Public Act 095-0461
 		





SB1428 Enrolled
LRB095 11074 DRJ 31400 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 Section 4 as follows:
 



    (325 ILCS 5/4)  (from Ch. 23, par. 2054)


    Sec. 4. Persons required to report; privileged 
communications;
transmitting false report.  Any physician, 
resident, intern, hospital,
hospital administrator
and 
personnel engaged in examination, care and treatment of 
persons, surgeon,
dentist, dentist hygienist, osteopath, 
chiropractor, podiatrist, physician
assistant, substance abuse 
treatment personnel, funeral home
director or employee, 
coroner, medical examiner, emergency medical technician,

acupuncturist, crisis line or hotline personnel, school 
personnel (including administrators and both certified and 
non-certified school employees), educational
advocate assigned 
to a child pursuant to the School Code, member of a school 
board or the Chicago Board of Education or the governing body 
of a private school (but only to the extent required in 
accordance with other provisions of this Section expressly  
concerning the duty of school board members to report suspected 
child abuse), truant officers,
social worker, social services 
administrator,
domestic violence program personnel, registered 
nurse, licensed
practical nurse, genetic counselor,

respiratory care practitioner, advanced practice nurse, home

health aide, director or staff
assistant of a nursery school or 
a child day care center, recreational program
or facility 
personnel, law enforcement officer, licensed professional

counselor, licensed clinical professional counselor, 
registered psychologist
and
assistants working under the 
direct supervision of a psychologist,
psychiatrist, or field 
personnel of the Department of Healthcare and Family Services,

Public Health, Human Services (acting as successor to the 
Department of Mental
Health and Developmental Disabilities, 
Rehabilitation Services, or Public Aid),
Corrections, Human 
Rights, or Children and Family Services, supervisor and

administrator of general assistance under the Illinois Public 
Aid Code,
probation officer, or any other foster parent, 
homemaker or child care worker
having reasonable cause to 
believe a child known to them in their professional
or official 
capacity may be an abused child or a neglected child shall

immediately report or cause a report to be made to the 
Department.

    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 item 
(c) of the definition of "abused child" in
Section 3 of this 
Act shall immediately report or cause a report to be made to

the Department.

    If an allegation is raised to a school board member during 
the course of an open or closed school board meeting that a 
child who is enrolled in the school district of which he or she 
is a board member is an abused child as defined in Section 3 of 
this Act, the member shall direct or cause the school board to 
direct the superintendent of the school district or other 
equivalent school administrator to comply with the 
requirements of this Act concerning the reporting of child 
abuse. For purposes of this paragraph, a school board member is 
granted the authority in his or her individual capacity to 
direct the superintendent of the school district or other 
equivalent school administrator to comply with the 
requirements of this Act concerning the reporting of child 
abuse.

    Whenever
such person is required to report under this Act 
in his 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 the provisions of this 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
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 his
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.

    The privileged quality of communication between any 
professional
person required to report
and his 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 this Act.

    A member of the clergy may claim the privilege under 
Section 8-803 of the
Code of Civil Procedure.

    In addition to the above persons required to
report 
suspected cases of abused or neglected children, any other 
person
may make a report if such person has reasonable cause to 
believe a child
may be an abused child or a neglected child.

    Any person who enters into
employment on and after July 1, 
1986 and is mandated by virtue of that
employment to report 
under this Act, shall sign a statement on a form
prescribed by 
the Department, to the effect that the employee has knowledge

and understanding of the reporting requirements of this Act.  
The statement
shall be signed prior to commencement of the 
employment.  The signed
statement shall be retained by the 
employer.  The cost of printing,
distribution, and filing of the 
statement shall be borne by the employer.

    The Department shall provide copies of this Act, upon 
request, to all
employers employing persons who shall be 
required under the provisions of
this Section to report under 
this Act.

    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 
1961". Any person who violates this
provision a second or 
subsequent time shall be guilty of a Class 3
felony.

    Any person who knowingly and willfully violates any 
provision of this
Section other than a second or subsequent 
violation of transmitting a
false report as described in the

preceding paragraph, is guilty of a
Class A misdemeanor for
a 
first violation and a Class
4 felony for a
second or subsequent 
violation; except that if the person acted as part
of a plan or 
scheme having as its object the
prevention of discovery of an 
abused or neglected child by lawful authorities
for the
purpose 
of protecting or insulating any person or entity from arrest or

prosecution, the
person is guilty of a Class 4 felony for a 
first offense and a Class 3 felony
for a second or
subsequent 
offense (regardless of whether the second or subsequent offense

involves any
of the same facts or persons as the first or other 
prior offense).

    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.

    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, as amended.

(Source: P.A. 93-137, eff. 7-10-03; 93-356, eff. 7-24-03; 
93-431, eff. 8-5-03; 93-1041, eff. 9-29-04; 94-888, eff. 
6-20-06.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.