Illinois General Assembly - Full Text of HB3925
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Full Text of HB3925  93rd General Assembly

HB3925 93rd General Assembly


093_HB3925

                                     LRB093 13638 DRJ 19013 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 7.4 as follows:

 6        (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
 7        Sec.   7.4.  (a)  The  Department  shall  be  capable  of
 8    receiving reports of suspected  child  abuse  or  neglect  24
 9    hours a day, 7 days a week.  Whenever the Department receives
10    a  report  alleging  that  a  child is a truant as defined in
11    Section 26-2a  of  The  School  Code,  as  now  or  hereafter
12    amended,  the  Department  shall notify the superintendent of
13    the school district  in  which  the  child  resides  and  the
14    appropriate superintendent of the educational service region.
15    The   notification   to  the  appropriate  officials  by  the
16    Department shall not be considered an allegation of abuse  or
17    neglect under this Act.
18        (b) (1)  The  following  procedures  shall be followed in
19        the investigation of all reports of  suspected  abuse  or
20        neglect  of a child, except as provided in subsection (c)
21        of this Section.
22             (2)  If it appears  that  the  immediate  safety  or
23        well-being  of a child is endangered, that the family may
24        flee or the child disappear, or that the facts  otherwise
25        so  warrant,  the  Child  Protective  Service  Unit shall
26        commence an investigation immediately, regardless of  the
27        time  of day or night.  In all other cases, investigation
28        shall be commenced within 24  hours  of  receipt  of  the
29        report.  Upon  receipt  of a report, the Child Protective
30        Service Unit shall make an initial investigation  and  an
31        initial  determination whether the report is a good faith
 
                            -2-      LRB093 13638 DRJ 19013 b
 1        indication of alleged child abuse or neglect.
 2             (3)  If the Unit determines the  report  is  a  good
 3        faith  indication of alleged child abuse or neglect, then
 4        a formal investigation shall commence  and,  pursuant  to
 5        Section  7.12  of  this  Act, may or may not result in an
 6        indicated  report.   The   formal   investigation   shall
 7        include:  direct  contact with the subject or subjects of
 8        the report as  soon  as  possible  after  the  report  is
 9        received;  an  evaluation of the environment of the child
10        named in the report and any other children  in  the  same
11        environment; a determination of the risk to such children
12        if  they continue to remain in the existing environments,
13        as well as a determination  of  the  nature,  extent  and
14        cause  of  any  condition  enumerated in such report; the
15        name,  age  and  condition  of  other  children  in   the
16        environment;  and an evaluation as to whether there would
17        be an immediate and urgent necessity to remove the  child
18        from  the  environment if appropriate family preservation
19        services were provided.  After seeing to  the  safety  of
20        the  child  or  children,  the Department shall forthwith
21        notify the subjects of the  report  in  writing,  of  the
22        existence  of  the report and their rights existing under
23        this Act  in  regard  to  amendment  or  expungement.  To
24        fulfill  the  requirements  of  this  Section,  the Child
25        Protective Service Unit  shall  have  the  capability  of
26        providing   or   arranging  for  comprehensive  emergency
27        services to children and families at all times of the day
28        or night.
29             (4)  If (i) at the conclusion of the Unit's  initial
30        investigation of a report, the Unit determines the report
31        to  be  a good faith indication of alleged child abuse or
32        neglect that warrants a formal investigation by the Unit,
33        the Department, any law enforcement agency or  any  other
34        responsible  agency and (ii) the person who is alleged to
 
                            -3-      LRB093 13638 DRJ 19013 b
 1        have caused the abuse or neglect is employed or otherwise
 2        engaged in an activity resulting in frequent contact with
 3        children and the alleged abuse  or  neglect  are  in  the
 4        course   of   such   employment  or  activity,  then  the
 5        Department shall,  except  in  investigations  where  the
 6        Director  determines  that  such  notification  would  be
 7        detrimental to the Department's investigation, inform the
 8        appropriate   supervisor   or   administrator   of   that
 9        employment  or  activity  that  the  Unit has commenced a
10        formal investigation pursuant to this Act, which  may  or
11        may  not  result  in  an indicated report. The Department
12        shall also notify the person being  investigated,  unless
13        the  Director determines that  such notification would be
14        detrimental to the Department's investigation.
15        (c)  In an investigation of a report of  suspected  abuse
16    or  neglect of a child by a school employee at a school or on
17    school grounds, the Department shall make reasonable  efforts
18    to follow the following procedures:
19             (1)  Investigations involving teachers shall not, to
20        the  extent  possible,  be  conducted when the teacher is
21        scheduled to conduct classes.   Investigations  involving
22        other  school  employees  shall  be  conducted  so  as to
23        minimize  disruption  of  the  school  day.   The  school
24        employee accused of child abuse or neglect may  have  his
25        superior, his association or union representative and his
26        attorney present at any interview or meeting at which the
27        teacher  or administrator is present.  The accused school
28        employee shall be informed by  a  representative  of  the
29        Department,  at  any interview or meeting, of the accused
30        school employee's due process rights and of the steps  in
31        the investigation process. The information shall include,
32        but need not necessarily be limited to the right, subject
33        to the approval of the Department, of the school employee
34        to  confront  the  accuser, if the accuser is 14 years of
 
                            -4-      LRB093 13638 DRJ 19013 b
 1        age or  older,  or  the  right  to  review  the  specific
 2        allegations which gave rise to the investigation, and the
 3        right to review all materials and evidence that have been
 4        submitted to the Department in support of the allegation.
 5        These  due process rights shall also include the right of
 6        the school employee to  present  countervailing  evidence
 7        regarding the accusations.
 8             (2)  If a report of neglect or abuse of a child by a
 9        teacher  or administrator does not involve allegations of
10        sexual  abuse  or  extreme  physical  abuse,  the   Child
11        Protective  Service Unit shall make reasonable efforts to
12        conduct the initial investigation  in  coordination  with
13        the employee's supervisor.
14             If  the  Unit  determines  that the report is a good
15        faith indication of potential child abuse or neglect,  it
16        shall   then   commence   a  formal  investigation  under
17        paragraph (3) of subsection (b) of this Section.
18             (3)  If a report of neglect or abuse of a child by a
19        teacher or administrator involves an allegation of sexual
20        abuse or extreme physical  abuse,  the  Child  Protective
21        Unit  shall commence an investigation under paragraph (2)
22        of subsection (b) of this Section.
23        (d)  If the Department has contact with an  employer,  or
24    with  a  religious  institution  or religious official having
25    supervisory or hierarchical authority over a  member  of  the
26    clergy  accused of the abuse of a child, in the course of its
27    investigation, the Department shall notify  the  employer  or
28    the  religious institution or religious official, in writing,
29    when a  report  is  unfounded  so  that  any  record  of  the
30    investigation  can  be expunged from the employee's or member
31    of the clergy's personnel or other records.   The  Department
32    shall  also  notify the employee or the member of the clergy,
33    in writing, that notification has been sent to  the  employer
34    or  to  the  appropriate  religious  institution or religious
 
                            -5-      LRB093 13638 DRJ 19013 b
 1    official informing the employer or religious  institution  or
 2    religious  official  that  the Department's investigation has
 3    resulted in an unfounded report.
 4        (e)  Upon request by the Department,  the  Department  of
 5    State  Police  and law enforcement agencies are authorized to
 6    provide criminal history record information   as  defined  in
 7    the   Illinois   Uniform   Conviction   Information  Act  and
 8    information maintained in the adjudicatory and  dispositional
 9    record   system   as  defined  in  Section  2605-355  of  the
10    Department of State Police Law  (20  ILCS  2605/2605-355)  to
11    properly  designated  employees of the Department of Children
12    and  Family  Services  if  the  Department   determines   the
13    information  is  necessary  to  perform  its duties under the
14    Abused and Neglected Child Reporting Act, the Child Care  Act
15    of  1969,  and  the  Children  and  Family Services Act.  The
16    request shall be in the  form  and  manner  required  by  the
17    Department  of State Police.  Any information obtained by the
18    Department of Children and Family Services under this Section
19    is confidential  and  may  not  be  transmitted  outside  the
20    Department  of  Children  and Family Services other than to a
21    court  of  competent   jurisdiction   or   unless   otherwise
22    authorized by law. Any employee of the Department of Children
23    and Family Services who transmits confidential information in
24    violation  of  this  Section  or causes the information to be
25    transmitted in violation of this Section is guilty of a Class
26    A misdemeanor unless the transmittal of  the  information  is
27    authorized by this Section or otherwise authorized by law.
28        (f)  If  an employee of the Department involved in making
29    an initial or formal investigation of a report  of  suspected
30    abuse  or  neglect  of  a  child  intentionally makes a false
31    finding or intentionally misrepresents a fact  in  connection
32    with   the   investigation,   and   that   false  finding  or
33    misrepresentation is  material  in  determining  whether  the
34    report is "indicated" or "unfounded", the person is guilty of
 
                            -6-      LRB093 13638 DRJ 19013 b
 1    a Class A misdemeanor.
 2    (Source: P.A. 91-239, eff. 1-1-00; 92-801, eff. 8-16-02.)