Bill Amendment: IL SB0378 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CHILDREN-TECH
Status: 2024-05-22 - Added Alternate Co-Sponsor Rep. Amy L. Grant [SB0378 Detail]
Download: Illinois-2023-SB0378-Senate_Amendment_001.html
Bill Title: CHILDREN-TECH
Status: 2024-05-22 - Added Alternate Co-Sponsor Rep. Amy L. Grant [SB0378 Detail]
Download: Illinois-2023-SB0378-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 378 | ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 378 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Abused and Neglected Child Reporting Act | ||||||
5 | is amended by changing Section 7.4 as follows:
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6 | (325 ILCS 5/7.4) | ||||||
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 | ||||||
10 | alleging that a child is a truant as defined in Section 26-2a | ||||||
11 | of the School Code, as now or hereafter amended, the | ||||||
12 | Department shall notify the superintendent of the school | ||||||
13 | district in which the child resides and the appropriate | ||||||
14 | superintendent of the educational service region. The | ||||||
15 | notification to the appropriate officials by the Department | ||||||
16 | shall not be considered an allegation of abuse or neglect |
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1 | under this Act. | ||||||
2 | (a-5) The Department of Children and Family Services may | ||||||
3 | implement a "differential response program" in accordance with | ||||||
4 | criteria, standards, and procedures prescribed by rule. The | ||||||
5 | program may provide that, upon receiving a report, the | ||||||
6 | Department shall determine whether to conduct a family | ||||||
7 | assessment or an investigation as appropriate to prevent or | ||||||
8 | provide a remedy for child abuse or neglect. | ||||||
9 | For purposes of this subsection (a-5), "family assessment" | ||||||
10 | means a comprehensive assessment of child safety, risk of | ||||||
11 | subsequent child maltreatment, and family strengths and needs | ||||||
12 | that is applied to a child maltreatment report that does not | ||||||
13 | allege substantial child endangerment. "Family assessment" | ||||||
14 | does not include a determination as to whether child | ||||||
15 | maltreatment occurred but does determine the need for services | ||||||
16 | to address the safety of family members and the risk of | ||||||
17 | subsequent maltreatment. | ||||||
18 | For purposes of this subsection (a-5), "investigation" | ||||||
19 | means fact-gathering related to the current safety of a child | ||||||
20 | and the risk of subsequent abuse or neglect that determines | ||||||
21 | whether a report of suspected child abuse or neglect should be | ||||||
22 | indicated or unfounded and whether child protective services | ||||||
23 | are needed. | ||||||
24 | Under the "differential response program" implemented | ||||||
25 | under this subsection (a-5), the Department: | ||||||
26 | (1) Shall conduct an investigation on reports |
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1 | involving substantial child abuse or neglect. | ||||||
2 | (2) Shall begin an immediate investigation if, at any | ||||||
3 | time when it is using a family assessment response, it | ||||||
4 | determines that there is reason to believe that | ||||||
5 | substantial child abuse or neglect or a serious threat to | ||||||
6 | the child's safety exists. | ||||||
7 | (3) May conduct a family assessment for reports that | ||||||
8 | do not allege substantial child endangerment. In | ||||||
9 | determining that a family assessment is appropriate, the | ||||||
10 | Department may consider issues, including, but not limited | ||||||
11 | to, child safety, parental cooperation, and the need for | ||||||
12 | an immediate response. | ||||||
13 | (4) Shall promulgate criteria, standards, and | ||||||
14 | procedures that shall be applied in making this | ||||||
15 | determination, taking into consideration the Safety-Based | ||||||
16 | Child Welfare Intervention System of the Department. | ||||||
17 | (5) May conduct a family assessment on a report that | ||||||
18 | was initially screened and assigned for an investigation. | ||||||
19 | In determining that a complete investigation is not | ||||||
20 | required, the Department must document the reason for | ||||||
21 | terminating the investigation and notify the local law | ||||||
22 | enforcement agency or the Illinois State Police if the local | ||||||
23 | law enforcement agency or Illinois State Police is conducting | ||||||
24 | a joint investigation. | ||||||
25 | Once it is determined that a "family assessment" will be | ||||||
26 | implemented, the case shall not be reported to the central |
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1 | register of abuse and neglect reports. | ||||||
2 | During a family assessment, the Department shall collect | ||||||
3 | any available and relevant information to determine child | ||||||
4 | safety, risk of subsequent abuse or neglect, and family | ||||||
5 | strengths. | ||||||
6 | Information collected includes, but is not limited to, | ||||||
7 | when relevant: information with regard to the person reporting | ||||||
8 | the alleged abuse or neglect, including the nature of the | ||||||
9 | reporter's relationship to the child and to the alleged | ||||||
10 | offender, and the basis of the reporter's knowledge for the | ||||||
11 | report; the child allegedly being abused or neglected; the | ||||||
12 | alleged offender; the child's caretaker; and other collateral | ||||||
13 | sources having relevant information related to the alleged | ||||||
14 | abuse or neglect. Information relevant to the assessment must | ||||||
15 | be asked for, and may include: | ||||||
16 | (A) The child's sex and age, prior reports of abuse or | ||||||
17 | neglect, information relating to developmental | ||||||
18 | functioning, credibility of the child's statement, and | ||||||
19 | whether the information provided under this paragraph (A) | ||||||
20 | is consistent with other information collected during the | ||||||
21 | course of the assessment or investigation. | ||||||
22 | (B) The alleged offender's age, a record check for | ||||||
23 | prior reports of abuse or neglect, and criminal charges | ||||||
24 | and convictions. The alleged offender may submit | ||||||
25 | supporting documentation relevant to the assessment. | ||||||
26 | (C) Collateral source information regarding the |
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1 | alleged abuse or neglect and care of the child. Collateral | ||||||
2 | information includes, when relevant: (i) a medical | ||||||
3 | examination of the child; (ii) prior medical records | ||||||
4 | relating to the alleged maltreatment or care of the child | ||||||
5 | maintained by any facility, clinic, or health care | ||||||
6 | professional, and an interview with the treating | ||||||
7 | professionals; and (iii) interviews with the child's | ||||||
8 | caretakers, including the child's parent, guardian, foster | ||||||
9 | parent, child care provider, teachers, counselors, family | ||||||
10 | members, relatives, and other persons who may have | ||||||
11 | knowledge regarding the alleged maltreatment and the care | ||||||
12 | of the child. | ||||||
13 | (D) Information on the existence of domestic abuse and | ||||||
14 | violence in the home of the child, and substance abuse. | ||||||
15 | Nothing in this subsection (a-5) precludes the Department | ||||||
16 | from collecting other relevant information necessary to | ||||||
17 | conduct the assessment or investigation. Nothing in this | ||||||
18 | subsection (a-5) shall be construed to allow the name or | ||||||
19 | identity of a reporter to be disclosed in violation of the | ||||||
20 | protections afforded under Section 7.19 of this Act. | ||||||
21 | After conducting the family assessment, the Department | ||||||
22 | shall determine whether services are needed to address the | ||||||
23 | safety of the child and other family members and the risk of | ||||||
24 | subsequent abuse or neglect. | ||||||
25 | Upon completion of the family assessment, if the | ||||||
26 | Department concludes that no services shall be offered, then |
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1 | the case shall be closed. If the Department concludes that | ||||||
2 | services shall be offered, the Department shall develop a | ||||||
3 | family preservation plan and offer or refer services to the | ||||||
4 | family. | ||||||
5 | At any time during a family assessment, if the Department | ||||||
6 | believes there is any reason to stop the assessment and | ||||||
7 | conduct an investigation based on the information discovered, | ||||||
8 | the Department shall do so. | ||||||
9 | The procedures available to the Department in conducting | ||||||
10 | investigations under this Act shall be followed as appropriate | ||||||
11 | during a family assessment. | ||||||
12 | If the Department implements a differential response | ||||||
13 | program authorized under this subsection (a-5), the Department | ||||||
14 | shall arrange for an independent evaluation of the program for | ||||||
15 | at least the first 3 years of implementation to determine | ||||||
16 | whether it is meeting the goals in accordance with Section 2 of | ||||||
17 | this Act. | ||||||
18 | The Department may adopt administrative rules necessary | ||||||
19 | for the execution of this Section, in accordance with Section | ||||||
20 | 4 of the Children and Family Services Act. | ||||||
21 | The Department shall submit a report to the General | ||||||
22 | Assembly by January 15, 2018 on the implementation progress | ||||||
23 | and recommendations for additional needed legislative changes. | ||||||
24 | (b)(1) The following procedures shall be followed in the | ||||||
25 | investigation of all reports of suspected abuse or neglect of | ||||||
26 | a child, except as provided in subsection (c) of this Section. |
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1 | (2) If, during a family assessment authorized by | ||||||
2 | subsection (a-5) or an investigation, it appears that the | ||||||
3 | immediate safety or well-being of a child is endangered, that | ||||||
4 | the family may flee or the child disappear, or that the facts | ||||||
5 | otherwise so warrant, the Child Protective Service Unit shall | ||||||
6 | commence an investigation immediately, regardless of the time | ||||||
7 | of day or night. All other investigations shall be commenced | ||||||
8 | within 24 hours of receipt of the report. Upon receipt of a | ||||||
9 | report, the Child Protective Service Unit shall conduct a | ||||||
10 | family assessment authorized by subsection (a-5) or begin an | ||||||
11 | initial investigation and make an initial determination | ||||||
12 | whether the report is a good faith indication of alleged child | ||||||
13 | abuse or neglect. | ||||||
14 | (3) Based on an initial investigation, if the Unit | ||||||
15 | determines the report is a good faith indication of alleged | ||||||
16 | child abuse or neglect, then a formal investigation shall | ||||||
17 | commence and, pursuant to Section 7.12 of this Act, may or may | ||||||
18 | not result in an indicated report. The formal investigation | ||||||
19 | shall include: direct contact with the subject or subjects of | ||||||
20 | the report as soon as possible after the report is received; an | ||||||
21 | evaluation of the environment of the child named in the report | ||||||
22 | and any other children in the same environment; a | ||||||
23 | determination of the risk to such children if they continue to | ||||||
24 | remain in the existing environments, as well as a | ||||||
25 | determination of the nature, extent and cause of any condition | ||||||
26 | enumerated in such report; the name, age and condition of |
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1 | other children in the environment; and an evaluation as to | ||||||
2 | whether there would be an immediate and urgent necessity to | ||||||
3 | remove the child from the environment if appropriate family | ||||||
4 | preservation services were provided. After seeing to the | ||||||
5 | safety of the child or children, the Department shall | ||||||
6 | forthwith notify the subjects of the report in writing, of the | ||||||
7 | existence of the report and their rights existing under this | ||||||
8 | Act in regard to amendment or expungement. To fulfill the | ||||||
9 | requirements of this Section, the Child Protective Service | ||||||
10 | Unit shall have the capability of providing or arranging for | ||||||
11 | comprehensive emergency services to children and families at | ||||||
12 | all times of the day or night. | ||||||
13 | (4) If (i) at the conclusion of the Unit's initial | ||||||
14 | investigation of a report, the Unit determines the report to | ||||||
15 | be a good faith indication of alleged child abuse or neglect | ||||||
16 | that warrants a formal investigation by the Unit, the | ||||||
17 | Department, any law enforcement agency or any other | ||||||
18 | responsible agency and (ii) the person who is alleged to have | ||||||
19 | caused the abuse or neglect is employed or otherwise engaged | ||||||
20 | in an activity resulting in frequent contact with children and | ||||||
21 | the alleged abuse or neglect are in the course of such | ||||||
22 | employment or activity, then the Department shall, except in | ||||||
23 | investigations where the Director determines that such | ||||||
24 | notification would be detrimental to the Department's | ||||||
25 | investigation, inform the appropriate supervisor or | ||||||
26 | administrator of that employment or activity that the Unit has |
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1 | commenced a formal investigation pursuant to this Act, which | ||||||
2 | may or may not result in an indicated report. The Department | ||||||
3 | shall also notify the person being investigated, unless the | ||||||
4 | Director determines that such notification would be | ||||||
5 | detrimental to the Department's investigation. | ||||||
6 | (c) In an investigation of a report of suspected abuse or | ||||||
7 | neglect of a child by a school employee at a school or on | ||||||
8 | school grounds, the Department shall make reasonable efforts | ||||||
9 | to follow the following procedures: | ||||||
10 | (1) Investigations involving teachers shall not, to | ||||||
11 | the extent possible, be conducted when the teacher is | ||||||
12 | scheduled to conduct classes. Investigations involving | ||||||
13 | other school employees shall be conducted so as to | ||||||
14 | minimize disruption of the school day. The school employee | ||||||
15 | accused of child abuse or neglect may have the school | ||||||
16 | employee's superior, the school employee's association or | ||||||
17 | union representative , and the school employee's attorney | ||||||
18 | present at any interview or meeting at which the teacher | ||||||
19 | or administrator is present. The accused school employee | ||||||
20 | shall be informed by a representative of the Department, | ||||||
21 | at any interview or meeting, of the accused school | ||||||
22 | employee's due process rights and of the steps in the | ||||||
23 | investigation process. These due process rights shall also | ||||||
24 | include the right of the school employee to present | ||||||
25 | countervailing evidence regarding the accusations. In an | ||||||
26 | investigation in which the alleged perpetrator of abuse or |
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1 | neglect is a school employee, including, but not limited | ||||||
2 | to, a school teacher or administrator, and the | ||||||
3 | recommendation is to determine the report to be indicated, | ||||||
4 | in addition to other procedures as set forth and defined | ||||||
5 | in Department rules and procedures, the employee's due | ||||||
6 | process rights shall also include: (i) the right to a copy | ||||||
7 | of the investigation summary; (ii) the right to review the | ||||||
8 | specific allegations which gave rise to the investigation; | ||||||
9 | and (iii) the right to an administrator's teleconference | ||||||
10 | which shall be convened to provide the school employee | ||||||
11 | with the opportunity to present documentary evidence or | ||||||
12 | other information that supports the school employee's | ||||||
13 | position and to provide information before a final finding | ||||||
14 | is entered. | ||||||
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 | ||||||
20 | employee's supervisor. | ||||||
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) | ||||||
24 | of subsection (b) of this Section. | ||||||
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. | ||||||
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. | ||||||
11 | (c-10) The Department may recommend that a school district | ||||||
12 | remove a school employee who is the subject of an | ||||||
13 | investigation from the school employee's employment position | ||||||
14 | pending the outcome of the investigation; however, all | ||||||
15 | employment decisions regarding school personnel shall be the | ||||||
16 | sole responsibility of the school district or employer. The | ||||||
17 | Department may not require a school district to remove a | ||||||
18 | school employee from the school employee's employment position | ||||||
19 | or limit the school employee's duties pending the outcome of | ||||||
20 | an investigation. | ||||||
21 | (d) If the Department has contact with an employer, or | ||||||
22 | with a religious institution or religious official having | ||||||
23 | supervisory or hierarchical authority over a member of the | ||||||
24 | clergy accused of the abuse of a child, in the course of its | ||||||
25 | investigation, the Department shall notify the employer or the | ||||||
26 | religious institution or religious official, in writing, when |
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1 | a report is unfounded so that any record of the investigation | ||||||
2 | can be expunged from the employee's or member of the clergy's | ||||||
3 | personnel or other records. The Department shall also notify | ||||||
4 | the employee or the member of the clergy, in writing, that | ||||||
5 | notification has been sent to the employer or to the | ||||||
6 | appropriate religious institution or religious official | ||||||
7 | informing the employer or religious institution or religious | ||||||
8 | official that the Department's investigation has resulted in | ||||||
9 | an unfounded report. | ||||||
10 | (d-1) Whenever a report alleges that a child was abused or | ||||||
11 | neglected while receiving care in a hospital, including a | ||||||
12 | freestanding psychiatric hospital licensed by the Department | ||||||
13 | of Public Health, the Department shall send a copy of its final | ||||||
14 | finding to the Director of Public Health and the Director of | ||||||
15 | Healthcare and Family Services. | ||||||
16 | (d-1.5) For the purposes of this Section, "medical | ||||||
17 | professional" means any physician, nurse practitioner, | ||||||
18 | physician assistant, nurse, resident, or subspecialist who is | ||||||
19 | not part of the child's initial care team and whose | ||||||
20 | involvement is pursuant to any contract, memorandum of | ||||||
21 | understanding, or other agreement with the Department or an | ||||||
22 | entity that is accredited by statute to collaborate with the | ||||||
23 | Department for purposes of child abuse investigations. | ||||||
24 | (d-2) In any investigation involving a medical | ||||||
25 | professional conducted in accordance with this Act, the | ||||||
26 | following protections shall be provided to the parent or |
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1 | guardian of the child at the center of an investigation: | ||||||
2 | (1) The medical professional must explain to the | ||||||
3 | parent or guardian of the child, whenever the medical | ||||||
4 | professional has direct contact with the child or the | ||||||
5 | family of the child, that the medical professional is | ||||||
6 | involved for the purpose of providing an opinion to the | ||||||
7 | Department regarding whether the child's injury or | ||||||
8 | condition is suspicious for child maltreatment. The | ||||||
9 | medical professional must explain that he or she may be | ||||||
10 | required to communicate with law enforcement and provide | ||||||
11 | court testimony. The medical professional must also | ||||||
12 | provide the child's parent or guardian with accurate | ||||||
13 | information about his or her medical specialties. | ||||||
14 | (2) In any investigation where a medical professional | ||||||
15 | is providing a medical opinion to the Department, the | ||||||
16 | Department shall inform the parent or guardian of the | ||||||
17 | child at the center of an investigation: | ||||||
18 | (A) of his or her right to request and receive a | ||||||
19 | copy of the medical professional's opinion, including | ||||||
20 | the basis for the opinion, and a copy of any written | ||||||
21 | report the medical professional has provided to the | ||||||
22 | Department; | ||||||
23 | (B) of his or her right to obtain, at his or her | ||||||
24 | own expense, and submit to the Department a second | ||||||
25 | medical opinion for consideration in the investigation | ||||||
26 | at any time prior to the conclusion of the |
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1 | investigation; | ||||||
2 | (C) that any second medical opinion submitted to | ||||||
3 | the Department prior to the Department rendering a | ||||||
4 | final determination in the investigation will be | ||||||
5 | considered as inculpatory or exculpatory evidence; and | ||||||
6 | (D) of the Department's time frames for the | ||||||
7 | investigative process. | ||||||
8 | (d-3) The Department shall annually prepare and make | ||||||
9 | available on the Department's Reports and Statistics webpage a | ||||||
10 | report on the number of investigations in which a medical | ||||||
11 | professional has provided an opinion to the Department. The | ||||||
12 | report shall not contain any personally identifiable | ||||||
13 | information about a child referred, the family members of such | ||||||
14 | a child, or the medical professional. If the number of cases in | ||||||
15 | any category of information under items (4) through (9) of | ||||||
16 | this subsection is less than 10, the Department shall not | ||||||
17 | include that information in the report. The first report must | ||||||
18 | be posted within 9 months after the effective date of this | ||||||
19 | amendatory Act of the 103rd General Assembly. The first report | ||||||
20 | and each annual report thereafter shall contain the following | ||||||
21 | information regarding cases referred by the Department to a | ||||||
22 | medical professional: | ||||||
23 | (1) The total number of abuse or neglect cases in | ||||||
24 | which a medical professional has provided an opinion to | ||||||
25 | the Department, with separate line items for: | ||||||
26 | (A) the total number of abuse and neglect cases |
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1 | that the Department determined were indicated but were | ||||||
2 | appealed and the outcomes of those appeals, organized | ||||||
3 | as follows: | ||||||
4 | (i) first, by the total number of indicated | ||||||
5 | cases appealed via administrative appeal hearing | ||||||
6 | before an administrative law judge and the | ||||||
7 | outcomes of those hearings; and | ||||||
8 | (ii) second, by the total number of cases in | ||||||
9 | which an administrative law judge's affirmance of | ||||||
10 | the indicated findings was appealed to a court and | ||||||
11 | the outcomes of the court's findings; and | ||||||
12 | (B) the total number of abuse and neglect cases | ||||||
13 | that were indicated by the Department but indicated as | ||||||
14 | to an unknown perpetrator. | ||||||
15 | (2) The total number of abuse or neglect cases | ||||||
16 | referred by the Department to a medical professional that | ||||||
17 | the Department determined were unfounded. | ||||||
18 | (3) The total number of abuse or neglect cases | ||||||
19 | referred by the Department to a medical professional in | ||||||
20 | which a petition for adjudication of wardship was filed. | ||||||
21 | (4) The total number of abuse and neglect cases | ||||||
22 | referred by the Department to a medical professional under | ||||||
23 | paragraphs (1), (2), and (3) organized by abuse | ||||||
24 | allegation. | ||||||
25 | (5) The total number of abuse and neglect cases | ||||||
26 | referred by the Department to a medical professional under |
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1 | paragraphs (1), (2), and (3) organized by DCFS region. | ||||||
2 | (6) The total number of abuse and neglect cases | ||||||
3 | referred by the Department to a medical professional under | ||||||
4 | paragraphs (1), (2), and (3) organized by race of the | ||||||
5 | child. | ||||||
6 | (7) The total number of abuse and neglect cases | ||||||
7 | referred by the Department to a medical professional under | ||||||
8 | paragraphs (1), (2), and (3) organized by gender of the | ||||||
9 | child. | ||||||
10 | (8) The total number of abuse and neglect cases under | ||||||
11 | paragraphs (1), (2), and (3) involving children with | ||||||
12 | safety plans. | ||||||
13 | (9) The total number of abuse and neglect cases under | ||||||
14 | paragraphs (1), (2), and (3) where the child was put in | ||||||
15 | protective custody. | ||||||
16 | (e) Upon request by the Department, the Illinois State | ||||||
17 | Police and law enforcement agencies are authorized to provide | ||||||
18 | criminal history record information as defined in the Illinois | ||||||
19 | Uniform Conviction Information Act and information maintained | ||||||
20 | in the adjudicatory and dispositional record system as defined | ||||||
21 | in Section 2605-355 of the Illinois State Police Law to | ||||||
22 | properly designated employees of the Department of Children | ||||||
23 | and Family Services if the Department determines the | ||||||
24 | information is necessary to perform its duties under the | ||||||
25 | Abused and Neglected Child Reporting Act, the Child Care Act | ||||||
26 | of 1969, and the Children and Family Services Act. The request |
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