093_HB2848enr

 
HB2848 Enrolled                      LRB093 07152 DRJ 07307 b

 1        AN ACT in relation to children.

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

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

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

 3        (325 ILCS 20/10) (from Ch. 23, par. 4160)
 4        Sec. 10.  Standards. The Council  and  the  lead  agency,
 5    with assistance from parents and providers, shall develop and
 6    promulgate   policies   and   procedures   relating   to  the
 7    establishment and implementation  of  program  and  personnel
 8    standards  to  ensure  that  services provided are consistent
 9    with  any   State-approved   or   recognized   certification,
10    licensing,  registration,  or  other  comparable requirements
11    which apply to the area of early intervention program service
12    standards.  Only  State-approved  public  or  private   early
13    intervention  service  providers shall be eligible to receive
14    State and federal funding for  early  intervention  services.
15    All early childhood intervention staff shall hold the highest
16    entry requirement necessary for that position.
17        To   be   a  State-approved  early  intervention  service
18    provider, an  individual  (i)  shall    not  have  served  or
19    completed,  within  the  preceding  5  years,  a sentence for
20    conviction of  any felony that the Department establishes  by
21    rule and (ii) shall not have been indicated  as a perpetrator
22    of  child  abuse or neglect, within the preceding 5 years, in
23    an investigation  by Illinois (pursuant  to  the  Abused  and
24    Neglected  Child  Reporting  Act)  or  another  state.    The
25    Department  is  authorized  to  receive  criminal  background
26    checks for such providers  and persons applying to be such  a
27    provider  and  to  receive  child  abuse  and neglect reports
28    regarding indicated perpetrators who are applying to  provide
29    or  currently  authorized  to    provide  early  intervention
30    services  in  Illinois.   Beginning  January  1, 2004,  every
31    provider of State-approved early  intervention  services  and
32    every  applicant to provide  such services must authorize, in
33    writing and  in  the  form  required  by  the  Department,  a
 
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 1    criminal  background  check  and  check  of  child  abuse and
 2    neglect reports regarding the  provider  or  applicant  as  a
 3    condition  of  authorization  to  provide  early intervention
 4    services. The Department shall use the results of the  checks
 5    only  to  determine State  approval of the early intervention
 6    service provider and shall not re-release  the    information
 7    except as necessary to accomplish that purpose.
 8    (Source: P.A. 87-680; 87-847.)

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