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1 | AN ACT concerning children.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Department of Human Services Act is amended | ||||||
5 | by changing Section 1-17 as follows:
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6 | (20 ILCS 1305/1-17)
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7 | (Text of Section before amendment by P.A. 96-339 ) | ||||||
8 | Sec. 1-17. Inspector General. | ||||||
9 | (a) Nature and purpose. It is the express intent of the | ||||||
10 | General Assembly to ensure the health, safety, and financial | ||||||
11 | condition of individuals receiving services in this State due | ||||||
12 | to mental illness, developmental disability, or both by | ||||||
13 | protecting those persons from acts of abuse, neglect, or both | ||||||
14 | by service providers. To that end, the Office of the Inspector | ||||||
15 | General for the Department of Human Services is created to | ||||||
16 | investigate and report upon allegations of the abuse, neglect, | ||||||
17 | or financial exploitation of individuals receiving services | ||||||
18 | within mental health facilities, developmental disabilities | ||||||
19 | facilities, and community agencies operated, licensed, funded | ||||||
20 | or certified by the Department of Human Services, but not | ||||||
21 | licensed or certified by any other State agency. It is also the | ||||||
22 | express intent of the General Assembly to authorize the | ||||||
23 | Inspector General to investigate alleged or suspected cases of |
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1 | abuse, neglect, or financial exploitation of adults with | ||||||
2 | disabilities living in domestic settings in the community under | ||||||
3 | the Abuse of Adults with Disabilities Intervention Act. | ||||||
4 | (b) Definitions. The following definitions apply to this | ||||||
5 | Section: | ||||||
6 | "Adult student with a disability" means an adult student, | ||||||
7 | age 18 through 21, inclusive, with an Individual Education | ||||||
8 | Program, other than a resident of a facility licensed by the | ||||||
9 | Department of Children and Family Services in accordance with | ||||||
10 | the Child Care Act of 1969. For purposes of this definition, | ||||||
11 | "through age 21, inclusive", means through the day before the | ||||||
12 | student's 22nd birthday. | ||||||
13 | "Agency" or "community agency" means (i) a community agency | ||||||
14 | licensed, funded, or certified by the Department, but not | ||||||
15 | licensed or certified by any other human services agency of the | ||||||
16 | State, to provide mental health service or developmental | ||||||
17 | disabilities service, or (ii) a program licensed, funded, or | ||||||
18 | certified by the Department, but not licensed or certified by | ||||||
19 | any other human services agency of the State, to provide mental | ||||||
20 | health service or developmental disabilities service. | ||||||
21 | "Aggravating circumstance" means a factor that is | ||||||
22 | attendant to a finding and that tends to compound or increase | ||||||
23 | the culpability of the accused. | ||||||
24 | "Allegation" means an assertion, complaint, suspicion, or | ||||||
25 | incident involving any of the following conduct by an employee, | ||||||
26 | facility, or agency against an individual or individuals: |
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1 | mental abuse, physical abuse, sexual abuse, neglect, or | ||||||
2 | financial exploitation. | ||||||
3 | "Day" means working day, unless otherwise specified. | ||||||
4 | "Deflection" means a situation in which an individual is | ||||||
5 | presented for admission to a facility or agency, and the | ||||||
6 | facility staff or agency staff do not admit the individual. | ||||||
7 | "Deflection" includes triage, redirection, and denial of | ||||||
8 | admission. | ||||||
9 | "Department" means the Department of Human Services. | ||||||
10 | "Developmentally disabled" means having a developmental | ||||||
11 | disability. | ||||||
12 | "Developmental disability" means "developmental | ||||||
13 | disability" as defined in the Mental Health and Developmental | ||||||
14 | Disabilities Code. | ||||||
15 | "Egregious neglect" means a finding of neglect as | ||||||
16 | determined by the Inspector General that (i) represents a gross | ||||||
17 | failure to adequately provide for, or a callused indifference | ||||||
18 | to, the health, safety, or medical needs of an individual and | ||||||
19 | (ii) results in an individual's death or other serious | ||||||
20 | deterioration of an individual's physical condition or mental | ||||||
21 | condition. | ||||||
22 | "Employee" means any person who provides services at the | ||||||
23 | facility or agency on-site or off-site. The service | ||||||
24 | relationship can be with the individual or with the facility or | ||||||
25 | agency. Also, "employee" includes any employee or contractual | ||||||
26 | agent of the Department of Human Services or the community |
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1 | agency involved in providing or monitoring or administering | ||||||
2 | mental health or developmental disability services. This | ||||||
3 | includes but is not limited to: owners, operators, payroll | ||||||
4 | personnel, contractors, subcontractors, and volunteers. | ||||||
5 | "Facility" or "State-operated facility" means a mental | ||||||
6 | health facility or developmental disabilities facility | ||||||
7 | operated by the Department. | ||||||
8 | "Financial exploitation" means taking unjust advantage of | ||||||
9 | an individual's assets, property, or financial resources | ||||||
10 | through deception, intimidation, or conversion for the | ||||||
11 | employee's, facility's, or agency's own advantage or benefit. | ||||||
12 | "Finding" means the Office of Inspector General's | ||||||
13 | determination regarding whether an allegation is | ||||||
14 | substantiated, unsubstantiated, or unfounded. | ||||||
15 | "Health care worker registry" or "registry" means the | ||||||
16 | health care worker registry created by the Nursing Home Care | ||||||
17 | Act. | ||||||
18 | "Individual" means any person receiving mental health | ||||||
19 | service, developmental disabilities service, or both from a | ||||||
20 | facility or agency, while either on-site or off-site. | ||||||
21 | "Mental abuse" means the use of demeaning, intimidating, or | ||||||
22 | threatening words, signs, gestures, or other actions by an | ||||||
23 | employee about an individual and in the presence of an | ||||||
24 | individual or individuals that results in emotional distress or | ||||||
25 | maladaptive behavior, or could have resulted in emotional | ||||||
26 | distress or maladaptive behavior, for any individual present. |
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1 | "Mental illness" means "mental illness" as defined in the | ||||||
2 | Mental Health and Developmental Disabilities Code. | ||||||
3 | "Mentally ill" means having a mental illness. | ||||||
4 | "Mitigating circumstance" means a condition that (i) is | ||||||
5 | attendant to a finding, (ii) does not excuse or justify the | ||||||
6 | conduct in question, but (iii) may be considered in evaluating | ||||||
7 | the severity of the conduct, the culpability of the accused, or | ||||||
8 | both the severity of the conduct and the culpability of the | ||||||
9 | accused. | ||||||
10 | "Neglect" means an employee's, agency's, or facility's | ||||||
11 | failure to provide adequate medical care, personal care, or | ||||||
12 | maintenance and that, as a consequence, (i) causes an | ||||||
13 | individual pain, injury, or emotional distress, (ii) results in | ||||||
14 | either an individual's maladaptive behavior or the | ||||||
15 | deterioration of an individual's physical condition or mental | ||||||
16 | condition, or (iii) places the individual's health or safety at | ||||||
17 | substantial risk. | ||||||
18 | "Physical abuse" means an employee's non-accidental and | ||||||
19 | inappropriate contact with an individual that causes bodily | ||||||
20 | harm. "Physical abuse" includes actions that cause bodily harm | ||||||
21 | as a result of an employee directing an individual or person to | ||||||
22 | physically abuse another individual. | ||||||
23 | "Recommendation" means an admonition, separate from a | ||||||
24 | finding, that requires action by the facility, agency, or | ||||||
25 | Department to correct a systemic issue, problem, or deficiency | ||||||
26 | identified during an investigation. |
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1 | "Required reporter" means any employee who suspects, | ||||||
2 | witnesses, or is informed of an allegation of any one or more | ||||||
3 | of the following: mental abuse, physical abuse, sexual abuse, | ||||||
4 | neglect, or financial exploitation. | ||||||
5 | "Secretary" means the Chief Administrative Officer of the | ||||||
6 | Department. | ||||||
7 | "Sexual abuse" means any sexual contact or intimate | ||||||
8 | physical contact between an employee and an individual, | ||||||
9 | including an employee's coercion or encouragement of an | ||||||
10 | individual to engage in sexual behavior that results in sexual | ||||||
11 | contact, intimate physical contact, sexual behavior, or | ||||||
12 | intimate physical behavior. | ||||||
13 | "Substantiated" means there is a preponderance of the | ||||||
14 | evidence to support the allegation. | ||||||
15 | "Unfounded" means there is no credible evidence to support | ||||||
16 | the allegation. | ||||||
17 | "Unsubstantiated" means there is credible evidence, but | ||||||
18 | less than a preponderance of evidence to support the | ||||||
19 | allegation. | ||||||
20 | (c) Appointment. The Governor shall appoint, and the Senate | ||||||
21 | shall confirm, an Inspector General. The Inspector General | ||||||
22 | shall be appointed for a term of 4 years and shall function | ||||||
23 | within the Department of Human Services and report to the | ||||||
24 | Secretary and the Governor. | ||||||
25 | (d) Operation and appropriation. The Inspector General | ||||||
26 | shall function independently within the Department with |
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1 | respect to the operations of the Office, including the | ||||||
2 | performance of investigations and issuance of findings and | ||||||
3 | recommendations. The appropriation for the Office of Inspector | ||||||
4 | General shall be separate from the overall appropriation for | ||||||
5 | the Department. | ||||||
6 | (e) Powers and duties. The Inspector General shall | ||||||
7 | investigate reports of suspected mental abuse, physical abuse, | ||||||
8 | sexual abuse, neglect, or financial exploitation of | ||||||
9 | individuals in any mental health or developmental disabilities | ||||||
10 | facility or agency and shall have authority to take immediate | ||||||
11 | action to prevent any one or more of the following from | ||||||
12 | happening to individuals under its jurisdiction: mental abuse, | ||||||
13 | physical abuse, sexual abuse, neglect, or financial | ||||||
14 | exploitation. Upon written request of an agency of this State, | ||||||
15 | the Inspector General may assist another agency of the State in | ||||||
16 | investigating reports of the abuse, neglect, or abuse and | ||||||
17 | neglect of persons with mental illness, persons with | ||||||
18 | developmental disabilities, or persons with both. To comply | ||||||
19 | with the requirements of subsection (k) of this Section, the | ||||||
20 | Inspector General shall also review all reportable deaths for | ||||||
21 | which there is no allegation of abuse or neglect. Nothing in | ||||||
22 | this Section shall preempt any duties of the Medical Review | ||||||
23 | Board set forth in the Mental Health and Developmental | ||||||
24 | Disabilities Code. The Inspector General shall have no | ||||||
25 | authority to investigate alleged violations of the State | ||||||
26 | Officials and Employees Ethics Act. Allegations of misconduct |
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1 | under the State Officials and Employees Ethics Act shall be | ||||||
2 | referred to the Office of the Governor's Executive Inspector | ||||||
3 | General for investigation. | ||||||
4 | (f) Limitations. The Inspector General shall not conduct an | ||||||
5 | investigation within an agency or facility if that | ||||||
6 | investigation would be redundant to or interfere with an | ||||||
7 | investigation conducted by another State agency. The Inspector | ||||||
8 | General shall have no supervision over, or involvement in, the | ||||||
9 | routine programmatic, licensing, funding, or certification | ||||||
10 | operations of the Department. Nothing in this subsection limits | ||||||
11 | investigations by the Department that may otherwise be required | ||||||
12 | by law or that may be necessary in the Department's capacity as | ||||||
13 | central administrative authority responsible for the operation | ||||||
14 | of the State's mental health and developmental disabilities | ||||||
15 | facilities. | ||||||
16 | (g) Rulemaking authority. The Inspector General shall | ||||||
17 | promulgate rules establishing minimum requirements for | ||||||
18 | reporting allegations as well as for initiating, conducting, | ||||||
19 | and completing investigations based upon the nature of the | ||||||
20 | allegation or allegations. The rules shall clearly establish | ||||||
21 | that if 2 or more State agencies could investigate an | ||||||
22 | allegation, the Inspector General shall not conduct an | ||||||
23 | investigation that would be redundant to, or interfere with, an | ||||||
24 | investigation conducted by another State agency. The rules | ||||||
25 | shall further clarify the method and circumstances under which | ||||||
26 | the Office of Inspector General may interact with the |
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1 | licensing, funding, or certification units of the Department in | ||||||
2 | preventing further occurrences of mental abuse, physical | ||||||
3 | abuse, sexual abuse, neglect, egregious neglect, and financial | ||||||
4 | exploitation. | ||||||
5 | (h) Training programs. The Inspector General shall (i) | ||||||
6 | establish a comprehensive program to ensure that every person | ||||||
7 | authorized to conduct investigations receives ongoing training | ||||||
8 | relative to investigation techniques, communication skills, | ||||||
9 | and the appropriate means of interacting with persons receiving | ||||||
10 | treatment for mental illness, developmental disability, or | ||||||
11 | both mental illness and developmental disability, and (ii) | ||||||
12 | establish and conduct periodic training programs for facility | ||||||
13 | and agency employees concerning the prevention and reporting of | ||||||
14 | any one or more of the following: mental abuse, physical abuse, | ||||||
15 | sexual abuse, neglect, egregious neglect, or financial | ||||||
16 | exploitation. Nothing in this Section shall be deemed to | ||||||
17 | prevent the Office of Inspector General from conducting any | ||||||
18 | other training as determined by the Inspector General to be | ||||||
19 | necessary or helpful. | ||||||
20 | (i) Duty to cooperate. | ||||||
21 | (1) The Inspector General shall at all times be granted | ||||||
22 | access to any facility or agency for the purpose of | ||||||
23 | investigating any allegation, conducting unannounced site | ||||||
24 | visits, monitoring compliance with a written response, or | ||||||
25 | completing any other statutorily assigned duty. The | ||||||
26 | Inspector General shall conduct unannounced site visits to |
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1 | each facility at least annually for the purpose of | ||||||
2 | reviewing and making recommendations on systemic issues | ||||||
3 | relative to preventing, reporting, investigating, and | ||||||
4 | responding to all of the following: mental abuse, physical | ||||||
5 | abuse, sexual abuse, neglect, egregious neglect, or | ||||||
6 | financial exploitation. | ||||||
7 | (2) Any employee who fails to cooperate with an Office | ||||||
8 | of the Inspector General investigation is in violation of | ||||||
9 | this Act. Failure to cooperate with an investigation | ||||||
10 | includes, but is not limited to, any one or more of the | ||||||
11 | following: (i) creating and transmitting a false report to | ||||||
12 | the Office of the Inspector General hotline, (ii) providing | ||||||
13 | false information to an Office of the Inspector General | ||||||
14 | Investigator during an investigation, (iii) colluding with | ||||||
15 | other employees to cover up evidence, (iv) colluding with | ||||||
16 | other employees to provide false information to an Office | ||||||
17 | of the Inspector General investigator, (v) destroying | ||||||
18 | evidence, (vi) withholding evidence, or (vii) otherwise | ||||||
19 | obstructing an Office of the Inspector General | ||||||
20 | investigation. Additionally, any employee who, during an | ||||||
21 | unannounced site visit or written response compliance | ||||||
22 | check, fails to cooperate with requests from the Office of | ||||||
23 | the Inspector General is in violation of this Act. | ||||||
24 | (j) Subpoena powers. The Inspector General shall have the | ||||||
25 | power to subpoena witnesses and compel the production of all | ||||||
26 | documents and physical evidence relating to his or her |
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1 | investigations and any hearings authorized by this Act. This | ||||||
2 | subpoena power shall not extend to persons or documents of a | ||||||
3 | labor organization or its representatives insofar as the | ||||||
4 | persons are acting in a representative capacity to an employee | ||||||
5 | whose conduct is the subject of an investigation or the | ||||||
6 | documents relate to that representation. Any person who | ||||||
7 | otherwise fails to respond to a subpoena or who knowingly | ||||||
8 | provides false information to the Office of the Inspector | ||||||
9 | General by subpoena during an investigation is guilty of a | ||||||
10 | Class A misdemeanor. | ||||||
11 | (k) Reporting allegations and deaths. | ||||||
12 | (1) Allegations. If an employee witnesses, is told of, | ||||||
13 | or has reason to believe an incident of mental abuse, | ||||||
14 | physical abuse, sexual abuse, neglect, or financial | ||||||
15 | exploitation has occurred, the employee, agency, or | ||||||
16 | facility shall report the allegation by phone to the Office | ||||||
17 | of the Inspector General hotline according to the agency's | ||||||
18 | or facility's procedures, but in no event later than 4 | ||||||
19 | hours after the initial discovery of the incident, | ||||||
20 | allegation, or suspicion of any one or more of the | ||||||
21 | following: mental abuse, physical abuse, sexual abuse, | ||||||
22 | neglect, or financial exploitation. A required reporter as | ||||||
23 | defined in subsection (b) of this Section who knowingly or | ||||||
24 | intentionally fails to comply with these reporting | ||||||
25 | requirements is guilty of a Class A misdemeanor. | ||||||
26 | (2) Deaths. Absent an allegation, a required reporter |
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1 | shall, within 24 hours after initial discovery, report by | ||||||
2 | phone to the Office of the Inspector General hotline each | ||||||
3 | of the following: | ||||||
4 | (i) Any death of an individual occurring within 14 | ||||||
5 | calendar days after discharge or transfer of the | ||||||
6 | individual from a residential program or facility. | ||||||
7 | (ii) Any death of an individual occurring within 24 | ||||||
8 | hours after deflection from a residential program or | ||||||
9 | facility. | ||||||
10 | (iii) Any other death of an individual occurring at | ||||||
11 | an agency or facility or at any Department-funded site. | ||||||
12 | (3) Retaliation. It is a violation of this Act for any | ||||||
13 | employee or administrator of an agency or facility to take | ||||||
14 | retaliatory action against an employee who acts in good | ||||||
15 | faith in conformance with his or her duties as a required | ||||||
16 | reporter. | ||||||
17 | (l) Reporting to law enforcement. | ||||||
18 | (1) Reporting criminal acts. Within 24 hours after | ||||||
19 | determining that there is credible evidence indicating | ||||||
20 | that a criminal act may have been committed or that special | ||||||
21 | expertise may be required in an investigation, the | ||||||
22 | Inspector General shall notify the Department of State | ||||||
23 | Police or other appropriate law enforcement authority, or | ||||||
24 | ensure that such notification is made. The Department of | ||||||
25 | State Police shall investigate any report from a | ||||||
26 | State-operated facility indicating a possible murder, |
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1 | sexual assault, or other felony by an employee. All | ||||||
2 | investigations conducted by the Inspector General shall be | ||||||
3 | conducted in a manner designed to ensure the preservation | ||||||
4 | of evidence for possible use in a criminal prosecution. | ||||||
5 | (2) Reporting allegations of adult students with | ||||||
6 | disabilities. Upon receipt of a reportable allegation | ||||||
7 | regarding an adult student with a disability, the | ||||||
8 | Department's Office of the Inspector General shall | ||||||
9 | determine whether the allegation meets the criteria for the | ||||||
10 | Domestic Abuse Program under the Abuse of Adults with | ||||||
11 | Disabilities Intervention Act. If the allegation is | ||||||
12 | reportable to that program, the Office of the Inspector | ||||||
13 | General shall initiate an investigation. If the allegation | ||||||
14 | is not reportable to the Domestic Abuse Program, the Office | ||||||
15 | of the Inspector General shall make an expeditious referral | ||||||
16 | to the respective law enforcement entity. If the alleged | ||||||
17 | victim is already receiving services from the Department, | ||||||
18 | the Office of the Inspector General shall also make a | ||||||
19 | referral to the respective Department of Human Services' | ||||||
20 | Division or Bureau. | ||||||
21 | (m) Investigative reports. Upon completion of an | ||||||
22 | investigation, the Office of Inspector General shall issue an | ||||||
23 | investigative report identifying whether the allegations are | ||||||
24 | substantiated, unsubstantiated, or unfounded. Within 10 | ||||||
25 | business days after the transmittal of a completed | ||||||
26 | investigative report substantiating an allegation, or if a |
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1 | recommendation is made, the Inspector General shall provide the | ||||||
2 | investigative report on the case to the Secretary and to the | ||||||
3 | director of the facility or agency where any one or more of the | ||||||
4 | following occurred: mental abuse, physical abuse, sexual | ||||||
5 | abuse, neglect, egregious neglect, or financial exploitation. | ||||||
6 | In a substantiated case, the investigative report shall include | ||||||
7 | any mitigating or aggravating circumstances that were | ||||||
8 | identified during the investigation. If the case involves | ||||||
9 | substantiated neglect, the investigative report shall also | ||||||
10 | state whether egregious neglect was found. An investigative | ||||||
11 | report may also set forth recommendations. All investigative | ||||||
12 | reports prepared by the Office of the Inspector General shall | ||||||
13 | be considered confidential and shall not be released except as | ||||||
14 | provided by the law of this State or as required under | ||||||
15 | applicable federal law. Unsubstantiated and unfounded reports | ||||||
16 | shall not be disclosed except as allowed under Section 6 of the | ||||||
17 | Abused and Neglected Long Term Care Facility Residents | ||||||
18 | Reporting Act. Raw data used to compile the investigative | ||||||
19 | report shall not be subject to release unless required by law | ||||||
20 | or a court order. "Raw data used to compile the investigative | ||||||
21 | report" includes, but is not limited to, any one or more of the | ||||||
22 | following: the initial complaint, witness statements, | ||||||
23 | photographs, investigator's notes, police reports, or incident | ||||||
24 | reports. If the allegations are substantiated, the accused | ||||||
25 | shall be provided with a redacted copy of the investigative | ||||||
26 | report. Death reports where there was no allegation of abuse or |
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1 | neglect shall only be released pursuant to applicable State or | ||||||
2 | federal law or a valid court order. | ||||||
3 | (n) Written responses and reconsideration requests. | ||||||
4 | (1) Written responses. Within 30 calendar days from | ||||||
5 | receipt of a substantiated investigative report or an | ||||||
6 | investigative report which contains recommendations, | ||||||
7 | absent a reconsideration request, the facility or agency | ||||||
8 | shall file a written response that addresses, in a concise | ||||||
9 | and reasoned manner, the actions taken to: (i) protect the | ||||||
10 | individual; (ii) prevent recurrences; and (iii) eliminate | ||||||
11 | the problems identified. The response shall include the | ||||||
12 | implementation and completion dates of such actions. If the | ||||||
13 | written response is not filed within the allotted 30 | ||||||
14 | calendar day period, the Secretary shall determine the | ||||||
15 | appropriate corrective action to be taken. | ||||||
16 | (2) Reconsideration requests. The facility, agency, | ||||||
17 | victim or guardian, or the subject employee may request | ||||||
18 | that the Office of Inspector General reconsider or clarify | ||||||
19 | its finding based upon additional information. | ||||||
20 | (o) Disclosure of the finding by the Inspector General. The | ||||||
21 | Inspector General shall disclose the finding of an | ||||||
22 | investigation to the following persons: (i) the Governor, (ii) | ||||||
23 | the Secretary, (iii) the director of the facility or agency, | ||||||
24 | (iv) the alleged victims and their guardians, (v) the | ||||||
25 | complainant, and (vi) the accused. This information shall | ||||||
26 | include whether the allegations were deemed substantiated, |
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1 | unsubstantiated, or unfounded. | ||||||
2 | (p) Secretary review. Upon review of the Inspector | ||||||
3 | General's investigative report and any agency's or facility's | ||||||
4 | written response, the Secretary shall accept or reject the | ||||||
5 | written response and notify the Inspector General of that | ||||||
6 | determination. The Secretary may further direct that other | ||||||
7 | administrative action be taken, including, but not limited to, | ||||||
8 | any one or more of the following: (i) additional site visits, | ||||||
9 | (ii) training, (iii) provision of technical assistance | ||||||
10 | relative to administrative needs, licensure or certification, | ||||||
11 | or (iv) the imposition of appropriate sanctions. | ||||||
12 | (q) Action by facility or agency. Within 30 days of the | ||||||
13 | date the Secretary approves the written response or directs | ||||||
14 | that further administrative action be taken, the facility or | ||||||
15 | agency shall provide an implementation report to the Inspector | ||||||
16 | General that provides the status of the action taken. The | ||||||
17 | facility or agency shall be allowed an additional 30 days to | ||||||
18 | send notice of completion of the action or to send an updated | ||||||
19 | implementation report. If the action has not been completed | ||||||
20 | within the additional 30 day period, the facility or agency | ||||||
21 | shall send updated implementation reports every 60 days until | ||||||
22 | completion. The Inspector General shall conduct a review of any | ||||||
23 | implementation plan that takes more than 120 days after | ||||||
24 | approval to complete, and shall monitor compliance through a | ||||||
25 | random review of approved written responses, which may include, | ||||||
26 | but are not limited to: (i) site visits, (ii) telephone |
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1 | contact, and (iii) requests for additional documentation | ||||||
2 | evidencing compliance. | ||||||
3 | (r) Sanctions. Sanctions, if imposed by the Secretary under | ||||||
4 | Subdivision (p)(iv) of this Section, shall be designed to | ||||||
5 | prevent further acts of mental abuse, physical abuse, sexual | ||||||
6 | abuse, neglect, egregious neglect, or financial exploitation | ||||||
7 | or some combination of one or more of those acts at a facility | ||||||
8 | or agency, and may include any one or more of the following: | ||||||
9 | (1) Appointment of on-site monitors. | ||||||
10 | (2) Transfer or relocation of an individual or | ||||||
11 | individuals. | ||||||
12 | (3) Closure of units. | ||||||
13 | (4) Termination of any one or more of the following: | ||||||
14 | (i) Department licensing, (ii) funding, or (iii) | ||||||
15 | certification. | ||||||
16 | The Inspector General may seek the assistance of the | ||||||
17 | Illinois Attorney General or the office of any State's Attorney | ||||||
18 | in implementing sanctions. | ||||||
19 | (s) Health care worker registry. | ||||||
20 | (1) Reporting to the registry. The Inspector General | ||||||
21 | shall report to the Department of Public Health's health | ||||||
22 | care worker registry, a public registry, the identity and | ||||||
23 | finding of each employee of a facility or agency against | ||||||
24 | whom there is a final investigative report containing a | ||||||
25 | substantiated allegation of physical or sexual abuse or | ||||||
26 | egregious neglect of an individual. |
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1 | (2) Notice to employee. Prior to reporting the name of | ||||||
2 | an employee, the employee shall be notified of the | ||||||
3 | Department's obligation to report and shall be granted an | ||||||
4 | opportunity to request an administrative hearing, the sole | ||||||
5 | purpose of which is to determine if the substantiated | ||||||
6 | finding warrants reporting to the registry. Notice to the | ||||||
7 | employee shall contain a clear and concise statement of the | ||||||
8 | grounds on which the report to the registry is based, offer | ||||||
9 | the employee an opportunity for a hearing, and identify the | ||||||
10 | process for requesting such a hearing. Notice is sufficient | ||||||
11 | if provided by certified mail to the employee's last known | ||||||
12 | address. If the employee fails to request a hearing within | ||||||
13 | 30 days from the date of the notice, the Inspector General | ||||||
14 | shall report the name of the employee to the registry. | ||||||
15 | Nothing in this subdivision (s)(2) shall diminish or impair | ||||||
16 | the rights of a person who is a member of a collective | ||||||
17 | bargaining unit under the Illinois Public Labor Relations | ||||||
18 | Act or under any other federal labor statute. | ||||||
19 | (3) Registry hearings. If the employee requests an | ||||||
20 | administrative hearing, the employee shall be granted an | ||||||
21 | opportunity to appear before an administrative law judge to | ||||||
22 | present reasons why the employee's name should not be | ||||||
23 | reported to the registry. The Department shall bear the | ||||||
24 | burden of presenting evidence that establishes, by a | ||||||
25 | preponderance of the evidence, that the substantiated | ||||||
26 | finding warrants reporting to the registry. After |
| |||||||
| |||||||
1 | considering all the evidence presented, the administrative | ||||||
2 | law judge shall make a recommendation to the Secretary as | ||||||
3 | to whether the substantiated finding warrants reporting | ||||||
4 | the name of the employee to the registry. The Secretary | ||||||
5 | shall render the final decision. The Department and the | ||||||
6 | employee shall have the right to request that the | ||||||
7 | administrative law judge consider a stipulated disposition | ||||||
8 | of these proceedings. | ||||||
9 | (4) Testimony at registry hearings. A person who makes | ||||||
10 | a report or who investigates a report under this Act shall | ||||||
11 | testify fully in any judicial proceeding resulting from | ||||||
12 | such a report, as to any evidence of abuse or neglect, or | ||||||
13 | the cause thereof. No evidence shall be excluded by reason | ||||||
14 | of any common law or statutory privilege relating to | ||||||
15 | communications between the alleged perpetrator of abuse or | ||||||
16 | neglect, or the individual alleged as the victim in the | ||||||
17 | report, and the person making or investigating the report. | ||||||
18 | Testimony at hearings is exempt from the confidentiality | ||||||
19 | requirements of subsection (f) of Section 10 of the Mental | ||||||
20 | Health and Developmental Disabilities Confidentiality Act. | ||||||
21 | (5) Employee's rights to collateral action. No | ||||||
22 | reporting to the registry shall occur and no hearing shall | ||||||
23 | be set or proceed if an employee notifies the Inspector | ||||||
24 | General in writing, including any supporting | ||||||
25 | documentation, that he or she is formally contesting an | ||||||
26 | adverse employment action resulting from a substantiated |
| |||||||
| |||||||
1 | finding by complaint filed with the Illinois Civil Service | ||||||
2 | Commission, or which otherwise seeks to enforce the | ||||||
3 | employee's rights pursuant to any applicable collective | ||||||
4 | bargaining agreement. If an action taken by an employer | ||||||
5 | against an employee as a result of a finding of physical | ||||||
6 | abuse, sexual abuse, or egregious neglect is overturned | ||||||
7 | through an action filed with the Illinois Civil Service | ||||||
8 | Commission or under any applicable collective bargaining | ||||||
9 | agreement and if that employee's name has already been sent | ||||||
10 | to the registry, the employee's name shall be removed from | ||||||
11 | the registry. | ||||||
12 | (6) Removal from registry. At any time after the report | ||||||
13 | to the registry, but no more than once in any 12-month | ||||||
14 | period, an employee may petition the Department in writing | ||||||
15 | to remove his or her name from the registry. Upon receiving | ||||||
16 | notice of such request, the Inspector General shall conduct | ||||||
17 | an investigation into the petition. Upon receipt of such | ||||||
18 | request, an administrative hearing will be set by the | ||||||
19 | Department. At the hearing, the employee shall bear the | ||||||
20 | burden of presenting evidence that establishes, by a | ||||||
21 | preponderance of the evidence, that removal of the name | ||||||
22 | from the registry is in the public interest. The parties | ||||||
23 | may jointly request that the administrative law judge | ||||||
24 | consider a stipulated disposition of these proceedings. | ||||||
25 | (t) Review of Administrative Decisions. The Department | ||||||
26 | shall preserve a record of all proceedings at any formal |
| |||||||
| |||||||
1 | hearing conducted by the Department involving health care | ||||||
2 | worker registry hearings. Final administrative decisions of | ||||||
3 | the Department are subject to judicial review pursuant to | ||||||
4 | provisions of the Administrative Review Law. | ||||||
5 | (u) Quality Care Board. There is created, within the Office | ||||||
6 | of the Inspector General, a Quality Care Board to be composed | ||||||
7 | of 7 members appointed by the Governor with the advice and | ||||||
8 | consent of the Senate. One of the members shall be designated | ||||||
9 | as chairman by the Governor. Of the initial appointments made | ||||||
10 | by the Governor, 4 Board members shall each be appointed for a | ||||||
11 | term of 4 years and 3 members shall each be appointed for a | ||||||
12 | term of 2 years. Upon the expiration of each member's term, a | ||||||
13 | successor shall be appointed for a term of 4 years. In the case | ||||||
14 | of a vacancy in the office of any member, the Governor shall | ||||||
15 | appoint a successor for the remainder of the unexpired term. | ||||||
16 | Members appointed by the Governor shall be qualified by | ||||||
17 | professional knowledge or experience in the area of law, | ||||||
18 | investigatory techniques, or in the area of care of the | ||||||
19 | mentally ill or developmentally disabled. Two members | ||||||
20 | appointed by the Governor shall be persons with a disability or | ||||||
21 | a parent of a person with a disability. Members shall serve | ||||||
22 | without compensation, but shall be reimbursed for expenses | ||||||
23 | incurred in connection with the performance of their duties as | ||||||
24 | members. | ||||||
25 | The Board shall meet quarterly, and may hold other meetings | ||||||
26 | on the call of the chairman. Four members shall constitute a |
| |||||||
| |||||||
1 | quorum allowing the Board to conduct its business. The Board | ||||||
2 | may adopt rules and regulations it deems necessary to govern | ||||||
3 | its own procedures. | ||||||
4 | The Board shall monitor and oversee the operations, | ||||||
5 | policies, and procedures of the Inspector General to ensure the | ||||||
6 | prompt and thorough investigation of allegations of neglect and | ||||||
7 | abuse. In fulfilling these responsibilities, the Board may do | ||||||
8 | the following: | ||||||
9 | (1) Provide independent, expert consultation to the | ||||||
10 | Inspector General on policies and protocols for | ||||||
11 | investigations of alleged abuse, neglect, or both abuse and | ||||||
12 | neglect. | ||||||
13 | (2) Review existing regulations relating to the | ||||||
14 | operation of facilities. | ||||||
15 | (3) Advise the Inspector General as to the content of | ||||||
16 | training activities authorized under this Section. | ||||||
17 | (4) Recommend policies concerning methods for | ||||||
18 | improving the intergovernmental relationships between the | ||||||
19 | Office of the Inspector General and other State or federal | ||||||
20 | offices. | ||||||
21 | (v) Annual report. The Inspector General shall provide to | ||||||
22 | the General Assembly and the Governor, no later than January 1 | ||||||
23 | of each year, a summary of reports and investigations made | ||||||
24 | under this Act for the prior fiscal year with respect to | ||||||
25 | individuals receiving mental health or developmental | ||||||
26 | disabilities services. The report shall detail the imposition |
| |||||||
| |||||||
1 | of sanctions, if any, and the final disposition of any | ||||||
2 | corrective or administrative action directed by the Secretary. | ||||||
3 | The summaries shall not contain any confidential or identifying | ||||||
4 | information of any individual, but shall include objective data | ||||||
5 | identifying any trends in the number of reported allegations, | ||||||
6 | the timeliness of the Office of the Inspector General's | ||||||
7 | investigations, and their disposition, for each facility and | ||||||
8 | Department-wide, for the most recent 3-year time period. The | ||||||
9 | report shall also identify, by facility, the staff-to-patient | ||||||
10 | ratios taking account of direct care staff only. The report | ||||||
11 | shall also include detailed recommended administrative actions | ||||||
12 | and matters for consideration by the General Assembly. | ||||||
13 | (w) Program audit. The Auditor General shall conduct a | ||||||
14 | program audit of the Office of the Inspector General on an | ||||||
15 | as-needed basis, as determined by the Auditor General. The | ||||||
16 | audit shall specifically include the Inspector General's | ||||||
17 | compliance with the Act and effectiveness in investigating | ||||||
18 | reports of allegations occurring in any facility or agency. The | ||||||
19 | Auditor General shall conduct the program audit according to | ||||||
20 | the provisions of the Illinois State Auditing Act and shall | ||||||
21 | report its findings to the General Assembly no later than | ||||||
22 | January 1 following the audit period.
| ||||||
23 | (x) Nothing in this Section shall be construed to mean that | ||||||
24 | a patient is a victim of abuse or neglect because of health | ||||||
25 | care services appropriately provided or not provided by health | ||||||
26 | care professionals. |
| |||||||
| |||||||
1 | (y) Nothing in this Section shall require a facility, | ||||||
2 | including its employees, agents, medical staff members, and | ||||||
3 | health care professionals, to provide a service to a patient in | ||||||
4 | contravention of that patient's stated or implied objection to | ||||||
5 | the provision of that service on the ground that that service | ||||||
6 | conflicts with the patient's religious beliefs or practices, | ||||||
7 | nor shall the failure to provide a service to a patient be | ||||||
8 | considered abuse under this Section if the patient has objected | ||||||
9 | to the provision of that service based on his or her religious | ||||||
10 | beliefs or practices.
| ||||||
11 | (Source: P.A. 95-545, eff. 8-28-07; 96-407, eff. 8-13-09; | ||||||
12 | 96-555, eff. 8-18-09; revised 9-25-09.)
| ||||||
13 | (Text of Section after amendment by P.A. 96-339 ) | ||||||
14 | Sec. 1-17. Inspector General. | ||||||
15 | (a) Nature and purpose. It is the express intent of the | ||||||
16 | General Assembly to ensure the health, safety, and financial | ||||||
17 | condition of individuals receiving services in this State due | ||||||
18 | to mental illness, developmental disability, or both by | ||||||
19 | protecting those persons from acts of abuse, neglect, or both | ||||||
20 | by service providers. To that end, the Office of the Inspector | ||||||
21 | General for the Department of Human Services is created to | ||||||
22 | investigate and report upon allegations of the abuse, neglect, | ||||||
23 | or financial exploitation of individuals receiving services | ||||||
24 | within mental health facilities, developmental disabilities | ||||||
25 | facilities, and community agencies operated, licensed, funded |
| |||||||
| |||||||
1 | or certified by the Department of Human Services, but not | ||||||
2 | licensed or certified by any other State agency. It is also the | ||||||
3 | express intent of the General Assembly to authorize the | ||||||
4 | Inspector General to investigate alleged or suspected cases of | ||||||
5 | abuse, neglect, or financial exploitation of adults with | ||||||
6 | disabilities living in domestic settings in the community under | ||||||
7 | the Abuse of Adults with Disabilities Intervention Act. | ||||||
8 | (b) Definitions. The following definitions apply to this | ||||||
9 | Section: | ||||||
10 | "Adult student with a disability" means an adult student, | ||||||
11 | age 18 through 21, inclusive, with an Individual Education | ||||||
12 | Program, other than a resident of a facility licensed by the | ||||||
13 | Department of Children and Family Services in accordance with | ||||||
14 | the Child Care Act of 1969. For purposes of this definition, | ||||||
15 | "through age 21, inclusive", means through the day before the | ||||||
16 | student's 22nd birthday. | ||||||
17 | "Agency" or "community agency" means (i) a community agency | ||||||
18 | licensed, funded, or certified by the Department, but not | ||||||
19 | licensed or certified by any other human services agency of the | ||||||
20 | State, to provide mental health service or developmental | ||||||
21 | disabilities service, or (ii) a program licensed, funded, or | ||||||
22 | certified by the Department, but not licensed or certified by | ||||||
23 | any other human services agency of the State, to provide mental | ||||||
24 | health service or developmental disabilities service. | ||||||
25 | "Aggravating circumstance" means a factor that is | ||||||
26 | attendant to a finding and that tends to compound or increase |
| |||||||
| |||||||
1 | the culpability of the accused. | ||||||
2 | "Allegation" means an assertion, complaint, suspicion, or | ||||||
3 | incident involving any of the following conduct by an employee, | ||||||
4 | facility, or agency against an individual or individuals: | ||||||
5 | mental abuse, physical abuse, sexual abuse, neglect, or | ||||||
6 | financial exploitation. | ||||||
7 | "Day" means working day, unless otherwise specified. | ||||||
8 | "Deflection" means a situation in which an individual is | ||||||
9 | presented for admission to a facility or agency, and the | ||||||
10 | facility staff or agency staff do not admit the individual. | ||||||
11 | "Deflection" includes triage, redirection, and denial of | ||||||
12 | admission. | ||||||
13 | "Department" means the Department of Human Services. | ||||||
14 | "Developmentally disabled" means having a developmental | ||||||
15 | disability. | ||||||
16 | "Developmental disability" means "developmental | ||||||
17 | disability" as defined in the Mental Health and Developmental | ||||||
18 | Disabilities Code. | ||||||
19 | "Egregious neglect" means a finding of neglect as | ||||||
20 | determined by the Inspector General that (i) represents a gross | ||||||
21 | failure to adequately provide for, or a callused indifference | ||||||
22 | to, the health, safety, or medical needs of an individual and | ||||||
23 | (ii) results in an individual's death or other serious | ||||||
24 | deterioration of an individual's physical condition or mental | ||||||
25 | condition. | ||||||
26 | "Employee" means any person who provides services at the |
| |||||||
| |||||||
1 | facility or agency on-site or off-site. The service | ||||||
2 | relationship can be with the individual or with the facility or | ||||||
3 | agency. Also, "employee" includes any employee or contractual | ||||||
4 | agent of the Department of Human Services or the community | ||||||
5 | agency involved in providing or monitoring or administering | ||||||
6 | mental health or developmental disability services. This | ||||||
7 | includes but is not limited to: owners, operators, payroll | ||||||
8 | personnel, contractors, subcontractors, and volunteers. | ||||||
9 | "Facility" or "State-operated facility" means a mental | ||||||
10 | health facility or developmental disabilities facility | ||||||
11 | operated by the Department. | ||||||
12 | "Financial exploitation" means taking unjust advantage of | ||||||
13 | an individual's assets, property, or financial resources | ||||||
14 | through deception, intimidation, or conversion for the | ||||||
15 | employee's, facility's, or agency's own advantage or benefit. | ||||||
16 | "Finding" means the Office of Inspector General's | ||||||
17 | determination regarding whether an allegation is | ||||||
18 | substantiated, unsubstantiated, or unfounded. | ||||||
19 | "Health care worker registry" or "registry" means the | ||||||
20 | health care worker registry created by the Nursing Home Care | ||||||
21 | Act. | ||||||
22 | "Individual" means any person receiving mental health | ||||||
23 | service, developmental disabilities service, or both from a | ||||||
24 | facility or agency, while either on-site or off-site. | ||||||
25 | "Mental abuse" means the use of demeaning, intimidating, or | ||||||
26 | threatening words, signs, gestures, or other actions by an |
| |||||||
| |||||||
1 | employee about an individual and in the presence of an | ||||||
2 | individual or individuals that results in emotional distress or | ||||||
3 | maladaptive behavior, or could have resulted in emotional | ||||||
4 | distress or maladaptive behavior, for any individual present. | ||||||
5 | "Mental illness" means "mental illness" as defined in the | ||||||
6 | Mental Health and Developmental Disabilities Code. | ||||||
7 | "Mentally ill" means having a mental illness. | ||||||
8 | "Mitigating circumstance" means a condition that (i) is | ||||||
9 | attendant to a finding, (ii) does not excuse or justify the | ||||||
10 | conduct in question, but (iii) may be considered in evaluating | ||||||
11 | the severity of the conduct, the culpability of the accused, or | ||||||
12 | both the severity of the conduct and the culpability of the | ||||||
13 | accused. | ||||||
14 | "Neglect" means an employee's, agency's, or facility's | ||||||
15 | failure to provide adequate medical care, personal care, or | ||||||
16 | maintenance and that, as a consequence, (i) causes an | ||||||
17 | individual pain, injury, or emotional distress, (ii) results in | ||||||
18 | either an individual's maladaptive behavior or the | ||||||
19 | deterioration of an individual's physical condition or mental | ||||||
20 | condition, or (iii) places the individual's health or safety at | ||||||
21 | substantial risk. | ||||||
22 | "Physical abuse" means an employee's non-accidental and | ||||||
23 | inappropriate contact with an individual that causes bodily | ||||||
24 | harm. "Physical abuse" includes actions that cause bodily harm | ||||||
25 | as a result of an employee directing an individual or person to | ||||||
26 | physically abuse another individual. |
| |||||||
| |||||||
1 | "Recommendation" means an admonition, separate from a | ||||||
2 | finding, that requires action by the facility, agency, or | ||||||
3 | Department to correct a systemic issue, problem, or deficiency | ||||||
4 | identified during an investigation. | ||||||
5 | "Required reporter" means any employee who suspects, | ||||||
6 | witnesses, or is informed of an allegation of any one or more | ||||||
7 | of the following: mental abuse, physical abuse, sexual abuse, | ||||||
8 | neglect, or financial exploitation. | ||||||
9 | "Secretary" means the Chief Administrative Officer of the | ||||||
10 | Department. | ||||||
11 | "Sexual abuse" means any sexual contact or intimate | ||||||
12 | physical contact between an employee and an individual, | ||||||
13 | including an employee's coercion or encouragement of an | ||||||
14 | individual to engage in sexual behavior that results in sexual | ||||||
15 | contact, intimate physical contact, sexual behavior, or | ||||||
16 | intimate physical behavior. | ||||||
17 | "Substantiated" means there is a preponderance of the | ||||||
18 | evidence to support the allegation. | ||||||
19 | "Unfounded" means there is no credible evidence to support | ||||||
20 | the allegation. | ||||||
21 | "Unsubstantiated" means there is credible evidence, but | ||||||
22 | less than a preponderance of evidence to support the | ||||||
23 | allegation. | ||||||
24 | (c) Appointment. The Governor shall appoint, and the Senate | ||||||
25 | shall confirm, an Inspector General. The Inspector General | ||||||
26 | shall be appointed for a term of 4 years and shall function |
| |||||||
| |||||||
1 | within the Department of Human Services and report to the | ||||||
2 | Secretary and the Governor. | ||||||
3 | (d) Operation and appropriation. The Inspector General | ||||||
4 | shall function independently within the Department with | ||||||
5 | respect to the operations of the Office, including the | ||||||
6 | performance of investigations and issuance of findings and | ||||||
7 | recommendations. The appropriation for the Office of Inspector | ||||||
8 | General shall be separate from the overall appropriation for | ||||||
9 | the Department. | ||||||
10 | (e) Powers and duties. The Inspector General shall | ||||||
11 | investigate reports of suspected mental abuse, physical abuse, | ||||||
12 | sexual abuse, neglect, or financial exploitation of | ||||||
13 | individuals in any mental health or developmental disabilities | ||||||
14 | facility or agency and shall have authority to take immediate | ||||||
15 | action to prevent any one or more of the following from | ||||||
16 | happening to individuals under its jurisdiction: mental abuse, | ||||||
17 | physical abuse, sexual abuse, neglect, or financial | ||||||
18 | exploitation. Upon written request of an agency of this State, | ||||||
19 | the Inspector General may assist another agency of the State in | ||||||
20 | investigating reports of the abuse, neglect, or abuse and | ||||||
21 | neglect of persons with mental illness, persons with | ||||||
22 | developmental disabilities, or persons with both. To comply | ||||||
23 | with the requirements of subsection (k) of this Section, the | ||||||
24 | Inspector General shall also review all reportable deaths for | ||||||
25 | which there is no allegation of abuse or neglect. Nothing in | ||||||
26 | this Section shall preempt any duties of the Medical Review |
| |||||||
| |||||||
1 | Board set forth in the Mental Health and Developmental | ||||||
2 | Disabilities Code. The Inspector General shall have no | ||||||
3 | authority to investigate alleged violations of the State | ||||||
4 | Officials and Employees Ethics Act. Allegations of misconduct | ||||||
5 | under the State Officials and Employees Ethics Act shall be | ||||||
6 | referred to the Office of the Governor's Executive Inspector | ||||||
7 | General for investigation. | ||||||
8 | (f) Limitations. The Inspector General shall not conduct an | ||||||
9 | investigation within an agency or facility if that | ||||||
10 | investigation would be redundant to or interfere with an | ||||||
11 | investigation conducted by another State agency. The Inspector | ||||||
12 | General shall have no supervision over, or involvement in, the | ||||||
13 | routine programmatic, licensing, funding, or certification | ||||||
14 | operations of the Department. Nothing in this subsection limits | ||||||
15 | investigations by the Department that may otherwise be required | ||||||
16 | by law or that may be necessary in the Department's capacity as | ||||||
17 | central administrative authority responsible for the operation | ||||||
18 | of the State's mental health and developmental disabilities | ||||||
19 | facilities. | ||||||
20 | (g) Rulemaking authority. The Inspector General shall | ||||||
21 | promulgate rules establishing minimum requirements for | ||||||
22 | reporting allegations as well as for initiating, conducting, | ||||||
23 | and completing investigations based upon the nature of the | ||||||
24 | allegation or allegations. The rules shall clearly establish | ||||||
25 | that if 2 or more State agencies could investigate an | ||||||
26 | allegation, the Inspector General shall not conduct an |
| |||||||
| |||||||
1 | investigation that would be redundant to, or interfere with, an | ||||||
2 | investigation conducted by another State agency. The rules | ||||||
3 | shall further clarify the method and circumstances under which | ||||||
4 | the Office of Inspector General may interact with the | ||||||
5 | licensing, funding, or certification units of the Department in | ||||||
6 | preventing further occurrences of mental abuse, physical | ||||||
7 | abuse, sexual abuse, neglect, egregious neglect, and financial | ||||||
8 | exploitation. | ||||||
9 | (h) Training programs. The Inspector General shall (i) | ||||||
10 | establish a comprehensive program to ensure that every person | ||||||
11 | authorized to conduct investigations receives ongoing training | ||||||
12 | relative to investigation techniques, communication skills, | ||||||
13 | and the appropriate means of interacting with persons receiving | ||||||
14 | treatment for mental illness, developmental disability, or | ||||||
15 | both mental illness and developmental disability, and (ii) | ||||||
16 | establish and conduct periodic training programs for facility | ||||||
17 | and agency employees concerning the prevention and reporting of | ||||||
18 | any one or more of the following: mental abuse, physical abuse, | ||||||
19 | sexual abuse, neglect, egregious neglect, or financial | ||||||
20 | exploitation. Nothing in this Section shall be deemed to | ||||||
21 | prevent the Office of Inspector General from conducting any | ||||||
22 | other training as determined by the Inspector General to be | ||||||
23 | necessary or helpful. | ||||||
24 | (i) Duty to cooperate. | ||||||
25 | (1) The Inspector General shall at all times be granted | ||||||
26 | access to any facility or agency for the purpose of |
| |||||||
| |||||||
1 | investigating any allegation, conducting unannounced site | ||||||
2 | visits, monitoring compliance with a written response, or | ||||||
3 | completing any other statutorily assigned duty. The | ||||||
4 | Inspector General shall conduct unannounced site visits to | ||||||
5 | each facility at least annually for the purpose of | ||||||
6 | reviewing and making recommendations on systemic issues | ||||||
7 | relative to preventing, reporting, investigating, and | ||||||
8 | responding to all of the following: mental abuse, physical | ||||||
9 | abuse, sexual abuse, neglect, egregious neglect, or | ||||||
10 | financial exploitation. | ||||||
11 | (2) Any employee who fails to cooperate with an Office | ||||||
12 | of the Inspector General investigation is in violation of | ||||||
13 | this Act. Failure to cooperate with an investigation | ||||||
14 | includes, but is not limited to, any one or more of the | ||||||
15 | following: (i) creating and transmitting a false report to | ||||||
16 | the Office of the Inspector General hotline, (ii) providing | ||||||
17 | false information to an Office of the Inspector General | ||||||
18 | Investigator during an investigation, (iii) colluding with | ||||||
19 | other employees to cover up evidence, (iv) colluding with | ||||||
20 | other employees to provide false information to an Office | ||||||
21 | of the Inspector General investigator, (v) destroying | ||||||
22 | evidence, (vi) withholding evidence, or (vii) otherwise | ||||||
23 | obstructing an Office of the Inspector General | ||||||
24 | investigation. Additionally, any employee who, during an | ||||||
25 | unannounced site visit or written response compliance | ||||||
26 | check, fails to cooperate with requests from the Office of |
| |||||||
| |||||||
1 | the Inspector General is in violation of this Act. | ||||||
2 | (j) Subpoena powers. The Inspector General shall have the | ||||||
3 | power to subpoena witnesses and compel the production of all | ||||||
4 | documents and physical evidence relating to his or her | ||||||
5 | investigations and any hearings authorized by this Act. This | ||||||
6 | subpoena power shall not extend to persons or documents of a | ||||||
7 | labor organization or its representatives insofar as the | ||||||
8 | persons are acting in a representative capacity to an employee | ||||||
9 | whose conduct is the subject of an investigation or the | ||||||
10 | documents relate to that representation. Any person who | ||||||
11 | otherwise fails to respond to a subpoena or who knowingly | ||||||
12 | provides false information to the Office of the Inspector | ||||||
13 | General by subpoena during an investigation is guilty of a | ||||||
14 | Class A misdemeanor. | ||||||
15 | (k) Reporting allegations and deaths. | ||||||
16 | (1) Allegations. If an employee witnesses, is told of, | ||||||
17 | or has reason to believe an incident of mental abuse, | ||||||
18 | physical abuse, sexual abuse, neglect, or financial | ||||||
19 | exploitation has occurred, the employee, agency, or | ||||||
20 | facility shall report the allegation by phone to the Office | ||||||
21 | of the Inspector General hotline according to the agency's | ||||||
22 | or facility's procedures, but in no event later than 4 | ||||||
23 | hours after the initial discovery of the incident, | ||||||
24 | allegation, or suspicion of any one or more of the | ||||||
25 | following: mental abuse, physical abuse, sexual abuse, | ||||||
26 | neglect, or financial exploitation. A required reporter as |
| |||||||
| |||||||
1 | defined in subsection (b) of this Section who knowingly or | ||||||
2 | intentionally fails to comply with these reporting | ||||||
3 | requirements is guilty of a Class A misdemeanor. | ||||||
4 | (2) Deaths. Absent an allegation, a required reporter | ||||||
5 | shall, within 24 hours after initial discovery, report by | ||||||
6 | phone to the Office of the Inspector General hotline each | ||||||
7 | of the following: | ||||||
8 | (i) Any death of an individual occurring within 14 | ||||||
9 | calendar days after discharge or transfer of the | ||||||
10 | individual from a residential program or facility. | ||||||
11 | (ii) Any death of an individual occurring within 24 | ||||||
12 | hours after deflection from a residential program or | ||||||
13 | facility. | ||||||
14 | (iii) Any other death of an individual occurring at | ||||||
15 | an agency or facility or at any Department-funded site. | ||||||
16 | (3) Retaliation. It is a violation of this Act for any | ||||||
17 | employee or administrator of an agency or facility to take | ||||||
18 | retaliatory action against an employee who acts in good | ||||||
19 | faith in conformance with his or her duties as a required | ||||||
20 | reporter. | ||||||
21 | (l) Reporting to law enforcement. | ||||||
22 | (1) Reporting criminal acts. Within 24 hours after | ||||||
23 | determining that there is credible evidence indicating | ||||||
24 | that a criminal act may have been committed or that special | ||||||
25 | expertise may be required in an investigation, the | ||||||
26 | Inspector General shall notify the Department of State |
| |||||||
| |||||||
1 | Police or other appropriate law enforcement authority, or | ||||||
2 | ensure that such notification is made. The Department of | ||||||
3 | State Police shall investigate any report from a | ||||||
4 | State-operated facility indicating a possible murder, | ||||||
5 | sexual assault, or other felony by an employee. All | ||||||
6 | investigations conducted by the Inspector General shall be | ||||||
7 | conducted in a manner designed to ensure the preservation | ||||||
8 | of evidence for possible use in a criminal prosecution. | ||||||
9 | (2) Reporting allegations of adult students with | ||||||
10 | disabilities. Upon receipt of a reportable allegation | ||||||
11 | regarding an adult student with a disability, the | ||||||
12 | Department's Office of the Inspector General shall | ||||||
13 | determine whether the allegation meets the criteria for the | ||||||
14 | Domestic Abuse Program under the Abuse of Adults with | ||||||
15 | Disabilities Intervention Act. If the allegation is | ||||||
16 | reportable to that program, the Office of the Inspector | ||||||
17 | General shall initiate an investigation. If the allegation | ||||||
18 | is not reportable to the Domestic Abuse Program, the Office | ||||||
19 | of the Inspector General shall make an expeditious referral | ||||||
20 | to the respective law enforcement entity. If the alleged | ||||||
21 | victim is already receiving services from the Department, | ||||||
22 | the Office of the Inspector General shall also make a | ||||||
23 | referral to the respective Department of Human Services' | ||||||
24 | Division or Bureau. | ||||||
25 | (m) Investigative reports. Upon completion of an | ||||||
26 | investigation, the Office of Inspector General shall issue an |
| |||||||
| |||||||
1 | investigative report identifying whether the allegations are | ||||||
2 | substantiated, unsubstantiated, or unfounded. Within 10 | ||||||
3 | business days after the transmittal of a completed | ||||||
4 | investigative report substantiating an allegation, or if a | ||||||
5 | recommendation is made, the Inspector General shall provide the | ||||||
6 | investigative report on the case to the Secretary and to the | ||||||
7 | director of the facility or agency where any one or more of the | ||||||
8 | following occurred: mental abuse, physical abuse, sexual | ||||||
9 | abuse, neglect, egregious neglect, or financial exploitation. | ||||||
10 | In a substantiated case, the investigative report shall include | ||||||
11 | any mitigating or aggravating circumstances that were | ||||||
12 | identified during the investigation. If the case involves | ||||||
13 | substantiated neglect, the investigative report shall also | ||||||
14 | state whether egregious neglect was found. An investigative | ||||||
15 | report may also set forth recommendations. All investigative | ||||||
16 | reports prepared by the Office of the Inspector General shall | ||||||
17 | be considered confidential and shall not be released except as | ||||||
18 | provided by the law of this State or as required under | ||||||
19 | applicable federal law. Unsubstantiated and unfounded reports | ||||||
20 | shall not be disclosed except as allowed under Section 6 of the | ||||||
21 | Abused and Neglected Long Term Care Facility Residents | ||||||
22 | Reporting Act. Raw data used to compile the investigative | ||||||
23 | report shall not be subject to release unless required by law | ||||||
24 | or a court order. "Raw data used to compile the investigative | ||||||
25 | report" includes, but is not limited to, any one or more of the | ||||||
26 | following: the initial complaint, witness statements, |
| |||||||
| |||||||
1 | photographs, investigator's notes, police reports, or incident | ||||||
2 | reports. If the allegations are substantiated, the accused | ||||||
3 | shall be provided with a redacted copy of the investigative | ||||||
4 | report. Death reports where there was no allegation of abuse or | ||||||
5 | neglect shall only be released pursuant to applicable State or | ||||||
6 | federal law or a valid court order. | ||||||
7 | (n) Written responses and reconsideration requests. | ||||||
8 | (1) Written responses. Within 30 calendar days from | ||||||
9 | receipt of a substantiated investigative report or an | ||||||
10 | investigative report which contains recommendations, | ||||||
11 | absent a reconsideration request, the facility or agency | ||||||
12 | shall file a written response that addresses, in a concise | ||||||
13 | and reasoned manner, the actions taken to: (i) protect the | ||||||
14 | individual; (ii) prevent recurrences; and (iii) eliminate | ||||||
15 | the problems identified. The response shall include the | ||||||
16 | implementation and completion dates of such actions. If the | ||||||
17 | written response is not filed within the allotted 30 | ||||||
18 | calendar day period, the Secretary shall determine the | ||||||
19 | appropriate corrective action to be taken. | ||||||
20 | (2) Reconsideration requests. The facility, agency, | ||||||
21 | victim or guardian, or the subject employee may request | ||||||
22 | that the Office of Inspector General reconsider or clarify | ||||||
23 | its finding based upon additional information. | ||||||
24 | (o) Disclosure of the finding by the Inspector General. The | ||||||
25 | Inspector General shall disclose the finding of an | ||||||
26 | investigation to the following persons: (i) the Governor, (ii) |
| |||||||
| |||||||
1 | the Secretary, (iii) the director of the facility or agency, | ||||||
2 | (iv) the alleged victims and their guardians, (v) the | ||||||
3 | complainant, and (vi) the accused. This information shall | ||||||
4 | include whether the allegations were deemed substantiated, | ||||||
5 | unsubstantiated, or unfounded. | ||||||
6 | (p) Secretary review. Upon review of the Inspector | ||||||
7 | General's investigative report and any agency's or facility's | ||||||
8 | written response, the Secretary shall accept or reject the | ||||||
9 | written response and notify the Inspector General of that | ||||||
10 | determination. The Secretary may further direct that other | ||||||
11 | administrative action be taken, including, but not limited to, | ||||||
12 | any one or more of the following: (i) additional site visits, | ||||||
13 | (ii) training, (iii) provision of technical assistance | ||||||
14 | relative to administrative needs, licensure or certification, | ||||||
15 | or (iv) the imposition of appropriate sanctions. | ||||||
16 | (q) Action by facility or agency. Within 30 days of the | ||||||
17 | date the Secretary approves the written response or directs | ||||||
18 | that further administrative action be taken, the facility or | ||||||
19 | agency shall provide an implementation report to the Inspector | ||||||
20 | General that provides the status of the action taken. The | ||||||
21 | facility or agency shall be allowed an additional 30 days to | ||||||
22 | send notice of completion of the action or to send an updated | ||||||
23 | implementation report. If the action has not been completed | ||||||
24 | within the additional 30 day period, the facility or agency | ||||||
25 | shall send updated implementation reports every 60 days until | ||||||
26 | completion. The Inspector General shall conduct a review of any |
| |||||||
| |||||||
1 | implementation plan that takes more than 120 days after | ||||||
2 | approval to complete, and shall monitor compliance through a | ||||||
3 | random review of approved written responses, which may include, | ||||||
4 | but are not limited to: (i) site visits, (ii) telephone | ||||||
5 | contact, and (iii) requests for additional documentation | ||||||
6 | evidencing compliance. | ||||||
7 | (r) Sanctions. Sanctions, if imposed by the Secretary under | ||||||
8 | Subdivision (p)(iv) of this Section, shall be designed to | ||||||
9 | prevent further acts of mental abuse, physical abuse, sexual | ||||||
10 | abuse, neglect, egregious neglect, or financial exploitation | ||||||
11 | or some combination of one or more of those acts at a facility | ||||||
12 | or agency, and may include any one or more of the following: | ||||||
13 | (1) Appointment of on-site monitors. | ||||||
14 | (2) Transfer or relocation of an individual or | ||||||
15 | individuals. | ||||||
16 | (3) Closure of units. | ||||||
17 | (4) Termination of any one or more of the following: | ||||||
18 | (i) Department licensing, (ii) funding, or (iii) | ||||||
19 | certification. | ||||||
20 | The Inspector General may seek the assistance of the | ||||||
21 | Illinois Attorney General or the office of any State's Attorney | ||||||
22 | in implementing sanctions. | ||||||
23 | (s) Health care worker registry. | ||||||
24 | (1) Reporting to the registry. The Inspector General | ||||||
25 | shall report to the Department of Public Health's health | ||||||
26 | care worker registry, a public registry, MR/DD Community |
| |||||||
| |||||||
1 | Care Act the identity and finding of each employee of a | ||||||
2 | facility or agency against whom there is a final | ||||||
3 | investigative report containing a substantiated allegation | ||||||
4 | of physical or sexual abuse or egregious neglect of an | ||||||
5 | individual. MR/DD Community Care Act | ||||||
6 | (2) Notice to employee. Prior to reporting the name of | ||||||
7 | an employee, the employee shall be notified of the | ||||||
8 | Department's obligation to report and shall be granted an | ||||||
9 | opportunity to request an administrative hearing, the sole | ||||||
10 | purpose of which is to determine if the substantiated | ||||||
11 | finding warrants reporting to the registry. Notice to the | ||||||
12 | employee shall contain a clear and concise statement of the | ||||||
13 | grounds on which the report to the registry is based, offer | ||||||
14 | the employee an opportunity for a hearing, and identify the | ||||||
15 | process for requesting such a hearing. Notice is sufficient | ||||||
16 | if provided by certified mail to the employee's last known | ||||||
17 | address. If the employee fails to request a hearing within | ||||||
18 | 30 days from the date of the notice, the Inspector General | ||||||
19 | shall report the name of the employee to the registry. | ||||||
20 | Nothing in this subdivision (s)(2) shall diminish or impair | ||||||
21 | the rights of a person who is a member of a collective | ||||||
22 | bargaining unit under the Illinois Public Labor Relations | ||||||
23 | Act or under any other federal labor statute. | ||||||
24 | (3) Registry hearings. If the employee requests an | ||||||
25 | administrative hearing, the employee shall be granted an | ||||||
26 | opportunity to appear before an administrative law judge to |
| |||||||
| |||||||
1 | present reasons why the employee's name should not be | ||||||
2 | reported to the registry. The Department shall bear the | ||||||
3 | burden of presenting evidence that establishes, by a | ||||||
4 | preponderance of the evidence, that the substantiated | ||||||
5 | finding warrants reporting to the registry. After | ||||||
6 | considering all the evidence presented, the administrative | ||||||
7 | law judge shall make a recommendation to the Secretary as | ||||||
8 | to whether the substantiated finding warrants reporting | ||||||
9 | the name of the employee to the registry. The Secretary | ||||||
10 | shall render the final decision. The Department and the | ||||||
11 | employee shall have the right to request that the | ||||||
12 | administrative law judge consider a stipulated disposition | ||||||
13 | of these proceedings. | ||||||
14 | (4) Testimony at registry hearings. A person who makes | ||||||
15 | a report or who investigates a report under this Act shall | ||||||
16 | testify fully in any judicial proceeding resulting from | ||||||
17 | such a report, as to any evidence of abuse or neglect, or | ||||||
18 | the cause thereof. No evidence shall be excluded by reason | ||||||
19 | of any common law or statutory privilege relating to | ||||||
20 | communications between the alleged perpetrator of abuse or | ||||||
21 | neglect, or the individual alleged as the victim in the | ||||||
22 | report, and the person making or investigating the report. | ||||||
23 | Testimony at hearings is exempt from the confidentiality | ||||||
24 | requirements of subsection (f) of Section 10 of the Mental | ||||||
25 | Health and Developmental Disabilities Confidentiality Act. | ||||||
26 | (5) Employee's rights to collateral action. No |
| |||||||
| |||||||
1 | reporting to the registry shall occur and no hearing shall | ||||||
2 | be set or proceed if an employee notifies the Inspector | ||||||
3 | General in writing, including any supporting | ||||||
4 | documentation, that he or she is formally contesting an | ||||||
5 | adverse employment action resulting from a substantiated | ||||||
6 | finding by complaint filed with the Illinois Civil Service | ||||||
7 | Commission, or which otherwise seeks to enforce the | ||||||
8 | employee's rights pursuant to any applicable collective | ||||||
9 | bargaining agreement. If an action taken by an employer | ||||||
10 | against an employee as a result of a finding of physical | ||||||
11 | abuse, sexual abuse, or egregious neglect is overturned | ||||||
12 | through an action filed with the Illinois Civil Service | ||||||
13 | Commission or under any applicable collective bargaining | ||||||
14 | agreement and if that employee's name has already been sent | ||||||
15 | to the registry, the employee's name shall be removed from | ||||||
16 | the registry. | ||||||
17 | (6) Removal from registry. At any time after the report | ||||||
18 | to the registry, but no more than once in any 12-month | ||||||
19 | period, an employee may petition the Department in writing | ||||||
20 | to remove his or her name from the registry. Upon receiving | ||||||
21 | notice of such request, the Inspector General shall conduct | ||||||
22 | an investigation into the petition. Upon receipt of such | ||||||
23 | request, an administrative hearing will be set by the | ||||||
24 | Department. At the hearing, the employee shall bear the | ||||||
25 | burden of presenting evidence that establishes, by a | ||||||
26 | preponderance of the evidence, that removal of the name |
| |||||||
| |||||||
1 | from the registry is in the public interest. The parties | ||||||
2 | may jointly request that the administrative law judge | ||||||
3 | consider a stipulated disposition of these proceedings. | ||||||
4 | (t) Review of Administrative Decisions. The Department | ||||||
5 | shall preserve a record of all proceedings at any formal | ||||||
6 | hearing conducted by the Department involving health care | ||||||
7 | worker registry hearings. Final administrative decisions of | ||||||
8 | the Department are subject to judicial review pursuant to | ||||||
9 | provisions of the Administrative Review Law. | ||||||
10 | (u) Quality Care Board. There is created, within the Office | ||||||
11 | of the Inspector General, a Quality Care Board to be composed | ||||||
12 | of 7 members appointed by the Governor with the advice and | ||||||
13 | consent of the Senate. One of the members shall be designated | ||||||
14 | as chairman by the Governor. Of the initial appointments made | ||||||
15 | by the Governor, 4 Board members shall each be appointed for a | ||||||
16 | term of 4 years and 3 members shall each be appointed for a | ||||||
17 | term of 2 years. Upon the expiration of each member's term, a | ||||||
18 | successor shall be appointed for a term of 4 years. In the case | ||||||
19 | of a vacancy in the office of any member, the Governor shall | ||||||
20 | appoint a successor for the remainder of the unexpired term. | ||||||
21 | Members appointed by the Governor shall be qualified by | ||||||
22 | professional knowledge or experience in the area of law, | ||||||
23 | investigatory techniques, or in the area of care of the | ||||||
24 | mentally ill or developmentally disabled. Two members | ||||||
25 | appointed by the Governor shall be persons with a disability or | ||||||
26 | a parent of a person with a disability. Members shall serve |
| |||||||
| |||||||
1 | without compensation, but shall be reimbursed for expenses | ||||||
2 | incurred in connection with the performance of their duties as | ||||||
3 | members. | ||||||
4 | The Board shall meet quarterly, and may hold other meetings | ||||||
5 | on the call of the chairman. Four members shall constitute a | ||||||
6 | quorum allowing the Board to conduct its business. The Board | ||||||
7 | may adopt rules and regulations it deems necessary to govern | ||||||
8 | its own procedures. | ||||||
9 | The Board shall monitor and oversee the operations, | ||||||
10 | policies, and procedures of the Inspector General to ensure the | ||||||
11 | prompt and thorough investigation of allegations of neglect and | ||||||
12 | abuse. In fulfilling these responsibilities, the Board may do | ||||||
13 | the following: | ||||||
14 | (1) Provide independent, expert consultation to the | ||||||
15 | Inspector General on policies and protocols for | ||||||
16 | investigations of alleged abuse, neglect, or both abuse and | ||||||
17 | neglect. | ||||||
18 | (2) Review existing regulations relating to the | ||||||
19 | operation of facilities. | ||||||
20 | (3) Advise the Inspector General as to the content of | ||||||
21 | training activities authorized under this Section. | ||||||
22 | (4) Recommend policies concerning methods for | ||||||
23 | improving the intergovernmental relationships between the | ||||||
24 | Office of the Inspector General and other State or federal | ||||||
25 | offices. | ||||||
26 | (v) Annual report. The Inspector General shall provide to |
| |||||||
| |||||||
1 | the General Assembly and the Governor, no later than January 1 | ||||||
2 | of each year, a summary of reports and investigations made | ||||||
3 | under this Act for the prior fiscal year with respect to | ||||||
4 | individuals receiving mental health or developmental | ||||||
5 | disabilities services. The report shall detail the imposition | ||||||
6 | of sanctions, if any, and the final disposition of any | ||||||
7 | corrective or administrative action directed by the Secretary. | ||||||
8 | The summaries shall not contain any confidential or identifying | ||||||
9 | information of any individual, but shall include objective data | ||||||
10 | identifying any trends in the number of reported allegations, | ||||||
11 | the timeliness of the Office of the Inspector General's | ||||||
12 | investigations, and their disposition, for each facility and | ||||||
13 | Department-wide, for the most recent 3-year time period. The | ||||||
14 | report shall also identify, by facility, the staff-to-patient | ||||||
15 | ratios taking account of direct care staff only. The report | ||||||
16 | shall also include detailed recommended administrative actions | ||||||
17 | and matters for consideration by the General Assembly. | ||||||
18 | (w) Program audit. The Auditor General shall conduct a | ||||||
19 | program audit of the Office of the Inspector General on an | ||||||
20 | as-needed basis, as determined by the Auditor General. The | ||||||
21 | audit shall specifically include the Inspector General's | ||||||
22 | compliance with the Act and effectiveness in investigating | ||||||
23 | reports of allegations occurring in any facility or agency. The | ||||||
24 | Auditor General shall conduct the program audit according to | ||||||
25 | the provisions of the Illinois State Auditing Act and shall | ||||||
26 | report its findings to the General Assembly no later than |
| |||||||
| |||||||
1 | January 1 following the audit period.
| ||||||
2 | (x) Nothing in this Section shall be construed to mean that | ||||||
3 | a patient is a victim of abuse or neglect because of health | ||||||
4 | care services appropriately provided or not provided by health | ||||||
5 | care professionals. | ||||||
6 | (y) Nothing in this Section shall require a facility, | ||||||
7 | including its employees, agents, medical staff members, and | ||||||
8 | health care professionals, to provide a service to a patient in | ||||||
9 | contravention of that patient's stated or implied objection to | ||||||
10 | the provision of that service on the ground that that service | ||||||
11 | conflicts with the patient's religious beliefs or practices, | ||||||
12 | nor shall the failure to provide a service to a patient be | ||||||
13 | considered abuse under this Section if the patient has objected | ||||||
14 | to the provision of that service based on his or her religious | ||||||
15 | beliefs or practices.
| ||||||
16 | (Source: P.A. 95-545, eff. 8-28-07; 96-339, eff. 7-1-10; | ||||||
17 | 96-407, eff. 8-13-09; 96-555, eff. 8-18-09; revised 9-25-09.)
| ||||||
18 | Section 10. The Abused and Neglected Child Reporting Act is | ||||||
19 | amended by changing Sections 2, 3, 4, 7, 7.3, 7.4, 7.7, 7.10, | ||||||
20 | 7.14, 8.1, 8.5, 9, 9.1, and 11 and by adding Section 4.4a as | ||||||
21 | follows:
| ||||||
22 | (325 ILCS 5/2) (from Ch. 23, par. 2052)
| ||||||
23 | Sec. 2.
(a) The Illinois Department of Children and Family | ||||||
24 | Services
shall, upon receiving reports made under this Act, |
| |||||||
| |||||||
1 | protect the health,
safety, and best
interests of the child in | ||||||
2 | all situations in which the child is vulnerable to
child abuse | ||||||
3 | or neglect, offer protective services in order to prevent
any | ||||||
4 | further harm to the child and to other children in the same
| ||||||
5 | environment or family, stabilize the home environment,
and | ||||||
6 | preserve family life whenever possible. Recognizing that | ||||||
7 | children also can
be abused and neglected
while living in | ||||||
8 | public or private residential agencies or institutions
meant to | ||||||
9 | serve them, while attending day care centers, schools, or
| ||||||
10 | religious activities, or
when in contact with adults who are | ||||||
11 | responsible for the welfare of the
child at that time,
this Act | ||||||
12 | also provides for the reporting and investigation
of child | ||||||
13 | abuse and neglect in such instances. In performing any of these
| ||||||
14 | duties, the Department may utilize such protective services of | ||||||
15 | voluntary
agencies as are available.
| ||||||
16 | (b) The Department shall be responsible for receiving and | ||||||
17 | investigating reports of adult resident abuse or neglect under | ||||||
18 | the provisions of this Act. | ||||||
19 | (Source: P.A. 92-801, eff. 8-16-02.)
| ||||||
20 | (325 ILCS 5/3) (from Ch. 23, par. 2053)
| ||||||
21 | Sec. 3. As used in this Act unless the context otherwise | ||||||
22 | requires:
| ||||||
23 | "Adult resident" means any person between 18 and 22 years | ||||||
24 | of age who resides in any facility licensed by the Department | ||||||
25 | under the Child Care Act of 1969. For purposes of this Act, the |
| |||||||
| |||||||
1 | criteria set forth in the definitions of "abused child" and | ||||||
2 | "neglected child" shall be used in determining whether an adult | ||||||
3 | resident is abused or neglected. | ||||||
4 | "Child" means any person under the age of 18 years, unless | ||||||
5 | legally
emancipated by reason of marriage or entry into a | ||||||
6 | branch of the United
States armed services.
| ||||||
7 | "Department" means Department of Children and Family | ||||||
8 | Services.
| ||||||
9 | "Local law enforcement agency" means the police of a city, | ||||||
10 | town,
village or other incorporated area or the sheriff of an | ||||||
11 | unincorporated
area or any sworn officer of the Illinois | ||||||
12 | Department of State Police.
| ||||||
13 | "Abused child"
means a child whose parent or immediate | ||||||
14 | family
member,
or any person responsible for the child's | ||||||
15 | welfare, or any individual
residing in the same home as the | ||||||
16 | child, or a paramour of the child's parent:
| ||||||
17 | (a) inflicts, causes to be inflicted, or allows to be
| ||||||
18 | inflicted upon
such child physical injury, by other than | ||||||
19 | accidental means, which causes
death, disfigurement, | ||||||
20 | impairment of physical or
emotional health, or loss or | ||||||
21 | impairment of any bodily function;
| ||||||
22 | (b) creates a substantial risk of physical injury to | ||||||
23 | such
child by
other than accidental means which would be | ||||||
24 | likely to cause death,
disfigurement, impairment of | ||||||
25 | physical or emotional health, or loss or
impairment of any | ||||||
26 | bodily function;
|
| |||||||
| |||||||
1 | (c) commits or allows to be committed any sex offense | ||||||
2 | against
such child,
as such sex offenses are defined in the | ||||||
3 | Criminal Code of 1961, as amended,
and extending those | ||||||
4 | definitions of sex offenses to include children under
18 | ||||||
5 | years of age;
| ||||||
6 | (d) commits or allows to be committed an act or acts of
| ||||||
7 | torture upon
such child;
| ||||||
8 | (e) inflicts excessive corporal punishment;
| ||||||
9 | (f) commits or allows to be committed
the offense of
| ||||||
10 | female
genital mutilation, as defined in Section 12-34 of | ||||||
11 | the Criminal Code of
1961, against the child; or
| ||||||
12 | (g) causes to be sold, transferred, distributed, or | ||||||
13 | given to
such child
under 18 years of age, a controlled | ||||||
14 | substance as defined in Section 102 of the
Illinois | ||||||
15 | Controlled Substances Act in violation of Article IV of the | ||||||
16 | Illinois
Controlled Substances Act or in violation of the | ||||||
17 | Methamphetamine Control and Community Protection Act, | ||||||
18 | except for controlled substances that are prescribed
in | ||||||
19 | accordance with Article III of the Illinois Controlled | ||||||
20 | Substances Act and
are dispensed to such child in a manner | ||||||
21 | that substantially complies with the
prescription.
| ||||||
22 | A child shall not be considered abused for the sole reason | ||||||
23 | that the child
has been relinquished in accordance with the | ||||||
24 | Abandoned Newborn Infant
Protection Act.
| ||||||
25 | "Neglected child" means any child who is not receiving the | ||||||
26 | proper or
necessary nourishment or medically indicated |
| |||||||
| |||||||
1 | treatment including food or care
not provided solely on the | ||||||
2 | basis of the present or anticipated mental or
physical | ||||||
3 | impairment as determined by a physician acting alone or in
| ||||||
4 | consultation with other physicians or otherwise is not | ||||||
5 | receiving the proper or
necessary support or medical or other | ||||||
6 | remedial care recognized under State law
as necessary for a | ||||||
7 | child's well-being, or other care necessary for his or her
| ||||||
8 | well-being, including adequate food, clothing and shelter; or | ||||||
9 | who is abandoned
by his or her parents or other person | ||||||
10 | responsible for the child's welfare
without a proper plan of | ||||||
11 | care; or who has been provided with interim crisis intervention | ||||||
12 | services under
Section 3-5 of
the Juvenile Court Act of 1987 | ||||||
13 | and whose parent, guardian, or custodian refuses to
permit
the | ||||||
14 | child to return home and no other living arrangement agreeable
| ||||||
15 | to the parent, guardian, or custodian can be made, and the | ||||||
16 | parent, guardian, or custodian has not made any other | ||||||
17 | appropriate living arrangement for the child; or who is a | ||||||
18 | newborn infant whose blood, urine,
or meconium
contains any | ||||||
19 | amount of a controlled substance as defined in subsection (f) | ||||||
20 | of
Section 102 of the Illinois Controlled Substances Act or a | ||||||
21 | metabolite thereof,
with the exception of a controlled | ||||||
22 | substance or metabolite thereof whose
presence in the newborn | ||||||
23 | infant is the result of medical treatment administered
to the | ||||||
24 | mother or the newborn infant. A child shall not be considered | ||||||
25 | neglected
for the sole reason that the child's parent or other | ||||||
26 | person responsible for his
or her welfare has left the child in |
| |||||||
| |||||||
1 | the care of an adult relative for any
period of time. A child | ||||||
2 | shall not be considered neglected for the sole reason
that the | ||||||
3 | child has been relinquished in accordance with the Abandoned | ||||||
4 | Newborn
Infant Protection Act. A child shall not be considered | ||||||
5 | neglected or abused
for the
sole reason that such child's | ||||||
6 | parent or other person responsible for his or her
welfare | ||||||
7 | depends upon spiritual means through prayer alone for the | ||||||
8 | treatment or
cure of disease or remedial care as provided under | ||||||
9 | Section 4 of this Act. A
child shall not be considered | ||||||
10 | neglected or abused solely because the child is
not attending | ||||||
11 | school in accordance with the requirements of Article 26 of The
| ||||||
12 | School Code, as amended.
| ||||||
13 | "Child Protective Service Unit" means certain specialized | ||||||
14 | State employees of
the Department assigned by the Director to | ||||||
15 | perform the duties and
responsibilities as provided under | ||||||
16 | Section 7.2 of this Act.
| ||||||
17 | "Person responsible for the child's welfare" means the | ||||||
18 | child's parent;
guardian; foster parent; relative caregiver; | ||||||
19 | any person responsible for the
child's welfare in a public or | ||||||
20 | private residential agency or institution; any
person | ||||||
21 | responsible for the child's welfare within a public or private | ||||||
22 | profit or
not for profit child care facility; or any other | ||||||
23 | person responsible for the
child's welfare at the time of the | ||||||
24 | alleged abuse or neglect, or any person who
came to know the | ||||||
25 | child through an official capacity or position of trust,
| ||||||
26 | including but not limited to health care professionals, |
| |||||||
| |||||||
1 | educational personnel,
recreational supervisors, members of | ||||||
2 | the clergy, and volunteers or
support personnel in any setting
| ||||||
3 | where children may be subject to abuse or neglect.
| ||||||
4 | "Temporary protective custody" means custody within a | ||||||
5 | hospital or
other medical facility or a place previously | ||||||
6 | designated for such custody
by the Department, subject to | ||||||
7 | review by the Court, including a licensed
foster home, group | ||||||
8 | home, or other institution; but such place shall not
be a jail | ||||||
9 | or other place for the detention of criminal or juvenile | ||||||
10 | offenders.
| ||||||
11 | "An unfounded report" means any report made under this Act | ||||||
12 | for which
it is determined after an investigation that no | ||||||
13 | credible evidence of
abuse or neglect exists.
| ||||||
14 | "An indicated report" means a report made under this Act if | ||||||
15 | an
investigation determines that credible evidence of the | ||||||
16 | alleged
abuse or neglect exists.
| ||||||
17 | "An undetermined report" means any report made under this | ||||||
18 | Act in
which it was not possible to initiate or complete an | ||||||
19 | investigation on
the basis of information provided to the | ||||||
20 | Department.
| ||||||
21 | "Subject of report" means any child reported to the central | ||||||
22 | register
of child abuse and neglect established under Section | ||||||
23 | 7.7 of this Act and
his or her parent, guardian or other person | ||||||
24 | responsible
who is also named in the report.
| ||||||
25 | "Perpetrator" means a person who, as a result of | ||||||
26 | investigation, has
been determined by the Department to have |
| |||||||
| |||||||
1 | caused child abuse or neglect.
| ||||||
2 | "Member of the clergy" means a clergyman or practitioner of | ||||||
3 | any religious
denomination accredited by the religious body to | ||||||
4 | which he or she belongs.
| ||||||
5 | (Source: P.A. 94-556, eff. 9-11-05; 95-443, eff. 1-1-08.)
| ||||||
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 abuse | ||||||
13 | treatment personnel, funeral home
director or employee, | ||||||
14 | coroner, medical examiner, emergency medical technician,
| ||||||
15 | acupuncturist, crisis line or hotline personnel, school | ||||||
16 | personnel (including administrators and both certified and | ||||||
17 | non-certified school employees), educational
advocate assigned | ||||||
18 | to a child pursuant to the School Code, member of a school | ||||||
19 | board or the Chicago Board of Education or the governing body | ||||||
20 | of a private school (but only to the extent required in | ||||||
21 | accordance with other provisions of this Section expressly | ||||||
22 | concerning the duty of school board members to report suspected | ||||||
23 | child abuse), truant officers,
social worker, social services | ||||||
24 | administrator,
domestic violence program personnel, registered | ||||||
25 | nurse, licensed
practical nurse, genetic counselor,
|
| |||||||
| |||||||
1 | respiratory care practitioner, advanced practice nurse, home
| ||||||
2 | health aide, director or staff
assistant of a nursery school or | ||||||
3 | a child day care center, recreational program
or facility | ||||||
4 | personnel, law enforcement officer, licensed professional
| ||||||
5 | counselor, licensed clinical professional counselor, | ||||||
6 | registered psychologist
and
assistants working under the | ||||||
7 | direct supervision of a psychologist,
psychiatrist, or field | ||||||
8 | personnel of the Department of Healthcare and Family Services,
| ||||||
9 | Juvenile Justice, Public Health, Human Services (acting as | ||||||
10 | successor to the Department of Mental
Health and Developmental | ||||||
11 | Disabilities, Rehabilitation Services, or Public Aid),
| ||||||
12 | Corrections, Human Rights, or Children and Family Services, | ||||||
13 | supervisor and
administrator of general assistance under the | ||||||
14 | Illinois Public Aid Code,
probation officer, animal control | ||||||
15 | officer or Illinois Department of Agriculture Bureau of Animal | ||||||
16 | Health and Welfare field investigator, or any other foster | ||||||
17 | parent, homemaker or child care worker
having reasonable cause | ||||||
18 | to believe a child known to them in their professional
or | ||||||
19 | official capacity may be an abused child or a neglected child | ||||||
20 | shall
immediately report or cause a report to be made to the | ||||||
21 | Department.
| ||||||
22 | Any member of the clergy having reasonable cause to believe | ||||||
23 | that a child
known to that member of the clergy in his or her | ||||||
24 | professional capacity may be
an abused child as defined in item | ||||||
25 | (c) of the definition of "abused child" in
Section 3 of this | ||||||
26 | Act shall immediately report or cause a report to be made to
|
| |||||||
| |||||||
1 | the Department.
| ||||||
2 | If an allegation is raised to a school board member during | ||||||
3 | the course of an open or closed school board meeting that a | ||||||
4 | child who is enrolled in the school district of which he or she | ||||||
5 | is a board member is an abused child as defined in Section 3 of | ||||||
6 | this Act, the member shall direct or cause the school board to | ||||||
7 | direct the superintendent of the school district or other | ||||||
8 | equivalent school administrator to comply with the | ||||||
9 | requirements of this Act concerning the reporting of child | ||||||
10 | abuse. For purposes of this paragraph, a school board member is | ||||||
11 | granted the authority in his or her individual capacity to | ||||||
12 | direct the superintendent of the school district or other | ||||||
13 | equivalent school administrator to comply with the | ||||||
14 | requirements of this Act concerning the reporting of child | ||||||
15 | abuse.
| ||||||
16 | Notwithstanding any other provision of this Act, if an | ||||||
17 | employee of a school district has made a report or caused a | ||||||
18 | report to be made to the Department under this Act involving | ||||||
19 | the conduct of a current or former employee of the school | ||||||
20 | district and a request is made by another school district for | ||||||
21 | the provision of information concerning the job performance or | ||||||
22 | qualifications of the current or former employee because he or | ||||||
23 | she is an applicant for employment with the requesting school | ||||||
24 | district, the general superintendent of the school district to | ||||||
25 | which the request is being made must disclose to the requesting | ||||||
26 | school district the fact that an employee of the school |
| |||||||
| |||||||
1 | district has made a report involving the conduct of the | ||||||
2 | applicant or caused a report to be made to the Department, as | ||||||
3 | required under this Act. Only the fact that an employee of the | ||||||
4 | school district has made a report involving the conduct of the | ||||||
5 | applicant or caused a report to be made to the Department may | ||||||
6 | be disclosed by the general superintendent of the school | ||||||
7 | district to which the request for information concerning the | ||||||
8 | applicant is made, and this fact may be disclosed only in cases | ||||||
9 | where the employee and the general superintendent have not been | ||||||
10 | informed by the Department that the allegations were unfounded. | ||||||
11 | An employee of a school district who is or has been the subject | ||||||
12 | of a report made pursuant to this Act during his or her | ||||||
13 | employment with the school district must be informed by that | ||||||
14 | school district that if he or she applies for employment with | ||||||
15 | another school district, the general superintendent of the | ||||||
16 | former school district, upon the request of the school district | ||||||
17 | to which the employee applies, shall notify that requesting | ||||||
18 | school district that the employee is or was the subject of such | ||||||
19 | a report.
| ||||||
20 | Whenever
such person is required to report under this Act | ||||||
21 | in his capacity as a member of
the staff of a medical or other | ||||||
22 | public or private institution, school, facility
or agency, or | ||||||
23 | as a member of the clergy, he shall
make report immediately to | ||||||
24 | the Department in accordance
with the provisions of this Act | ||||||
25 | and may also notify the person in charge of
such institution, | ||||||
26 | school, facility or agency, or church, synagogue, temple,
|
| |||||||
| |||||||
1 | mosque, or other religious institution, or his
designated agent | ||||||
2 | that such
report has been made. Under no circumstances shall | ||||||
3 | any person in charge of
such institution, school, facility or | ||||||
4 | agency, or church, synagogue, temple,
mosque, or other | ||||||
5 | religious institution, or his
designated agent to whom
such | ||||||
6 | notification has been made, exercise any control, restraint, | ||||||
7 | modification
or other change in the report or the forwarding of | ||||||
8 | such report to the
Department.
| ||||||
9 | The privileged quality of communication between any | ||||||
10 | professional
person required to report
and his patient or | ||||||
11 | client shall not apply to situations involving abused or
| ||||||
12 | neglected children and shall not constitute grounds for failure | ||||||
13 | to report
as required by this Act.
| ||||||
14 | A member of the clergy may claim the privilege under | ||||||
15 | Section 8-803 of the
Code of Civil Procedure.
| ||||||
16 | In addition to the above persons required to
report | ||||||
17 | suspected cases of abused or neglected children, any other | ||||||
18 | person
may make a report if such person has reasonable cause to | ||||||
19 | believe a child
may be an abused child or a neglected child.
| ||||||
20 | Any person who enters into
employment on and after July 1, | ||||||
21 | 1986 and is mandated by virtue of that
employment to report | ||||||
22 | under this Act, shall sign a statement on a form
prescribed by | ||||||
23 | the Department, to the effect that the employee has knowledge
| ||||||
24 | and understanding of the reporting requirements of this Act. | ||||||
25 | The statement
shall be signed prior to commencement of the | ||||||
26 | employment. The signed
statement shall be retained by the |
| |||||||
| |||||||
1 | employer. The cost of printing,
distribution, and filing of the | ||||||
2 | statement shall be borne by the employer.
| ||||||
3 | The Department shall provide copies of this Act, upon | ||||||
4 | request, to all
employers employing persons who shall be | ||||||
5 | required under the provisions of
this Section to report under | ||||||
6 | this Act.
| ||||||
7 | Any person who knowingly transmits a false report to the | ||||||
8 | Department
commits the offense of disorderly conduct under | ||||||
9 | subsection (a)(7) of
Section 26-1 of the "Criminal Code of | ||||||
10 | 1961". Any person who violates this
provision a second or | ||||||
11 | subsequent time shall be guilty of a Class 3
felony.
| ||||||
12 | Any person who knowingly and willfully violates any | ||||||
13 | provision of this
Section other than a second or subsequent | ||||||
14 | violation of transmitting a
false report as described in the
| ||||||
15 | preceding paragraph, is guilty of a
Class A misdemeanor for
a | ||||||
16 | first violation and a Class
4 felony for a
second or subsequent | ||||||
17 | violation; except that if the person acted as part
of a plan or | ||||||
18 | scheme having as its object the
prevention of discovery of an | ||||||
19 | abused or neglected child by lawful authorities
for the
purpose | ||||||
20 | of protecting or insulating any person or entity from arrest or
| ||||||
21 | prosecution, the
person is guilty of a Class 4 felony for a | ||||||
22 | first offense and a Class 3 felony
for a second or
subsequent | ||||||
23 | offense (regardless of whether the second or subsequent offense
| ||||||
24 | involves any
of the same facts or persons as the first or other | ||||||
25 | prior offense).
| ||||||
26 | A child whose parent, guardian or custodian in good faith |
| |||||||
| |||||||
1 | selects and depends
upon spiritual means through prayer alone | ||||||
2 | for the treatment or cure of
disease or remedial care may be | ||||||
3 | considered neglected or abused, but not for
the sole reason | ||||||
4 | that his parent, guardian or custodian accepts and
practices | ||||||
5 | such beliefs.
| ||||||
6 | A child shall not be considered neglected or abused solely | ||||||
7 | because the
child is not attending school in accordance with | ||||||
8 | the requirements of
Article 26 of the School Code, as amended.
| ||||||
9 | Nothing in this Act prohibits a mandated reporter who | ||||||
10 | reasonably believes that an animal is being abused or neglected | ||||||
11 | in violation of the Humane Care for Animals Act from reporting | ||||||
12 | animal abuse or neglect to the Department of Agriculture's | ||||||
13 | Bureau of Animal Health and Welfare. | ||||||
14 | A home rule unit may not regulate the reporting of child | ||||||
15 | abuse or neglect in a manner inconsistent with the provisions | ||||||
16 | of this Section. This Section is a limitation under subsection | ||||||
17 | (i) of Section 6 of Article VII of the Illinois Constitution on | ||||||
18 | the concurrent exercise by home rule units of powers and | ||||||
19 | functions exercised by the State. | ||||||
20 | For purposes of this Section "child abuse or neglect" | ||||||
21 | includes abuse or neglect of an adult resident as defined in | ||||||
22 | this Act. | ||||||
23 | (Source: P.A. 95-10, eff. 6-30-07; 95-461, eff. 8-27-07; | ||||||
24 | 95-876, eff. 8-21-08; 95-908, eff. 8-26-08; 96-494, eff. | ||||||
25 | 8-14-09.)
|
| |||||||
| |||||||
1 | (325 ILCS 5/4.4a new) | ||||||
2 | Sec. 4.4a. Department of Children and Family Services duty | ||||||
3 | to report to Department of Human Services' Office of Inspector | ||||||
4 | General. Whenever the Department receives, by means of its | ||||||
5 | statewide toll-free telephone number established under Section | ||||||
6 | 7.6 for the purpose of reporting suspected child abuse or | ||||||
7 | neglect or by any other means or from any mandated reporter | ||||||
8 | under Section 4 of this Act, a report of suspected abuse, | ||||||
9 | neglect, or financial exploitation of a disabled adult between | ||||||
10 | the ages of 18 and 59 and who is not residing in a DCFS licensed | ||||||
11 | facility, the Department shall instruct the reporter to contact | ||||||
12 | the Department of Human Services' Office of the Inspector | ||||||
13 | General and shall provide the reporter with the statewide, | ||||||
14 | 24-hour toll-free telephone number established and maintained | ||||||
15 | by the Department of Human Services' Office of the Inspector | ||||||
16 | General.
| ||||||
17 | (325 ILCS 5/7) (from Ch. 23, par. 2057)
| ||||||
18 | Sec. 7. Time and manner of making reports. All reports of | ||||||
19 | suspected
child abuse or neglect made
under this Act shall be | ||||||
20 | made immediately by telephone to the central register
| ||||||
21 | established under Section 7.7 on the single, State-wide, | ||||||
22 | toll-free telephone
number established in Section 7.6, or in | ||||||
23 | person or by telephone through
the nearest Department office. | ||||||
24 | The Department shall, in cooperation with
school officials, | ||||||
25 | distribute
appropriate materials in school buildings
listing |
| |||||||
| |||||||
1 | the toll-free telephone number established in Section 7.6,
| ||||||
2 | including methods of making a report under this Act.
The | ||||||
3 | Department may, in cooperation with appropriate members of the | ||||||
4 | clergy,
distribute appropriate materials in churches, | ||||||
5 | synagogues, temples, mosques, or
other religious buildings | ||||||
6 | listing the toll-free telephone number
established in Section | ||||||
7 | 7.6, including methods of making a report under this
Act.
| ||||||
8 | Wherever the Statewide number is posted, there shall also | ||||||
9 | be posted the
following notice:
| ||||||
10 | "Any person who knowingly transmits a false report to the | ||||||
11 | Department
commits the offense of disorderly conduct under | ||||||
12 | subsection (a)(7) of
Section 26-1 of the Criminal Code of 1961. | ||||||
13 | A first violation of this
subsection is a Class A misdemeanor, | ||||||
14 | punishable by a term of imprisonment
for up to one year, or by | ||||||
15 | a fine not to exceed $1,000, or by both such term
and fine. A | ||||||
16 | second or subsequent violation is a Class 4 felony."
| ||||||
17 | The report required by this Act shall include, if known, | ||||||
18 | the name
and address of the child and his parents or other | ||||||
19 | persons having his
custody; the child's age; the nature of the | ||||||
20 | child's condition including any
evidence of previous injuries | ||||||
21 | or disabilities; and any other information
that the person | ||||||
22 | filing the report believes might be helpful in
establishing the | ||||||
23 | cause of such abuse or neglect and the identity of the
person | ||||||
24 | believed to have caused such abuse or neglect. Reports made to | ||||||
25 | the
central register through the State-wide, toll-free | ||||||
26 | telephone number shall
be immediately transmitted by the |
| |||||||
| |||||||
1 | Department to the appropriate Child Protective Service
Unit. | ||||||
2 | All such reports alleging the death of a child,
serious injury | ||||||
3 | to a child including, but not limited to, brain damage,
skull | ||||||
4 | fractures, subdural hematomas, and internal injuries, torture | ||||||
5 | of a
child, malnutrition of a child, and sexual abuse to a | ||||||
6 | child, including, but
not limited to, sexual intercourse, | ||||||
7 | sexual exploitation, sexual
molestation, and sexually | ||||||
8 | transmitted disease in a child age
12 and under, shall also be | ||||||
9 | immediately transmitted by the Department to the appropriate | ||||||
10 | local law enforcement agency. The Department shall within 24 | ||||||
11 | hours orally notify local law
enforcement personnel and the | ||||||
12 | office of the State's Attorney of the
involved county of the | ||||||
13 | receipt of any report alleging the death of a child,
serious | ||||||
14 | injury to a child including, but not limited to, brain damage,
| ||||||
15 | skull fractures, subdural hematomas, and, internal injuries, | ||||||
16 | torture of a
child, malnutrition of a child, and sexual abuse | ||||||
17 | to a child, including, but
not limited to, sexual intercourse, | ||||||
18 | sexual exploitation, sexual
molestation, and sexually | ||||||
19 | transmitted disease in a child age
twelve and under. All
oral | ||||||
20 | reports made by the Department to local law enforcement | ||||||
21 | personnel and
the office of the State's Attorney of the | ||||||
22 | involved county shall be
confirmed in writing within 24
hours | ||||||
23 | of the oral report. All reports by
persons mandated to report | ||||||
24 | under this Act shall be confirmed in writing to
the appropriate | ||||||
25 | Child Protective Service Unit, which may be on forms
supplied | ||||||
26 | by the Department, within 48 hours of any initial report.
|
| |||||||
| |||||||
1 | Written confirmation reports from persons not required to | ||||||
2 | report by this
Act may be made to the appropriate Child | ||||||
3 | Protective Service Unit. Written
reports from persons required | ||||||
4 | by this Act to report shall be admissible
in evidence in any | ||||||
5 | judicial proceeding relating to child abuse or neglect.
Reports | ||||||
6 | involving known or suspected child abuse or neglect in public | ||||||
7 | or
private residential agencies or institutions shall be made | ||||||
8 | and received
in the same manner as all other reports made under | ||||||
9 | this Act.
| ||||||
10 | For purposes of this Section "child" includes an adult | ||||||
11 | resident as defined in this Act. | ||||||
12 | (Source: P.A. 95-57, eff. 8-10-07.)
| ||||||
13 | (325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
| ||||||
14 | Sec. 7.3. (a) The Department shall be the sole agency | ||||||
15 | responsible for receiving
and investigating reports of child | ||||||
16 | abuse or neglect made under this Act,
including reports of | ||||||
17 | adult resident abuse or neglect as defined in this Act, except | ||||||
18 | where investigations by other agencies may be required with
| ||||||
19 | respect to reports alleging the death of a child, serious | ||||||
20 | injury to a child
or sexual abuse to a child made pursuant to | ||||||
21 | Sections 4.1 or 7 of this Act,
and except that the Department | ||||||
22 | may delegate the performance of the
investigation to the | ||||||
23 | Department of State Police, a law enforcement agency
and to | ||||||
24 | those private social service agencies which have been | ||||||
25 | designated for
this purpose by the Department prior to July 1, |
| |||||||
| |||||||
1 | 1980.
| ||||||
2 | (b) Notwithstanding any other provision of this Act, the | ||||||
3 | Department shall adopt rules expressly allowing law | ||||||
4 | enforcement personnel to investigate reports of suspected | ||||||
5 | child abuse or neglect concurrently with the Department, | ||||||
6 | without regard to whether the Department determines a report to | ||||||
7 | be "indicated" or "unfounded" or deems a report to be | ||||||
8 | "undetermined".
| ||||||
9 | (Source: P.A. 95-57, eff. 8-10-07.)
| ||||||
10 | (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
| ||||||
11 | Sec. 7.4. (a) The Department shall be capable of receiving | ||||||
12 | reports of
suspected child abuse or neglect 24 hours a day, 7 | ||||||
13 | days a week. Whenever
the Department receives a report alleging | ||||||
14 | that a child is a
truant as defined in Section 26-2a of The | ||||||
15 | School Code, as now or hereafter
amended, the Department shall | ||||||
16 | notify the superintendent of the school
district in which the | ||||||
17 | child resides and the appropriate superintendent of
the | ||||||
18 | educational service region. The notification to the | ||||||
19 | appropriate
officials by the Department shall not be considered | ||||||
20 | an allegation of abuse
or neglect under this Act.
| ||||||
21 | (a-5) Beginning January 1, 2010, the Department of Children | ||||||
22 | and Family Services may implement a 5-year demonstration of a | ||||||
23 | "differential response program" in accordance with criteria, | ||||||
24 | standards, and procedures prescribed by rule. The program may | ||||||
25 | provide that, upon receiving a report, the Department shall |
| |||||||
| |||||||
1 | determine whether to conduct a family assessment or an | ||||||
2 | investigation as appropriate to prevent or provide a remedy for | ||||||
3 | child abuse or neglect. | ||||||
4 | For purposes of this subsection (a-5), "family assessment" | ||||||
5 | means a comprehensive assessment of child safety, risk of | ||||||
6 | subsequent child maltreatment, and family strengths and needs | ||||||
7 | that is applied to a child maltreatment report that does not | ||||||
8 | allege substantial child endangerment. "Family assessment" | ||||||
9 | does not include a determination as to whether child | ||||||
10 | maltreatment occurred but does determine the need for services | ||||||
11 | to address the safety of family members and the risk of | ||||||
12 | subsequent maltreatment. | ||||||
13 | For purposes of this subsection (a-5), "investigation" | ||||||
14 | means fact-gathering related to the current safety of a child | ||||||
15 | and the risk of subsequent abuse or neglect that determines | ||||||
16 | whether a report of suspected child abuse or neglect should be | ||||||
17 | indicated or unfounded and whether child protective services | ||||||
18 | are needed. | ||||||
19 | Under the "differential response program" implemented | ||||||
20 | under this subsection (a-5), the Department: | ||||||
21 | (1) Shall conduct an investigation on reports | ||||||
22 | involving substantial child abuse or neglect. | ||||||
23 | (2) Shall begin an immediate investigation if, at any | ||||||
24 | time when it is using a family assessment response, it | ||||||
25 | determines that there is reason to believe that substantial | ||||||
26 | child abuse or neglect or a serious threat to the child's |
| |||||||
| |||||||
1 | safety exists. | ||||||
2 | (3) May conduct a family assessment for reports that do | ||||||
3 | not allege substantial child endangerment. In determining | ||||||
4 | that a family assessment is appropriate, the Department may | ||||||
5 | consider issues including, but not limited to, child | ||||||
6 | safety, parental cooperation, and the need for an immediate | ||||||
7 | response. | ||||||
8 | (4) Shall promulgate criteria, standards, and | ||||||
9 | procedures that shall be applied in making this | ||||||
10 | determination, taking into consideration the Child | ||||||
11 | Endangerment Risk Assessment Protocol of the Department. | ||||||
12 | (5) May conduct a family assessment on a report that | ||||||
13 | was initially screened and assigned for an investigation. | ||||||
14 | In determining that a complete investigation is not | ||||||
15 | required, the Department must document the reason for | ||||||
16 | terminating the investigation and notify the local law | ||||||
17 | enforcement agency or the Department of State Police if the | ||||||
18 | local law enforcement agency or Department of State Police is | ||||||
19 | conducting a joint investigation. | ||||||
20 | Once it is determined that a "family assessment" will be | ||||||
21 | implemented, the case shall not be reported to the central | ||||||
22 | register of abuse and neglect reports. | ||||||
23 | During a family assessment, the Department shall collect | ||||||
24 | any available and relevant information to determine child | ||||||
25 | safety, risk of subsequent abuse or neglect, and family | ||||||
26 | strengths. |
| |||||||
| |||||||
1 | Information collected includes, but is not limited to, when | ||||||
2 | relevant: information with regard to the person reporting the | ||||||
3 | alleged abuse or neglect, including the nature of the | ||||||
4 | reporter's relationship to the child and to the alleged | ||||||
5 | offender, and the basis of the reporter's knowledge for the | ||||||
6 | report; the child allegedly being abused or neglected; the | ||||||
7 | alleged offender; the child's caretaker; and other collateral | ||||||
8 | sources having relevant information related to the alleged | ||||||
9 | abuse or neglect. Information relevant to the assessment must | ||||||
10 | be asked for, and may include: | ||||||
11 | (A) The child's sex and age, prior reports of abuse or | ||||||
12 | neglect, information relating to developmental | ||||||
13 | functioning, credibility of the child's statement, and | ||||||
14 | whether the information provided under this paragraph (A) | ||||||
15 | is consistent with other information collected during the | ||||||
16 | course of the assessment or investigation. | ||||||
17 | (B) The alleged offender's age, a record check for | ||||||
18 | prior reports of abuse or neglect, and criminal charges and | ||||||
19 | convictions. The alleged offender may submit supporting | ||||||
20 | documentation relevant to the assessment. | ||||||
21 | (C) Collateral source information regarding the | ||||||
22 | alleged abuse or neglect and care of the child. Collateral | ||||||
23 | information includes, when relevant: (i) a medical | ||||||
24 | examination of the child; (ii) prior medical records | ||||||
25 | relating to the alleged maltreatment or care of the child | ||||||
26 | maintained by any facility, clinic, or health care |
| |||||||
| |||||||
1 | professional, and an interview with the treating | ||||||
2 | professionals; and (iii) interviews with the child's | ||||||
3 | caretakers, including the child's parent, guardian, foster | ||||||
4 | parent, child care provider, teachers, counselors, family | ||||||
5 | members, relatives, and other persons who may have | ||||||
6 | knowledge regarding the alleged maltreatment and the care | ||||||
7 | of the child. | ||||||
8 | (D) Information on the existence of domestic abuse and | ||||||
9 | violence in the home of the child, and substance abuse. | ||||||
10 | Nothing in this subsection (a-5) precludes the Department | ||||||
11 | from collecting other relevant information necessary to | ||||||
12 | conduct the assessment or investigation. Nothing in this | ||||||
13 | subsection (a-5) shall be construed to allow the name or | ||||||
14 | identity of a reporter to be disclosed in violation of the | ||||||
15 | protections afforded under Section 7.19 of this Act. | ||||||
16 | After conducting the family assessment, the Department | ||||||
17 | shall determine whether services are needed to address the | ||||||
18 | safety of the child and other family members and the risk of | ||||||
19 | subsequent abuse or neglect. | ||||||
20 | Upon completion of the family assessment, if the Department | ||||||
21 | concludes that no services shall be offered, then the case | ||||||
22 | shall be closed. If the Department concludes that services | ||||||
23 | shall be offered, the Department shall develop a family | ||||||
24 | preservation plan and offer or refer services to the family. | ||||||
25 | At any time during a family assessment, if the Department | ||||||
26 | believes there is any reason to stop the assessment and conduct |
| |||||||
| |||||||
1 | an investigation based on the information discovered, the | ||||||
2 | Department shall do so. | ||||||
3 | The procedures available to the Department in conducting | ||||||
4 | investigations under this Act shall be followed as appropriate | ||||||
5 | during a family assessment. | ||||||
6 | The Department shall arrange for an independent evaluation | ||||||
7 | of the "differential response program" authorized and | ||||||
8 | implemented under this subsection (a-5) to determine whether it | ||||||
9 | is meeting the goals in accordance with Section 2 of this Act. | ||||||
10 | The Department may adopt administrative rules necessary for the | ||||||
11 | execution of this Section, in accordance with Section 4 of the | ||||||
12 | Children and Family Services Act. | ||||||
13 | The demonstration conducted under this subsection (a-5) | ||||||
14 | shall become a permanent program on January 1, 2015, upon | ||||||
15 | completion of the demonstration project period.
| ||||||
16 | (b) (1) The following procedures shall be followed in the | ||||||
17 | investigation
of all reports of suspected abuse or neglect | ||||||
18 | of a child, except as provided
in subsection (c) of this | ||||||
19 | Section.
| ||||||
20 | (2) If, during a family assessment authorized by | ||||||
21 | subsection (a-5) or an investigation, it appears that the | ||||||
22 | immediate safety or well-being of a child is
endangered, | ||||||
23 | that the family may flee or the child disappear, or that | ||||||
24 | the
facts otherwise so warrant, the Child Protective | ||||||
25 | Service Unit shall
commence an investigation immediately, | ||||||
26 | regardless of the time of day or
night. All other |
| |||||||
| |||||||
1 | investigations shall be commenced within 24
hours of | ||||||
2 | receipt of the report. Upon receipt of a report, the Child
| ||||||
3 | Protective Service Unit shall conduct a family assessment | ||||||
4 | authorized by subsection (a-5) or begin an initial | ||||||
5 | investigation and make an initial
determination whether | ||||||
6 | the report is a good faith indication of alleged
child | ||||||
7 | abuse or neglect.
| ||||||
8 | (3) Based on an initial investigation, if the Unit | ||||||
9 | determines the report is a good faith
indication of alleged | ||||||
10 | child abuse or neglect, then a formal investigation
shall | ||||||
11 | commence and, pursuant to Section 7.12 of this Act, may or | ||||||
12 | may not
result in an indicated report. The formal | ||||||
13 | investigation shall include:
direct contact with the | ||||||
14 | subject or subjects of the report as soon as
possible after | ||||||
15 | the report is received; an
evaluation of the environment of | ||||||
16 | the child named in the report and any other
children in the | ||||||
17 | same environment; a determination of the risk to such
| ||||||
18 | children if they continue to remain in the existing | ||||||
19 | environments, as well
as a determination of the nature, | ||||||
20 | extent and cause of any condition
enumerated in such | ||||||
21 | report; the name, age and condition of other children in
| ||||||
22 | the environment; and an evaluation as to whether there | ||||||
23 | would be an
immediate and urgent necessity to remove the | ||||||
24 | child from the environment if
appropriate family | ||||||
25 | preservation services were provided. After seeing to
the | ||||||
26 | safety of the child or children, the Department shall
|
| |||||||
| |||||||
1 | forthwith notify the subjects of the report in writing, of | ||||||
2 | the existence
of the report and their rights existing under | ||||||
3 | this Act in regard to amendment
or expungement. To fulfill | ||||||
4 | the requirements of this Section, the Child
Protective | ||||||
5 | Service Unit shall have the capability of providing or | ||||||
6 | arranging
for comprehensive emergency services to children | ||||||
7 | and families at all times
of the day or night.
| ||||||
8 | (4) If (i) at the conclusion of the Unit's initial | ||||||
9 | investigation of a
report, the Unit determines the report | ||||||
10 | to be a good faith indication of
alleged child abuse or | ||||||
11 | neglect that warrants a formal investigation by
the Unit, | ||||||
12 | the Department, any law enforcement agency or any other
| ||||||
13 | responsible agency and (ii) the person who is alleged to | ||||||
14 | have caused the
abuse or neglect is employed or otherwise | ||||||
15 | engaged in an activity resulting
in frequent contact with | ||||||
16 | children and the alleged abuse or neglect are in
the course | ||||||
17 | of such employment or activity, then the Department shall,
| ||||||
18 | except in investigations where the Director determines | ||||||
19 | that such
notification would be detrimental to the | ||||||
20 | Department's investigation, inform
the appropriate | ||||||
21 | supervisor or administrator of that employment or activity
| ||||||
22 | that the Unit has commenced a formal investigation pursuant | ||||||
23 | to this Act,
which may or may not result in an indicated | ||||||
24 | report. The Department shall also
notify the person being | ||||||
25 | investigated, unless the Director determines that
such | ||||||
26 | notification would be detrimental to the Department's |
| |||||||
| |||||||
1 | investigation.
| ||||||
2 | (c) In an investigation of a report of suspected abuse or | ||||||
3 | neglect of
a child by a school employee at a school or on | ||||||
4 | school grounds, the
Department shall make reasonable efforts to | ||||||
5 | follow the following procedures:
| ||||||
6 | (1) Investigations involving teachers shall not, to | ||||||
7 | the extent possible,
be conducted when the teacher is | ||||||
8 | scheduled to conduct classes.
Investigations involving | ||||||
9 | other school employees shall be conducted so as to
minimize | ||||||
10 | disruption of the school day. The school employee accused | ||||||
11 | of
child abuse or neglect may have his superior, his | ||||||
12 | association or union
representative and his attorney | ||||||
13 | present at any interview or meeting at
which the teacher or | ||||||
14 | administrator is present. The accused school employee
| ||||||
15 | shall be informed by a representative of the Department, at | ||||||
16 | any
interview or meeting, of the accused school employee's | ||||||
17 | due process rights
and of the steps in the investigation | ||||||
18 | process.
The information shall include, but need not | ||||||
19 | necessarily be limited to the
right, subject to the | ||||||
20 | approval of the Department, of the school employee to
| ||||||
21 | confront the accuser, if the accuser is 14 years of age or | ||||||
22 | older, or the
right to review the specific allegations | ||||||
23 | which gave rise to the
investigation, and the right to | ||||||
24 | review all materials and evidence that have
been submitted | ||||||
25 | to the Department in support of the allegation. These due
| ||||||
26 | process rights shall also include the right of the school |
| |||||||
| |||||||
1 | employee to
present countervailing evidence regarding the | ||||||
2 | accusations.
| ||||||
3 | (2) If a report of neglect or abuse of a child by a | ||||||
4 | teacher or
administrator does not involve allegations of | ||||||
5 | sexual abuse or extreme
physical abuse, the Child | ||||||
6 | Protective Service Unit shall make reasonable
efforts to | ||||||
7 | conduct the initial investigation in coordination with the
| ||||||
8 | employee's supervisor.
| ||||||
9 | If the Unit determines that the report is a good faith | ||||||
10 | indication of
potential child abuse or neglect, it shall | ||||||
11 | then commence a formal
investigation under paragraph (3) of | ||||||
12 | subsection (b) of this Section.
| ||||||
13 | (3) If a report of neglect or abuse of a child by a | ||||||
14 | teacher or
administrator involves an allegation of sexual | ||||||
15 | abuse or extreme physical
abuse, the Child Protective Unit | ||||||
16 | shall commence an investigation under
paragraph (2) of | ||||||
17 | subsection (b) of this Section.
| ||||||
18 | (c-5) In any instance in which a report is made or caused | ||||||
19 | to made by a school district employee involving the conduct of | ||||||
20 | a person employed by the school district, at the time the | ||||||
21 | report was made, as required under Section 4 of this Act, the | ||||||
22 | Child Protective Service Unit shall send a copy of its final | ||||||
23 | finding report to the general superintendent of that school | ||||||
24 | district.
| ||||||
25 | (d) If the Department has contact with an employer, or with | ||||||
26 | a religious
institution or religious official having |
| |||||||
| |||||||
1 | supervisory or hierarchical authority
over a member of the | ||||||
2 | clergy accused of the abuse of a child,
in the course of its
| ||||||
3 | investigation, the Department shall notify the employer or the | ||||||
4 | religious
institution or religious official, in writing, when a
| ||||||
5 | report is unfounded so that any record of the investigation can | ||||||
6 | be expunged
from the employee's or member of the clergy's | ||||||
7 | personnel or other
records. The Department shall also notify
| ||||||
8 | the employee or the member of the clergy, in writing, that | ||||||
9 | notification
has been sent to the employer or to the | ||||||
10 | appropriate religious institution or
religious official
| ||||||
11 | informing the employer or religious institution or religious | ||||||
12 | official that
the
Department's investigation has resulted in
an | ||||||
13 | unfounded report.
| ||||||
14 | (e) Upon request by the Department, the
Department of State | ||||||
15 | Police and law enforcement agencies are
authorized to provide | ||||||
16 | criminal history record information
as defined in the Illinois | ||||||
17 | Uniform Conviction Information Act and information
maintained | ||||||
18 | in
the adjudicatory and dispositional record system as defined | ||||||
19 | in Section
2605-355 of the Department of State Police Law (20 | ||||||
20 | ILCS
2605/2605-355) to properly
designated
employees of the
| ||||||
21 | Department of Children
and Family Services if the Department | ||||||
22 | determines the information is
necessary to perform its duties | ||||||
23 | under the Abused and
Neglected Child Reporting Act, the Child | ||||||
24 | Care Act of 1969, and the Children and
Family Services Act. The
| ||||||
25 | request shall be in the form and manner required
by
the | ||||||
26 | Department of State Police. Any information obtained by the |
| |||||||
| |||||||
1 | Department of
Children
and Family Services under this Section | ||||||
2 | is
confidential and may not be transmitted outside the | ||||||
3 | Department of Children
and Family Services other than to a | ||||||
4 | court of competent jurisdiction or unless
otherwise authorized | ||||||
5 | by law.
Any employee of the Department of Children and Family | ||||||
6 | Services who transmits
confidential information in
violation | ||||||
7 | of this
Section or causes the information to be
transmitted in | ||||||
8 | violation of this Section is guilty of a Class A
misdemeanor | ||||||
9 | unless the transmittal of
the
information is
authorized by this | ||||||
10 | Section or otherwise authorized by law.
| ||||||
11 | (f) For purposes of this Section "child abuse or neglect" | ||||||
12 | includes abuse or neglect of an adult resident as defined in | ||||||
13 | this Act. | ||||||
14 | (Source: P.A. 95-908, eff. 8-26-08; 96-760, eff. 1-1-10.)
| ||||||
15 | (325 ILCS 5/7.7) (from Ch. 23, par. 2057.7)
| ||||||
16 | Sec. 7.7. There shall be a central register of all cases of | ||||||
17 | suspected
child abuse or neglect reported and maintained by the | ||||||
18 | Department under this
Act. Through the recording of initial, | ||||||
19 | preliminary, and final
reports, the central register shall be | ||||||
20 | operated in such a manner as to enable
the Department to: (1) | ||||||
21 | immediately identify and locate prior reports of
child abuse or | ||||||
22 | neglect; (2) continuously monitor the current status
of all | ||||||
23 | reports of child abuse or neglect being provided services under | ||||||
24 | this
Act; and (3) regularly evaluate the effectiveness of | ||||||
25 | existing laws and programs
through the development and analysis |
| |||||||
| |||||||
1 | of statistical and other information.
| ||||||
2 | The Department shall maintain in the central register a | ||||||
3 | listing of unfounded
reports where the subject of the unfounded | ||||||
4 | report requests that the record
not be expunged because the | ||||||
5 | subject alleges an intentional false report
was made. Such a | ||||||
6 | request must be made by the subject in writing to the
| ||||||
7 | Department, within 10 days of the investigation.
| ||||||
8 | The Department shall also maintain in the central register | ||||||
9 | a listing of
unfounded reports where the report was classified | ||||||
10 | as a priority one or priority
two report in accordance with the | ||||||
11 | Department's rules or the report was made by
a person mandated | ||||||
12 | to report suspected abuse or neglect under this Act.
| ||||||
13 | The Department shall maintain in the central register for 3 | ||||||
14 | years a listing
of unfounded reports involving the death of a | ||||||
15 | child, the sexual abuse of a
child, or serious physical injury | ||||||
16 | to a child as defined by the Department in
rules.
| ||||||
17 | For purposes of this Section "child abuse or neglect" | ||||||
18 | includes abuse or neglect of an adult resident as defined in | ||||||
19 | this Act. | ||||||
20 | (Source: P.A. 90-15, eff. 6-13-97.)
| ||||||
21 | (325 ILCS 5/7.10) (from Ch. 23, par. 2057.10)
| ||||||
22 | Sec. 7.10.
Upon the receipt of each oral report made under | ||||||
23 | this Act, the
Child Protective Service Unit shall immediately | ||||||
24 | transmit a copy thereof
to the state central register of child | ||||||
25 | abuse and neglect. A preliminary
report from a Child Protective |
| |||||||
| |||||||
1 | Service Unit shall be made at the time of
the first of any | ||||||
2 | 30-day extensions made pursuant to Section 7.12 and shall
| ||||||
3 | describe the status of the related investigation up to that | ||||||
4 | time, including
an evaluation of the present family situation | ||||||
5 | and danger to the child or
children, corrections or up-dating | ||||||
6 | of the initial report, and actions taken
or contemplated.
| ||||||
7 | For purposes of this Section "child" includes an adult | ||||||
8 | resident as defined in this Act. | ||||||
9 | (Source: P.A. 86-904.)
| ||||||
10 | (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
| ||||||
11 | Sec. 7.14. All reports in the central register shall be | ||||||
12 | classified in one
of three categories: "indicated", | ||||||
13 | "unfounded" or "undetermined", as the
case may be. After the | ||||||
14 | report is classified, the person making the
classification | ||||||
15 | shall determine whether the child named in the
report is the | ||||||
16 | subject of an action under Article II of the Juvenile Court
Act | ||||||
17 | of 1987. If the child is the subject of an action under Article | ||||||
18 | II of the
Juvenile Court Act, the Department shall transmit a | ||||||
19 | copy of the report to
the guardian ad litem appointed for the | ||||||
20 | child under Section 2-17 of the
Juvenile Court Act. All | ||||||
21 | information identifying the subjects of an unfounded
report | ||||||
22 | shall be expunged from the register
forthwith, except as | ||||||
23 | provided in Section 7.7.
Unfounded reports may only be made | ||||||
24 | available to the Child
Protective Service Unit when | ||||||
25 | investigating a subsequent report of suspected
abuse or |
| |||||||
| |||||||
1 | maltreatment involving a child named in the unfounded report; | ||||||
2 | and to
the subject of the report, provided that the subject | ||||||
3 | requests the report within
60 days of being notified that the | ||||||
4 | report was unfounded. The Child Protective
Service Unit shall | ||||||
5 | not indicate the subsequent report solely based upon the
| ||||||
6 | existence of the prior unfounded report or reports. | ||||||
7 | Notwithstanding any other
provision of law to the contrary, an | ||||||
8 | unfounded report shall not be admissible
in any judicial or | ||||||
9 | administrative proceeding or action.
Identifying information | ||||||
10 | on all other records shall be
removed from the register no | ||||||
11 | later than 5 years after the report is indicated.
However, if | ||||||
12 | another report is received involving the same child, his | ||||||
13 | sibling
or offspring, or a child in the care of the persons | ||||||
14 | responsible for the
child's welfare, or involving the same | ||||||
15 | alleged offender, the
identifying
information may be | ||||||
16 | maintained in the register
until 5 years after the subsequent | ||||||
17 | case or report is closed.
| ||||||
18 | Notwithstanding any other provision of this Section, | ||||||
19 | identifying
information in indicated reports involving serious | ||||||
20 | physical injury to a child as defined by the
Department in | ||||||
21 | rules, may be retained longer than 5 years after the report
is | ||||||
22 | indicated or after the subsequent case or report is closed, and | ||||||
23 | may not
be removed from the register except as provided by the | ||||||
24 | Department in rules. Identifying information in indicated | ||||||
25 | reports involving sexual penetration of a child, sexual | ||||||
26 | molestation of a child, sexual exploitation of a child, torture |
| |||||||
| |||||||
1 | of a child, or the death of a child, as defined by the | ||||||
2 | Department in rules, shall be retained for a period of not less | ||||||
3 | than 50 years after the report is indicated or after the | ||||||
4 | subsequent case or report is closed.
| ||||||
5 | For purposes of this Section "child" includes an adult | ||||||
6 | resident as defined in this Act. | ||||||
7 | (Source: P.A. 94-160, eff. 7-11-05.)
| ||||||
8 | (325 ILCS 5/8.1) (from Ch. 23, par. 2058.1)
| ||||||
9 | Sec. 8.1.
If the Child Protective Service Unit determines | ||||||
10 | after
investigating a report that there is no credible evidence | ||||||
11 | that a child is
abused or neglected, it shall deem the report | ||||||
12 | to be an unfounded report.
However, if it appears that the | ||||||
13 | child or family could benefit from other
social services, the | ||||||
14 | local service may suggest such services, including
services | ||||||
15 | under Section 8.2, for the family's voluntary acceptance or | ||||||
16 | refusal.
If the family declines such services, the Department | ||||||
17 | shall take appropriate
action in keeping with the best interest | ||||||
18 | of the child, including referring a
member of the child's | ||||||
19 | family to a facility licensed by the Department of
Human | ||||||
20 | Services or the Department of
Public Health. For purposes of | ||||||
21 | this Section "child" includes an adult resident as defined in | ||||||
22 | this Act.
| ||||||
23 | (Source: P.A. 88-85; 88-487; 88-670, eff. 12-2-94; 89-507, eff. | ||||||
24 | 7-1-97.)
|
| |||||||
| |||||||
1 | (325 ILCS 5/8.5) (from Ch. 23, par. 2058.5)
| ||||||
2 | Sec. 8.5.
The Child Protective Service Unit shall maintain | ||||||
3 | a local child
abuse and neglect index of all cases reported | ||||||
4 | under this Act which will
enable it to determine the location | ||||||
5 | of case records and to monitor the timely
and proper | ||||||
6 | investigation and disposition of cases. The index shall include
| ||||||
7 | the information contained in the initial, progress, and final | ||||||
8 | reports required
under this Act, and any other appropriate | ||||||
9 | information. For purposes of this Section "child abuse and | ||||||
10 | neglect" includes abuse or neglect of an adult resident as | ||||||
11 | defined in this Act.
| ||||||
12 | (Source: P.A. 81-1077.)
| ||||||
13 | (325 ILCS 5/9) (from Ch. 23, par. 2059)
| ||||||
14 | Sec. 9. Any person, institution or agency, under this Act, | ||||||
15 | participating
in good faith in the making of a report or | ||||||
16 | referral, or in the investigation of
such a report or referral | ||||||
17 | or in the taking of photographs and x-rays
or in the retaining | ||||||
18 | a child in temporary protective custody or in making a
| ||||||
19 | disclosure of information concerning reports of child abuse and | ||||||
20 | neglect in
compliance with Sections 4.2 and 11.1 of this Act or | ||||||
21 | Section 4 of this Act, as it relates to disclosure by school | ||||||
22 | personnel and except in cases of wilful or wanton misconduct,
| ||||||
23 | shall have immunity
from any liability, civil,
criminal or that | ||||||
24 | otherwise might result by reason of such actions. For
the | ||||||
25 | purpose of any proceedings,
civil or criminal, the good faith |
| |||||||
| |||||||
1 | of any persons required to report or refer,
or permitted to | ||||||
2 | report,
cases of suspected child abuse or neglect or permitted | ||||||
3 | to refer
individuals under this Act or required to disclose | ||||||
4 | information concerning
reports of child abuse and neglect in | ||||||
5 | compliance with Sections 4.2 and 11.1
of this Act, shall be | ||||||
6 | presumed. For purposes of this Section "child abuse and | ||||||
7 | neglect" includes abuse or neglect of an adult resident as | ||||||
8 | defined in this Act.
| ||||||
9 | (Source: P.A. 95-908, eff. 8-26-08.)
| ||||||
10 | (325 ILCS 5/9.1) (from Ch. 23, par. 2059.1)
| ||||||
11 | Sec. 9.1. Employer discrimination. No employer shall | ||||||
12 | discharge,
demote or suspend, or threaten to discharge, demote | ||||||
13 | or suspend, or in any
manner discriminate against any employee | ||||||
14 | who makes any good faith oral or
written report of suspected | ||||||
15 | child abuse or neglect, or who is or will be a
witness or | ||||||
16 | testify in any investigation or proceeding concerning a report
| ||||||
17 | of suspected child abuse or neglect. For purposes of this | ||||||
18 | Section "child abuse or neglect" includes abuse or neglect of | ||||||
19 | an adult resident as defined in this Act.
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20 | (Source: P.A. 86-904.)
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21 | (325 ILCS 5/11) (from Ch. 23, par. 2061)
| ||||||
22 | Sec. 11.
All records concerning reports
of child abuse and | ||||||
23 | neglect
or records concerning referrals under this Act
and
all | ||||||
24 | records generated as a result of such reports or referrals, |
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| |||||||
1 | shall be
confidential
and shall not be disclosed except as | ||||||
2 | specifically authorized by this Act
or other applicable law. It | ||||||
3 | is a Class A misdemeanor to permit, assist,
or encourage the | ||||||
4 | unauthorized release of any information contained in such
| ||||||
5 | reports, referrals or records.
| ||||||
6 | Nothing contained in this Section prevents the sharing or | ||||||
7 | disclosure of
records relating or pertaining to the death of a | ||||||
8 | minor under the care of or
receiving services from the | ||||||
9 | Department of Children and Family Services and
under the | ||||||
10 | jurisdiction of the juvenile court with the juvenile court, the
| ||||||
11 | State's Attorney, and the minor's attorney. For purposes of | ||||||
12 | this Section "child abuse and neglect" includes abuse or | ||||||
13 | neglect of an adult resident as defined in this Act.
| ||||||
14 | (Source: P.A. 90-15, eff. 6-13-97.)
| ||||||
15 | Section 95. No acceleration or delay. Where this Act makes | ||||||
16 | changes in a statute that is represented in this Act by text | ||||||
17 | that is not yet or no longer in effect (for example, a Section | ||||||
18 | represented by multiple versions), the use of that text does | ||||||
19 | not accelerate or delay the taking effect of (i) the changes | ||||||
20 | made by this Act or (ii) provisions derived from any other | ||||||
21 | Public Act. | ||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law. |