Public Act 101-0583
 
SB1239 EnrolledLRB101 04962 KTG 49971 b


  
    AN ACT concerning children.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Abused and Neglected Child Reporting Act is 
amended  by changing Sections 7 and 7.3 as follows:
 



    (325 ILCS 5/7)  (from Ch. 23, par. 2057)



    Sec. 7. Time and manner of making reports. All reports of 
suspected
child abuse or neglect made
under this Act shall be 
made immediately by telephone to the central register

established under Section 7.7 on the single, State-wide, 
toll-free telephone
number established in Section 7.6, or in 
person or by telephone through
the nearest Department office.  
The Department shall, in cooperation with
school officials, 
distribute
appropriate materials in school buildings
listing 
the toll-free telephone number established in Section 7.6,

including methods of making a report under this Act.
The 
Department may, in cooperation with appropriate members of the 
clergy,
distribute appropriate materials in churches, 
synagogues, temples, mosques, or
other religious buildings 
listing the toll-free telephone number
established in Section 
7.6, including methods of making a report under this
Act.

    Wherever the Statewide number is posted, there shall also 
be posted the
following notice:

    "Any person who knowingly transmits a false report to the 
Department
commits the offense of disorderly conduct under 
subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012.  
A violation of this subsection is a Class 4 felony."

    The report required by this Act shall include, if known, 
the name
and address of the child and his parents or other 
persons having his
custody; the child's age; the nature of the 
child's condition including any
evidence of previous injuries 
or disabilities; and any other information
that the person 
filing the report believes might be helpful in
establishing the 
cause of such abuse or neglect and the identity of the
person 
believed to have caused such abuse or neglect. Reports made to 
the
central register through the State-wide, toll-free 
telephone number shall
be immediately transmitted by the 
Department to the appropriate Child Protective Service
Unit.  
All such reports alleging the death of a child,
serious injury 
to a child including, but not limited to, brain damage,
skull 
fractures, subdural hematomas, and internal injuries, torture 
of a
child, malnutrition of a child, and sexual abuse to a 
child, including, but
not limited to, sexual intercourse, 
sexual exploitation, sexual
molestation, and sexually 
transmitted disease in a child age
12 and under, shall also be 
immediately transmitted by the Department to the appropriate 
local law enforcement agency. The Department shall within 24 
hours orally notify local law
enforcement personnel and the 
office of the State's Attorney of the
involved county of the 
receipt of any report alleging the death of a child,
serious 
injury to a child including, but not limited to, brain damage,

skull fractures, subdural hematomas, and, internal injuries, 
torture of a
child, malnutrition of a child, and sexual abuse 
to a child, including, but
not limited to, sexual intercourse, 
sexual exploitation, sexual
molestation, and sexually 
transmitted disease in a child age
twelve and under.  All
oral 
reports made by the Department to local law enforcement 
personnel and
the office of the State's Attorney of the 
involved county shall be
confirmed in writing within 24

hours 
of the oral report.  All reports by
persons mandated to report 
under this Act shall be confirmed in writing to
the appropriate 
Child Protective Service Unit, which may be on forms
supplied 
by the Department, within 48 hours of any initial report.

    Any report received by the Department alleging the abuse or 
neglect of a child by a person who is not the child's parent, a 
member of the child's immediate family, a person responsible 
for the child's welfare, an individual residing in the same 
home as the child, or a paramour of the child's parent shall 
immediately be referred to the appropriate local law 
enforcement agency for consideration of criminal investigation 
or other action. 
    Written confirmation reports from persons not required to 
report by this
Act may be made to the appropriate Child 
Protective Service Unit.  Written
reports from persons required 
by this Act to report shall be admissible
in evidence in any 
judicial proceeding or administrative hearing  relating to 
child abuse or neglect.
Reports involving known or suspected 
child abuse or neglect in public or
private residential 
agencies or institutions shall be made and received
in the same 
manner as all other reports made under this Act.

    For purposes of this Section "child" includes  an adult 
resident as defined in this Act. 
(Source: P.A. 96-1446, eff. 8-20-10; 97-189, eff. 7-22-11; 
97-387, eff. 8-15-11; 97-813, eff. 7-13-12; 97-1150, eff. 
1-25-13.)

 


    (325 ILCS 5/7.3)  (from Ch. 23, par. 2057.3)




    Sec. 7.3. (a) The Department shall be the sole agency 
responsible for receiving
and investigating reports of child 
abuse or neglect made under this Act,
including reports of 
adult resident abuse or neglect as defined in this Act, except 
where investigations by other agencies may be required with

respect to reports alleging the abuse or neglect of a child by 
a person who is not the child's parent, a member of the child's 
immediate family, a person responsible for the child's welfare, 
an individual residing in the same home as the child, or a 
paramour of the child's parent, the death of a child, serious 
injury to a child
or sexual abuse to a child made pursuant to 
Sections 4.1 or 7 of this Act,
and except that the Department 
may delegate the performance of the
investigation to the 
Department of State Police, a law enforcement agency
and to 
those private social service agencies which have been 
designated for
this purpose by the Department prior to July 1, 
1980.

    (b) Notwithstanding any other provision of this Act, the 
Department shall adopt rules expressly allowing law 
enforcement personnel to investigate reports of suspected 
child abuse or neglect concurrently with the Department, 
without regard to whether the Department determines a report to 
be "indicated" or "unfounded" or deems a report  to be 
"undetermined".

    (c) By June 1, 2016, the Department shall adopt rules that 
address and set forth criteria and standards relevant to 
investigations of reports of abuse or neglect committed by any 
agency, as defined in Section 3 of this Act, or person working 
for an agency responsible for the welfare of a child or adult 
resident. 
(Source: P.A. 99-350, eff. 6-1-16.)