SB 1904

Abstract

Amends the Abused and Neglected Child Reporting Act. In provisions concerning persons authorized to have access to reports of child abuse or neglect, provides that State's Attorneys are authorized to receive unfounded reports for the purposes of screening and prosecuting court petitions making an allegation of abuse or neglect relating to the same child, a sibling of the child involving the same perpetrator, or a child or perpetrator in the same household as the child for whom the petition is being filed. Provides that parties to juvenile court proceedings are entitled to receive copies of unfounded reports regarding the same child, a sibling of the child, or a child or perpetrator in the same household as the child, including a household from which a child was removed or into which a child may be placed for purposes of certain types of juvenile court hearings. Amends the Juvenile Court Act of 1987. Requires the Department of Children and Family Services to notify parties of the final finding on a report of alleged abuse or neglect within 5 days after the Department classifies the report. Provides that a court shall not terminate wardship if there is a pending investigation involving any person acting in a caretaker role in the minor's household, unless the court makes written factual findings that, despite the pending investigation, there is no risk of abuse or neglect to the minor, that good cause exists to terminate wardship, and it is in the minor's best interest to terminate wardship. Effective upon becoming law, except some provisions take effect January 1, 2022. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Further amends the Abused and Neglected Child Reporting Act by providing that parties to juvenile court proceedings are entitled to receive copies of unfounded reports regarding the same child, a sibling of the child, the same perpetrator, or a child or perpetrator in the same household as the child for purposes of certain types of juvenile court hearings (rather than parties to juvenile court proceedings are entitled to receive copies of unfounded reports regarding the same child, a sibling of the child, or a child or perpetrator in the same household as the child, including a household from which a child was removed or into which a child may be placed, for purposes of certain types of juvenile court hearings). Makes revisions to language in the introduced bill concerning the admissibility of unfounded reports in certain judicial proceedings and hearings. Further amends the Juvenile Court Act of 1987. In a provision requiring the Department of Children and Family Services to notify parties of its final finding in an abuse or neglect report, requires the Department to notify the parties within 10 days (rather than 5 days) after the abuse or neglect report is classified by the Department. Removes language requiring the Department to provide the parties with copies of the abuse or neglect report. In a provision concerning the duration of wardship, provides that to terminate wardship, the court shall consider a pending investigation in accordance with the Abused and Neglected Child Reporting Act, if any, involving any person acting in a caretaker role in the minor's household, and make written factual findings that, despite the pending investigation, there is no risk of abuse or neglect to the minor, and it is in the minor's best interest to terminate wardship. Senate Floor Amendment No. 2 Deletes reference to: 705 ILCS 405/2-8.1 new 705 ILCS 405/2-31 from Ch. 37, par. 802-31 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Further amends the Abused and Neglected Child Reporting Act by providing that parties to juvenile court proceedings are entitled to receive copies of unfounded reports regarding the same child, a sibling of the child, the same perpetrator, or a child or perpetrator in the same household as the child for purposes of certain types of juvenile court hearings (rather than parties to juvenile court proceedings are entitled to receive copies of unfounded reports regarding the same child, a sibling of the child, or a child or perpetrator in the same household as the child, including a household from which a child was removed or into which a child may be placed, for purposes of certain types of juvenile court hearings). Makes revisions to language in the introduced bill concerning the admissibility of unfounded reports in certain judicial proceedings and hearings. Removes the amendatory changes made to the Juvenile Court Act of 1987 in the introduced bill. Changes the effective date to immediate.