Bill Text: IL HB3168 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Abused and Neglected Child Reporting Act. In a provision that requires the classification of all reports in the central register, provides that prior to classifying a report, the person making the classification shall determine whether the child named in the report is the subject of a juvenile delinquency action under the Juvenile Court Act of 1987 with an open placement or intact family services case with the Department of Children and Family Services or the subject of an abuse, neglect, or dependent minor action under the Juvenile Court Act of 1987. With regard to a report that the Department intends to classify as indicated, requires the Department to transmit a copy of the report with a written notice of the Department's intent to the child's attorney or appointed guardian ad litem within 45 days of the classification of the report. Sets forth similar notice requirements with regard to unfounded reports. Permits a person appointed under the Juvenile Court Act of 1987 as the guardian ad litem of a minor who has an open placement or intact family services case and who is the subject of a report or records made pursuant to the Act to have access to certain records concerning reports of child abuse and neglect. Amends the Juvenile Court Act of 1987. Provides that a guardian ad litem appointed under the Act for a minor with an open placement or intact family services case with the Department is entitled to receive copies of any and all classified reports of child abuse or neglect made pursuant to the Abused and Neglected Child Reporting Act.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Engrossed) 2017-05-18 - Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins [HB3168 Detail]

Download: Illinois-2017-HB3168-Engrossed.html



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1 AN ACT concerning children.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Sections 7.14, 7.16, 7.22, and 11.1 as
6follows:
7 (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
8 Sec. 7.14. All reports in the central register shall be
9classified in one of three categories: "indicated",
10"unfounded" or "undetermined", as the case may be. Prior to
11classifying the report, the person making the classification
12shall determine whether the child named in the report is the
13subject of an action under Article V of the Juvenile Court Act
14of 1987 who is in the custody or guardianship of the Department
15or who has an open intact family services case with the
16Department or is the subject of an action under Article II of
17the Juvenile Court Act of 1987. If the child is either the
18subject of an action under Article V of the Juvenile Court Act
19of 1987 and is in the custody or guardianship of the Department
20or has an open intact family services case with the Department
21or is the subject of an action under Article II of the Juvenile
22Court Act of 1987 and the Department intends to classify the
23report as indicated, the Department shall, within 45 days of

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1classification of the report, transmit a copy of the report to
2the attorney or guardian ad litem appointed for the child under
3Section 2-17 of the Juvenile Court Act of 1987 or to a guardian
4ad litem appointed under Section 5-610 of the Juvenile Court
5Act of 1987. If the child is either the subject of an action
6under Article V of the Juvenile Court Act of 1987 and is in the
7custody or guardianship of the Department or has an open intact
8family services case with the Department or is the subject of
9an action under Article II of the Juvenile Court Act of 1987
10and the Department intends to classify the report as unfounded,
11the Department shall, within 45 days of deciding its intent to
12classify the report as unfounded, transmit a copy of the report
13and written notice of the Department's intent to the attorney
14or guardian ad litem appointed for the child under Section 2-17
15of the Juvenile Court Act of 1987, or to a guardian ad litem
16appointed under Section 5-610 of the Juvenile Court Act of
171987. The Department's obligation under this Section to provide
18reports to a guardian ad litem appointed under Section 5-610 of
19the Juvenile Court Act of 1987 for a minor with an open intact
20family services case applies only if the guardian ad litem
21notified the Department in writing of the representation. All
22information identifying the subjects of an unfounded report
23shall be expunged from the register forthwith, except as
24provided in Section 7.7. Unfounded reports may only be made
25available to the Child Protective Service Unit when
26investigating a subsequent report of suspected abuse or

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1maltreatment involving a child named in the unfounded report;
2and to the subject of the report, provided the Department has
3not expunged the file in accordance with Section 7.7. The Child
4Protective Service Unit shall not indicate the subsequent
5report solely based upon the existence of the prior unfounded
6report or reports. Notwithstanding any other provision of law
7to the contrary, an unfounded report shall not be admissible in
8any judicial or administrative proceeding or action except for
9proceedings under Sections 2-10 and 2-21 of the Juvenile Court
10Act of 1987 involving a petition filed under Section 2-13 of
11the Juvenile Court Act of 1987 alleging abuse or neglect to the
12same child, a sibling of the child, or the same perpetrator.
13Identifying information on all other records shall be removed
14from the register no later than 5 years after the report is
15indicated. However, if another report is received involving the
16same child, his sibling or offspring, or a child in the care of
17the persons responsible for the child's welfare, or involving
18the same alleged offender, the identifying information may be
19maintained in the register until 5 years after the subsequent
20case or report is closed.
21 Notwithstanding any other provision of this Section,
22identifying information in indicated reports involving serious
23physical injury to a child as defined by the Department in
24rules, may be retained longer than 5 years after the report is
25indicated or after the subsequent case or report is closed, and
26may not be removed from the register except as provided by the

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1Department in rules. Identifying information in indicated
2reports involving sexual penetration of a child, sexual
3molestation of a child, sexual exploitation of a child, torture
4of a child, or the death of a child, as defined by the
5Department in rules, shall be retained for a period of not less
6than 50 years after the report is indicated or after the
7subsequent case or report is closed.
8 For purposes of this Section "child" includes an adult
9resident as defined in this Act.
10(Source: P.A. 98-453, eff. 8-16-13; 98-807, eff. 8-1-14; 99-78,
11eff. 7-20-15; 99-349, eff. 1-1-16.)
12 (325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)
13 Sec. 7.16. For any investigation or appeal initiated on or
14after, or pending on July 1, 1998, the following time frames
15shall apply. Within 60 days after the notification of the
16completion of the Child Protective Service Unit investigation,
17determined by the date of the notification sent by the
18Department, the perpetrator named in the notification may
19request the Department to amend the record or remove the record
20of the report from the register, except that the 60-day
21deadline for filing a request to amend the record or remove the
22record of the report from the State Central Register shall be
23tolled until after the conclusion of any criminal court action
24in the circuit court or after adjudication in any juvenile
25court action concerning the circumstances that give rise to an

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1indicated report. Such request shall be in writing and directed
2to such person as the Department designates in the notification
3letter notifying the perpetrator of the indicated finding. The
4perpetrator shall have the right to a timely hearing within the
5Department to determine whether the record of the report should
6be amended or removed on the grounds that it is inaccurate or
7it is being maintained in a manner inconsistent with this Act,
8except that there shall be no such right to a hearing on the
9ground of the report's inaccuracy if there has been a court
10finding of child abuse or neglect or a criminal finding of
11guilt as to the perpetrator. Such hearing shall be held within
12a reasonable time after the perpetrator's request and at a
13reasonable place and hour. The appropriate Child Protective
14Service Unit shall be given notice of the hearing. If the
15minor, who is the victim named in the report sought to be
16amended or removed from the State Central Register, is the
17subject of a pending action under Article V of the Juvenile
18Court Act of 1987 and is in the custody or guardianship of the
19Department or has an open intact family services case with the
20Department or is the subject of a pending action under Article
21II of the Juvenile Court Act of 1987, and the report was made
22while a guardian ad litem was appointed for the minor under
23Section 5-610 or 2-17 of the Juvenile Court Act of 1987, then
24the minor shall, through the minor's attorney or guardian ad
25litem appointed under Section 5-610 or 2-17 of the Juvenile
26Court Act of 1987, have the right to participate and be heard

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1in such hearing as defined under the Department's rules. The
2Department's obligation under this Section to provide a minor
3with a guardian ad litem appointed under Section 5-610 of the
4Juvenile Court Act of 1987 and an open intact family services
5case with the right to participate and be heard applies only if
6the guardian ad litem notified the Department in writing of the
7representation. In such hearings, the burden of proving the
8accuracy and consistency of the record shall be on the
9Department and the appropriate Child Protective Service Unit.
10The hearing shall be conducted by the Director or his designee,
11who is hereby authorized and empowered to order the amendment
12or removal of the record to make it accurate and consistent
13with this Act. The decision shall be made, in writing, at the
14close of the hearing, or within 60 days thereof, and shall
15state the reasons upon which it is based. Decisions of the
16Department under this Section are administrative decisions
17subject to judicial review under the Administrative Review Law.
18 Should the Department grant the request of the perpetrator
19pursuant to this Section either on administrative review or
20after an administrative hearing to amend an indicated report to
21an unfounded report, the report shall be released and expunged
22in accordance with the standards set forth in Section 7.14 of
23this Act.
24(Source: P.A. 98-453, eff. 8-16-13; 98-487, eff. 1-1-14;
2598-756, eff. 7-16-14.)

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1 (325 ILCS 5/7.22)
2 Sec. 7.22. Reviews of unfounded reports.
3 (a) Whenever the Department determines that a reported
4incident of child abuse or neglect will be "unfounded", the
5Department shall forward a copy of the report and written
6notice of the Department's intent to classify the report as
7unfounded to a guardian ad litem appointed under Section 5-610
8of the Juvenile Court Act of 1987 for a minor who is in the
9custody or guardianship of the Department or who has an open
10intact family services case with the Department or the minor's
11attorney or guardian ad litem appointed under Section 2-17 of
12the Juvenile Court Act of 1987. The Department's obligation
13under this subsection to provide reports to a guardian ad litem
14appointed under Section 5-610 of the Juvenile Court Act of 1987
15for a minor with an open intact family services case applies
16only if the guardian ad litem notified the Department in
17writing of the representation. The minor's attorney or guardian
18ad litem who receives a report pursuant to this subsection may
19request a review of the investigation within 10 days of receipt
20of the report and written notice of the Department's intent to
21classify the report as unfounded, as provided in Section 7.14
22of this Act, if the subject of the report is also the minor for
23whom the attorney or guardian ad litem has been appointed.
24 (b) Reviews requested under subsection (a) may be requested
25by sending a request via U.S. Mail, postmarked within 10 days
26after notice of the Department's intent to classify the report

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1as unfounded, or by faxing a request within 10 days after
2notice of the Department's intent to classify the report as
3unfounded. The date of notification of the Department's intent
4to classify the report as unfounded is the date the attorney or
5guardian ad litem received a copy of the report and written
6notice from the Department. Following the review, the
7Department shall inform the minor's attorney or guardian ad
8litem as to whether the report will be classified as indicated
9or unfounded. The minor's attorney or guardian ad litem shall
10also receive a final finding notice from the State Central
11Register.
12 (c) By January 1, 2014, the Department shall promulgate
13rules addressing reviews requested under subsection (a). The
14rules shall provide that a review requested under subsection
15(a) must occur before the report is classified and a final
16finding is entered in the central register and that the review
17must be conducted by a Department employee outside the
18supervisory chain of the assigned investigator.
19(Source: P.A. 98-453, eff. 8-16-13; 98-807, eff. 8-1-14.)
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 in
23Section 11 only in furtherance of purposes directly connected
24with the administration of this Act or the Intergovernmental
25Missing Child Recovery Act of 1984. Those persons and purposes

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1for access include:
2 (1) Department staff in the furtherance of their
3 responsibilities under this Act, or for the purpose of
4 completing background investigations on persons or
5 agencies licensed by the Department or with whom the
6 Department contracts for the provision of child welfare
7 services.
8 (2) A law enforcement agency investigating known or
9 suspected child abuse or neglect, known or suspected
10 involvement with child pornography, known or suspected
11 criminal sexual assault, known or suspected criminal
12 sexual abuse, or any other sexual offense when a child is
13 alleged to be involved.
14 (3) The Department of State Police when administering
15 the provisions of the Intergovernmental Missing Child
16 Recovery Act of 1984.
17 (4) A physician who has before him a child whom he
18 reasonably suspects may be abused or neglected.
19 (5) A person authorized under Section 5 of this Act to
20 place a child in temporary protective custody when such
21 person requires the information in the report or record to
22 determine whether to place the child in temporary
23 protective custody.
24 (6) A person having the legal responsibility or
25 authorization to care for, treat, or supervise a child, or
26 a parent, prospective adoptive parent, foster parent,

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1 guardian, or other person responsible for the child's
2 welfare, who is the subject of a report.
3 (7) Except in regard to harmful or detrimental
4 information as provided in Section 7.19, any subject of the
5 report, and if the subject of the report is a minor, his
6 guardian or guardian ad litem.
7 (8) A court, upon its finding that access to such
8 records may be necessary for the determination of an issue
9 before such court; however, such access shall be limited to
10 in camera inspection, unless the court determines that
11 public disclosure of the information contained therein is
12 necessary for the resolution of an issue then pending
13 before it.
14 (8.1) A probation officer or other authorized
15 representative of a probation or court services department
16 conducting an investigation ordered by a court under the
17 Juvenile Court Act of l987.
18 (9) A grand jury, upon its determination that access to
19 such records is necessary in the conduct of its official
20 business.
21 (10) Any person authorized by the Director, in writing,
22 for audit or bona fide research purposes.
23 (11) Law enforcement agencies, coroners or medical
24 examiners, physicians, courts, school superintendents and
25 child welfare agencies in other states who are responsible
26 for child abuse or neglect investigations or background

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1 investigations.
2 (12) The Department of Professional Regulation, the
3 State Board of Education and school superintendents in
4 Illinois, who may use or disclose information from the
5 records as they deem necessary to conduct investigations or
6 take disciplinary action, as provided by law.
7 (13) A coroner or medical examiner who has reason to
8 believe that a child has died as the result of abuse or
9 neglect.
10 (14) The Director of a State-operated facility when an
11 employee of that facility is the perpetrator in an
12 indicated report.
13 (15) The operator of a licensed child care facility or
14 a facility licensed by the Department of Human Services (as
15 successor to the Department of Alcoholism and Substance
16 Abuse) in which children reside when a current or
17 prospective employee of that facility is the perpetrator in
18 an indicated child abuse or neglect report, pursuant to
19 Section 4.3 of the Child Care Act of 1969.
20 (16) Members of a multidisciplinary team in the
21 furtherance of its responsibilities under subsection (b)
22 of Section 7.1. All reports concerning child abuse and
23 neglect made available to members of such
24 multidisciplinary teams and all records generated as a
25 result of such reports shall be confidential and shall not
26 be disclosed, except as specifically authorized by this Act

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1 or other applicable law. It is a Class A misdemeanor to
2 permit, assist or encourage the unauthorized release of any
3 information contained in such reports or records. Nothing
4 contained in this Section prevents the sharing of reports
5 or records relating or pertaining to the death of a minor
6 under the care of or receiving services from the Department
7 of Children and Family Services and under the jurisdiction
8 of the juvenile court with the juvenile court, the State's
9 Attorney, and the minor's attorney.
10 (17) The Department of Human Services, as provided in
11 Section 17 of the Rehabilitation of Persons with
12 Disabilities Act.
13 (18) Any other agency or investigative body, including
14 the Department of Public Health and a local board of
15 health, authorized by State law to conduct an investigation
16 into the quality of care provided to children in hospitals
17 and other State regulated care facilities. The access to
18 and release of information from such records shall be
19 subject to the approval of the Director of the Department
20 or his designee.
21 (19) The person appointed, under Section 2-17 of the
22 Juvenile Court Act of 1987, as the guardian ad litem of a
23 minor who is the subject of a report or records under this
24 Act; or the person appointed, under Section 5-610 of the
25 Juvenile Court Act of 1987, as the guardian ad litem of a
26 minor who is in the custody or guardianship of the

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1 Department or who has an open intact family services case
2 with the Department and who is the subject of a report or
3 records made pursuant to this Act.
4 (20) The Department of Human Services, as provided in
5 Section 10 of the Early Intervention Services System Act,
6 and the operator of a facility providing early intervention
7 services pursuant to that Act, for the purpose of
8 determining whether a current or prospective employee who
9 provides or may provide direct services under that Act is
10 the perpetrator in an indicated report of child abuse or
11 neglect filed under this Act.
12 (b) Nothing contained in this Act prevents the sharing or
13disclosure of information or records relating or pertaining to
14juveniles subject to the provisions of the Serious Habitual
15Offender Comprehensive Action Program when that information is
16used to assist in the early identification and treatment of
17habitual juvenile offenders.
18 (c) To the extent that persons or agencies are given access
19to information pursuant to this Section, those persons or
20agencies may give this information to and receive this
21information from each other in order to facilitate an
22investigation conducted by those persons or agencies.
23(Source: P.A. 99-143, eff. 7-27-15.)
24 Section 10. The Juvenile Court Act of 1987 is amended by
25changing Section 5-610 as follows:

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1 (705 ILCS 405/5-610)
2 Sec. 5-610. Guardian ad litem and appointment of attorney.
3 (1) The court may appoint a guardian ad litem for the minor
4whenever it finds that there may be a conflict of interest
5between the minor and his or her parent, guardian or legal
6custodian or that it is otherwise in the minor's interest to do
7so.
8 (2) Unless the guardian ad litem is an attorney, he or she
9shall be represented by counsel.
10 (3) The reasonable fees of a guardian ad litem appointed
11under this Section shall be fixed by the court and charged to
12the parents of the minor, to the extent they are able to pay.
13If the parents are unable to pay those fees, they shall be paid
14from the general fund of the county.
15 (4) If, during the court proceedings, the parents,
16guardian, or legal custodian prove that he or she has an actual
17conflict of interest with the minor in that delinquency
18proceeding and that the parents, guardian, or legal custodian
19are indigent, the court shall appoint a separate attorney for
20that parent, guardian, or legal custodian.
21 (5) A guardian ad litem appointed under this Section for a
22minor who is in the custody or guardianship of the Department
23of Children and Family Services or who has an open intact
24family services case with the Department of Children and Family
25Services is entitled to receive copies of any and all

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1classified reports of child abuse or neglect made pursuant to
2the Abused and Neglected Child Reporting Act in which the
3minor, who is the subject of the report under the Abused and
4Neglected Child Reporting Act, is also a minor for whom the
5guardian ad litem is appointed under this Act. The Department
6of Children and Family Services' obligation under this
7subsection to provide reports to a guardian ad litem for a
8minor with an open intact family services case applies only if
9the guardian ad litem notified the Department in writing of the
10representation.
11(Source: P.A. 90-590, eff. 1-1-99.)
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