Illinois General Assembly - Full Text of HB4966
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Full Text of HB4966  97th General Assembly




HB4966 EnrolledLRB097 19242 KTG 64484 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 Section 4.2 as follows:
6    (325 ILCS 5/4.2)
7    Sec. 4.2. Departmental report on death or serious
8life-threatening injury of child.
9    (a) In the case of the death or serious life-threatening
10injury of a child whose care and custody or custody and
11guardianship has been transferred to the Department, or in the
12case of a child abuse or neglect report made to the central
13register involving the death of a child, the Department shall
14(i) investigate or provide for an investigation of the cause of
15and circumstances surrounding the death or serious
16life-threatening injury, (ii) review the investigation, and
17(iii) prepare and issue a report on the death or serious
18life-threatening injury.
19    (b) The report shall include (i) the cause of death or
20serious life-threatening injury, whether from natural or other
21causes, (ii) any extraordinary or pertinent information
22concerning the circumstances of the child's death or serious
23life-threatening injury, (iii) identification of child



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1protective or other social services provided or actions taken
2regarding the child or his or her family at the time of the
3death or serious life-threatening injury or within the
4preceding 5 years, (iv) any action or further investigation
5undertaken by the Department since the death or serious
6life-threatening injury of the child, (v) as appropriate,
7recommendations for State administrative or policy changes,
8and (vi) whether the alleged perpetrator of the abuse or
9neglect has been charged with committing a crime related to the
10report and allegation of abuse or neglect, and (vii) a copy of
11any documents, files, records, books, and papers created or
12used in connection with the Department's investigation of the
13death or serious life-threatening injury of the child. In any
14case involving the death or near death of a child, when a
15person responsible for the child has been charged with
16committing a crime that results in the child's death or near
17death, there shall be a presumption that the best interest of
18the public will be served by public disclosure of certain
19information concerning the circumstances of the investigations
20of the death or near death of the child and any other
21investigations concerning that child or other children living
22in the same household.
23    If the Department receives from the public a request for
24information relating to a case of child abuse or neglect
25involving the death or serious life-threatening injury of a
26child, the Director shall consult with the State's Attorney in



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1the county of venue and release the report related to the case,
2except for the following, which may be redacted from the
3information disclosed to the public: any mental health or
4psychological information that is confidential as otherwise
5provided in State law; privileged communications of an
6attorney; the identity of the individual or individuals, if
7known, who made the report; information that may cause mental
8or physical harm to a sibling or another child living in the
9household; information that may undermine an ongoing criminal
10investigation; and any information prohibited from disclosure
11by federal law or regulation. Any information provided by an
12adult subject of a report that is released about the case in a
13public forum shall be subject to disclosure upon a public
14information request. Information about the case shall also be
15subject to disclosure upon consent of an adult subject.
16Information about the case shall also be subject to disclosure
17if it has been publicly disclosed in a report by a law
18enforcement agency or official, a State's Attorney, a judge, or
19any other State or local investigative agency or official.
20Except as it may apply directly to the cause of the death or
21serious life-threatening injury of the child, nothing in this
22Section shall be deemed to authorize the release or disclosure
23to the public of the substance or content of any psychological,
24psychiatric, therapeutic, clinical, or medical reports,
25evaluation, or like materials or information pertaining to the
26child or the child's family.



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1    (c) No later than 6 months after the date of the death or
2serious life-threatening injury of the child, the Department
3shall notify the President of the Senate, the Minority Leader
4of the Senate, the Speaker of the House of Representatives, the
5Minority Leader of the House of Representatives, and the
6members of the Senate and the House of Representatives in whose
7district the child's death or serious life-threatening injury
8occurred upon the completion of each report and shall submit an
9annual cumulative report to the Governor and the General
10Assembly incorporating cumulative data about the above reports
11and including appropriate findings and recommendations. The
12reports required by this subsection (c) shall be made available
13to the public after completion or submittal.
14    (d) To enable the Department to prepare the report, the
15Department may request and shall timely receive from
16departments, boards, bureaus, or other agencies of the State,
17or any of its political subdivisions, or any duly authorized
18agency, or any other agency which provided assistance, care, or
19services to the deceased or injured child any information they
20are authorized to provide.
21(Source: P.A. 95-405, eff. 6-1-08.)