093_HB2848sam001

 










                                     LRB093 07152 DRJ 15027 a

 1                    AMENDMENT TO HOUSE BILL 2848

 2        AMENDMENT NO.     .  Amend House Bill  2848  on  page  1,
 3    after line 3, by  inserting the following:

 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
 
                            -2-      LRB093 07152 DRJ 15027 a
 1        sexual abuse, or any other sexual offense when a child is
 2        alleged to be involved.
 3             (3)  The    Department    of   State   Police   when
 4        administering the  provisions  of  the  Intergovernmental
 5        Missing Child Recovery Act of 1984.
 6             (4)  A  physician who has before him a child whom he
 7        reasonably suspects may be abused or neglected.
 8             (5)  A person authorized under Section 5 of this Act
 9        to place a child in  temporary  protective  custody  when
10        such  person  requires  the  information in the report or
11        record  to  determine  whether  to  place  the  child  in
12        temporary protective custody.
13             (6)  A person having  the  legal  responsibility  or
14        authorization to care for, treat, or supervise a child or
15        a  parent,  guardian, or other person responsible for the
16        child's welfare who is the subject of a report.
17             (7)  Except in  regard  to  harmful  or  detrimental
18        information  as  provided in Section 7.19, any subject of
19        the report, and if the subject of the report is a  minor,
20        his guardian or guardian ad litem.
21             (8)  A  court,  upon its finding that access to such
22        records may be necessary  for  the  determination  of  an
23        issue  before  such  court; however, such access shall be
24        limited  to  in  camera  inspection,  unless  the   court
25        determines  that  public  disclosure  of  the information
26        contained therein is necessary for the resolution  of  an
27        issue then pending before it.
28             (8.1)  A   probation  officer  or  other  authorized
29        representative  of  a   probation   or   court   services
30        department conducting an investigation ordered by a court
31        under the Juvenile Court Act of l987.
32             (9)  A  grand  jury,  upon  its  determination  that
33        access to such records is necessary in the conduct of its
34        official business.
 
                            -3-      LRB093 07152 DRJ 15027 a
 1             (10)  Any  person  authorized  by  the  Director, in
 2        writing, for audit or bona fide research purposes.
 3             (11)  Law enforcement agencies, coroners or  medical
 4        examiners, physicians, courts, school superintendents and
 5        child   welfare   agencies   in   other  states  who  are
 6        responsible for child abuse or neglect investigations  or
 7        background investigations.
 8             (12)  The Department of Professional Regulation, the
 9        State  Board  of  Education and school superintendents in
10        Illinois, who may use or disclose  information  from  the
11        records  as they deem necessary to conduct investigations
12        or take disciplinary action, as provided by law.
13             (13)  A coroner or medical examiner who  has  reason
14        to  believe  that a child has died as the result of abuse
15        or neglect.
16             (14)  The Director of a State-operated facility when
17        an employee of that facility is  the  perpetrator  in  an
18        indicated report.
19             (15)  The operator of a licensed child care facility
20        or  a  facility  licensed  by  the  Department  of  Human
21        Services  (as  successor  to the Department of Alcoholism
22        and Substance Abuse) in  which  children  reside  when  a
23        current  or  prospective employee of that facility is the
24        perpetrator  in  an  indicated  child  abuse  or  neglect
25        report, pursuant to Section 4.3 of the Child Care Act  of
26        1969.
27             (16)  Members  of  a  multidisciplinary  team in the
28        furtherance of its responsibilities under subsection  (b)
29        of  Section  7.1.  All reports concerning child abuse and
30        neglect   made   available    to    members    of    such
31        multidisciplinary  teams  and  all records generated as a
32        result of such reports shall be  confidential  and  shall
33        not  be  disclosed,  except as specifically authorized by
34        this Act or other  applicable  law.   It  is  a  Class  A
 
                            -4-      LRB093 07152 DRJ 15027 a
 1        misdemeanor   to   permit,   assist   or   encourage  the
 2        unauthorized release of any information contained in such
 3        reports or records.  Nothing contained  in  this  Section
 4        prevents  the  sharing  of reports or records relating or
 5        pertaining to the death of a minor under the care  of  or
 6        receiving  services  from  the Department of Children and
 7        Family  Services  and  under  the  jurisdiction  of   the
 8        juvenile  court  with  the  juvenile  court,  the State's
 9        Attorney, and the minor's attorney.
10             (17)  The Department of Human Services, as  provided
11        in Section 17 of the Disabled Persons Rehabilitation Act.
12             (18)  Any   other   agency  or  investigative  body,
13        including the Department of Public  Health  and  a  local
14        board  of  health,  authorized by State law to conduct an
15        investigation  into  the  quality  of  care  provided  to
16        children in hospitals  and  other  State  regulated  care
17        facilities.   The  access   to and release of information
18        from such records shall be subject to the approval of the
19        Director of the Department or his designee.
20             (19)  The person appointed, under  Section  2-17  of
21        the  Juvenile Court Act of 1987, as the guardian ad litem
22        of a minor who is the subject  of  a  report  or  records
23        under this Act.
24             (20)  The  Department of Human Services, as provided
25        in Section 10 of the Early  Intervention Services  System
26        Act,  and  the  operator  of  a  facility providing early
27        intervention services  pursuant  to  that  Act,  for  the
28        purpose  of determining whether a  current or prospective
29        employee who provides  or  may  provide  direct  services
30        under that  Act is the perpetrator in an indicated report
31        of child abuse or neglect filed under this Act.
32        (b)  Nothing  contained  in this Act prevents the sharing
33    or  disclosure  of  information  or   records   relating   or
34    pertaining  to  juveniles  subject  to  the provisions of the
 
                            -5-      LRB093 07152 DRJ 15027 a
 1    Serious Habitual Offender Comprehensive Action  Program  when
 2    that   information   is   used   to   assist   in  the  early
 3    identification and treatment of habitual juvenile offenders.
 4        (c)  To the extent that persons  or  agencies  are  given
 5    access to information pursuant to this Section, those persons
 6    or  agencies  may  give  this information to and receive this
 7    information  from  each  other  in  order  to  facilitate  an
 8    investigation conducted by those persons or agencies.
 9    (Source: P.A. 90-15, eff. 6-13-97; 91-357,  eff.  7-29-99.)";
10    and

11    on page 1, by replacing line 5 with the following:

12    "amended by changing Sections 10 and 13.32 as follows:

13        (325 ILCS 20/10) (from Ch. 23, par. 4160)
14        Sec.  10.  Standards.  The  Council  and the lead agency,
15    with assistance from parents and providers, shall develop and
16    promulgate  policies   and   procedures   relating   to   the
17    establishment  and  implementation  of  program and personnel
18    standards to ensure that  services  provided  are  consistent
19    with   any   State-approved   or   recognized  certification,
20    licensing, registration,  or  other  comparable  requirements
21    which apply to the area of early intervention program service
22    standards.   Only  State-approved  public  or  private  early
23    intervention service providers shall be eligible  to  receive
24    State  and  federal  funding for early intervention services.
25    All early childhood intervention staff shall hold the highest
26    entry requirement necessary for that position.
27        To  be  a  State-approved  early   intervention   service
28    provider,  an  individual  (i)  shall    not  have  served or
29    completed, within the  preceding  5  years,  a  sentence  for
30    conviction  of  any felony that the Department establishes by
31    rule and (ii) shall not have been indicated  as a perpetrator
32    of child abuse or neglect, within the preceding 5  years,  in
 
                            -6-      LRB093 07152 DRJ 15027 a
 1    an  investigation    by  Illinois (pursuant to the Abused and
 2    Neglected Child  Reporting  Act)  or  another  state.     The
 3    Department  is  authorized  to  receive  criminal  background
 4    checks  for such providers  and persons applying to be such a
 5    provider and to  receive  child  abuse  and  neglect  reports
 6    regarding  indicated perpetrators who are applying to provide
 7    or  currently  authorized  to    provide  early  intervention
 8    services in Illinois.   Beginning  January  1,  2004,   every
 9    provider  of  State-approved  early intervention services and
10    every applicant to provide  such services must authorize,  in
11    writing  and  in  the  form  required  by  the  Department, a
12    criminal background  check  and  check  of  child  abuse  and
13    neglect  reports  regarding  the   provider or applicant as a
14    condition of  authorization  to  provide  early  intervention
15    services.  The Department shall use the results of the checks
16    only to determine State  approval of the  early  intervention
17    service  provider  and  shall not re-release the  information
18    except as necessary to accomplish that purpose.
19    (Source: P.A. 87-680; 87-847.)".