HB5219 Engrossed LRB094 19234 RSP 54801 b

1     AN ACT concerning State government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Abused and Neglected Child Reporting Act is
5 amended by changing Sections 7 and 7.3 as follows:
 
6     (325 ILCS 5/7)  (from Ch. 23, par. 2057)
7     Sec. 7. Time and manner of making reports. All reports of
8 suspected child abuse or neglect made under this Act shall be
9 made immediately by telephone to the central register
10 established under Section 7.7 on the single, State-wide,
11 toll-free telephone number established in Section 7.6, or in
12 person or by telephone through the nearest Department office.
13 The Department shall, in cooperation with school officials,
14 distribute appropriate materials in school buildings listing
15 the toll-free telephone number established in Section 7.6,
16 including methods of making a report under this Act. The
17 Department may, in cooperation with appropriate members of the
18 clergy, distribute appropriate materials in churches,
19 synagogues, temples, mosques, or other religious buildings
20 listing the toll-free telephone number established in Section
21 7.6, including methods of making a report under this Act.
22     Wherever the Statewide number is posted, there shall also
23 be posted the following notice:
24     "Any person who knowingly transmits a false report to the
25 Department commits the offense of disorderly conduct under
26 subsection (a)(7) of Section 26-1 of the Criminal Code of 1961.
27 A first violation of this subsection is a Class A misdemeanor,
28 punishable by a term of imprisonment for up to one year, or by
29 a fine not to exceed $1,000, or by both such term and fine. A
30 second or subsequent violation is a Class 4 felony."
31     The report required by this Act shall include, if known,
32 the name and address of the child and his parents or other

 

 

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1 persons having his custody; the child's age; the nature of the
2 child's condition including any evidence of previous injuries
3 or disabilities; and any other information that the person
4 filing the report believes might be helpful in establishing the
5 cause of such abuse or neglect and the identity of the person
6 believed to have caused such abuse or neglect. Reports made to
7 the central register through the State-wide, toll-free
8 telephone number shall be immediately transmitted by the
9 Department to the appropriate Child Protective Service Unit.
10 All such reports alleging the death of a child, serious injury
11 to a child including, but not limited to, brain damage, skull
12 fractures, subdural hematomas, and internal injuries, torture
13 of a child, malnutrition of a child, and sexual abuse to a
14 child, including, but not limited to, sexual intercourse,
15 sexual exploitation, sexual molestation, and sexually
16 transmitted disease in a child age 12 and under, shall also be
17 immediately transmitted by the Department to the appropriate
18 local law enforcement agency. The Department shall within 24
19 hours orally notify local law enforcement personnel and the
20 office of the State's Attorney of the involved county of the
21 receipt of any report alleging the death of a child, serious
22 injury to a child including, but not limited to, brain damage,
23 skull fractures, subdural hematomas, and, internal injuries,
24 torture of a child, malnutrition of a child, and sexual abuse
25 to a child, including, but not limited to, sexual intercourse,
26 sexual exploitation, sexual molestation, and sexually
27 transmitted disease in a child age twelve and under. All oral
28 reports made by the Department to local law enforcement
29 personnel and the office of the State's Attorney of the
30 involved county shall be confirmed in writing within 24 48
31 hours of the oral report. All reports by persons mandated to
32 report under this Act shall be confirmed in writing to the
33 appropriate Child Protective Service Unit, which may be on
34 forms supplied by the Department, within 48 hours of any
35 initial report.
36     Written confirmation reports from persons not required to

 

 

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1 report by this Act may be made to the appropriate Child
2 Protective Service Unit. Written reports from persons required
3 by this Act to report shall be admissible in evidence in any
4 judicial proceeding relating to child abuse or neglect. Reports
5 involving known or suspected child abuse or neglect in public
6 or private residential agencies or institutions shall be made
7 and received in the same manner as all other reports made under
8 this Act.
9 (Source: P.A. 92-801, eff. 8-16-02.)
 
10     (325 ILCS 5/7.3)  (from Ch. 23, par. 2057.3)
11     Sec. 7.3. (a) The Department shall be the sole agency
12 responsible for receiving and investigating reports of child
13 abuse or neglect made under this Act, except where
14 investigations by other agencies may be required with respect
15 to reports alleging the death of a child, serious injury to a
16 child or sexual abuse to a child made pursuant to Sections 4.1
17 or 7 of this Act, and except that the Department may delegate
18 the performance of the investigation to the Department of State
19 Police, a law enforcement agency and to those private social
20 service agencies which have been designated for this purpose by
21 the Department prior to July 1, 1980.
22     (b) Notwithstanding any other provision of this Act, the
23 Department may adopt rules expressly allowing law enforcement
24 personnel to investigate reports of suspected child abuse or
25 neglect concurrently with the Department, without regard to
26 whether the Department determines a report to be "indicated" or
27 "unfounded" or deems a report to be "undetermined".
28 (Source: P.A. 85-1440.)
 
29     Section 99. Effective date. This Act takes effect upon
30 becoming law.