Full Text of SB1752 99th General Assembly
SB1752sam001 99TH GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 3/20/2015
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| 1 | | AMENDMENT TO SENATE BILL 1752
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1752 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Children and Family Services Act is amended | 5 | | by changing Section 21 as follows:
| 6 | | (20 ILCS 505/21) (from Ch. 23, par. 5021)
| 7 | | Sec. 21. Investigative powers; training.
| 8 | | (a) To make such investigations as it may deem necessary to | 9 | | the
performance of its duties.
| 10 | | (b) In the course of any such investigation any
qualified | 11 | | person authorized by the Director may administer oaths and | 12 | | secure
by its subpoena both the attendance and testimony of | 13 | | witnesses and the
production of books and papers relevant to | 14 | | such investigation. Any person
who is served with a subpoena by | 15 | | the Department to appear and testify or to
produce books and | 16 | | papers, in the course of an investigation authorized by
law, |
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| 1 | | and who refuses or neglects to appear, or to testify, or to | 2 | | produce
books and papers relevant to such investigation, as | 3 | | commanded in such
subpoena, shall be guilty of a Class B | 4 | | misdemeanor. The fees of witnesses
for attendance and travel | 5 | | shall be the same as the fees of witnesses before
the circuit | 6 | | courts of this State. Any circuit court of this State, upon
| 7 | | application of the person requesting the hearing or the | 8 | | Department, may
compel the attendance of witnesses, the
| 9 | | production of books and papers, and giving of testimony
before | 10 | | the Department or before any authorized officer or employee | 11 | | thereof,
by an attachment for contempt or otherwise, in the | 12 | | same manner as
production of evidence may be compelled before | 13 | | such court. Every person
who, having taken an oath or made | 14 | | affirmation before the Department or any
authorized officer or | 15 | | employee thereof, shall willfully swear or affirm
falsely, | 16 | | shall be guilty of perjury and upon conviction shall be | 17 | | punished
accordingly.
| 18 | | (c) Investigations initiated under this Section shall | 19 | | provide
individuals due process of law, including the right to | 20 | | a hearing, to
cross-examine witnesses, to obtain relevant | 21 | | documents, and to present
evidence. Administrative findings | 22 | | shall be subject to the provisions of the
Administrative Review | 23 | | Law.
| 24 | | (d) Beginning July 1, 1988, any child protective | 25 | | investigator or
supervisor or child welfare specialist or | 26 | | supervisor employed by the
Department on the
effective date of |
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| 1 | | this amendatory Act of 1987
shall have completed a training | 2 | | program which shall be instituted by the
Department. The
| 3 | | training program shall include, but not be limited to, the | 4 | | following: (1)
training in the detection of symptoms of child | 5 | | neglect and drug abuse; (2)
specialized training for dealing | 6 | | with families and children of drug
abusers; and (3) specific | 7 | | training in child development, family dynamics
and interview | 8 | | techniques. Such program shall conform to the criteria and
| 9 | | curriculum developed under Section 4 of the Child Protective | 10 | | Investigator
and Child Welfare Specialist Certification
Act of | 11 | | 1987. Failure to complete such training due to lack of
| 12 | | opportunity provided by the Department shall in no way be | 13 | | grounds for any
disciplinary or other action against an | 14 | | investigator or a specialist.
| 15 | | The Department shall develop a continuous inservice staff | 16 | | development
program and evaluation system. Each child | 17 | | protective investigator and
supervisor and child welfare | 18 | | specialist and supervisor shall participate in
such program and | 19 | | evaluation and shall complete a minimum of 20 hours of
| 20 | | inservice education and training every 2 years in order to | 21 | | maintain certification.
| 22 | | Any child protective investigator or child protective | 23 | | supervisor,
or child welfare specialist or child welfare | 24 | | specialist supervisor
hired by
the Department who begins his
| 25 | | actual
employment after the effective date of this amendatory | 26 | | Act of 1987, shall
be certified
pursuant
to the Child |
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| 1 | | Protective Investigator and Child Welfare Specialist
| 2 | | Certification Act of 1987 before he
begins such employment. | 3 | | Nothing in this Act shall replace or diminish the
rights of | 4 | | employees under the Illinois Public Labor Relations Act, as
| 5 | | amended, or the National Labor Relations Act. In the event of | 6 | | any conflict
between either of those Acts, or any collective
| 7 | | bargaining agreement negotiated thereunder, and the provisions | 8 | | of subsections
(d) and (e), the former shall prevail and | 9 | | control.
| 10 | | (e) The Department shall develop and implement the | 11 | | following:
| 12 | | (1) A
standardized child endangerment risk assessment | 13 | | protocol.
| 14 | | (2) Related training
procedures.
| 15 | | (3) A standardized method for demonstration of
| 16 | | proficiency in
application of the protocol.
| 17 | | (4) An evaluation of the reliability and
validity of | 18 | | the protocol.
| 19 | | All child protective investigators and supervisors
and child | 20 | | welfare specialists and supervisors employed by the Department | 21 | | or its
contractors shall be required, subsequent to the | 22 | | availability of training under
this Act, to demonstrate | 23 | | proficiency in application of the protocol previous to
being | 24 | | permitted to make decisions about the degree of risk posed to | 25 | | children
for whom they are responsible. The Department shall | 26 | | establish a
multi-disciplinary advisory committee
appointed by |
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| 1 | | the Director, including but not limited to representatives from
| 2 | | the fields of child development, domestic violence, family | 3 | | systems, juvenile
justice, law enforcement, health care, | 4 | | mental health, substance abuse, and
social service to advise | 5 | | the Department and its related contractors in the
development | 6 | | and implementation of the child
endangerment risk assessment | 7 | | protocol, related training, method for
demonstration of | 8 | | proficiency in application of the protocol, and evaluation of
| 9 | | the reliability and validity of the protocol. The Department | 10 | | shall develop the
protocol, training curriculum, method for | 11 | | demonstration of proficiency in
application of the protocol and | 12 | | method for evaluation of the reliability and
validity of the | 13 | | protocol by July 1, 1995. Training and demonstration of
| 14 | | proficiency in application of the child endangerment risk | 15 | | assessment protocol
for all child protective investigators and | 16 | | supervisors and child welfare
specialists and
supervisors
| 17 | | shall be completed
as soon as practicable, but no later than | 18 | | January 1, 1996. The Department
shall submit
to
the General | 19 | | Assembly on or before May 1, 1996, and every year thereafter, | 20 | | an
annual report on the evaluation of the reliability and | 21 | | validity of the child
endangerment risk assessment protocol. | 22 | | The Department shall contract with a
not for profit | 23 | | organization with demonstrated expertise in the field of child
| 24 | | endangerment risk assessment to assist in the development and | 25 | | implementation of
the child endangerment risk assessment | 26 | | protocol, related training, method for
demonstration of |
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| 1 | | proficiency in application of the protocol, and evaluation of
| 2 | | the reliability and validity of the protocol.
| 3 | | (f) Whenever a safety plan as defined in Section 3 of the | 4 | | Abused and Neglected Child Reporting Act is implemented, the | 5 | | The Department shall provide each parent or guardian , and | 6 | | responsible adult any caregiver with responsibilities under | 7 | | the safety plan, participating in a safety plan a copy of the | 8 | | written safety plan as signed by each parent or guardian and | 9 | | responsible adult such caregiver and by a representative of the | 10 | | Department. The Department shall also provide each parent or | 11 | | guardian , and responsible adult any caregiver with | 12 | | responsibilities under the safety plan, safety plan | 13 | | information on their rights and responsibilities that shall | 14 | | include, but need not be limited to, information on how to | 15 | | obtain medical care, emergency phone numbers, and information | 16 | | on how to notify schools or day care providers as appropriate. | 17 | | The Department's representative shall ensure that the safety | 18 | | plan is reviewed and approved by the child protection | 19 | | supervisor. A safety plan shall comport with the requirements | 20 | | set forth in paragraph (3.5) of subsection (b) of Section 7.4 | 21 | | of the Abused and Neglected Child Reporting Act. | 22 | | (g) Upon termination of a safety plan, each parent or | 23 | | guardian and each caregiver with responsibilities under the | 24 | | safety plan shall be given written verification from the | 25 | | Department, or its designee, that the safety plan has been | 26 | | terminated. Upon termination of the safety plan, the |
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| 1 | | Department, or its designee, shall make all reasonable efforts | 2 | | to develop and implement a transition plan to return physical | 3 | | possession of the child to the custodial parent or legal | 4 | | guardian. | 5 | | (Source: P.A. 98-830, eff. 1-1-15 .)
| 6 | | Section 10. The Abused and Neglected Child Reporting Act is | 7 | | amended by changing Sections 3, 5, and 7.4 as follows: | 8 | | (325 ILCS 5/3) (from Ch. 23, par. 2053) | 9 | | Sec. 3. As used in this Act unless the context otherwise | 10 | | requires: | 11 | | "Adult resident" means any person between 18 and 22 years | 12 | | of age who resides in any facility licensed by the Department | 13 | | under the Child Care Act of 1969. For purposes of this Act, the | 14 | | criteria set forth in the definitions of "abused child" and | 15 | | "neglected child" shall be used in determining whether an adult | 16 | | resident is abused or neglected. | 17 | | "Blatant disregard" means an incident where the real, | 18 | | significant, and imminent risk of harm would be so obvious to a | 19 | | reasonable parent or caretaker that it is unlikely that a | 20 | | reasonable parent or caretaker would have exposed the child to | 21 | | the danger without exercising precautionary measures to | 22 | | protect the child from harm. | 23 | | "Child" means any person under the age of 18 years, unless | 24 | | legally
emancipated by reason of marriage or entry into a |
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| 1 | | branch of the United
States armed services. | 2 | | "Department" means Department of Children and Family | 3 | | Services. | 4 | | "Local law enforcement agency" means the police of a city, | 5 | | town,
village or other incorporated area or the sheriff of an | 6 | | unincorporated
area or any sworn officer of the Illinois | 7 | | Department of State Police. | 8 | | "Abused child"
means a child whose parent or immediate | 9 | | family
member,
or any person responsible for the child's | 10 | | welfare, or any individual
residing in the same home as the | 11 | | child, or a paramour of the child's parent: | 12 | | (a) inflicts, causes to be inflicted, or allows to be
| 13 | | inflicted upon
such child physical injury, by other than | 14 | | accidental means, which causes
death, disfigurement, | 15 | | impairment of physical or
emotional health, or loss or | 16 | | impairment of any bodily function; | 17 | | (b) creates a substantial risk of physical injury to | 18 | | such
child by
other than accidental means which would be | 19 | | likely to cause death,
disfigurement, impairment of | 20 | | physical or emotional health, or loss or
impairment of any | 21 | | bodily function; | 22 | | (c) commits or allows to be committed any sex offense | 23 | | against
such child,
as such sex offenses are defined in the | 24 | | Criminal Code of 2012 or in the Wrongs to Children Act,
and | 25 | | extending those definitions of sex offenses to include | 26 | | children under
18 years of age; |
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| 1 | | (d) commits or allows to be committed an act or acts of
| 2 | | torture upon
such child; | 3 | | (e) inflicts excessive corporal punishment; | 4 | | (f) commits or allows to be committed
the offense of
| 5 | | female
genital mutilation, as defined in Section 12-34 of | 6 | | the Criminal Code of
2012, against the child; | 7 | | (g) causes to be sold, transferred, distributed, or | 8 | | given to
such child
under 18 years of age, a controlled | 9 | | substance as defined in Section 102 of the
Illinois | 10 | | Controlled Substances Act in violation of Article IV of the | 11 | | Illinois
Controlled Substances Act or in violation of the | 12 | | Methamphetamine Control and Community Protection Act, | 13 | | except for controlled substances that are prescribed
in | 14 | | accordance with Article III of the Illinois Controlled | 15 | | Substances Act and
are dispensed to such child in a manner | 16 | | that substantially complies with the
prescription; or | 17 | | (h) commits or allows to be committed the offense of | 18 | | involuntary servitude, involuntary sexual servitude of a | 19 | | minor, or trafficking in persons as defined in Section 10-9 | 20 | | of the Criminal Code of 2012 against the child. | 21 | | A child shall not be considered abused for the sole reason | 22 | | that the child
has been relinquished in accordance with the | 23 | | Abandoned Newborn Infant
Protection Act. | 24 | | "Neglected child" means any child who is not receiving the | 25 | | proper or
necessary nourishment or medically indicated | 26 | | treatment including food or care
not provided solely on the |
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| 1 | | basis of the present or anticipated mental or
physical | 2 | | impairment as determined by a physician acting alone or in
| 3 | | consultation with other physicians or otherwise is not | 4 | | receiving the proper or
necessary support or medical or other | 5 | | remedial care recognized under State law
as necessary for a | 6 | | child's well-being, or other care necessary for his or her
| 7 | | well-being, including adequate food, clothing and shelter; or | 8 | | who is subjected to an environment which is injurious insofar | 9 | | as (i) the child's environment creates a likelihood of harm to | 10 | | the child's health, physical well-being, or welfare and (ii) | 11 | | the likely harm to the child is the result of a blatant | 12 | | disregard of parent or caretaker responsibilities; or who is | 13 | | abandoned
by his or her parents or other person responsible for | 14 | | the child's welfare
without a proper plan of care; or who has | 15 | | been provided with interim crisis intervention services under
| 16 | | Section 3-5 of
the Juvenile Court Act of 1987 and whose parent, | 17 | | guardian, or custodian refuses to
permit
the child to return | 18 | | home and no other living arrangement agreeable
to the parent, | 19 | | guardian, or custodian can be made, and the parent, guardian, | 20 | | or custodian has not made any other appropriate living | 21 | | arrangement for the child; or who is a newborn infant whose | 22 | | blood, urine,
or meconium
contains any amount of a controlled | 23 | | substance as defined in subsection (f) of
Section 102 of the | 24 | | Illinois Controlled Substances Act or a metabolite thereof,
| 25 | | with the exception of a controlled substance or metabolite | 26 | | thereof whose
presence in the newborn infant is the result of |
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| 1 | | medical treatment administered
to the mother or the newborn | 2 | | infant. A child shall not be considered neglected
for the sole | 3 | | reason that the child's parent or other person responsible for | 4 | | his
or her welfare has left the child in the care of an adult | 5 | | relative for any
period of time. A child shall not be | 6 | | considered neglected for the sole reason
that the child has | 7 | | been relinquished in accordance with the Abandoned Newborn
| 8 | | Infant Protection Act. A child shall not be considered | 9 | | neglected or abused
for the
sole reason that such child's | 10 | | parent or other person responsible for his or her
welfare | 11 | | depends upon spiritual means through prayer alone for the | 12 | | treatment or
cure of disease or remedial care as provided under | 13 | | Section 4 of this Act. A
child shall not be considered | 14 | | neglected or abused solely because the child is
not attending | 15 | | school in accordance with the requirements of Article 26 of The
| 16 | | School Code, as amended. | 17 | | "Child Protective Service Unit" means certain specialized | 18 | | State employees of
the Department assigned by the Director to | 19 | | perform the duties and
responsibilities as provided under | 20 | | Section 7.2 of this Act. | 21 | | "Person responsible for the child's welfare" means the | 22 | | child's parent;
guardian; foster parent; relative caregiver; | 23 | | any person responsible for the
child's welfare in a public or | 24 | | private residential agency or institution; any
person | 25 | | responsible for the child's welfare within a public or private | 26 | | profit or
not for profit child care facility; or any other |
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| 1 | | person responsible for the
child's welfare at the time of the | 2 | | alleged abuse or neglect, including any person that is the | 3 | | custodian of a child under 18 years of age who commits or | 4 | | allows to be committed, against the child, the offense of | 5 | | involuntary servitude, involuntary sexual servitude of a | 6 | | minor, or trafficking in persons for forced labor or services, | 7 | | as provided in Section 10-9 of the Criminal Code of 2012, or | 8 | | any person who
came to know the child through an official | 9 | | capacity or position of trust,
including but not limited to | 10 | | health care professionals, educational personnel,
recreational | 11 | | supervisors, members of the clergy, and volunteers or
support | 12 | | personnel in any setting
where children may be subject to abuse | 13 | | or neglect. | 14 | | "Safety plan" means any plan that sets forth a written | 15 | | condition that limits, restricts, or modifies a parent or | 16 | | guardian's interaction with his or her child, including but not | 17 | | limited to a requirement that a child, parent, or guardian | 18 | | relocate from the family home, that another person reside in | 19 | | the family home, or that a parent or guardian have no | 20 | | unsupervised contact with a child, except that a safety plan | 21 | | does not include such conditions when incorporated in a court | 22 | | order entered under the Juvenile Court Act of 1987. | 23 | | "Temporary protective custody" means custody within a | 24 | | hospital or
other medical facility or a place previously | 25 | | designated for such custody
by the Department, subject to | 26 | | review by the Court, including a licensed
foster home, group |
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| 1 | | home, or other institution; but such place shall not
be a jail | 2 | | or other place for the detention of criminal or juvenile | 3 | | offenders. | 4 | | "An unfounded report" means any report made under this Act | 5 | | for which
it is determined after an investigation that no | 6 | | credible evidence of
abuse or neglect exists. | 7 | | "An indicated report" means a report made under this Act if | 8 | | an
investigation determines that credible evidence of the | 9 | | alleged
abuse or neglect exists. | 10 | | "An undetermined report" means any report made under this | 11 | | Act in
which it was not possible to initiate or complete an | 12 | | investigation on
the basis of information provided to the | 13 | | Department. | 14 | | "Subject of report" means any child reported to the central | 15 | | register
of child abuse and neglect established under Section | 16 | | 7.7 of this Act as an alleged victim of child abuse or neglect | 17 | | and
the parent or guardian of the alleged victim or other | 18 | | person responsible for the alleged victim's welfare who is | 19 | | named in the report or added to the report as an alleged | 20 | | perpetrator of child abuse or neglect. | 21 | | "Perpetrator" means a person who, as a result of | 22 | | investigation, has
been determined by the Department to have | 23 | | caused child abuse or neglect. | 24 | | "Member of the clergy" means a clergyman or practitioner of | 25 | | any religious
denomination accredited by the religious body to | 26 | | which he or she belongs. |
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| 1 | | (Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10; | 2 | | 96-1464, eff. 8-20-10; 97-333, eff. 8-12-11; 97-803, eff. | 3 | | 7-13-12; 97-897, eff. 1-1-13; 97-1063, eff. 8-24-12; 97-1150, | 4 | | eff. 1-25-13.)
| 5 | | (325 ILCS 5/5) (from Ch. 23, par. 2055)
| 6 | | Sec. 5.
An officer of a local law enforcement agency, a | 7 | | designated
employee of the Department, or a physician treating | 8 | | a child may take or
retain temporary protective custody of the | 9 | | child without the consent of
the person responsible for the | 10 | | child's welfare, or may state that he or she or his or her | 11 | | agent will do so, only if: (1) there is imminent danger to the | 12 | | child; (2) there is no time to apply for a court order under | 13 | | the Juvenile Court Act of 1987 for temporary custody of the | 14 | | child; and (3) there is probable cause that a child is abused | 15 | | or neglected by his or her parent or guardian. if (1) he has | 16 | | reason to
believe that the
child cannot be cared for at home or | 17 | | in the
custody of the
person responsible for the child's | 18 | | welfare without endangering the child's
health or safety; and | 19 | | (2) there is not time to apply
for a court order under the | 20 | | Juvenile Court Act of 1987 for temporary
custody of the child. | 21 | | The person taking or retaining a child in temporary
protective | 22 | | custody shall immediately make every reasonable effort to
| 23 | | notify the person responsible for the child's welfare and shall
| 24 | | immediately notify the Department. The Department shall | 25 | | provide to the
temporary caretaker of a child any information |
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| 1 | | in the Department's
possession concerning the positive results | 2 | | of a test performed on the child
to determine the presence of | 3 | | the antibody or antigen to Human
Immunodeficiency Virus (HIV), | 4 | | or of HIV infection, as well as any
communicable diseases or | 5 | | communicable infections that the child has. The
temporary | 6 | | caretaker of a child shall not disclose to another person any
| 7 | | information received by the temporary caretaker from the | 8 | | Department
concerning the results of a test performed on the | 9 | | child to determine the
presence of the antibody or antigen to | 10 | | HIV, or of HIV infection, except
pursuant to Section 9 of the | 11 | | AIDS Confidentiality Act, as now or hereafter
amended. The | 12 | | Department shall promptly
initiate proceedings under the | 13 | | Juvenile Court Act of 1987 for the
continued temporary custody | 14 | | of the child.
| 15 | | No person acting pursuant to this Section shall maintain a | 16 | | child in temporary protective custody or implement or maintain | 17 | | a safety plan if: (i) there will no longer exist imminent | 18 | | danger to the child if the temporary protective custody or | 19 | | safety plan condition is removed; or (ii) there is no longer | 20 | | probable cause that a child is abused or neglected by his or | 21 | | her parent or guardian. If the Department or another authorized | 22 | | person has applied for a court order for the temporary custody | 23 | | of the child and the application has been rejected by the | 24 | | State's Attorney or public official reviewing the application, | 25 | | the Department or other authorized person shall promptly inform | 26 | | the parent or guardian of that rejection. Nothing in this |
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| 1 | | Section shall preclude the Department from continuing an | 2 | | investigation and assessing the safety of the child as | 3 | | additional information is obtained. | 4 | | Where the physician keeping a child in his custody does so | 5 | | in his
capacity as a member of the staff of a hospital or | 6 | | similar institution,
he shall notify the person in charge of | 7 | | the institution or his
designated agent, who shall then become | 8 | | responsible for the further care
of such child in the hospital | 9 | | or similar institution under the direction
of the Department.
| 10 | | Said care includes, but is not limited to the granting of | 11 | | permission
to perform emergency medical treatment to a minor | 12 | | where the treatment itself
does not involve a substantial risk | 13 | | of harm to the minor and the failure
to render such treatment | 14 | | will likely result in death or permanent harm to
the minor, and | 15 | | there is not time to apply for a court order under the Juvenile
| 16 | | Court Act of 1987.
| 17 | | Any person authorized and acting in good faith in the | 18 | | removal of a
child under this Section shall have immunity from | 19 | | any liability, civil
or criminal that might otherwise be | 20 | | incurred or imposed as a result of
such removal. Any physician | 21 | | authorized and acting in good faith and in
accordance with | 22 | | acceptable medical practice in the treatment of a child
under | 23 | | this Section shall have immunity from any liability, civil or | 24 | | criminal,
that might otherwise be incurred or imposed as a | 25 | | result of granting permission
for emergency treatment.
| 26 | | With respect to any child taken into temporary protective |
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| 1 | | custody
pursuant to this Section, the Department of Children | 2 | | and Family Services
Guardianship Administrator or his designee | 3 | | shall be deemed the child's
legally authorized
representative | 4 | | for purposes of consenting to an HIV test if deemed
necessary | 5 | | and appropriate by the Department's Guardianship Administrator | 6 | | or
designee and
obtaining and disclosing information | 7 | | concerning such test
pursuant to the AIDS Confidentiality Act | 8 | | if deemed necessary and
appropriate by the Department's | 9 | | Guardianship Administrator or designee and
for purposes of
| 10 | | consenting to the release
of information pursuant to the | 11 | | Illinois Sexually Transmissible Disease
Control Act if deemed | 12 | | necessary and appropriate by the Department's
Guardianship | 13 | | Administrator or designee.
| 14 | | Any person who administers an HIV test upon the consent of | 15 | | the Department
of Children and Family Services Guardianship | 16 | | Administrator or his designee,
or who discloses the results of | 17 | | such tests to the Department's Guardianship
Administrator or | 18 | | his designee, shall have immunity from any liability,
civil, | 19 | | criminal or otherwise, that might result by reason of such | 20 | | actions.
For the purpose of any proceedings, civil or criminal, | 21 | | the good faith of
any persons required to administer or | 22 | | disclose the results of tests, or
permitted to take such | 23 | | actions, shall be presumed.
| 24 | | (Source: P.A. 90-28, eff. 1-1-98.)
| 25 | | (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
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| 1 | | Sec. 7.4. (a) The Department shall be capable of receiving | 2 | | reports of
suspected child abuse or neglect 24 hours a day, 7 | 3 | | days a week. Whenever
the Department receives a report alleging | 4 | | that a child is a
truant as defined in Section 26-2a of The | 5 | | School Code, as now or hereafter
amended, the Department shall | 6 | | notify the superintendent of the school
district in which the | 7 | | child resides and the appropriate superintendent of
the | 8 | | educational service region. The notification to the | 9 | | appropriate
officials by the Department shall not be considered | 10 | | an allegation of abuse
or neglect under this Act.
| 11 | | (a-5) Beginning January 1, 2010, the Department of Children | 12 | | and Family Services may implement a 5-year demonstration of a | 13 | | "differential response program" in accordance with criteria, | 14 | | standards, and procedures prescribed by rule. The program may | 15 | | provide that, upon receiving a report, the Department shall | 16 | | determine whether to conduct a family assessment or an | 17 | | investigation as appropriate to prevent or provide a remedy for | 18 | | child abuse or neglect. | 19 | | For purposes of this subsection (a-5), "family assessment" | 20 | | means a comprehensive assessment of child safety, risk of | 21 | | subsequent child maltreatment, and family strengths and needs | 22 | | that is applied to a child maltreatment report that does not | 23 | | allege substantial child endangerment. "Family assessment" | 24 | | does not include a determination as to whether child | 25 | | maltreatment occurred but does determine the need for services | 26 | | to address the safety of family members and the risk of |
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| 1 | | subsequent maltreatment. | 2 | | For purposes of this subsection (a-5), "investigation" | 3 | | means fact-gathering related to the current safety of a child | 4 | | and the risk of subsequent abuse or neglect that determines | 5 | | whether a report of suspected child abuse or neglect should be | 6 | | indicated or unfounded and whether child protective services | 7 | | are needed. | 8 | | Under the "differential response program" implemented | 9 | | under this subsection (a-5), the Department: | 10 | | (1) Shall conduct an investigation on reports | 11 | | involving substantial child abuse or neglect. | 12 | | (2) Shall begin an immediate investigation if, at any | 13 | | time when it is using a family assessment response, it | 14 | | determines that there is reason to believe that substantial | 15 | | child abuse or neglect or a serious threat to the child's | 16 | | safety exists. | 17 | | (3) May conduct a family assessment for reports that do | 18 | | not allege substantial child endangerment. In determining | 19 | | that a family assessment is appropriate, the Department may | 20 | | consider issues including, but not limited to, child | 21 | | safety, parental cooperation, and the need for an immediate | 22 | | response. | 23 | | (4) Shall promulgate criteria, standards, and | 24 | | procedures that shall be applied in making this | 25 | | determination, taking into consideration the Child | 26 | | Endangerment Risk Assessment Protocol of the Department. |
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| 1 | | (5) May conduct a family assessment on a report that | 2 | | was initially screened and assigned for an investigation. | 3 | | In determining that a complete investigation is not | 4 | | required, the Department must document the reason for | 5 | | terminating the investigation and notify the local law | 6 | | enforcement agency or the Department of State Police if the | 7 | | local law enforcement agency or Department of State Police is | 8 | | conducting a joint investigation. | 9 | | Once it is determined that a "family assessment" will be | 10 | | implemented, the case shall not be reported to the central | 11 | | register of abuse and neglect reports. | 12 | | During a family assessment, the Department shall collect | 13 | | any available and relevant information to determine child | 14 | | safety, risk of subsequent abuse or neglect, and family | 15 | | strengths. | 16 | | Information collected includes, but is not limited to, when | 17 | | relevant: information with regard to the person reporting the | 18 | | alleged abuse or neglect, including the nature of the | 19 | | reporter's relationship to the child and to the alleged | 20 | | offender, and the basis of the reporter's knowledge for the | 21 | | report; the child allegedly being abused or neglected; the | 22 | | alleged offender; the child's caretaker; and other collateral | 23 | | sources having relevant information related to the alleged | 24 | | abuse or neglect. Information relevant to the assessment must | 25 | | be asked for, and may include: | 26 | | (A) The child's sex and age, prior reports of abuse or |
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| 1 | | neglect, information relating to developmental | 2 | | functioning, credibility of the child's statement, and | 3 | | whether the information provided under this paragraph (A) | 4 | | is consistent with other information collected during the | 5 | | course of the assessment or investigation. | 6 | | (B) The alleged offender's age, a record check for | 7 | | prior reports of abuse or neglect, and criminal charges and | 8 | | convictions. The alleged offender may submit supporting | 9 | | documentation relevant to the assessment. | 10 | | (C) Collateral source information regarding the | 11 | | alleged abuse or neglect and care of the child. Collateral | 12 | | information includes, when relevant: (i) a medical | 13 | | examination of the child; (ii) prior medical records | 14 | | relating to the alleged maltreatment or care of the child | 15 | | maintained by any facility, clinic, or health care | 16 | | professional, and an interview with the treating | 17 | | professionals; and (iii) interviews with the child's | 18 | | caretakers, including the child's parent, guardian, foster | 19 | | parent, child care provider, teachers, counselors, family | 20 | | members, relatives, and other persons who may have | 21 | | knowledge regarding the alleged maltreatment and the care | 22 | | of the child. | 23 | | (D) Information on the existence of domestic abuse and | 24 | | violence in the home of the child, and substance abuse. | 25 | | Nothing in this subsection (a-5) precludes the Department | 26 | | from collecting other relevant information necessary to |
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| 1 | | conduct the assessment or investigation. Nothing in this | 2 | | subsection (a-5) shall be construed to allow the name or | 3 | | identity of a reporter to be disclosed in violation of the | 4 | | protections afforded under Section 7.19 of this Act. | 5 | | After conducting the family assessment, the Department | 6 | | shall determine whether services are needed to address the | 7 | | safety of the child and other family members and the risk of | 8 | | subsequent abuse or neglect. | 9 | | Upon completion of the family assessment, if the Department | 10 | | concludes that no services shall be offered, then the case | 11 | | shall be closed. If the Department concludes that services | 12 | | shall be offered, the Department shall develop a family | 13 | | preservation plan and offer or refer services to the family. | 14 | | At any time during a family assessment, if the Department | 15 | | believes there is any reason to stop the assessment and conduct | 16 | | an investigation based on the information discovered, the | 17 | | Department shall do so. | 18 | | The procedures available to the Department in conducting | 19 | | investigations under this Act shall be followed as appropriate | 20 | | during a family assessment. | 21 | | The Department shall arrange for an independent evaluation | 22 | | of the "differential response program" authorized and | 23 | | implemented under this subsection (a-5) to determine whether it | 24 | | is meeting the goals in accordance with Section 2 of this Act. | 25 | | The Department may adopt administrative rules necessary for the | 26 | | execution of this Section, in accordance with Section 4 of the |
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| 1 | | Children and Family Services Act. | 2 | | The demonstration conducted under this subsection (a-5) | 3 | | shall become a permanent program on July 1, 2016, upon | 4 | | completion of the demonstration project period.
| 5 | | (b)(1) The following procedures shall be followed in the | 6 | | investigation
of all reports of suspected abuse or neglect of a | 7 | | child, except as provided
in subsection (c) of this Section.
| 8 | | (2) If, during a family assessment authorized by subsection | 9 | | (a-5) or an investigation, it appears that the immediate safety | 10 | | or well-being of a child is
endangered, that the family may | 11 | | flee or the child disappear, or that the
facts otherwise so | 12 | | warrant, the Child Protective Service Unit shall
commence an | 13 | | investigation immediately, regardless of the time of day or
| 14 | | night. All other investigations shall be commenced within 24
| 15 | | hours of receipt of the report. Upon receipt of a report, the | 16 | | Child
Protective Service Unit shall conduct a family assessment | 17 | | authorized by subsection (a-5) or begin an initial | 18 | | investigation and make an initial
determination whether the | 19 | | report is a good faith indication of alleged
child abuse or | 20 | | neglect.
| 21 | | (3) Based on an initial investigation, if the Unit | 22 | | determines the report is a good faith
indication of alleged | 23 | | child abuse or neglect, then a formal investigation
shall | 24 | | commence and, pursuant to Section 7.12 of this Act, may or may | 25 | | not
result in an indicated report. The formal investigation | 26 | | shall include:
direct contact with the subject or subjects of |
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| 1 | | the report as soon as
possible after the report is received; an
| 2 | | evaluation of the environment of the child named in the report | 3 | | and any other
children in the same environment; a determination | 4 | | of the risk to such
children if they continue to remain in the | 5 | | existing environments, as well
as a determination of the | 6 | | nature, extent and cause of any condition
enumerated in such | 7 | | report; the name, age and condition of other children in
the | 8 | | environment; and an evaluation as to whether there would be an
| 9 | | immediate and urgent necessity to remove the child from the | 10 | | environment if
appropriate family preservation services were | 11 | | provided. After seeing to
the safety of the child or children, | 12 | | the Department shall
forthwith notify the subjects of the | 13 | | report in writing, of the existence
of the report and their | 14 | | rights existing under this Act in regard to amendment
or | 15 | | expungement. To fulfill the requirements of this Section, the | 16 | | Child
Protective Service Unit shall have the capability of | 17 | | providing or arranging
for comprehensive emergency services to | 18 | | children and families at all times
of the day or night.
| 19 | | (3.5) If, during an investigation, a designated employee of | 20 | | the Department has lawful grounds to take protective custody of | 21 | | a child pursuant to Section 5 of this Act, the employee may | 22 | | notify the parent or guardian that a safety plan, as defined in | 23 | | Section 3 of this Act, is an alternative to protective custody. | 24 | | A safety plan must meet all of the following requirements: | 25 | | (A) It must specify the limitations on the contact | 26 | | between the parent or guardian and the child, including (i) |
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| 1 | | where the child shall reside during the time the safety | 2 | | plan is in effect and (ii) who has responsibility for any | 3 | | supervision of the parent or guardian's contact with the | 4 | | child. | 5 | | (B) It must be of limited duration as specified in the | 6 | | plan. | 7 | | (C) It must be reviewed by the Department every 5 | 8 | | business days to determine whether the basis for the plan | 9 | | still exists or whether the conditions should be modified. | 10 | | (D) It must include a certification that a background | 11 | | check has been performed and cleared consistent with | 12 | | Department rule as to each caregiver with responsibilities | 13 | | under the safety plan before the child is placed in the | 14 | | caregiver's care or under the caregiver's supervision. | 15 | | (E) It must be the least restrictive arrangement | 16 | | possible. A safety plan may be modified or terminated on | 17 | | request of the parent or guardian. A safety plan under this | 18 | | Section is subject to the requirements set forth in | 19 | | subsections (f) and (g) of Section 21 of the Children and | 20 | | Family Services Act.
| 21 | | (4) If (i) at the conclusion of the Unit's initial | 22 | | investigation of a
report, the Unit determines the report to be | 23 | | a good faith indication of
alleged child abuse or neglect that | 24 | | warrants a formal investigation by
the Unit, the Department, | 25 | | any law enforcement agency or any other
responsible agency and | 26 | | (ii) the person who is alleged to have caused the
abuse or |
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| 1 | | neglect is employed or otherwise engaged in an activity | 2 | | resulting
in frequent contact with children and the alleged | 3 | | abuse or neglect are in
the course of such employment or | 4 | | activity, then the Department shall,
except in investigations | 5 | | where the Director determines that such
notification would be | 6 | | detrimental to the Department's investigation, inform
the | 7 | | appropriate supervisor or administrator of that employment or | 8 | | activity
that the Unit has commenced a formal investigation | 9 | | pursuant to this Act,
which may or may not result in an | 10 | | indicated report. The Department shall also
notify the person | 11 | | being investigated, unless the Director determines that
such | 12 | | notification would be detrimental to the Department's | 13 | | investigation.
| 14 | | (c) In an investigation of a report of suspected abuse or | 15 | | neglect of
a child by a school employee at a school or on | 16 | | school grounds, the
Department shall make reasonable efforts to | 17 | | follow the following procedures:
| 18 | | (1) Investigations involving teachers shall not, to | 19 | | the extent possible,
be conducted when the teacher is | 20 | | scheduled to conduct classes.
Investigations involving | 21 | | other school employees shall be conducted so as to
minimize | 22 | | disruption of the school day. The school employee accused | 23 | | of
child abuse or neglect may have his superior, his | 24 | | association or union
representative and his attorney | 25 | | present at any interview or meeting at
which the teacher or | 26 | | administrator is present. The accused school employee
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| 1 | | shall be informed by a representative of the Department, at | 2 | | any
interview or meeting, of the accused school employee's | 3 | | due process rights
and of the steps in the investigation | 4 | | process.
The information shall include, but need not | 5 | | necessarily be limited to the
right, subject to the | 6 | | approval of the Department, of the school employee to
| 7 | | confront the accuser, if the accuser is 14 years of age or | 8 | | older, or the
right to review the specific allegations | 9 | | which gave rise to the
investigation, and the right to | 10 | | review all materials and evidence that have
been submitted | 11 | | to the Department in support of the allegation. These due
| 12 | | process rights shall also include the right of the school | 13 | | employee to
present countervailing evidence regarding the | 14 | | accusations.
| 15 | | (2) If a report of neglect or abuse of a child by a | 16 | | teacher or
administrator does not involve allegations of | 17 | | sexual abuse or extreme
physical abuse, the Child | 18 | | Protective Service Unit shall make reasonable
efforts to | 19 | | conduct the initial investigation in coordination with the
| 20 | | employee's supervisor.
| 21 | | If the Unit determines that the report is a good faith | 22 | | indication of
potential child abuse or neglect, it shall | 23 | | then commence a formal
investigation under paragraph (3) of | 24 | | subsection (b) of this Section.
| 25 | | (3) If a report of neglect or abuse of a child by a | 26 | | teacher or
administrator involves an allegation of sexual |
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| 1 | | abuse or extreme physical
abuse, the Child Protective Unit | 2 | | shall commence an investigation under
paragraph (2) of | 3 | | subsection (b) of this Section.
| 4 | | (c-5) In any instance in which a report is made or caused | 5 | | to made by a school district employee involving the conduct of | 6 | | a person employed by the school district, at the time the | 7 | | report was made, as required under Section 4 of this Act, the | 8 | | Child Protective Service Unit shall send a copy of its final | 9 | | finding report to the general superintendent of that school | 10 | | district.
| 11 | | (d) If the Department has contact with an employer, or with | 12 | | a religious
institution or religious official having | 13 | | supervisory or hierarchical authority
over a member of the | 14 | | clergy accused of the abuse of a child,
in the course of its
| 15 | | investigation, the Department shall notify the employer or the | 16 | | religious
institution or religious official, in writing, when a
| 17 | | report is unfounded so that any record of the investigation can | 18 | | be expunged
from the employee's or member of the clergy's | 19 | | personnel or other
records. The Department shall also notify
| 20 | | the employee or the member of the clergy, in writing, that | 21 | | notification
has been sent to the employer or to the | 22 | | appropriate religious institution or
religious official
| 23 | | informing the employer or religious institution or religious | 24 | | official that
the
Department's investigation has resulted in
an | 25 | | unfounded report.
| 26 | | (e) Upon request by the Department, the
Department of State |
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| 1 | | Police and law enforcement agencies are
authorized to provide | 2 | | criminal history record information
as defined in the Illinois | 3 | | Uniform Conviction Information Act and information
maintained | 4 | | in
the adjudicatory and dispositional record system as defined | 5 | | in Section
2605-355 of the Department of State Police Law (20 | 6 | | ILCS
2605/2605-355) to properly
designated
employees of the
| 7 | | Department of Children
and Family Services if the Department | 8 | | determines the information is
necessary to perform its duties | 9 | | under the Abused and
Neglected Child Reporting Act, the Child | 10 | | Care Act of 1969, and the Children and
Family Services Act. The
| 11 | | request shall be in the form and manner required
by
the | 12 | | Department of State Police. Any information obtained by the | 13 | | Department of
Children
and Family Services under this Section | 14 | | is
confidential and may not be transmitted outside the | 15 | | Department of Children
and Family Services other than to a | 16 | | court of competent jurisdiction or unless
otherwise authorized | 17 | | by law.
Any employee of the Department of Children and Family | 18 | | Services who transmits
confidential information in
violation | 19 | | of this
Section or causes the information to be
transmitted in | 20 | | violation of this Section is guilty of a Class A
misdemeanor | 21 | | unless the transmittal of
the
information is
authorized by this | 22 | | Section or otherwise authorized by law.
| 23 | | (f) For purposes of this Section "child abuse or neglect" | 24 | | includes abuse or neglect of an adult resident as defined in | 25 | | this Act. | 26 | | (Source: P.A. 98-1141, eff. 12-30-14.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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