101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5276

 

Introduced , by Rep. Jim Durkin

 

SYNOPSIS AS INTRODUCED:
 
325 ILCS 5/9  from Ch. 23, par. 2059

    Amends the Abused and Neglected Child Reporting Act. Provides that any child advocacy center, accredited by the National Children's Alliance, or any employee thereof acting in good faith and exercising due care shall have immunity from any civil liability that may be incurred or imposed through participation in any investigation process required under the Act or any judicial proceeding resulting from the investigation process.


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A BILL FOR

 

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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 9 as follows:
 
6    (325 ILCS 5/9)  (from Ch. 23, par. 2059)
7    Sec. 9.
8    (a) Any person, institution or agency, under this Act,
9participating in good faith in the making of a report or
10referral, or in the investigation of such a report or referral
11or in the taking of photographs and x-rays or in the retaining
12a child in temporary protective custody or in making a
13disclosure of information concerning reports of child abuse and
14neglect in compliance with Sections 4.2 and 11.1 of this Act or
15Section 4 of this Act, as it relates to disclosure by school
16personnel and except in cases of wilful or wanton misconduct,
17shall have immunity from any liability, civil, criminal or that
18otherwise might result by reason of such actions. For the
19purpose of any proceedings, civil or criminal, the good faith
20of any persons required to report or refer, or permitted to
21report, cases of suspected child abuse or neglect or permitted
22to refer individuals under this Act or required to disclose
23information concerning reports of child abuse and neglect in

 

 

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1compliance with Sections 4.2 and 11.1 of this Act, shall be
2presumed.
3    (b) Any child advocacy center, accredited by the National
4Children's Alliance, or any employee thereof acting in good
5faith and exercising due care shall have immunity from any
6civil liability that may be incurred or imposed through
7participation in any investigation process required under this
8Act or any judicial proceeding resulting from the investigation
9process.
10    (c) For purposes of this Section "child abuse and neglect"
11includes abuse or neglect of an adult resident as defined in
12this Act.
13(Source: P.A. 95-908, eff. 8-26-08; 96-1446, eff. 8-20-10.)