Illinois General Assembly - Full Text of HB1284
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Full Text of HB1284  93rd General Assembly

HB1284enr 93rd General Assembly


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 1        AN ACT in relation to children.

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

 4        Section  5.  The Abused and Neglected Child Reporting Act
 5    is amended by changing Section 4 as follows:

 6        (325 ILCS 5/4) (from Ch. 23, par. 2054)
 7        Sec.   4.  Persons   required   to   report;   privileged
 8    communications; transmitting false  report.   Any  physician,
 9    resident,   intern,   hospital,  hospital  administrator  and
10    personnel engaged  in  examination,  care  and  treatment  of
11    persons,  surgeon,  dentist,  dentist  hygienist,  osteopath,
12    chiropractor,   podiatrist,  physician  assistant,  substance
13    abuse treatment personnel,  Christian  Science  practitioner,
14    funeral home director or employee, coroner, medical examiner,
15    emergency  medical  technician, acupuncturist, crisis line or
16    hotline personnel,  school  personnel,  educational  advocate
17    assigned  to  a  child  pursuant  to  the School Code, truant
18    officers,  social  worker,  social  services   administrator,
19    domestic   violence   program  personnel,  registered  nurse,
20    licensed  practical  nurse,  respiratory  care  practitioner,
21    advanced practice nurse, home health aide, director or  staff
22    assistant  of  a  nursery  school or a child day care center,
23    recreational program or facility personnel,  law  enforcement
24    officer,   licensed professional counselor, licensed clinical
25    professional   counselor,   registered    psychologist    and
26    assistants   working   under  the  direct  supervision  of  a
27    psychologist,  psychiatrist,  or  field  personnel   of   the
28    Illinois  Department  of  Public  Aid,  Public  Health, Human
29    Services (acting as successor to  the  Department  of  Mental
30    Health   and   Developmental   Disabilities,   Rehabilitation
31    Services,  or  Public  Aid),  Corrections,  Human  Rights, or
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 1    Children and Family Services, supervisor and administrator of
 2    general  assistance  under  the  Illinois  Public  Aid  Code,
 3    probation officer, or any other foster parent,  homemaker  or
 4    child  care worker having reasonable cause to believe a child
 5    known to them in their professional or official capacity  may
 6    be  an  abused  child  or a neglected child shall immediately
 7    report or cause a report to be made to the Department.
 8        Any member of  the  clergy  having  reasonable  cause  to
 9    believe  that  a  child known to that member of the clergy in
10    his or her professional capacity may be an  abused  child  as
11    defined  in  item  (c) of the definition of "abused child" in
12    Section 3 of this Act shall immediately  report  or  cause  a
13    report to be made to the Department.
14        Whenever such person is required to report under this Act
15    in  his  capacity  as  a  member of the staff of a medical or
16    other public or  private  institution,  school,  facility  or
17    agency,  or  as  a member of the clergy, he shall make report
18    immediately  to  the  Department  in  accordance   with   the
19    provisions  of  this  Act  and  may also notify the person in
20    charge of such institution, school, facility  or  agency,  or
21    church,   synagogue,   temple,  mosque,  or  other  religious
22    institution, or his designated agent  that  such  report  has
23    been made.  Under no circumstances shall any person in charge
24    of  such  institution, school, facility or agency, or church,
25    synagogue, temple, mosque, or other religious institution, or
26    his designated agent to whom such notification has been made,
27    exercise any control, restraint, modification or other change
28    in the report  or  the  forwarding  of  such  report  to  the
29    Department.
30        The  privileged  quality  of  communication  between  any
31    professional  person  required  to  report and his patient or
32    client shall not apply  to  situations  involving  abused  or
33    neglected  children  and  shall  not  constitute  grounds for
34    failure to report as required by this Act.
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 1        A member of the clergy  may  claim  the  privilege  under
 2    Section 8-803 of the Code of Civil Procedure.
 3        In  addition  to  the  above  persons  required to report
 4    suspected cases of abused or neglected  children,  any  other
 5    person  may make a report if such person has reasonable cause
 6    to believe a child may be an  abused  child  or  a  neglected
 7    child.
 8        Any  person  who enters into employment on and after July
 9    1, 1986 and is mandated  by  virtue  of  that  employment  to
10    report  under  this  Act,  shall  sign  a statement on a form
11    prescribed by the Department, to the effect that the employee
12    has knowledge and understanding of the reporting requirements
13    of  this  Act.   The  statement  shall  be  signed  prior  to
14    commencement of the employment.  The signed  statement  shall
15    be   retained   by  the  employer.   The  cost  of  printing,
16    distribution, and filing of the statement shall be  borne  by
17    the employer.
18        The  Department  shall  provide  copies of this Act, upon
19    request, to all employers  employing  persons  who  shall  be
20    required under the provisions of this Section to report under
21    this Act.
22        Any  person who knowingly transmits a false report to the
23    Department commits the offense of  disorderly  conduct  under
24    subsection  (a)(7)  of  Section 26-1 of the "Criminal Code of
25    1961". Any person who violates this  provision  a  second  or
26    subsequent time shall be guilty of a Class 4 felony.
27        Any  person  who  knowingly  and  willfully  violates any
28    provision of this Section other than a second  or  subsequent
29    violation  of transmitting a false report as described in the
30    preceding paragraph, is guilty of a Class A misdemeanor for a
31    first violation  and  a  Class  4  felony  for  a  second  or
32    subsequent violation.
33        A child whose parent, guardian or custodian in good faith
34    selects  and  depends  upon  spiritual  means  through prayer
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 1    alone for the treatment or cure of disease or  remedial  care
 2    may  be  considered neglected or abused, but not for the sole
 3    reason that his parent, guardian  or  custodian  accepts  and
 4    practices such beliefs.
 5        A  child  shall  not  be  considered  neglected or abused
 6    solely  because  the  child  is  not  attending   school   in
 7    accordance  with the requirements of Article 26 of the School
 8    Code, as amended.
 9    (Source: P.A. 91-259,  eff.  1-1-00;  91-516,  eff.  8-13-99;
10    92-16, eff. 6-28-01; 92-801, eff. 8-16-02.)

11        Section  99.  Effective date.  This Act takes effect upon
12    becoming law.