SB1763 EngrossedLRB099 10385 KTG 30612 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 1. The Children and Family Services Act is amended
5by adding Section 5.05 and by adding Section 5.40 as follows:
 
6    (20 ILCS 505/5.05 new)
7    Sec. 5.05. Victims of sex trafficking.
8    (a) Legislative findings. Because of their histories of
9trauma, youth in the care of the Department of Children and
10Family Services are particularly vulnerable to sex
11traffickers. Sex traffickers often target child care
12facilities licensed by the Department to recruit their victims.
13Foster children who are victims of sex trafficking present
14unique treatment needs that existing treatment programs are not
15always able to address. The Department of Children and Family
16Services needs to develop a comprehensive strategy and
17continuum of care to treat foster children who are identified
18as victims of sex trafficking.
19    (b) Multi-disciplinary workgroup. By January 1, 2016, the
20Department shall convene a multi-disciplinary workgroup to
21review treatment programs for youth in the Department's care
22who are victims of sex trafficking and to make recommendations
23regarding a continuum of care for these vulnerable youth. The

 

 

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1workgroup shall do all of the following:
2        (1) Conduct a survey of literature and of existing
3    treatment program models available in the State and outside
4    the State for youth in the Department's care who are
5    victims of sex trafficking, taking into account whether the
6    programs have been subject to evaluation.
7        (2) Evaluate the need for new programs in the State,
8    taking into account that youth in the Department's care who
9    are victims of sex trafficking can present a variety of
10    additional needs, including mental illness, medical needs,
11    emotional disturbance, and cognitive delays.
12        (3) Review existing State laws and rules that permit
13    children to be placed in secured therapeutic residential
14    care and recommend (i) whether secured residential care
15    should be part of a continuum of care in the State for
16    foster youth who have been sexually trafficked and who
17    repeatedly run away from treatment facilities, and if so,
18    whether any amendments to existing State laws and rules
19    should be made; and (ii) the circumstances under which
20    youth should be considered for placement in secured
21    therapeutic residential care.
22        (4) Make recommendations regarding a continuum of care
23    for children in the Department's care who are victims of
24    sex trafficking.
25    (c) Composition of workgroup. The workgroup shall consist
26of a minimum of:

 

 

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1        (1) two representatives of the Department, including
2    at least one who is familiar with child care facilities
3    licensed by the Department under the Child Care Act of 1969
4    that provide residential services;
5        (2) one representative of a child advocacy
6    organization;
7        (3) one licensed clinician with expertise in working
8    with youth in the Department's care;
9        (4) one licensed clinician with expertise in working
10    with youth who are victims of sex trafficking;
11        (5) one board-certified child and adolescent
12    psychiatrist;
13        (6) two persons representing providers of residential
14    treatment programs operating in the State;
15        (7) two persons representing providers of adolescent
16    foster care or specialized foster care programs operating
17    in the State;
18        (8) one representative of the Department of Children
19    and Family Services' Statewide Youth Advisory Board;
20        (9) one representative of an agency independent of the
21    Department who has experience in providing treatment to
22    children and youth who are victims of sex trafficking; and
23        (10) one representative of a law enforcement agency
24    that works with youth who are victims of sex trafficking.
25    (d) Records and information. Upon request, the Department
26shall provide the workgroup with all records and information in

 

 

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1the Department's possession that are relevant to the
2workgroup's review of existing programs and to the workgroup's
3review of the need for new programs for victims of sex
4trafficking. The Department shall redact any confidential
5information from the records and information provided to the
6workgroup to maintain the confidentiality of persons served by
7the Department.
8    (e) Workgroup report. The workgroup shall provide a report
9to the General Assembly no later than January 1, 2017 with its
10findings and recommendations.
11    (f) Department report. No later than March 1, 2017, the
12Department shall implement the workgroup's recommendations, as
13feasible and appropriate, and shall submit a written report to
14the General Assembly that explains the Department's decision to
15implement or to not implement each of the workgroup's
16recommendations.
 
17    (20 ILCS 505/5.40 new)
18    Sec. 5.40. Multi-dimensional treatment foster care.
19    Subject to appropriations, beginning June 1, 2016, the
20Department shall implement a 5-year pilot program of
21multi-dimensional treatment foster care, or a substantially
22similar evidence-based program of professional foster care,
23for (i) children entering care with severe trauma histories,
24with the goal of returning the child home or maintaining the
25child in foster care instead of placing the child in congregate

 

 

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1care or a more restrictive setting or placement, (ii) children
2who require placement in foster care when they are ready for
3discharge from a residential treatment facility, and (iii)
4children who are identified for residential or group home care
5and who, based on a determination made by the Department, could
6be placed in a foster home if higher level interventions are
7provided.
8    The Department shall arrange for an independent evaluation
9of the pilot program to determine whether it is meeting the
10goal of maintaining children in the least restrictive, most
11appropriate family-like setting, near the child's home
12community, while they are in the Department's care and to
13determine whether there is a long-term cost benefit to
14continuing the pilot program.
15    At the end of the 5-year pilot program, the Department
16shall submit a report to the General Assembly with its findings
17of the evaluation. The report shall state whether the
18Department intends to continue the pilot program and the
19rationale for its decision.
 
20    Section 10. The Department of Human Services Act is amended
21by adding Section 10-34 as follows:
 
22    (20 ILCS 1305/10-34 new)
23    Sec. 10-34. Public awareness of the national hotline
24number. The Department of Human Services shall cooperate with

 

 

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1the Department of Transportation to promote public awareness
2regarding the national human trafficking hotline. This
3includes, but is not limited to, displaying public awareness
4signs in high risk areas, such as, but not limited to, truck
5stops, bus stations, train stations, airports, and rest stops.
 
6    Section 15. The Child Care Act of 1969 is amended by adding
7Section 8.5 as follows:
 
8    (225 ILCS 10/8.5 new)
9    Sec. 8.5. Reporting suspected abuse or neglect. The
10Department shall address through rules and procedures the
11failure of individual staff at child care facilities or child
12welfare agencies to report suspected abuse or neglect of
13children within the child care facility as required by the
14Abused and Neglected Child Reporting Act.
15    The rules and procedures shall include provisions for when
16the Department learns of the child care facility's staff's
17failure to report suspected abuse or neglect of children and
18the actions the Department will take to (i) ensure that the
19child care facility takes immediate action with the individual
20staff involved and (ii) investigate whether the failure to
21report suspected abuse and neglect was a single incident or
22part of a larger incident involving additional staff members
23who failed to report, or whether the failure to report
24suspected abuse and neglect is a system-wide problem within the

 

 

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1child care facility or child welfare agency. The rules and
2procedures shall also include the use of corrective action
3plans and the use of supervisory teams to review staff and
4facility understanding of their reporting requirements.
5    The Department shall adopt rules by July 1, 2016.
 
6    Section 20. The Abused and Neglected Child Reporting Act is
7amended by changing Sections 3, 7.3, and 7.8 as follows:
 
8    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
9    Sec. 3. As used in this Act unless the context otherwise
10requires:
11    "Adult resident" means any person between 18 and 22 years
12of age who resides in any facility licensed by the Department
13under the Child Care Act of 1969. For purposes of this Act, the
14criteria set forth in the definitions of "abused child" and
15"neglected child" shall be used in determining whether an adult
16resident is abused or neglected.
17    "Agency" means a child care facility licensed under Section
182.05 or Section 2.06 of the Child Care Act of 1969 and includes
19a transitional living program that accepts children and adult
20residents for placement who are in the guardianship of the
21Department.
22    "Blatant disregard" means an incident where the real,
23significant, and imminent risk of harm would be so obvious to a
24reasonable parent or caretaker that it is unlikely that a

 

 

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1reasonable parent or caretaker would have exposed the child to
2the danger without exercising precautionary measures to
3protect the child from harm. With respect to a person working
4at an agency in his or her professional capacity with a child
5or adult resident, "blatant disregard" includes a failure by
6the person to perform job responsibilities intended to protect
7the child's or adult resident's health, physical well-being, or
8welfare, and, when viewed in light of the surrounding
9circumstances, evidence exists that would cause a reasonable
10person to believe that the child was neglected. With respect to
11an agency, "blatant disregard" includes a failure to implement
12practices that ensure the health, physical well-being, or
13welfare of the children and adult residents residing in the
14facility.
15    "Child" means any person under the age of 18 years, unless
16legally emancipated by reason of marriage or entry into a
17branch of the United States armed services.
18    "Department" means Department of Children and Family
19Services.
20    "Local law enforcement agency" means the police of a city,
21town, village or other incorporated area or the sheriff of an
22unincorporated area or any sworn officer of the Illinois
23Department of State Police.
24    "Abused child" means a child whose parent or immediate
25family member, or any person responsible for the child's
26welfare, or any individual residing in the same home as the

 

 

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1child, or a paramour of the child's parent:
2        (a) inflicts, causes to be inflicted, or allows to be
3    inflicted upon such child physical injury, by other than
4    accidental means, which causes death, disfigurement,
5    impairment of physical or emotional health, or loss or
6    impairment of any bodily function;
7        (b) creates a substantial risk of physical injury to
8    such child by other than accidental means which would be
9    likely to cause death, disfigurement, impairment of
10    physical or emotional health, or loss or impairment of any
11    bodily function;
12        (c) commits or allows to be committed any sex offense
13    against such child, as such sex offenses are defined in the
14    Criminal Code of 2012 or in the Wrongs to Children Act, and
15    extending those definitions of sex offenses to include
16    children under 18 years of age;
17        (d) commits or allows to be committed an act or acts of
18    torture upon such child;
19        (e) inflicts excessive corporal punishment or, in the
20    case of a person working for an agency who is prohibited
21    from using corporal punishment, inflicts corporal
22    punishment upon a child or adult resident with whom the
23    person is working in his or her professional capacity;
24        (f) commits or allows to be committed the offense of
25    female genital mutilation, as defined in Section 12-34 of
26    the Criminal Code of 2012, against the child;

 

 

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1        (g) causes to be sold, transferred, distributed, or
2    given to such child under 18 years of age, a controlled
3    substance as defined in Section 102 of the Illinois
4    Controlled Substances Act in violation of Article IV of the
5    Illinois Controlled Substances Act or in violation of the
6    Methamphetamine Control and Community Protection Act,
7    except for controlled substances that are prescribed in
8    accordance with Article III of the Illinois Controlled
9    Substances Act and are dispensed to such child in a manner
10    that substantially complies with the prescription; or
11        (h) commits or allows to be committed the offense of
12    involuntary servitude, involuntary sexual servitude of a
13    minor, or trafficking in persons as defined in Section 10-9
14    of the Criminal Code of 2012 against the child.
15    A child shall not be considered abused for the sole reason
16that the child has been relinquished in accordance with the
17Abandoned Newborn Infant Protection Act.
18    "Neglected child" means any child who is not receiving the
19proper or necessary nourishment or medically indicated
20treatment including food or care not provided solely on the
21basis of the present or anticipated mental or physical
22impairment as determined by a physician acting alone or in
23consultation with other physicians or otherwise is not
24receiving the proper or necessary support or medical or other
25remedial care recognized under State law as necessary for a
26child's well-being, or other care necessary for his or her

 

 

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1well-being, including adequate food, clothing and shelter; or
2who is subjected to an environment which is injurious insofar
3as (i) the child's environment creates a likelihood of harm to
4the child's health, physical well-being, or welfare and (ii)
5the likely harm to the child is the result of a blatant
6disregard of parent, or caretaker, or agency responsibilities;
7or who is abandoned by his or her parents or other person
8responsible for the child's welfare without a proper plan of
9care; or who has been provided with interim crisis intervention
10services under Section 3-5 of the Juvenile Court Act of 1987
11and whose parent, guardian, or custodian refuses to permit the
12child to return home and no other living arrangement agreeable
13to the parent, guardian, or custodian can be made, and the
14parent, guardian, or custodian has not made any other
15appropriate living arrangement for the child; or who is a
16newborn infant whose blood, urine, or meconium contains any
17amount of a controlled substance as defined in subsection (f)
18of Section 102 of the Illinois Controlled Substances Act or a
19metabolite thereof, with the exception of a controlled
20substance or metabolite thereof whose presence in the newborn
21infant is the result of medical treatment administered to the
22mother or the newborn infant. A child shall not be considered
23neglected for the sole reason that the child's parent or other
24person responsible for his or her welfare has left the child in
25the care of an adult relative for any period of time. A child
26shall not be considered neglected for the sole reason that the

 

 

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1child has been relinquished in accordance with the Abandoned
2Newborn Infant Protection Act. A child shall not be considered
3neglected or abused for the sole reason that such child's
4parent or other person responsible for his or her welfare
5depends upon spiritual means through prayer alone for the
6treatment or cure of disease or remedial care as provided under
7Section 4 of this Act. A child shall not be considered
8neglected or abused solely because the child is not attending
9school in accordance with the requirements of Article 26 of The
10School Code, as amended.
11    "Child Protective Service Unit" means certain specialized
12State employees of the Department assigned by the Director to
13perform the duties and responsibilities as provided under
14Section 7.2 of this Act.
15    "Person responsible for the child's welfare" means the
16child's parent; guardian; foster parent; relative caregiver;
17any person responsible for the child's welfare in a public or
18private residential agency or institution; any person
19responsible for the child's welfare within a public or private
20profit or not for profit child care facility; or any other
21person responsible for the child's welfare at the time of the
22alleged abuse or neglect, including any person that is the
23custodian of a child under 18 years of age who commits or
24allows to be committed, against the child, the offense of
25involuntary servitude, involuntary sexual servitude of a
26minor, or trafficking in persons for forced labor or services,

 

 

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1as provided in Section 10-9 of the Criminal Code of 2012, or
2any person who came to know the child through an official
3capacity or position of trust, including but not limited to
4health care professionals, educational personnel, recreational
5supervisors, members of the clergy, and volunteers or support
6personnel in any setting where children may be subject to abuse
7or neglect.
8    "Temporary protective custody" means custody within a
9hospital or other medical facility or a place previously
10designated for such custody by the Department, subject to
11review by the Court, including a licensed foster home, group
12home, or other institution; but such place shall not be a jail
13or other place for the detention of criminal or juvenile
14offenders.
15    "An unfounded report" means any report made under this Act
16for which it is determined after an investigation that no
17credible evidence of abuse or neglect exists.
18    "An indicated report" means a report made under this Act if
19an investigation determines that credible evidence of the
20alleged abuse or neglect exists.
21    "An undetermined report" means any report made under this
22Act in which it was not possible to initiate or complete an
23investigation on the basis of information provided to the
24Department.
25    "Subject of report" means any child reported to the central
26register of child abuse and neglect established under Section

 

 

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17.7 of this Act as an alleged victim of child abuse or neglect
2and the parent or guardian of the alleged victim or other
3person responsible for the alleged victim's welfare who is
4named in the report or added to the report as an alleged
5perpetrator of child abuse or neglect.
6    "Perpetrator" means a person who, as a result of
7investigation, has been determined by the Department to have
8caused child abuse or neglect.
9    "Member of the clergy" means a clergyman or practitioner of
10any religious denomination accredited by the religious body to
11which he or she belongs.
12(Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10;
1396-1464, eff. 8-20-10; 97-333, eff. 8-12-11; 97-803, eff.
147-13-12; 97-897, eff. 1-1-13; 97-1063, eff. 8-24-12; 97-1150,
15eff. 1-25-13.)
 
16    (325 ILCS 5/7.3)  (from Ch. 23, par. 2057.3)
17    Sec. 7.3. (a) The Department shall be the sole agency
18responsible for receiving and investigating reports of child
19abuse or neglect made under this Act, including reports of
20adult resident abuse or neglect as defined in this Act, except
21where investigations by other agencies may be required with
22respect to reports alleging the death of a child, serious
23injury to a child or sexual abuse to a child made pursuant to
24Sections 4.1 or 7 of this Act, and except that the Department
25may delegate the performance of the investigation to the

 

 

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1Department of State Police, a law enforcement agency and to
2those private social service agencies which have been
3designated for this purpose by the Department prior to July 1,
41980.
5    (b) Notwithstanding any other provision of this Act, the
6Department shall adopt rules expressly allowing law
7enforcement personnel to investigate reports of suspected
8child abuse or neglect concurrently with the Department,
9without regard to whether the Department determines a report to
10be "indicated" or "unfounded" or deems a report to be
11"undetermined".
12    (c) By June 1, 2016, the Department shall adopt rules that
13address and set forth criteria and standards relevant to
14investigations of reports of abuse or neglect committed by any
15agency, as defined in Section 3 of this Act, or person working
16for an agency responsible for the welfare of a child or adult
17resident.
18(Source: P.A. 95-57, eff. 8-10-07; 96-1446, eff. 8-20-10.)
 
19    (325 ILCS 5/7.8)  (from Ch. 23, par. 2057.8)
20    Sec. 7.8. Upon receiving an oral or written report of
21suspected child abuse or neglect, the Department shall
22immediately notify, either orally or electronically, the Child
23Protective Service Unit of a previous report concerning a
24subject of the present report or other pertinent information.
25In addition, upon satisfactory identification procedures, to

 

 

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1be established by Department regulation, any person authorized
2to have access to records under Section 11.1 relating to child
3abuse and neglect may request and shall be immediately provided
4the information requested in accordance with this Act. However,
5no information shall be released unless it prominently states
6the report is "indicated", and only information from
7"indicated" reports shall be released, except that information
8concerning pending reports may be released pursuant to Sections
97.14 and 7.22 of this Act to the attorney or guardian ad litem
10appointed under Section 2-17 of the Juvenile Court Act of 1987
11and to any person authorized under paragraphs (1), (2), (3) and
12(11) of Section 11.1. In addition, State's Attorneys are
13authorized to receive unfounded reports for prosecution
14purposes related to the transmission of false reports of child
15abuse or neglect in violation of subsection (a), paragraph (7)
16of Section 26-1 of the Criminal Code of 2012 and attorneys and
17guardians ad litem appointed under Article II of the Juvenile
18Court Act of 1987 shall receive the reports set forth in
19Section 7.14 of this Act in conformance with paragraph (19) of
20Section 11.1 and Section 7.14 of this Act. The Department is
21authorized and required to release information from unfounded
22reports, upon request by a person who has access to the
23unfounded report as provided in this Act, as necessary in its
24determination to protect children and adult residents who are
25in child care facilities licensed by the Department under the
26Child Care Act of 1969. The names and other identifying data

 

 

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1and the dates and the circumstances of any persons requesting
2or receiving information from the central register shall be
3entered in the register record.
4(Source: P.A. 97-1150, eff. 1-25-13; 98-807, eff. 8-1-14;
5revised 11-25-14.)
 
6    Section 99. Effective date. This Act takes effect on
7January 1, 2016, except that Section 20 takes effect on June 1,
82016.