Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 431 - CONFIDENTIALITY OF PERSONAL INFORMATION OF PERSONS SERVED BY THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES › Section 431.30 - Maintenance of Records

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
			 Department, through its institutions, facilities and various offices shall
			 maintain a record on all persons receiving services from the Department, either
			 directly or through the purchase of services, and on all persons for whom a
			 child abuse or neglect report has been indicated or unfounded, or for whom a
			 decision about the report has not yet been made. Upon request from the subjects
			 of the report, the Department may keep records of unfounded reports of child
			 abuse or neglect to prevent future harassment of the subjects. Additionally, in
			 accordance with ANCRA Section 7.17, the Department may maintain case records
			 containing identifying information related to child abuse or neglect
			 reports.
b) The retention schedule
			 for indicated, unfounded, undetermined and pending child abuse and neglect
			 records is based on the seriousness of the allegations described in 89 Ill.
			 Adm. Code 300, Appendix B, as follows:
1) 50
			 Years
All reports where allegations regarding the death of the child
				subject (Allegation #1/#51) or sexual penetration (Allegation #19) were
				indicated shall be retained for 50 years after the report was
				indicated.
2) 20 Years
A) The following allegations involving the
			 serious physical injury, sexual molestation or sexual exploitation of the child
			 subject shall be retained for 20 years.
#2/#52
Head Injuries
#4/#54
Internal Injuries
#5/#55
Burns/Scalding (Third Degree Burns Only)
#7/#57
Wounds
#9/#59
Bone Fractures (Multiple or Spiral Fractures
						  Only)
#16
Torture
#18
Diseases Transmitted Sexually
#20
Sexual Exploitation
#21
Sexual Molestation
#81
Failure to Thrive
#83
Malnutrition
#85
Medical Neglect of Disabled Infants
B) The
			 following allegations may be retained for 20 years, depending on the
			 seriousness of the injury.
#6/#56
Poison/Noxious Substances
#9/#59
Bone Fractures (Other than Multiple or Spiral
						  Fractures)
#11/#61
Cuts, Bruises, Welts, Abrasions and Oral
						  Injuries
#12/#62
Human Bites
#13/#63
Sprains, Dislocations
#14
Tying/Close Confinement
#15/#65
Substance Misuse
#75
Abandonment/Desertion
#79
Medical Neglect
C) The
			 following factors shall be used to determine whether to retain any of the
			 allegations in subsection (b)(2)(B) for 20 years:
i) Extent of the injuries. Are the injuries
			 limited to one spot on the child's body or are there multiple injuries on many
			 parts of the child's body?
ii)
			 Long-term effects of the injuries. Will the child be left with scars,
			 deformities or permanent disabilities?
iii) Medical treatment required. Does the
			 child require hospitalization, surgery, emergency medical treatment or other
			 major medical treatment as a result of the injuries?
iv) Pattern or chronicity of injuries. Is
			 there an ongoing history or pattern of harsh punishment or neglect that
			 resulted in injury? Are there severe injuries at different stages of
			 healing?
D) If none of
			 the factors in subsection (b)(2)(C) are present, the allegations shall be
			 retained for 5 years.
3)
			 5 Years
The following indicated allegations shall be retained for 5
				years.
#17/#67
Mental Injury
#10/#60
Substantial Risk of Physical Injury
#22
Substantial Risk of Sexual Injury
#74
Inadequate Supervision
#76
Inadequate Food
#77
Inadequate Shelter
#78
Inadequate Clothing
#82
Environmental Neglect
#84
Lock-Out
4)
			 Subsequent Indicated Reports
All subsequent indicated reports involving any of the same
				subjects or the sibling or offspring shall be maintained after the last report
				was indicated in accordance with retention periods specified in this
				Section.
5) Unfounded
			 Allegations
A) All identifying information
			 concerning records of unfounded reports involving the death (Allegation
			 #1/#51), sexual abuse (Allegations #18, #19, #20, #21) or serious physical
			 injury (e.g., Allegations #2/#52, #4/#54, #5/#55, #7/#57, #9/#59) of a child
			 shall be maintained in the State Central Register for 3 years after the date
			 the final finding report is entered. All identifying information about all
			 other unfounded reports shall be retained by the SCR for 12 months after the
			 date the final finding report is entered. Notwithstanding anything in this
			 subsection (b)(5)(A), whenever a subsequent report is received concerning a
			 subject of an existing unfounded report, the unfounded report shall be retained
			 until the new investigation is completed or for 12 months, whichever is
			 later.
B) If the alleged
			 perpetrator or caretaker requests, in writing, within 10 days after the date on
			 the SCR-generated notice, that a record of the unfounded report be retained as
			 evidence of false reporting, the SCR computer and hard copy files and the local
			 index shall be maintained. Written requests postmarked more than 10 days after
			 the date on the SCR notice and oral requests, that are not confirmed in
			 writing, shall not be honored. The child abuse and neglect investigative file
			 shall also be maintained. SCR will notify the local investigative unit when to
			 destroy records of these unfounded false reports.
6) Pending and Undetermined Reports
Child abuse and neglect reports that are pending or
				undetermined shall remain in the SCR computer and hard copy files, the local
				index, and the child abuse and neglect investigative file until a decision is
				reached.