Illinois Compiled Statutes 325 ILCS 5/11.1a – Disclosure of information
Current as of: 2024 | Check for updates
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(a) The Director or a person designated in writing by the Director for this purpose may disclose information regarding the abuse or neglect of a child as set forth in this Section, the investigation thereof, and any services related thereto, if the Director or a person designated in writing by the Director determines that such disclosure is not contrary to the best interests of the child, the child’s siblings, or other children in the household, and one of the following factors are present:
(1) The subject of the report has been criminally
(1) The subject of the report has been criminally
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charged with committing a crime related to the child abuse or neglect report; or
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(2) A law enforcement agency or official, a State‘s
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Attorney, or a judge of the State court system has publicly disclosed in a report as part of the law enforcement agency’s or official’s, the State’s Attorney’s, or the judge’s official duty, information regarding the investigation of a report or the provision of services by the Department; or
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(3) An adult subject of the report has knowingly and
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voluntarily made a public disclosure concerning a Child Abuse and Neglect Tracking System report; or
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(4) The child named in the report has been critically
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injured or died.
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(b) Information may be disclosed pursuant to this Section as follows:
(1) The name of the alleged abused or neglected child.
(2) The current status of the investigation,
Terms Used In Illinois Compiled Statutes 325 ILCS 5/11.1a
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
(1) The name of the alleged abused or neglected child.
(2) The current status of the investigation,
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including whether a determination of credible evidence has been made.
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(3) Identification of child protective or other
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services provided or actions taken regarding the child named in the report and the child’s family as a result of this report.
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(4) Whether there have been past reports of child
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abuse or neglect involving this child or family, or both. Any such reports shall be clearly identified as being “Indicated”, “Unfounded”, or “Pending”.
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(5) Whether the Department has a current or past open
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service case with the family, and a history of what types of services have been, or are being, provided.
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(6) Any extraordinary or pertinent information
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concerning the circumstances of the report, if the Director determines such disclosure is consistent with the public interest.
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(c) Any disclosure of information pursuant to this Section shall not identify the name of or provide identifying information regarding the source of the report.
(d) In determining pursuant to subsection (a) of this Section, whether disclosure will be contrary to the best interests of the child, the child’s siblings, or other children in the household, the Director shall consider the interest in privacy of the child and the child’s family and the effects which disclosure may have on efforts to reunite and provide services to the family.
(e) Except as it applies directly to the cause of the abuse or neglect of the child, nothing in this Section shall be deemed to authorize the release or disclosure of the substance or content of any psychological, psychiatric, therapeutic, clinical, or medical reports, evaluations, or like materials pertaining to the child or the child’s family. Prior to the release or disclosure of any psychological, psychiatric, or therapeutic reports pursuant to this subsection, the Deputy Director of Clinical Services shall review such materials and make recommendations regarding its release. Any disclosure of information pursuant to this Section shall not identify the health care provider, health care facility or other maker of the report or source of any psychological, psychiatric, therapeutic, clinical, or medical reports, evaluations, or like materials.
(f) Regarding child abuse or neglect reports which occur at a facility licensed by the Department of Children and Family Services, only the following information may be disclosed or released:
(1) The name of the facility.
(2) The nature of the allegations of abuse or neglect.
(3) The number and ages of child victims involved,
(d) In determining pursuant to subsection (a) of this Section, whether disclosure will be contrary to the best interests of the child, the child’s siblings, or other children in the household, the Director shall consider the interest in privacy of the child and the child’s family and the effects which disclosure may have on efforts to reunite and provide services to the family.
(e) Except as it applies directly to the cause of the abuse or neglect of the child, nothing in this Section shall be deemed to authorize the release or disclosure of the substance or content of any psychological, psychiatric, therapeutic, clinical, or medical reports, evaluations, or like materials pertaining to the child or the child’s family. Prior to the release or disclosure of any psychological, psychiatric, or therapeutic reports pursuant to this subsection, the Deputy Director of Clinical Services shall review such materials and make recommendations regarding its release. Any disclosure of information pursuant to this Section shall not identify the health care provider, health care facility or other maker of the report or source of any psychological, psychiatric, therapeutic, clinical, or medical reports, evaluations, or like materials.
(f) Regarding child abuse or neglect reports which occur at a facility licensed by the Department of Children and Family Services, only the following information may be disclosed or released:
(1) The name of the facility.
(2) The nature of the allegations of abuse or neglect.
(3) The number and ages of child victims involved,
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and their relationship to the perpetrator.
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(4) Actions the Department has taken to ensure the
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safety of the children during and subsequent to the investigation.
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(5) The final finding status of the investigation.