Full Text of HB2093 97th General Assembly
HB2093 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB2093 Introduced 2/22/2011, by Rep. David Reis SYNOPSIS AS INTRODUCED: |
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325 ILCS 5/4 | from Ch. 23, par. 2054 |
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Amends the Abused and Neglected Child Reporting Act. Extends the list of persons required to report child abuse or neglect to include any physician, physician's assistant, registered nurse, licensed practical nurse, medical technician, certified nursing assistant, social worker, licensed professional counselor, office personnel, or volunteer of any office, clinic, or any other physical location that provides abortions, abortion counseling, abortion referrals, contraceptives, contraceptive counseling, sex education, or gynecological care and services.
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| | A BILL FOR |
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| 1 | | AN ACT concerning 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 is | 5 | | 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 abuse | 13 | | treatment personnel, funeral home
director or employee, | 14 | | coroner, medical examiner, emergency medical technician,
| 15 | | 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, member of a school | 19 | | board or the Chicago Board of Education or the governing body | 20 | | of a private school (but only to the extent required in | 21 | | accordance with other provisions of this Section expressly | 22 | | concerning the duty of school board members to report suspected | 23 | | child abuse), truant officers,
social worker, social services |
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| 1 | | administrator,
domestic violence program personnel, registered | 2 | | nurse, licensed
practical nurse, genetic counselor,
| 3 | | respiratory care practitioner, advanced practice nurse, home
| 4 | | health aide, director or staff
assistant of a nursery school or | 5 | | a child day care center, recreational program
or facility | 6 | | personnel, law enforcement officer, licensed professional
| 7 | | counselor, licensed clinical professional counselor, | 8 | | registered psychologist
and
assistants working under the | 9 | | direct supervision of a psychologist,
psychiatrist, or field | 10 | | personnel of the Department of Healthcare and Family Services,
| 11 | | Juvenile Justice, Public Health, Human Services (acting as | 12 | | successor to the Department of Mental
Health and Developmental | 13 | | Disabilities, Rehabilitation Services, or Public Aid),
| 14 | | Corrections, Human Rights, or Children and Family Services, | 15 | | supervisor and
administrator of general assistance under the | 16 | | Illinois Public Aid Code,
probation officer, animal control | 17 | | officer or Illinois Department of Agriculture Bureau of Animal | 18 | | Health and Welfare field investigator, or any other foster | 19 | | parent, homemaker or child care worker
having reasonable cause | 20 | | to believe a child known to them in their professional
or | 21 | | official capacity may be an abused child or a neglected child | 22 | | shall
immediately report or cause a report to be made to the | 23 | | Department.
| 24 | | Any member of the clergy having reasonable cause to believe | 25 | | that a child
known to that member of the clergy in his or her | 26 | | professional capacity may be
an abused child as defined in item |
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| 1 | | (c) of the definition of "abused child" in
Section 3 of this | 2 | | Act shall immediately report or cause a report to be made to
| 3 | | the Department.
| 4 | | Any physician, physician's assistant, registered nurse, | 5 | | licensed practical nurse, medical technician, certified | 6 | | nursing assistant, social worker, licensed professional | 7 | | counselor, office personnel, or volunteer of any office, | 8 | | clinic, or any other physical location that provides abortions, | 9 | | abortion counseling, abortion referrals, contraceptives, | 10 | | contraceptive counseling, sex education, or gynecological care | 11 | | and services having reasonable cause to believe a child known | 12 | | to them in their professional
or official capacity may be an | 13 | | abused child or a neglected child shall
immediately report or | 14 | | cause a report to be made to the Department. | 15 | | If an allegation is raised to a school board member during | 16 | | the course of an open or closed school board meeting that a | 17 | | child who is enrolled in the school district of which he or she | 18 | | is a board member is an abused child as defined in Section 3 of | 19 | | this Act, the member shall direct or cause the school board to | 20 | | direct the superintendent of the school district or other | 21 | | equivalent school administrator to comply with the | 22 | | requirements of this Act concerning the reporting of child | 23 | | abuse. For purposes of this paragraph, a school board member is | 24 | | granted the authority in his or her individual capacity to | 25 | | direct the superintendent of the school district or other | 26 | | equivalent school administrator to comply with the |
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| 1 | | requirements of this Act concerning the reporting of child | 2 | | abuse.
| 3 | | Notwithstanding any other provision of this Act, if an | 4 | | employee of a school district has made a report or caused a | 5 | | report to be made to the Department under this Act involving | 6 | | the conduct of a current or former employee of the school | 7 | | district and a request is made by another school district for | 8 | | the provision of information concerning the job performance or | 9 | | qualifications of the current or former employee because he or | 10 | | she is an applicant for employment with the requesting school | 11 | | district, the general superintendent of the school district to | 12 | | which the request is being made must disclose to the requesting | 13 | | school district the fact that an employee of the school | 14 | | district has made a report involving the conduct of the | 15 | | applicant or caused a report to be made to the Department, as | 16 | | required under this Act. Only the fact that an employee of the | 17 | | school district has made a report involving the conduct of the | 18 | | applicant or caused a report to be made to the Department may | 19 | | be disclosed by the general superintendent of the school | 20 | | district to which the request for information concerning the | 21 | | applicant is made, and this fact may be disclosed only in cases | 22 | | where the employee and the general superintendent have not been | 23 | | informed by the Department that the allegations were unfounded. | 24 | | An employee of a school district who is or has been the subject | 25 | | of a report made pursuant to this Act during his or her | 26 | | employment with the school district must be informed by that |
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| 1 | | school district that if he or she applies for employment with | 2 | | another school district, the general superintendent of the | 3 | | former school district, upon the request of the school district | 4 | | to which the employee applies, shall notify that requesting | 5 | | school district that the employee is or was the subject of such | 6 | | a report.
| 7 | | Whenever
such person is required to report under this Act | 8 | | in his capacity as a member of
the staff of a medical or other | 9 | | public or private institution, school, facility
or agency, or | 10 | | as a member of the clergy, he shall
make report immediately to | 11 | | the Department in accordance
with the provisions of this Act | 12 | | and may also notify the person in charge of
such institution, | 13 | | school, facility or agency, or church, synagogue, temple,
| 14 | | mosque, or other religious institution, or his
designated agent | 15 | | that such
report has been made. Under no circumstances shall | 16 | | any person in charge of
such institution, school, facility or | 17 | | agency, or church, synagogue, temple,
mosque, or other | 18 | | religious institution, or his
designated agent to whom
such | 19 | | notification has been made, exercise any control, restraint, | 20 | | modification
or other change in the report or the forwarding of | 21 | | such report to the
Department.
| 22 | | The privileged quality of communication between any | 23 | | professional
person required to report
and his patient or | 24 | | client shall not apply to situations involving abused or
| 25 | | neglected children and shall not constitute grounds for failure | 26 | | 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 to | 6 | | believe a child
may be an abused child or a neglected child.
| 7 | | Any person who enters into
employment on and after July 1, | 8 | | 1986 and is mandated by virtue of that
employment to report | 9 | | under this Act, shall sign a statement on a form
prescribed by | 10 | | the Department, to the effect that the employee has knowledge
| 11 | | and understanding of the reporting requirements of this Act. | 12 | | The statement
shall be signed prior to commencement of the | 13 | | employment. The signed
statement shall be retained by the | 14 | | employer. The cost of printing,
distribution, and filing of the | 15 | | statement shall be borne by the employer.
| 16 | | The Department shall provide copies of this Act, upon | 17 | | request, to all
employers employing persons who shall be | 18 | | required under the provisions of
this Section to report under | 19 | | this Act.
| 20 | | Any person who knowingly transmits a false report to the | 21 | | Department
commits the offense of disorderly conduct under | 22 | | subsection (a)(7) of
Section 26-1 of the "Criminal Code of | 23 | | 1961". Any person who violates this
provision a second or | 24 | | subsequent time shall be guilty of a Class 3
felony.
| 25 | | Any person who knowingly and willfully violates any | 26 | | provision of this
Section other than a second or subsequent |
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| 1 | | violation of transmitting a
false report as described in the
| 2 | | preceding paragraph, is guilty of a
Class A misdemeanor for
a | 3 | | first violation and a Class
4 felony for a
second or subsequent | 4 | | violation; except that if the person acted as part
of a plan or | 5 | | scheme having as its object the
prevention of discovery of an | 6 | | abused or neglected child by lawful authorities
for the
purpose | 7 | | of protecting or insulating any person or entity from arrest or
| 8 | | prosecution, the
person is guilty of a Class 4 felony for a | 9 | | first offense and a Class 3 felony
for a second or
subsequent | 10 | | offense (regardless of whether the second or subsequent offense
| 11 | | involves any
of the same facts or persons as the first or other | 12 | | prior offense).
| 13 | | A child whose parent, guardian or custodian in good faith | 14 | | selects and depends
upon spiritual means through prayer alone | 15 | | for the treatment or cure of
disease or remedial care may be | 16 | | considered neglected or abused, but not for
the sole reason | 17 | | that his parent, guardian or custodian accepts and
practices | 18 | | such beliefs.
| 19 | | A child shall not be considered neglected or abused solely | 20 | | because the
child is not attending school in accordance with | 21 | | the requirements of
Article 26 of the School Code, as amended.
| 22 | | Nothing in this Act prohibits a mandated reporter who | 23 | | reasonably believes that an animal is being abused or neglected | 24 | | in violation of the Humane Care for Animals Act from reporting | 25 | | animal abuse or neglect to the Department of Agriculture's | 26 | | Bureau of Animal Health and Welfare. |
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| 1 | | A home rule unit may not regulate the reporting of child | 2 | | abuse or neglect in a manner inconsistent with the provisions | 3 | | of this Section. This Section is a limitation under subsection | 4 | | (i) of Section 6 of Article VII of the Illinois Constitution on | 5 | | the concurrent exercise by home rule units of powers and | 6 | | functions exercised by the State. | 7 | | For purposes of this Section "child abuse or neglect" | 8 | | includes abuse or neglect of an adult resident as defined in | 9 | | this Act. | 10 | | (Source: P.A. 95-10, eff. 6-30-07; 95-461, eff. 8-27-07; | 11 | | 95-876, eff. 8-21-08; 95-908, eff. 8-26-08; 96-494, eff. | 12 | | 8-14-09; 96-1446, eff. 8-20-10.)
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