Sen. Mary Edly-Allen

Filed: 3/8/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2788

2    AMENDMENT NO. ______. Amend Senate Bill 2788 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Abused and Neglected Child Reporting Act
5is amended by changing Sections 7 and 8.6 as follows:
 
6    (325 ILCS 5/7)  (from Ch. 23, par. 2057)
7    Sec. 7. Time and manner of making reports. All reports of
8suspected child abuse or neglect made under this Act shall be
9made immediately by telephone to the central register
10established under Section 7.7 on the single, State-wide,
11toll-free telephone number established in Section 7.6, or in
12person or by telephone through the nearest Department office.
13The Department shall, in cooperation with school officials,
14distribute appropriate materials in school buildings listing
15the toll-free telephone number established in Section 7.6,
16including methods of making a report under this Act. The

 

 

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1Department may, in cooperation with appropriate members of the
2clergy, distribute appropriate materials in churches,
3synagogues, temples, mosques, or other religious buildings
4listing the toll-free telephone number established in Section
57.6, including methods of making a report under this Act.
6    Wherever the Statewide number is posted, there shall also
7be posted the following notice:
8    "Any person who knowingly transmits a false report to the
9Department commits the offense of disorderly conduct under
10subsection (a)(7) of Section 26-1 of the Criminal Code of
112012. A violation of this subsection is a Class 4 felony."
12    The report required by this Act shall include, if known,
13the name and address of the child and the child's parents or
14other persons having the child's custody; the child's age; the
15nature of the child's condition, including any evidence of
16previous injuries or disabilities; and any other information
17that the person filing the report believes might be helpful in
18establishing the cause of such abuse or neglect and the
19identity of the person believed to have caused such abuse or
20neglect. Reports made to the central register through the
21State-wide, toll-free telephone number shall be immediately
22transmitted by the Department to the appropriate Child
23Protective Service Unit. All such reports alleging the death
24of a child, serious injury to a child, including, but not
25limited to, brain damage, skull fractures, subdural hematomas,
26and internal injuries, torture of a child, malnutrition of a

 

 

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

 

 

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1the same home as the child, or a paramour of the child's parent
2shall immediately be referred to the appropriate local law
3enforcement agency for consideration of criminal investigation
4or other action.
5    Written confirmation reports from persons not required to
6report by this Act may be made to the appropriate Child
7Protective Service Unit. Written reports from persons required
8by this Act to report shall be admissible in evidence in any
9judicial proceeding or administrative hearing relating to
10child abuse or neglect. Reports involving known or suspected
11child abuse or neglect in public or private residential
12agencies or institutions shall be made and received in the
13same manner as all other reports made under this Act.
14    For purposes of this Section, "child" includes an adult
15resident as defined in this Act.
16(Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23.)
 
17    (325 ILCS 5/8.6)
18    Sec. 8.6. Reports to a child's school. Within 10 days
19after completing an investigation of alleged physical or
20sexual abuse under this Act, if the report is indicated, the
21Child Protective Service Unit shall send a copy of its final
22finding report to the school that the child, who is the
23indicated victim of child abuse, the report attends. During If
24the final finding report is sent during the summer when the
25school is not in session, the report shall be sent to the last

 

 

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1school that the child attended. The final finding report shall
2be sent as "confidential", and the school shall be responsible
3for ensuring that the report remains confidential in
4accordance with the Illinois School Student Records Act. If an
5indicated finding is overturned in an appeal or hearing, or if
6the Department has made a determination that the child is no
7longer at risk of physical or sexual harm, the Department
8shall request that the final finding report be purged from the
9student's record, and the school shall purge the final finding
10report from the student's record. The final finding report
11shall provide the date of expungement and return the report to
12the Department. If an indicated report is expunged from the
13central register, and that report has been sent to a child's
14school, the Department shall request that the final finding
15report be purged from the student's record, and the school
16shall purge the final finding report from the student's record
17in accordance with the Illinois School Student Records Act and
18return the report to the Department.
19(Source: P.A. 92-295, eff. 1-1-02.)".