101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2743

 

Introduced 1/29/2020, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
325 ILCS 5/7.8
325 ILCS 5/7.14  from Ch. 23, par. 2057.14
705 ILCS 405/2-8.1 new
705 ILCS 405/2-31  from Ch. 37, par. 802-31

    Amends the Abused and Neglected Child Reporting Act. In provisions concerning persons authorized to have access to reports of child abuse or neglect, provides that State's Attorneys are authorized to receive unfounded reports for the purposes of screening and prosecuting court petitions making an allegation of abuse or neglect relating to the same child, a sibling of the child involving the same perpetrator, or a child or perpetrator in the same household as the child for whom the petition is being filed. Provides that parties to juvenile court proceedings are entitled to receive copies of unfounded reports regarding the same child, a sibling of the child, or a child or perpetrator in the same household as the child, including a household from which a child was removed or into which a child may be placed for purposes of certain types of juvenile court hearings. Amends the Juvenile Court Act of 1987. Requires the Department of Children and Family Services to notify parties of the final finding on a report of alleged abuse or neglect within 5 days after the Department classifies the report. Provides that a court shall not terminate wardship if there is a pending investigation involving any person acting in a caretaker role in the minor's household, unless the court makes written factual findings that, despite the pending investigation, there is no risk of abuse or neglect to the minor, that good cause exists to terminate warships, and it is in the minor's best interest to terminate wardship. Effective upon becoming law, except some provisions take effect January 1, 2021.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2743LRB101 16993 KTG 69011 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Sections 7.8 and 7.14 as follows:
 
6    (325 ILCS 5/7.8)
7    Sec. 7.8. Upon receiving an oral or written report of
8suspected child abuse or neglect, the Department shall
9immediately notify, either orally or electronically, the Child
10Protective Service Unit of a previous report concerning a
11subject of the present report or other pertinent information.
12In addition, upon satisfactory identification procedures, to
13be established by Department regulation, any person authorized
14to have access to records under Section 11.1 relating to child
15abuse and neglect may request and shall be immediately provided
16the information requested in accordance with this Act. However,
17no information shall be released unless it prominently states
18the report is "indicated", and only information from
19"indicated" reports shall be released, except that:
20    (1) Information information concerning pending reports may
21be released pursuant to Sections 7.14 and 7.22 of this Act to
22the attorney or guardian ad litem appointed under Section 2-17
23of the Juvenile Court Act of 1987 and to any person authorized

 

 

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1under paragraphs (1), (2), (3) and (11) of Section 11.1.
2    (2) In addition, State's Attorneys are authorized to
3receive unfounded reports:
4        (A) (i) for prosecution purposes related to the
5    transmission of false reports of child abuse or neglect in
6    violation of subsection (a), paragraph (7) of Section 26-1
7    of the Criminal Code of 2012; or
8        (B) (ii) for the purposes of screening and prosecuting
9    a petition filed under Article II of the Juvenile Court Act
10    of 1987 alleging an a subsequent allegation of abuse or
11    neglect relating to the same child, a sibling of the child
12    involving , or the same perpetrator, or a child or
13    perpetrator in the same household as the child for whom the
14    petition is being filed. ;
15    (3) The the parties to the proceedings filed under Article
16II of the Juvenile Court Act of 1987 are entitled to receive
17copies of previously unfounded reports regarding the same
18child, a sibling of the child, or a child or the same
19perpetrator in the same household as the child, including a
20household from which a child was removed or into which a child
21may be placed for purposes of the following types of hearings
22under Article II of the Juvenile Court Act:
23        (A) hearings under Sections 2-10 and 2-21 of the
24    Juvenile Court Act of 1987; ,
25        (B) hearings in which a court is: (i) considering
26    visitation between a child and a respondent to proceedings

 

 

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1    in accordance with the Juvenile Court Act of 1987; (ii)
2    deciding whether a child should be returned to the custody
3    of a respondent to proceedings in accordance with the
4    Juvenile Court Act of 1987; or (iii) determining whether
5    the minor's wardship shall be terminated and proceedings
6    under the Juvenile Court Act of 1987 be discharged with the
7    minor in the custody of a respondent to proceedings in
8    accordance with the Juvenile Court Act of 1987; and
9        (C) hearings in which a court is determining whether a
10    minor's placement is necessary and appropriate or whether
11    the minor should be removed from a placement.
12    (4) Attorneys and attorneys and guardians ad litem
13appointed under Article II of the Juvenile Court Act of 1987
14shall receive the reports set forth in Section 7.14 of this Act
15in conformance with paragraph (19) of Section 11.1 and Section
167.14 of this Act.
17    (5) The Department of Public Health shall receive
18information from unfounded reports involving children alleged
19to have been abused or neglected while hospitalized, including
20while hospitalized in freestanding psychiatric hospitals
21licensed by the Department of Public Health, as necessary for
22the Department of Public Health to conduct its licensing
23investigation.
24    (6) The Department is authorized and required to release
25information from unfounded reports, upon request by a person
26who has access to the unfounded report as provided in this Act,

 

 

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1as necessary in its determination to protect children and adult
2residents who are in child care facilities licensed by the
3Department under the Child Care Act of 1969. The names and
4other identifying data and the dates and the circumstances of
5any persons requesting or receiving information from the
6central register shall be entered in the register record.
7(Source: P.A. 101-43, eff. 1-1-20.)
 
8    (325 ILCS 5/7.14)  (from Ch. 23, par. 2057.14)
9    Sec. 7.14. All reports in the central register shall be
10classified in one of three categories: "indicated",
11"unfounded" or "undetermined", as the case may be. Prior to
12classifying the report, the Department shall determine whether
13the report is subject to Department review under Section 7.22a.
14If the report is subject to Department review, the report shall
15not be classified as unfounded until the review is completed.
16Prior to classifying the report, the person making the
17classification shall determine whether the child named in the
18report is the subject of an action under Article V of the
19Juvenile Court Act of 1987 who is in the custody or
20guardianship of the Department or who has an open intact family
21services case with the Department or is the subject of an
22action under Article II of the Juvenile Court Act of 1987. If
23the child either is the subject of an action under Article V of
24the Juvenile Court Act of 1987 and is in the custody or
25guardianship of the Department or has an open intact family

 

 

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1services case with the Department or is the subject of an
2action under Article II of the Juvenile Court Act of 1987 and
3the Department intends to classify the report as indicated, the
4Department shall, within 45 days of classification of the
5report, transmit a copy of the report to the attorney or
6guardian ad litem appointed for the child under Section 2-17 of
7the Juvenile Court Act of 1987 or to a guardian ad litem
8appointed under Section 5-610 of the Juvenile Court Act of
91987. If the child either is the subject of an action under
10Article V of the Juvenile Court Act of 1987 and is in the
11custody or guardianship of the Department or has an open intact
12family services case with the Department or is the subject of
13an action under Article II of the Juvenile Court Act of 1987
14and the Department intends to classify the report as unfounded,
15the Department shall, within 45 days of deciding its intent to
16classify the report as unfounded, transmit a copy of the report
17and written notice of the Department's intent to the attorney
18or guardian ad litem appointed for the child under Section 2-17
19of the Juvenile Court Act of 1987, or to a guardian ad litem
20appointed under Section 5-610 of the Juvenile Court Act of
211987. The Department's obligation under this Section to provide
22reports to a guardian ad litem appointed under Section 5-610 of
23the Juvenile Court Act of 1987 for a minor with an open intact
24family services case applies only if the guardian ad litem
25notified the Department in writing of the representation. All
26information identifying the subjects of an unfounded report

 

 

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1shall be expunged from the register forthwith, except as
2provided in Section 7.7. Unfounded reports may only be made
3available to the Child Protective Service Unit when
4investigating a subsequent report of suspected abuse or
5maltreatment involving a child named in the unfounded report;
6and to the subject of the report, provided the Department has
7not expunged the file in accordance with Section 7.7. The Child
8Protective Service Unit shall not indicate the subsequent
9report solely based upon the existence of the prior unfounded
10report or reports.
11    Notwithstanding any other provision of law to the contrary,
12an unfounded report shall not be admissible in any judicial or
13administrative proceeding or action except for proceedings
14filed under Article II of the Juvenile Court Act of 1987
15regarding the child who is a subject of the report, a sibling
16of the child who is the subject of the report, or a child or
17perpetrator in the same household as the child who is the
18subject of the report, including a household from which the
19child was removed or into which a child may be placed, for
20purposes of the following types of hearings:
21        (1) hearings under Sections 2-10 and 2-21 of the
22    Juvenile Court Act of 1987;
23        (2) hearings in which a court is: (i) considering
24    visitation between a child and a respondent to proceedings
25    in accordance with the Juvenile Court Act of 1987; (ii)
26    deciding whether a child should be returned to the custody

 

 

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1    of a respondent to proceedings in accordance with the
2    Juvenile Court Act of 1987; or (iii) determining whether
3    the minor's wardship shall be terminated and proceedings
4    under the Juvenile Court Act of 1987 be discharged with the
5    minor in the custody of a respondent to proceedings in
6    accordance with the Juvenile Court Act of 1987; and
7        (3) hearings in which a court is determining whether a
8    minor's placement is necessary and appropriate or whether
9    the minor should be removed from a placement. involving a
10    petition filed under Section 2-13 of the Juvenile Court Act
11    of 1987 alleging abuse or neglect to the same child, a
12    sibling of the child, or the same perpetrator.
13    Identifying information on all other records shall be
14removed from the register no later than 5 years after the
15report is indicated. However, if another report is received
16involving the same child, his sibling or offspring, or a child
17in the care of the persons responsible for the child's welfare,
18or involving the same alleged offender, the identifying
19information may be maintained in the register until 5 years
20after the subsequent case or report is closed.
21    Notwithstanding any other provision of this Section,
22identifying information in indicated reports involving serious
23physical injury to a child as defined by the Department in
24rules, may be retained longer than 5 years after the report is
25indicated or after the subsequent case or report is closed, and
26may not be removed from the register except as provided by the

 

 

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1Department in rules. Identifying information in indicated
2reports involving sexual penetration of a child, sexual
3molestation of a child, sexual exploitation of a child, torture
4of a child, or the death of a child, as defined by the
5Department in rules, shall be retained for a period of not less
6than 50 years after the report is indicated or after the
7subsequent case or report is closed.
8    For purposes of this Section, "child" includes an adult
9resident as defined in this Act.
10(Source: P.A. 100-158, eff. 1-1-18; 100-863, eff. 8-14-18;
11101-528, eff. 8-23-19.)
 
12    Section 10. The Juvenile Court Act of 1987 is amended by
13adding Section 2-8.1 as follows:
 
14    (705 ILCS 405/2-8.1 new)
15    Sec. 2-8.1. Notification of final finding on alleged abuse
16or neglect. If, at the time the petition is filed, there is a
17report pending in accordance with the Abused and Neglected
18Child Reporting Act, involving the minor, a sibling of the
19minor, a respondent to the petition, or a member of the minor's
20household where the alleged abuse or neglect occurred, within 5
21days after the report is classified the Department of Children
22and Family Services shall notify the parties of the final
23finding and provide copies of the report to the parties.
 

 

 

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1    Section 15. The Juvenile Court Act of 1987 is amended by
2changing Section 2-31 as follows:
 
3    (705 ILCS 405/2-31)  (from Ch. 37, par. 802-31)
4    Sec. 2-31. Duration of wardship and discharge of
5proceedings.
6    (1) All proceedings under Article II of this Act in respect
7of any minor automatically terminate upon his or her attaining
8the age of 21 years.
9    (2) Whenever the court determines, and makes written
10factual findings, that health, safety, and the best interests
11of the minor and the public no longer require the wardship of
12the court, the court shall order the wardship terminated and
13all proceedings under this Act respecting that minor finally
14closed and discharged. The court shall not terminate wardship
15if there is a pending investigation in accordance with the
16Abused and Neglected Child Reporting Act involving any person
17acting in a caretaker role in the minor's household, unless the
18court makes written factual findings that, despite the pending
19investigation, there is no risk of abuse or neglect to the
20minor, that good cause exists to terminate wardship, and it is
21in the minor's best interest to terminate wardship. The court
22may at the same time continue or terminate any custodianship or
23guardianship theretofore ordered but the termination must be
24made in compliance with Section 2-28. When terminating wardship
25under this Section, if the minor is over 18, or if wardship is

 

 

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1terminated in conjunction with an order partially or completely
2emancipating the minor in accordance with the Emancipation of
3Minors Act, the court shall also consider the following
4factors, in addition to the health, safety, and best interest
5of the minor and the public: (A) the minor's wishes regarding
6case closure; (B) the manner in which the minor will maintain
7independence without services from the Department; (C) the
8minor's engagement in services including placement offered by
9the Department; (D) if the minor is not engaged, the
10Department's efforts to engage the minor; (E) the nature of
11communication between the minor and the Department; (F) the
12minor's involvement in other State systems or services; (G) the
13minor's connections with family and other community support;
14and (H) any other factor the court deems relevant. The minor's
15lack of cooperation with services provided by the Department of
16Children and Family Services shall not by itself be considered
17sufficient evidence that the minor is prepared to live
18independently and that it is in the best interest of the minor
19to terminate wardship. It shall not be in the minor's best
20interest to terminate wardship of a minor over the age of 18
21who is in the guardianship of the Department of Children and
22Family Services if the Department has not made reasonable
23efforts to ensure that the minor has documents necessary for
24adult living as provided in Section 35.10 of the Children and
25Family Services Act.
26    (3) The wardship of the minor and any custodianship or

 

 

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1guardianship respecting the minor for whom a petition was filed
2after July 24, 1991 (the effective date of Public Act 87-14)
3this amendatory Act of 1991 automatically terminates when he
4attains the age of 19 years, except as set forth in subsection
5(1) of this Section. The clerk of the court shall at that time
6record all proceedings under this Act as finally closed and
7discharged for that reason. The provisions of this subsection
8(3) become inoperative on and after July 12, 2019 (the
9effective date of Public Act 101-78) this amendatory Act of the
10101st General Assembly.
11    (4) Notwithstanding any provision of law to the contrary,
12the changes made by Public Act 101-78 this amendatory Act of
13the 101st General Assembly apply to all cases that are pending
14on or after July 12, 2019 (the effective date of Public Act
15101-78) this amendatory Act of the 101st General Assembly.
16(Source: P.A. 100-680, eff. 1-1-19; 101-78, eff. 7-12-19;
17revised 9-12-19.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law, except that Section 10 takes effect on January 1,
202021.