Public Act 098-0067
 
HB2771 EnrolledLRB098 09132 KTG 39270 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),  personnel of institutions of 
higher education, 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 or athletic program
or facility 
personnel, early intervention provider as defined in the Early 
Intervention Services System Act, 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.

    Any physician, physician's assistant, registered nurse, 
licensed practical nurse, medical technician, certified 
nursing assistant, social worker, or licensed professional 
counselor of any office, clinic, or any other physical location 
that provides abortions, abortion referrals, or contraceptives 
having reasonable cause to believe a child known to him or her 
in his or her 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.
    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. 

    The reporting requirements of this Act shall not apply to 
the contents of a privileged communication between an attorney 
and his or her client or to confidential information within the 
meaning of Rule 1.6 of the Illinois Rules of Professional 
Conduct relating to the legal representation of an individual 
client. 
    A member of the clergy may claim the privilege under 
Section 8-803 of the
Code of Civil Procedure.

    Any office, clinic, or any other physical location that 
provides abortions, abortion referrals, or contraceptives 
shall provide to all office personnel copies of written 
information and training materials about abuse and neglect and 
the requirements of this Act that are provided to employees of 
the office, clinic, or physical location who are required to 
make reports to the Department under this Act, and instruct 
such office personnel to bring to the attention of an employee 
of the office, clinic, or physical location who is required to 
make reports to the Department under this Act any reasonable 
suspicion that a child known to him or her in his or her 
professional or official capacity may be an abused child or a 
neglected child. 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 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 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. 96-494, eff. 8-14-09; 96-1446, eff. 8-20-10; 
97-189, eff. 7-22-11; 97-254, eff. 1-1-12; 97-387, eff. 
8-15-11; 97-711, eff. 6-27-12; 97-813, eff. 7-13-12; 97-1150, 
eff. 1-25-13.)

 

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