Sen. Julie A. Morrison

Filed: 4/17/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1763

2    AMENDMENT NO. ______. Amend Senate Bill 1763, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 1. The Children and Family Services Act is amended
6by adding Section 5.05 and by adding Section 5.40 as follows:
 
7    (20 ILCS 505/5.05 new)
8    Sec. 5.05. Victims of sex trafficking.
9    (a) Legislative findings. Because of their histories of
10trauma, youth in the care of the Department of Children and
11Family Services are particularly vulnerable to sex
12traffickers. Sex traffickers often target child care
13facilities licensed by the Department to recruit their victims.
14Foster children who are victims of sex trafficking present
15unique treatment needs that existing treatment programs are not
16always able to address. The Department of Children and Family

 

 

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1Services needs to develop a comprehensive strategy and
2continuum of care to treat foster children who are identified
3as victims of sex trafficking.
4    (b) Multi-disciplinary workgroup. By January 1, 2016, the
5Department shall convene a multi-disciplinary workgroup to
6review treatment programs for youth in the Department's care
7who are victims of sex trafficking and to make recommendations
8regarding a continuum of care for these vulnerable youth. The
9workgroup shall do all of the following:
10        (1) Conduct a survey of literature and of existing
11    treatment program models available in the State and outside
12    the State for youth in the Department's care who are
13    victims of sex trafficking, taking into account whether the
14    programs have been subject to evaluation.
15        (2) Evaluate the need for new programs in the State,
16    taking into account that youth in the Department's care who
17    are victims of sex trafficking can present a variety of
18    additional needs, including mental illness, medical needs,
19    emotional disturbance, and cognitive delays.
20        (3) Review existing State laws and rules that permit
21    children to be placed in secured therapeutic residential
22    care and recommend (i) whether secured residential care
23    should be part of a continuum of care in the State for
24    foster youth who have been sexually trafficked and who
25    repeatedly run away from treatment facilities, and if so,
26    whether any amendments to existing State laws and rules

 

 

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1    should be made; and (ii) the circumstances under which
2    youth should be considered for placement in secured
3    therapeutic residential care.
4        (4) Make recommendations regarding a continuum of care
5    for children in the Department's care who are victims of
6    sex trafficking.
7    (c) Composition of workgroup. The workgroup shall consist
8of a minimum of:
9        (1) two representatives of the Department, including
10    at least one who is familiar with child care facilities
11    licensed by the Department under the Child Care Act of 1969
12    that provide residential services;
13        (2) one representative of a child advocacy
14    organization;
15        (3) one licensed clinician with expertise in working
16    with youth in the Department's care;
17        (4) one licensed clinician with expertise in working
18    with youth who are victims of sex trafficking;
19        (5) one board-certified child and adolescent
20    psychiatrist;
21        (6) two persons representing providers of residential
22    treatment programs operating in the State;
23        (7) two persons representing providers of adolescent
24    foster care or specialized foster care programs operating
25    in the State;
26        (8) one representative of the Department of Children

 

 

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1    and Family Services' Statewide Youth Advisory Board;
2        (9) one representative of an agency independent of the
3    Department who has experience in providing treatment to
4    children and youth who are victims of sex trafficking; and
5        (10) one representative of a law enforcement agency
6    that works with youth who are victims of sex trafficking.
7    (d) Records and information. Upon request, the Department
8shall provide the workgroup with all records and information in
9the Department's possession that are relevant to the
10workgroup's review of existing programs and to the workgroup's
11review of the need for new programs for victims of sex
12trafficking. The Department shall redact any confidential
13information from the records and information provided to the
14workgroup to maintain the confidentiality of persons served by
15the Department.
16    (e) Workgroup report. The workgroup shall provide a report
17to the General Assembly no later than January 1, 2017 with its
18findings and recommendations.
19    (f) Department report. No later than March 1, 2017, the
20Department shall implement the workgroup's recommendations, as
21feasible and appropriate, and shall submit a written report to
22the General Assembly that explains the Department's decision to
23implement or to not implement each of the workgroup's
24recommendations.
 
25    (20 ILCS 505/5.40 new)

 

 

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1    Sec. 5.40. Multi-dimensional treatment foster care.
2    Subject to appropriations, beginning January 1, 2016, the
3Department shall implement a 5-year pilot program of
4multi-dimensional treatment foster care, or a substantially
5similar evidence-based program of professional foster care,
6for (i) children entering care with severe trauma histories,
7with the goal of returning the child home or maintaining the
8child in foster care instead of placing the child in congregate
9care or a more restrictive setting or placement, (ii) children
10who require placement in foster care when they are ready for
11discharge from a residential treatment facility, and (iii)
12children who are identified for residential or group home care
13and who, based on a determination made by the Department, could
14be placed in a foster home if higher level interventions are
15provided. The Department shall contract with licensed private
16child welfare agencies to administer the program.
17    The Department shall arrange for an independent evaluation
18of the pilot program to determine whether it is meeting the
19goal of maintaining children in the least restrictive, most
20appropriate family-like setting, near the child's home
21community, while they are in the Department's care and to
22determine whether there is a long-term cost benefit to
23continuing the pilot program.
24    At the end of the 5-year pilot program, the Department
25shall submit a report to the General Assembly with its findings
26of the evaluation. The report shall state whether the

 

 

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1Department intends to continue the pilot program and the
2rationale for its decision.
 
3    Section 10. The Department of Human Services Act is amended
4by adding Section 10-34 as follows:
 
5    (20 ILCS 1305/10-34 new)
6    Sec. 10-34. Public awareness of the national hotline
7number. The Department of Human Services shall cooperate with
8the Department of Transportation to promote public awareness
9regarding the national human trafficking hotline. This
10includes, but is not limited to, displaying public awareness
11signs in high risk areas, such as, but not limited to, truck
12stops, bus stations, train stations, airports, and rest stops.
 
13    Section 15. The Child Care Act of 1969 is amended by adding
14Section 8.5 as follows:
 
15    (225 ILCS 10/8.5 new)
16    Sec. 8.5. Reporting suspected abuse or neglect. The
17Department shall address through rules and procedures the
18failure of individual staff at child care facilities or child
19welfare agencies to report suspected abuse or neglect of
20children within the child care facility as required by the
21Abused and Neglected Child Reporting Act.
22    The rules and procedures shall include provisions for when

 

 

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1the Department learns of the child care facility's staff's
2failure to report suspected abuse or neglect of children and
3the actions the Department will take to ensure the child care
4facility takes immediate action with the individual staff
5involved, if the failure to report suspected abuse and neglect
6was a single incident or part of a larger incident involving
7additional staff members who failed to report, or if the
8failure to report suspected abuse and neglect is a system-wide
9problem within the child care facility or child welfare agency.
10The rules and procedures shall also include the use of
11corrective action plans and the use of supervisory teams to
12review staff and facility understanding of their reporting
13requirements.
14    The Department shall adopt rules by July 1, 2016.
 
15    Section 20. The Abused and Neglected Child Reporting Act is
16amended by changing Sections 3, 7.3, and 7.8 as follows:
 
17    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
18    Sec. 3. As used in this Act unless the context otherwise
19requires:
20    "Adult resident" means any person between 18 and 22 years
21of age who resides in any facility licensed by the Department
22under the Child Care Act of 1969. For purposes of this Act, the
23criteria set forth in the definitions of "abused child" and
24"neglected child" shall be used in determining whether an adult

 

 

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1resident is abused or neglected.
2    "Agency" means a child care facility licensed under Section
32.05 or Section 2.06 of the Child Care Act of 1969 and includes
4a transitional living program that accepts children and adult
5residents for placement who are in the guardianship of the
6Department.
7    "Blatant disregard" means an incident where the real,
8significant, and imminent risk of harm would be so obvious to a
9reasonable parent or caretaker that it is unlikely that a
10reasonable parent or caretaker would have exposed the child to
11the danger without exercising precautionary measures to
12protect the child from harm. With respect to a person working
13at an agency in his or her professional capacity with a child
14or adult resident, "blatant disregard" includes a failure by
15the person to perform job responsibilities intended to protect
16the child's or adult resident's health, physical well-being, or
17welfare, and, when viewed in light of the surrounding
18circumstances, evidence exists that would cause a reasonable
19person to believe that the child was neglected. With respect to
20an agency, "blatant disregard" includes a failure to implement
21practices that ensure the health, physical well-being, or
22welfare of the children and adult residents residing in the
23facility.
24    "Child" means any person under the age of 18 years, unless
25legally emancipated by reason of marriage or entry into a
26branch of the United States armed services.

 

 

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1    "Department" means Department of Children and Family
2Services.
3    "Local law enforcement agency" means the police of a city,
4town, village or other incorporated area or the sheriff of an
5unincorporated area or any sworn officer of the Illinois
6Department of State Police.
7    "Abused child" means a child whose parent or immediate
8family member, or any person responsible for the child's
9welfare, or any individual residing in the same home as the
10child, or a paramour of the child's parent:
11        (a) inflicts, causes to be inflicted, or allows to be
12    inflicted upon such child physical injury, by other than
13    accidental means, which causes death, disfigurement,
14    impairment of physical or emotional health, or loss or
15    impairment of any bodily function;
16        (b) creates a substantial risk of physical injury to
17    such child by other than accidental means which would be
18    likely to cause death, disfigurement, impairment of
19    physical or emotional health, or loss or impairment of any
20    bodily function;
21        (c) commits or allows to be committed any sex offense
22    against such child, as such sex offenses are defined in the
23    Criminal Code of 2012 or in the Wrongs to Children Act, and
24    extending those definitions of sex offenses to include
25    children under 18 years of age;
26        (d) commits or allows to be committed an act or acts of

 

 

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1    torture upon such child;
2        (e) inflicts excessive corporal punishment or, in the
3    case of a person working for an agency who is prohibited
4    from using corporal punishment, inflicts corporal
5    punishment upon a child or adult resident with whom the
6    person is working in his or her professional capacity;
7        (f) commits or allows to be committed the offense of
8    female genital mutilation, as defined in Section 12-34 of
9    the Criminal Code of 2012, against the child;
10        (g) causes to be sold, transferred, distributed, or
11    given to such child under 18 years of age, a controlled
12    substance as defined in Section 102 of the Illinois
13    Controlled Substances Act in violation of Article IV of the
14    Illinois Controlled Substances Act or in violation of the
15    Methamphetamine Control and Community Protection Act,
16    except for controlled substances that are prescribed in
17    accordance with Article III of the Illinois Controlled
18    Substances Act and are dispensed to such child in a manner
19    that substantially complies with the prescription; or
20        (h) commits or allows to be committed the offense of
21    involuntary servitude, involuntary sexual servitude of a
22    minor, or trafficking in persons as defined in Section 10-9
23    of the Criminal Code of 2012 against the child.
24    A child shall not be considered abused for the sole reason
25that the child has been relinquished in accordance with the
26Abandoned Newborn Infant Protection Act.

 

 

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1    "Neglected child" means any child who is not receiving the
2proper or necessary nourishment or medically indicated
3treatment including food or care not provided solely on the
4basis of the present or anticipated mental or physical
5impairment as determined by a physician acting alone or in
6consultation with other physicians or otherwise is not
7receiving the proper or necessary support or medical or other
8remedial care recognized under State law as necessary for a
9child's well-being, or other care necessary for his or her
10well-being, including adequate food, clothing and shelter; or
11who is subjected to an environment which is injurious insofar
12as (i) the child's environment creates a likelihood of harm to
13the child's health, physical well-being, or welfare and (ii)
14the likely harm to the child is the result of a blatant
15disregard of parent, or caretaker, or agency responsibilities;
16or who is abandoned by his or her parents or other person
17responsible for the child's welfare without a proper plan of
18care; or who has been provided with interim crisis intervention
19services under Section 3-5 of the Juvenile Court Act of 1987
20and whose parent, guardian, or custodian refuses to permit the
21child to return home and no other living arrangement agreeable
22to the parent, guardian, or custodian can be made, and the
23parent, guardian, or custodian has not made any other
24appropriate living arrangement for the child; or who is a
25newborn infant whose blood, urine, or meconium contains any
26amount of a controlled substance as defined in subsection (f)

 

 

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1of Section 102 of the Illinois Controlled Substances Act or a
2metabolite thereof, with the exception of a controlled
3substance or metabolite thereof whose presence in the newborn
4infant is the result of medical treatment administered to the
5mother or the newborn infant. A child shall not be considered
6neglected for the sole reason that the child's parent or other
7person responsible for his or her welfare has left the child in
8the care of an adult relative for any period of time. A child
9shall not be considered neglected for the sole reason that the
10child has been relinquished in accordance with the Abandoned
11Newborn Infant Protection Act. A child shall not be considered
12neglected or abused for the sole reason that such child's
13parent or other person responsible for his or her welfare
14depends upon spiritual means through prayer alone for the
15treatment or cure of disease or remedial care as provided under
16Section 4 of this Act. A child shall not be considered
17neglected or abused solely because the child is not attending
18school in accordance with the requirements of Article 26 of The
19School Code, as amended.
20    "Child Protective Service Unit" means certain specialized
21State employees of the Department assigned by the Director to
22perform the duties and responsibilities as provided under
23Section 7.2 of this Act.
24    "Person responsible for the child's welfare" means the
25child's parent; guardian; foster parent; relative caregiver;
26any person responsible for the child's welfare in a public or

 

 

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1private residential agency or institution; any person
2responsible for the child's welfare within a public or private
3profit or not for profit child care facility; or any other
4person responsible for the child's welfare at the time of the
5alleged abuse or neglect, including any person that is the
6custodian of a child under 18 years of age who commits or
7allows to be committed, against the child, the offense of
8involuntary servitude, involuntary sexual servitude of a
9minor, or trafficking in persons for forced labor or services,
10as provided in Section 10-9 of the Criminal Code of 2012, or
11any person who came to know the child through an official
12capacity or position of trust, including but not limited to
13health care professionals, educational personnel, recreational
14supervisors, members of the clergy, and volunteers or support
15personnel in any setting where children may be subject to abuse
16or neglect.
17    "Temporary protective custody" means custody within a
18hospital or other medical facility or a place previously
19designated for such custody by the Department, subject to
20review by the Court, including a licensed foster home, group
21home, or other institution; but such place shall not be a jail
22or other place for the detention of criminal or juvenile
23offenders.
24    "An unfounded report" means any report made under this Act
25for which it is determined after an investigation that no
26credible evidence of abuse or neglect exists.

 

 

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1    "An indicated report" means a report made under this Act if
2an investigation determines that credible evidence of the
3alleged abuse or neglect exists.
4    "An undetermined report" means any report made under this
5Act in which it was not possible to initiate or complete an
6investigation on the basis of information provided to the
7Department.
8    "Subject of report" means any child reported to the central
9register of child abuse and neglect established under Section
107.7 of this Act as an alleged victim of child abuse or neglect
11and the parent or guardian of the alleged victim or other
12person responsible for the alleged victim's welfare who is
13named in the report or added to the report as an alleged
14perpetrator of child abuse or neglect.
15    "Perpetrator" means a person who, as a result of
16investigation, has been determined by the Department to have
17caused child abuse or neglect.
18    "Member of the clergy" means a clergyman or practitioner of
19any religious denomination accredited by the religious body to
20which he or she belongs.
21(Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10;
2296-1464, eff. 8-20-10; 97-333, eff. 8-12-11; 97-803, eff.
237-13-12; 97-897, eff. 1-1-13; 97-1063, eff. 8-24-12; 97-1150,
24eff. 1-25-13.)
 
25    (325 ILCS 5/7.3)  (from Ch. 23, par. 2057.3)

 

 

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1    Sec. 7.3. (a) The Department shall be the sole agency
2responsible for receiving and investigating reports of child
3abuse or neglect made under this Act, including reports of
4adult resident abuse or neglect as defined in this Act, except
5where investigations by other agencies may be required with
6respect to reports alleging the death of a child, serious
7injury to a child or sexual abuse to a child made pursuant to
8Sections 4.1 or 7 of this Act, and except that the Department
9may delegate the performance of the investigation to the
10Department of State Police, a law enforcement agency and to
11those private social service agencies which have been
12designated for this purpose by the Department prior to July 1,
131980.
14    (b) Notwithstanding any other provision of this Act, the
15Department shall adopt rules expressly allowing law
16enforcement personnel to investigate reports of suspected
17child abuse or neglect concurrently with the Department,
18without regard to whether the Department determines a report to
19be "indicated" or "unfounded" or deems a report to be
20"undetermined".
21    (c) By June 1, 2016, the Department shall adopt rules that
22address and set forth criteria and standards relevant to
23investigations of reports of abuse or neglect committed by any
24agency, as defined in Section 3 of this Act, or person working
25for an agency responsible for the welfare of a child or adult
26resident.

 

 

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1(Source: P.A. 95-57, eff. 8-10-07; 96-1446, eff. 8-20-10.)
 
2    (325 ILCS 5/7.8)  (from Ch. 23, par. 2057.8)
3    Sec. 7.8. Upon receiving an oral or written report of
4suspected child abuse or neglect, the Department shall
5immediately notify, either orally or electronically, the Child
6Protective Service Unit of a previous report concerning a
7subject of the present report or other pertinent information.
8In addition, upon satisfactory identification procedures, to
9be established by Department regulation, any person authorized
10to have access to records under Section 11.1 relating to child
11abuse and neglect may request and shall be immediately provided
12the information requested in accordance with this Act. However,
13no information shall be released unless it prominently states
14the report is "indicated", and only information from
15"indicated" reports shall be released, except that information
16concerning pending reports may be released pursuant to Sections
177.14 and 7.22 of this Act to the attorney or guardian ad litem
18appointed under Section 2-17 of the Juvenile Court Act of 1987
19and to any person authorized under paragraphs (1), (2), (3) and
20(11) of Section 11.1. In addition, State's Attorneys are
21authorized to receive unfounded reports for prosecution
22purposes related to the transmission of false reports of child
23abuse or neglect in violation of subsection (a), paragraph (7)
24of Section 26-1 of the Criminal Code of 2012 and attorneys and
25guardians ad litem appointed under Article II of the Juvenile

 

 

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1Court Act of 1987 shall receive the reports set forth in
2Section 7.14 of this Act in conformance with paragraph (19) of
3Section 11.1 and Section 7.14 of this Act. The Department is
4authorized and required to release information from unfounded
5reports, upon request by a person who has access to the
6unfounded report as provided in this Act, as necessary in its
7determination to protect children and adult residents who are
8in child care facilities licensed by the Department under the
9Child Care Act of 1969. The names and other identifying data
10and the dates and the circumstances of any persons requesting
11or receiving information from the central register shall be
12entered in the register record.
13(Source: P.A. 97-1150, eff. 1-25-13; 98-807, eff. 8-1-14;
14revised 11-25-14.)
 
15    Section 99. Effective date. This Act takes effect on
16January 1, 2016, except that Section 20 takes effect on June 1,
172016.".