Bill Text: IL HB3261 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to implement a differential response program. Provides that under the program, upon receiving a report of suspected child abuse or neglect the Department shall determine whether to conduct a family assessment or an investigation as appropriate to prevent or provide a remedy for child abuse or neglect. Provides that any report that does not involve an allegation of physical or sexual abuse shall be eligible for referral to the differential response program, specifically child maltreatment reports that only allege inadequate supervision of a child or conditions that create an injurious environment to a child. Provides that no family shall be deemed ineligible for participation in the differential response program based upon a prior report of abuse or neglect involving any member of the family. Provides that under the program, the Department shall only conduct a formal child abuse or neglect investigation on reports involving substantial child abuse or neglect. Provides that the Department shall document the outcome of a family assessment, but shall not report the case to the central register. Requires the Department to offer families who participate in a family assessment in-home services provided under the Intact Family Services program and Norman Emergency Cash Assistance and Housing Locator Services, if applicable. Provides that a family has the option of declining the services offered; and that if the family declines the services, the case shall be closed unless the Department determines that sufficient cause exists to begin an investigation. Amends the Department of Human Services Act. Requires the Department of Human Services to establish and administer a direct cash assistance program for youth 18 years of age and older but younger than 24 who are experiencing or are at risk of experiencing homelessness. Provides that under the program, eligible individuals shall receive a monthly direct cash amount of no less than $1,100 for up to 2 years.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-05-19 - Rule 19(a) / Re-referred to Rules Committee [HB3261 Detail]

Download: Illinois-2023-HB3261-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3261

Introduced , by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:
20 ILCS 1305/1-85 new
325 ILCS 5/7.4 from Ch. 23, par. 2057.4
325 ILCS 5/7.7 from Ch. 23, par. 2057.7
325 ILCS 5/7.10 from Ch. 23, par. 2057.10
325 ILCS 5/7.15 from Ch. 23, par. 2057.15

Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to implement a differential response program. Provides that under the program, upon receiving a report of suspected child abuse or neglect the Department shall determine whether to conduct a family assessment or an investigation as appropriate to prevent or provide a remedy for child abuse or neglect. Provides that any report that does not involve an allegation of physical or sexual abuse shall be eligible for referral to the differential response program, specifically child maltreatment reports that only allege inadequate supervision of a child or conditions that create an injurious environment to a child. Provides that no family shall be deemed ineligible for participation in the differential response program based upon a prior report of abuse or neglect involving any member of the family. Provides that under the program, the Department shall only conduct a formal child abuse or neglect investigation on reports involving substantial child abuse or neglect. Provides that the Department shall document the outcome of a family assessment, but shall not report the case to the central register. Requires the Department to offer families who participate in a family assessment in-home services provided under the Intact Family Services program and Norman Emergency Cash Assistance and Housing Locator Services, if applicable. Provides that a family has the option of declining the services offered; and that if the family declines the services, the case shall be closed unless the Department determines that sufficient cause exists to begin an investigation. Amends the Department of Human Services Act. Requires the Department of Human Services to establish and administer a direct cash assistance program for youth 18 years of age and older but younger than 24 who are experiencing or are at risk of experiencing homelessness. Provides that under the program, eligible individuals shall receive a monthly direct cash amount of no less than $1,100 for up to 2 years.
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A BILL FOR

HB3261LRB103 05254 KTG 50272 b
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 Department of Human Services Act is amended
5by adding Section 1-85 as follows:
6 (20 ILCS 1305/1-85 new)
7 Sec. 1-85. Direct cash assistance program for homeless
8youth. The Department of Human Services shall establish and
9administer a direct cash assistance program for youth 18 years
10of age and older but younger than 24 who are experiencing or
11are at risk of experiencing homelessness. Under the program,
12eligible individuals shall receive a monthly direct cash
13amount of no less than $1,100 for up to 2 years. The direct
14cash assistance provided under the program shall not be
15considered income for purposes of determining eligibility or
16the amount of assistance for any public aid benefit provided
17under State or, subject to federal approval, federal law. The
18Department shall adopt any rules necessary to implement the
19program.
20 Section 10. The Abused and Neglected Child Reporting Act
21is amended by changing Sections 7.4, 7.7, 7.10, 7.15 as
22follows:

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1 (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
2 Sec. 7.4. (a) The Department shall be capable of receiving
3reports of suspected child abuse or neglect 24 hours a day, 7
4days a week. Whenever the Department receives a report
5alleging that a child is a truant as defined in Section 26-2a
6of the School Code, as now or hereafter amended, the
7Department shall notify the superintendent of the school
8district in which the child resides and the appropriate
9superintendent of the educational service region. The
10notification to the appropriate officials by the Department
11shall not be considered an allegation of abuse or neglect
12under this Act.
13 (a-5) The Department of Children and Family Services shall
14may implement a "differential response program" in accordance
15with criteria, standards, and procedures prescribed by rule.
16Under the program, The program may provide that, upon
17receiving a report of suspected child abuse or neglect, the
18Department shall determine whether to conduct a family
19assessment or an investigation as appropriate to prevent or
20provide a remedy for child abuse or neglect. Notwithstanding
21any other provision of this Act, any report that does not
22involve an allegation of physical or sexual abuse shall be
23eligible for referral to the differential response program,
24specifically child maltreatment reports that only allege
25inadequate supervision of a child or conditions that create an

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1injurious environment to a child. No family shall be deemed
2ineligible for participation in the differential response
3program based upon a prior report of abuse or neglect
4involving any member of the family.
5 For purposes of this subsection (a-5), "family assessment"
6means a comprehensive assessment of child safety, risk of
7subsequent child maltreatment, and family strengths and needs
8that is applied to a child maltreatment report that does not
9allege substantial child endangerment as defined in this
10subsection. "Family assessment" does not include or result in
11a determination as to whether child maltreatment occurred but
12does determine the need for services to address the safety of
13family members and the risk of subsequent maltreatment.
14 For purposes of this subsection (a-5), "investigation"
15means fact-gathering related to the current safety of a child
16and the risk of subsequent abuse or neglect that determines
17whether a report of suspected child abuse or neglect should be
18indicated or unfounded and whether child protective services
19are needed.
20 For purposes of this subsection (a-5), "substantial child
21endangerment" includes conduct by an adult involving or
22resulting in sexual abuse, and conduct by a person responsible
23for a child's welfare involving or resulting in abandonment,
24child fatality, malicious punishment, or abuse or neglect that
25causes serious physical injury.
26 Under the "differential response program" implemented

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1under this subsection (a-5), the Department:
2 (1) Shall only conduct an investigation as provided in
3 subsection (b) on reports involving substantial child
4 abuse or neglect.
5 (2) Shall begin an immediate investigation as provided
6 in subsection (b) if, at any time when it is using a family
7 assessment response, it determines that there is reason to
8 believe that substantial child abuse or neglect or a
9 serious threat to the child's safety exists.
10 (3) Shall May conduct a family assessment for reports
11 that do not allege substantial child endangerment,
12 including child maltreatment reports that only allege
13 inadequate supervision of a child or conditions that
14 create an injurious environment to a child. In determining
15 that a family assessment is appropriate, the Department
16 may consider issues, including, but not limited to, child
17 safety, parental cooperation, and the need for an
18 immediate response.
19 (4) Shall promulgate criteria, standards, and
20 procedures that shall be applied in making its this
21 determination as to whether a family assessment or
22 investigation is appropriate, taking into consideration
23 the Child Endangerment Risk Assessment Protocol of the
24 Department.
25 (5) May conduct a family assessment on a report that
26 was initially screened and assigned for an investigation.

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1 In determining that a complete investigation is not
2required, the Department must document the reason for
3terminating the investigation and notify the local law
4enforcement agency or the Illinois State Police if the local
5law enforcement agency or Illinois State Police is conducting
6a joint investigation.
7 Once it is determined that a "family assessment" will be
8implemented, the case shall not be reported to the central
9register of abuse and neglect reports. However, the Department
10shall document the outcome of the assessment.
11 During a family assessment, the Department shall collect
12any available and relevant information to determine child
13safety, risk of subsequent abuse or neglect, and family
14strengths.
15 Information collected includes, but is not limited to,
16when relevant: information with regard to the person reporting
17the alleged abuse or neglect, including the nature of the
18reporter's relationship to the child and to the alleged
19offender, and the basis of the reporter's knowledge for the
20report; the child allegedly being abused or neglected; the
21alleged offender; the child's caretaker; and other collateral
22sources having relevant information related to the alleged
23abuse or neglect. Information relevant to the assessment must
24be asked for, and may include:
25 (A) The child's sex and age, prior reports of abuse or
26 neglect, information relating to developmental

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1 functioning, credibility of the child's statement, and
2 whether the information provided under this paragraph (A)
3 is consistent with other information collected during the
4 course of the assessment or investigation.
5 (B) The alleged offender's age, a record check for
6 prior reports of abuse or neglect, and criminal charges
7 and convictions. The alleged offender may submit
8 supporting documentation relevant to the assessment.
9 (C) Collateral source information regarding the
10 alleged abuse or neglect and care of the child. Collateral
11 information includes, when relevant: (i) a medical
12 examination of the child; (ii) prior medical records
13 relating to the alleged maltreatment or care of the child
14 maintained by any facility, clinic, or health care
15 professional, and an interview with the treating
16 professionals; and (iii) interviews with the child's
17 caretakers, including the child's parent, guardian, foster
18 parent, child care provider, teachers, counselors, family
19 members, relatives, and other persons who may have
20 knowledge regarding the alleged maltreatment and the care
21 of the child.
22 (D) Information on the existence of domestic abuse and
23 violence in the home of the child, and substance abuse.
24 Nothing in this subsection (a-5) precludes the Department
25from collecting other relevant information necessary to
26conduct the assessment or investigation. Nothing in this

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1subsection (a-5) shall be construed to allow the name or
2identity of a reporter to be disclosed in violation of the
3protections afforded under Section 7.19 of this Act.
4 A family assessment conducted by the Department in
5accordance with this subsection shall be completed within 45
6days. Upon written justification by the Department, the
7assessment may be extended, not to exceed a total of 60 days.
8 After conducting the family assessment, the Department
9shall determine whether services are needed to address the
10safety of the child and other family members and the risk of
11subsequent abuse or neglect.
12 Upon completion of the family assessment, if the
13Department concludes that no services shall be offered, then
14the case shall be closed. If the Department concludes that
15services shall be offered, the Department shall develop a
16family preservation plan and offer or refer services to the
17family. A family in need of services shall, at a minimum, be
18offered in-home services provided under the Intact Family
19Services program, including counseling, domestic violence
20prevention, substance abuse treatment, mental health
21treatment, parenting coaching or classes, and housing. The
22Department must also provide Norman Emergency Cash Assistance
23and Housing Locator Services to a family who has one or more
24children who are in danger of coming into the Department's
25care due to a lack of food, clothing, housing, or other basic
26human needs. Under the Norman Services program, the family

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1shall receive:
2 (i) direct emergency cash assistance to purchase items
3 needed to care for the children that the family cannot
4 afford to purchase;
5 (ii) housing locator services, if applicable; and
6 (iii) assistance with filing an application for
7 Temporary Assistance for Needy Families (TANF) benefits
8 provided under Article IV of the Illinois Public Aid Code.
9 A family has the option of declining any services offered
10as a result of the assessment. If the family declines the
11services, the case shall be closed unless the Department
12determines that sufficient cause exists to begin an
13investigation as provided in subsection (b) or to request the
14State's Attorney file a petition in accordance with Article II
15of the Juvenile Court Act of 1987 alleging the child is abused
16or neglected. In no instance shall a case be investigated
17solely because the family declines services.
18 At any time during a family assessment, if the Department
19believes there is any reason to stop the assessment and
20conduct an investigation based on the information discovered,
21the Department shall do so.
22 The procedures available to the Department in conducting
23investigations under this Act shall be followed as appropriate
24during a family assessment.
25 The If the Department implements a differential response
26program authorized under this subsection (a-5), the Department

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1shall arrange for an independent evaluation of the program for
2at least the first 3 years of implementation to determine
3whether it is meeting the goals in accordance with Section 2 of
4this Act.
5 The Department may adopt administrative rules necessary
6for the execution of this Section, in accordance with Section
74 of the Children and Family Services Act.
8 The Department shall submit a report to the General
9Assembly by January 15, 2018 on the implementation progress
10and recommendations for additional needed legislative changes.
11 (b)(1) The following procedures shall be followed in the
12investigation of all reports of suspected abuse or neglect of
13a child, except as provided in subsection (c) of this Section.
14 (2) If, during a family assessment authorized by
15subsection (a-5) or an investigation, it appears that the
16immediate safety or well-being of a child is endangered, that
17the family may flee or the child disappear, or that the facts
18otherwise so warrant, the Child Protective Service Unit shall
19commence an investigation immediately, regardless of the time
20of day or night. All other investigations shall be commenced
21within 24 hours of receipt of the report. Upon receipt of a
22report, the Child Protective Service Unit shall conduct a
23family assessment authorized by subsection (a-5) or begin an
24initial investigation and make an initial determination
25whether the report is a good faith indication of alleged child
26abuse or neglect.

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1 (3) Based on an initial investigation, if the Unit
2determines the report is a good faith indication of alleged
3child abuse or neglect, then a formal investigation shall
4commence and, pursuant to Section 7.12 of this Act, may or may
5not result in an indicated report. The formal investigation
6shall include: direct contact with the subject or subjects of
7the report as soon as possible after the report is received; an
8evaluation of the environment of the child named in the report
9and any other children in the same environment; a
10determination of the risk to such children if they continue to
11remain in the existing environments, as well as a
12determination of the nature, extent and cause of any condition
13enumerated in such report; the name, age and condition of
14other children in the environment; and an evaluation as to
15whether there would be an immediate and urgent necessity to
16remove the child from the environment if appropriate family
17preservation services were provided. After seeing to the
18safety of the child or children, the Department shall
19forthwith notify the subjects of the report in writing, of the
20existence of the report and their rights existing under this
21Act in regard to amendment or expungement. To fulfill the
22requirements of this Section, the Child Protective Service
23Unit shall have the capability of providing or arranging for
24comprehensive emergency services to children and families at
25all times of the day or night.
26 (4) If (i) at the conclusion of the Unit's initial

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1investigation of a report, the Unit determines the report to
2be a good faith indication of alleged child abuse or neglect
3that warrants a formal investigation by the Unit, the
4Department, any law enforcement agency or any other
5responsible agency and (ii) the person who is alleged to have
6caused the abuse or neglect is employed or otherwise engaged
7in an activity resulting in frequent contact with children and
8the alleged abuse or neglect are in the course of such
9employment or activity, then the Department shall, except in
10investigations where the Director determines that such
11notification would be detrimental to the Department's
12investigation, inform the appropriate supervisor or
13administrator of that employment or activity that the Unit has
14commenced a formal investigation pursuant to this Act, which
15may or may not result in an indicated report. The Department
16shall also notify the person being investigated, unless the
17Director determines that such notification would be
18detrimental to the Department's investigation.
19 (c) In an investigation of a report of suspected abuse or
20neglect of a child by a school employee at a school or on
21school grounds, the Department shall make reasonable efforts
22to follow the following procedures:
23 (1) Investigations involving teachers shall not, to
24 the extent possible, be conducted when the teacher is
25 scheduled to conduct classes. Investigations involving
26 other school employees shall be conducted so as to

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1 minimize disruption of the school day. The school employee
2 accused of child abuse or neglect may have his superior,
3 his association or union representative and his attorney
4 present at any interview or meeting at which the teacher
5 or administrator is present. The accused school employee
6 shall be informed by a representative of the Department,
7 at any interview or meeting, of the accused school
8 employee's due process rights and of the steps in the
9 investigation process. These due process rights shall also
10 include the right of the school employee to present
11 countervailing evidence regarding the accusations. In an
12 investigation in which the alleged perpetrator of abuse or
13 neglect is a school employee, including, but not limited
14 to, a school teacher or administrator, and the
15 recommendation is to determine the report to be indicated,
16 in addition to other procedures as set forth and defined
17 in Department rules and procedures, the employee's due
18 process rights shall also include: (i) the right to a copy
19 of the investigation summary; (ii) the right to review the
20 specific allegations which gave rise to the investigation;
21 and (iii) the right to an administrator's teleconference
22 which shall be convened to provide the school employee
23 with the opportunity to present documentary evidence or
24 other information that supports his or her position and to
25 provide information before a final finding is entered.
26 (2) If a report of neglect or abuse of a child by a

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1 teacher or administrator does not involve allegations of
2 sexual abuse or extreme physical abuse, the Child
3 Protective Service Unit shall make reasonable efforts to
4 conduct the initial investigation in coordination with the
5 employee's supervisor.
6 If the Unit determines that the report is a good faith
7 indication of potential child abuse or neglect, it shall
8 then commence a formal investigation under paragraph (3)
9 of subsection (b) of this Section.
10 (3) If a report of neglect or abuse of a child by a
11 teacher or administrator involves an allegation of sexual
12 abuse or extreme physical abuse, the Child Protective Unit
13 shall commence an investigation under paragraph (2) of
14 subsection (b) of this Section.
15 (c-5) In any instance in which a report is made or caused
16to made by a school district employee involving the conduct of
17a person employed by the school district, at the time the
18report was made, as required under Section 4 of this Act, the
19Child Protective Service Unit shall send a copy of its final
20finding report to the general superintendent of that school
21district.
22 (c-10) The Department may recommend that a school district
23remove a school employee who is the subject of an
24investigation from his or her employment position pending the
25outcome of the investigation; however, all employment
26decisions regarding school personnel shall be the sole

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1responsibility of the school district or employer. The
2Department may not require a school district to remove a
3school employee from his or her employment position or limit
4the school employee's duties pending the outcome of an
5investigation.
6 (d) If the Department has contact with an employer, or
7with a religious institution or religious official having
8supervisory or hierarchical authority over a member of the
9clergy accused of the abuse of a child, in the course of its
10investigation, the Department shall notify the employer or the
11religious institution or religious official, in writing, when
12a report is unfounded so that any record of the investigation
13can be expunged from the employee's or member of the clergy's
14personnel or other records. The Department shall also notify
15the employee or the member of the clergy, in writing, that
16notification has been sent to the employer or to the
17appropriate religious institution or religious official
18informing the employer or religious institution or religious
19official that the Department's investigation has resulted in
20an unfounded report.
21 (d-1) Whenever a report alleges that a child was abused or
22neglected while receiving care in a hospital, including a
23freestanding psychiatric hospital licensed by the Department
24of Public Health, the Department shall send a copy of its final
25finding to the Director of Public Health and the Director of
26Healthcare and Family Services.

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1 (e) Upon request by the Department, the Illinois State
2Police and law enforcement agencies are authorized to provide
3criminal history record information as defined in the Illinois
4Uniform Conviction Information Act and information maintained
5in the adjudicatory and dispositional record system as defined
6in Section 2605-355 of the Illinois State Police Law to
7properly designated employees of the Department of Children
8and Family Services if the Department determines the
9information is necessary to perform its duties under the
10Abused and Neglected Child Reporting Act, the Child Care Act
11of 1969, and the Children and Family Services Act. The request
12shall be in the form and manner required by the Illinois State
13Police. Any information obtained by the Department of Children
14and Family Services under this Section is confidential and may
15not be transmitted outside the Department of Children and
16Family Services other than to a court of competent
17jurisdiction or unless otherwise authorized by law. Any
18employee of the Department of Children and Family Services who
19transmits confidential information in violation of this
20Section or causes the information to be transmitted in
21violation of this Section is guilty of a Class A misdemeanor
22unless the transmittal of the information is authorized by
23this Section or otherwise authorized by law.
24 (f) For purposes of this Section, "child abuse or neglect"
25includes abuse or neglect of an adult resident as defined in
26this Act.

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1(Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)
2 (325 ILCS 5/7.7) (from Ch. 23, par. 2057.7)
3 Sec. 7.7. There shall be a central register of all cases of
4suspected child abuse or neglect reported and maintained by
5the Department under this Act, but not including any family
6assessment cases in which the Department determines that no
7formal investigation is needed as provided in subsection (a-5)
8of Section 7.4. Through the recording of initial, preliminary,
9and final reports, the central register shall be operated in
10such a manner as to enable the Department to: (1) immediately
11identify and locate prior reports of child abuse or neglect;
12(2) continuously monitor the current status of all reports of
13child abuse or neglect being provided services under this Act;
14and (3) regularly evaluate the effectiveness of existing laws
15and programs through the development and analysis of
16statistical and other information.
17 The Department shall maintain in the central register a
18listing of unfounded reports where the subject of the
19unfounded report requests that the record not be expunged
20because the subject alleges an intentional false report was
21made. Such a request must be made by the subject in writing to
22the Department, within 10 days of the investigation. By
23January 1, 2014, the Department shall promulgate rules
24establishing criteria and standards for labeling an unfounded
25report as an intentional false report in the central register.

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1The rules shall permit the reporter to submit a statement
2regarding the report unless the reporter has been convicted of
3knowingly transmitting a false report to the Department under
4paragraph (7) of subsection (a) of Section 26-1 of the
5Criminal Code of 2012.
6 The Department shall also maintain in the central register
7a listing of unfounded reports where the report was classified
8as a priority one or priority two report in accordance with the
9Department's rules or the report was made by a person mandated
10to report suspected abuse or neglect under this Act.
11 The Department shall maintain in the central register all
12unfounded reports for a minimum of 5 years following the date
13of the final finding.
14 If an individual is the subject of a subsequent
15investigation that is pending, the Department shall maintain
16all prior unfounded reports pertaining to that individual
17until the pending investigation has been completed or for 5
18years, whichever time period ends later.
19 For purposes of this Section "child abuse or neglect"
20includes abuse or neglect of an adult resident as defined in
21this Act.
22(Source: P.A. 100-697, eff. 1-1-19.)
23 (325 ILCS 5/7.10) (from Ch. 23, par. 2057.10)
24 Sec. 7.10. Upon the receipt of each oral report made under
25this Act, the Child Protective Service Unit shall immediately

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1transmit a copy thereof to the state central register of child
2abuse and neglect. However, no oral report that only alleges
3inadequate supervision of a child or conditions that create an
4injurious environment to a child shall be reported to the
5state central register, but shall instead be documented in an
6alternative manner as prescribed by the Department by rule. A
7preliminary report from a Child Protective Service Unit shall
8be made at the time of the first of any 30-day extensions made
9pursuant to Section 7.12 and shall describe the status of the
10related investigation up to that time, including an evaluation
11of the present family situation and danger to the child or
12children, corrections or up-dating of the initial report, and
13actions taken or contemplated.
14 For purposes of this Section "child" includes an adult
15resident as defined in this Act.
16(Source: P.A. 96-1446, eff. 8-20-10.)
17 (325 ILCS 5/7.15) (from Ch. 23, par. 2057.15)
18 Sec. 7.15. The central register may contain such other
19information which the Department determines to be in
20furtherance of the purposes of this Act, but shall not contain
21any information regarding a family assessment case in which
22the Department determined that no formal investigation was
23needed as provided in subsection (a-5) of Section 7.4.
24Pursuant to the provisions of Sections 7.14 and 7.16, the
25Department may amend or remove from the central register

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1appropriate records upon good cause shown and upon notice to
2the subjects of the report and the Child Protective Service
3Unit.
4(Source: P.A. 90-15, eff. 6-13-97.)
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