Public Act 097-0387
 
SB0106 EnrolledLRB097 00164 KTG 40179 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 4, 7, and 10 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,

Juvenile Justice, 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, animal control 
officer or Illinois Department of Agriculture Bureau of Animal 
Health and Welfare field  investigator, 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.

    Notwithstanding any other provision of this Act, if an 
employee of a school district has made a report or caused a 
report to be made to the Department under this Act involving 
the conduct of a current or former employee of the school 
district and a request is made by another school district for 
the provision of information concerning the job performance or 
qualifications of the current or former employee because he or 
she is an applicant for employment with the requesting school 
district, the general superintendent of the school district to 
which the request is being made must disclose to the requesting 
school district the fact that an employee of the school 
district has made a report involving the conduct of the 
applicant or caused a report to be made to the Department, as 
required under this Act. Only the fact that an employee of the 
school district has made a report involving the conduct of the 
applicant or caused a report to be made to the Department may 
be disclosed by the general superintendent of the school 
district to which the request for information concerning the 
applicant is made, and this fact may be disclosed only in cases 
where the employee and the general superintendent have not been 
informed by the Department that the allegations were unfounded. 
An employee of a school district who is or has been the subject 
of a report made pursuant to this Act during his or her 
employment with the school district must be informed by that 
school district that if he or she applies for employment with 
another school district, the general superintendent of the 
former school district, upon the request of the school district 
to which the employee applies, shall notify that requesting 
school district that the employee is or was the subject of such 
a report.

    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 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. 

    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.

    Nothing in this Act prohibits a mandated reporter who 
reasonably believes that an animal is being abused or neglected 
in violation of the Humane Care for Animals Act from reporting 
animal abuse or neglect to the Department of Agriculture's 
Bureau of Animal Health and Welfare.
    A home rule unit may not regulate the reporting of child 
abuse or neglect in a manner inconsistent with the provisions 
of this Section. This Section is a limitation under subsection 
(i) of Section 6 of Article VII of the Illinois Constitution on 
the concurrent exercise by home rule units of powers and 
functions exercised by the State. 
    For purposes of this Section "child abuse or neglect" 
includes abuse or neglect of an adult resident as defined in 
this Act. 
(Source: P.A. 95-10, eff. 6-30-07; 95-461, eff. 8-27-07; 
95-876, eff. 8-21-08; 95-908, eff. 8-26-08; 96-494, eff. 
8-14-09; 96-1446, eff. 8-20-10.)

 



    (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 1961.  
A first violation of this
subsection is a Class A misdemeanor, 
punishable by a term of imprisonment
for up to one year, or by 
a fine not to exceed $1,000, or by both such term
and fine. A 
second or subsequent violation 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.

    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. 95-57, eff. 8-10-07; 96-1446, eff. 8-20-10.)

 



    (325 ILCS 5/10)  (from Ch. 23, par. 2060)



    Sec. 10. 
Any person who makes a report or who investigates 
a report under
this 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 under
Section 4 of this Act 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 under
this Act and any person who is required to 
report a suspected case of abuse or neglect under Section 4 of 
this Act or the person making or investigating the report.

(Source: P.A. 86-904.)

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