Rep. Fred Crespo
Filed: 3/22/2019
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 3304
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 3304 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The School Code is amended by adding Sections | ||||||
5 | 10-23.14 and 22-84 as follows: | ||||||
6 | (105 ILCS 5/10-23.14 new) | ||||||
7 | Sec. 10-23.14. Child abuse or neglect investigations at | ||||||
8 | schools. To adopt and implement a policy addressing child abuse | ||||||
9 | or neglect investigations at schools consistent with Section | ||||||
10 | 22-84. | ||||||
11 | (105 ILCS 5/22-84 new) | ||||||
12 | Sec. 22-84. Child abuse or neglect investigation at | ||||||
13 | schools. | ||||||
14 | (a) As used in this Section: | ||||||
15 | "Alleged incidents of child abuse or neglect" is limited |
| |||||||
| |||||||
1 | to: (i) incidents of child abuse or neglect that are alleged to | ||||||
2 | have been perpetrated by school personnel, including school | ||||||
3 | vendors or volunteers; (ii) incidents of alleged child abuse or | ||||||
4 | neglect that occurred on school grounds or during a school | ||||||
5 | activity; or (iii) when school personnel became aware of the | ||||||
6 | alleged incidents of child abuse or neglect of a child | ||||||
7 | perpetrated by school personnel, vendors, or volunteers which | ||||||
8 | occurs outside of school grounds or a school activity. | ||||||
9 | "Appropriate law enforcement agency" means a law | ||||||
10 | enforcement agency whose employees have been involved, in some | ||||||
11 | capacity, with an investigation of a particular alleged | ||||||
12 | incident of child abuse or neglect. | ||||||
13 | "Child abuse or neglect" is used as that phrase is used in | ||||||
14 | the Abused and Neglected Child Reporting Act. | ||||||
15 | "Written approval" means any electronic or paper | ||||||
16 | communication signifying permission to proceed with an | ||||||
17 | internal school investigation of an alleged incident of child | ||||||
18 | abuse or neglect. "Written approval" from an appropriate law | ||||||
19 | enforcement agency means approval by the agency's Chief or his | ||||||
20 | or her designee. "Written approval" from the Department of | ||||||
21 | Children and Family Services means approval by an area | ||||||
22 | administrator or his or her designee. | ||||||
23 | (b) The General Assembly finds that: | ||||||
24 | (1) investigations of a child regarding incidents of | ||||||
25 | child abuse or neglect can induce significant trauma for | ||||||
26 | the child; |
| |||||||
| |||||||
1 | (2) it is desirable to prevent multiple interviews of a | ||||||
2 | child at a school; and | ||||||
3 | (3) it is important to recognize the role of Children's | ||||||
4 | Advocacy Centers in conducting developmentally appropriate | ||||||
5 | investigations. | ||||||
6 | (c) When a mandated reporter within a school has knowledge | ||||||
7 | of an alleged incident of child abuse or neglect, the reporter | ||||||
8 | shall call the Department of Children and Family Services | ||||||
9 | hotline immediately after obtaining the minimal information | ||||||
10 | necessary to make a report, including names of affected parties | ||||||
11 | and allegations. After a mandated reporter calls the hotline, | ||||||
12 | no school personnel shall conduct an investigation of an | ||||||
13 | alleged incident of child abuse or neglect until the Department | ||||||
14 | of Children and Family Services has completed its investigation | ||||||
15 | and the school has obtained written permission from either the | ||||||
16 | Department of Children and Family Services or law enforcement. | ||||||
17 | Schools in a county with an accredited Children's Advocacy | ||||||
18 | Center shall contact the local Children's Advocacy Center to | ||||||
19 | coordinate efforts and collaborate on ensuring the child victim | ||||||
20 | receives necessary support services. | ||||||
21 | (d) If an appropriate law enforcement agency gives written | ||||||
22 | approval to a school, it shall also notify the Department of | ||||||
23 | Children and Family Services of the approval. If the Department | ||||||
24 | of Children and Family Services gives written approval to a | ||||||
25 | school, it shall also notify the appropriate law enforcement | ||||||
26 | agency of the approval. If either the appropriate law |
| |||||||
| |||||||
1 | enforcement agency or the Department of Children and Family | ||||||
2 | Services objects to the written approval granted to a school by | ||||||
3 | the other entity, then the objecting entity shall notify the | ||||||
4 | school as soon as possible and the school, upon receipt of the | ||||||
5 | notification, shall not proceed with an investigation under | ||||||
6 | subsection (c) until it receives written approval from both the | ||||||
7 | appropriate law enforcement agency and the Department of | ||||||
8 | Children and Family Services. | ||||||
9 | (e) The State Board of Education shall develop and make | ||||||
10 | available materials detailing the information which is | ||||||
11 | necessary to enable notification of law enforcement agencies or | ||||||
12 | the Department of Children and Family Services of an alleged | ||||||
13 | incident of child abuse or neglect. All schools shall ensure | ||||||
14 | that mandated reporters review the State Board of Education's | ||||||
15 | materials under this subsection at least once annually. | ||||||
16 | (f) This Section applies to all schools operated under this | ||||||
17 | Code, including, but not limited to, public schools located in | ||||||
18 | cities having a population of more than 500,000, a school | ||||||
19 | operated pursuant to an agreement with a public school | ||||||
20 | district, alternative schools operated by third parties, an | ||||||
21 | alternative learning opportunities program, a public school | ||||||
22 | administered by a local public agency or the Department of | ||||||
23 | Human Services, charter schools operating under the authority | ||||||
24 | of Article 27A, and non-public schools recognized by the | ||||||
25 | Illinois State Board of Education.
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect July 1, | ||||||
2 | 2019.".
|