Full Text of SB1379 95th General Assembly
SB1379eng 95TH GENERAL ASSEMBLY
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SB1379 Engrossed |
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LRB095 08575 DRJ 28758 b |
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| AN ACT concerning children.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Abused and Neglected Child Reporting Act is | 5 |
| amended by changing Section 4 as follows:
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| (325 ILCS 5/4) (from Ch. 23, par. 2054)
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| 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 abuse | 13 |
| treatment personnel, funeral home
director or employee, | 14 |
| coroner, medical examiner, emergency medical technician,
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| acupuncturist, crisis line or hotline personnel, school | 16 |
| personnel (including administrators and both certified and | 17 |
| non-certified school employees), educational
advocate assigned | 18 |
| to a child pursuant to the School Code, truant officers,
social | 19 |
| worker, social services administrator,
domestic violence | 20 |
| program personnel, registered nurse, licensed
practical nurse, | 21 |
| genetic counselor,
respiratory care practitioner, advanced | 22 |
| practice nurse, home
health aide, director or staff
assistant | 23 |
| of a nursery school or a child day care center, recreational |
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LRB095 08575 DRJ 28758 b |
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| program
or facility personnel, law enforcement officer, | 2 |
| licensed professional
counselor, licensed clinical | 3 |
| professional counselor, registered psychologist
and
assistants | 4 |
| working under the direct supervision of a psychologist,
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| psychiatrist, or field personnel of the Department of | 6 |
| Healthcare and Family Services, Juvenile Justice,
Public | 7 |
| Health, Human Services (acting as successor to the Department | 8 |
| of Mental
Health and Developmental Disabilities, | 9 |
| Rehabilitation Services, or Public Aid),
Corrections, Human | 10 |
| Rights, or Children and Family Services, supervisor and
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| administrator of general assistance under the Illinois Public | 12 |
| Aid Code,
probation officer, or any other foster parent, | 13 |
| homemaker or child care worker
having reasonable cause to | 14 |
| believe a child known to them in their professional
or official | 15 |
| capacity may be an abused child or a neglected child shall
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| immediately report or cause a report to be made to the | 17 |
| Department.
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| Any member of the clergy having reasonable cause to believe | 19 |
| that a child
known to that member of the clergy in his or her | 20 |
| professional capacity may be
an abused child as defined in item | 21 |
| (c) of the definition of "abused child" in
Section 3 of this | 22 |
| Act shall immediately report or cause a report to be made to
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| the Department.
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| If an allegation is raised to a school board member during | 25 |
| the course of an open or closed school board meeting that a | 26 |
| child who is enrolled in the school district of which he or she |
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| is a board member is an abused child as defined in Section 3 of | 2 |
| this Act, the member shall direct or cause the school board to | 3 |
| direct the superintendent of the school district or other | 4 |
| equivalent school administrator to comply with the | 5 |
| requirements of this Act concerning the reporting of child | 6 |
| abuse. For purposes of this paragraph, a school board member is | 7 |
| granted the authority in his or her individual capacity to | 8 |
| direct the superintendent of the school district or other | 9 |
| equivalent school administrator to comply with the | 10 |
| requirements of this Act concerning the reporting of child | 11 |
| abuse.
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| Whenever
such person is required to report under this Act | 13 |
| in his capacity as a member of
the staff of a medical or other | 14 |
| public or private institution, school, facility
or agency, or | 15 |
| as a member of the clergy, he shall
make report immediately to | 16 |
| the Department in accordance
with the provisions of this Act | 17 |
| and may also notify the person in charge of
such institution, | 18 |
| school, facility or agency, or church, synagogue, temple,
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| mosque, or other religious institution, or his
designated agent | 20 |
| that such
report has been made. Under no circumstances shall | 21 |
| any person in charge of
such institution, school, facility or | 22 |
| agency, or church, synagogue, temple,
mosque, or other | 23 |
| religious institution, or his
designated agent to whom
such | 24 |
| notification has been made, exercise any control, restraint, | 25 |
| modification
or other change in the report or the forwarding of | 26 |
| such report to the
Department.
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| The privileged quality of communication between any | 2 |
| professional
person required to report
and his patient or | 3 |
| client shall not apply to situations involving abused or
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| neglected children and shall not constitute grounds for failure | 5 |
| to report
as required by this Act.
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| A member of the clergy may claim the privilege under | 7 |
| Section 8-803 of the
Code of Civil Procedure.
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| In addition to the above persons required to
report | 9 |
| suspected cases of abused or neglected children, any other | 10 |
| person
may make a report if such person has reasonable cause to | 11 |
| believe a child
may be an abused child or a neglected child.
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| Any person who enters into
employment on and after July 1, | 13 |
| 1986 and is mandated by virtue of that
employment to report | 14 |
| under this Act, shall sign a statement on a form
prescribed by | 15 |
| the Department, to the effect that the employee has knowledge
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| and understanding of the reporting requirements of this Act. | 17 |
| The statement
shall be signed prior to commencement of the | 18 |
| employment. The signed
statement shall be retained by the | 19 |
| employer. The cost of printing,
distribution, and filing of the | 20 |
| statement shall be borne by the employer.
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| The Department shall provide copies of this Act, upon | 22 |
| request, to all
employers employing persons who shall be | 23 |
| required under the provisions of
this Section to report under | 24 |
| this Act.
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| Any person who knowingly transmits a false report to the | 26 |
| Department
commits the offense of disorderly conduct under |
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| subsection (a)(7) of
Section 26-1 of the "Criminal Code of | 2 |
| 1961". Any person who violates this
provision a second or | 3 |
| subsequent time shall be guilty of a Class 3
felony.
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| Any person who knowingly and willfully violates any | 5 |
| provision of this
Section other than a second or subsequent | 6 |
| violation of transmitting a
false report as described in the
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| preceding paragraph, is guilty of a Class A misdemeanor for
a | 8 |
| first violation and a Class 4 felony for a
second or subsequent | 9 |
| violation; except that if the person acted as part
of a plan or | 10 |
| scheme having as its object the
prevention of discovery of an | 11 |
| abused or neglected child by lawful authorities
for the
purpose | 12 |
| of protecting or insulating any person or entity from arrest or
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| prosecution, the
person is guilty of a Class 4 felony for a | 14 |
| first offense and a Class 3 felony
for a second or
subsequent | 15 |
| offense (regardless of whether the second or subsequent offense
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| involves any
of the same facts or persons as the first or other | 17 |
| prior offense).
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| A child whose parent, guardian or custodian in good faith | 19 |
| selects and depends
upon spiritual means through prayer alone | 20 |
| for the treatment or cure of
disease or remedial care may be | 21 |
| considered neglected or abused, but not for
the sole reason | 22 |
| that his parent, guardian or custodian accepts and
practices | 23 |
| such beliefs.
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| A child shall not be considered neglected or abused solely | 25 |
| because the
child is not attending school in accordance with | 26 |
| the requirements of
Article 26 of the School Code, as amended.
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| (Source: P.A. 93-137, eff. 7-10-03; 93-356, eff. 7-24-03; | 2 |
| 93-431, eff. 8-5-03; 93-1041, eff. 9-29-04; 94-888, eff. | 3 |
| 6-20-06.)
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| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
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