Illinois General Assembly - Full Text of HB3801
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Full Text of HB3801  93rd General Assembly

HB3801 93rd General Assembly


093_HB3801

 
                                     LRB093 11632 DRJ 15080 b

 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,   registered  psychologist  and  assistants  working
25    under the direct supervision of a psychologist, psychiatrist,
26    or field personnel of the Illinois Department of Public  Aid,
27    Public  Health,  Human  Services  (acting as successor to the
28    Department of Mental Health and  Developmental  Disabilities,
29    Rehabilitation  Services,  or Public Aid), Corrections, Human
30    Rights, or  Children  and  Family  Services,  supervisor  and
31    administrator of general assistance under the Illinois Public
 
                            -2-      LRB093 11632 DRJ 15080 b
 1    Aid  Code,  probation  officer,  or  any other foster parent,
 2    homemaker or child care worker  having  reasonable  cause  to
 3    believe  a  child  known  to  them  in  their professional or
 4    official capacity may be an abused child or a neglected child
 5    shall immediately report or cause a report to be made to  the
 6    Department.
 7        Any  member  of  the  clergy  having  reasonable cause to
 8    believe that a child known to that member of  the  clergy  in
 9    his  or  her  professional capacity may be an abused child as
10    defined in item (c) of the definition of  "abused  child"  in
11    Section  3  of  this  Act shall immediately report or cause a
12    report to be made to the Department.
13        Whenever such person is required to report under this Act
14    in his capacity as a member of the  staff  of  a  medical  or
15    other  public  or  private  institution,  school, facility or
16    agency, or as a member of the clergy, he  shall  make  report
17    immediately   to   the  Department  in  accordance  with  the
18    provisions of this Act and may  also  notify  the  person  in
19    charge  of  such  institution, school, facility or agency, or
20    church,  synagogue,  temple,  mosque,  or   other   religious
21    institution,  or  his  designated  agent that such report has
22    been made.  Under no circumstances shall any person in charge
23    of such institution, school, facility or agency,  or  church,
24    synagogue, temple, mosque, or other religious institution, or
25    his designated agent to whom such notification has been made,
26    exercise any control, restraint, modification or other change
27    in  the  report  or  the  forwarding  of  such  report to the
28    Department.
29        The  privileged  quality  of  communication  between  any
30    professional person required to report  and  his  patient  or
31    client  shall  not  apply  to  situations involving abused or
32    neglected children  and  shall  not  constitute  grounds  for
33    failure to report as required by this Act.
34        A  member  of  the  clergy  may claim the privilege under
 
                            -3-      LRB093 11632 DRJ 15080 b
 1    Section 8-803 of the Code of Civil Procedure.
 2        In addition to  the  above  persons  required  to  report
 3    suspected  cases  of  abused or neglected children, any other
 4    person may make a report if such person has reasonable  cause
 5    to  believe  a  child  may  be an abused child or a neglected
 6    child. To ensure that the investigation  of  a  report  of  a
 7    suspected  case  of  an  abused or neglected child made under
 8    this paragraph is complete and accurate, and to  prevent  the
 9    filing  of  false  reports,  the Department shall request and
10    obtain information that  identifies  the  person  making  the
11    report.  This  identifying information shall be confidential,
12    unless the Department determines that the report is false and
13    refers the person filing the report to the  State's  Attorney
14    for  prosecution  for  filing  a false report, as provided in
15    this Section.
16        Any person who enters into employment on and  after  July
17    1,  1986  and  is  mandated  by  virtue of that employment to
18    report under this Act, shall  sign  a  statement  on  a  form
19    prescribed by the Department, to the effect that the employee
20    has knowledge and understanding of the reporting requirements
21    of  this  Act.   The  statement  shall  be  signed  prior  to
22    commencement  of  the employment.  The signed statement shall
23    be  retained  by  the  employer.   The  cost   of   printing,
24    distribution,  and  filing of the statement shall be borne by
25    the employer.
26        The Department shall provide copies  of  this  Act,  upon
27    request,  to  all  employers  employing  persons who shall be
28    required under the provisions of this Section to report under
29    this Act.
30        Any person who knowingly transmits a false report to  the
31    Department  commits  the  offense of disorderly conduct under
32    subsection (a)(7) of Section 26-1 of the  "Criminal  Code  of
33    1961".  Any  person  who  violates this provision a second or
34    subsequent time shall be guilty of a Class 4 felony.
 
                            -4-      LRB093 11632 DRJ 15080 b
 1        Any person  who  knowingly  and  willfully  violates  any
 2    provision  of  this Section other than a second or subsequent
 3    violation of transmitting a false report as described in  the
 4    preceding paragraph, is guilty of a Class A misdemeanor for a
 5    first  violation  and  a  Class  4  felony  for  a  second or
 6    subsequent violation.
 7        A child whose parent, guardian or custodian in good faith
 8    selects and  depends  upon  spiritual  means  through  prayer
 9    alone  for  the treatment or cure of disease or remedial care
10    may be considered neglected or abused, but not for  the  sole
11    reason  that  his  parent,  guardian or custodian accepts and
12    practices such beliefs.
13        A child shall  not  be  considered  neglected  or  abused
14    solely   because   the  child  is  not  attending  school  in
15    accordance with the requirements of Article 26 of the  School
16    Code, as amended.
17    (Source:  P.A.  91-259,  eff.  1-1-00;  91-516, eff. 8-13-99;
18    92-16, eff. 6-28-01; 92-801, eff. 8-16-02.)