Bill Amendment: IL HB2583 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ABUSED KIDS-PROTECTION ORDERS
Status: 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB2583 Detail]
Download: Illinois-2015-HB2583-House_Amendment_001.html
Bill Title: ABUSED KIDS-PROTECTION ORDERS
Status: 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB2583 Detail]
Download: Illinois-2015-HB2583-House_Amendment_001.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 2583
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 2583 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Abused and Neglected Child Reporting Act is | ||||||
5 | amended by changing Sections 7.8 and 7.14 as follows:
| ||||||
6 | (325 ILCS 5/7.8) (from Ch. 23, par. 2057.8)
| ||||||
7 | Sec. 7.8.
Upon receiving an oral or written report of | ||||||
8 | suspected
child abuse or neglect, the Department shall | ||||||
9 | immediately notify, either
orally or electronically, the Child | ||||||
10 | Protective Service Unit of a previous
report concerning a | ||||||
11 | subject of the present report or other pertinent
information. | ||||||
12 | In addition, upon satisfactory identification procedures, to
| ||||||
13 | be established by Department regulation, any person authorized | ||||||
14 | to have
access to records under Section 11.1 relating to child | ||||||
15 | abuse and neglect
may request and shall be immediately provided | ||||||
16 | the information requested in
accordance with this Act. However, |
| |||||||
| |||||||
1 | no information shall be released unless
it prominently states | ||||||
2 | the report is "indicated", and only information from
| ||||||
3 | "indicated" reports shall be released, except that information | ||||||
4 | concerning
pending reports may be released pursuant to Sections | ||||||
5 | 7.14 and 7.22 of this Act to the attorney or guardian ad litem | ||||||
6 | appointed under Section 2-17 of the Juvenile Court Act of 1987 | ||||||
7 | and to any person authorized under
paragraphs (1), (2), (3) and | ||||||
8 | (11) of Section 11.1. In addition, State's
Attorneys are | ||||||
9 | authorized to receive unfounded reports (i) for prosecution
| ||||||
10 | purposes related to the transmission of false reports of child | ||||||
11 | abuse or
neglect in violation of subsection (a), paragraph (7) | ||||||
12 | of Section 26-1
of the Criminal Code of 2012 or (ii) for the | ||||||
13 | purposes of screening and prosecuting a petition filed under | ||||||
14 | Article II of the Juvenile Court Act of 1987 alleging a | ||||||
15 | subsequent allegation of abuse or neglect relating to the same | ||||||
16 | child, sibling of the child, or the same perpetrator, and | ||||||
17 | attorneys and guardians ad litem appointed under
Article II of | ||||||
18 | the Juvenile Court Act of 1987 shall receive the
reports set | ||||||
19 | forth in Section 7.14 of this Act in conformance with paragraph
| ||||||
20 | (19) of Section 11.1 and Section 7.14 of this Act. The names | ||||||
21 | and other
identifying data and the dates and the circumstances | ||||||
22 | of any persons
requesting or receiving information from the | ||||||
23 | central register shall be
entered in the register record.
| ||||||
24 | (Source: P.A. 97-1150, eff. 1-25-13; 98-807, eff. 8-1-14; | ||||||
25 | revised 11-25-14.)
|
| |||||||
| |||||||
1 | (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
| ||||||
2 | Sec. 7.14. All reports in the central register shall be | ||||||
3 | classified in one
of three categories: "indicated", | ||||||
4 | "unfounded" or "undetermined", as the
case may be. Prior to | ||||||
5 | classifying the report, the person making the
classification | ||||||
6 | shall determine whether the child named in the
report is the | ||||||
7 | subject of an action under Article II of the Juvenile Court
Act | ||||||
8 | of 1987. If the child is the subject of an action under Article | ||||||
9 | II of the
Juvenile Court Act of 1987 and the Department intends | ||||||
10 | to classify the report as indicated, the Department shall, | ||||||
11 | within 45 days of classification of the report, transmit a copy | ||||||
12 | of the report to
the attorney or guardian ad litem appointed | ||||||
13 | for the child under Section 2-17 of the
Juvenile Court Act of | ||||||
14 | 1987 . If the child is the subject of an action under Article II | ||||||
15 | of the Juvenile Court Act of 1987 and the Department intends to | ||||||
16 | classify the report as unfounded, the Department shall, within | ||||||
17 | 45 days of deciding its intent to classify the report as | ||||||
18 | unfounded, transmit a copy of the report and written notice of | ||||||
19 | the Department's intent to the attorney or guardian ad litem | ||||||
20 | appointed for the child under Section 2-17 of the Juvenile | ||||||
21 | Court Act of 1987 . All information identifying the subjects of | ||||||
22 | an unfounded
report shall be expunged from the register
| ||||||
23 | forthwith, except as provided in Section 7.7.
Unfounded reports | ||||||
24 | may only be made available to the Child
Protective Service Unit | ||||||
25 | when investigating a subsequent report of suspected
abuse or | ||||||
26 | maltreatment involving a child named in the unfounded report; |
| |||||||
| |||||||
1 | and to
the subject of the report, provided the Department has | ||||||
2 | not expunged the file in accordance with Section 7.7. The Child | ||||||
3 | Protective
Service Unit shall not indicate the subsequent | ||||||
4 | report solely based upon the
existence of the prior unfounded | ||||||
5 | report or reports. Notwithstanding any other
provision of law | ||||||
6 | to the contrary, an unfounded report shall not be admissible
in | ||||||
7 | any judicial or administrative proceeding or action except for | ||||||
8 | the purpose of prosecuting a petition filed under Article II of | ||||||
9 | the Juvenile Court Act of 1987 alleging a subsequent allegation | ||||||
10 | of abuse or neglect relating to the same child, sibling of the | ||||||
11 | child, or the same perpetrator .
Identifying information on all | ||||||
12 | other records shall be
removed from the register no later than | ||||||
13 | 5 years after the report is indicated.
However, if another | ||||||
14 | report is received involving the same child, his sibling
or | ||||||
15 | offspring, or a child in the care of the persons responsible | ||||||
16 | for the
child's welfare, or involving the same alleged | ||||||
17 | offender, the
identifying
information may be maintained in the | ||||||
18 | register
until 5 years after the subsequent case or report is | ||||||
19 | closed.
| ||||||
20 | Notwithstanding any other provision of this Section, | ||||||
21 | identifying
information in indicated reports involving serious | ||||||
22 | physical injury to a child as defined by the
Department in | ||||||
23 | rules, may be retained longer than 5 years after the report
is | ||||||
24 | indicated or after the subsequent case or report is closed, and | ||||||
25 | may not
be removed from the register except as provided by the | ||||||
26 | Department in rules. Identifying information in indicated |
| |||||||
| |||||||
1 | reports involving sexual penetration of a child, sexual | ||||||
2 | molestation of a child, sexual exploitation of a child, torture | ||||||
3 | of a child, or the death of a child, as defined by the | ||||||
4 | Department in rules, shall be retained for a period of not less | ||||||
5 | than 50 years after the report is indicated or after the | ||||||
6 | subsequent case or report is closed.
| ||||||
7 | For purposes of this Section "child" includes an adult | ||||||
8 | resident as defined in this Act. | ||||||
9 | (Source: P.A. 97-333, eff. 8-12-11; 98-453, eff. 8-16-13; | ||||||
10 | 98-807, eff. 8-1-14; revised 11-25-14.)".
|