99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1752

 

Introduced 2/20/2015, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/6b  from Ch. 23, par. 5006b
20 ILCS 505/21  from Ch. 23, par. 5021
325 ILCS 5/3  from Ch. 23, par. 2053
325 ILCS 5/5  from Ch. 23, par. 2055
325 ILCS 5/7.4  from Ch. 23, par. 2057.4
325 ILCS 5/7.16a new

    Amends the Children and Family Services Act. In a provision concerning the Department of Children and Family Services' case tracking system, provides that the case tracking system shall monitor and provide data concerning families subject to safety plans as that term is defined in the Abused and Neglected Child Reporting Act. Adds provisions concerning certain requirements a safety plan shall comport with and the termination of a safety plan. Amends the Abused and Neglected Child Reporting Act. Defines "safety plan". Makes changes to a provision concerning conditions under which an officer of a local law enforcement agency or other specified persons may take or retain temporary protective custody of a child without the consent of the person responsible for the child's welfare. Adds provisions concerning (i) the conditions under which a person is prohibited from maintaining a child in temporary protective custody or implementing and maintaining a safety plan; (ii) certain actions that must be taken when implementing a safety plan and certain information required in a safety plan; and (iii) a parent or guardian's right to review a safety plan. Effective immediately.


LRB099 06947 KTG 27029 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1752LRB099 06947 KTG 27029 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by changing Sections 6b and 21 as follows:
 
6    (20 ILCS 505/6b)  (from Ch. 23, par. 5006b)
7    Sec. 6b. Case tracking system.
8    (1) The Department shall establish and operate a case
9tracking system which shall be designed to monitor and evaluate
10family preservation, family reunification and placement
11services.
12    (2) The Department shall establish and operate the case
13tracking system for the Department clients for whom the
14Department is providing or paying for such services. The
15Department shall work with the courts in the development of a
16cooperative case tracking system.
17    (3) The Department shall determine the basic elements and
18access and provide for records of the case tracking system to
19not be open to the general public.
20    (4) The Department shall use the case tracking system to
21determine whether any child reported to the Department under
22Section 3.5 of the Intergovernmental Missing Child Recovery Act
23of 1984 matches a Department ward and whether that child had

 

 

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1been abandoned within the previous 2 months.
2    (5) The case tracking system shall monitor and provide data
3concerning families subject to safety plans as defined in
4Section 3 of the Abused and Neglected Child Reporting Act.
5(Source: P.A. 89-213, eff. 1-1-96.)
 
6    (20 ILCS 505/21)  (from Ch. 23, par. 5021)
7    Sec. 21. Investigative powers; training.
8    (a) To make such investigations as it may deem necessary to
9the performance of its duties.
10    (b) In the course of any such investigation any qualified
11person authorized by the Director may administer oaths and
12secure by its subpoena both the attendance and testimony of
13witnesses and the production of books and papers relevant to
14such investigation. Any person who is served with a subpoena by
15the Department to appear and testify or to produce books and
16papers, in the course of an investigation authorized by law,
17and who refuses or neglects to appear, or to testify, or to
18produce books and papers relevant to such investigation, as
19commanded in such subpoena, shall be guilty of a Class B
20misdemeanor. The fees of witnesses for attendance and travel
21shall be the same as the fees of witnesses before the circuit
22courts of this State. Any circuit court of this State, upon
23application of the person requesting the hearing or the
24Department, may compel the attendance of witnesses, the
25production of books and papers, and giving of testimony before

 

 

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1the Department or before any authorized officer or employee
2thereof, by an attachment for contempt or otherwise, in the
3same manner as production of evidence may be compelled before
4such court. Every person who, having taken an oath or made
5affirmation before the Department or any authorized officer or
6employee thereof, shall willfully swear or affirm falsely,
7shall be guilty of perjury and upon conviction shall be
8punished accordingly.
9    (c) Investigations initiated under this Section shall
10provide individuals due process of law, including the right to
11a hearing, to cross-examine witnesses, to obtain relevant
12documents, and to present evidence. Administrative findings
13shall be subject to the provisions of the Administrative Review
14Law.
15    (d) Beginning July 1, 1988, any child protective
16investigator or supervisor or child welfare specialist or
17supervisor employed by the Department on the effective date of
18this amendatory Act of 1987 shall have completed a training
19program which shall be instituted by the Department. The
20training program shall include, but not be limited to, the
21following: (1) training in the detection of symptoms of child
22neglect and drug abuse; (2) specialized training for dealing
23with families and children of drug abusers; and (3) specific
24training in child development, family dynamics and interview
25techniques. Such program shall conform to the criteria and
26curriculum developed under Section 4 of the Child Protective

 

 

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1Investigator and Child Welfare Specialist Certification Act of
21987. Failure to complete such training due to lack of
3opportunity provided by the Department shall in no way be
4grounds for any disciplinary or other action against an
5investigator or a specialist.
6    The Department shall develop a continuous inservice staff
7development program and evaluation system. Each child
8protective investigator and supervisor and child welfare
9specialist and supervisor shall participate in such program and
10evaluation and shall complete a minimum of 20 hours of
11inservice education and training every 2 years in order to
12maintain certification.
13    Any child protective investigator or child protective
14supervisor, or child welfare specialist or child welfare
15specialist supervisor hired by the Department who begins his
16actual employment after the effective date of this amendatory
17Act of 1987, shall be certified pursuant to the Child
18Protective Investigator and Child Welfare Specialist
19Certification Act of 1987 before he begins such employment.
20Nothing in this Act shall replace or diminish the rights of
21employees under the Illinois Public Labor Relations Act, as
22amended, or the National Labor Relations Act. In the event of
23any conflict between either of those Acts, or any collective
24bargaining agreement negotiated thereunder, and the provisions
25of subsections (d) and (e), the former shall prevail and
26control.

 

 

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1    (e) The Department shall develop and implement the
2following:
3        (1) A standardized child endangerment risk assessment
4    protocol.
5        (2) Related training procedures.
6        (3) A standardized method for demonstration of
7    proficiency in application of the protocol.
8        (4) An evaluation of the reliability and validity of
9    the protocol.
10All child protective investigators and supervisors and child
11welfare specialists and supervisors employed by the Department
12or its contractors shall be required, subsequent to the
13availability of training under this Act, to demonstrate
14proficiency in application of the protocol previous to being
15permitted to make decisions about the degree of risk posed to
16children for whom they are responsible. The Department shall
17establish a multi-disciplinary advisory committee appointed by
18the Director, including but not limited to representatives from
19the fields of child development, domestic violence, family
20systems, juvenile justice, law enforcement, health care,
21mental health, substance abuse, and social service to advise
22the Department and its related contractors in the development
23and implementation of the child endangerment risk assessment
24protocol, related training, method for demonstration of
25proficiency in application of the protocol, and evaluation of
26the reliability and validity of the protocol. The Department

 

 

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1shall develop the protocol, training curriculum, method for
2demonstration of proficiency in application of the protocol and
3method for evaluation of the reliability and validity of the
4protocol by July 1, 1995. Training and demonstration of
5proficiency in application of the child endangerment risk
6assessment protocol for all child protective investigators and
7supervisors and child welfare specialists and supervisors
8shall be completed as soon as practicable, but no later than
9January 1, 1996. The Department shall submit to the General
10Assembly on or before May 1, 1996, and every year thereafter,
11an annual report on the evaluation of the reliability and
12validity of the child endangerment risk assessment protocol.
13The Department shall contract with a not for profit
14organization with demonstrated expertise in the field of child
15endangerment risk assessment to assist in the development and
16implementation of the child endangerment risk assessment
17protocol, related training, method for demonstration of
18proficiency in application of the protocol, and evaluation of
19the reliability and validity of the protocol.
20    (f) Whenever a safety plan as defined in Section 3 of the
21Abused and Neglected Child Reporting Act is implemented, the
22The Department shall provide each parent or guardian, and
23responsible adult any caregiver with responsibilities under
24the safety plan, participating in a safety plan a copy of the
25written safety plan as signed by each parent or guardian and
26responsible adult such caregiver and by a representative of the

 

 

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1Department. The Department shall also provide each parent or
2guardian, and responsible adult any caregiver with
3responsibilities under the safety plan, safety plan
4information on their rights and responsibilities that shall
5include, but need not be limited to, information on how to
6obtain medical care, emergency phone numbers, and information
7on how to notify schools or day care providers as appropriate.
8The Department's representative shall ensure that the safety
9plan is reviewed and approved by the child protection
10supervisor. A safety plan shall comport with the requirements
11set forth in paragraph (3.5) of subsection (b) of Section 7.4
12of the Abused and Neglected Child Reporting Act.
13    (g) Upon termination of a safety plan, each parent or
14guardian and each caregiver with responsibilities under the
15safety plan shall be given written verification from the
16Department, or its designee, that the safety plan has been
17terminated. Upon termination of the safety plan, the
18Department, or its designee, shall make all reasonable efforts
19to transition physical possession of the child to the custodial
20parent or legal guardian.
21(Source: P.A. 98-830, eff. 1-1-15.)
 
22    Section 10. The Abused and Neglected Child Reporting Act is
23amended by changing Sections 3, 5, and 7.4 and by adding
24Section 7.16a as follows:
 

 

 

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1    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
2    Sec. 3. As used in this Act unless the context otherwise
3requires:
4    "Adult resident" means any person between 18 and 22 years
5of age who resides in any facility licensed by the Department
6under the Child Care Act of 1969. For purposes of this Act, the
7criteria set forth in the definitions of "abused child" and
8"neglected child" shall be used in determining whether an adult
9resident is abused or neglected.
10    "Blatant disregard" means an incident where the real,
11significant, and imminent risk of harm would be so obvious to a
12reasonable parent or caretaker that it is unlikely that a
13reasonable parent or caretaker would have exposed the child to
14the danger without exercising precautionary measures to
15protect the child from harm.
16    "Child" means any person under the age of 18 years, unless
17legally emancipated by reason of marriage or entry into a
18branch of the United States armed services.
19    "Department" means Department of Children and Family
20Services.
21    "Local law enforcement agency" means the police of a city,
22town, village or other incorporated area or the sheriff of an
23unincorporated area or any sworn officer of the Illinois
24Department of State Police.
25    "Abused child" means a child whose parent or immediate
26family member, or any person responsible for the child's

 

 

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1welfare, or any individual residing in the same home as the
2child, or a paramour of the child's parent:
3        (a) inflicts, causes to be inflicted, or allows to be
4    inflicted upon such child physical injury, by other than
5    accidental means, which causes death, disfigurement,
6    impairment of physical or emotional health, or loss or
7    impairment of any bodily function;
8        (b) creates a substantial risk of physical injury to
9    such child by other than accidental means which would be
10    likely to cause death, disfigurement, impairment of
11    physical or emotional health, or loss or impairment of any
12    bodily function;
13        (c) commits or allows to be committed any sex offense
14    against such child, as such sex offenses are defined in the
15    Criminal Code of 2012 or in the Wrongs to Children Act, and
16    extending those definitions of sex offenses to include
17    children under 18 years of age;
18        (d) commits or allows to be committed an act or acts of
19    torture upon such child;
20        (e) inflicts excessive corporal punishment;
21        (f) commits or allows to be committed the offense of
22    female genital mutilation, as defined in Section 12-34 of
23    the Criminal Code of 2012, against the child;
24        (g) causes to be sold, transferred, distributed, or
25    given to such child under 18 years of age, a controlled
26    substance as defined in Section 102 of the Illinois

 

 

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1    Controlled Substances Act in violation of Article IV of the
2    Illinois Controlled Substances Act or in violation of the
3    Methamphetamine Control and Community Protection Act,
4    except for controlled substances that are prescribed in
5    accordance with Article III of the Illinois Controlled
6    Substances Act and are dispensed to such child in a manner
7    that substantially complies with the prescription; or
8        (h) commits or allows to be committed the offense of
9    involuntary servitude, involuntary sexual servitude of a
10    minor, or trafficking in persons as defined in Section 10-9
11    of the Criminal Code of 2012 against the child.
12    A child shall not be considered abused for the sole reason
13that the child has been relinquished in accordance with the
14Abandoned Newborn Infant Protection Act.
15    "Neglected child" means any child who is not receiving the
16proper or necessary nourishment or medically indicated
17treatment including food or care not provided solely on the
18basis of the present or anticipated mental or physical
19impairment as determined by a physician acting alone or in
20consultation with other physicians or otherwise is not
21receiving the proper or necessary support or medical or other
22remedial care recognized under State law as necessary for a
23child's well-being, or other care necessary for his or her
24well-being, including adequate food, clothing and shelter; or
25who is subjected to an environment which is injurious insofar
26as (i) the child's environment creates a likelihood of harm to

 

 

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1the child's health, physical well-being, or welfare and (ii)
2the likely harm to the child is the result of a blatant
3disregard of parent or caretaker responsibilities; or who is
4abandoned by his or her parents or other person responsible for
5the child's welfare without a proper plan of care; or who has
6been provided with interim crisis intervention services under
7Section 3-5 of the Juvenile Court Act of 1987 and whose parent,
8guardian, or custodian refuses to permit the child to return
9home and no other living arrangement agreeable to the parent,
10guardian, or custodian can be made, and the parent, guardian,
11or custodian has not made any other appropriate living
12arrangement for the child; or who is a newborn infant whose
13blood, urine, or meconium contains any amount of a controlled
14substance as defined in subsection (f) of Section 102 of the
15Illinois Controlled Substances Act or a metabolite thereof,
16with the exception of a controlled substance or metabolite
17thereof whose presence in the newborn infant is the result of
18medical treatment administered to the mother or the newborn
19infant. A child shall not be considered neglected for the sole
20reason that the child's parent or other person responsible for
21his or her welfare has left the child in the care of an adult
22relative for any period of time. A child shall not be
23considered neglected for the sole reason that the child has
24been relinquished in accordance with the Abandoned Newborn
25Infant Protection Act. A child shall not be considered
26neglected or abused for the sole reason that such child's

 

 

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1parent or other person responsible for his or her welfare
2depends upon spiritual means through prayer alone for the
3treatment or cure of disease or remedial care as provided under
4Section 4 of this Act. A child shall not be considered
5neglected or abused solely because the child is not attending
6school in accordance with the requirements of Article 26 of The
7School Code, as amended.
8    "Child Protective Service Unit" means certain specialized
9State employees of the Department assigned by the Director to
10perform the duties and responsibilities as provided under
11Section 7.2 of this Act.
12    "Person responsible for the child's welfare" means the
13child's parent; guardian; foster parent; relative caregiver;
14any person responsible for the child's welfare in a public or
15private residential agency or institution; any person
16responsible for the child's welfare within a public or private
17profit or not for profit child care facility; or any other
18person responsible for the child's welfare at the time of the
19alleged abuse or neglect, including any person that is the
20custodian of a child under 18 years of age who commits or
21allows to be committed, against the child, the offense of
22involuntary servitude, involuntary sexual servitude of a
23minor, or trafficking in persons for forced labor or services,
24as provided in Section 10-9 of the Criminal Code of 2012, or
25any person who came to know the child through an official
26capacity or position of trust, including but not limited to

 

 

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1health care professionals, educational personnel, recreational
2supervisors, members of the clergy, and volunteers or support
3personnel in any setting where children may be subject to abuse
4or neglect.
5    "Safety plan" means any plan that sets forth a written
6condition that limits, restricts, or modifies a parent or
7guardian's interaction with his or her child, including but not
8limited to a requirement that a child, parent, or guardian
9relocate from the family home, that another person reside in
10the family home, or that a parent or guardian have no
11unsupervised contact with a child, except that a safety plan
12does not include such conditions when incorporated in a court
13order entered under the Juvenile Court Act of 1987.
14    "Temporary protective custody" means custody within a
15hospital or other medical facility or a place previously
16designated for such custody by the Department, subject to
17review by the Court, including a licensed foster home, group
18home, or other institution; but such place shall not be a jail
19or other place for the detention of criminal or juvenile
20offenders.
21    "An unfounded report" means any report made under this Act
22for which it is determined after an investigation that no
23credible evidence of abuse or neglect exists.
24    "An indicated report" means a report made under this Act if
25an investigation determines that credible evidence of the
26alleged abuse or neglect exists.

 

 

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1    "An undetermined report" means any report made under this
2Act in which it was not possible to initiate or complete an
3investigation on the basis of information provided to the
4Department.
5    "Subject of report" means any child reported to the central
6register of child abuse and neglect established under Section
77.7 of this Act as an alleged victim of child abuse or neglect
8and the parent or guardian of the alleged victim or other
9person responsible for the alleged victim's welfare who is
10named in the report or added to the report as an alleged
11perpetrator of child abuse or neglect.
12    "Perpetrator" means a person who, as a result of
13investigation, has been determined by the Department to have
14caused child abuse or neglect.
15    "Member of the clergy" means a clergyman or practitioner of
16any religious denomination accredited by the religious body to
17which he or she belongs.
18(Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10;
1996-1464, eff. 8-20-10; 97-333, eff. 8-12-11; 97-803, eff.
207-13-12; 97-897, eff. 1-1-13; 97-1063, eff. 8-24-12; 97-1150,
21eff. 1-25-13.)
 
22    (325 ILCS 5/5)  (from Ch. 23, par. 2055)
23    Sec. 5. An officer of a local law enforcement agency, a
24designated employee of the Department, or a physician treating
25a child may take or retain temporary protective custody of the

 

 

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1child without the consent of the person responsible for the
2child's welfare, or may state that he or she or his or her
3agent will do so, only if: (1) there is imminent danger to the
4child; (2) there is no time to apply for a court order under
5the Juvenile Court Act of 1987 for temporary custody of the
6child; and (3) there is objective reasonable evidence that a
7child is abused or neglected by his or her parent or guardian
8such that the protection of the child requires such action
9prior to judicial authorization. if (1) he has reason to
10believe that the child cannot be cared for at home or in the
11custody of the person responsible for the child's welfare
12without endangering the child's health or safety; and (2) there
13is not time to apply for a court order under the Juvenile Court
14Act of 1987 for temporary custody of the child. The person
15taking or retaining a child in temporary protective custody
16shall immediately make every reasonable effort to notify the
17person responsible for the child's welfare and shall
18immediately notify the Department. The Department shall
19provide to the temporary caretaker of a child any information
20in the Department's possession concerning the positive results
21of a test performed on the child to determine the presence of
22the antibody or antigen to Human Immunodeficiency Virus (HIV),
23or of HIV infection, as well as any communicable diseases or
24communicable infections that the child has. The temporary
25caretaker of a child shall not disclose to another person any
26information received by the temporary caretaker from the

 

 

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1Department concerning the results of a test performed on the
2child to determine the presence of the antibody or antigen to
3HIV, or of HIV infection, except pursuant to Section 9 of the
4AIDS Confidentiality Act, as now or hereafter amended. The
5Department shall promptly initiate proceedings under the
6Juvenile Court Act of 1987 for the continued temporary custody
7of the child.
8    No person acting pursuant to this Section shall maintain a
9child in temporary protective custody or implement or maintain
10a safety plan if: (i) there will no longer exist imminent
11danger to the child if the temporary protective custody or
12safety plan condition is removed; or (ii) there is no longer
13objective reasonable evidence that a child is abused or
14neglected by his or her parent or guardian. If the Department
15or another authorized person has applied for a court order for
16the temporary custody of the child and the application has been
17rejected by the State's Attorney or public official reviewing
18the application, the Department or other authorized person
19shall promptly inform the parent or guardian of that rejection.
20    Where the physician keeping a child in his custody does so
21in his capacity as a member of the staff of a hospital or
22similar institution, he shall notify the person in charge of
23the institution or his designated agent, who shall then become
24responsible for the further care of such child in the hospital
25or similar institution under the direction of the Department.
26    Said care includes, but is not limited to the granting of

 

 

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1permission to perform emergency medical treatment to a minor
2where the treatment itself does not involve a substantial risk
3of harm to the minor and the failure to render such treatment
4will likely result in death or permanent harm to the minor, and
5there is not time to apply for a court order under the Juvenile
6Court Act of 1987.
7    Any person authorized and acting in good faith in the
8removal of a child under this Section shall have immunity from
9any liability, civil or criminal that might otherwise be
10incurred or imposed as a result of such removal. Any physician
11authorized and acting in good faith and in accordance with
12acceptable medical practice in the treatment of a child under
13this Section shall have immunity from any liability, civil or
14criminal, that might otherwise be incurred or imposed as a
15result of granting permission for emergency treatment.
16    With respect to any child taken into temporary protective
17custody pursuant to this Section, the Department of Children
18and Family Services Guardianship Administrator or his designee
19shall be deemed the child's legally authorized representative
20for purposes of consenting to an HIV test if deemed necessary
21and appropriate by the Department's Guardianship Administrator
22or designee and obtaining and disclosing information
23concerning such test pursuant to the AIDS Confidentiality Act
24if deemed necessary and appropriate by the Department's
25Guardianship Administrator or designee and for purposes of
26consenting to the release of information pursuant to the

 

 

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1Illinois Sexually Transmissible Disease Control Act if deemed
2necessary and appropriate by the Department's Guardianship
3Administrator or designee.
4    Any person who administers an HIV test upon the consent of
5the Department of Children and Family Services Guardianship
6Administrator or his designee, or who discloses the results of
7such tests to the Department's Guardianship Administrator or
8his designee, shall have immunity from any liability, civil,
9criminal or otherwise, that might result by reason of such
10actions. For the purpose of any proceedings, civil or criminal,
11the good faith of any persons required to administer or
12disclose the results of tests, or permitted to take such
13actions, shall be presumed.
14(Source: P.A. 90-28, eff. 1-1-98.)
 
15    (325 ILCS 5/7.4)  (from Ch. 23, par. 2057.4)
16    Sec. 7.4. (a) The Department shall be capable of receiving
17reports of suspected child abuse or neglect 24 hours a day, 7
18days a week. Whenever the Department receives a report alleging
19that a child is a truant as defined in Section 26-2a of The
20School Code, as now or hereafter amended, the Department shall
21notify the superintendent of the school district in which the
22child resides and the appropriate superintendent of the
23educational service region. The notification to the
24appropriate officials by the Department shall not be considered
25an allegation of abuse or neglect under this Act.

 

 

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1    (a-5) Beginning January 1, 2010, the Department of Children
2and Family Services may implement a 5-year demonstration of a
3"differential response program" in accordance with criteria,
4standards, and procedures prescribed by rule. The program may
5provide that, upon receiving a report, the Department shall
6determine whether to conduct a family assessment or an
7investigation as appropriate to prevent or provide a remedy for
8child abuse or neglect.
9    For purposes of this subsection (a-5), "family assessment"
10means a comprehensive assessment of child safety, risk of
11subsequent child maltreatment, and family strengths and needs
12that is applied to a child maltreatment report that does not
13allege substantial child endangerment. "Family assessment"
14does not include a determination as to whether child
15maltreatment occurred but does determine the need for services
16to address the safety of family members and the risk of
17subsequent maltreatment.
18    For purposes of this subsection (a-5), "investigation"
19means fact-gathering related to the current safety of a child
20and the risk of subsequent abuse or neglect that determines
21whether a report of suspected child abuse or neglect should be
22indicated or unfounded and whether child protective services
23are needed.
24    Under the "differential response program" implemented
25under this subsection (a-5), the Department:
26        (1) Shall conduct an investigation on reports

 

 

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1    involving substantial child abuse or neglect.
2        (2) Shall begin an immediate investigation if, at any
3    time when it is using a family assessment response, it
4    determines that there is reason to believe that substantial
5    child abuse or neglect or a serious threat to the child's
6    safety exists.
7        (3) May conduct a family assessment for reports that do
8    not allege substantial child endangerment. In determining
9    that a family assessment is appropriate, the Department may
10    consider issues including, but not limited to, child
11    safety, parental cooperation, and the need for an immediate
12    response.
13        (4) Shall promulgate criteria, standards, and
14    procedures that shall be applied in making this
15    determination, taking into consideration the Child
16    Endangerment Risk Assessment Protocol of the Department.
17        (5) May conduct a family assessment on a report that
18    was initially screened and assigned for an investigation.
19    In determining that a complete investigation is not
20required, the Department must document the reason for
21terminating the investigation and notify the local law
22enforcement agency or the Department of State Police if the
23local law enforcement agency or Department of State Police is
24conducting a joint investigation.
25    Once it is determined that a "family assessment" will be
26implemented, the case shall not be reported to the central

 

 

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1register of abuse and neglect reports.
2    During a family assessment, the Department shall collect
3any available and relevant information to determine child
4safety, risk of subsequent abuse or neglect, and family
5strengths.
6    Information collected includes, but is not limited to, when
7relevant: information with regard to the person reporting the
8alleged abuse or neglect, including the nature of the
9reporter's relationship to the child and to the alleged
10offender, and the basis of the reporter's knowledge for the
11report; the child allegedly being abused or neglected; the
12alleged offender; the child's caretaker; and other collateral
13sources having relevant information related to the alleged
14abuse or neglect. Information relevant to the assessment must
15be asked for, and may include:
16        (A) The child's sex and age, prior reports of abuse or
17    neglect, information relating to developmental
18    functioning, credibility of the child's statement, and
19    whether the information provided under this paragraph (A)
20    is consistent with other information collected during the
21    course of the assessment or investigation.
22        (B) The alleged offender's age, a record check for
23    prior reports of abuse or neglect, and criminal charges and
24    convictions. The alleged offender may submit supporting
25    documentation relevant to the assessment.
26        (C) Collateral source information regarding the

 

 

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1    alleged abuse or neglect and care of the child. Collateral
2    information includes, when relevant: (i) a medical
3    examination of the child; (ii) prior medical records
4    relating to the alleged maltreatment or care of the child
5    maintained by any facility, clinic, or health care
6    professional, and an interview with the treating
7    professionals; and (iii) interviews with the child's
8    caretakers, including the child's parent, guardian, foster
9    parent, child care provider, teachers, counselors, family
10    members, relatives, and other persons who may have
11    knowledge regarding the alleged maltreatment and the care
12    of the child.
13        (D) Information on the existence of domestic abuse and
14    violence in the home of the child, and substance abuse.
15    Nothing in this subsection (a-5) precludes the Department
16from collecting other relevant information necessary to
17conduct the assessment or investigation. Nothing in this
18subsection (a-5) shall be construed to allow the name or
19identity of a reporter to be disclosed in violation of the
20protections afforded under Section 7.19 of this Act.
21    After conducting the family assessment, the Department
22shall determine whether services are needed to address the
23safety of the child and other family members and the risk of
24subsequent abuse or neglect.
25    Upon completion of the family assessment, if the Department
26concludes that no services shall be offered, then the case

 

 

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1shall be closed. If the Department concludes that services
2shall be offered, the Department shall develop a family
3preservation plan and offer or refer services to the family.
4    At any time during a family assessment, if the Department
5believes there is any reason to stop the assessment and conduct
6an investigation based on the information discovered, the
7Department shall do so.
8    The procedures available to the Department in conducting
9investigations under this Act shall be followed as appropriate
10during a family assessment.
11    The Department shall arrange for an independent evaluation
12of the "differential response program" authorized and
13implemented under this subsection (a-5) to determine whether it
14is meeting the goals in accordance with Section 2 of this Act.
15The Department may adopt administrative rules necessary for the
16execution of this Section, in accordance with Section 4 of the
17Children and Family Services Act.
18    The demonstration conducted under this subsection (a-5)
19shall become a permanent program on July 1, 2016, upon
20completion of the demonstration project period.
21    (b)(1) The following procedures shall be followed in the
22investigation of all reports of suspected abuse or neglect of a
23child, except as provided in subsection (c) of this Section.
24    (2) If, during a family assessment authorized by subsection
25(a-5) or an investigation, it appears that the immediate safety
26or well-being of a child is endangered, that the family may

 

 

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1flee or the child disappear, or that the facts otherwise so
2warrant, the Child Protective Service Unit shall commence an
3investigation immediately, regardless of the time of day or
4night. All other investigations shall be commenced within 24
5hours of receipt of the report. Upon receipt of a report, the
6Child Protective Service Unit shall conduct a family assessment
7authorized by subsection (a-5) or begin an initial
8investigation and make an initial determination whether the
9report is a good faith indication of alleged child abuse or
10neglect.
11    (3) Based on an initial investigation, if the Unit
12determines the report is a good faith indication of alleged
13child abuse or neglect, then a formal investigation shall
14commence and, pursuant to Section 7.12 of this Act, may or may
15not result in an indicated report. The formal investigation
16shall include: direct contact with the subject or subjects of
17the report as soon as possible after the report is received; an
18evaluation of the environment of the child named in the report
19and any other children in the same environment; a determination
20of the risk to such children if they continue to remain in the
21existing environments, as well as a determination of the
22nature, extent and cause of any condition enumerated in such
23report; the name, age and condition of other children in the
24environment; and an evaluation as to whether there would be an
25immediate and urgent necessity to remove the child from the
26environment if appropriate family preservation services were

 

 

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1provided. After seeing to the safety of the child or children,
2the Department shall forthwith notify the subjects of the
3report in writing, of the existence of the report and their
4rights existing under this Act in regard to amendment or
5expungement. To fulfill the requirements of this Section, the
6Child Protective Service Unit shall have the capability of
7providing or arranging for comprehensive emergency services to
8children and families at all times of the day or night.
9    (3.5) If, during an investigation, a designated employee of
10the Department has lawful grounds to take protective custody of
11a child pursuant to Section 5 of this Act, the employee may
12notify the parent or guardian that a safety plan, as defined in
13Section 3 of this Act, is an alternative to protective custody.
14A safety plan must meet all of the following requirements:
15        (A) It must specify the limitations on the contact
16    between the parent or guardian and the child, including (i)
17    where the child shall reside during the time the safety
18    plan is in effect and (ii) who has responsibility for any
19    supervision of the parent or guardian's contact with the
20    child.
21        (B) It must be of limited duration as specified in the
22    plan.
23        (C) It must be reviewed by the Department every 5
24    business days to determine whether the basis for the plan
25    still exists or whether the conditions should be modified.
26        (D) It must include a certification that a background

 

 

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1    check has been performed and cleared as to each caregiver
2    with responsibilities under the safety plan before the
3    child is placed in the caregiver's care or under the
4    caregiver's supervision.
5        (E) It must be the least restrictive arrangement
6    possible. A safety plan may be modified or terminated on
7    request of the parent or guardian. Each parent or guardian
8    subject to a safety plan is entitled to a timely neutral
9    review as set forth in Section 7.16a of this Act. A safety
10    plan under this Section is subject to the requirements set
11    forth in subsections (f) and (g) of Section 21 of the
12    Children and Family Services Act.
13    (4) If (i) at the conclusion of the Unit's initial
14investigation of a report, the Unit determines the report to be
15a good faith indication of alleged child abuse or neglect that
16warrants a formal investigation by the Unit, the Department,
17any law enforcement agency or any other responsible agency and
18(ii) the person who is alleged to have caused the abuse or
19neglect is employed or otherwise engaged in an activity
20resulting in frequent contact with children and the alleged
21abuse or neglect are in the course of such employment or
22activity, then the Department shall, except in investigations
23where the Director determines that such notification would be
24detrimental to the Department's investigation, inform the
25appropriate supervisor or administrator of that employment or
26activity that the Unit has commenced a formal investigation

 

 

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1pursuant to this Act, which may or may not result in an
2indicated report. The Department shall also notify the person
3being investigated, unless the Director determines that such
4notification would be detrimental to the Department's
5investigation.
6    (c) In an investigation of a report of suspected abuse or
7neglect of a child by a school employee at a school or on
8school grounds, the Department shall make reasonable efforts to
9follow the following procedures:
10        (1) Investigations involving teachers shall not, to
11    the extent possible, be conducted when the teacher is
12    scheduled to conduct classes. Investigations involving
13    other school employees shall be conducted so as to minimize
14    disruption of the school day. The school employee accused
15    of child abuse or neglect may have his superior, his
16    association or union representative and his attorney
17    present at any interview or meeting at which the teacher or
18    administrator is present. The accused school employee
19    shall be informed by a representative of the Department, at
20    any interview or meeting, of the accused school employee's
21    due process rights and of the steps in the investigation
22    process. The information shall include, but need not
23    necessarily be limited to the right, subject to the
24    approval of the Department, of the school employee to
25    confront the accuser, if the accuser is 14 years of age or
26    older, or the right to review the specific allegations

 

 

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1    which gave rise to the investigation, and the right to
2    review all materials and evidence that have been submitted
3    to the Department in support of the allegation. These due
4    process rights shall also include the right of the school
5    employee to present countervailing evidence regarding the
6    accusations.
7        (2) If a report of neglect or abuse of a child by a
8    teacher or administrator does not involve allegations of
9    sexual abuse or extreme physical abuse, the Child
10    Protective Service Unit shall make reasonable efforts to
11    conduct the initial investigation in coordination with the
12    employee's supervisor.
13        If the Unit determines that the report is a good faith
14    indication of potential child abuse or neglect, it shall
15    then commence a formal investigation under paragraph (3) of
16    subsection (b) of this Section.
17        (3) If a report of neglect or abuse of a child by a
18    teacher or administrator involves an allegation of sexual
19    abuse or extreme physical abuse, the Child Protective Unit
20    shall commence an investigation under paragraph (2) of
21    subsection (b) of this Section.
22    (c-5) In any instance in which a report is made or caused
23to made by a school district employee involving the conduct of
24a person employed by the school district, at the time the
25report was made, as required under Section 4 of this Act, the
26Child Protective Service Unit shall send a copy of its final

 

 

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1finding report to the general superintendent of that school
2district.
3    (d) If the Department has contact with an employer, or with
4a religious institution or religious official having
5supervisory or hierarchical authority over a member of the
6clergy accused of the abuse of a child, in the course of its
7investigation, the Department shall notify the employer or the
8religious institution or religious official, in writing, when a
9report is unfounded so that any record of the investigation can
10be expunged from the employee's or member of the clergy's
11personnel or other records. The Department shall also notify
12the employee or the member of the clergy, in writing, that
13notification has been sent to the employer or to the
14appropriate religious institution or religious official
15informing the employer or religious institution or religious
16official that the Department's investigation has resulted in an
17unfounded report.
18    (e) Upon request by the Department, the Department of State
19Police and law enforcement agencies are authorized to provide
20criminal history record information as defined in the Illinois
21Uniform Conviction Information Act and information maintained
22in the adjudicatory and dispositional record system as defined
23in Section 2605-355 of the Department of State Police Law (20
24ILCS 2605/2605-355) to properly designated employees of the
25Department of Children and Family Services if the Department
26determines the information is necessary to perform its duties

 

 

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1under the Abused and Neglected Child Reporting Act, the Child
2Care Act of 1969, and the Children and Family Services Act. The
3request shall be in the form and manner required by the
4Department of State Police. Any information obtained by the
5Department of Children and Family Services under this Section
6is confidential and may not be transmitted outside the
7Department of Children and Family Services other than to a
8court of competent jurisdiction or unless otherwise authorized
9by law. Any employee of the Department of Children and Family
10Services who transmits confidential information in violation
11of this Section or causes the information to be transmitted in
12violation of this Section is guilty of a Class A misdemeanor
13unless the transmittal of the information is authorized by this
14Section or otherwise authorized by law.
15    (f) For purposes of this Section "child abuse or neglect"
16includes abuse or neglect of an adult resident as defined in
17this Act.
18(Source: P.A. 98-1141, eff. 12-30-14.)
 
19    (325 ILCS 5/7.16a new)
20    Sec. 7.16a. Review of safety plans. Any parent or guardian
21who is subject to a safety plan may secure a timely neutral
22review of the basis for the safety plan or of the conditions of
23the safety plan. The Department shall adopt rules to ensure
24that any parent or guardian who is subject to a safety plan is
25afforded an opportunity to review the safety plan as provided

 

 

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1in this Section.
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.