State of Illinois
90th General Assembly
Legislation

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]

90_SB1384

      325 ILCS 5/7.14           from Ch. 23, par. 2057.14
          Amends  the  Abused  Neglected   Child   Reporting   Act.
      Provides  that  all  reports  of abused or neglected children
      maintained in the central  register,  whether  classified  as
      indicated, unfounded, or undetermined shall be maintained for
      25 years, removing provisions that, with some exceptions, all
      unfounded reports be expunged, and, with some exceptions, all
      indicated reports be kept for 5 years.
                                                     LRB9008905SMdv
                                               LRB9008905SMdv
 1        AN  ACT to amend the Abused and Neglected Child Reporting
 2    Act by changing Section 7.14.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The Abused and Neglected Child Reporting Act
 6    is amended by changing Section 7.14 as follows:
 7        (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
 8        Sec. 7.14.  All reports in the central register shall  be
 9    classified   in   one   of   three  categories:  "indicated",
10    "unfounded" or "undetermined", as the case may be.  After the
11    report is classified, the person  making  the  classification
12    shall  determine whether the child named in the report is the
13    subject of an action under Article II of the  Juvenile  Court
14    Act  of 1987.  If the child is the subject of an action under
15    Article II of the Juvenile Court Act,  the  Department  shall
16    transmit  a  copy  of  the  report  to  the guardian ad litem
17    appointed for the child under Section 2-17  of  the  Juvenile
18    Court  Act.   All  information identifying the subjects of an
19    unfounded  report  shall  be  expunged  from   the   register
20    forthwith,  except  as  provided  in  Section  7.7. Unfounded
21    reports may only be made available to  the  Child  Protective
22    Service  Unit  when  investigating  a  subsequent  report  of
23    suspected  abuse  or  maltreatment involving a child named in
24    the unfounded report; and  to  the  subject  of  the  report,
25    provided  that the subject requests the report within 60 days
26    of being notified that the report was unfounded.   The  Child
27    Protective  Service  Unit  shall  not indicate the subsequent
28    report solely based upon the existence of the prior unfounded
29    report or reports.  Notwithstanding any  other  provision  of
30    law  to  the  contrary,  an  unfounded  report  shall  not be
31    admissible in any judicial or  administrative  proceeding  or
                            -2-                LRB9008905SMdv
 1    action.   All   reports   of  abused  or  neglected  children
 2    maintained in the central  register,  whether  classified  as
 3    indicated, unfounded, or undetermined shall be maintained for
 4    25  years. Identifying information on all other records shall
 5    be removed from the register no later than 5 years after  the
 6    report  is  indicated. However, if another report is received
 7    involving the same child, his  sibling  or  offspring,  or  a
 8    child  in the care of the persons responsible for the child's
 9    welfare, the identifying information may be maintained in the
10    register until 5 years after the subsequent case or report is
11    closed.
12        Notwithstanding any  other  provision  of  this  Section,
13    identifying  information  in  indicated reports involving the
14    sexual abuse of a child, the death of  a  child,  or  serious
15    physical  injury  to  a child as defined by the Department in
16    rules, may be retained longer than 5 years after  the  report
17    is  indicated  or  after  the  subsequent  case  or report is
18    closed, and may not be removed from the  register  except  as
19    provided by the Department in rules.
20    (Source: P.A. 90-15, eff. 6-13-97.)

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