Public Act 103-0460
 
SB0375 EnrolledLRB103 02782 KTG 47788 b



    AN ACT concerning children.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 
 
    Section 5. The Children and Family Services Act is amended  
by changing Section 21 as follows:
 


    (20 ILCS 505/21)  (from Ch. 23, par. 5021)




    Sec. 21. Investigative powers; training. 

    (a) To make such investigations as it may deem necessary 
to the
performance of its duties.

    (b) In the course of any such investigation any
qualified 
person authorized by the Director may administer oaths and 
secure
by its subpoena both the attendance and testimony of 
witnesses and the
production of books and papers relevant to 
such investigation. Any person
who is served with a subpoena 
by the Department to appear and testify or to
produce books and 
papers, in the course of an investigation authorized by
law, 
and who refuses or neglects to appear, or to testify, or to 
produce
books and papers relevant to such investigation, as 
commanded in such
subpoena, shall be guilty of a Class B 
misdemeanor. The fees of witnesses
for attendance and travel 
shall be the same as the fees of witnesses before
the circuit 
courts of this State. Any circuit court of this State, upon

application of the person requesting the hearing or the 
Department, may
compel the attendance of witnesses, the

production of books and papers, and giving of testimony
before 
the Department or before any authorized officer or employee 
thereof,
by an attachment for contempt or otherwise, in the 
same manner as
production of evidence may be compelled before 
such court. Every person
who, having taken an oath or made 
affirmation before the Department or any
authorized officer or 
employee thereof, shall willfully swear or affirm
falsely, 
shall be guilty of perjury and upon conviction shall be 
punished
accordingly.

    (c) Investigations initiated under this Section shall 
provide
individuals due process of law, including the right to 
a hearing, to
cross-examine witnesses, to obtain relevant 
documents, and to present
evidence. Administrative findings 
shall be subject to the provisions of the
Administrative 
Review Law.

    (d) Beginning July 1, 1988, any child protective 
investigator or
supervisor or child welfare specialist or 
supervisor employed by the
Department on the
effective date of 
this amendatory Act of 1987
shall have completed a training 
program which shall be instituted by the
Department. The

training program shall include, but not be limited to, the 
following: (1)
training in the detection of symptoms of child 
neglect and drug abuse; (2)
specialized training for dealing 
with families and children of drug
abusers; and (3) specific 
training in child development, family dynamics
and interview 
techniques. Such program shall conform to the criteria and

curriculum developed under Section 4 of the Child Protective 
Investigator
and Child Welfare Specialist Certification
Act of 
1987. Failure to complete such training due to lack of

opportunity provided by the Department shall in no way be 
grounds for any
disciplinary or other action against an 
investigator or a specialist.

    The Department shall develop a continuous inservice staff 
development
program and evaluation system.  Each child 
protective investigator and
supervisor and child welfare 
specialist and supervisor shall participate in
such program 
and evaluation and shall complete a minimum of 20 hours of

inservice education and training every 2 years in order to 
maintain certification.

    Any child protective investigator or child protective 
supervisor,
or child welfare specialist or child welfare 
specialist supervisor
hired by
the Department who begins his

actual
employment after the effective date of this amendatory 
Act of 1987, shall
be certified
pursuant
to the Child 
Protective Investigator and Child Welfare Specialist

Certification Act of 1987 before he
begins such employment. 
Nothing in this Act shall replace or diminish the
rights of 
employees under the Illinois Public Labor Relations Act, as

amended, or the National Labor Relations Act. In the event of 
any conflict
between either of those Acts, or any collective

bargaining agreement negotiated thereunder, and the provisions 
of subsections
(d) and (e), the former shall prevail and 
control.

    (e) The Department shall develop and implement the 
following:

        (1) A
safety-based child welfare intervention system 
    standardized child endangerment risk assessment protocol.

        (2) Related training
procedures.

        (3) A standardized method for demonstration of

    proficiency in
application of the safety-based child 
    welfare intervention system protocol.

        (4) An evaluation of the reliability and
validity of 
    the safety-based child welfare intervention system 
    protocol.

All child protective investigators and supervisors
and child 
welfare specialists and supervisors employed by the Department 
or its
contractors shall be required, subsequent to the 
availability of training under
this Act, to demonstrate 
proficiency in application of the safety-based child welfare 
intervention system protocol previous to
being permitted to 
make safety decisions about the degree of risk posed to 
children
for whom they are responsible.  The Department shall 
establish a
multi-disciplinary advisory committee
appointed by 
the Director, including but not limited to representatives 
from
the fields of child development, domestic violence, 
family systems, juvenile
justice, law enforcement, health 
care, mental health, substance abuse, and
social service to 
advise the Department and its related contractors in the

development and implementation of the safety-based child 
welfare intervention system child
endangerment risk assessment 
protocol, related training, method for
demonstration of 
proficiency in application of the safety-based child welfare 
intervention system protocol, and evaluation of
the 
reliability and validity of the safety-based child welfare 
intervention system protocol.  The Department shall develop the

safety-based child welfare intervention system protocol, 
training curriculum, method for demonstration of proficiency 
in
application of the safety-based child welfare intervention 
system, protocol and method for evaluation of the reliability 
and
validity of the safety-based child welfare intervention 
system protocol by July 1, 1995.  Training and demonstration of

proficiency in application of the safety-based child welfare 
intervention system child endangerment risk assessment 
protocol
for all child protective investigators and 
supervisors and child welfare
specialists and
supervisors

shall be completed
as soon as practicable, but no later than 
January 1, 1996.  The Department
shall submit
to
the General 
Assembly on or before December 31, 2026 May 1, 1996, and every 
year thereafter, an
annual report on the evaluation of the 
reliability and validity of the safety-based child welfare 
intervention system child
endangerment risk assessment 
protocol.  The Department shall contract with a
not for profit 
organization with demonstrated expertise in the field of 
safety-based child welfare intervention child
endangerment 
risk assessment to assist in the development and 
implementation of
the safety-based child welfare intervention 
system child endangerment risk assessment protocol, related 
training, method for
demonstration of proficiency in 
application of the safety-based child welfare intervention 
system protocol, and evaluation of
the reliability and 
validity of the safety-based child welfare intervention system 
protocol.

    (f) The Department shall provide each parent or guardian 
and responsible adult caregiver participating in a safety plan 
a copy of the written safety plan as signed by each parent or 
guardian and responsible adult caregiver and by a 
representative of the Department. The Department shall also 
provide each parent or guardian and responsible adult 
caregiver safety plan information on their rights and 
responsibilities that shall include, but need not be limited 
to, information on how to obtain medical care, emergency phone 
numbers, and information on how to notify schools or day care 
providers as appropriate. The Department's representative 
shall ensure that the safety plan is reviewed and approved by 
the child protection supervisor. 
(Source: P.A. 98-830, eff. 1-1-15.)

 
    Section 10. The Advisory Commission on Reducing the 
Disproportionate Representation of African-American Children 
in Foster Care Act is amended by changing Section 10 as 
follows:
 
    (20 ILCS 4104/10)

    Sec. 10. Advisory Commission on Reducing the 
Disproportionate Representation of African-American Children 
in Foster Care. 
    (a) The Advisory Commission on Reducing the 
Disproportionate Representation of African-American Children 
in Foster Care is created and shall have the following 
appointed members:
        (1) One member appointed by the Governor or his of her 
    designee.
        (2) One member appointed by the Speaker of the House 
    of Representatives or his or her designee.
        (3) One member appointed by the Minority Leader of the 
    House of Representatives or his or her designee.
        (4) One member appointed by the President of the 
    Senate or his or her designee.
        (5) One member appointed by the Minority Leader of the 
    Senate or his or her designee.
        (6) The Department on Aging, the Department of 
    Children and Family Services, the Department of Human 
    Services, the Department of Juvenile Justice, the 
    Department of Commerce and Economic Opportunity, the 
    Department of Healthcare and Family Services, the 
    Department of Public Health, the State Board of Education, 
    the Board of Higher Education, the Illinois Community 
    College Board, the Department of Human Rights, the Capital 
    Development Board, the Department of Corrections, and the 
    Department of Labor  shall each appoint a liaison to serve 
    ex officio on the Commission.
        (7) One member from the Task Force on Strengthening 
    Child Welfare Workforce for Children and Families.
        (8) One member from the Safety-Based Child Welfare 
    Intervention Child Endangerment Risk Assessment Protocol 
    Advisory Committee.
        (9) Two members representing nonprofit organizations 
    that advocate for African-American children or youth to be 
    appointed by the Governor or his or her designee.
    (b) The Governor or his or her designee shall appoint the 
chairperson or chairpersons.
    (c) Each member appointed to the Commission shall have a 
working knowledge of Illinois' child welfare system. The 
members shall reflect regional representation to ensure that 
the needs of African-American families and children throughout 
the State of Illinois are met.
    (d)  Members shall be appointed within 60 days after
the 
effective date of this Act. The Advisory Commission shall hold 
its
initial meetings within 60 days after at least 50% of the

members have been appointed. 
    (e)  Vacancies on the Advisory Commission shall be filled 
in the same manner as initial appointments. Appointments to 
fill vacancies occurring before the expiration of a term shall 
be for the remainder of the unexpired term. Members shall 
serve without compensation but may be reimbursed for actual 
necessary expenses incurred in the performance of their 
duties.
    (f) The Department of Children and Family Services shall 
provide administrative support to the Advisory Commission.

(Source: P.A. 102-470, eff. 8-20-21.)
 
    Section 15. The Abused and Neglected Child Reporting Act 
is amended  by changing Sections 7.01 and 7.4 as follows:
 
    (325 ILCS 5/7.01)
    Sec. 7.01. Reports made by mandated reporters that require 
a child welfare services referral Safety assessments for 
reports made by mandated reporters.
    (a) When a report is made by a mandated reporter  to the 
statewide toll-free telephone number established under Section 
7.6 of this Act and there is a prior indicated report of abuse 
or neglect, or there is a prior open service case involving any 
member of the household, the Department must, at a minimum, 
accept the report as a child welfare services referral. If the 
family refuses to cooperate or refuses access to the home or 
children, then a child protective services investigation shall 
be initiated if the facts otherwise meet the criteria to 
accept a report.
    As used in this Section, "child welfare services referral" 
means an assessment of the family for service needs and 
linkage to available local community resources for the purpose 
of preventing  or remedying or assisting in the solution of 
problems which may result in the neglect, abuse, exploitation, 
or delinquency of children, and as further defined in 
Department rules and procedures.
    As used in this Section, "prior open service case" means a 
case in which the Department has provided services to the 
family either directly or through a purchase of service 
agency. 
    (b) One year after the effective date of this amendatory 
Act of the 101st General Assembly, the Auditor General shall 
commence a performance audit of the Department of Children and 
Family Services to determine whether the Department is meeting 
the requirements of this Section. Within 2 years after the 
audit's release, the Auditor General shall commence a 
follow-up performance audit to determine whether the 
Department has implemented the recommendations contained in 
the initial performance audit.   Upon completion of each audit, 
the Auditor General shall report its findings to the General 
Assembly.  The Auditor General's reports shall include any 
issues or deficiencies and recommendations.  The audits 
required by this Section shall be in accordance with and 
subject to the Illinois State Auditing Act. 

(Source: P.A. 101-237, eff. 1-1-20.)
 


    (325 ILCS 5/7.4)  (from Ch. 23, par. 2057.4)



    Sec. 7.4. (a) The Department shall be capable of receiving 
reports of
suspected child abuse or neglect 24 hours a day, 7 
days a week.  Whenever
the Department receives a report 
alleging that a child is a
truant as defined in Section 26-2a 
of the School Code, as now or hereafter
amended, the 
Department shall notify the superintendent of the school

district in which the child resides and the appropriate 
superintendent of
the educational service region. The 
notification to the appropriate
officials by the Department 
shall not be considered an allegation of abuse
or neglect 
under this Act.

    (a-5) The Department of Children and Family Services may 
implement a "differential response program" in accordance with 
criteria, standards, and procedures prescribed by rule. The 
program may provide that, upon receiving a report, the 
Department shall determine whether to conduct a family 
assessment or an investigation as appropriate to prevent or 
provide a remedy for child abuse or neglect.
    For purposes of this subsection (a-5), "family assessment" 
means a comprehensive assessment of child safety, risk of 
subsequent child maltreatment, and family strengths and needs 
that is applied to a child maltreatment report that does not 
allege substantial child endangerment. "Family assessment" 
does not include a determination as to whether child 
maltreatment occurred but does determine the need for services 
to address the safety of family members and the risk of 
subsequent maltreatment.
    For purposes of this subsection (a-5), "investigation" 
means fact-gathering related to the current safety of a child 
and the risk of subsequent abuse or neglect that determines 
whether a report of suspected child abuse or neglect should be 
indicated or unfounded and whether child protective services 
are needed.
    Under the "differential response program" implemented 
under this subsection (a-5), the Department:
        (1) Shall conduct an investigation on reports 
    involving substantial child abuse or neglect.
        (2) Shall begin an immediate investigation if, at any 
    time when it is using a family assessment response, it 
    determines that there is reason to believe that 
    substantial child abuse or neglect or a serious threat to 
    the child's safety exists.
        (3) May conduct a family assessment for reports that 
    do not allege substantial child endangerment. In 
    determining that a family assessment is appropriate, the 
    Department may consider issues, including, but not limited 
    to, child safety, parental cooperation, and the need for 
    an immediate response.
        (4) Shall promulgate criteria, standards, and 
    procedures that shall be applied in making this 
    determination, taking into consideration the Safety-Based 
    Child Welfare Intervention System Child Endangerment Risk 
    Assessment Protocol of the Department.
        (5) May conduct a family assessment on a report that 
    was initially screened and assigned for an investigation.
    In determining that a complete investigation is not 
required, the Department must document the reason for 
terminating the investigation and notify the local law 
enforcement agency or the Illinois State Police if the local 
law enforcement agency or Illinois State Police is conducting 
a joint investigation.
    Once it is determined that a "family assessment" will be 
implemented, the case shall not be reported to the central 
register of abuse and neglect reports.
    During a family assessment, the Department shall collect 
any available and relevant information to determine child 
safety, risk of subsequent abuse or neglect, and family 
strengths.
    Information collected includes, but is not limited to, 
when relevant: information with regard to the person reporting 
the alleged abuse or neglect, including the nature of the 
reporter's relationship to the child and to the alleged 
offender, and the basis of the reporter's knowledge for the 
report; the child allegedly being abused or neglected; the 
alleged offender; the child's caretaker; and other collateral 
sources having relevant information related to the alleged 
abuse or neglect. Information relevant to the assessment must 
be asked for, and may include:
        (A) The child's sex and age, prior reports of abuse or 
    neglect, information relating to developmental 
    functioning, credibility of the child's statement, and 
    whether the information provided under this paragraph (A) 
    is consistent with other information collected during the 
    course of the assessment or investigation.
        (B) The alleged offender's age, a record check for 
    prior reports of abuse or neglect, and criminal charges 
    and convictions. The alleged offender may submit 
    supporting documentation relevant to the assessment.
        (C) Collateral source information regarding the 
    alleged abuse or neglect and care of the child. Collateral 
    information includes, when relevant: (i) a medical 
    examination of the child; (ii) prior medical records 
    relating to the alleged maltreatment or care of the child 
    maintained by any facility, clinic, or health care 
    professional, and an interview with the treating 
    professionals; and (iii) interviews with the child's 
    caretakers, including the child's parent, guardian, foster 
    parent, child care provider, teachers, counselors, family 
    members, relatives, and other persons who may have 
    knowledge regarding the alleged maltreatment and the care 
    of the child.
        (D) Information on the existence of domestic abuse and 
    violence in the home of the child, and substance abuse.
    Nothing in this subsection (a-5) precludes the Department 
from collecting other relevant information necessary to 
conduct the assessment or investigation. Nothing in this 
subsection (a-5) shall be construed to allow the name or 
identity of a reporter to be disclosed in violation of the 
protections afforded under Section 7.19 of this Act.
    After conducting the family assessment, the Department 
shall determine whether services are needed to address the 
safety of the child and other family members and the risk of 
subsequent abuse or neglect.
    Upon completion of the family assessment, if the 
Department concludes that no services shall be offered, then 
the case shall be closed. If the Department concludes that 
services shall be offered, the Department shall develop a 
family preservation plan and offer or refer services to the 
family.
    At any time during a family assessment, if the Department 
believes there is any reason to stop the assessment and 
conduct an investigation based on the information discovered, 
the Department shall do so.
    The procedures available to the Department in conducting 
investigations under this Act shall be followed as appropriate 
during a family assessment.
    If the Department implements a differential response 
program authorized under this subsection (a-5), the Department 
shall arrange for an independent evaluation of the program for 
at least the first 3 years of implementation to determine 
whether it is meeting the goals in accordance with Section 2 of 
this Act. 
    The Department may adopt administrative rules necessary 
for the execution of this Section, in accordance with Section 
4 of the Children and Family Services Act.
    The Department shall submit a report to the General 
Assembly by January 15, 2018 on the implementation progress 
and recommendations for additional needed legislative changes. 

    (b)(1) The following procedures shall be followed in the 
investigation
of all reports of suspected abuse or neglect of 
a child, except as provided
in subsection (c) of this Section.


    (2) If, during a family assessment authorized by 
subsection (a-5) or an investigation, it appears that the 
immediate safety or well-being of a child is
endangered, that 
the family may flee or the child disappear, or that the
facts 
otherwise so warrant, the Child Protective Service Unit shall

commence an investigation immediately, regardless of the time 
of day or
night.  All other investigations shall be commenced 
within 24
hours of receipt of the report. Upon receipt of a 
report, the Child
Protective Service Unit shall conduct a 
family assessment authorized by subsection (a-5) or begin an 
initial investigation and make an initial
determination 
whether the report is a good faith indication of alleged
child 
abuse or neglect.


    (3) Based on an initial investigation, if the Unit 
determines the report is a good faith
indication of alleged 
child abuse or neglect, then a formal investigation
shall 
commence and, pursuant to Section 7.12 of this Act, may or may 
not
result in an indicated report.  The formal investigation 
shall include:
direct contact with the subject or subjects of 
the report as soon as
possible after the report is received; an

evaluation of the environment of the child named in the report 
and any other
children in the same environment; a 
determination of the risk to such
children if they continue to 
remain in the existing environments, as well
as a 
determination of the nature, extent and cause of any condition

enumerated in such report; the name, age and condition of 
other children in
the environment; and an evaluation as to 
whether there would be an
immediate and urgent necessity to 
remove the child from the environment if
appropriate family 
preservation services were provided.  After seeing to
the 
safety of the child or children, the Department shall

forthwith notify the subjects of the report in writing, of the 
existence
of the report and their rights existing under this 
Act in regard to amendment
or expungement. To fulfill the 
requirements of this Section, the Child
Protective Service 
Unit shall have the capability of providing or arranging
for 
comprehensive emergency services to children and families at 
all times
of the day or night.


    (4) If (i) at the conclusion of the Unit's initial 
investigation of a
report, the Unit determines the report to 
be a good faith indication of
alleged child abuse or neglect 
that warrants a formal investigation by
the Unit, the 
Department, any law enforcement agency or any other

responsible agency and (ii) the person who is alleged to have 
caused the
abuse or neglect is employed or otherwise engaged 
in an activity resulting
in frequent contact with children and 
the alleged abuse or neglect are in
the course of such 
employment or activity, then the Department shall,
except in 
investigations where the Director determines that such

notification would be detrimental to the Department's 
investigation, inform
the appropriate supervisor or 
administrator of that employment or activity
that the Unit has 
commenced a formal investigation pursuant to this Act,
which 
may or may not result in an indicated report. The Department 
shall also
notify the person being investigated, unless the 
Director determines that
such notification would be 
detrimental to the Department's investigation.

    (c) In an investigation of a report of suspected abuse  or 
neglect of
a child by a school employee at a school or on 
school grounds, the
Department shall make reasonable efforts 
to follow the following procedures:

        (1) Investigations involving teachers shall not, to 
    the extent possible,
be conducted when the teacher is 
    scheduled to conduct classes.
Investigations involving 
    other school employees shall be conducted so as to

    minimize disruption of the school day.  The school employee 
    accused of
child abuse or neglect may have his superior, 
    his association or union
representative and his attorney 
    present at any interview or meeting at
which the teacher 
    or administrator is present.  The accused school employee

    shall be informed by a representative of the Department, 
    at any
interview or meeting, of the accused school 
    employee's due process rights
and of the steps in the 
    investigation process.
These due
process rights shall also 
    include the right of the school employee to
present 
    countervailing evidence regarding the accusations. In an 
    investigation in which the alleged perpetrator of abuse or 
    neglect is a school employee, including, but not limited 
    to, a school teacher or administrator, and the 
    recommendation is to determine the report to be  indicated, 
    in addition to other procedures as set forth and defined 
    in Department rules and procedures, the employee's due 
    process rights shall also include: (i) the right to a copy 
    of the investigation summary; (ii) the right to review the 
    specific allegations which gave rise to the investigation; 
    and (iii) the right to an administrator's teleconference 
    which shall be convened to provide the school employee 
    with the opportunity to present documentary evidence or 
    other information that supports his or her position and to 
    provide information before a final finding is entered.

        (2) If a report of neglect or abuse of a child by a 
    teacher or
administrator does not involve allegations of 
    sexual abuse or extreme
physical abuse, the Child 
    Protective Service Unit shall make reasonable
efforts to 
    conduct the initial investigation in coordination with the

    employee's supervisor.

        If the Unit determines that the report is a good faith 
    indication of
potential child abuse or neglect, it shall 
    then commence a formal
investigation under paragraph (3) 
    of subsection (b) of this Section.

        (3) If a report of neglect or abuse of a child by a 
    teacher or
administrator involves an allegation of sexual 
    abuse or extreme physical
abuse, the Child Protective Unit 
    shall commence an investigation under
paragraph (2) of 
    subsection (b) of this Section.

    (c-5) In any instance in which a report is made or caused 
to made by a school district employee involving the conduct of 
a person employed by the school district, at the time the 
report was made, as required under Section 4 of this Act, the 
Child Protective Service Unit shall send a copy of its final 
finding report to the general superintendent of that school 
district.

    (c-10) The Department may recommend that a school district 
remove a school employee who is the subject of an 
investigation from his or her employment position pending the 
outcome of the investigation; however, all employment 
decisions regarding school personnel shall be the sole 
responsibility of the school district or employer. The 
Department may not require a school district to remove a 
school employee from his or her employment position or limit 
the school employee's duties pending the outcome of an 
investigation. 
    (d) If the Department has contact with an employer, or 
with a religious
institution or religious official having 
supervisory or hierarchical authority
over a member of the 
clergy accused of the abuse of a child,
in the course of its

investigation, the Department shall notify the employer or the 
religious
institution or religious official, in writing, when 
a
report is unfounded so that any record of the investigation 
can be expunged
from the employee's or member of the clergy's 
personnel or other
records.  The Department shall also notify

the employee or the member of the clergy, in writing, that 
notification
has been sent to the employer or to the 
appropriate religious institution or
religious official

informing the employer or religious institution or religious 
official that
the
Department's investigation has resulted in

an unfounded report.

    (d-1) Whenever a report alleges that a child was abused or 
neglected while receiving care in a hospital, including a 
freestanding psychiatric hospital licensed by the Department 
of Public Health, the Department shall send a copy of its final 
finding to the Director of Public Health and the Director of 
Healthcare and Family Services. 
    (e) Upon request by the Department, the Illinois
 State 
Police and law enforcement agencies are
authorized to provide 
criminal history record information
as defined in the Illinois 
Uniform Conviction Information Act and information
maintained 
in
the adjudicatory and dispositional record system as defined 
in Section
2605-355 of the Illinois State Police Law to 
properly
designated
employees of the
Department of Children

and Family Services if the Department determines the 
information is
necessary to perform its duties under the 
Abused and
Neglected Child Reporting Act, the Child Care Act 
of 1969, and the Children and
Family Services Act.  The
request 
shall be in the form and manner required
by
the Illinois State 
Police.  Any information obtained by the Department of
Children

and Family Services under this Section is
confidential and may 
not be transmitted outside the Department of Children
and 
Family Services other than to a court of competent 
jurisdiction or unless
otherwise authorized by law.
Any 
employee of the Department of Children and Family Services who 
transmits
confidential information in
violation of this

Section or causes the information to be
transmitted in 
violation of this Section is guilty of a Class A
misdemeanor 
unless the transmittal of
the
information is
authorized by 
this Section or otherwise authorized by law.

    (f)  For purposes of this Section, "child abuse or neglect" 
includes abuse or neglect of an adult resident as defined in 
this Act. 
(Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)




Effective Date:  1/1/2024