HB5276 101ST GENERAL ASSEMBLY

LRB101 18267 KTG 67712 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5276

Introduced , by Rep. Jim Durkin

SYNOPSIS AS INTRODUCED:

325 ILCS 5/9

from Ch. 23, par. 2059

Amends the Abused and Neglected Child Reporting Act. Provides that any child advocacy center, accredited by the National Children's Alliance, or any employee thereof acting in good faith and exercising due care shall have immunity from any civil liability that may be incurred or imposed through participation in any investigation process required under the Act or any judicial proceeding resulting from the investigation process.

A BILL FOR

AN ACT concerning children.

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

Section 5. The Abused and Neglected Child Reporting Act is amended by changing Section 9 as follows:

(325 ILCS 5/9) (from Ch. 23, par. 2059)

Sec. 9.

(a) Any person, institution or agency, under this Act, participating in good faith in the making of a report or referral, or in the investigation of such a report or referral or in the taking of photographs and x-rays or in the retaining a child in temporary protective custody or in making a disclosure of information concerning reports of child abuse and neglect in compliance with Sections 4.2 and 11.1 of this Act or Section 4 of this Act, as it relates to disclosure by school personnel and except in cases of wilful or wanton misconduct, shall have immunity from any liability, civil, criminal or that otherwise might result by reason of such actions. For the purpose of any proceedings, civil or criminal, the good faith of any persons required to report or refer, or permitted to report, cases of suspected child abuse or neglect or permitted to refer individuals under this Act or required to disclose information concerning reports of child abuse and neglect in compliance with Sections 4.2 and 11.1 of this Act, shall be presumed.

(b) Any child advocacy center, accredited by the National Children's Alliance, or any employee thereof acting in good faith and exercising due care shall have immunity from any civil liability that may be incurred or imposed through participation in any investigation process required under this Act or any judicial proceeding resulting from the investigation process.

(c) For purposes of this Section "child abuse and neglect" includes abuse or neglect of an adult resident as defined in this Act.

(Source: P.A. 95-908, eff. 8-26-08; 96-1446, eff. 8-20-10.)