101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5281

 

Introduced , by Rep. Tom Weber

 

SYNOPSIS AS INTRODUCED:
 
325 ILCS 5/7  from Ch. 23, par. 2057
325 ILCS 5/7.3  from Ch. 23, par. 2057.3

    Amends the Abused and Neglected Child Reporting Act. Provides that any report received by the Department of Children and Family Services alleging the abuse or neglect of a child by any person (rather than a person who is not the child's parent, a member of the child's immediate family, a person responsible for the child's welfare, an individual residing in the same home as the child, or a paramour of the child's parent) shall immediately be shared with (rather than referred to) the appropriate local law enforcement agency. Provides that, upon receipt of the shared report, the local law enforcement agency may, in its discretion, conduct a criminal investigation or other action based on the information contained within the report. Provides that the Department shall be the sole agency responsible for receiving and investigating reports of child abuse or neglect made under the Act, except where investigations by other agencies may be required with respect to reports alleging the abuse or neglect of a child by any person (rather than except where investigations by other agencies may be required with respect to reports alleging the abuse or neglect of a child by a person who is not the child's parent, a member of the child's immediate family, a person responsible for the child's welfare, an individual residing in the same home as the child, or a paramour of the child's parent).


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FISCAL NOTE ACT MAY APPLY

 

 

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 1. Reference to Act. This Act may be referred to as
5the AJ Freund Act.
 
6    Section 5. The Abused and Neglected Child Reporting Act is
7amended by changing Sections 7 and 7.3 as follows:
 
8    (325 ILCS 5/7)  (from Ch. 23, par. 2057)
9    Sec. 7. Time and manner of making reports. All reports of
10suspected child abuse or neglect made under this Act shall be
11made immediately by telephone to the central register
12established under Section 7.7 on the single, State-wide,
13toll-free telephone number established in Section 7.6, or in
14person or by telephone through the nearest Department office.
15The Department shall, in cooperation with school officials,
16distribute appropriate materials in school buildings listing
17the toll-free telephone number established in Section 7.6,
18including methods of making a report under this Act. The
19Department may, in cooperation with appropriate members of the
20clergy, distribute appropriate materials in churches,
21synagogues, temples, mosques, or other religious buildings
22listing the toll-free telephone number established in Section

 

 

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17.6, including methods of making a report under this Act.
2    Wherever the Statewide number is posted, there shall also
3be posted the following notice:
4    "Any person who knowingly transmits a false report to the
5Department commits the offense of disorderly conduct under
6subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.
7A violation of this subsection is a Class 4 felony."
8    The report required by this Act shall include, if known,
9the name and address of the child and his parents or other
10persons having his custody; the child's age; the nature of the
11child's condition, including any evidence of previous injuries
12or disabilities; and any other information that the person
13filing the report believes might be helpful in establishing the
14cause of such abuse or neglect and the identity of the person
15believed to have caused such abuse or neglect. Reports made to
16the central register through the State-wide, toll-free
17telephone number shall be immediately transmitted by the
18Department to the appropriate Child Protective Service Unit.
19All such reports alleging the death of a child, serious injury
20to a child, including, but not limited to, brain damage, skull
21fractures, subdural hematomas, and internal injuries, torture
22of a child, malnutrition of a child, and sexual abuse to a
23child, including, but not limited to, sexual intercourse,
24sexual exploitation, sexual molestation, and sexually
25transmitted disease in a child age 12 and under, shall also be
26immediately transmitted by the Department to the appropriate

 

 

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1local law enforcement agency. The Department shall within 24
2hours orally notify local law enforcement personnel and the
3office of the State's Attorney of the involved county of the
4receipt of any report alleging the death of a child, serious
5injury to a child, including, but not limited to, brain damage,
6skull fractures, subdural hematomas, and, internal injuries,
7torture of a child, malnutrition of a child, and sexual abuse
8to a child, including, but not limited to, sexual intercourse,
9sexual exploitation, sexual molestation, and sexually
10transmitted disease in a child age 12 twelve and under. All
11oral reports made by the Department to local law enforcement
12personnel and the office of the State's Attorney of the
13involved county shall be confirmed in writing within 24 hours
14of the oral report. All reports by persons mandated to report
15under this Act shall be confirmed in writing to the appropriate
16Child Protective Service Unit, which may be on forms supplied
17by the Department, within 48 hours of any initial report.
18    Any report received by the Department alleging the abuse or
19neglect of a child by any person a person who is not the
20child's parent, a member of the child's immediate family, a
21person responsible for the child's welfare, an individual
22residing in the same home as the child, or a paramour of the
23child's parent shall immediately be shared with referred to the
24appropriate local law enforcement agency. Upon receipt of the
25shared report, the local law enforcement agency may, in its
26discretion, conduct a criminal investigation or other action

 

 

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1based on the information contained within the report. for
2consideration of criminal investigation or other action.
3    Written confirmation reports from persons not required to
4report by this Act may be made to the appropriate Child
5Protective Service Unit. Written reports from persons required
6by this Act to report shall be admissible in evidence in any
7judicial proceeding or administrative hearing relating to
8child abuse or neglect. Reports involving known or suspected
9child abuse or neglect in public or private residential
10agencies or institutions shall be made and received in the same
11manner as all other reports made under this Act.
12    For purposes of this Section, "child" includes an adult
13resident as defined in this Act.
14(Source: P.A. 101-583, eff. 1-1-20; revised 11-21-19.)
 
15    (325 ILCS 5/7.3)  (from Ch. 23, par. 2057.3)
16    Sec. 7.3. (a) The Department shall be the sole agency
17responsible for receiving and investigating reports of child
18abuse or neglect made under this Act, including reports of
19adult resident abuse or neglect as defined in this Act, except
20where investigations by other agencies may be required with
21respect to reports alleging the abuse or neglect of a child by
22any person a person who is not the child's parent, a member of
23the child's immediate family, a person responsible for the
24child's welfare, an individual residing in the same home as the
25child, or a paramour of the child's parent, the death of a

 

 

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1child, serious injury to a child or sexual abuse to a child
2made pursuant to Sections 4.1 or 7 of this Act, and except that
3the Department may delegate the performance of the
4investigation to the Department of State Police, a law
5enforcement agency and to those private social service agencies
6which have been designated for this purpose by the Department
7prior to July 1, 1980.
8    (b) Notwithstanding any other provision of this Act, the
9Department shall adopt rules expressly allowing law
10enforcement personnel to investigate reports of suspected
11child abuse or neglect concurrently with the Department,
12without regard to whether the Department determines a report to
13be "indicated" or "unfounded" or deems a report to be
14"undetermined".
15    (c) By June 1, 2016, the Department shall adopt rules that
16address and set forth criteria and standards relevant to
17investigations of reports of abuse or neglect committed by any
18agency, as defined in Section 3 of this Act, or person working
19for an agency responsible for the welfare of a child or adult
20resident.
21(Source: P.A. 101-583, eff. 1-1-20.)