Section 300.10  Purpose

 

The purpose of this Part is to describe how the Department of Children and Family Services (Department) administers and provides child protective services through a State Central Register and local child protective service units.  This Part governs how child abuse and neglect is reported and how such reports are handled and investigated.

 

(Source:  Added at 11 Ill. Reg. 12619, effective July 20, 1987)

 

Section 300.20  Definitions

 

"Abandonment" means parental conduct that demonstrates the purpose of relinquishing all parental rights and claims to the child.  Abandonment is also defined as any parental conduct that evinces a settled purpose to forego all parental duties and relinquish all parental claims to the child. 

 

"Abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent:

 

inflicts, causes to be inflicted, or allows to be inflicted upon such child physical or mental injury, by other than accidental means, which causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;

 

creates a substantial risk of physical or mental injury to such child by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional health, or loss of or impairment of any bodily function;

 

commits or allows to be committed any sex offense against such child, as such sex offenses are defined in the Criminal Code of 2012 [720 ILCS 5] or in the Wrongs to Children Act [720 ILCS 150], and extending those definitions of sex offenses to include children under 18 years of age;

 

commits or allows to be committed an act or acts of torture upon such child;

 

inflicts excessive corporal punishment;

 

commits or allows to be committed the offense of female genital mutilation, as defined in Section 12-34 of the Criminal Code of 2012, against the child;

 

causes to be sold, transferred, distributed, or given to such child under 18 years of age, a controlled substance as defined in Section 102 of the Illinois Controlled Substances Act [720 ILCS 570] in violation of Article IV of the Illinois Controlled Substances Act or in violation of the Methamphetamine Control and Community Protection Act [720 ILCS 646], except for controlled substances that are prescribed in accordance with Article III of the Illinois Controlled Substances Act and are dispensed to such child in a manner that substantially complies with the prescription; or

 

commits or allows to be committed the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services as defined in Section 10-9 of the Criminal Code of 2012 against the child.

 

A child shall not be considered abused for the sole reason that the child has been relinquished in accordance with the Abandoned Newborn Infant Protection Act [325 ILCS 2].  [325 ILCS 5/3]

 

"Act" means the Abused and Neglected Child Reporting Act [325 ILCS 5].

 

"Blatant disregard" means an incident where the real, significant, and imminent risk of harm would be so obvious to a reasonable parent or caretaker that it is unlikely that a reasonable parent or caretaker would have exposed the child to the danger without exercising precautionary measures to protect the child from harm. [325 ILCS 5/3]

 

"CANTS/SACWIS 8" or "C/S8" means the Department's document titled Notification of a Report of Suspected Child Abuse and/or Neglect. This document explains the Department's child abuse/neglect allegation investigation process.

 

"CANTS/SACWIS 9" or "C/S9" means the Department's document titled Notification of Intent to Indicate Child Care Worker for Report of Child Abuse and/or Neglect. This document is used to notify a person that the Department plans to indicate that person as a perpetrator of child abuse/neglect.

 

"CANTS/SACWIS 10" or "C/S10" means the Department's document titled Notice of Intent to Indicate a Child Care Worker for Report of Child Abuse and/or Neglect-Questions and Answers. This is an informational document explaining the impact of a determination of indicated child abuse/neglect and the appeal process.

 

"CANTS/SACWIS 11" or "C/S11" means the Department's document titled Notification of Indicated Decision in an Employment Related Report of Suspected Child Abuse and/or Neglect. This is the document by which the Department notifies a person that the Department has determined that there is credible evidence that he or she is responsible for the child abuse or neglect described in that document.

 

"Caregiver" means the child's parents, guardian, custodian or relative with whom the child lives and who has primary responsibility for the care and supervision of the child.

 

"Child" means any person under the age of 18 years, unless legally emancipated by reason of marriage or entry into a branch of the United States armed services.  [325 ILCS 5/3]

 

"Child care facility" means any person, group of persons, agency, association, organization, corporation, institution, center or group, whether established for gain or otherwise, who or which receives or arranges for care or placement of one or more children, unrelated to the operator of the facility, apart from the parents, with or without the transfer of the right of custody in any facility as defined in the Child Care Act of 1969 [225 ILCS 10], established and maintained for the care of children. "Child care facility" includes a relative who is licensed as a foster family home under Section 4 of the Child Care Act of 1969. [225 ILCS 10/2.05]

 

"Child care worker" means any person who is employed to work directly with children and any person who is an owner/operator of a child care facility, regardless of whether the facility is licensed by the Department. Child care facilities, for purposes of this definition, include child care institutions; child welfare agencies; day care/night care centers; day care/night care homes; day care/night care group day care homes; group homes; hospitals or health care facilities; schools, including school teachers and administrators, but not tenured school teachers or administrators who have other disciplinary processes available to them; and before and after school programs, recreational programs and summer camps. "Child care worker" also means persons employed as full-time nannies. A child care worker may, at his or her discretion, be subject to this Part if alleged to be responsible for child abuse or neglect outside of his or her employment. "Child care worker" includes a person: currently employed as a child care worker; currently enrolled in an academic program that leads to a position as a child care worker; or who has applied for a license required for a child care worker position.  A person will be considered to be "employed as a child care worker" under this Part if, at the time of the notice of the investigation, he or she: has applied for, or will apply within 180 days for, a position as a child care worker; is enrolled in, or will commence within 180 days, an academic program that leads to a position as a child care worker; or has applied for a license as a child care worker. 

 

"Child-placing agency" means a licensed public or private agency that receives a child for the purpose of placing or arranging for the placement of the child in a foster family home or other facility for child care, apart from the custody of the child's parents. [325 ILCS 2/10]

 

"Child Protective Service Unit" or "CPS" means certain specialized State employees of the Department assigned by the Director or his or her designee to perform the duties and responsibilities described under this Part. [325 ILCS 5/3]  CPS staff are also referred to as child protection staff.

 

"Children for whom the Department is legally responsible" means children for whom the Department has temporary protective custody, custody or guardianship via court order, or children whose parents have signed an adoptive surrender or voluntary placement agreement with the Department.

 

"CPSW" means a Child Protective Service Worker.

 

"Collateral contact" means obtaining information concerning a child, parent, or other person responsible for the child from a person who has knowledge of the family situation but was not directly involved in referring the child or family to the Department for services.

 

"Contact between siblings" means contact between or among siblings who are residing apart from one another, and may include, but is not limited to:  telephone calls; video conferencing; in person visitation; sending/receiving cards, letters, emails, text messages, gifts, etc.; sharing photographs or information; use of any approved social media (e.g., Facebook); and any other agreed upon forms of communication technology.

 

"Credible evidence of child abuse or neglect" means that the available facts, when viewed in light of surrounding circumstances, would cause a reasonable person to believe that a child was abused or neglected.

 

"Delegation of an investigation" means the investigation of a report of child abuse or neglect has been deferred to another authority.  The Department maintains responsibility for determining whether the report is indicated or unfounded, entering information about the report in the State Central Register and notifying the subjects of the report and mandated reporters of the results of the investigation.

 

"Department" or "DCFS" means the Department of Children and Family Services.

 

"Determination" means a final Department decision about whether there is credible evidence that child abuse or neglect occurred.  A determination must be either "indicated" or "unfounded".

 

"DR Specialist" means a Differential Response Specialist as described in Section 300.45(e)(1).

 

"Disfigurement" means a serious or protracted blemish, scar, or deformity that spoils a person's appearance or limits bodily functions.

 

"Ecomap" means a pictorial representation of family connections to different systems and community and other resources to identify significant people and/or systems around the family to illustrate the strengths, impact and quality of each connection. (Hartman, A., Diagrammatic Assessment of Family Relationships. Social Casework, 59, 465-476 (1978).)

 

"Emergency medical facility" means a freestanding emergency center or trauma center, as defined in the Emergency Medical Services (EMS) Systems Act [210 ILCS 50]. [325 ILCS 2/10]

 

"Emergency medical professional" includes licensed physicians, and any emergency medical technician-basic, emergency medical technician-intermediate, emergency medical technician-paramedic, trauma nurse specialist, and pre-hospital RN, as defined in the Emergency Medical Services (EMS) Systems Act.  [325 ILCS 2/10]

 

"Fictive kin" means any individual, unrelated by birth or marriage, who:

 

is shown to have significant and close personal or emotional ties with the child or the child's family prior to the child's placement with the individual; or

 

is the current foster parent of a child in the custody or guardianship of the Department pursuant to the Child and Family Services Act and the Juvenile Court Act of 1987, if the child has been placed in the home for at least one year and has established a significant and family-like relationship with the foster parent, and the foster parent has been identified by the Department as the child's permanent connection. [20 ILCS 505/7(b)]

 

"Fire station" means a fire station within the State with at least one staff person. [325 ILCS 2/10]

 

"Formal investigation" means those activities conducted by Department child protection staff necessary to make a determination as to whether a report of suspected child abuse or neglect is indicated or unfounded.  Those activities shall include:  direct contact with the subject or subjects of the report as soon as possible after the report is received; an evaluation of the environment of the child named in the report and any other children in the same environment; a determination of the risk to such children if they continue to remain in the existing environments, as well as a determination of the nature, extent and cause of any condition enumerated in such report; the name, age and condition of other children in the environment; and an evaluation as to whether there would be an immediate and urgent necessity to remove the child from the environment if appropriate family preservation services were provided. After seeing to the safety of the child or children, the Department shall forthwith notify the subjects of the report, in writing, of the existence of the report and their rights existing under the Act in regard to amendment or expungement.  [325 ILCS 5/7.4(b)(3)]

 

"Genogram" means a pictorial representation of an individual's family relationships.

 

"Godparent" is a person who sponsors a child at baptism or one in whom the parents have entrusted a special duty that includes assisting in raising a child if the parent cannot raise the child.  If the person is considered to be the child's godparent, in order for placement to occur, the same placement selection criteria as contained in 89 Ill. Adm. Code 301.60 (Placement Selection Criteria) must be met.  If the godparent is not a licensed foster parent, all the conditions currently in effect for placement with relatives in 89 Ill. Adm. Code 301.80 (Relative Home Placement) must be met.

 

"Hospital" has the same meaning as in the Hospital Licensing Act [210 ILCS 85].

 

"Indicated report" means any report of child abuse or neglect made to the Department for which it is determined, after an investigation, that credible evidence of the alleged abuse or neglect exists.

 

"Initial investigation" means those activities conducted by Department child protection staff to determine whether a report of suspected child abuse or neglect is a good faith indication of abuse or neglect and, therefore, requires a formal investigation.  Good faith in this context means that the report was made with the honest intention to identify actual child abuse or neglect.

 

"Initial oral report" means a report alleging child abuse or neglect for which the State Central Register has no prior records on the family.

 

"Involved subject" means a child who is the alleged victim of child abuse or neglect or a person who is the alleged perpetrator of the child abuse or neglect.

 

"Legal custody" means the relationship created by a court order in the best interest of a newborn infant that imposes on the infant's custodian the responsibility of physical possession of the infant, the duty to protect, train, and discipline the infant, and the duty to provide the infant with food, shelter, education, and medical care, except as these are limited by parental rights and responsibilities. [325 ILCS 2/10]

 

"Local law enforcement agency" means the police of a city, town, village or other incorporated area or the sheriff of an unincorporated area or any sworn officer of the Illinois Department of State Police.

 

"Mandated reporters" means those individuals required to report suspected child abuse or neglect to the Department.  A list of these persons and their associated responsibilities is provided in Section 300.30.

 

"Member of the clergy" means a clergyman or practitioner of any religious denomination accredited by the religious body to which he or she belongs.  [325 ILCS 5/3]

 

"Neglected child" means any child:

 

who is not receiving the proper or necessary nourishment or medically indicated treatment, including food or care, not provided solely on the basis of present or anticipated mental or physical impairment as determined by a physician acting alone or in consultation with other physicians or otherwise is not receiving the proper or necessary support, or medical or other remedial care recognized under State law as necessary for a child's well-being (including when there is harm or substantial risk of harm to the child's health or welfare), or other care necessary for a child's well-being, including adequate food, clothing and shelter; or

 

who is subjected to an environment that is injurious insofar as:

 

the child's environment creates a likelihood of harm to the child's health, physical well-being, or welfare; and

 

the likely harm to the child is the result of a blatant disregard of parent or caretaker responsibilities; or

 

who is abandoned by his or her parents or other person responsible for the child's welfare without a proper plan of care; or

 

who has been provided with interim crisis intervention services under Section 3-5 of the Juvenile Court Act of 1987 [705 ILCS 405/3-5] and whose parent, guardian, or custodian refuses to permit the child to return home and no other living arrangement agreeable to the parent, guardian, or custodian can be made, and the parent, guardian, or custodian has not made any other appropriate living arrangement for the child; or

 

who is a newborn infant whose blood, urine or meconium contains any amount of controlled substance as defined in Section 102(f) of the Illinois Controlled Substances Act [720 ILCS 570/102(f)] or a metabolite thereof, with the exception of a controlled substance or metabolite thereof whose presence in the newborn infant is the result of medical treatment administered to the mother or newborn infant.

 

A child shall not be considered neglected for the sole reason that the child's parent or other person responsible for his or her welfare has left the child in the care of an adult relative for any period of time.

 

A child shall not be considered neglected for the sole reason that the child has been relinquished in accordance with the Abandoned Newborn Infant Protection Act [325 ILCS 5].

 

A child shall not be considered neglected or abused for the sole reason that such child's parent or other person responsible for his or her welfare depends upon spiritual means through prayer alone for the treatment or cure of disease or remedial care under Section 4 of the Abused and Neglected Child Reporting Act. When the circumstances indicate harm or substantial risk of harm to the child's health or welfare and necessary medical care is not being provided to treat or prevent that harm or risk of harm because the parent or other person responsible for the child's welfare depends upon spiritual means alone for treatment or cure, the child is subject to the requirements of the Act for the reporting of, investigation of, and provision of protective services with respect to the child and his or her health needs, and in such cases spiritual means through prayer alone for the treatment or cure of disease or for remedial care will not be recognized as a substitute for necessary medical care, if the Department or, as necessary, a juvenile court determines that medical care is necessary.

 

A child shall not be considered neglected or abused solely because the child is not attending school in accordance with the requirements of Article 26 of the School Code [105 ILCS 5]. [325 ILCS 5/3]

 

"Newborn infant" means a child who a licensed physician reasonably believes is 30 days old or less at the time the child is initially relinquished to a hospital, police station, fire station, or emergency medical facility, and who is not an abused or a neglected child. [325 ILCS 2/10]

 

"Permanent connection" means a family-like relationship, consistent with a child's best interests, health, safety and well-being, that provides:

 

safe, stable and committed parenting;

 

unconditional love and lifelong support; and

 

a permanent legal status between child and family.

 

For a child for whom the Department is legally responsible, a permanent connection may be the child's parents or another caregiver in the child's home of origin. When the child cannot be safely returned home, a permanent connection may be the current or former foster parent or relative caregiver, an individual identified as an adoptive or legal guardianship placement resource, or another individual from among the child's or family's lifelong connections with whom a child has developed a familial relationship.

 

"Perpetrator" means a person who, as a result of investigation, has been determined by the Department to have caused child abuse or neglect.

 

"Person responsible for the child's welfare" means:

 

the child's parent, guardian, foster parent or relative caregiver;

 

an operator, supervisor or employee of a public or private residential agency or institution or public or private profit or not-for-profit child care facility; or

 

any other person responsible for the child's welfare at the time of the alleged abuse or neglect, including:

 

any person that is the custodian of a child under 18 years of age who commits or allows to be committed, against the child, the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services, as provided in Section 10-9 of the Criminal Code of 2012; or

 

any person who came to know the child through an official capacity or position of trust, including but not limited to health care professionals, educational personnel, recreational supervisors, members of the clergy and volunteers or support personnel in any setting where children may be subject to abuse or neglect. [325 ILCS 5/3]

 

"Police station" means:

 

a municipal police station;

 

a county sheriff's office;

 

a campus police department located on any college or university owned or controlled by the State or any private college or private university that is not owned or controlled by the State when employees or the campus police department are present; or

 

any of the district headquarters of the Illinois State Police. [325 ILCS 2/10]

 

"Private guardianship" means an individual person appointed by the court to assume the responsibilities of the guardianship of the person as defined in Section 1-3 of the Juvenile Court Act of 1987 [705 ILCS 405/1-3] or Article XI of the Probate Act of 1975 [755 ILCS 5].

 

"Relative", for purposes of placement of children for whom the Department is legally responsible, means any person, 21 years of age or over, other than the parent, who:

 

is currently related to the child in any of the following ways by blood or adoption:  grandparent, sibling, great-grandparent, uncle, aunt, nephew, niece, first cousin, first cousin once removed (children of one's first cousin to oneself), second cousin (children of first cousins are second cousins to each other), godparent (as defined in this Section), great-uncle, or great-aunt;

 

is the spouse, or party to a civil union, of such a relative;

 

is the child's step-father, step-mother, step-grandfather, step-grandmother, or adult step-brother or step-sister;

 

is the partner, or adult child of a partner, in a civil union with the child's mother or father; or

 

is a fictive kin as defined in this Section.

 

"Relative" also includes a person related in any of the foregoing ways to a sibling of a child, even though the person is not related to the child, when the child and its sibling are placed together with that person. For children who have been in the guardianship of the Department, have been adopted, and are subsequently returned to the temporary custody or guardianship of the Department, a "relative" may also include any person who would have qualified as a relative under this definition prior to the adoption, but only if the Department determines that it would be in the best interests of the child to consider this person a relative.  [20 ILCS 505/7(b)]

 

"Relinquish" means to bring a newborn infant, who a licensed physician reasonably believes is 30 days old or less, to a hospital, police station, fire station, or emergency medical facility and to leave the infant with personnel of the facility, if the person leaving the infant does not express an intent to return for the infant or states that he or she will not return for the infant.  In the case of a mother who gives birth to an infant in a hospital, the mother's act of leaving that newborn infant at the hospital:

 

without expressing an intent to return for the infant; or

 

stating that she will not return for the infant is not a "relinquishment" under the Abandoned Newborn Infant Protection Act. [325 ILCS 2/10]

 

"Siblings" mean children who have at least one parent in common.  Children continue to be considered siblings after parental rights are terminated, if parental rights were terminated while a petition under Article II of the Juvenile Court Act of 1987 was pending.  Children continue to be considered siblings after one or more of the children are adopted or placed in private guardianship, if they were in the custody or guardianship of the Department pursuant to Article II of the Juvenile Court Act of 1987 [705 ILCS 405] immediately prior to the adoption or guardianship.  Step-siblings may be considered "siblings" when the children enter into substitute care together, have a positive relationship and share at least one parent in common.

 

"Strengthening and Supporting Families service period" means a level of service intervention that will average 90 days, but no more than 120 days.

 

"State Central Register" is the record of child abuse and/or neglect reports maintained by the Department pursuant to the Act.

 

"Subject of a report" means any child reported to the child abuse/neglect State Central Register, and his or her parent, personal guardian or other person responsible for the child's welfare who is named in the report.

 

"SSF worker" means a Strengthening and Supporting Families worker.

 

"Temporary protective custody" means custody within a hospital or other medical facility or a place previously designated by the Department, subject to review by the Court.  Temporary protective custody cannot exceed 48 hours, excluding Saturdays, Sundays and holidays.

 

"Undetermined report" means any report of child abuse or neglect made to the Department in which it was not possible to complete an investigation within 60 days on the basis of information provided to the Department.

 

"Unfounded report" means any report of child abuse or neglect for which it is determined, after an investigation, that no credible evidence of the alleged abuse or neglect exists.

 

"Visitation" means face-to-face contact:

 

between parents and their children who are in substitute care;

 

between siblings in substitute care who are placed apart from one another; or

 

between siblings in substitute care with siblings who are not in substitute care (e.g., emancipated, case closed due to independence, adopted, placed in private guardianship, living in home of parent, etc.).

 

(Source:  Amended at 42 Ill. Reg. 2141, effective January 17, 2018)

 

Section 300.30  Reporting Child Abuse or Neglect to the Department

 

a)         Reports of suspected child abuse or neglect may be immediately made to the State Central Register via its toll-free number [1-800-25A-BUSE] at any time, day or night, or on any day of the week.  Reports may also be made to the nearest Department office.  The Department encourages use of the toll-free hotline number.

 

b)         Persons Mandated to Report Child Abuse or Neglect

 

1)         Types of Mandated Reporters

            Any of the following individuals who have reasonable cause to believe that a child known to them in their professional or official capacity may be abused or neglected shall immediately report or cause a report to be made to the Department.  These mandated reporters include:

 

A)        physicians, residents, interns and physician assistants;

 

B)        hospitals;

 

C)        hospital administrators and personnel engaged in the examination, care and treatment of persons;

 

D)        surgeons;

 

E)        dentists;

 

F)         dentist hygienists;

 

G)        osteopaths;

 

H)        chiropractors;

 

I)         podiatrists;

 

J)         Christian Science practitioners;

 

K)        coroners;

 

L)        medical examiners;

 

M)       emergency medical technicians;

 

N)        crisis line or hotline personnel;

 

O)        school personnel;

 

P)         educational advocate assigned to a child pursuant to the School Code;

 

Q)        truant officers;

 

R)        social workers;

 

S)         social services administrators;

 

T)         domestic violence program personnel;

 

U)        registered nurses;

 

V)        licensed practical nurses, advanced practice nurses, home health aides;

 

W)       directors or staff assistants of nursery schools or child day care centers;

 

X)        recreational or athletic program or facility personnel;

 

Y)        law enforcement officers;

 

Z)        registered psychologists;

 

AA)     assistants working under the direct supervision of a psychologist or psychiatrist;

 

BB)     field personnel of the Illinois Departments of Healthcare and Family Services, Human Services, Public Health, Corrections, Children and Family Services or Human Rights;

 

CC)     probation officers;

 

DD)     foster parents, homemakers or any other child care worker;

 

EE)      supervisors and administrators of General Assistance under the Illinois Public Aid Code;

 

FF)      substance abuse treatment personnel;

 

GG)     funeral home directors or their employees;

 

HH)     members of the clergy;

 

II)        licensed professional counselors or licensed clinical professional counselors;

 

JJ)        acupuncturists;

 

KK)     animal control officers or Illinois Department of Agriculture Bureau of Animal Health and Welfare field investigators;

 

LL)      members of a school board or the Chicago Board of Education or the governing body of a private school;

 

MM)    medical technicians or certified nursing assistants of any office, clinic or any other physical location that provides abortions, abortion referral or contraceptives;

 

NN)     personnel of institutions of higher education;

 

OO)     early intervention providers as defined in the Early Intervention Services System Act. [325 ILCS 5/4]

 

2)         Members of the Clergy

Any member of the clergy having reasonable cause to believe that a child known to that member of the clergy in his or her professional capacity may be an abused child, as defined in this Part, shall immediately report or cause a report to be made to the Department. [325 ILCS 5/4]

 

3)         Acknowledgement of Reporting Responsibility

 

A)        Individuals who became mandated reporters on or after July 1, 1986, by virtue of their employment shall sign statements acknowledging that they are mandated to report suspected child abuse and neglect in accordance with Section 4 of the Act.  The statement shall be on a form prescribed by the Department, but provided by the employer.  (See Appendix A.)  The statement shall be signed before beginning employment and shall be retained by the employer as a permanent part of the personnel record.

 

B)        The Department shall provide, upon request at a reasonable cost of $.50 each, copies of the Act to all employers employing persons who are mandated to report under the Act.

 

4)         Interference with Reporting Prohibited

 

A)        Whenever such person is required to report under the Act in his or her capacity as a member of the staff of a medical or other public or private institution, school, facility or agency, or as a member of the clergy, he shall make report immediately to the Department in accordance with provisions of the Act and may also notify the person in charge of such institution, school, facility or agency, or church, synagogue, temple, mosque, or other religious institution, or his designated agent that such a report has been made.  Under no circumstances shall any person in charge of such institution, school, facility or agency, or church, synagogue, temple, mosque or other religious institution, or designated agent to whom such notification has been made exercise any control, restraint, modification or other change in the report or the forwarding of such report to the Department. [325 ILCS 5/4]

 

B)        Any person who knowingly transmits a false report to the Department commits the offence of disorderly conduct under Section 26-1(a)(7) of the Criminal Code of 2012.  A violation of this provision is a Class 4 felony. Any person who knowingly and willfully violates any provision of subsection (b)(4) other than a second or subsequent violation of transmitting a false report as described in this subsection (b)(4)(B), is guilty of a Class A misdemeanor for the first violation and a Class 4 felony for a second or subsequent violation. [325 ILCS 5/4]

 

C)        No employer shall discharge, demote or suspend, or threaten to discharge, demote or suspend, or in any manner discriminate against any employee who makes any good faith oral or written report of suspected child abuse or neglect, or who is or will be a witness or testify in any investigation or proceeding concerning a report of suspected child abuse or neglect. [325 ILCS 5/9.1]

 

5)         Consequences of Failure to Report

 

A)        The privileged quality of communication between any professional person required to report and his or her patient or client shall not apply to situations involving abused or neglected children and shall not constitute grounds for failure to report as required by the Act or constitute grounds for failure to share information or documents with the Department during the course of a child abuse or neglect investigation. If requested by the professional, the Department shall confirm in writing that the information or documents disclosed by the professional were gathered in the course of a child abuse or neglect investigation. [325 ILCS 5/4] Mandated reporters who willfully fail to report suspected child abuse or neglect are subject to license suspension or revocation in accordance with, but not limited to, the following statutes:   

 

i)          Nurse Practice Act [225 ILCS 65];

 

ii)         Medical Practice Act of 1987 [225 ILCS 60];

 

iii)        Podiatric Medical Practice Act of 1987 [225 ILCS 100];

 

iv)        Clinical Psychologist Licensing Act [225 ILCS 15];

 

v)         Clinical Social Work and Social Work Practice Act [225 ILCS 20];

 

vi)        The School Code [105 ILCS 5];

 

vii)       The Illinois Dental Practice Act [225 ILCS 25];

 

viii)      Physician Assistant Practice Act of 1987 [225 ILCS 95];

 

ix)        Illinois Optometric Practice Act of 1987 [225 ILCS 80];

 

x)         Illinois Physical Therapy Act [225 ILCS 90]; and

 

xi)        Illinois Athletic Trainers Act [225 ILCS 5].

 

B)        Any physician who willfully fails to report child abuse or neglect shall be referred to the Illinois State Medical Disciplinary Board for action.  Any other person required to report suspected child abuse or neglect who willfully fails to report such abuse or neglect shall be guilty of a Class A misdemeanor. [325 ILCS 5/4]

 

C)        Members of the clergy of any religious denomination accredited by the religious body to which he or she belongs shall not be compelled to disclose a confession or admission made to him or her in his or her professional character or as a spiritual advisor.

 

6)         Written Confirmation of Reports

Mandated reporters shall confirm their telephone report in writing on a form prescribed by the Department within 48 hours after the oral report.  The Department shall provide forms to mandated reporters – one for the exclusive use of medical professionals and another for use by all other mandated reporters.  These confirmation reports shall be admissible as evidence in any administrative or judicial proceeding related to child abuse or neglect.  Local investigative staff shall transmit confirmation reports to the State Central Register within 24 hours after receipt.

 

c)         Other Persons May Report

            Other persons may report suspected child abuse or neglect if they have reasonable cause to believe a child may be abused or neglected.

 

d)         Consequences of False Reporting

            Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under Section 26-1(a)(7) of the Criminal Code of 2012. A violation of this provision is a Class 4 felony. Any person who knowingly and willfully violates any provision of this Section other than a second or subsequent violation of submitting a false report is guilty of a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation. [325 ILCS 5/4] The Department shall refer cases of false reporting to the local State's Attorney when the reporter is known.

 

e)         Cooperation in Court or Administrative Hearings

            Any person who makes a report or who investigates a report under the Act shall testify fully in any judicial proceeding or administrative hearing resulting from such report, as to any evidence of abuse or neglect, or the cause thereof. Any person who is required to report a suspected case of abuse or neglect shall testify fully in any administrative hearing resulting from such report, as to any evidence of abuse or neglect or the cause thereof. No evidence shall be excluded by reason of any common law or statutory privilege relating to communications between the alleged perpetrator of abuse or neglect, or the child subject of the report and any person who is required to report a suspected case of abuse or neglect or the person making or investigating the report. [325 ILCS 5/10]

 

f)         Referrals to Public Health

            All mandated reporters listed in subsection (b)(1) may refer to the Department of Public Health any pregnant person in Illinois who is addicted as defined in the Alcoholism and Other Drug Abuse and Dependency Act [20 ILCS 301].

 

g)         Depending upon Spiritual Means Through Prayer Alone for the Treatment or Cure of Disease or Remedial Care

            A child whose parent, guardian or custodian in good faith selects and depends upon spiritual means through prayer alone for the treatment or cure of disease or remedial care may be considered neglected or abused, but not for the sole reason that his parent, guardian, or custodian accepts and practices such beliefs.  [325 ILCS 5/4] Where the circumstances indicate harm or substantial risk of harm to the child's health or welfare and medical care necessary to treat or prevent that harm or risk of harm is not being provided because a parent or other person responsible for the child's welfare depends upon such spiritual means, the child shall be subject to the requirements of the Act for the reporting of, investigation of, and provision of protective services with respect to the child and his or her health needs.

 

(Source:  Amended at 38 Ill. Reg. 1962, effective December 31, 2013)

 

Section 300.40  Content of Child Abuse or Neglect Reports

 

The State Central Register or the local report-taker shall attempt to secure the following information from the reporter:

 

a)         family composition, including the name, age, sex, race, ethnicity, and address of the children named in the report and any other children in the environment;

 

b)         name, age, sex, race, ethnicity and address of the children's parents, caregiver, if different from the parent(s), and if different, the relationship of the caregiver to the child(ren), and of the alleged perpetrator and his/her relationship to the child subjects;

 

c)         the physical harm to the involved children and an estimation of the children's present physical, medical, and environmental condition.  This estimation should include information concerning any previous incidents of suspected child abuse or neglect; and

 

d)         the reporter's name, occupation and relationship to the children, actions taken by the reporter, where the reporter can be reached, and other information the reporter believes will be of assistance.

 

(Source:  Amended at 19 Ill. Reg. 10522, effective July 1, 1995)

 

Section 300.45  Five Year Demonstration of the Differential Response Program

 

a)         Differential Response recognizes that there are variations in the severity of reported maltreatment and allows for an investigation or family assessment response to reports of child neglect.  Both responses focus on the safety and well-being of the child; promote permanency within the family whenever possible; and recognize the authority of child protection to make decisions about protective custody and court involvement when necessary.  An investigation response involves gathering forensic evidence and requires a formal determination regarding whether there is credible evidence that child maltreatment has occurred. A family assessment response involves assessing the family's strengths and needs and offering services to meet the family's needs and support positive parenting.

 

b)         Differential Response Criteria

During the demonstration period, reports of neglect that meet all the following criteria may be assigned to an assessment pathway:

 

1)         Identifying information for the family members and their current address, if known at the time of the report;

 

2)         The alleged perpetrators are birth or adoptive parents, legal guardians or responsible relatives;

 

3)         The family has no pending or prior indicated reports of abuse and/or neglect or prior indicated reports have been expunged within the timeframe or timeframes established by the Department for the indicated allegation or allegations;

 

4)         The alleged victims, or other siblings or household members, are not currently in the care and custody of the Department or wards of the court;

 

5)         Protective custody of the children has not been taken or required in the current or any previous case; and

 

6)         Allegations

 

A)        The reported allegation or allegations shall only include Mental and Emotional Impairment (neglect only), Inadequate Supervision, Inadequate Food, Inadequate Shelter, Inadequate Clothing, Medical Neglect, and Environmental Neglect.  The following circumstances involving the allegations of Mental and Emotional Impairment, Inadequate Supervision, and Medical Neglect prohibit the report from being assigned to a family assessment pathway.

 

i)          Mental and Emotional Impairment reports taken as abuse (Allegation #17) will be assigned an investigation pathway.

 

ii)         Inadequate Supervision reports involving a child or children under the age of eight, or a child older than eight years of age with a physical or mental disability that limits his or her skills in the areas of communication, self-care, self-direction and safety will be assigned an investigation pathway.

 

iii)        Medical Neglect reports that involve a child with a severe medical condition that could become serious enough to cause long-term harm to the child if untreated will be assigned an investigation pathway. 

 

B)        All other allegations are considered to involve substantial child abuse and neglect, and are ineligible for assignment to the assessment pathway.

 

c)         Differential Response Team (DRT) Supervisors

Prior to assigning reports to Differential Response (DR) Specialists, DRT Supervisors will review all reports assigned to their teams within two hours after receipt in the team's electronic mailbox, excluding evenings, weekends and holidays, to determine their appropriateness for Differential Response.  DRT Supervisors will also contact reporters of medical neglect reports, and may contact reporters of other allegations, to confirm the information reported to the State Central Register and obtain any additional information that will enable the supervisor to determine the appropriateness of the report for Differential Response.  Reports determined to be inappropriate for Differential Response will be redirected by the supervisor to the State Central Register for investigation in accordance with subsection (e). 

 

d)         Initial and Ongoing Contacts with the Family

The initial Differential Response contact will occur in the family's home within three business days from the time the report is received at the State Central Register, excluding weekends and holidays, and the contact shall involve the DR Specialist, Strengthening and Supporting Families (SSF) worker, adult family members and all children.

 

1)         If a family accepts assessment pathway services, the DR Specialist must do the following at the initial meeting with the family:

 

A)        Verify identifying information and legal relationships of all household members.

 

B)        Complete a Child Endangerment Risk Assessment Protocol Safety Assessment.

 

C)        Obtain the names and addresses of any non-custodial parents.

 

D)        Complete a home safety checklist.

 

E)        Obtain consent for release of information signed by a family member with the authority to give consent. 

 

AGENCY NOTE: If the family will not allow the DR Specialist access to the child or children, the family has declined family assessment services and the requirements of subsection (e) will be followed.

 

2)         The SSF worker will provide intensive strength-based family-focused services during the Strengthening and Supporting Families service period, which will include the following: 

 

A)        A comprehensive and collaborative evaluation of the family's strengths and needs that will include the family's financial status, basic educational screening for the children, and physical health, mental health and behavioral health screening for all family members.  Information obtained will be used to construct a Genogram and Ecomap for use with the family;

 

B)        Services to meet any immediate needs of the family, including food, shelter and clothing;  

 

C)        A minimum of twice weekly contacts with the family, which will include the children in the household;

 

D)        Service planning;

 

E)        Services to mitigate or control the causes of neglect;

 

F)         Child Endangerment Risk Assessment Protocol Safety Assessments completed in accordance with the requirements for intact families established by the Child Endangerment Risk Assessment Protocol;

 

AGENCY NOTE:  The Child Endangerment Risk Assessment Protocol (CERAP) is used within the larger protocol of child protection practice to identify information consistent with threats to child safety; to analyze safety threats to determine how they are occurring within a particular family; and for safety planning to control identified safety threats.  The major steps that are required to apply the protocol include an assessment and analysis of the safety factors using the Safety Determination Form (CFS 1441).

 

G)        Assessment of the family's reasonable progress in resolving the issues that brought them to the attention of the Department;

 

H)        Advocacy services; and

 

I)         Discharge planning.

 

AGENCY NOTE: If at any time during the service period the family denies the SSF worker access to the child or children, the SSF worker will follow the requirements of subsection (e).

 

3)         Strengthening and Supporting Families supervisors will provide management services that will include review and approval of assessments, service plans, Child Endangerment Risk Assessment Protocol Safety Assessments, cash assistance requests, appropriateness of service referrals, case file documentation, requests for assessment service extensions, and requests to close family assessment cases.

 

A)        Supervisory review and approval of Child Endangerment Risk Assessment Protocol Safety Assessments will be in accordance with the Child Endangerment Risk Assessment Protocol.

 

B)        Families receiving Family Assessment services are eligible for cash assistance through the Differential Response Cash Assistance Program.  The Differential Response Cash Assistance Program provides cash assistance to families facing environmental issues (i.e., inadequate food, shelter, clothing or environmental neglect) to address an immediate need due to environmental issues that may be addressed by the delivery of some immediate cash assistance.  The program provides cash assistance to families in the assessment pathway.  Cash assistance requests are granted based upon the identified need of the applicant.  An SSF worker submits a completed DR cash assistance form to his or her SSF Supervisor who forwards the form to the Regional DR Supervisor.  Regional DR Supervisors are authorized to approve requests for $400 or less.  Requests over $400 must be approved by the DCFS DR Project Director.  Requests will be approved within 24 hours after application, excluding holidays and weekends.

 

C)        Supervisory monitoring of service provider reports will be conducted to assess service delivery and appropriateness of services.

 

D)        Approval of service extensions shall be based on the child's safety and well-being, family's needs and progress made in mitigating those conditions that contributed to its involvement with the Department.

 

E)        The following documents must be submitted to the SSF Supervisor before formalizing case closing with the family: 

 

i)          Case Closing Summary

 

ii)         Child and Family Service Aftercare Plan

 

iii)        Case note documentation of required child interviews and documentation

 

iv)        Provider treatment reports

 

v)         CFS 1441, Safety Determination Form

 

vi)        Completed LEADS and SACWIS/CANTS checks for all adult members of the household and all adults who are frequently in the home 

 

e)         Pathway Reassignment

 

1)         Differential Response Specialist

If a Differential Response Specialist determines that a child is unsafe, that there is an immediate need for intervention, or that maltreatment allegations are not within the scope of differential response, the Differential Response Specialist shall contact his or her supervisor within one hour after completion of the initial contact with the family to discuss case information and possible referral to the investigation pathway.  If the supervisor determines that the report should be re-directed to an investigation pathway, he or she will contact the State Central Register Supervisor without delay to have the report transferred to investigations.  The State Central Register Supervisor will enter the date and time of the contact with the supervisor as the report taken date and time and enter an appropriate response code.

 

2)         Strengthening and Supporting Families Worker

If the family refuses services anytime during the service period and/or the SSF Supervisor and worker have reasonable cause to believe that a child has been or is being abused or neglected and at risk of harm at any time during the service delivery period, the supervisor will contact the State Central Register Supervisor without delay to make a report of abuse or neglect.  The State Central Register Supervisor will enter the date and time of the contact with the SSF Supervisor as the report taken date and time and enter an appropriate response code.

 

AGENCY NOTE: A case assigned to the investigation pathway may not be reassigned to an assessment pathway.

 

f)         Families May Refuse Assessment Pathway Services

A family may refuse to accept assessment pathway services.  However, if it is determined by the DR Supervisor after review of available assessment and safety information that the child's safety is compromised by the refusal, the DR Supervisor will re-direct the report to the investigation pathway in accordance with subsection (e)(1).  If no safety concerns are identified, the case will be closed.

 

g)         No Formal Determination of Maltreatment

Family members whose case follows an assessment pathway are not labeled as perpetrators.  Children in an assessment pathway case are not labeled victims.  Names of children or family members involved in the assessment pathway are not entered in the State Central Register, and services are provided without a formal substantiation of alleged maltreatment.

 

(Source:  Added at 35 Ill. Reg. 1599, effective January 15, 2011)

 

Section 300.50  Transmittal of Child Abuse or Neglect Reports

 

a)         The State Central Register, upon receipt of a report of suspected child abuse or neglect, shall immediately transmit to the appropriate investigative staff;

 

1)         the contents of the report;

 

2)         information on any previous indicated, pending, or undetermined reports involving the subjects of a current report; and

 

3)         other pertinent information.

 

b)         Local investigative staff shall immediately notify the State Central Register of any report (including duplicate reports and additional information) received from a source other than the State Central Register, or if the child is in danger, shall notify the State Central Register immediately after assuring the child's safety.

 

(Source:  Recodified from 89 Ill. Adm. Code 302.120 at 11 Ill. Reg. 13405)

 

Section 300.60  Special Types of Reports (Recodified)

 

(Source:  Recodified to Section 300.160 at 11 Ill. Reg. 13405)

 

Section 300.70  Referrals to the Local Law Enforcement Agency and State's Attorney

 

The Department will immediately refer reports, including but not limited to the following types, to the local law enforcement agency and the appropriate State's Attorney for consideration of criminal investigation or other action:

 

a)         reports regarding a child who may have died as a result of abuse or neglect;

 

b)         reports in which the injury to the child suspected to be abused or neglected is severe; such as, but not limited to:  multiple or spiral fractures, third degree burns, internal injuries, subdural hematomas, brain damage, and skull fractures;

 

c)         indicated reports in which credible evidence is found that a child has been abused a second time, regardless of severity;

 

d)         reports of physical injury when the evidence indicates that the child has been tortured;

 

e)         reports in which a child is the alleged victim of sexual abuse; or

 

f)         reports in which a child is alleged to be suffering from malnutrition.

 

(Source:  Recodified from 89 Ill. Adm. Code 302.140 at 11 Ill. Reg. 3492)

 

Section 300.80  Delegation of the Investigation

 

The Department may delegate the investigation of the child abuse or neglect report to:

 

a)         the local police, sheriff's office, other law enforcement agency, or the State's Attorney, when they are concurrently conducting a criminal investigation of the same incidents and allegations; or

 

b)         a coroner or medical examiner who is investigating the cause of death of a child who may have been the victim of child abuse or neglect; or

 

c)         private social service agencies which had been designated for this purpose by the Department prior to July 1, 1980; or

 

d)         the Department of State Police, when the investigation involves suspected child abuse or neglect perpetrated by State employees acting in their official capacity or in State facilities or institutions.

 

(Source:  Recodified from 89 Ill. Adm. Code 302.150 at Ill. Reg. 3492)

 

Section 300.90  Time Frames for the Investigation

 

The following activities must be completed within the time frames indicated, except as exempted in Section 300.110(d).  The time the report was received at the State Central Register begins the investigative process.

 

a)       In-person contact with alleged child victim or in-person examination of the environment for inadequate shelter and environmental neglect reports only or in-person contact with mothers of infants who are hospitalized with controlled substances in their systems.  Contact with mother of hospitalized infants shall be in the environment in which the mother intends to reside with the infant.  Good faith attempt/Begin the initial investigation.  The investigation shall begin immediately if the child is believed to be in immediate danger of physical harm or it is likely that the family may flee with the child.	24 hours
b)      In-person contacts with the alleged perpetrator, the children's caretaker and the alleged child victim if not completed sooner	7 days
c)       Begins the Formal Investigation (Written)	14 days
d)       Final Investigation Report (Written)	60 days
e)       Preliminary Investigation Report – If a 30-day extension to the formal investigation is necessary	60 days

 

(Source:  Amended at 14 Ill. Reg. 19827, effective November 28, 1990)

 

Section 300.100  Initial Investigation

 

a)         When a report of child abuse or neglect is received, Department investigative staff will make an initial investigation to validate whether there is reasonable cause to believe that child abuse or neglect exists.

 

b)         The initial investigation will consist of the following steps:

 

1)         in-person contact with all alleged child victims or in-person examination of the environment for inadequate shelter and environmental neglect reports only, and

 

2)         in-person or telephone contact with the reporter, if the reporter's identity and whereabouts are available and

 

3)         data checks of Departmental and law enforcement records.

 

4)         If the initial investigation is not completed within seven days, the alleged perpetrator and the children's caretaker shall be contacted.

 

c)         Investigative staff shall begin an investigation within 24 hours after the Department receives a report alleging child abuse or neglect.  An investigation shall begin immediately when:

 

1)         a child is believed to be in immediate danger of physical harm; or

 

2)         it is likely that the family may flee with the child.

 

d)         An investigation normally shall be started by in-person contact with all the children alleged to have been abused or neglected.  When the incident occurred in a group setting and a number of perpetrators or children are alleged to be involved, contact may be delayed while a comprehensive investigative plan is developed with other investigative bodies (e.g. local law enforcement, the Department of State Police, out-of-state law enforcement, the Federal Bureau of Investigation) as long as the children's safety can be assured during the delay.

 

e)         However, in some instances, the Department's good faith attempt to contact the children alleged to have been abused or neglected shall be sufficient to start the investigation.  The following constitute good faith attempts to begin the investigation:

 

1)         when investigative staff learns, upon proceeding to the location given for the children alleged to have been abused or neglected, that the children have disappeared, the family has fled, the address does not exist, no one is at the location, or not all of the children alleged as abused or neglected are at the location; or

 

2)         when the involved child subjects are not accessible; or

 

3)         when the adult caretaker refuses to let child protective service staff see or speak with the involved child subject.

 

f)         Although a good faith attempt to contact the children alleged to be abused or neglected begins the investigation, this good faith attempt does not relieve investigative staff of the responsibility to complete the contacts required by Department rule.  Investigative staff will continue to attempt to establish in-person contact with the alleged child victim, conducting a diligent search to locate the child.

 

g)         Investigative staff will examine the following criteria to determine whether there is a good faith indication to believe that abuse or neglect exists:

 

1)         The alleged victim(s) must be less than 18 years of age; and

 

2)         The alleged victim(s) must either have been harmed or must be in substantial risk of harm; and

 

3)         There must be an abusive or neglectful incident or set of circumstances as defined in Appendix B of this Part which caused the alleged harm or substantial risk of harm to the child.

 

4)         For abuse, the alleged perpetrator must be the child's parent, foster parent, guardian, immediate family member, any individual who resides in the same house as the child, the paramour of the child's parent or any person responsible for the child's welfare at the time of the alleged abuse;

 

5)         For neglect, the alleged perpetrator must be the child's parent, guardian, foster parent or any person responsible for the child's welfare at the time of the alleged neglect.

 

h)         If any one of the above criteria is not present, a determination will be made that the report does not provide a good faith indication that child abuse or neglect exists, and the investigation will be terminated.  If the above criteria are present, investigative staff will begin a formal investigation.

 

i)          If, after the initial investigation, investigative staff determine that:

 

1)         there is good faith indication that child abuse or neglect exists, and

 

2)         the person who is alleged to have caused the abuse or neglect is employed or otherwise engaged in activity resulting in frequent contact with children; and

 

3)         the alleged child abuse or neglect occurred in the course of that employment or activity;

 

then upon commencement of the formal investigation the Department shall inform the appropriate supervisor or administrator of that employment or activity that a formal investigation has been commenced which may or may not result in an indicated report unless the Director determines that such notification would be detrimental to the Department's investigation. The Department may also notify the person being investigated, unless the Department determines that such notification would be detrimental to the Department's investigation.

 

j)          The Department will notify the following persons when an initial investigation determines that a report does not contain a good faith indication that child abuse or neglect exists and, therefore, a formal investigation will not be commenced:

 

1)         mandated reporters,

 

2)         custodial parents, personal guardians and legal custodians of the alleged child victims, and

 

3)         alleged perpetrators.

 

k)         The subjects of the report may request that a report which was not validated by the initial investigation be retained in the Department's computer and local index files, if the subjects of the report believe that the report was made for harassment purposes.  The Department shall honor all such written requests and shall retain these records for five years, as allowed in the Abused and Neglected Child Reporting Act.

 

(Source:  Amended at 14 Ill. Reg. 17558, effective October 15, 1990)

 

Section 300.110  The Formal Investigative Process

 

a)         Beginning the Formal Investigation

The formal investigation begins as soon as investigative staff make a determination following the initial investigation that there is reasonable cause to believe that child abuse or neglect exists.  Any actions described below which were taken during the initial investigation need not be repeated.  Any time frames listed in Section 300.90 which apply to the formal investigation mentioned below are retroactive to the beginning of the initial investigation.

 

b)         Notifications During the Formal Investigation

 

1)         During the first contact, after the formal investigation has begun, with the child's custodial parent, personal guardian, or legal custodian and the alleged perpetrator, the investigative staff shall notify them in writing that:

 

A)        the Department has received a report alleging abuse or neglect of their child; and

 

B)        the Department is legally mandated to investigate all child abuse or neglect reports; and

 

C)        information concerning the report has been entered into the Department's files; and

 

D)        the Department will work confidentially with them unless it becomes necessary to share information with authorized individuals or agencies as provided by law in 89 Ill. Adm. Code 431; and

 

E)        the subjects have the right of access to the information in the report with the exception of information which would identify the reporter or persons who cooperated in the investigation.

 

2)         Department investigative staff shall not give Miranda warnings to alleged perpetrators.

 

c)         Required Investigative Contacts

Investigative staff shall have direct, in-person contact with the alleged child victim, the alleged perpetrator, and the child's caretaker within seven days of the date the report was received, except in those situations noted in Section 300.110(d).  If the subjects of the report do not speak the English language, an interpreter shall be obtained or a worker assigned who speaks the same language as the subjects of the reports.

 

d)         Situations Where the Contact Requirement is Waived

 

1)         In-person contact is not required when:

 

A)        any subject of a child abuse or neglect report refuses to meet with or speak to the investigative worker; and

 

B)        the worker has attempted to involve the local law enforcement agency or the State's Attorney, but this has failed to gain cooperation.

 

2)         In-person contact is not required when it is documented that a child abuse or neglect subject is inaccessible.

 

3)         In-person contact is not required when it is documented that the investigative worker has made a good faith attempt to locate the subjects of the report, but cannot, after a diligent search, locate them.

 

e)         Collateral Contacts

The Department may make collateral contacts with persons other than the subjects of the report or the reporter to obtain further information regarding suspected child abuse or neglect.  When determining whether collateral contacts should be made, the Department shall weigh:

 

1)         the allegations contained in the report;

 

2)         the severity of the incident; and

 

3)         the likelihood that the collateral contact will have relevant information about the allegations or the incident.

 

f)         Administrative Subpoenas

If a mandated reporter who is believed to have information about the subject of a report is not allowed or refuses to speak with or provide documents to a child protective service worker about the reported child or family, an administrative subpoena may be issued to obtain the necessary information.  This applies regardless of whether the mandated reporter made the report being investigated.  In addition, if a parent, personal guardian, legal custodian, or alleged perpetrator refuses to meet with or speak to a child protective service worker, a subpoena may be issued to obtain the necessary information.

 

g)         Photographs and X-rays

 

1)         Department investigative staff may take or obtain color photographs and x-rays of a child who is the subject of an abuse or neglect report when the child has observable marks or injuries believed to be caused by abuse or neglect.  When the child's environment creates a substantial risk of injury or other harm, photographs may be taken of the child's environment.

 

2)         If the child's parents, personal guardian, or legal custodian can be located, he or she shall be notified of the Department's intent to secure the photographs or x-rays.

 

h)         Immunity from Liability

 

1)         Any persons, institutions, or agencies shall have immunity from any liability if they, in good faith:

 

A)        report suspected child abuse or neglect;

 

B)        assist in the investigation of a child abuse or neglect report;

 

C)        take temporary protective custody in accordance with Section 300.120; or

 

D)        take photographs or x-rays to substantiate the abuse or neglect report.

 

2)         For purpose of any civil or criminal liability, a person's good faith in taking the above actions shall be presumed.

 

i)          Final Determinations Regarding Child Abuse or Neglect

 

1)         Investigative staff in their role as mandated reporters may add allegations of abuse or neglect or subjects to a report during the course of the investigation.

 

2)         Upon completion of a formal investigation of abuse or neglect, investigative staff shall make a final determination as to whether a child was abused or neglected.  This determination shall be based upon whether the information gathered from other persons during the investigation and the direct observations made by the investigative staff during the investigation constitute credible evidence of child abuse or neglect.

 

3)         Allegations may be determined to be indicated, undetermined, or unfounded.

 

A)        When credible evidence of abuse or neglect has been obtained pertinent to an allegation, the allegation is indicated.

 

i)          If any allegation of child abuse or neglect is indicated, the report is indicated.

 

ii)         Investigative staff shall not determine that a report is indicated based solely upon the existence of a prior unfounded report or reports.

 

iii)        A court finding of child abuse or neglect shall be presumptive evidence that the report is indicated.

 

B)        When credible evidence of abuse or neglect has not been obtained, the allegation is unfounded.  If all allegations of child abuse or neglect are unfounded, the report is unfounded.

 

C)        When investigative staff have been unable, for good cause, to gather sufficient facts to support a decision within 60 days of the date the report was received, the allegation shall be considered undetermined. Additional periods of 30 days shall then be permitted to complete the investigation, after which a determination shall be made.  In the absence of credible evidence of abuse or neglect, the allegations and the report shall be designated unfounded.

 

D)        Good cause for extending the period for making a determination an additional 30 days may include but is not limited to the following reasons:

 

i)          State's attorneys or law enforcement officials have requested that the Department delay making a determination due to a pending criminal investigation.

 

ii)         Medical or autopsy reports needed to make a determination are still pending after the initial 60 day period.

 

iii)        The report involves an out-of-state investigation and the delay is beyond the Department's control.

 

iv)        Multiple alleged perpetrators or victims are involved necessitating more time in gathering evidence and conducting interviews.

 

(Source:  Amended at 22 Ill. Reg. 18847, effective October 1, 1998)

 

Section 300.120  Taking Children Into Temporary Protective Custody

 

a)         Local law enforcement officers, Department child protection staff, and physicians treating a child may take temporary protective custody of a child without the consent of the persons responsible for the child's welfare, if they have reason to believe that:

 

1)         leaving the child in the home or in the care and custody of the child's caregiver presents an imminent danger to the child's life or health.  The child shall not be taken into protective custody for the sole reason that the child was left with a relative, so long as the relative is willing to keep the child, and the Department has reason to believe that the relative can adequately and safely care for the child; and

 

2)         there is insufficient time to obtain a Juvenile Court order authorizing temporary custody.

 

b)         In addition to the above requirements, Department child protection staff shall ensure and document that reasonable efforts were made to prevent or eliminate the need to remove a child from the child's home.  However, it may be that due to the individual circumstances of the family and the child's best interest, safety and well-being, no efforts reasonably can be made to maintain the child in the child's home.  Reasonable efforts shall not be required if there exists any of the grounds for expedited termination of parental rights as described in 89 Ill. Adm. Code 309 (Adoption Services for Children for Whom the Department of Children and Family Services Is Legally Responsible).  Such a determination that no efforts reasonably can be made must be documented.  If no efforts reasonably can be made to safely prevent or eliminate the removal of the child, the child shall be taken into protective custody.

 

c)         Local law enforcement officers or physicians who take temporary protective custody of a child must immediately notify the Department of their action.

 

d)         When taking temporary protective custody of a child or receiving a child who was taken into temporary protective custody by the local law enforcement officer or by a physician, Department child protection staff shall:

 

1)         immediately notify the State Central Register of this action;

 

2)         make every reasonable effort to notify the child's parents, personal guardian, legal custodian, and any relative caregiver from whom the child was removed, of the action;

 

3)         request that the Guardianship Administrator or designee authorize any ordinary medical care or treatment necessary for those children taken into temporary protective custody;

 

4)         if the child needs treatment of an emergency nature and the parent or guardian is unavailable or unwilling to provide consent, the physician or hospital shall be asked to proceed under the Consent by Minors to Medical Procedures Act [410 ILCS 210], which allows treatment to be given to minors without consent; and

 

5)         obtain a shelter care hearing under the provisions of the Juvenile Court Act within 48 hours, excluding Saturdays, Sundays, and holidays, in order to retain custody for more than 48 hours.

 

e)         The Department recognizes the importance of maintaining sibling relationships in those situations in which children must be placed away from their parents.  The Department shall provide training for child protection specialists, their supervisors and managers regarding the importance of maintaining sibling relationships and the child's sense of attachment to his/her siblings, the importance of maintaining sibling relationships over the child's lifespan, and the impact on the child if those relationships are severed.

 

f)         At any time during the investigation, but no later than 30 days prior to the date of the scheduled adjudicatory hearing, the child protection specialist shall request a legal screening to determine whether the State's Attorney should be asked to file a petition for expedited termination of parental rights, if:

 

1)         it becomes known that there is present one or more of the grounds for seeking expedited termination of parental rights described in 89 Ill. Adm. Code 309.50 (Identification of Children for Potential Adoption Planning); and

 

2)         the parents are unwilling to voluntarily surrender the child for adoption or consent to the adoption of the child by a specified person.

 

(Source:  Amended at 40 Ill. Reg. 648, effective December 31, 2015)

 

Section 300.130   Notices Whether Child Abuse or Neglect Occurred

 

a)         Written Notices of Decision

            The Department provides a written notice to mandated reporters who reported suspected child abuse or neglect as well as to the child's parent, personal guardian, or legal custodian; the Juvenile Court Judge (when a State ward is involved); and the alleged perpetrator concerning the final determination of the report.

 

b)         Mandated Reporters

 

1)         Mandated reporters who have reported suspected child abuse or neglect are informed via a written notice that a formal investigation was conducted. The written notice also provides an explanation of how further information on an indicated report may be secured.  Department staff will notify them in writing:

 

A)        of the name of the child who was the subject of a report of abuse or neglect;

 

B)        whether the report was indicated or unfounded;

 

C)        whether the Department took temporary protective custody.

 

2)         Requests for additional information must be directed, in writing, to the State Central Register and must include:

 

A)        the identity of the requestor;

 

B)        the subject's name for whom the record is requested;

 

C)        a notary public's attestation as to the identity of the requestor;

 

D)        the purpose of the request.

 

3)         Upon receipt of an appropriate request, only the following information will be disclosed to the mandated reporter:

 

A)        whether a Department case has been opened for the family or children; and

 

B)        what Department services are being provided to the family or children.

 

4)         All requested information is sent in writing through certified mail and is deliverable only to the mandated reporter who made the request.

 

5)         Whenever the Department determines that a reported incident of child abuse or neglect from a mandated reporter is unfounded, the mandated reporter may request a review of the investigation within ten days after the notification of the final findings.  Multi-disciplinary Review Committees established in each of the Department's regions shall conduct requested reviews.

 

6)         Multi-disciplinary Review Committees shall draw upon the expertise of the Child Death Review Teams (see Section 300.170 of this Part).  Each committee shall be composed of a health care professional, Department employee, law enforcement official, licensed social worker, and representative of a State's Attorney's office.  When appointing committee members, primary consideration shall be given to candidates with prior child abuse and neglect case experience.

 

7)         Multi-disciplinary Review Committees will have access to all information in the Department's possession related to the case being reviewed.  Committee recommendations concerning the adequacy of the investigation and accuracy of the final finding determination shall be made to the regional Child Protection Manager.

 

8)         Department records of investigations provided to committees and committee recommendation reports shall not be public record.

 

c)         Parents, Personal Guardians, Legal Custodians, and Alleged Perpetrators

 

1)         Custodial and non-custodial parents, personal guardians, or legal custodians of child subjects, and alleged perpetrators shall receive notification within five calendar days after the report has been indicated or unfounded which indicate that the allegations were either:

 

A)        unfounded, and that all identifying information in the computer and local index files will be retained in accordance with 89 Ill. Adm. Code 431 (Confidentiality of Information of Persons Served by the Department); or

 

B)        indicated, and all Department records will be maintained intact.

 

2)         In addition, written notices shall explain that:

 

A)        the subjects of the report have access to the Department's records on the report, with the exception of the identity of the reporter or other persons who cooperated in the investigation;

 

B)        the subjects of the report have the right to request a review of the determination that the report was indicated including the decision to maintain a record of the report in the Department's computer and local index files.  89 Ill. Adm. Code 336 (Appeal of Child Abuse and Neglect Investigation Findings) fully explains the Department's review and appeal process; and

 

C)        the subjects of the report may request, within 10 days of the date on the written notice, that an unfounded report be retained in the Department's computer and local index files, if the subjects of the report believe the report was not made in good faith.  All such requests will be honored.

 

d)         Extended Family

            An extended family member interviewed for relevant information during the course of an investigation by the Child Protective Service Unit may request and receive the following information about the findings and actions taken by the Child Protective Service Unit to ensure the safety of the child or children who were the subjects of the investigation:

 

            1)         name of the child who was the subject of the abuse or neglect report;

 

            2)         whether the report was indicated or unfounded;

 

            3)         whether the Department took protective custody;

 

            4)         whether a Department case has been opened for the family or children;

 

            5)         what Department services are being provided the family or children; and

 

            6)         whether a safety plan has been established.

 

e)         Child's School

 

1)         The Department shall send a copy of final finding reports involving indicated allegations of physical or sexual abuse to the indicated victim's school within ten days after the investigation is completed.  Reports completed during the summer months shall be sent to the last known school attended by the child.

 

2)         The final finding report shall be sent confidential and the school shall ensure that the report remains confidential in accordance with the Illinois School Student Records Act.

 

3)         The victim's school shall purge the final finding report from the student's record and return the report to the Department upon notification from the Department that the report was overturned in an appeal or hearing or an indicated finding has been expunged from the State Central Register or that the Department has determined that the child is no longer at risk of physical or sexual harm.

 

f)         Other Parties

            The Department shall notify, in writing, those supervisors or administrators referenced in Section 300.100(i) of this Part whether a report involving the persons they supervise was indicated or unfounded and, if unfounded, that Section 13 of the Personnel Record Review Act [820 ILCS 40/13] requires that any record of the investigation must be expunged from the employee's personnel records.  The Department shall also notify the employee, in writing, that notification has been sent to the employer informing the employer that the Department's investigation has resulted in an unfounded report.  The notice to the employee shall also contain a statement of the employee's right to take the notice to the employer to have any record of the investigation expunged from the employee's record.

 

g)         Child Abuse and Neglect Reports on Children in Department Custody

 

1)         When a child is reported to the Department as being abused or neglected while in a foster home or relative home placement, whether by the foster parent, caregiver, or any other person residing in the home, the Department shall promptly notify the following persons when the report has been made, when an investigation is pending, and when the report has been indicated or unfounded:

 

A)        the parents or private guardians of the alleged abuse or neglect victim;

 

B)        all Department caseworkers or case managers responsible for the alleged victim and for any other children in the same foster home or relative home placement;

 

C)        those persons designated by the Director as responsible for evaluating the investigation and the disposition of the report;

 

D)        Department staff responsible for licensing and making placements with the facility.

 

2)         When a child is reported to the Department as being abused or neglected while in residential placement, the Department shall promptly notify the following persons when the report has been made, an investigation is pending, and when the report has been indicated or unfounded:

 

A)        the parents or private guardians of the alleged abuse or neglect victim;

 

B)        those Department caseworkers or case managers responsible for the alleged victim, for each child alleged to be a witness to the incident, and for each child alleged to be a perpetrator of the incident;

 

C)        those persons designated by the Director responsible for evaluating the investigation and the disposition of the report;

 

D)        Department staff responsible for licensing and making placements with the facility.

 

3)         The Department shall notify the following when a report involving a child in Department custody is indicated:

 

A)        the Juvenile Court.  If services are being provided by the Department or its providers, the notice shall also give the name and location of the Department office serving the children;

 

B)        the Department's administrative case reviewer responsible for reviewing the case plans of the children involved.

 

4)         The Department shall transmit a copy of the report to the guardian ad litem appointed under the Juvenile Court Act of 1987 when a report has been indicated, unfounded, or undetermined and the minor who is the subject of the report is also the minor for whom the guardian ad litem has been appointed.

 

(Source:  Amended at 38 Ill. Reg. 1962, effective December 31, 2013)

 

Section 300.140  Transmittal of Information to the Illinois Department of Professional Regulation and to School Superintendents

 

a)         The Department will transmit to the Illinois Department of Professional Regulation information regarding perpetrators of indicated reports of child abuse or neglect who are known to be subject to licensure or registration by the Department of Professional Regulation under the following Acts:

 

1)         Section 23 of The Illinois Dental Practice Act (Ill. Rev. Stat. 1989, ch. 111, par. 2323)

 

2)         Section 25 of The Illinois Nursing Act of 1987 (Ill. Rev. Stat. 1989, ch. 111, par. 3525)

 

3)         Section 24 of The Illinois Optometric Practice Act of 1987 (Ill. Rev. Stat. 1989, ch. 111, par. 3924)

 

4)         Section 17 of The Illinois Physical Therapy Act (Ill. Rev. Stat. 1989, ch. 111, par. 4267)

 

5)         Section 22 of the Medical Practice Act of 1987 (Ill. Rev. Stat. 1989, ch. 111, par. 4400-22)

 

6)         Section 21 of the Physician Assistant Practice Act of 1987 (Ill. Rev. Stat. 1989, ch. 111, par. 4621)

 

7)         Section 24 of the Podiatric Medical Practice Act of 1987 (Ill. Rev. Stat. 1989, ch. 111, par. 4824)

 

8)         Section 15 of the Clinical Psychologist Licensing Act (Ill. Rev. Stat. 1989, ch. 111, par. 5316)

 

9)         Section19 of the Clinical Social Work and Social Work Practice Act  (Ill. Rev. Stat. 1989, ch. 111, par. 6369)

 

10)       Section 16 of the Illinois Athletic Trainers Practice Act (Ill. Rev. Stat. 1989, ch. 111, par. 7616)

 

b)         The Department will transmit to district school superintendents in Illinois and private school administrators information regarding any persons known to be employed in a school or who otherwise come into frequent contact with children in a school who are determined to be perpetrators of indicated reports of child abuse and neglect.

 

c)         The Department will transmit to regional superintendents and the State Superintendent of Education information that a person known to be a holder of a certificate issued by the State Board of Education has been named as a perpetrator in an indicated report of child abuse or neglect.

 

d)         If a request for a review and fair hearing is received within 60 calendar days of the date on the written notice that the report is indicated, information regarding the request will be sent to the Department of Professional Regulation or district and regional school superintendents and the State Superintendent of Education in accord with applicable law.

 

e)         Whenever the Department receives a report alleging that a child is a truant as defined in Section 26-2a of the School Code (Ill. Rev. Stat. 1989, ch. 122, par. 126-2a), the Department shall notify the superintendent of the school district in which the child resides and the superintendent of the educational service region in which the child resides.

 

(Source:  Amended at 14 Ill. Reg. 19827, effective November 28, 1990)

 

Section 300.150  Referral for Services

 

a)         When an investigative worker determines that a report is indicated, the parents or caregivers may be given the opportunity to cooperate with the Department through services provided or arranged for by the Department. When the parents or caregivers are unwilling or unable to cooperate, or when legal custody or guardianship through the Department is necessary to protect the child, the worker may seek court intervention.

 

b)         When the investigative worker determines that a report is unfounded but the family, including a relative caregiver, may need services, the worker shall:

 

1)         inform the family of available child welfare services and refer the family for services, if requested; or

 

2)         provide information regarding other community resources.

 

c)         If the report is unfounded and the family does not want services, the worker shall make no recommendation for additional services.

 

d)         The Department may offer services to any child or family, including a relative caregiver, who is the subject of the report of child abuse or neglect prior to making a determination of indicated or unfounded when the family is in immediate need of services or there is an imminent danger to the child's life or health.  However, the child's or family's willingness to accept services shall not be considered in making the determination of indicated or unfounded.

 

e)         When the State Central Register does not accept a report of abuse or neglect because the sole reason for the report was that a child was left in the care of a relative, the State Central Register shall:

 

1)         inform the relative of available child welfare services and refer the relative for services, if requested; or

 

2)         provide information to the relative regarding other community resources.

 

(Source:  Amended at 19 Ill. Reg. 10522, effective July 1, 1995)