101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4832

 

Introduced 2/18/2020, by Rep. Tom Weber

 

SYNOPSIS AS INTRODUCED:
 
325 ILCS 5/7.4  from Ch. 23, par. 2057.4

    Amends the Abused and Neglected Child Reporting Act. Provides that if there have been 3 or more reports of suspected child abuse or neglect of a child and the Department of Children and Family Services did not conclude in its reports that it found evidence of abuse or neglect during the first 2 visits to the child's home, a local law enforcement officer or State's Attorney, or his or her designee in the appropriate county, shall accompany the Department's investigator to the child's home and make a report with his or her own findings and conclusions on (i) whether or not abuse or neglect exists and (ii) whether or not action should be taken to provide services to the parent or parents or to remove the child or children from the home.


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A BILL FOR

 

HB4832LRB101 18172 KTG 67614 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Section 7.4 as follows:
 
6    (325 ILCS 5/7.4)  (from Ch. 23, par. 2057.4)
7    Sec. 7.4. (a) The Department shall be capable of receiving
8reports of suspected child abuse or neglect 24 hours a day, 7
9days a week. Whenever the Department receives a report alleging
10that a child is a truant as defined in Section 26-2a of the
11School Code, as now or hereafter amended, the Department shall
12notify the superintendent of the school district in which the
13child resides and the appropriate superintendent of the
14educational service region. The notification to the
15appropriate officials by the Department shall not be considered
16an allegation of abuse or neglect under this Act.
17    (a-5) The Department of Children and Family Services may
18implement a "differential response program" in accordance with
19criteria, standards, and procedures prescribed by rule. The
20program may provide that, upon receiving a report, the
21Department shall determine whether to conduct a family
22assessment or an investigation as appropriate to prevent or
23provide a remedy for child abuse or neglect.

 

 

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1    For purposes of this subsection (a-5), "family assessment"
2means a comprehensive assessment of child safety, risk of
3subsequent child maltreatment, and family strengths and needs
4that is applied to a child maltreatment report that does not
5allege substantial child endangerment. "Family assessment"
6does not include a determination as to whether child
7maltreatment occurred but does determine the need for services
8to address the safety of family members and the risk of
9subsequent maltreatment.
10    For purposes of this subsection (a-5), "investigation"
11means fact-gathering related to the current safety of a child
12and the risk of subsequent abuse or neglect that determines
13whether a report of suspected child abuse or neglect should be
14indicated or unfounded and whether child protective services
15are needed.
16    Under the "differential response program" implemented
17under this subsection (a-5), the Department:
18        (1) Shall conduct an investigation on reports
19    involving substantial child abuse or neglect.
20        (2) Shall begin an immediate investigation if, at any
21    time when it is using a family assessment response, it
22    determines that there is reason to believe that substantial
23    child abuse or neglect or a serious threat to the child's
24    safety exists.
25        (3) May conduct a family assessment for reports that do
26    not allege substantial child endangerment. In determining

 

 

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1    that a family assessment is appropriate, the Department may
2    consider issues, including, but not limited to, child
3    safety, parental cooperation, and the need for an immediate
4    response.
5        (4) Shall promulgate criteria, standards, and
6    procedures that shall be applied in making this
7    determination, taking into consideration the Child
8    Endangerment Risk Assessment Protocol of the Department.
9        (5) May conduct a family assessment on a report that
10    was initially screened and assigned for an investigation.
11    In determining that a complete investigation is not
12required, the Department must document the reason for
13terminating the investigation and notify the local law
14enforcement agency or the Department of State Police if the
15local law enforcement agency or Department of State Police is
16conducting a joint investigation.
17    Once it is determined that a "family assessment" will be
18implemented, the case shall not be reported to the central
19register of abuse and neglect reports.
20    During a family assessment, the Department shall collect
21any available and relevant information to determine child
22safety, risk of subsequent abuse or neglect, and family
23strengths.
24    Information collected includes, but is not limited to, when
25relevant: information with regard to the person reporting the
26alleged abuse or neglect, including the nature of the

 

 

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1reporter's relationship to the child and to the alleged
2offender, and the basis of the reporter's knowledge for the
3report; the child allegedly being abused or neglected; the
4alleged offender; the child's caretaker; and other collateral
5sources having relevant information related to the alleged
6abuse or neglect. Information relevant to the assessment must
7be asked for, and may include:
8        (A) The child's sex and age, prior reports of abuse or
9    neglect, information relating to developmental
10    functioning, credibility of the child's statement, and
11    whether the information provided under this paragraph (A)
12    is consistent with other information collected during the
13    course of the assessment or investigation.
14        (B) The alleged offender's age, a record check for
15    prior reports of abuse or neglect, and criminal charges and
16    convictions. The alleged offender may submit supporting
17    documentation relevant to the assessment.
18        (C) Collateral source information regarding the
19    alleged abuse or neglect and care of the child. Collateral
20    information includes, when relevant: (i) a medical
21    examination of the child; (ii) prior medical records
22    relating to the alleged maltreatment or care of the child
23    maintained by any facility, clinic, or health care
24    professional, and an interview with the treating
25    professionals; and (iii) interviews with the child's
26    caretakers, including the child's parent, guardian, foster

 

 

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1    parent, child care provider, teachers, counselors, family
2    members, relatives, and other persons who may have
3    knowledge regarding the alleged maltreatment and the care
4    of the child.
5        (D) Information on the existence of domestic abuse and
6    violence in the home of the child, and substance abuse.
7    Nothing in this subsection (a-5) precludes the Department
8from collecting other relevant information necessary to
9conduct the assessment or investigation. Nothing in this
10subsection (a-5) shall be construed to allow the name or
11identity of a reporter to be disclosed in violation of the
12protections afforded under Section 7.19 of this Act.
13    After conducting the family assessment, the Department
14shall determine whether services are needed to address the
15safety of the child and other family members and the risk of
16subsequent abuse or neglect.
17    Upon completion of the family assessment, if the Department
18concludes that no services shall be offered, then the case
19shall be closed. If the Department concludes that services
20shall be offered, the Department shall develop a family
21preservation plan and offer or refer services to the family.
22    At any time during a family assessment, if the Department
23believes there is any reason to stop the assessment and conduct
24an investigation based on the information discovered, the
25Department shall do so.
26    The procedures available to the Department in conducting

 

 

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1investigations under this Act shall be followed as appropriate
2during a family assessment.
3    If the Department implements a differential response
4program authorized under this subsection (a-5), the Department
5shall arrange for an independent evaluation of the program for
6at least the first 3 years of implementation to determine
7whether it is meeting the goals in accordance with Section 2 of
8this Act.
9    The Department may adopt administrative rules necessary
10for the execution of this Section, in accordance with Section 4
11of the Children and Family Services Act.
12    The Department shall submit a report to the General
13Assembly by January 15, 2018 on the implementation progress and
14recommendations for additional needed legislative changes.
15    (b)(1) The following procedures shall be followed in the
16investigation of all reports of suspected abuse or neglect of a
17child, except as provided in subsection (c) of this Section.
18    (2) If, during a family assessment authorized by subsection
19(a-5) or an investigation, it appears that the immediate safety
20or well-being of a child is endangered, that the family may
21flee or the child disappear, or that the facts otherwise so
22warrant, the Child Protective Service Unit shall commence an
23investigation immediately, regardless of the time of day or
24night. All other investigations shall be commenced within 24
25hours of receipt of the report. Upon receipt of a report, the
26Child Protective Service Unit shall conduct a family assessment

 

 

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1authorized by subsection (a-5) or begin an initial
2investigation and make an initial determination whether the
3report is a good faith indication of alleged child abuse or
4neglect.
5    (3) Based on an initial investigation, if the Unit
6determines the report is a good faith indication of alleged
7child abuse or neglect, then a formal investigation shall
8commence and, pursuant to Section 7.12 of this Act, may or may
9not result in an indicated report. The formal investigation
10shall include: direct contact with the subject or subjects of
11the report as soon as possible after the report is received; an
12evaluation of the environment of the child named in the report
13and any other children in the same environment; a determination
14of the risk to such children if they continue to remain in the
15existing environments, as well as a determination of the
16nature, extent and cause of any condition enumerated in such
17report; the name, age and condition of other children in the
18environment; and an evaluation as to whether there would be an
19immediate and urgent necessity to remove the child from the
20environment if appropriate family preservation services were
21provided. After seeing to the safety of the child or children,
22the Department shall forthwith notify the subjects of the
23report in writing, of the existence of the report and their
24rights existing under this Act in regard to amendment or
25expungement. To fulfill the requirements of this Section, the
26Child Protective Service Unit shall have the capability of

 

 

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1providing or arranging for comprehensive emergency services to
2children and families at all times of the day or night.
3    (4) If (i) at the conclusion of the Unit's initial
4investigation of a report, the Unit determines the report to be
5a good faith indication of alleged child abuse or neglect that
6warrants a formal investigation by the Unit, the Department,
7any law enforcement agency or any other responsible agency and
8(ii) the person who is alleged to have caused the abuse or
9neglect is employed or otherwise engaged in an activity
10resulting in frequent contact with children and the alleged
11abuse or neglect are in the course of such employment or
12activity, then the Department shall, except in investigations
13where the Director determines that such notification would be
14detrimental to the Department's investigation, inform the
15appropriate supervisor or administrator of that employment or
16activity that the Unit has commenced a formal investigation
17pursuant to this Act, which may or may not result in an
18indicated report. The Department shall also notify the person
19being investigated, unless the Director determines that such
20notification would be detrimental to the Department's
21investigation.
22    (c) In an investigation of a report of suspected abuse or
23neglect of a child by a school employee at a school or on
24school grounds, the Department shall make reasonable efforts to
25follow the following procedures:
26        (1) Investigations involving teachers shall not, to

 

 

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1    the extent possible, be conducted when the teacher is
2    scheduled to conduct classes. Investigations involving
3    other school employees shall be conducted so as to minimize
4    disruption of the school day. The school employee accused
5    of child abuse or neglect may have his superior, his
6    association or union representative and his attorney
7    present at any interview or meeting at which the teacher or
8    administrator is present. The accused school employee
9    shall be informed by a representative of the Department, at
10    any interview or meeting, of the accused school employee's
11    due process rights and of the steps in the investigation
12    process. These due process rights shall also include the
13    right of the school employee to present countervailing
14    evidence regarding the accusations. In an investigation in
15    which the alleged perpetrator of abuse or neglect is a
16    school employee, including, but not limited to, a school
17    teacher or administrator, and the recommendation is to
18    determine the report to be indicated, in addition to other
19    procedures as set forth and defined in Department rules and
20    procedures, the employee's due process rights shall also
21    include: (i) the right to a copy of the investigation
22    summary; (ii) the right to review the specific allegations
23    which gave rise to the investigation; and (iii) the right
24    to an administrator's teleconference which shall be
25    convened to provide the school employee with the
26    opportunity to present documentary evidence or other

 

 

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1    information that supports his or her position and to
2    provide information before a final finding is entered.
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
19to made by a school district employee involving the conduct of
20a person employed by the school district, at the time the
21report was made, as required under Section 4 of this Act, the
22Child Protective Service Unit shall send a copy of its final
23finding report to the general superintendent of that school
24district.
25    (c-10) The Department may recommend that a school district
26remove a school employee who is the subject of an investigation

 

 

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1from his or her employment position pending the outcome of the
2investigation; however, all employment decisions regarding
3school personnel shall be the sole responsibility of the school
4district or employer. The Department may not require a school
5district to remove a school employee from his or her employment
6position or limit the school employee's duties pending the
7outcome of an investigation.
8    (d) If the Department has contact with an employer, or with
9a religious institution or religious official having
10supervisory or hierarchical authority over a member of the
11clergy accused of the abuse of a child, in the course of its
12investigation, the Department shall notify the employer or the
13religious institution or religious official, in writing, when a
14report is unfounded so that any record of the investigation can
15be expunged from the employee's or member of the clergy's
16personnel or other records. The Department shall also notify
17the employee or the member of the clergy, in writing, that
18notification has been sent to the employer or to the
19appropriate religious institution or religious official
20informing the employer or religious institution or religious
21official that the Department's investigation has resulted in an
22unfounded report.
23    (d-1) Whenever a report alleges that a child was abused or
24neglected while receiving care in a hospital, including a
25freestanding psychiatric hospital licensed by the Department
26of Public Health, the Department shall send a copy of its final

 

 

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1finding to the Director of Public Health and the Director of
2Healthcare and Family Services.
3    (e) Upon request by the Department, the Department of State
4Police and law enforcement agencies are authorized to provide
5criminal history record information as defined in the Illinois
6Uniform Conviction Information Act and information maintained
7in the adjudicatory and dispositional record system as defined
8in Section 2605-355 of the Department of State Police Law (20
9ILCS 2605/2605-355) to properly designated employees of the
10Department of Children and Family Services if the Department
11determines the information is necessary to perform its duties
12under the Abused and Neglected Child Reporting Act, the Child
13Care Act of 1969, and the Children and Family Services Act. The
14request shall be in the form and manner required by the
15Department of State Police. Any information obtained by the
16Department of Children and Family Services under this Section
17is confidential and may not be transmitted outside the
18Department of Children and Family Services other than to a
19court of competent jurisdiction or unless otherwise authorized
20by law. Any employee of the Department of Children and Family
21Services who transmits confidential information in violation
22of this Section or causes the information to be transmitted in
23violation of this Section is guilty of a Class A misdemeanor
24unless the transmittal of the information is authorized by this
25Section or otherwise authorized by law.
26    (f) For purposes of this Section, "child abuse or neglect"

 

 

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1includes abuse or neglect of an adult resident as defined in
2this Act.
3    (g) If there have been 3 or more reports of suspected child
4abuse or neglect of a child and the Department did not conclude
5in its reports that it found evidence of abuse or neglect
6during the first 2 visits to the child's home, a local law
7enforcement officer or State's Attorney, or his or her designee
8in the appropriate county, shall accompany the Department's
9investigator to the child's home and make a report with his or
10her own findings and conclusions on (i) whether or not abuse or
11neglect exists and (ii) whether or not action should be taken
12to provide services to the parent or parents or to remove the
13child or children from the home.
14(Source: P.A. 100-68, eff. 1-1-18; 100-176, eff. 1-1-18;
15100-191, eff. 1-1-18; 100-863, eff. 8-14-18; 101-43, eff.
161-1-20.)