093_HB1284eng HB1284 Engrossed LRB093 07431 DRJ 07595 b 1 AN ACT in relation to children. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Abused and Neglected Child Reporting Act 5 is amended by changing Section 4 as follows: 6 (325 ILCS 5/4) (from Ch. 23, par. 2054) 7 Sec. 4. Persons required to report; privileged 8 communications; transmitting false report. Any physician, 9 resident, intern, hospital, hospital administrator and 10 personnel engaged in examination, care and treatment of 11 persons, surgeon, dentist, dentist hygienist, osteopath, 12 chiropractor, podiatrist, physician assistant, substance 13 abuse treatment personnel, Christian Science practitioner, 14 funeral home director or employee, coroner, medical examiner, 15 emergency medical technician, acupuncturist, crisis line or 16 hotline personnel, school personnel, educational advocate 17 assigned to a child pursuant to the School Code, truant 18 officers, social worker, social services administrator, 19 domestic violence program personnel, registered nurse, 20 licensed practical nurse, respiratory care practitioner, 21 advanced practice nurse, home health aide, director or staff 22 assistant of a nursery school or a child day care center, 23 recreational program or facility personnel, law enforcement 24 officer, licensed professional counselor, licensed clinical 25 professional counselor, registered psychologist and 26 assistants working under the direct supervision of a 27 psychologist, psychiatrist, or field personnel of the 28 Illinois Department of Public Aid, Public Health, Human 29 Services (acting as successor to the Department of Mental 30 Health and Developmental Disabilities, Rehabilitation 31 Services, or Public Aid), Corrections, Human Rights, or HB1284 Engrossed -2- LRB093 07431 DRJ 07595 b 1 Children and Family Services, supervisor and administrator of 2 general assistance under the Illinois Public Aid Code, 3 probation officer, or any other foster parent, homemaker or 4 child care worker having reasonable cause to believe a child 5 known to them in their professional or official capacity may 6 be an abused child or a neglected child shall immediately 7 report or cause a report to be made to the Department. 8 Any member of the clergy having reasonable cause to 9 believe that a child known to that member of the clergy in 10 his or her professional capacity may be an abused child as 11 defined in item (c) of the definition of "abused child" in 12 Section 3 of this Act shall immediately report or cause a 13 report to be made to the Department. 14 Whenever such person is required to report under this Act 15 in his capacity as a member of the staff of a medical or 16 other public or private institution, school, facility or 17 agency, or as a member of the clergy, he shall make report 18 immediately to the Department in accordance with the 19 provisions of this Act and may also notify the person in 20 charge of such institution, school, facility or agency, or 21 church, synagogue, temple, mosque, or other religious 22 institution, or his designated agent that such report has 23 been made. Under no circumstances shall any person in charge 24 of such institution, school, facility or agency, or church, 25 synagogue, temple, mosque, or other religious institution, or 26 his designated agent to whom such notification has been made, 27 exercise any control, restraint, modification or other change 28 in the report or the forwarding of such report to the 29 Department. 30 The privileged quality of communication between any 31 professional person required to report and his patient or 32 client shall not apply to situations involving abused or 33 neglected children and shall not constitute grounds for 34 failure to report as required by this Act. HB1284 Engrossed -3- LRB093 07431 DRJ 07595 b 1 A member of the clergy may claim the privilege under 2 Section 8-803 of the Code of Civil Procedure. 3 In addition to the above persons required to report 4 suspected cases of abused or neglected children, any other 5 person may make a report if such person has reasonable cause 6 to believe a child may be an abused child or a neglected 7 child. 8 Any person who enters into employment on and after July 9 1, 1986 and is mandated by virtue of that employment to 10 report under this Act, shall sign a statement on a form 11 prescribed by the Department, to the effect that the employee 12 has knowledge and understanding of the reporting requirements 13 of this Act. The statement shall be signed prior to 14 commencement of the employment. The signed statement shall 15 be retained by the employer. The cost of printing, 16 distribution, and filing of the statement shall be borne by 17 the employer. 18 The Department shall provide copies of this Act, upon 19 request, to all employers employing persons who shall be 20 required under the provisions of this Section to report under 21 this Act. 22 Any person who knowingly transmits a false report to the 23 Department commits the offense of disorderly conduct under 24 subsection (a)(7) of Section 26-1 of the "Criminal Code of 25 1961". Any person who violates this provision a second or 26 subsequent time shall be guilty of a Class 4 felony. 27 Any person who knowingly and willfully violates any 28 provision of this Section other than a second or subsequent 29 violation of transmitting a false report as described in the 30 preceding paragraph, is guilty of a Class A misdemeanor for a 31 first violation and a Class 4 felony for a second or 32 subsequent violation. 33 A child whose parent, guardian or custodian in good faith 34 selects and depends upon spiritual means through prayer HB1284 Engrossed -4- LRB093 07431 DRJ 07595 b 1 alone for the treatment or cure of disease or remedial care 2 may be considered neglected or abused, but not for the sole 3 reason that his parent, guardian or custodian accepts and 4 practices such beliefs. 5 A child shall not be considered neglected or abused 6 solely because the child is not attending school in 7 accordance with the requirements of Article 26 of the School 8 Code, as amended. 9 (Source: P.A. 91-259, eff. 1-1-00; 91-516, eff. 8-13-99; 10 92-16, eff. 6-28-01; 92-801, eff. 8-16-02.) 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.