State of Illinois
92nd General Assembly

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 1        AN ACT in relation to children.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Abused and Neglected Child Reporting Act
 5    is amended by changing Sections 7.19 and 11.1 as follows:

 6        (325 ILCS 5/7.19) (from Ch. 23, par. 2057.19)
 7        Sec. 7.19.  Upon request, a subject of a report shall  be
 8    entitled  to  receive  a copy of all information contained in
 9    the central register pertaining to his case, except that  any
10    report  provided to the central register by a law enforcement
11    agency shall be released only with the written permission  of
12    that  law  enforcement  agency.  However,  the Department may
13    prohibit the release of data that would identify or locate  a
14    person  who, in good faith, made a report or cooperated  in a
15    subsequent investigation.  In addition,  the  Department  may
16    seek  a  court  order  from the circuit court prohibiting the
17    release of any information which the court finds is likely to
18    be harmful to the subject of the report.
19    (Source: P.A. 81-1077.)

20        (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
21        Sec. 11.1.  Access to records.
22        (a)  A person shall have access to the records  described
23    in  Section  11  only  in  furtherance  of  purposes directly
24    connected  with  the  administration  of  this  Act  or   the
25    Intergovernmental  Missing Child Recovery Act of 1984.  Those
26    persons and purposes for access include:
27             (1)  Department staff in the  furtherance  of  their
28        responsibilities  under  this  Act, or for the purpose of
29        completing  background  investigations  on   persons   or
30        agencies  licensed  by  the  Department  or with whom the
                            -2-                LRB9213157DJgc
 1        Department contracts for the provision of  child  welfare
 2        services.
 3             (2)  A law enforcement agency investigating known or
 4        suspected  child  abuse  or  neglect,  known or suspected
 5        involvement with child pornography,  known  or  suspected
 6        criminal  sexual  assault,  known  or  suspected criminal
 7        sexual abuse, or any other sexual offense when a child is
 8        alleged to be involved.
 9             (3)  The   Department   of   State    Police    when
10        administering  the  provisions  of  the Intergovernmental
11        Missing Child Recovery Act of 1984.
12             (4)  A physician who has before him a child whom  he
13        reasonably suspects may be abused or neglected.
14             (5)  A person authorized under Section 5 of this Act
15        to  place  a  child  in temporary protective custody when
16        such person requires the information  in  the  report  or
17        record  to  determine  whether  to  place  the  child  in
18        temporary protective custody.
19             (6)  A  person  having  the  legal responsibility or
20        authorization to care for, treat, or supervise a child or
21        a parent, guardian, or other person responsible  for  the
22        child's welfare who is the subject of a report.
23             (7)  Except  in  regard  to  harmful  or detrimental
24        information as provided in Section 7.19, any  subject  of
25        the  report, and if the subject of the report is a minor,
26        his guardian or guardian ad litem.  No  access  shall  be
27        permitted  under  this  paragraph  (7),  however,  to any
28        report provided to the Department by  a  law  enforcement
29        agency.
30             (8)  A  court,  upon its finding that access to such
31        records may be necessary  for  the  determination  of  an
32        issue  before  such  court; however, such access shall be
33        limited  to  in  camera  inspection,  unless  the   court
34        determines  that  public  disclosure  of  the information
                            -3-                LRB9213157DJgc
 1        contained therein is necessary for the resolution  of  an
 2        issue then pending before it.
 3             (8.1)  A   probation  officer  or  other  authorized
 4        representative  of  a   probation   or   court   services
 5        department conducting an investigation ordered by a court
 6        under the Juvenile Court Act of l987.
 7             (9)  A  grand  jury,  upon  its  determination  that
 8        access to such records is necessary in the conduct of its
 9        official business.
10             (10)  Any  person  authorized  by  the  Director, in
11        writing, for audit or bona fide research purposes.
12             (11)  Law enforcement agencies, coroners or  medical
13        examiners, physicians, courts, school superintendents and
14        child   welfare   agencies   in   other  states  who  are
15        responsible for child abuse or neglect investigations  or
16        background investigations.
17             (12)  The Department of Professional Regulation, the
18        State  Board  of  Education and school superintendents in
19        Illinois, who may use or disclose  information  from  the
20        records  as they deem necessary to conduct investigations
21        or take disciplinary action, as provided by law.
22             (13)  A coroner or medical examiner who  has  reason
23        to  believe  that a child has died as the result of abuse
24        or neglect.
25             (14)  The Director of a State-operated facility when
26        an employee of that facility is  the  perpetrator  in  an
27        indicated report.
28             (15)  The operator of a licensed child care facility
29        or  a  facility  licensed  by  the  Department  of  Human
30        Services  (as  successor  to the Department of Alcoholism
31        and Substance Abuse) in  which  children  reside  when  a
32        current  or  prospective employee of that facility is the
33        perpetrator  in  an  indicated  child  abuse  or  neglect
34        report, pursuant to Section 4.3 of the Child Care Act  of
                            -4-                LRB9213157DJgc
 1        1969.
 2             (16)  Members  of  a  multidisciplinary  team in the
 3        furtherance of its responsibilities under subsection  (b)
 4        of  Section  7.1.  All reports concerning child abuse and
 5        neglect   made   available    to    members    of    such
 6        multidisciplinary  teams  and  all records generated as a
 7        result of such reports shall be  confidential  and  shall
 8        not  be  disclosed,  except as specifically authorized by
 9        this Act or other  applicable  law.   It  is  a  Class  A
10        misdemeanor   to   permit,   assist   or   encourage  the
11        unauthorized release of any information contained in such
12        reports or records.  Nothing contained  in  this  Section
13        prevents  the  sharing  of reports or records relating or
14        pertaining to the death of a minor under the care  of  or
15        receiving  services  from  the Department of Children and
16        Family  Services  and  under  the  jurisdiction  of   the
17        juvenile  court  with  the  juvenile  court,  the State's
18        Attorney, and the minor's attorney.
19             (17)  The Department of Human Services, as  provided
20        in Section 17 of the Disabled Persons Rehabilitation Act.
21             (18)  Any   other   agency  or  investigative  body,
22        including the Department of Public  Health  and  a  local
23        board  of  health,  authorized by State law to conduct an
24        investigation  into  the  quality  of  care  provided  to
25        children in hospitals  and  other  State  regulated  care
26        facilities.   The  access   to and release of information
27        from such records shall be subject to the approval of the
28        Director of the Department or his designee.
29             (19)  The person appointed, under  Section  2-17  of
30        the  Juvenile Court Act of 1987, as the guardian ad litem
31        of a minor who is the subject  of  a  report  or  records
32        under this Act.
33        (b)  Nothing  contained  in this Act prevents the sharing
34    or  disclosure  of  information  or   records   relating   or
                            -5-                LRB9213157DJgc
 1    pertaining  to  juveniles  subject  to  the provisions of the
 2    Serious Habitual Offender Comprehensive Action  Program  when
 3    that   information   is   used   to   assist   in  the  early
 4    identification and treatment of habitual juvenile offenders.
 5        (c)  To the extent that persons  or  agencies  are  given
 6    access to information pursuant to this Section, those persons
 7    or  agencies  may  give  this information to and receive this
 8    information  from  each  other  in  order  to  facilitate  an
 9    investigation conducted by those persons or agencies.
10    (Source: P.A. 90-15, eff. 6-13-97; 91-357, eff. 7-29-99.)

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