Full Text of SB2622 96th General Assembly
SB2622eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning children.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Abused and Neglected Child Reporting Act is | 5 |
| amended by changing Sections 7.7 and 7.14 as follows:
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| (325 ILCS 5/7.7) (from Ch. 23, par. 2057.7)
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| Sec. 7.7.
There shall be a central register of all cases of | 8 |
| suspected
child abuse or neglect reported and maintained by the | 9 |
| Department under this
Act. Through the recording of initial, | 10 |
| preliminary, and final
reports, the central register shall be | 11 |
| operated in such a manner as to enable
the Department to: (1) | 12 |
| immediately identify and locate prior reports of
child abuse or | 13 |
| neglect; (2) continuously monitor the current status
of all | 14 |
| reports of child abuse or neglect being provided services under | 15 |
| this
Act; and (3) regularly evaluate the effectiveness of | 16 |
| existing laws and programs
through the development and analysis | 17 |
| of statistical and other information.
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| The Department shall maintain in the central register a | 19 |
| listing of unfounded
reports where the subject of the unfounded | 20 |
| report requests that the record
not be expunged because the | 21 |
| subject alleges an intentional false report
was made. Such a | 22 |
| request must be made by the subject in writing to the
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| Department, within 10 days of the investigation.
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| The Department shall also maintain in the central register | 2 |
| a listing of
unfounded reports where the report was classified | 3 |
| as a priority one or priority
two report in accordance with the | 4 |
| Department's rules or the report was made by
a person mandated | 5 |
| to report suspected abuse or neglect under this Act.
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| The Department shall maintain in the central register for 3 | 7 |
| years a listing
of unfounded reports involving the death of a | 8 |
| child, the sexual abuse of a
child, or serious physical injury | 9 |
| to a child as defined by the Department in
rules.
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| The Department shall maintain all other unfounded reports | 11 |
| for 12 months following the date of the final finding. | 12 |
| (Source: P.A. 90-15, eff. 6-13-97.)
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| (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
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| Sec. 7.14. All reports in the central register shall be | 15 |
| classified in one
of three categories: "indicated", | 16 |
| "unfounded" or "undetermined", as the
case may be. After the | 17 |
| report is classified, the person making the
classification | 18 |
| shall determine whether the child named in the
report is the | 19 |
| subject of an action under Article II of the Juvenile Court
Act | 20 |
| of 1987. If the child is the subject of an action under Article | 21 |
| II of the
Juvenile Court Act, the Department shall transmit a | 22 |
| copy of the report to
the guardian ad litem appointed for the | 23 |
| child under Section 2-17 of the
Juvenile Court Act. All | 24 |
| information identifying the subjects of an unfounded
report | 25 |
| shall be expunged from the register
forthwith, except as |
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| provided in Section 7.7.
Unfounded reports may only be made | 2 |
| available to the Child
Protective Service Unit when | 3 |
| investigating a subsequent report of suspected
abuse or | 4 |
| maltreatment involving a child named in the unfounded report; | 5 |
| and to
the subject of the report, provided the Department has | 6 |
| not expunged the file in accordance with Section 7.7 that the | 7 |
| subject requests the report within
60 days of being notified | 8 |
| that the report was unfounded . The Child Protective
Service | 9 |
| Unit shall not indicate the subsequent report solely based upon | 10 |
| the
existence of the prior unfounded report or reports. | 11 |
| Notwithstanding any other
provision of law to the contrary, an | 12 |
| unfounded report shall not be admissible
in any judicial or | 13 |
| administrative proceeding or action.
Identifying information | 14 |
| on all other records shall be
removed from the register no | 15 |
| later than 5 years after the report is indicated.
However, if | 16 |
| another report is received involving the same child, his | 17 |
| sibling
or offspring, or a child in the care of the persons | 18 |
| responsible for the
child's welfare, or involving the same | 19 |
| alleged offender, the
identifying
information may be | 20 |
| maintained in the register
until 5 years after the subsequent | 21 |
| case or report is closed.
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| Notwithstanding any other provision of this Section, | 23 |
| identifying
information in indicated reports involving serious | 24 |
| physical injury to a child as defined by the
Department in | 25 |
| rules, may be retained longer than 5 years after the report
is | 26 |
| indicated or after the subsequent case or report is closed, and |
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| may not
be removed from the register except as provided by the | 2 |
| Department in rules. Identifying information in indicated | 3 |
| reports involving sexual penetration of a child, sexual | 4 |
| molestation of a child, sexual exploitation of a child, torture | 5 |
| of a child, or the death of a child, as defined by the | 6 |
| Department in rules, shall be retained for a period of not less | 7 |
| than 50 years after the report is indicated or after the | 8 |
| subsequent case or report is closed.
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| (Source: P.A. 94-160, eff. 7-11-05.)
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
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