Full Text of HB3288 100th General Assembly
HB3288 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3288 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: |
| 325 ILCS 5/4 | | 325 ILCS 5/4.1 | from Ch. 23, par. 2054.1 | 325 ILCS 5/4.4a | | 325 ILCS 5/7.6 | from Ch. 23, par. 2057.6 |
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Amends the Abused and Neglected Child Reporting Act. Removes a list of specified persons who are required to immediately report suspected cases of child abuse or neglect to the Department of Children and Family Services and instead provides that any person, agency, organization, or entity that knows or in good faith suspects a child may be an abused child or a neglected child shall
immediately report or cause a report to be made to the Department. Removes a requirement that a person who enters into
employment on and after July 1, 1986 and is mandated by virtue of that
employment to report under the Act to sign a statement on a form
prescribed by the Department that the employee has knowledge
and understanding of the reporting requirements of the Act. Removes a provision requiring the Department to provide such employees with copies of the Act upon request. Removes a provision requiring any other person who has reasonable cause to believe
that a child has died as a result of abuse or neglect to report his
or her suspicion to the appropriate medical examiner or coroner. Makes other changes.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | 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 Sections 4, 4.1, 4.4a, and 7.6 as follows:
| 6 | | (325 ILCS 5/4)
| 7 | | Sec. 4. Persons required to report; privileged | 8 | | communications;
transmitting false report. Any person, agency, | 9 | | organization, or entity that knows or in good faith suspects a | 10 | | child Any physician, resident, intern, hospital,
hospital | 11 | | administrator
and personnel engaged in examination, care and | 12 | | treatment of persons, surgeon,
dentist, dentist hygienist, | 13 | | osteopath, chiropractor, podiatric physician, physician
| 14 | | assistant, substance abuse treatment personnel, funeral home
| 15 | | director or employee, coroner, medical examiner, emergency | 16 | | medical technician,
acupuncturist, crisis line or hotline | 17 | | personnel, school personnel (including administrators and both | 18 | | certified and non-certified school employees), personnel of | 19 | | institutions of higher education, educational
advocate | 20 | | assigned to a child pursuant to the School Code, member of a | 21 | | school board or the Chicago Board of Education or the governing | 22 | | body of a private school (but only to the extent required in | 23 | | accordance with other provisions of this Section expressly |
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| 1 | | concerning the duty of school board members to report suspected | 2 | | child abuse), truant officers,
social worker, social services | 3 | | administrator,
domestic violence program personnel, registered | 4 | | nurse, licensed
practical nurse, genetic counselor,
| 5 | | respiratory care practitioner, advanced practice nurse, home
| 6 | | health aide, director or staff
assistant of a nursery school or | 7 | | a child day care center, recreational or athletic program
or | 8 | | facility personnel, early intervention provider as defined in | 9 | | the Early Intervention Services System Act, law enforcement | 10 | | officer, licensed professional
counselor, licensed clinical | 11 | | professional counselor, registered psychologist
and
assistants | 12 | | working under the direct supervision of a psychologist,
| 13 | | psychiatrist, or field personnel of the Department of | 14 | | Healthcare and Family Services,
Juvenile Justice, Public | 15 | | Health, Human Services (acting as successor to the Department | 16 | | of Mental
Health and Developmental Disabilities, | 17 | | Rehabilitation Services, or Public Aid),
Corrections, Human | 18 | | Rights, or Children and Family Services, supervisor and
| 19 | | administrator of general assistance under the Illinois Public | 20 | | Aid Code,
probation officer, animal control officer or Illinois | 21 | | Department of Agriculture Bureau of Animal Health and Welfare | 22 | | field investigator, or any other foster parent, homemaker or | 23 | | child care worker
having reasonable cause to believe a child | 24 | | known to them in their professional
or official capacity may be | 25 | | an abused child or a neglected child shall
immediately report | 26 | | or cause a report to be made to the Department.
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| 1 | | Any member of the clergy having reasonable cause to believe | 2 | | that a child
known to that member of the clergy in his or her | 3 | | professional capacity may be
an abused child as defined in item | 4 | | (c) of the definition of "abused child" in
Section 3 of this | 5 | | Act shall immediately report or cause a report to be made to
| 6 | | the Department.
| 7 | | Any physician, physician's assistant, registered nurse, | 8 | | licensed practical nurse, medical technician, certified | 9 | | nursing assistant, social worker, or licensed professional | 10 | | counselor of any office, clinic, or any other physical location | 11 | | that provides abortions, abortion referrals, or contraceptives | 12 | | having reasonable cause to believe a child known to him or her | 13 | | in his or her professional
or official capacity may be an | 14 | | abused child or a neglected child shall
immediately report or | 15 | | cause a report to be made to the Department. | 16 | | If an allegation is raised to a school board member during | 17 | | the course of an open or closed school board meeting that a | 18 | | child who is enrolled in the school district of which he or she | 19 | | is a board member is an abused child as defined in Section 3 of | 20 | | this Act, the member shall direct or cause the school board to | 21 | | direct the superintendent of the school district or other | 22 | | equivalent school administrator to comply with the | 23 | | requirements of this Act concerning the reporting of child | 24 | | abuse. For purposes of this paragraph, a school board member is | 25 | | granted the authority in his or her individual capacity to | 26 | | direct the superintendent of the school district or other |
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| 1 | | equivalent school administrator to comply with the | 2 | | requirements of this Act concerning the reporting of child | 3 | | abuse.
| 4 | | Notwithstanding any other provision of this Act, if an | 5 | | employee of a school district has made a report or caused a | 6 | | report to be made to the Department under this Act involving | 7 | | the conduct of a current or former employee of the school | 8 | | district and a request is made by another school district for | 9 | | the provision of information concerning the job performance or | 10 | | qualifications of the current or former employee because he or | 11 | | she is an applicant for employment with the requesting school | 12 | | district, the general superintendent of the school district to | 13 | | which the request is being made must disclose to the requesting | 14 | | school district the fact that an employee of the school | 15 | | district has made a report involving the conduct of the | 16 | | applicant or caused a report to be made to the Department, as | 17 | | required under this Act. Only the fact that an employee of the | 18 | | school district has made a report involving the conduct of the | 19 | | applicant or caused a report to be made to the Department may | 20 | | be disclosed by the general superintendent of the school | 21 | | district to which the request for information concerning the | 22 | | applicant is made, and this fact may be disclosed only in cases | 23 | | where the employee and the general superintendent have not been | 24 | | informed by the Department that the allegations were unfounded. | 25 | | An employee of a school district who is or has been the subject | 26 | | of a report made pursuant to this Act during his or her |
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| 1 | | employment with the school district must be informed by that | 2 | | school district that if he or she applies for employment with | 3 | | another school district, the general superintendent of the | 4 | | former school district, upon the request of the school district | 5 | | to which the employee applies, shall notify that requesting | 6 | | school district that the employee is or was the subject of such | 7 | | a report.
| 8 | | Whenever
such person submits a is required to report under | 9 | | this Act in his capacity as a member of
the staff of a medical | 10 | | or other public or private institution, school, facility
or | 11 | | agency, or as a member of the clergy, he shall
make report | 12 | | immediately to the Department in accordance
with the provisions | 13 | | of this Act and may also notify the person in charge of
such | 14 | | institution, school, facility or agency, or church, synagogue, | 15 | | temple,
mosque, or other religious institution, or his
| 16 | | designated agent that such
report has been made. Under no | 17 | | circumstances shall any person in charge of
such institution, | 18 | | school, facility or agency, or church, synagogue, temple,
| 19 | | mosque, or other religious institution, or his
designated agent | 20 | | to whom
such notification has been made, exercise any control, | 21 | | restraint, modification
or other change in the report or the | 22 | | forwarding of such report to the
Department.
| 23 | | The privileged quality of communication between any | 24 | | professional
person required to report
and his patient or | 25 | | client shall not apply to situations involving abused or
| 26 | | neglected children and shall not constitute grounds for failure |
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| 1 | | to report
as required by this Act or constitute grounds for | 2 | | failure to share information or documents with the Department | 3 | | during the course of a child abuse or neglect investigation. If | 4 | | requested by the professional, the Department shall confirm in | 5 | | writing that the information or documents disclosed by the | 6 | | professional were gathered in the course of a child abuse or | 7 | | neglect investigation.
| 8 | | The reporting requirements of this Act shall not apply to | 9 | | the contents of a privileged communication between an attorney | 10 | | and his or her client or to confidential information within the | 11 | | meaning of Rule 1.6 of the Illinois Rules of Professional | 12 | | Conduct relating to the legal representation of an individual | 13 | | client. | 14 | | A member of the clergy may claim the privilege under | 15 | | Section 8-803 of the
Code of Civil Procedure.
| 16 | | Any office, clinic, or any other physical location that | 17 | | provides abortions, abortion referrals, or contraceptives | 18 | | shall provide to all employees office personnel copies of | 19 | | written information and training materials about abuse and | 20 | | neglect and the requirements of this Act that are provided to | 21 | | employees of the office, clinic, or physical location who are | 22 | | required to make reports to the Department under this Act, and | 23 | | instruct such office personnel to bring to the attention of an | 24 | | employee of the office, clinic, or physical location who is | 25 | | required to make reports to the Department under this Act any | 26 | | reasonable suspicion that a child known to him or her in his or |
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| 1 | | her professional or official capacity may be an abused child or | 2 | | a neglected child. In addition to the above persons required to
| 3 | | report suspected cases of abused or neglected children, any | 4 | | other person
may make a report if such person has reasonable | 5 | | cause to believe a child
may be an abused child or a neglected | 6 | | 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 | | Within one year of initial employment and at least every 5 | 17 | | years thereafter, school personnel required to report child | 18 | | abuse as provided under this Section must complete mandated | 19 | | reporter training by a provider or agency with expertise in | 20 | | recognizing and reporting child abuse. | 21 | | 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.
| 25 | | Any person who knowingly transmits a false report to the | 26 | | Department
commits the offense of disorderly conduct under |
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| 1 | | subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. | 2 | | A violation of this provision is a Class 4 felony.
| 3 | | Any person who knowingly and willfully violates any | 4 | | provision of this
Section other than a second or subsequent | 5 | | violation of transmitting a
false report as described in the
| 6 | | preceding paragraph, is guilty of a
Class A misdemeanor for
a | 7 | | first violation and a Class
4 felony for a
second or subsequent | 8 | | violation; except that if the person acted as part
of a plan or | 9 | | scheme having as its object the
prevention of discovery of an | 10 | | abused or neglected child by lawful authorities
for the
purpose | 11 | | of protecting or insulating any person or entity from arrest or
| 12 | | prosecution, the
person is guilty of a Class 4 felony for a | 13 | | first offense and a Class 3 felony
for a second or
subsequent | 14 | | offense (regardless of whether the second or subsequent offense
| 15 | | involves any
of the same facts or persons as the first or other | 16 | | prior offense).
| 17 | | A child whose parent, guardian or custodian in good faith | 18 | | selects and depends
upon spiritual means through prayer alone | 19 | | for the treatment or cure of
disease or remedial care may be | 20 | | considered neglected or abused, but not for
the sole reason | 21 | | that his parent, guardian or custodian accepts and
practices | 22 | | such beliefs.
| 23 | | A child shall not be considered neglected or abused solely | 24 | | because the
child is not attending school in accordance with | 25 | | the requirements of
Article 26 of the School Code, as amended.
| 26 | | Nothing in this Act prohibits a mandated reporter who |
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| 1 | | reasonably believes that an animal is being abused or neglected | 2 | | in violation of the Humane Care for Animals Act from reporting | 3 | | animal abuse or neglect to the Department of Agriculture's | 4 | | Bureau of Animal Health and Welfare. | 5 | | A home rule unit may not regulate the reporting of child | 6 | | abuse or neglect in a manner inconsistent with the provisions | 7 | | of this Section. This Section is a limitation under subsection | 8 | | (i) of Section 6 of Article VII of the Illinois Constitution on | 9 | | the concurrent exercise by home rule units of powers and | 10 | | functions exercised by the State. | 11 | | For purposes of this Section "child abuse or neglect" | 12 | | includes abuse or neglect of an adult resident as defined in | 13 | | this Act. | 14 | | (Source: P.A. 97-189, eff. 7-22-11; 97-254, eff. 1-1-12; | 15 | | 97-387, eff. 8-15-11; 97-711, eff. 6-27-12; 97-813, eff. | 16 | | 7-13-12; 97-1150, eff. 1-25-13; 98-67, eff. 7-15-13; 98-214, | 17 | | eff. 8-9-13; 98-408, eff. 7-1-14; 98-756, eff. 7-16-14.)
| 18 | | (325 ILCS 5/4.1) (from Ch. 23, par. 2054.1)
| 19 | | Sec. 4.1.
Any person required to report under this Act who | 20 | | has reasonable
cause to suspect that a child has died as a | 21 | | result of abuse or neglect
shall also immediately report his | 22 | | suspicion to the appropriate medical
examiner or coroner. Any | 23 | | other person who has reasonable cause to believe
that a child | 24 | | has died as a result of abuse or neglect may report his
| 25 | | suspicion to the appropriate medical examiner or coroner. The |
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| 1 | | medical
examiner or coroner shall investigate the report and | 2 | | communicate his
apparent gross findings, orally, immediately | 3 | | upon completion of the gross
autopsy, but in all cases within | 4 | | 72 hours and within
21 days in writing, to the local law | 5 | | enforcement agency, the appropriate
State's attorney, the | 6 | | Department and, if the institution making the report
is a | 7 | | hospital, the hospital. The child protective investigator | 8 | | assigned
to the death investigation shall have the right to | 9 | | require a copy of the
completed autopsy report from the coroner | 10 | | or medical examiner.
| 11 | | (Source: P.A. 85-193.)
| 12 | | (325 ILCS 5/4.4a) | 13 | | Sec. 4.4a. Department of Children and Family Services duty | 14 | | to report to Department of Human Services' Office of Inspector | 15 | | General. Whenever the Department receives, by means of its | 16 | | statewide toll-free telephone number established under Section | 17 | | 7.6 for the purpose of reporting suspected child abuse or | 18 | | neglect or by any other means or from any mandated reporter | 19 | | under Section 4 of this Act, a report of suspected abuse, | 20 | | neglect, or financial exploitation of an adult with a | 21 | | disability between the ages of 18 and 59 and who is not | 22 | | residing in a DCFS licensed facility, the Department shall | 23 | | instruct the reporter to contact the Department of Human | 24 | | Services' Office of the Inspector General and shall provide the | 25 | | reporter with the statewide, 24-hour toll-free telephone |
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| 1 | | number established and maintained by the Department of Human | 2 | | Services' Office of the Inspector General.
| 3 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 4 | | (325 ILCS 5/7.6) (from Ch. 23, par. 2057.6)
| 5 | | Sec. 7.6.
There shall be a single State-wide, toll-free | 6 | | telephone number
established and maintained by the Department | 7 | | which all persons , whether
or not mandated by law, may use to | 8 | | report suspected child abuse
or neglect at any hour of the day | 9 | | or night, on any day of the week. Immediately
upon receipt of | 10 | | such reports, the Department shall transmit the contents
of the | 11 | | report, either orally or electronically, to the appropriate | 12 | | Child
Protective Service Unit. Any other person may use the | 13 | | State-wide number
to obtain assistance or information | 14 | | concerning the handling of child abuse
and neglect cases.
| 15 | | Wherever the Statewide number is posted, there shall also | 16 | | be posted the
following notice:
| 17 | | "Any person who knowingly transmits a false report to the | 18 | | Department
commits the offense of disorderly conduct under | 19 | | subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. | 20 | | A violation of this subsection is a Class 4 felony."
| 21 | | (Source: P.A. 97-189, eff. 7-22-11; 97-1150, eff. 1-25-13.)
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