State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]
[ Senate Amendment 002 ]

90_SB1384eng

      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
SB1384 Engrossed                               LRB9008905SMdv
 1        AN ACT concerning children.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 2.  The Illinois Public Aid Code  is  amended  by
 5    adding Sections 9A-11.5 and 12-4.7d as follows:
 6        (305 ILCS 5/9A-11.5 new)
 7        Sec.  9A-11.5.   Investigate  child  care  providers. Any
 8    child care provider  receiving  funds  from  the  child  care
 9    assistance  program under this Code who is not required to be
10    licensed under the  Child  Care  Act  of  1969  shall,  as  a
11    condition  of  eligibility  to  participate in the child care
12    assistance program under this Code, authorize in writing on a
13    form prescribed by the  Department  of  Children  and  Family
14    Services,  an  investigation  of  the  Central  Register,  as
15    defined  in  the Abused and Neglected Child Reporting Act, to
16    ascertain if the child care provider has been  determined  to
17    be  a  perpetrator  in  an indicated report of child abuse or
18    neglect.
19        The Department of  Children  and  Family  Services  shall
20    conduct  an  investigation  of  the  Central  Register at the
21    request of the Department.  The Department shall request  the
22    Department  of  Children  and  Family  Services to conduct an
23    investigation of the Central Register.  The Department  shall
24    by  rule  determine  when payment to an unlicensed child care
25    provider may be withheld if there  is  an  indicated  finding
26    against the provider in the Central Register.
27        (305 ILCS 5/12-4.7d new)
28        Sec.    12-4.7d.     Interagency    agreement   regarding
29    investigation of child care providers.  The Department  shall
30    enter  into  a  written  agreement  with  the  Department  of
SB1384 Engrossed            -2-                LRB9008905SMdv
 1    Children   and   Family  Services  which  shall  provide  for
 2    interagency procedures regarding requests by  the  Department
 3    that  the  Department of Children and Family Services conduct
 4    an investigation of the Central Register, as defined  in  the
 5    Abused  and  Neglected Child Reporting Act, to ascertain if a
 6    child care provider who is not required to be licensed  under
 7    the  Child  Care  Act of 1969 and who is participating in the
 8    child care  assistance  program  under  this  Code  has  been
 9    determined  to  be  a  perpetrator  in an indicated report of
10    child abuse or neglect.
11        Section 5.  The Abused and Neglected Child Reporting  Act
12    is amended by changing Section 3 as follows:
13        (325 ILCS 5/3) (from Ch. 23, par. 2053)
14        Sec. 3.  As used in this Act unless the context otherwise
15    requires:
16        "Child"  means  any  person  under  the  age of 18 years,
17    unless legally emancipated by reason  of  marriage  or  entry
18    into a branch of the United States armed services.
19        "Department"  means  Department  of  Children  and Family
20    Services.
21        "Local law enforcement agency"  means  the  police  of  a
22    city, town, village or other incorporated area or the sheriff
23    of  an  unincorporated  area  or  any  sworn  officer  of the
24    Illinois Department of State Police.
25        "Abused child" means a child whose  parent  or  immediate
26    family  member,  or  any  person  responsible for the child's
27    welfare,  or any individual residing in the same home as  the
28    child, or a paramour of the child's parent:
29             a.  inflicts,  causes  to be inflicted, or allows to
30        be inflicted upon such child physical  injury,  by  other
31        than accidental means, which causes death, disfigurement,
32        impairment  of  physical  or emotional health, or loss or
SB1384 Engrossed            -3-                LRB9008905SMdv
 1        impairment of any bodily function;
 2             b.  creates a substantial risk of physical injury to
 3        such child by other than accidental means which would  be
 4        likely  to  cause  death,  disfigurement,  impairment  of
 5        physical  or  emotional  health, or loss or impairment of
 6        any bodily function;
 7             c.  commits  or  allows  to  be  committed  any  sex
 8        offense against such child,  as  such  sex  offenses  are
 9        defined  in  the  Criminal  Code of 1961, as amended, and
10        extending those definitions of sex  offenses  to  include
11        children under 18 years of age;
12             d.  commits or allows to be committed an act or acts
13        of torture upon such child; or
14             e.  inflicts excessive corporal punishment; or.
15             f.  commits or allows to be committed the offense of
16        female genital mutilation, as defined in Section 12-34 of
17        the Criminal Code of 1961, against the child.
18        "Neglected  child"  means  any child who is not receiving
19    the proper or necessary nourishment  or  medically  indicated
20    treatment  including  food or care not provided solely on the
21    basis of  the  present  or  anticipated  mental  or  physical
22    impairment  as  determined  by a physician acting alone or in
23    consultation  with  other  physicians  or  otherwise  is  not
24    receiving the proper or necessary support or medical or other
25    remedial care recognized under State law as necessary  for  a
26    child's  well-being,  or  other care necessary for his or her
27    well-being, including adequate food, clothing and shelter; or
28    who is abandoned by  his  or  her  parents  or  other  person
29    responsible  for the child's welfare without a proper plan of
30    care; or who is a  newborn  infant  whose  blood,  urine,  or
31    meconium  contains  any  amount  of a controlled substance as
32    defined in subsection (f) of  Section  102  of  the  Illinois
33    Controlled  Substances  Act or a metabolite thereof, with the
34    exception of a controlled  substance  or  metabolite  thereof
SB1384 Engrossed            -4-                LRB9008905SMdv
 1    whose presence in the newborn infant is the result of medical
 2    treatment administered to the mother or the newborn infant. A
 3    child  shall  not be considered neglected for the sole reason
 4    that the child's parent or other person responsible  for  his
 5    or  her  welfare  has  left the child in the care of an adult
 6    relative for any  period  of  time.  A  child  shall  not  be
 7    considered  neglected or abused for the sole reason that such
 8    child's parent or other person responsible  for  his  or  her
 9    welfare depends upon spiritual means through prayer alone for
10    the treatment or cure of disease or remedial care as provided
11    under Section 4 of this Act.  A child shall not be considered
12    neglected or abused solely because the child is not attending
13    school  in  accordance with the requirements of Article 26 of
14    The School Code, as amended.
15        "Child Protective Service Unit" means certain specialized
16    State employees of the Department assigned by the Director to
17    perform the duties and  responsibilities  as  provided  under
18    Section 7.2 of this Act.
19        "Person  responsible  for  the child's welfare" means the
20    child's parent; guardian; foster parent; relative  caregiver;
21    any person responsible for the child's welfare in a public or
22    private   residential   agency  or  institution;  any  person
23    responsible for  the  child's  welfare  within  a  public  or
24    private  profit or not for profit child care facility; or any
25    other person responsible for the child's welfare at the  time
26    of  the  alleged  abuse or neglect, or any person who came to
27    know the child through an official capacity  or  position  of
28    trust,   including   but   not   limited   to   health   care
29    professionals,     educational     personnel,    recreational
30    supervisors, and  volunteers  or  support  personnel  in  any
31    setting where children may be subject to abuse or neglect.
32        "Temporary  protective  custody"  means  custody within a
33    hospital or other medical  facility  or  a  place  previously
34    designated  for  such  custody  by the Department, subject to
SB1384 Engrossed            -5-                LRB9008905SMdv
 1    review by the Court, including a licensed foster home,  group
 2    home,  or  other  institution;  but such place shall not be a
 3    jail or other place for the detention of criminal or juvenile
 4    offenders.
 5        "An unfounded report" means any report  made  under  this
 6    Act for which it is determined after an investigation that no
 7    credible evidence of abuse or neglect exists.
 8        "An  indicated report" means a report made under this Act
 9    if an investigation determines that credible evidence of  the
10    alleged abuse or neglect exists.
11        "An undetermined report" means any report made under this
12    Act  in  which it was not possible to initiate or complete an
13    investigation on the basis of  information  provided  to  the
14    Department.
15        "Subject  of  report"  means  any  child  reported to the
16    central register of child abuse and neglect established under
17    Section 7.7 of this Act and his or her  parent,  guardian  or
18    other person responsible who is also named in the report.
19        "Perpetrator"   means  a  person  who,  as  a  result  of
20    investigation, has been determined by the Department to  have
21    caused child abuse or neglect.
22    (Source: P.A. 89-21, eff. 7-1-95; 90-239, eff. 7-28-97.)
23        Section  99.  Effective date.  This Act takes effect upon
24    becoming law.

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