Bill Text: IL HB0831 | 2019-2020 | 101st General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Abused and Neglected Child Reporting Act. Provides that whenever the Department of Children and Family Services receives, by means of its statewide toll-free telephone number established for the purpose of reporting suspected child abuse or neglect or by any other means or from any mandated reporter, a report of suspected abuse or neglect of a child and the child is alleged to have been abused or neglected while receiving care in a hospital, including a freestanding psychiatric hospital licensed by the Department of Public Health, the Department of Children and Family Services shall: (i) notify the Directors of Public Health and Healthcare and Family Services of the report; and (ii) send a copy of the final finding to the Directors of Public Health and Healthcare and Family Services. Provides that the Department of Public Health shall receive information from unfounded reports involving children alleged to have been abused or neglected while hospitalized, including while hospitalized in freestanding psychiatric hospitals licensed by the Department of Public Health, as necessary for the Department of Public Health to conduct its licensing investigation. In a provision that grants the Department of Public Health and other investigative bodies access to records concerning child abuse and neglect reports, removes language that requires the Director of Children and Family Services to approve such access.

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Passed) 2019-07-12 - Public Act . . . . . . . . . 101-0043 [HB0831 Detail]

Download: Illinois-2019-HB0831-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB0831 Introduced , by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
325 ILCS 5/8.7 new
325 ILCS 5/11.1 from Ch. 23, par. 2061.1
Amends the Abused and Neglected Child Reporting Act. Provides that within 10 days after completing an investigation of alleged physical abuse, sexual abuse, or neglect, if the report is unfounded or indicated, the Child Protective Service Unit shall send a copy of its final finding report to the Director of Public Health and the Director of Healthcare and Family Services. Requires the Director of Public Health and the Director of Healthcare and Family Services to ensure that the report remains confidential. In a provision that grants the Department of Public Health and other investigative bodies access to records concerning child abuse and neglect reports, removes language that requires the Director of Children and Family Services to approve such access.
LRB101 07068 KTG 52105 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB0831 LRB101 07068 KTG 52105 b
AN ACT concerning children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Abused and Neglected Child Reporting Act is
amended by changing Section 11.1 and by adding Section 8.7 as
follows:
(325 ILCS 5/8.7 new)
Sec. 8.7. Reports to the Departments of Public Health and
Healthcare and Family Services. Within 10 days after completing
an investigation of alleged physical abuse, sexual abuse, or
neglect under this Act, if the report is unfounded or
indicated, the Child Protective Service Unit shall send a copy
of its final finding report to the Director of Public Health
and the Director of Healthcare and Family Services. The final
finding report shall be sent as "confidential", and the
Director of Public Health and the Director of Healthcare and
Family Services shall ensure that the report remains
confidential in accordance with law.
(325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
Sec. 11.1. Access to records.
(a) A person shall have access to the records described in
Section 11 only in furtherance of purposes directly connected

HB0831 - 2 - LRB101 07068 KTG 52105 b
with the administration of this Act or the Intergovernmental
Missing Child Recovery Act of 1984. Those persons and purposes
for access include:
(1) Department staff in the furtherance of their
responsibilities under this Act, or for the purpose of
completing background investigations on persons or
agencies licensed by the Department or with whom the
Department contracts for the provision of child welfare
services.
(2) A law enforcement agency investigating known or
suspected child abuse or neglect, known or suspected
involvement with child pornography, known or suspected
criminal sexual assault, known or suspected criminal
sexual abuse, or any other sexual offense when a child is
alleged to be involved.
(3) The Department of State Police when administering
the provisions of the Intergovernmental Missing Child
Recovery Act of 1984.
(4) A physician who has before him a child whom he
reasonably suspects may be abused or neglected.
(5) A person authorized under Section 5 of this Act to
place a child in temporary protective custody when such
person requires the information in the report or record to
determine whether to place the child in temporary
protective custody.
(6) A person having the legal responsibility or

HB0831 - 3 - LRB101 07068 KTG 52105 b
authorization to care for, treat, or supervise a child, or
a parent, prospective adoptive parent, foster parent,
guardian, or other person responsible for the child's
welfare, who is the subject of a report.
(7) Except in regard to harmful or detrimental
information as provided in Section 7.19, any subject of the
report, and if the subject of the report is a minor, his
guardian or guardian ad litem.
(8) A court, upon its finding that access to such
records may be necessary for the determination of an issue
before such court; however, such access shall be limited to
in camera inspection, unless the court determines that
public disclosure of the information contained therein is
necessary for the resolution of an issue then pending
before it.
(8.1) A probation officer or other authorized
representative of a probation or court services department
conducting an investigation ordered by a court under the
Juvenile Court Act of 1987.
(9) A grand jury, upon its determination that access to
such records is necessary in the conduct of its official
business.
(10) Any person authorized by the Director, in writing,
for audit or bona fide research purposes.
(11) Law enforcement agencies, coroners or medical
examiners, physicians, courts, school superintendents and

HB0831 - 4 - LRB101 07068 KTG 52105 b
child welfare agencies in other states who are responsible
for child abuse or neglect investigations or background
investigations.
(12) The Department of Professional Regulation, the
State Board of Education and school superintendents in
Illinois, who may use or disclose information from the
records as they deem necessary to conduct investigations or
take disciplinary action, as provided by law.
(13) A coroner or medical examiner who has reason to
believe that a child has died as the result of abuse or
neglect.
(14) The Director of a State-operated facility when an
employee of that facility is the perpetrator in an
indicated report.
(15) The operator of a licensed child care facility or
a facility licensed by the Department of Human Services (as
successor to the Department of Alcoholism and Substance
Abuse) in which children reside when a current or
prospective employee of that facility is the perpetrator in
an indicated child abuse or neglect report, pursuant to
Section 4.3 of the Child Care Act of 1969.
(16) Members of a multidisciplinary team in the
furtherance of its responsibilities under subsection (b)
of Section 7.1. All reports concerning child abuse and
neglect made available to members of such
multidisciplinary teams and all records generated as a

HB0831 - 5 - LRB101 07068 KTG 52105 b
result of such reports shall be confidential and shall not
be disclosed, except as specifically authorized by this Act
or other applicable law. It is a Class A misdemeanor to
permit, assist or encourage the unauthorized release of any
information contained in such reports or records. Nothing
contained in this Section prevents the sharing of reports
or records relating or pertaining to the death of a minor
under the care of or receiving services from the Department
of Children and Family Services and under the jurisdiction
of the juvenile court with the juvenile court, the State's
Attorney, and the minor's attorney.
(17) The Department of Human Services, as provided in
Section 17 of the Rehabilitation of Persons with
Disabilities Act.
(18) Any other agency or investigative body, including
the Department of Public Health and a local board of
health, authorized by State law to conduct an investigation
into the quality of care provided to children in hospitals
and other State regulated care facilities. The access to
and release of information from such records shall be
subject to the approval of the Director of the Department
or his designee.
(19) The person appointed, under Section 2-17 of the
Juvenile Court Act of 1987, as the guardian ad litem of a
minor who is the subject of a report or records under this
Act; or the person appointed, under Section 5-610 of the

HB0831 - 6 - LRB101 07068 KTG 52105 b
Juvenile Court Act of 1987, as the guardian ad litem of a
minor who is in the custody or guardianship of the
Department or who has an open intact family services case
with the Department and who is the subject of a report or
records made pursuant to this Act.
(20) The Department of Human Services, as provided in
Section 10 of the Early Intervention Services System Act,
and the operator of a facility providing early intervention
services pursuant to that Act, for the purpose of
determining whether a current or prospective employee who
provides or may provide direct services under that Act is
the perpetrator in an indicated report of child abuse or
neglect filed under this Act.
(b) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
(c) To the extent that persons or agencies are given access
to information pursuant to this Section, those persons or
agencies may give this information to and receive this
information from each other in order to facilitate an
investigation conducted by those persons or agencies.
(Source: P.A. 99-143, eff. 7-27-15; 100-158, eff. 1-1-18.)