Bill Text: IL SB1335 | 2015-2016 | 99th General Assembly | Chaptered

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Bill Title: Amends the Abused and Neglected Child Reporting Act. Provides that State's Attorneys are authorized to receive unfounded reports of child abuse or neglect for the purpose of screening and prosecuting a petition filed under the Juvenile Court Act of 1987 requesting an Order of Protection. Provides that an unfounded report shall not be admissible in any judicial or administrative proceeding or action "except for the purpose of screening and prosecuting a petition filed under the Juvenile Court Act of 1987 requesting an Order of Protection" (rather than an unfounded report shall not be admissible in any judicial or administrative proceeding or action).

Spectrum: Slight Partisan Bill (Democrat 12-4)

Status: (Passed) 2015-08-11 - Public Act . . . . . . . . . 99-0349 [SB1335 Detail]

Download: Illinois-2015-SB1335-Chaptered.html

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Public Act 099-0349
SB1335 Enrolled LRB099 07648 KTG 27779 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 Sections 7.8 and 7.14 as follows:
(325 ILCS 5/7.8) (from Ch. 23, par. 2057.8)
Sec. 7.8. Upon receiving an oral or written report of
suspected child abuse or neglect, the Department shall
immediately notify, either orally or electronically, the Child
Protective Service Unit of a previous report concerning a
subject of the present report or other pertinent information.
In addition, upon satisfactory identification procedures, to
be established by Department regulation, any person authorized
to have access to records under Section 11.1 relating to child
abuse and neglect may request and shall be immediately provided
the information requested in accordance with this Act. However,
no information shall be released unless it prominently states
the report is "indicated", and only information from
"indicated" reports shall be released, except that information
concerning pending reports may be released pursuant to Sections
7.14 and 7.22 of this Act to the attorney or guardian ad litem
appointed under Section 2-17 of the Juvenile Court Act of 1987
and to any person authorized under paragraphs (1), (2), (3) and

(11) of Section 11.1. In addition, State's Attorneys are
authorized to receive unfounded reports (i) for prosecution
purposes related to the transmission of false reports of child
abuse or neglect in violation of subsection (a), paragraph (7)
of Section 26-1 of the Criminal Code of 2012 or (ii) for the
purposes of screening and prosecuting a petition filed under
Article II of the Juvenile Court Act of 1987 alleging a
subsequent allegation of abuse or neglect relating to the same
child, a sibling of the child, or the same perpetrator; the
parties to the proceedings filed under Article II of the
Juvenile Court Act of 1987 are entitled to receive copies of
previously unfounded reports regarding the same child, a
sibling of the child, or the same perpetrator for purposes of
hearings under Sections 2-10 and 2-21 of the Juvenile Court Act
of 1987, and attorneys and guardians ad litem appointed under
Article II of the Juvenile Court Act of 1987 shall receive the
reports set forth in Section 7.14 of this Act in conformance
with paragraph (19) of Section 11.1 and Section 7.14 of this
Act. The names and other identifying data and the dates and the
circumstances of any persons requesting or receiving
information from the central register shall be entered in the
register record.
(Source: P.A. 97-1150, eff. 1-25-13; 98-807, eff. 8-1-14;
revised 11-25-14.)
(325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)

Sec. 7.14. All reports in the central register shall be
classified in one of three categories: "indicated",
"unfounded" or "undetermined", as the case may be. Prior to
classifying the report, the person making the classification
shall determine whether the child named in the report is the
subject of an action under Article II of the Juvenile Court Act
of 1987. If the child is the subject of an action under Article
II of the Juvenile Court Act of 1987 and the Department intends
to classify the report as indicated, the Department shall,
within 45 days of classification of the report, transmit a copy
of the report to the attorney or guardian ad litem appointed
for the child under Section 2-17 of the Juvenile Court Act of
1987. If the child is the subject of an action under Article II
of the Juvenile Court Act of 1987 and the Department intends to
classify the report as unfounded, the Department shall, within
45 days of deciding its intent to classify the report as
unfounded, transmit a copy of the report and written notice of
the Department's intent to the attorney or guardian ad litem
appointed for the child under Section 2-17 of the Juvenile
Court Act of 1987. All information identifying the subjects of
an unfounded report shall be expunged from the register
forthwith, except as provided in Section 7.7. Unfounded reports
may only be made available to the Child Protective Service Unit
when investigating a subsequent report of suspected abuse or
maltreatment involving a child named in the unfounded report;
and to the subject of the report, provided the Department has

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

molestation of a child, sexual exploitation of a child, torture
of a child, or the death of a child, as defined by the
Department in rules, shall be retained for a period of not less
than 50 years after the report is indicated or after the
subsequent case or report is closed.
For purposes of this Section "child" includes an adult
resident as defined in this Act.
(Source: P.A. 97-333, eff. 8-12-11; 98-453, eff. 8-16-13;
98-807, eff. 8-1-14; revised 11-25-14.)