Bill Text: IL SB0646 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Abused and Neglected Child Reporting Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0406 [SB0646 Detail]
Download: Illinois-2017-SB0646-Engrossed.html
Bill Title: Amends the Abused and Neglected Child Reporting Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0406 [SB0646 Detail]
Download: Illinois-2017-SB0646-Engrossed.html
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1 | AN ACT concerning children.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Abused and Neglected Child Reporting Act is | ||||||
5 | amended by changing Section 7.4 as follows:
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6 | (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
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7 | Sec. 7.4. (a) The Department shall be capable of receiving | ||||||
8 | reports of
suspected child abuse or neglect 24 hours a day, 7 | ||||||
9 | days a week. Whenever
the Department receives a report alleging | ||||||
10 | that a child is a
truant as defined in Section 26-2a of The | ||||||
11 | School Code, as now or hereafter
amended, the Department shall | ||||||
12 | notify the superintendent of the school
district in which the | ||||||
13 | child resides and the appropriate superintendent of
the | ||||||
14 | educational service region. The notification to the | ||||||
15 | appropriate
officials by the Department shall not be considered | ||||||
16 | an allegation of abuse
or neglect under this Act.
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17 | (a-5) Beginning January 1, 2010, the Department of Children | ||||||
18 | and Family Services may implement a 5-year demonstration of a | ||||||
19 | "differential response program" in accordance with criteria, | ||||||
20 | standards, and procedures prescribed by rule. The program may | ||||||
21 | provide that, upon receiving a report, the Department shall | ||||||
22 | determine whether to conduct a family assessment or an | ||||||
23 | investigation as appropriate to prevent or provide a remedy for |
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1 | child abuse or neglect. | ||||||
2 | For purposes of this subsection (a-5), "family assessment" | ||||||
3 | means a comprehensive assessment of child safety, risk of | ||||||
4 | subsequent child maltreatment, and family strengths and needs | ||||||
5 | that is applied to a child maltreatment report that does not | ||||||
6 | allege substantial child endangerment. "Family assessment" | ||||||
7 | does not include a determination as to whether child | ||||||
8 | maltreatment occurred but does determine the need for services | ||||||
9 | to address the safety of family members and the risk of | ||||||
10 | subsequent maltreatment. | ||||||
11 | For purposes of this subsection (a-5), "investigation" | ||||||
12 | means fact-gathering related to the current safety of a child | ||||||
13 | and the risk of subsequent abuse or neglect that determines | ||||||
14 | whether a report of suspected child abuse or neglect should be | ||||||
15 | indicated or unfounded and whether child protective services | ||||||
16 | are needed. | ||||||
17 | Under the "differential response program" implemented | ||||||
18 | under this subsection (a-5), the Department: | ||||||
19 | (1) Shall conduct an investigation on reports | ||||||
20 | involving substantial child abuse or neglect. | ||||||
21 | (2) Shall begin an immediate investigation if, at any | ||||||
22 | time when it is using a family assessment response, it | ||||||
23 | determines that there is reason to believe that substantial | ||||||
24 | child abuse or neglect or a serious threat to the child's | ||||||
25 | safety exists. | ||||||
26 | (3) May conduct a family assessment for reports that do |
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1 | not allege substantial child endangerment. In determining | ||||||
2 | that a family assessment is appropriate, the Department may | ||||||
3 | consider issues including, but not limited to, child | ||||||
4 | safety, parental cooperation, and the need for an immediate | ||||||
5 | response. | ||||||
6 | (4) Shall promulgate criteria, standards, and | ||||||
7 | procedures that shall be applied in making this | ||||||
8 | determination, taking into consideration the Child | ||||||
9 | Endangerment Risk Assessment Protocol of the Department. | ||||||
10 | (5) May conduct a family assessment on a report that | ||||||
11 | was initially screened and assigned for an investigation. | ||||||
12 | In determining that a complete investigation is not | ||||||
13 | required, the Department must document the reason for | ||||||
14 | terminating the investigation and notify the local law | ||||||
15 | enforcement agency or the Department of State Police if the | ||||||
16 | local law enforcement agency or Department of State Police is | ||||||
17 | conducting a joint investigation. | ||||||
18 | Once it is determined that a "family assessment" will be | ||||||
19 | implemented, the case shall not be reported to the central | ||||||
20 | register of abuse and neglect reports. | ||||||
21 | During a family assessment, the Department shall collect | ||||||
22 | any available and relevant information to determine child | ||||||
23 | safety, risk of subsequent abuse or neglect, and family | ||||||
24 | strengths. | ||||||
25 | Information collected includes, but is not limited to, when | ||||||
26 | relevant: information with regard to the person reporting the |
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1 | alleged abuse or neglect, including the nature of the | ||||||
2 | reporter's relationship to the child and to the alleged | ||||||
3 | offender, and the basis of the reporter's knowledge for the | ||||||
4 | report; the child allegedly being abused or neglected; the | ||||||
5 | alleged offender; the child's caretaker; and other collateral | ||||||
6 | sources having relevant information related to the alleged | ||||||
7 | abuse or neglect. Information relevant to the assessment must | ||||||
8 | be asked for, and may include: | ||||||
9 | (A) The child's sex and age, prior reports of abuse or | ||||||
10 | neglect, information relating to developmental | ||||||
11 | functioning, credibility of the child's statement, and | ||||||
12 | whether the information provided under this paragraph (A) | ||||||
13 | is consistent with other information collected during the | ||||||
14 | course of the assessment or investigation. | ||||||
15 | (B) The alleged offender's age, a record check for | ||||||
16 | prior reports of abuse or neglect, and criminal charges and | ||||||
17 | convictions. The alleged offender may submit supporting | ||||||
18 | documentation relevant to the assessment. | ||||||
19 | (C) Collateral source information regarding the | ||||||
20 | alleged abuse or neglect and care of the child. Collateral | ||||||
21 | information includes, when relevant: (i) a medical | ||||||
22 | examination of the child; (ii) prior medical records | ||||||
23 | relating to the alleged maltreatment or care of the child | ||||||
24 | maintained by any facility, clinic, or health care | ||||||
25 | professional, and an interview with the treating | ||||||
26 | professionals; and (iii) interviews with the child's |
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1 | caretakers, including the child's parent, guardian, foster | ||||||
2 | parent, child care provider, teachers, counselors, family | ||||||
3 | members, relatives, and other persons who may have | ||||||
4 | knowledge regarding the alleged maltreatment and the care | ||||||
5 | of the child. | ||||||
6 | (D) Information on the existence of domestic abuse and | ||||||
7 | violence in the home of the child, and substance abuse. | ||||||
8 | Nothing in this subsection (a-5) precludes the Department | ||||||
9 | from collecting other relevant information necessary to | ||||||
10 | conduct the assessment or investigation. Nothing in this | ||||||
11 | subsection (a-5) shall be construed to allow the name or | ||||||
12 | identity of a reporter to be disclosed in violation of the | ||||||
13 | protections afforded under Section 7.19 of this Act. | ||||||
14 | After conducting the family assessment, the Department | ||||||
15 | shall determine whether services are needed to address the | ||||||
16 | safety of the child and other family members and the risk of | ||||||
17 | subsequent abuse or neglect. | ||||||
18 | Upon completion of the family assessment, if the Department | ||||||
19 | concludes that no services shall be offered, then the case | ||||||
20 | shall be closed. If the Department concludes that services | ||||||
21 | shall be offered, the Department shall develop a family | ||||||
22 | preservation plan and offer or refer services to the family. | ||||||
23 | At any time during a family assessment, if the Department | ||||||
24 | believes there is any reason to stop the assessment and conduct | ||||||
25 | an investigation based on the information discovered, the | ||||||
26 | Department shall do so. |
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1 | The procedures available to the Department in conducting | ||||||
2 | investigations under this Act shall be followed as appropriate | ||||||
3 | during a family assessment. | ||||||
4 | The Department shall arrange for an independent evaluation | ||||||
5 | of the "differential response program" authorized and | ||||||
6 | implemented under this subsection (a-5) to determine whether it | ||||||
7 | is meeting the goals in accordance with Section 2 of this Act. | ||||||
8 | The Department may adopt administrative rules necessary for the | ||||||
9 | execution of this Section, in accordance with Section 4 of the | ||||||
10 | Children and Family Services Act. | ||||||
11 | The demonstration conducted under this subsection (a-5) | ||||||
12 | shall become a permanent program on July 1, 2016, upon | ||||||
13 | completion of the demonstration project period. | ||||||
14 | (a-6) As used in this subsection: | ||||||
15 | "Domestic violence co-location program" means a program, | ||||||
16 | administered in partnership with a co-location program | ||||||
17 | management entity, where certified domestic violence advocates | ||||||
18 | who are trained in domestic violence services and employed | ||||||
19 | through a certified domestic violence provider are assigned to | ||||||
20 | work in a field office of the Department of Children and Family | ||||||
21 | Services alongside and in collaboration with child welfare | ||||||
22 | investigators and caseworkers working with families where | ||||||
23 | there are indicators of domestic violence. | ||||||
24 | "Domestic violence" has the meaning ascribed to it in the | ||||||
25 | Illinois Domestic Violence Act of 1986. | ||||||
26 | "Co-location program management entity" means the |
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1 | organization that partners with the Department to administer | ||||||
2 | the domestic violence co-location program. | ||||||
3 | "Certified domestic violence advocate" means a domestic | ||||||
4 | violence professional who has completed the requirements as | ||||||
5 | specified in the certification criteria of the Illinois | ||||||
6 | Certified Domestic Violence Professionals. | ||||||
7 | Subject to appropriations or the availability of other | ||||||
8 | funds for this purpose, the Department may implement a 5-year | ||||||
9 | pilot program of a domestic violence co-location program. The | ||||||
10 | domestic violence co-location program shall be designed to | ||||||
11 | improve child welfare interventions provided to families | ||||||
12 | experiencing domestic violence in part by enhancing the safety | ||||||
13 | and stability of children, reducing the number of children | ||||||
14 | removed from their parents, and improving outcomes for children | ||||||
15 | within their families through a strength-based and | ||||||
16 | trauma-informed collaborative support program. The pilot | ||||||
17 | program shall occur in no fewer than 3 Department offices. | ||||||
18 | Additional sites may be added during the pilot program, and the | ||||||
19 | pilot program may be expanded and converted into a permanent | ||||||
20 | statewide program. | ||||||
21 | The Department shall adopt rules and procedures and shall | ||||||
22 | develop and facilitate training for the effective | ||||||
23 | implementation of the domestic violence co-location program. | ||||||
24 | The Department shall track, collect, report on, and share | ||||||
25 | data about domestic violence-affected families, including, but | ||||||
26 | not limited to, data related to hotline calls, investigations, |
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1 | protective custody, cases referred to the juvenile court, and | ||||||
2 | outcomes of the domestic violence co-location program. | ||||||
3 | The Department may arrange for an independent, | ||||||
4 | evidence-based evaluation of the domestic violence co-location | ||||||
5 | program authorized and implemented under this subsection to | ||||||
6 | determine whether it is meeting its goals. The independent | ||||||
7 | evidence-based evaluation may include, but is not limited to, | ||||||
8 | data regarding: (i) the number of children removed from their | ||||||
9 | parents; (ii) the number of children who remain with the | ||||||
10 | non-offending parent; (iii) the number of indicated and | ||||||
11 | unfounded investigative findings and corresponding allegations | ||||||
12 | of maltreatment for the non-offending parent and domestic | ||||||
13 | violence perpetrator; (iv) the number of referrals to the | ||||||
14 | co-located certified domestic violence advocates; (v) the | ||||||
15 | number of referrals for services; and (vi) the number of months | ||||||
16 | that children remained in foster care whose cases involved the | ||||||
17 | co-located certified domestic violence advocate. | ||||||
18 | Following the expiration of the 5-year pilot program or | ||||||
19 | prior to the expiration of the pilot program, if there is | ||||||
20 | evidence that the pilot program is effective, the domestic | ||||||
21 | violence co-location program may expand into each county, | ||||||
22 | investigative office of the Department of Children and Family | ||||||
23 | Services, or purchase of service or other contracted private | ||||||
24 | agency delivering intact family or foster care services in | ||||||
25 | Illinois. | ||||||
26 | Nothing in this Section shall be construed to breach the |
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1 | confidentiality protections provided under State law to | ||||||
2 | domestic violence professionals, including co-located | ||||||
3 | certified domestic violence advocates, in the provision of | ||||||
4 | services to domestic violence victims as employees of certified | ||||||
5 | domestic violence agencies or to any individual who receives | ||||||
6 | services from certified domestic violence agencies.
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7 | (b)(1) The following procedures shall be followed in the | ||||||
8 | investigation
of all reports of suspected abuse or neglect of a | ||||||
9 | child, except as provided
in subsection (c) of this Section.
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10 | (2) If, during a family assessment authorized by subsection | ||||||
11 | (a-5) or an investigation, it appears that the immediate safety | ||||||
12 | or well-being of a child is
endangered, that the family may | ||||||
13 | flee or the child disappear, or that the
facts otherwise so | ||||||
14 | warrant, the Child Protective Service Unit shall
commence an | ||||||
15 | investigation immediately, regardless of the time of day or
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16 | night. All other investigations shall be commenced within 24
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17 | hours of receipt of the report. Upon receipt of a report, the | ||||||
18 | Child
Protective Service Unit shall conduct a family assessment | ||||||
19 | authorized by subsection (a-5) or begin an initial | ||||||
20 | investigation and make an initial
determination whether the | ||||||
21 | report is a good faith indication of alleged
child abuse or | ||||||
22 | neglect.
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23 | (3) Based on an initial investigation, if the Unit | ||||||
24 | determines the report is a good faith
indication of alleged | ||||||
25 | child abuse or neglect, then a formal investigation
shall | ||||||
26 | commence and, pursuant to Section 7.12 of this Act, may or may |
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1 | not
result in an indicated report. The formal investigation | ||||||
2 | shall include:
direct contact with the subject or subjects of | ||||||
3 | the report as soon as
possible after the report is received; an
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4 | evaluation of the environment of the child named in the report | ||||||
5 | and any other
children in the same environment; a determination | ||||||
6 | of the risk to such
children if they continue to remain in the | ||||||
7 | existing environments, as well
as a determination of the | ||||||
8 | nature, extent and cause of any condition
enumerated in such | ||||||
9 | report; the name, age and condition of other children in
the | ||||||
10 | environment; and an evaluation as to whether there would be an
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11 | immediate and urgent necessity to remove the child from the | ||||||
12 | environment if
appropriate family preservation services were | ||||||
13 | provided. After seeing to
the safety of the child or children, | ||||||
14 | the Department shall
forthwith notify the subjects of the | ||||||
15 | report in writing, of the existence
of the report and their | ||||||
16 | rights existing under this Act in regard to amendment
or | ||||||
17 | expungement. To fulfill the requirements of this Section, the | ||||||
18 | Child
Protective Service Unit shall have the capability of | ||||||
19 | providing or arranging
for comprehensive emergency services to | ||||||
20 | children and families at all times
of the day or night.
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21 | (4) If (i) at the conclusion of the Unit's initial | ||||||
22 | investigation of a
report, the Unit determines the report to be | ||||||
23 | a good faith indication of
alleged child abuse or neglect that | ||||||
24 | warrants a formal investigation by
the Unit, the Department, | ||||||
25 | any law enforcement agency or any other
responsible agency and | ||||||
26 | (ii) the person who is alleged to have caused the
abuse or |
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1 | neglect is employed or otherwise engaged in an activity | ||||||
2 | resulting
in frequent contact with children and the alleged | ||||||
3 | abuse or neglect are in
the course of such employment or | ||||||
4 | activity, then the Department shall,
except in investigations | ||||||
5 | where the Director determines that such
notification would be | ||||||
6 | detrimental to the Department's investigation, inform
the | ||||||
7 | appropriate supervisor or administrator of that employment or | ||||||
8 | activity
that the Unit has commenced a formal investigation | ||||||
9 | pursuant to this Act,
which may or may not result in an | ||||||
10 | indicated report. The Department shall also
notify the person | ||||||
11 | being investigated, unless the Director determines that
such | ||||||
12 | notification would be detrimental to the Department's | ||||||
13 | investigation.
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14 | (c) In an investigation of a report of suspected abuse or | ||||||
15 | neglect of
a child by a school employee at a school or on | ||||||
16 | school grounds, the
Department shall make reasonable efforts to | ||||||
17 | follow the following procedures:
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18 | (1) Investigations involving teachers shall not, to | ||||||
19 | the extent possible,
be conducted when the teacher is | ||||||
20 | scheduled to conduct classes.
Investigations involving | ||||||
21 | other school employees shall be conducted so as to
minimize | ||||||
22 | disruption of the school day. The school employee accused | ||||||
23 | of
child abuse or neglect may have his superior, his | ||||||
24 | association or union
representative and his attorney | ||||||
25 | present at any interview or meeting at
which the teacher or | ||||||
26 | administrator is present. The accused school employee
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1 | shall be informed by a representative of the Department, at | ||||||
2 | any
interview or meeting, of the accused school employee's | ||||||
3 | due process rights
and of the steps in the investigation | ||||||
4 | process.
The information shall include, but need not | ||||||
5 | necessarily be limited to the
right, subject to the | ||||||
6 | approval of the Department, of the school employee to
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7 | confront the accuser, if the accuser is 14 years of age or | ||||||
8 | older, or the
right to review the specific allegations | ||||||
9 | which gave rise to the
investigation, and the right to | ||||||
10 | review all materials and evidence that have
been submitted | ||||||
11 | to the Department in support of the allegation. These due
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12 | process rights shall also include the right of the school | ||||||
13 | employee to
present countervailing evidence regarding the | ||||||
14 | accusations.
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15 | (2) If a report of neglect or abuse of a child by a | ||||||
16 | teacher or
administrator does not involve allegations of | ||||||
17 | sexual abuse or extreme
physical abuse, the Child | ||||||
18 | Protective Service Unit shall make reasonable
efforts to | ||||||
19 | conduct the initial investigation in coordination with the
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20 | employee's supervisor.
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21 | If the Unit determines that the report is a good faith | ||||||
22 | indication of
potential child abuse or neglect, it shall | ||||||
23 | then commence a formal
investigation under paragraph (3) of | ||||||
24 | subsection (b) of this Section.
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25 | (3) If a report of neglect or abuse of a child by a | ||||||
26 | teacher or
administrator involves an allegation of sexual |
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1 | abuse or extreme physical
abuse, the Child Protective Unit | ||||||
2 | shall commence an investigation under
paragraph (2) of | ||||||
3 | subsection (b) of this Section.
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4 | (c-5) In any instance in which a report is made or caused | ||||||
5 | to made by a school district employee involving the conduct of | ||||||
6 | a person employed by the school district, at the time the | ||||||
7 | report was made, as required under Section 4 of this Act, the | ||||||
8 | Child Protective Service Unit shall send a copy of its final | ||||||
9 | finding report to the general superintendent of that school | ||||||
10 | district.
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11 | (d) If the Department has contact with an employer, or with | ||||||
12 | a religious
institution or religious official having | ||||||
13 | supervisory or hierarchical authority
over a member of the | ||||||
14 | clergy accused of the abuse of a child,
in the course of its
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15 | investigation, the Department shall notify the employer or the | ||||||
16 | religious
institution or religious official, in writing, when a
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17 | report is unfounded so that any record of the investigation can | ||||||
18 | be expunged
from the employee's or member of the clergy's | ||||||
19 | personnel or other
records. The Department shall also notify
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20 | the employee or the member of the clergy, in writing, that | ||||||
21 | notification
has been sent to the employer or to the | ||||||
22 | appropriate religious institution or
religious official
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23 | informing the employer or religious institution or religious | ||||||
24 | official that
the
Department's investigation has resulted in
an | ||||||
25 | unfounded report.
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26 | (e) Upon request by the Department, the
Department of State |
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1 | Police and law enforcement agencies are
authorized to provide | ||||||
2 | criminal history record information
as defined in the Illinois | ||||||
3 | Uniform Conviction Information Act and information
maintained | ||||||
4 | in
the adjudicatory and dispositional record system as defined | ||||||
5 | in Section
2605-355 of the Department of State Police Law (20 | ||||||
6 | ILCS
2605/2605-355) to properly
designated
employees of the
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7 | Department of Children
and Family Services if the Department | ||||||
8 | determines the information is
necessary to perform its duties | ||||||
9 | under the Abused and
Neglected Child Reporting Act, the Child | ||||||
10 | Care Act of 1969, and the Children and
Family Services Act. The
| ||||||
11 | request shall be in the form and manner required
by
the | ||||||
12 | Department of State Police. Any information obtained by the | ||||||
13 | Department of
Children
and Family Services under this Section | ||||||
14 | is
confidential and may not be transmitted outside the | ||||||
15 | Department of Children
and Family Services other than to a | ||||||
16 | court of competent jurisdiction or unless
otherwise authorized | ||||||
17 | by law.
Any employee of the Department of Children and Family | ||||||
18 | Services who transmits
confidential information in
violation | ||||||
19 | of this
Section or causes the information to be
transmitted in | ||||||
20 | violation of this Section is guilty of a Class A
misdemeanor | ||||||
21 | unless the transmittal of
the
information is
authorized by this | ||||||
22 | Section or otherwise authorized by law.
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23 | (f) For purposes of this Section "child abuse or neglect" | ||||||
24 | includes abuse or neglect of an adult resident as defined in | ||||||
25 | this Act. | ||||||
26 | (Source: P.A. 98-1141, eff. 12-30-14.)
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