Sen. Kimberly A. Lightford
Filed: 3/30/2023
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1 | AMENDMENT TO SENATE BILL 376
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2 | AMENDMENT NO. ______. Amend Senate Bill 376 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Abused and Neglected Child Reporting Act | ||||||
5 | is amended by changing Section 7.4 as follows:
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6 | (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
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7 | Sec. 7.4. (a) The Department shall be capable of receiving | ||||||
8 | reports of
suspected child abuse or neglect 24 hours a day, 7 | ||||||
9 | days a week. Whenever
the Department receives a report | ||||||
10 | alleging that a child is a
truant as defined in Section 26-2a | ||||||
11 | of the School Code, as now or hereafter
amended, the | ||||||
12 | Department shall notify the superintendent of the school
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13 | district in which the child resides and the appropriate | ||||||
14 | superintendent of
the educational service region. The | ||||||
15 | notification to the appropriate
officials by the Department | ||||||
16 | shall not be considered an allegation of abuse
or neglect |
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1 | under this Act.
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2 | (a-5) The Department of Children and Family Services may | ||||||
3 | implement a "differential response program" in accordance with | ||||||
4 | criteria, standards, and procedures prescribed by rule. The | ||||||
5 | program may provide that, upon receiving a report, the | ||||||
6 | Department shall determine whether to conduct a family | ||||||
7 | assessment or an investigation as appropriate to prevent or | ||||||
8 | provide a remedy for child abuse or neglect. | ||||||
9 | For purposes of this subsection (a-5), "family assessment" | ||||||
10 | means a comprehensive assessment of child safety, risk of | ||||||
11 | subsequent child maltreatment, and family strengths and needs | ||||||
12 | that is applied to a child maltreatment report that does not | ||||||
13 | allege substantial child endangerment. "Family assessment" | ||||||
14 | does not include a determination as to whether child | ||||||
15 | maltreatment occurred but does determine the need for services | ||||||
16 | to address the safety of family members and the risk of | ||||||
17 | subsequent maltreatment. | ||||||
18 | For purposes of this subsection (a-5), "investigation" | ||||||
19 | means fact-gathering related to the current safety of a child | ||||||
20 | and the risk of subsequent abuse or neglect that determines | ||||||
21 | whether a report of suspected child abuse or neglect should be | ||||||
22 | indicated or unfounded and whether child protective services | ||||||
23 | are needed. | ||||||
24 | Under the "differential response program" implemented | ||||||
25 | under 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 | ||||||
5 | substantial child abuse or neglect or a serious threat to | ||||||
6 | the child's safety exists. | ||||||
7 | (3) May conduct a family assessment for reports that | ||||||
8 | do not allege substantial child endangerment. In | ||||||
9 | determining that a family assessment is appropriate, the | ||||||
10 | Department may consider issues, including, but not limited | ||||||
11 | to, child safety, parental cooperation, and the need for | ||||||
12 | an immediate 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 | ||||||
20 | required, the Department must document the reason for | ||||||
21 | terminating the investigation and notify the local law | ||||||
22 | enforcement agency or the Illinois State Police if the local | ||||||
23 | law enforcement agency or Illinois State Police is conducting | ||||||
24 | a joint investigation. | ||||||
25 | Once it is determined that a "family assessment" will be | ||||||
26 | implemented, the case shall not be reported to the central |
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1 | register of abuse and neglect reports. | ||||||
2 | During a family assessment, the Department shall collect | ||||||
3 | any available and relevant information to determine child | ||||||
4 | safety, risk of subsequent abuse or neglect, and family | ||||||
5 | strengths. | ||||||
6 | Information collected includes, but is not limited to, | ||||||
7 | when relevant: information with regard to the person reporting | ||||||
8 | the alleged abuse or neglect, including the nature of the | ||||||
9 | reporter's relationship to the child and to the alleged | ||||||
10 | offender, and the basis of the reporter's knowledge for the | ||||||
11 | report; the child allegedly being abused or neglected; the | ||||||
12 | alleged offender; the child's caretaker; and other collateral | ||||||
13 | sources having relevant information related to the alleged | ||||||
14 | abuse or neglect. Information relevant to the assessment must | ||||||
15 | be 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 | ||||||
24 | and convictions. The alleged offender may submit | ||||||
25 | supporting 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 | ||||||
16 | from collecting other relevant information necessary to | ||||||
17 | conduct the assessment or investigation. Nothing in this | ||||||
18 | subsection (a-5) shall be construed to allow the name or | ||||||
19 | identity of a reporter to be disclosed in violation of the | ||||||
20 | protections afforded under Section 7.19 of this Act. | ||||||
21 | After conducting the family assessment, the Department | ||||||
22 | shall determine whether services are needed to address the | ||||||
23 | safety of the child and other family members and the risk of | ||||||
24 | subsequent abuse or neglect. | ||||||
25 | Upon completion of the family assessment, if the | ||||||
26 | Department concludes that no services shall be offered, then |
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1 | the case shall be closed. If the Department concludes that | ||||||
2 | services shall be offered, the Department shall develop a | ||||||
3 | family preservation plan and offer or refer services to the | ||||||
4 | family. | ||||||
5 | At any time during a family assessment, if the Department | ||||||
6 | believes there is any reason to stop the assessment and | ||||||
7 | conduct an investigation based on the information discovered, | ||||||
8 | the Department shall do so. | ||||||
9 | The procedures available to the Department in conducting | ||||||
10 | investigations under this Act shall be followed as appropriate | ||||||
11 | during a family assessment. | ||||||
12 | If the Department implements a differential response | ||||||
13 | program authorized under this subsection (a-5), the Department | ||||||
14 | shall arrange for an independent evaluation of the program for | ||||||
15 | at least the first 3 years of implementation to determine | ||||||
16 | whether it is meeting the goals in accordance with Section 2 of | ||||||
17 | this Act. | ||||||
18 | The Department may adopt administrative rules necessary | ||||||
19 | for the execution of this Section, in accordance with Section | ||||||
20 | 4 of the Children and Family Services Act. | ||||||
21 | The Department shall submit a report to the General | ||||||
22 | Assembly by January 15, 2018 on the implementation progress | ||||||
23 | and recommendations for additional needed legislative changes.
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24 | (b)(1) The following procedures shall be followed in the | ||||||
25 | investigation
of all reports of suspected abuse or neglect of | ||||||
26 | a child, except as provided
in subsection (c) of this Section.
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1 | (2) If, during a family assessment authorized by | ||||||
2 | subsection (a-5) or an investigation, it appears that the | ||||||
3 | immediate safety or well-being of a child is
endangered, that | ||||||
4 | the family may flee or the child disappear, or that the
facts | ||||||
5 | otherwise so warrant, the Child Protective Service Unit shall
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6 | commence an investigation immediately, regardless of the time | ||||||
7 | of day or
night. All other investigations shall be commenced | ||||||
8 | within 24
hours of receipt of the report. Upon receipt of a | ||||||
9 | report, the Child
Protective Service Unit shall conduct a | ||||||
10 | family assessment authorized by subsection (a-5) or begin an | ||||||
11 | initial investigation and make an initial
determination | ||||||
12 | whether the report is a good faith indication of alleged
child | ||||||
13 | abuse or neglect.
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14 | (3) Based on an initial investigation, if the Unit | ||||||
15 | determines the report is a good faith
indication of alleged | ||||||
16 | child abuse or neglect, then a formal investigation
shall | ||||||
17 | commence and, pursuant to Section 7.12 of this Act, may or may | ||||||
18 | not
result in an indicated report. The formal investigation | ||||||
19 | shall include:
direct contact with the subject or subjects of | ||||||
20 | the report as soon as
possible after the report is received; an
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21 | evaluation of the environment of the child named in the report | ||||||
22 | and any other
children in the same environment; a | ||||||
23 | determination of the risk to such
children if they continue to | ||||||
24 | remain in the existing environments, as well
as a | ||||||
25 | determination of the nature, extent and cause of any condition
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26 | enumerated in such report; the name, age and condition of |
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1 | other children in
the environment; and an evaluation as to | ||||||
2 | whether there would be an
immediate and urgent necessity to | ||||||
3 | remove the child from the environment if
appropriate family | ||||||
4 | preservation services were provided. After seeing to
the | ||||||
5 | safety of the child or children, the Department shall
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6 | forthwith notify the subjects of the report in writing, of the | ||||||
7 | existence
of the report and their rights existing under this | ||||||
8 | Act in regard to amendment
or expungement. To fulfill the | ||||||
9 | requirements of this Section, the Child
Protective Service | ||||||
10 | Unit shall have the capability of providing or arranging
for | ||||||
11 | comprehensive emergency services to children and families at | ||||||
12 | all times
of the day or night.
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13 | (4) If (i) at the conclusion of the Unit's initial | ||||||
14 | investigation of a
report, the Unit determines the report to | ||||||
15 | be a good faith indication of
alleged child abuse or neglect | ||||||
16 | that warrants a formal investigation by
the Unit, the | ||||||
17 | Department, any law enforcement agency or any other
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18 | responsible agency and (ii) the person who is alleged to have | ||||||
19 | caused the
abuse or neglect is employed or otherwise engaged | ||||||
20 | in an activity resulting
in frequent contact with children and | ||||||
21 | the alleged abuse or neglect are in
the course of such | ||||||
22 | employment or activity, then the Department shall,
except in | ||||||
23 | investigations where the Director determines that such
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24 | notification would be detrimental to the Department's | ||||||
25 | investigation, inform
the appropriate supervisor or | ||||||
26 | administrator of that employment or activity
that the Unit has |
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1 | commenced a formal investigation pursuant to this Act,
which | ||||||
2 | may or may not result in an indicated report. The Department | ||||||
3 | shall also
notify the person being investigated, unless the | ||||||
4 | Director determines that
such notification would be | ||||||
5 | detrimental to the Department's investigation.
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6 | (c) In an investigation of a report of suspected abuse or | ||||||
7 | neglect of
a child by a school employee at a school or on | ||||||
8 | school grounds, the
Department shall make reasonable efforts | ||||||
9 | to follow the following procedures:
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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
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14 | minimize disruption of the school day. The school employee | ||||||
15 | accused of
child abuse or neglect may have his superior, | ||||||
16 | his association or union
representative and his attorney | ||||||
17 | present at any interview or meeting at
which the teacher | ||||||
18 | or administrator is present. The accused school employee
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19 | shall be informed by a representative of the Department, | ||||||
20 | at any
interview or meeting, of the accused school | ||||||
21 | employee's due process rights
and of the steps in the | ||||||
22 | investigation process.
These due
process rights shall also | ||||||
23 | include the right of the school employee to
present | ||||||
24 | countervailing evidence regarding the accusations. In an | ||||||
25 | investigation in which the alleged perpetrator of abuse or | ||||||
26 | neglect is a school employee, including, but not limited |
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1 | to, a school teacher or administrator, and the | ||||||
2 | recommendation is to determine the report to be indicated, | ||||||
3 | in addition to other procedures as set forth and defined | ||||||
4 | in Department rules and procedures, the employee's due | ||||||
5 | process rights shall also include: (i) the right to a copy | ||||||
6 | of the investigation summary; (ii) the right to review the | ||||||
7 | specific allegations which gave rise to the investigation; | ||||||
8 | and (iii) the right to an administrator's teleconference | ||||||
9 | which shall be convened to provide the school employee | ||||||
10 | with the opportunity to present documentary evidence or | ||||||
11 | other information that supports his or her position and to | ||||||
12 | provide information before a final finding is entered.
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13 | (2) If a report of neglect or abuse of a child by a | ||||||
14 | teacher or
administrator does not involve allegations of | ||||||
15 | sexual abuse or extreme
physical abuse, the Child | ||||||
16 | Protective Service Unit shall make reasonable
efforts to | ||||||
17 | conduct the initial investigation in coordination with the
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18 | employee's supervisor.
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19 | If the Unit determines that the report is a good faith | ||||||
20 | indication of
potential child abuse or neglect, it shall | ||||||
21 | then commence a formal
investigation under paragraph (3) | ||||||
22 | of subsection (b) of this Section.
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23 | (3) If a report of neglect or abuse of a child by a | ||||||
24 | teacher or
administrator involves an allegation of sexual | ||||||
25 | abuse or extreme physical
abuse, the Child Protective Unit | ||||||
26 | shall commence an investigation under
paragraph (2) of |
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1 | subsection (b) of this Section.
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2 | (c-5) In any instance in which a report is made or caused | ||||||
3 | to made by a school district employee involving the conduct of | ||||||
4 | a person employed by the school district, at the time the | ||||||
5 | report was made, as required under Section 4 of this Act, the | ||||||
6 | Child Protective Service Unit shall send a copy of its final | ||||||
7 | finding report to the general superintendent of that school | ||||||
8 | district.
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9 | (c-10) The Department may recommend that a school district | ||||||
10 | remove a school employee who is the subject of an | ||||||
11 | investigation from his or her employment position pending the | ||||||
12 | outcome of the investigation; however, all employment | ||||||
13 | decisions regarding school personnel shall be the sole | ||||||
14 | responsibility of the school district or employer. The | ||||||
15 | Department may not require a school district to remove a | ||||||
16 | school employee from his or her employment position or limit | ||||||
17 | the school employee's duties pending the outcome of an | ||||||
18 | investigation. | ||||||
19 | (d) If the Department has contact with an employer, or | ||||||
20 | with a religious
institution or religious official having | ||||||
21 | supervisory or hierarchical authority
over a member of the | ||||||
22 | clergy accused of the abuse of a child,
in the course of its
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23 | investigation, the Department shall notify the employer or the | ||||||
24 | religious
institution or religious official, in writing, when | ||||||
25 | a
report is unfounded so that any record of the investigation | ||||||
26 | can be expunged
from the employee's or member of the clergy's |
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1 | personnel or other
records. The Department shall also notify
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2 | the employee or the member of the clergy, in writing, that | ||||||
3 | notification
has been sent to the employer or to the | ||||||
4 | appropriate religious institution or
religious official
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5 | informing the employer or religious institution or religious | ||||||
6 | official that
the
Department's investigation has resulted in
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7 | an unfounded report.
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8 | (d-1) Whenever a report alleges that a child was abused or | ||||||
9 | neglected while receiving care in a hospital, including a | ||||||
10 | freestanding psychiatric hospital licensed by the Department | ||||||
11 | of Public Health, the Department shall send a copy of its final | ||||||
12 | finding to the Director of Public Health and the Director of | ||||||
13 | Healthcare and Family Services. | ||||||
14 | (d-2) In any investigation conducted in accordance with | ||||||
15 | this Act during which the Department consults with and relies | ||||||
16 | upon a medically trained professional as to whether, to a | ||||||
17 | reasonable degree of medical certainty, abuse or neglect is | ||||||
18 | considered likely, the following protections shall be provided | ||||||
19 | to any subject of the investigation: | ||||||
20 | (1) If a consulting medical professional is employed, | ||||||
21 | in whole or in part, by the Department or receives | ||||||
22 | referrals in the course of an investigation pursuant to | ||||||
23 | any contract, memorandum of understanding, or direct | ||||||
24 | request by an investigator, that individual must identify | ||||||
25 | himself or herself as a forensic consultant, rather than | ||||||
26 | as a member of the child's treatment team, whenever the |
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1 | individual has direct contact with the child or the family | ||||||
2 | of the child. The individual must also provide the child's | ||||||
3 | guardian with accurate information about the medical | ||||||
4 | specialties that the individual holds. | ||||||
5 | (2) The subject of an investigation shall be informed | ||||||
6 | of the medical opinions that the Department has obtained | ||||||
7 | from any forensic consultants pursuant to contracts or | ||||||
8 | subcontracts to which the Department is a party, and the | ||||||
9 | subject of the investigation shall be afforded the | ||||||
10 | reasonable opportunity to submit a second medical opinion | ||||||
11 | to the Department. A request for a second medical opinion | ||||||
12 | shall be completed in a reasonable amount of time to | ||||||
13 | comply with deadlines and shall be considered good cause | ||||||
14 | to toll deadlines for completion of an investigation. | ||||||
15 | (d-3) The Department shall annually prepare and make | ||||||
16 | available on the Department's Reports and Statistics webpage a | ||||||
17 | report on the number of children referred to a consulting | ||||||
18 | medical professional for a forensic opinion. That report shall | ||||||
19 | not contain any personally identifiable information about a | ||||||
20 | child referred for a forensic opinion, the family members of | ||||||
21 | such a child, or the consulting medical professional. If the | ||||||
22 | number of cases in any category of information under items (4) | ||||||
23 | through (10) is less than 10, the Department shall not include | ||||||
24 | that information in the report. The first report must be | ||||||
25 | posted by March 31, 2024. The report shall contain the | ||||||
26 | following information: |
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1 | (1) The total number of abuse or neglect cases that | ||||||
2 | were indicated by the Department, with separate line items | ||||||
3 | for: | ||||||
4 | (A) the total number of abuse and neglect cases | ||||||
5 | that the Department determined were indicated but that | ||||||
6 | did not have child abuse pediatrician involvement; | ||||||
7 | (B) the total number of abuse and neglect cases | ||||||
8 | that the Department determined were indicated but were | ||||||
9 | appealed and the outcomes of those appeals, organized | ||||||
10 | as follows: | ||||||
11 | (i) first, by the total number of indicated | ||||||
12 | cases appealed via administrative appeal hearing | ||||||
13 | before an administrative law judge and the | ||||||
14 | outcomes of those hearings; and | ||||||
15 | (ii) second, by the total number of cases in | ||||||
16 | which an administrative law judge's affirmance of | ||||||
17 | the indicated findings was appealed to federal | ||||||
18 | district court and the outcomes of the court's | ||||||
19 | findings; and | ||||||
20 | (C) the total number of abuse and neglect cases | ||||||
21 | that were indicated by the Department but indicated as | ||||||
22 | to an unknown perpetrator. | ||||||
23 | (2) The total number of abuse or neglect cases that | ||||||
24 | the Department determined were unfounded. | ||||||
25 | (3) The total number of abuse or neglect cases in | ||||||
26 | which a petition for adjudication of wardship was filed. |
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1 | (4) The total number of abuse and neglect cases under | ||||||
2 | paragraphs (1), (2), and (3) in which a consulting medical | ||||||
3 | professional is employed, organized by the identity of the | ||||||
4 | consulting medical professional, by assigning each such | ||||||
5 | professional a unique identifier that does not reveal the | ||||||
6 | professional's name, affiliation, or other personally | ||||||
7 | identifiable information. | ||||||
8 | (5) The total number of abuse and neglect cases under | ||||||
9 | paragraphs (1), (2), and (3), organized by medical | ||||||
10 | diagnosis. | ||||||
11 | (6) The total number of abuse and neglect cases under | ||||||
12 | paragraphs (1), (2), and (3), organized by county. | ||||||
13 | (7) The total number of abuse and neglect cases under | ||||||
14 | paragraphs (1), (2), and (3), organized by race of the | ||||||
15 | child. | ||||||
16 | (8) The total number of abuse and neglect cases under | ||||||
17 | paragraphs (1), (2), and (3), organized by gender of the | ||||||
18 | child. | ||||||
19 | (9) The total number of abuse and neglect cases under | ||||||
20 | paragraphs (1), (2), and (3) involving children with | ||||||
21 | safety plans. | ||||||
22 | (10) The total number of abuse and neglect cases under | ||||||
23 | paragraphs (1), (2), and (3) where the child was put in | ||||||
24 | protective custody. | ||||||
25 | (e) Upon request by the Department, the Illinois
State | ||||||
26 | Police and law enforcement agencies are
authorized to provide |
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1 | criminal history record information
as defined in the Illinois | ||||||
2 | Uniform Conviction Information Act and information
maintained | ||||||
3 | in
the adjudicatory and dispositional record system as defined | ||||||
4 | in Section
2605-355 of the Illinois State Police Law to | ||||||
5 | properly
designated
employees of the
Department of Children
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6 | and Family Services if the Department determines the | ||||||
7 | information is
necessary to perform its duties under the | ||||||
8 | Abused and
Neglected Child Reporting Act, the Child Care Act | ||||||
9 | of 1969, and the Children and
Family Services Act. The
request | ||||||
10 | shall be in the form and manner required
by
the Illinois State | ||||||
11 | Police. Any information obtained by the Department of
Children
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12 | and Family Services under this Section is
confidential and may | ||||||
13 | not be transmitted outside the Department of Children
and | ||||||
14 | Family Services other than to a court of competent | ||||||
15 | jurisdiction or unless
otherwise authorized by law.
Any | ||||||
16 | employee of the Department of Children and Family Services who | ||||||
17 | transmits
confidential information in
violation of this
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18 | Section or causes the information to be
transmitted in | ||||||
19 | violation of this Section is guilty of a Class A
misdemeanor | ||||||
20 | unless the transmittal of
the
information is
authorized by | ||||||
21 | this Section or otherwise authorized by law.
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22 | (f) For purposes of this Section, "child abuse or neglect" | ||||||
23 | includes abuse or neglect of an adult resident as defined in | ||||||
24 | this Act. | ||||||
25 | (Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)".
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