court Act of 1987
and the Department intends to classify the report as unfounded,
the Department shall, within 45 days of deciding its intent to
classify the report as unfounded, transmit a copy of the report
and written notice of the Department's intent to the attorney
or guardian ad litem appointed for the child under Section 2-17
of the Juvenile Court Act of 1987, or to a guardian ad litem
appointed under Section 5-610 of the Juvenile Court Act of
1987. The Department's obligation under this Section to provide
reports to a guardian ad litem appointed under Section 5-610 of
the Juvenile Court Act of 1987 for a minor with an open intact
family services case applies only if the guardian ad litem
notified the Department in writing of the representation. All
information identifying the subjects of an unfounded report
shall be expunged from the register forthwith, except as
provided in Section 7.7. Unfounded reports may only be made
available to the Child Protective Service Unit when
investigating a subsequent report of suspected abuse or
maltreatment involving a child named in the unfounded report;
and to the subject of the report, provided the Department has
not expunged the file in accordance with Section 7.7. The Child
Protective Service Unit shall not indicate the subsequent
report solely based upon the existence of the prior unfounded
report or reports. Notwithstanding any other provision of law
to the contrary, an unfounded report shall not be admissible in
any judicial or administrative proceeding or action except for
proceedings under Sections 2-10 and 2-21 of the Juvenile Court
Act of 1987 involving a petition filed under Section 2-13 of
the Juvenile Court Act of 1987 alleging abuse or neglect to the
same child, a sibling of the child, or the same perpetrator.
Identifying information on all other records shall be removed
from the register no later than 5 years after the report is
indicated. However, if another report is received involving the
same child, his sibling or offspring, or a child in the care of
the persons responsible for the child's welfare, or involving
the same alleged offender, the identifying information may be
maintained in the register until 5 years after the subsequent
case or report is closed.
    Notwithstanding any other provision of this Section,
identifying information in indicated reports involving serious
physical injury to a child as defined by the Department in
rules, may be retained longer than 5 years after the report is
indicated or after the subsequent case or report is closed, and
may not be removed from the register except as provided by the
Department in rules. Identifying information in indicated
reports involving sexual penetration of a child, sexual
molestation of a child, sexual exploitation of a child, torture
of a child, or the death of a child, as defined by the
Department in rules, shall be retained for a period of not less
than 50 years after the report is indicated or after the
subsequent case or report is closed.
    For purposes of this Section "child" includes an adult
resident as defined in this Act.
(Source: P.A. 98-453, eff. 8-16-13; 98-807, eff. 8-1-14; 99-78,
eff. 7-20-15; 99-349, eff. 1-1-16.)
 
    (325 ILCS 5/7.16)  (from Ch. 23, par. 2057.16)
    Sec. 7.16. For any investigation or appeal initiated on or
after, or pending on July 1, 1998, the following time frames
shall apply. Within 60 days after the notification of the
completion of the Child Protective Service Unit investigation,
determined by the date of the notification sent by the
Department, the perpetrator named in the notification may
request the Department to amend the record or remove the record
of the report from the register, except that the 60-day
deadline for filing a request to amend the record or remove the
record of the report from the State Central Register shall be
tolled until after the conclusion of any criminal court action
in the circuit court or after adjudication in any juvenile
court action concerning the circumstances that give rise to an
indicated report. Such request shall be in writing and directed
to such person as the Department designates in the notification
letter notifying the perpetrator of the indicated finding. The
perpetrator shall have the right to a timely hearing within the
Department to determine whether the record of the report should
be amended or removed on the grounds that it is inaccurate or
it is being maintained in a manner inconsistent with this Act,
except that there shall be no such right to a hearing on the
ground of the report's inaccuracy if there has been a court
finding of child abuse or neglect or a criminal finding of
guilt as to the perpetrator. Such hearing shall be held within
a reasonable time after the perpetrator's request and at a
reasonable place and hour. The appropriate Child Protective
Service Unit shall be given notice of the hearing. If the
minor, who is the victim named in the report sought to be
amended or removed from the State Central Register, is the
subject of a pending action under Article V of the Juvenile
Court Act of 1987 and is in the custody or guardianship of the
Department or has an open intact family services case with the
Department or is the subject of a pending action under Article
II of the Juvenile Court Act of 1987, and the report was made
while a guardian ad litem was appointed for the minor under
Section 5-610 or 2-17 of the Juvenile Court Act of 1987, then
the minor shall, through the minor's attorney or guardian ad
litem appointed under Section 5-610 or 2-17 of the Juvenile
Court Act of 1987, have the right to participate and be heard
in such hearing as defined under the Department's rules. The
Department's obligation under this Section to provide a minor
with a guardian ad litem appointed under Section 5-610 of the
Juvenile Court Act of 1987 and an open intact family services
case with the right to participate and be heard applies only if
the guardian ad litem notified the Department in writing of the
representation. In such hearings, the burden of proving the
accuracy and consistency of the record shall be on the
Department and the appropriate Child Protective Service Unit.
The hearing shall be conducted by the Director or his designee,
who is hereby authorized and empowered to order the amendment
or removal of the record to make it accurate and consistent
with this Act. The decision shall be made, in writing, at the
close of the hearing, or within 60 days thereof, and shall
state the reasons upon which it is based. Decisions of the
Department under this Section are administrative decisions
subject to judicial review under the Administrative Review Law.
    Should the Department grant the request of the perpetrator
pursuant to this Section either on administrative review or
after an administrative hearing to amend an indicated report to
an unfounded report, the report shall be released and expunged
in accordance with the standards set forth in Section 7.14 of
this Act.
(Source: P.A. 98-453, eff. 8-16-13; 98-487, eff. 1-1-14;
98-756, eff. 7-16-14.)
 
    (325 ILCS 5/7.22)
    Sec. 7.22. Reviews of unfounded reports.
    (a) Whenever the Department determines that a reported
incident of child abuse or neglect will be "unfounded", the
Department shall forward a copy of the report and written
notice of the Department's intent to classify the report as
unfounded to a guardian ad litem appointed under Section 5-610
of the Juvenile Court Act of 1987 for a minor who is in the
custody or guardianship of the Department or who has an open
intact family services case with the Department or the minor's
attorney or guardian ad litem appointed under Section 2-17 of
the Juvenile Court Act of 1987. The Department's obligation
under this subsection to provide reports to a guardian ad litem
appointed under Section 5-610 of the Juvenile Court Act of 1987
for a minor with an open intact family services case applies
only if the guardian ad litem notified the Department in
writing of the representation. The minor's attorney or guardian
ad litem who receives a report pursuant to this subsection may
request a review of the investigation within 10 days of receipt
of the report and written notice of the Department's intent to
classify the report as unfounded, as provided in Section 7.14
of this Act, if the subject of the report is also the minor for
whom the attorney or guardian ad litem has been appointed.
    (b) Reviews requested under subsection (a) may be requested
by sending a request via U.S. Mail, postmarked within 10 days
after notice of the Department's intent to classify the report
as unfounded, or by faxing a request within 10 days after
notice of the Department's intent to classify the report as
unfounded. The date of notification of the Department's intent
to classify the report as unfounded is the date the attorney or
guardian ad litem received a copy of the report and written
notice from the Department. Following the review, the
Department shall inform the minor's attorney or guardian ad
litem as to whether the report will be classified as indicated
or unfounded. The minor's attorney or guardian ad litem shall
also receive a final finding notice from the State Central
Register.
    (c) By January 1, 2014, the Department shall promulgate
rules addressing reviews requested under subsection (a). The
rules shall provide that a review requested under subsection
(a) must occur before the report is classified and a final
finding is entered in the central register and that the review
must be conducted by a Department employee outside the
supervisory chain of the assigned investigator.
(Source: P.A. 98-453, eff. 8-16-13; 98-807, eff. 8-1-14.)
 
    (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, prospective adoptive parent, foster 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 Rehabilitation of Persons with
    Disabilities 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; or the person appointed, under Section 5-610 of the
    Juvenile Court Act of 1987, as the guardian ad litem of a
    minor who is in the custody or guardianship of the
    Department or who has an open intact family services case
    with the Department and who is the subject of a report or
    records made pursuant to 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. 99-143, eff. 7-27-15.)
 
    Section 10. The Juvenile Court Act of 1987 is amended by
changing Section 5-610 as follows:
 
    (705 ILCS 405/5-610)
    Sec. 5-610. Guardian ad litem and appointment of attorney.
    (1) The court may appoint a guardian ad litem for the minor
whenever it finds that there may be a conflict of interest
between the minor and his or her parent, guardian or legal
custodian or that it is otherwise in the minor's interest to do
so.
    (2) Unless the guardian ad litem is an attorney, he or she
shall be represented by counsel.
    (3) The reasonable fees of a guardian ad litem appointed
under this Section shall be fixed by the court and charged to
the parents of the minor, to the extent they are able to pay.
If the parents are unable to pay those fees, they shall be paid
from the general fund of the county.
    (4) If, during the court proceedings, the parents,
guardian, or legal custodian prove that he or she has an actual
conflict of interest with the minor in that delinquency
proceeding and that the parents, guardian, or legal custodian
are indigent, the court shall appoint a separate attorney for
that parent, guardian, or legal custodian.
    (5) A guardian ad litem appointed under this Section for a
minor who is in the custody or guardianship of the Department
of Children and Family Services or who has an open intact
family services case with the Department of Children and Family
Services is entitled to receive copies of any and all
classified reports of child abuse or neglect made pursuant to
the Abused and Neglected Child Reporting Act in which the
minor, who is the subject of the report under the Abused and
Neglected Child Reporting Act, is also a minor for whom the
guardian ad litem is appointed under this Act. The Department
of Children and Family Services' obligation under this
subsection to provide reports to a guardian ad litem for a
minor with an open intact family services case applies only if
the guardian ad litem notified the Department in writing of the
representation.
(Source: P.A. 90-590, eff. 1-1-99.)

Effective Date: 1/1/2018