Full Text of HB3288 100th General Assembly
HB3288ham001 100TH GENERAL ASSEMBLY | Rep. Kelly M. Cassidy Filed: 3/24/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3288
| 2 | | AMENDMENT NO. ______. Amend House Bill 3288 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. The Foster Parent Law is amended by changing | 5 | | Section 1-20 as follows:
| 6 | | (20 ILCS 520/1-20)
| 7 | | Sec. 1-20. Foster parent responsibilities. A foster | 8 | | parent's
responsibilities include, but are not limited to, the | 9 | | following:
| 10 | | (1) The responsibility to openly communicate and share | 11 | | information about
the child with other members of the child | 12 | | welfare team.
| 13 | | (2) The responsibility to respect the confidentiality | 14 | | of information
concerning foster children and their | 15 | | families and act appropriately within
applicable | 16 | | confidentiality laws and regulations.
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| 1 | | (3) The responsibility to advocate for children in the | 2 | | foster parent's
care.
| 3 | | (4) The responsibility to treat children in the foster | 4 | | parent's care and
the children's families with dignity, | 5 | | respect, and consideration.
| 6 | | (5) The responsibility to recognize the foster | 7 | | parent's own individual
and familial strengths and | 8 | | limitations when deciding whether to accept a child
into | 9 | | care; and the responsibility to recognize the foster | 10 | | parent's own support
needs and utilize appropriate | 11 | | supports in providing care for foster children.
| 12 | | (6) The responsibility to be aware of the benefits of | 13 | | relying on and
affiliating with other foster parents and | 14 | | foster parent associations in
improving the quality of care | 15 | | and service to children and families.
| 16 | | (7) The responsibility to assess the foster parent's | 17 | | ongoing individual
training needs and take action to meet | 18 | | those needs.
| 19 | | (8) The responsibility to develop and assist in | 20 | | implementing strategies
to prevent placement disruptions, | 21 | | recognizing the traumatic impact of placement
disruptions | 22 | | on a foster child and all members of the foster family; and | 23 | | the
responsibility to provide emotional support for the | 24 | | foster children and
members of the foster family if | 25 | | preventive strategies fail and placement
disruptions | 26 | | occur.
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| 1 | | (9) The responsibility to know the impact foster | 2 | | parenting has on
individuals and family relationships; and | 3 | | the responsibility to endeavor to
minimize, as much as | 4 | | possible, any stress that results from foster parenting.
| 5 | | (10) The responsibility to know the rewards and | 6 | | benefits to children,
parents, families, and society that | 7 | | come from foster parenting and to promote
the foster | 8 | | parenting experience in a positive way.
| 9 | | (11) The responsibility to know the roles, rights, and | 10 | | responsibilities
of foster parents, other professionals in | 11 | | the child welfare system, the foster
child, and the foster | 12 | | child's own family.
| 13 | | (12) The responsibility to know and, as necessary, | 14 | | fulfill the foster
parent's responsibility to serve as a | 15 | | professional mandated reporter of suspected child
abuse or | 16 | | neglect under the Abused and Neglected Child Reporting Act; | 17 | | and the
responsibility to know the child welfare agency's | 18 | | policy regarding allegations
that foster parents have | 19 | | committed child abuse or neglect and applicable
| 20 | | administrative rules and procedures governing | 21 | | investigations of those
allegations.
| 22 | | (13) The responsibility to know and receive training | 23 | | regarding the
purpose of administrative case reviews, | 24 | | client service plans, and court
processes, as well as any | 25 | | filing or time requirements associated with those
| 26 | | proceedings; and the responsibility to actively |
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| 1 | | participate in the foster
parent's designated role in these | 2 | | proceedings.
| 3 | | (14) The responsibility to know the child welfare | 4 | | agency's appeal
procedure for foster parents and the rights | 5 | | of foster parents under the
procedure.
| 6 | | (15) The responsibility to know and understand the | 7 | | importance of
maintaining accurate and relevant records | 8 | | regarding the child's history and
progress; and the | 9 | | responsibility to be aware of and follow the procedures and
| 10 | | regulations of the child welfare agency with which the | 11 | | foster parent is
licensed or affiliated.
| 12 | | (16) The responsibility to share information, through | 13 | | the child welfare
team, with the subsequent caregiver | 14 | | (whether the child's parent or another
substitute | 15 | | caregiver) regarding the child's adjustment in the foster | 16 | | parent's
home.
| 17 | | (17) The responsibility to provide care and services | 18 | | that are respectful
of and responsive to the child's | 19 | | cultural needs and are supportive of the
relationship | 20 | | between the child and his or her own family; the | 21 | | responsibility to
recognize the increased importance of | 22 | | maintaining a child's cultural identity
when the race or | 23 | | culture of the foster family differs from that of the | 24 | | foster
child; and the responsibility to take action to | 25 | | address these issues.
| 26 | | (Source: P.A. 89-19, eff. 6-3-95.)
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| 1 | | Section 5. The Abused and Neglected Child Reporting Act is | 2 | | amended by changing Sections 3, 4, 4.4, 4.4a, 4.4b, 7, 7.3b, | 3 | | 7.7, 7.21, 10, and 11.2 as follows: | 4 | | (325 ILCS 5/3) (from Ch. 23, par. 2053) | 5 | | Sec. 3. As used in this Act unless the context otherwise | 6 | | requires: | 7 | | "Adult resident" means any person between 18 and 22 years | 8 | | of age who resides in any facility licensed by the Department | 9 | | under the Child Care Act of 1969. For purposes of this Act, the | 10 | | criteria set forth in the definitions of "abused child" and | 11 | | "neglected child" shall be used in determining whether an adult | 12 | | resident is abused or neglected. | 13 | | "Agency" means a child care facility licensed under Section | 14 | | 2.05 or Section 2.06 of the Child Care Act of 1969 and includes | 15 | | a transitional living program that accepts children and adult | 16 | | residents for placement who are in the guardianship of the | 17 | | Department. | 18 | | "Blatant disregard" means an incident where the real, | 19 | | significant, and imminent risk of harm would be so obvious to a | 20 | | reasonable parent or caretaker that it is unlikely that a | 21 | | reasonable parent or caretaker would have exposed the child to | 22 | | the danger without exercising precautionary measures to | 23 | | protect the child from harm. With respect to a person working | 24 | | at an agency in his or her professional capacity with a child |
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| 1 | | or adult resident, "blatant disregard" includes a failure by | 2 | | the person to perform job responsibilities intended to protect | 3 | | the child's or adult resident's health, physical well-being, or | 4 | | welfare, and, when viewed in light of the surrounding | 5 | | circumstances, evidence exists that would cause a reasonable | 6 | | person to believe that the child was neglected. With respect to | 7 | | an agency, "blatant disregard" includes a failure to implement | 8 | | practices that ensure the health, physical well-being, or | 9 | | welfare of the children and adult residents residing in the | 10 | | facility. | 11 | | "Child" means any person under the age of 18 years, unless | 12 | | legally
emancipated by reason of marriage or entry into a | 13 | | branch of the United
States armed services. | 14 | | "Department" means Department of Children and Family | 15 | | Services. | 16 | | "Local law enforcement agency" means the police of a city, | 17 | | town,
village or other incorporated area or the sheriff of an | 18 | | unincorporated
area or any sworn officer of the Illinois | 19 | | Department of State Police. | 20 | | "Abused child"
means a child whose parent or immediate | 21 | | family
member,
or any person responsible for the child's | 22 | | welfare, or any individual
residing in the same home as the | 23 | | child, or a paramour of the child's parent: | 24 | | (a) inflicts, causes to be inflicted, or allows to be
| 25 | | inflicted upon
such child physical injury, by other than | 26 | | accidental means, which causes
death, disfigurement, |
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| 1 | | impairment of physical or
emotional health, or loss or | 2 | | impairment of any bodily function; | 3 | | (b) creates a substantial risk of physical injury to | 4 | | such
child by
other than accidental means which would be | 5 | | likely to cause death,
disfigurement, impairment of | 6 | | physical or emotional health, or loss or
impairment of any | 7 | | bodily function; | 8 | | (c) commits or allows to be committed any sex offense | 9 | | against
such child,
as such sex offenses are defined in the | 10 | | Criminal Code of 2012 or in the Wrongs to Children Act,
and | 11 | | extending those definitions of sex offenses to include | 12 | | children under
18 years of age; | 13 | | (d) commits or allows to be committed an act or acts of
| 14 | | torture upon
such child; | 15 | | (e) inflicts excessive corporal punishment or, in the | 16 | | case of a person working for an agency who is prohibited | 17 | | from using corporal punishment, inflicts corporal | 18 | | punishment upon a child or adult resident with whom the | 19 | | person is working in his or her professional capacity; | 20 | | (f) commits or allows to be committed
the offense of
| 21 | | female
genital mutilation, as defined in Section 12-34 of | 22 | | the Criminal Code of
2012, against the child; | 23 | | (g) causes to be sold, transferred, distributed, or | 24 | | given to
such child
under 18 years of age, a controlled | 25 | | substance as defined in Section 102 of the
Illinois | 26 | | Controlled Substances Act in violation of Article IV of the |
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| 1 | | Illinois
Controlled Substances Act or in violation of the | 2 | | Methamphetamine Control and Community Protection Act, | 3 | | except for controlled substances that are prescribed
in | 4 | | accordance with Article III of the Illinois Controlled | 5 | | Substances Act and
are dispensed to such child in a manner | 6 | | that substantially complies with the
prescription; or | 7 | | (h) commits or allows to be committed the offense of | 8 | | involuntary servitude, involuntary sexual servitude of a | 9 | | minor, or trafficking in persons as defined in Section 10-9 | 10 | | of the Criminal Code of 2012 against the child. | 11 | | A child shall not be considered abused for the sole reason | 12 | | that the child
has been relinquished in accordance with the | 13 | | Abandoned Newborn Infant
Protection Act. | 14 | | "Neglected child" means any child who is not receiving the | 15 | | proper or
necessary nourishment or medically indicated | 16 | | treatment including food or care
not provided solely on the | 17 | | basis of the present or anticipated mental or
physical | 18 | | impairment as determined by a physician acting alone or in
| 19 | | consultation with other physicians or otherwise is not | 20 | | receiving the proper or
necessary support or medical or other | 21 | | remedial care recognized under State law
as necessary for a | 22 | | child's well-being, or other care necessary for his or her
| 23 | | well-being, including adequate food, clothing and shelter; or | 24 | | who is subjected to an environment which is injurious insofar | 25 | | as (i) the child's environment creates a likelihood of harm to | 26 | | the child's health, physical well-being, or welfare and (ii) |
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| 1 | | the likely harm to the child is the result of a blatant | 2 | | disregard of parent, caretaker, or agency responsibilities; or | 3 | | who is abandoned
by his or her parents or other person | 4 | | responsible for the child's welfare
without a proper plan of | 5 | | care; or who has been provided with interim crisis intervention | 6 | | services under
Section 3-5 of
the Juvenile Court Act of 1987 | 7 | | and whose parent, guardian, or custodian refuses to
permit
the | 8 | | child to return home and no other living arrangement agreeable
| 9 | | to the parent, guardian, or custodian can be made, and the | 10 | | parent, guardian, or custodian has not made any other | 11 | | appropriate living arrangement for the child; or who is a | 12 | | newborn infant whose blood, urine,
or meconium
contains any | 13 | | amount of a controlled substance as defined in subsection (f) | 14 | | of
Section 102 of the Illinois Controlled Substances Act or a | 15 | | metabolite thereof,
with the exception of a controlled | 16 | | substance or metabolite thereof whose
presence in the newborn | 17 | | infant is the result of medical treatment administered
to the | 18 | | mother or the newborn infant. A child shall not be considered | 19 | | neglected
for the sole reason that the child's parent or other | 20 | | person responsible for his
or her welfare has left the child in | 21 | | the care of an adult relative for any
period of time. A child | 22 | | shall not be considered neglected for the sole reason
that the | 23 | | child has been relinquished in accordance with the Abandoned | 24 | | Newborn
Infant Protection Act. A child shall not be considered | 25 | | neglected or abused
for the
sole reason that such child's | 26 | | parent or other person responsible for his or her
welfare |
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| 1 | | depends upon spiritual means through prayer alone for the | 2 | | treatment or
cure of disease or remedial care as provided under | 3 | | Section 4 of this Act. A
child shall not be considered | 4 | | neglected or abused solely because the child is
not attending | 5 | | school in accordance with the requirements of Article 26 of The
| 6 | | School Code, as amended. | 7 | | "Child Protective Service Unit" means certain specialized | 8 | | State employees of
the Department assigned by the Director to | 9 | | perform the duties and
responsibilities as provided under | 10 | | Section 7.2 of this Act. | 11 | | "Person responsible for the child's welfare" means the | 12 | | child's parent;
guardian; foster parent; relative caregiver; | 13 | | any person responsible for the
child's welfare in a public or | 14 | | private residential agency or institution; any
person | 15 | | responsible for the child's welfare within a public or private | 16 | | profit or
not for profit child care facility; or any other | 17 | | person responsible for the
child's welfare at the time of the | 18 | | alleged abuse or neglect, including any person that is the | 19 | | custodian of a child under 18 years of age who commits or | 20 | | allows to be committed, against the child, the offense of | 21 | | involuntary servitude, involuntary sexual servitude of a | 22 | | minor, or trafficking in persons for forced labor or services, | 23 | | as provided in Section 10-9 of the Criminal Code of 2012, or | 24 | | any person who
came to know the child through an official | 25 | | capacity or position of trust,
including but not limited to | 26 | | health care professionals, educational personnel,
recreational |
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| 1 | | supervisors, members of the clergy, and volunteers or
support | 2 | | personnel in any setting
where children may be subject to abuse | 3 | | or neglect. | 4 | | "Temporary protective custody" means custody within a | 5 | | hospital or
other medical facility or a place previously | 6 | | designated for such custody
by the Department, subject to | 7 | | review by the Court, including a licensed
foster home, group | 8 | | home, or other institution; but such place shall not
be a jail | 9 | | or other place for the detention of criminal or juvenile | 10 | | offenders. | 11 | | "An unfounded report" means any report made under this Act | 12 | | for which
it is determined after an investigation that no | 13 | | credible evidence of
abuse or neglect exists. | 14 | | "An indicated report" means a report made under this Act if | 15 | | an
investigation determines that credible evidence of the | 16 | | alleged
abuse or neglect exists. | 17 | | "An undetermined report" means any report made under this | 18 | | Act in
which it was not possible to initiate or complete an | 19 | | investigation on
the basis of information provided to the | 20 | | Department. | 21 | | "Subject of report" means any child reported to the central | 22 | | register
of child abuse and neglect established under Section | 23 | | 7.7 of this Act as an alleged victim of child abuse or neglect | 24 | | and
the parent or guardian of the alleged victim or other | 25 | | person responsible for the alleged victim's welfare who is | 26 | | named in the report or added to the report as an alleged |
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| 1 | | perpetrator of child abuse or neglect. | 2 | | "Perpetrator" means a person who, as a result of | 3 | | investigation, has
been determined by the Department to have | 4 | | caused child abuse or neglect. | 5 | | "Member of the clergy" means a clergyman or practitioner of | 6 | | any religious
denomination accredited by the religious body to | 7 | | which he or she belongs. | 8 | | "Professional mandated reporter" means a person listed in | 9 | | subsection (b) of Section 4 of this Act. | 10 | | (Source: P.A. 99-350, eff. 6-1-16 .)
| 11 | | (325 ILCS 5/4)
| 12 | | Sec. 4. Persons required to report; privileged | 13 | | communications;
transmitting false report. | 14 | | (a) Any adult person, agency, organization, or entity that | 15 | | has reasonable cause to believe a child may be an abused child | 16 | | or a neglected child shall immediately report or cause a report | 17 | | to be made to the Department. | 18 | | (b) The following professional mandated reporters having | 19 | | reasonable cause to believe a child known to them in their | 20 | | professional
or official capacity may be an abused child or a | 21 | | neglected child shall
immediately report or cause a report to | 22 | | be made to the Department: any Any physician, resident, intern, | 23 | | hospital,
hospital administrator
and personnel engaged in | 24 | | examination, care and treatment of persons, surgeon,
dentist, | 25 | | dentist hygienist, osteopath, chiropractor, podiatric |
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| 1 | | physician, physician
assistant, substance abuse treatment | 2 | | personnel, funeral home
director or employee, coroner, medical | 3 | | examiner, emergency medical technician,
acupuncturist, crisis | 4 | | line or hotline personnel, school personnel (including | 5 | | administrators and both certified and non-certified school | 6 | | employees), personnel of institutions of higher education, | 7 | | educational
advocate assigned to a child pursuant to the School | 8 | | Code, member of a school board or the Chicago Board of | 9 | | Education or the governing body of a private school (but only | 10 | | to the extent required in accordance with other provisions of | 11 | | this Section expressly concerning the duty of school board | 12 | | members to report suspected child abuse), truant officers,
| 13 | | social worker, social services administrator,
domestic | 14 | | violence program personnel, children's advocacy center | 15 | | personnel, registered nurse, licensed
practical nurse, genetic | 16 | | counselor,
respiratory care practitioner, advanced practice | 17 | | nurse, home
health aide, director or staff
assistant of a | 18 | | nursery school or a child day care center, recreational or | 19 | | athletic program
or facility personnel, early intervention | 20 | | provider as defined in the Early Intervention Services System | 21 | | Act, law enforcement officer, licensed professional
counselor, | 22 | | licensed clinical professional counselor, registered | 23 | | psychologist
and
assistants working under the direct | 24 | | supervision of a psychologist,
psychiatrist, or field | 25 | | personnel of the Department of Healthcare and Family Services,
| 26 | | Juvenile Justice, Public Health, Human Services (acting as |
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| 1 | | successor to the Department of Mental
Health and Developmental | 2 | | Disabilities, Rehabilitation Services, or Public Aid),
| 3 | | Corrections, Human Rights, or Children and Family Services, | 4 | | supervisor and
administrator of general assistance under the | 5 | | Illinois Public Aid Code,
probation officer, animal control | 6 | | officer or Illinois Department of Agriculture Bureau of Animal | 7 | | Health and Welfare field investigator, or any other foster | 8 | | parent, homemaker , or child care worker having reasonable cause | 9 | | to believe a child known to them in their professional
or | 10 | | official capacity may be an abused child or a neglected child | 11 | | shall
immediately report or cause a report to be made to the | 12 | | Department .
| 13 | | Any member of the clergy having reasonable cause to believe | 14 | | that a child
known to that member of the clergy in his or her | 15 | | professional capacity may be
an abused child as defined in item | 16 | | (c) of the definition of "abused child" in
Section 3 of this | 17 | | Act shall immediately report or cause a report to be made to
| 18 | | the Department.
| 19 | | Any physician, physician's assistant, registered nurse, | 20 | | licensed practical nurse, medical technician, certified | 21 | | nursing assistant, social worker, or licensed professional | 22 | | counselor of any office, clinic, or any other physical location | 23 | | that provides abortions, abortion referrals, or contraceptives | 24 | | having reasonable cause to believe a child known to him or her | 25 | | in his or her professional
or official capacity may be an | 26 | | abused child or a neglected child shall
immediately report or |
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| 1 | | cause a report to be made to the Department. | 2 | | If an allegation is raised to a school board member during | 3 | | the course of an open or closed school board meeting that a | 4 | | child who is enrolled in the school district of which he or she | 5 | | is a board member is an abused child as defined in Section 3 of | 6 | | this Act, the member shall direct or cause the school board to | 7 | | direct the superintendent of the school district or other | 8 | | equivalent school administrator to comply with the | 9 | | requirements of this Act concerning the reporting of child | 10 | | abuse. For purposes of this paragraph, a school board member is | 11 | | granted the authority in his or her individual capacity to | 12 | | direct the superintendent of the school district or other | 13 | | equivalent school administrator to comply with the | 14 | | requirements of this Act concerning the reporting of child | 15 | | abuse.
| 16 | | Notwithstanding any other provision of this Act, if an | 17 | | employee of a school district has made a report or caused a | 18 | | report to be made to the Department under this Act involving | 19 | | the conduct of a current or former employee of the school | 20 | | district and a request is made by another school district for | 21 | | the provision of information concerning the job performance or | 22 | | qualifications of the current or former employee because he or | 23 | | she is an applicant for employment with the requesting school | 24 | | district, the general superintendent of the school district to | 25 | | which the request is being made must disclose to the requesting | 26 | | school district the fact that an employee of the school |
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| 1 | | district has made a report involving the conduct of the | 2 | | applicant or caused a report to be made to the Department, as | 3 | | required under this Act. Only the fact that an employee of the | 4 | | school district has made a report involving the conduct of the | 5 | | applicant or caused a report to be made to the Department may | 6 | | be disclosed by the general superintendent of the school | 7 | | district to which the request for information concerning the | 8 | | applicant is made, and this fact may be disclosed only in cases | 9 | | where the employee and the general superintendent have not been | 10 | | informed by the Department that the allegations were unfounded. | 11 | | An employee of a school district who is or has been the subject | 12 | | of a report made pursuant to this Act during his or her | 13 | | employment with the school district must be informed by that | 14 | | school district that if he or she applies for employment with | 15 | | another school district, the general superintendent of the | 16 | | former school district, upon the request of the school district | 17 | | to which the employee applies, shall notify that requesting | 18 | | school district that the employee is or was the subject of such | 19 | | a report.
| 20 | | Whenever
such person is required to report under this Act | 21 | | in his capacity as a member of
the staff of a medical or other | 22 | | public or private institution, school, facility
or agency, or | 23 | | as a member of the clergy, he shall
make report immediately to | 24 | | the Department in accordance
with the provisions of this Act | 25 | | and may also notify the person in charge of
such institution, | 26 | | school, facility or agency, or church, synagogue, temple,
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| 1 | | mosque, or other religious institution, or his
designated agent | 2 | | that such
report has been made. Under no circumstances shall | 3 | | any person in charge of
such institution, school, facility or | 4 | | agency, or church, synagogue, temple,
mosque, or other | 5 | | religious institution, or his
designated agent to whom
such | 6 | | notification has been made, exercise any control, restraint, | 7 | | modification
or other change in the report or the forwarding of | 8 | | such report to the
Department.
| 9 | | (c) The privileged quality of communication between any | 10 | | professional
person required to report
and his patient or | 11 | | client shall not apply to situations involving abused or
| 12 | | neglected children and shall not constitute grounds for failure | 13 | | to report
as required by this Act or constitute grounds for | 14 | | failure to share information or documents with the Department | 15 | | during the course of a child abuse or neglect investigation. If | 16 | | requested by the professional, the Department shall confirm in | 17 | | writing that the information or documents disclosed by the | 18 | | professional were gathered in the course of a child abuse or | 19 | | neglect investigation.
| 20 | | The reporting requirements of this Act shall not apply to | 21 | | the contents of a privileged communication between an attorney | 22 | | and his or her client or to confidential information within the | 23 | | meaning of Rule 1.6 of the Illinois Rules of Professional | 24 | | Conduct relating to the legal representation of an individual | 25 | | client. | 26 | | A member of the clergy may claim the privilege under |
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| 1 | | Section 8-803 of the
Code of Civil Procedure.
| 2 | | (d) Any office, clinic, or any other physical location that | 3 | | provides abortions, abortion referrals, or contraceptives | 4 | | shall provide to all office personnel copies of written | 5 | | information and training materials about abuse and neglect and | 6 | | the requirements of this Act that are provided to employees of | 7 | | the office, clinic, or physical location who are required to | 8 | | make reports to the Department under this Act, and instruct | 9 | | such office personnel to bring to the attention of an employee | 10 | | of the office, clinic, or physical location who is required to | 11 | | make reports to the Department under this Act any reasonable | 12 | | suspicion that a child known to him or her in his or her | 13 | | professional or official capacity may be an abused child or a | 14 | | neglected child. In addition to the above persons required to
| 15 | | report suspected cases of abused or neglected children, any | 16 | | other person
may make a report if such person has reasonable | 17 | | cause to believe a child
may be an abused child or a neglected | 18 | | child.
| 19 | | (e) Any person who enters into
employment on and after July | 20 | | 1, 1986 and is mandated by virtue of that
employment to report | 21 | | under this Act, shall sign a statement on a form
prescribed by | 22 | | the Department, to the effect that the employee has knowledge
| 23 | | and understanding of the reporting requirements of this Act. | 24 | | The statement
shall be signed prior to commencement of the | 25 | | employment. The signed
statement shall be retained by the | 26 | | employer. The cost of printing,
distribution, and filing of the |
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| 1 | | statement shall be borne by the employer.
| 2 | | Within one year of initial employment and at least every 5 | 3 | | years thereafter, school personnel required to report child | 4 | | abuse as provided under this Section must complete mandated | 5 | | reporter training by a provider or agency with expertise in | 6 | | recognizing and reporting child abuse. | 7 | | The Department shall provide copies of this Act, upon | 8 | | request, to all
employers employing persons who shall be | 9 | | required under the provisions of
this Section to report under | 10 | | this Act.
| 11 | | (f) The Department shall provide copies of this Act, upon | 12 | | request, to all citizens required to report under this Act. The | 13 | | Department shall notify all citizens of Illinois of the | 14 | | requirements of this Act via a public education campaign. The | 15 | | Department shall make available to all mandated reporters | 16 | | online training regarding mandated reporting requirements and | 17 | | recognizing and reporting abuse, the Illinois Mandated | 18 | | Reporter Handbook, and a list of agencies throughout the State | 19 | | that provide mandated reporter training. | 20 | | (g) The Department shall promote public awareness of the | 21 | | State-wide, toll-free telephone number established under | 22 | | Section 7.6 of this Act and reporter requirements through | 23 | | community-based partner organizations and public service | 24 | | campaigns. | 25 | | (h) Any person who knowingly transmits a false report to | 26 | | the 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 professional mandated reporter person who knowingly | 4 | | and willfully violates any provision of this
Section other than | 5 | | a second or subsequent violation of transmitting a
false report | 6 | | as described in the
preceding paragraph, is guilty of a
Class A | 7 | | misdemeanor for
a first violation and a Class
4 felony for a
| 8 | | second or subsequent violation; except that if the person acted | 9 | | as part
of a plan or scheme having as its object the
prevention | 10 | | of discovery of an abused or neglected child by lawful | 11 | | authorities
for the
purpose of protecting or insulating any | 12 | | person or entity from arrest or
prosecution, the
person is | 13 | | guilty of a Class 4 felony for a first offense and a Class 3 | 14 | | felony
for a second or
subsequent offense (regardless of | 15 | | whether the second or subsequent offense
involves any
of the | 16 | | same facts or persons as the first or other prior offense). | 17 | | Unless the court finds that the person is a victim of domestic | 18 | | violence or that other mitigating circumstances exist, any | 19 | | other mandated reporter who knowingly and willfully violates | 20 | | any provision of this Section other than a second or subsequent | 21 | | violation of transmitting a false report as described in the | 22 | | preceding paragraph, is guilty of a civil law infraction | 23 | | punishable by a maximum fine of $200 for a first violation and | 24 | | a Class A misdemeanor for a second or subsequent violation. The | 25 | | first violation fine shall be waived by the court upon proof of | 26 | | successful completion of a course on mandated reporting |
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| 1 | | approved by the Department.
| 2 | | (i) A child whose parent, guardian or custodian in good | 3 | | faith selects and depends
upon spiritual means through prayer | 4 | | alone for the treatment or cure of
disease or remedial care may | 5 | | be considered neglected or abused, but not for
the sole reason | 6 | | that his parent, guardian or custodian accepts and
practices | 7 | | such beliefs.
| 8 | | A child shall not be considered neglected or abused solely | 9 | | because the
child is not attending school in accordance with | 10 | | the requirements of
Article 26 of the School Code, as amended.
| 11 | | (j) Nothing in this Act prohibits a mandated reporter who | 12 | | reasonably believes that an animal is being abused or neglected | 13 | | in violation of the Humane Care for Animals Act from reporting | 14 | | animal abuse or neglect to the Department of Agriculture's | 15 | | Bureau of Animal Health and Welfare. | 16 | | (k) A home rule unit may not regulate the reporting of | 17 | | child abuse or neglect in a manner inconsistent with the | 18 | | provisions of this Section. This Section is a limitation under | 19 | | subsection (i) of Section 6 of Article VII of the Illinois | 20 | | Constitution on the concurrent exercise by home rule units of | 21 | | powers and functions exercised by the State. | 22 | | (l) For purposes of this Section "child abuse or neglect" | 23 | | includes abuse or neglect of an adult resident as defined in | 24 | | this Act. | 25 | | (Source: P.A. 97-189, eff. 7-22-11; 97-254, eff. 1-1-12; | 26 | | 97-387, eff. 8-15-11; 97-711, eff. 6-27-12; 97-813, eff. |
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| 1 | | 7-13-12; 97-1150, eff. 1-25-13; 98-67, eff. 7-15-13; 98-214, | 2 | | eff. 8-9-13; 98-408, eff. 7-1-14; 98-756, eff. 7-16-14.)
| 3 | | (325 ILCS 5/4.4) | 4 | | Sec. 4.4. DCFS duty to report to State's Attorney. Whenever | 5 | | the Department receives, by means of its statewide toll-free | 6 | | telephone number established under Section 7.6 for the purpose | 7 | | of reporting suspected child abuse or neglect or by any other | 8 | | means or from any professional mandated reporter or other | 9 | | person required to report under Section 4, a report of a | 10 | | newborn infant whose blood, urine, or meconium contains any | 11 | | amount of a controlled substance as defined in subsection (f) | 12 | | of Section 102 of the Illinois Controlled Substances Act or a | 13 | | metabolite thereof,
with the exception of a controlled | 14 | | substance or metabolite thereof whose
presence in the newborn | 15 | | infant is the result of medical treatment administered
to the | 16 | | mother or the newborn infant, the Department must immediately | 17 | | report that information to the State's Attorney of the county | 18 | | in which the infant was born.
| 19 | | (Source: P.A. 95-361, eff. 8-23-07.) | 20 | | (325 ILCS 5/4.4a) | 21 | | Sec. 4.4a. Department of Children and Family Services duty | 22 | | to report to Department of Human Services' Office of Inspector | 23 | | General. Whenever the Department receives, by means of its | 24 | | statewide toll-free telephone number established under Section |
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| 1 | | 7.6 for the purpose of reporting suspected child abuse or | 2 | | neglect or by any other means or from any professional mandated | 3 | | reporter or other person required to report under Section 4 of | 4 | | this Act, a report of suspected abuse, neglect, or financial | 5 | | exploitation of an adult with a disability between the ages of | 6 | | 18 and 59 and who is not residing in a DCFS licensed facility, | 7 | | the Department shall instruct the reporter to contact the | 8 | | Department of Human Services' Office of the Inspector General | 9 | | and shall provide the reporter with the statewide, 24-hour | 10 | | toll-free telephone number established and maintained by the | 11 | | Department of Human Services' Office of the Inspector General.
| 12 | | (Source: P.A. 99-143, eff. 7-27-15.) | 13 | | (325 ILCS 5/4.4b) | 14 | | Sec. 4.4b. Department of Children and Family Services' duty | 15 | | to report to a Department of Defense Family Advocacy Program. | 16 | | Whenever the Department receives, by means of its statewide | 17 | | toll-free telephone number established under Section 7.6 for | 18 | | the purpose of reporting suspected child abuse or neglect or by | 19 | | any other means or from any professional mandated reporter or | 20 | | other person required to report under Section 4 of this Act, a | 21 | | report of suspected abuse or neglect of a child and the child's | 22 | | parent or guardian is named in the report as the alleged | 23 | | perpetrator of the child abuse or neglect, the Department shall | 24 | | make efforts as soon as practicable to determine the military | 25 | | status of the parent or guardian. If the Department determines |
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| 1 | | that the parent or guardian is a service member, the Department | 2 | | shall notify the geographically closest Department of Defense | 3 | | Family Advocacy Program within the State that there is an | 4 | | allegation of abuse or neglect against the parent or guardian | 5 | | that is open for investigation. If the Department determines | 6 | | that a person or guardian is a member of the Illinois National | 7 | | Guard, the Department shall also notify the Office of the | 8 | | Adjutant General that there is an allegation of abuse or | 9 | | neglect against the parent or guardian that is open for | 10 | | investigation. | 11 | | As used in this Section, "service member" means an Illinois | 12 | | resident who is a member of any component of the United States | 13 | | Armed Forces, including the Illinois National Guard or any | 14 | | reserve component of the United States Armed Forces.
| 15 | | (Source: P.A. 99-638, eff. 1-1-17.)
| 16 | | (325 ILCS 5/7) (from Ch. 23, par. 2057)
| 17 | | Sec. 7. Time and manner of making reports. All reports of | 18 | | suspected
child abuse or neglect made
under this Act shall be | 19 | | made immediately by telephone to the central register
| 20 | | established under Section 7.7 on the single, State-wide, | 21 | | toll-free telephone
number established in Section 7.6, or in | 22 | | person or by telephone through
the nearest Department office. | 23 | | The Department shall, in cooperation with
school officials, | 24 | | distribute
appropriate materials in school buildings
listing | 25 | | the toll-free telephone number established in Section 7.6,
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| 1 | | including methods of making a report under this Act.
The | 2 | | Department may, in cooperation with appropriate members of the | 3 | | clergy,
distribute appropriate materials in churches, | 4 | | synagogues, temples, mosques, or
other religious buildings | 5 | | listing the toll-free telephone number
established in Section | 6 | | 7.6, including methods of making a report under this
Act.
| 7 | | Wherever the Statewide number is posted, there shall also | 8 | | be posted the
following notice:
| 9 | | "Any person who knowingly transmits a false report to the | 10 | | Department
commits the offense of disorderly conduct under | 11 | | subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. | 12 | | A violation of this subsection is a Class 4 felony."
| 13 | | The report required by this Act shall include, if known, | 14 | | the name
and address of the child and his parents or other | 15 | | persons having his
custody; the child's age; the nature of the | 16 | | child's condition including any
evidence of previous injuries | 17 | | or disabilities; and any other information
that the person | 18 | | filing the report believes might be helpful in
establishing the | 19 | | cause of such abuse or neglect and the identity of the
person | 20 | | believed to have caused such abuse or neglect. Reports made to | 21 | | the
central register through the State-wide, toll-free | 22 | | telephone number shall
be immediately transmitted by the | 23 | | Department to the appropriate Child Protective Service
Unit. | 24 | | All such reports alleging the death of a child,
serious injury | 25 | | to a child including, but not limited to, brain damage,
skull | 26 | | fractures, subdural hematomas, and internal injuries, torture |
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| 1 | | of a
child, malnutrition of a child, and sexual abuse to a | 2 | | child, including, but
not limited to, sexual intercourse, | 3 | | sexual exploitation, sexual
molestation, and sexually | 4 | | transmitted disease in a child age
12 and under, shall also be | 5 | | immediately transmitted by the Department to the appropriate | 6 | | local law enforcement agency. The Department shall within 24 | 7 | | hours orally notify local law
enforcement personnel and the | 8 | | office of the State's Attorney of the
involved county of the | 9 | | receipt of any report alleging the death of a child,
serious | 10 | | injury to a child including, but not limited to, brain damage,
| 11 | | skull fractures, subdural hematomas, and, internal injuries, | 12 | | torture of a
child, malnutrition of a child, and sexual abuse | 13 | | to a child, including, but
not limited to, sexual intercourse, | 14 | | sexual exploitation, sexual
molestation, and sexually | 15 | | transmitted disease in a child age
twelve and under. All
oral | 16 | | reports made by the Department to local law enforcement | 17 | | personnel and
the office of the State's Attorney of the | 18 | | involved county shall be
confirmed in writing within 24
hours | 19 | | of the oral report. All reports by
persons mandated to report | 20 | | under this Act shall be confirmed in writing to
the appropriate | 21 | | Child Protective Service Unit, which may be on forms
supplied | 22 | | by the Department, within 48 hours of any initial report.
| 23 | | Written confirmation reports from persons not required to | 24 | | report by this
Act may be made to the appropriate Child | 25 | | Protective Service Unit. Written
reports from persons required | 26 | | by this Act to report shall be admissible
in evidence in any |
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| 1 | | judicial proceeding or administrative hearing relating to | 2 | | child abuse or neglect.
Reports involving known or suspected | 3 | | child abuse or neglect in public or
private residential | 4 | | agencies or institutions shall be made and received
in the same | 5 | | manner as all other reports made under this Act.
| 6 | | For purposes of this Section "child" includes an adult | 7 | | resident as defined in this Act. | 8 | | (Source: P.A. 96-1446, eff. 8-20-10; 97-189, eff. 7-22-11; | 9 | | 97-387, eff. 8-15-11; 97-813, eff. 7-13-12; 97-1150, eff. | 10 | | 1-25-13.)
| 11 | | (325 ILCS 5/7.3b) (from Ch. 23, par. 2057.3b)
| 12 | | Sec. 7.3b.
All professional mandated reporters persons | 13 | | required to report under subsection (b) of Section 4 may refer
| 14 | | to the Department of Human Services any pregnant person
in this | 15 | | State who is
addicted as defined in the Alcoholism and Other | 16 | | Drug Abuse and
Dependency
Act. The Department of Human Services | 17 | | shall notify the
local Infant
Mortality Reduction Network | 18 | | service provider or Department funded prenatal
care provider in | 19 | | the area in which the person resides. The service
provider | 20 | | shall prepare a case management plan and assist the pregnant | 21 | | woman
in obtaining counseling and treatment from a local | 22 | | substance abuse service
provider licensed by the Department of | 23 | | Human Services or a
licensed hospital which provides substance | 24 | | abuse treatment services. The
local Infant Mortality Reduction | 25 | | Network service provider and Department
funded prenatal care |
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| 1 | | provider shall monitor the pregnant woman through the
service | 2 | | program. The Department of Human Services shall have the | 3 | | authority
to promulgate rules and regulations to implement this | 4 | | Section.
| 5 | | (Source: P.A. 88-670, eff. 12-2-94; 89-507 (Sections 9C-25 and | 6 | | 9M-5), eff.
7-1-97.)
| 7 | | (325 ILCS 5/7.7) (from Ch. 23, par. 2057.7)
| 8 | | Sec. 7.7.
There shall be a central register of all cases of | 9 | | suspected
child abuse or neglect reported and maintained by the | 10 | | Department under this
Act. Through the recording of initial, | 11 | | preliminary, and final
reports, the central register shall be | 12 | | operated in such a manner as to enable
the Department to: (1) | 13 | | immediately identify and locate prior reports of
child abuse or | 14 | | neglect; (2) continuously monitor the current status
of all | 15 | | reports of child abuse or neglect being provided services under | 16 | | this
Act; and (3) regularly evaluate the effectiveness of | 17 | | existing laws and programs
through the development and analysis | 18 | | of statistical and other information.
| 19 | | The Department shall maintain in the central register a | 20 | | listing of unfounded
reports where the subject of the unfounded | 21 | | report requests that the record
not be expunged because the | 22 | | subject alleges an intentional false report
was made. Such a | 23 | | request must be made by the subject in writing to the
| 24 | | Department, within 10 days of the investigation. By January 1, | 25 | | 2014, the Department shall promulgate rules establishing |
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| 1 | | criteria and standards for labeling an unfounded report as an | 2 | | intentional false report in the central register. The rules | 3 | | shall permit the reporter to submit a statement regarding the | 4 | | report unless the reporter has been convicted of knowingly | 5 | | transmitting a false report to the Department under paragraph | 6 | | (7) of subsection (a) of Section 26-1 of the Criminal Code of | 7 | | 2012.
| 8 | | The Department shall also maintain in the central register | 9 | | a listing of
unfounded reports where the report was classified | 10 | | as a priority one or priority
two report in accordance with the | 11 | | Department's rules or the report was made by
a professional | 12 | | mandated reporter required to report person mandated to report | 13 | | suspected abuse or neglect under this Act.
| 14 | | The Department shall maintain in the central register for 3 | 15 | | years a listing
of unfounded reports involving the death of a | 16 | | child, the sexual abuse of a
child, or serious physical injury | 17 | | to a child as defined by the Department in
rules.
| 18 | | If an individual is the subject of a subsequent | 19 | | investigation that is pending, the Department shall maintain | 20 | | all prior unfounded reports pertaining to that individual until | 21 | | the pending investigation has been completed or for 12 months, | 22 | | whichever time period ends later. | 23 | | The Department shall maintain all other unfounded reports | 24 | | for 12 months following the date of the final finding. | 25 | | For purposes of this Section "child abuse or neglect" | 26 | | includes abuse or neglect of an adult resident as defined in |
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| 1 | | this Act. | 2 | | (Source: P.A. 97-333, eff. 8-12-11; 97-1089, eff. 8-24-12; | 3 | | 98-453, eff. 8-16-13.)
| 4 | | (325 ILCS 5/7.21)
| 5 | | Sec. 7.21. Multidisciplinary Review Committee.
| 6 | | (a) The Department may establish multidisciplinary review | 7 | | committees in each
region of the State to assure that | 8 | | professional mandated reporters have the ability to have
a | 9 | | review conducted on any situation where a child abuse or | 10 | | neglect report made
by them was "unfounded", and they have | 11 | | concerns about the adequacy of the
investigation.
These | 12 | | committees shall draw upon the expertise of the Child Death | 13 | | Review
Teams as necessary and practicable. Each committee will | 14 | | be composed of the
following: a
health care professional, a | 15 | | Department employee, a law enforcement official, a
licensed | 16 | | social
worker, and a representative of the State's attorney's | 17 | | office. In appointing
members of a committee, primary | 18 | | consideration shall be given to a prospective
member's prior | 19 | | experience in dealing with cases of suspected child abuse or
| 20 | | neglect.
| 21 | | (b) Whenever the Department determines that a reported | 22 | | incident of child
abuse or neglect from a professional mandated | 23 | | reporter is "unfounded", the professional mandated reporter
| 24 | | may request a review of the investigation within 10 days of the | 25 | | notification of
the final finding.
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| 1 | | A review under this subsection will be conducted by the
| 2 | | committee.
The
Department shall make available to the committee | 3 | | all information in the
Department's possession concerning the | 4 | | case. The committee shall make
recommendations to the | 5 | | Department as to the adequacy of the investigation and
of the | 6 | | accuracy of the final finding determination. These findings | 7 | | shall be
forwarded to the Regional Child Protection Manager.
| 8 | | (c) The Department shall provide complete records of these | 9 | | investigations to
the committee. Records provided to the | 10 | | committee and recommendation reports
generated by the | 11 | | committee shall not be public record.
| 12 | | (c-5) On or before October 1 of each year, the Department | 13 | | shall prepare a
report setting forth (i) the number of | 14 | | investigations
reviewed by each committee during the previous | 15 | | fiscal year and (ii) the number
of those investigations that | 16 | | the committee found to be
inadequate. The report shall also | 17 | | include a summary of the committee's
comments and a summary of | 18 | | the corrective action, if any, that
was taken in response to | 19 | | the committee's recommendations. The report shall be
a public | 20 | | record. The Department shall submit the
report to the General | 21 | | Assembly and shall make the report available to the
public upon | 22 | | request.
| 23 | | (d) The Department shall adopt rules to implement this | 24 | | Section.
| 25 | | (Source: P.A. 98-453, eff. 8-16-13.)
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| 1 | | (325 ILCS 5/10) (from Ch. 23, par. 2060)
| 2 | | Sec. 10.
Any professional mandated reporter person who | 3 | | makes a report or who investigates a report under
this Act | 4 | | shall testify fully in any judicial proceeding or | 5 | | administrative hearing resulting from such
report, as to any | 6 | | evidence of abuse or neglect, or the cause thereof. Any
person | 7 | | who is required to report a suspected case of abuse or neglect | 8 | | under
subsection (b) of Section 4 of this Act shall testify | 9 | | fully in any administrative hearing
resulting from such report, | 10 | | as to any evidence of abuse or neglect or the
cause thereof. No | 11 | | evidence shall be excluded by reason of any common law
or | 12 | | statutory privilege relating to communications between the | 13 | | alleged
perpetrator of abuse or neglect, or the child subject | 14 | | of the report under
this Act and any person who is required to | 15 | | report a suspected case of abuse or neglect under Section 4 of | 16 | | this Act or the person making or investigating the report.
| 17 | | (Source: P.A. 97-387, eff. 8-15-11.)
| 18 | | (325 ILCS 5/11.2) (from Ch. 23, par. 2061.2)
| 19 | | Sec. 11.2. Disclosure to professional mandated reporting | 20 | | source. A professional mandated reporting source as provided in | 21 | | subsection (b) of Section
4 of this Act may receive appropriate | 22 | | information about the findings and
actions taken by the Child | 23 | | Protective Service Unit in response to its report.
The | 24 | | information shall include the actions taken by the Child | 25 | | Protective
Service Unit to ensure a child's safety.
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| 1 | | (Source: P.A. 92-319, eff. 1-1-02.)
| 2 | | Section 10. The Criminal Code of 2012 is amended by | 3 | | changing Sections 11-9.1A and 11-9.1B as follows: | 4 | | (720 ILCS 5/11-9.1A)
| 5 | | Sec. 11-9.1A. Permitting sexual abuse of a child. | 6 | | (a) A person responsible for a child's welfare commits
| 7 | | permitting sexual
abuse of a child if the person has actual | 8 | | knowledge of and permits an act of
sexual
abuse upon the
child, | 9 | | or permits the child to engage in prostitution as
defined in | 10 | | Section
11-14 of this Code. | 11 | | (b) In this Section: | 12 | | "Actual knowledge" includes credible allegations made by | 13 | | the child. | 14 | | "Child" means a minor under the age of 17 years. | 15 | | "Person responsible for the child's welfare" means the | 16 | | child's parent,
step-parent, legal guardian, or other person | 17 | | having custody of a child, who is
responsible
for the child's | 18 | | care at the time of the alleged sexual abuse. | 19 | | "Prostitution" means prostitution as defined in Section | 20 | | 11-14 of this Code. | 21 | | "Sexual abuse" includes criminal sexual abuse or criminal | 22 | | sexual assault as
defined
in Section 11-1.20, 11-1.30, 11-1.40, | 23 | | 11-1.50, or 11-1.60 of this Code. | 24 | | (c) This Section does not apply to a person responsible for |
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| 1 | | the child's
welfare who, having
reason to believe that sexual | 2 | | abuse has occurred, makes timely and reasonable
efforts to
stop | 3 | | the sexual abuse by reporting the sexual abuse in conformance | 4 | | with the
Abused and
Neglected Child Reporting Act or by | 5 | | reporting the sexual abuse, or causing a
report to be made,
to | 6 | | medical or
law enforcement authorities or anyone who is a | 7 | | professional mandated reporter under subsection (b) of Section
| 8 | | 4
of the Abused and Neglected Child Reporting Act. | 9 | | (d) Whenever a law enforcement officer has reason to | 10 | | believe that the child
or the
person responsible for the | 11 | | child's welfare has been abused by a family or
household member | 12 | | as defined by the Illinois Domestic Violence Act of 1986, the
| 13 | | officer
shall immediately use all reasonable means to prevent | 14 | | further abuse under
Section 112A-30 of the Code of Criminal | 15 | | Procedure of 1963. | 16 | | (e) An order of protection under Section 111-8 of the Code | 17 | | of Criminal
Procedure of 1963 shall be sought in all cases | 18 | | where there is reason to believe
that a child has been sexually | 19 | | abused by a family or household member. In
considering | 20 | | appropriate available remedies, it shall be presumed that | 21 | | awarding
physical care or custody to the abuser is not in the | 22 | | child's best interest. | 23 | | (f) A person may not be charged with the offense of | 24 | | permitting sexual abuse
of a child under this Section until the | 25 | | person who committed the offense is
charged with criminal | 26 | | sexual assault, aggravated criminal sexual assault,
predatory
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| 1 | | criminal sexual assault of a child, criminal sexual abuse, | 2 | | aggravated
criminal sexual
abuse, or prostitution. | 3 | | (g) A person convicted of permitting the sexual abuse of a | 4 | | child is
guilty
of a Class 1
felony.
As
a condition of any | 5 | | sentence of supervision, probation, conditional discharge,
or | 6 | | mandatory
supervised release, any person convicted under this | 7 | | Section shall be ordered to
undergo
child sexual abuse, | 8 | | domestic violence, or other appropriate
counseling for a
| 9 | | specified duration with a qualified social or mental health | 10 | | worker. | 11 | | (h) It is an affirmative defense to a charge of permitting | 12 | | sexual abuse of a
child under this Section that the person | 13 | | responsible for the child's welfare
had
a reasonable | 14 | | apprehension that timely action to stop the abuse or | 15 | | prostitution
would result in the imminent infliction of death, | 16 | | great bodily harm, permanent
disfigurement, or permanent | 17 | | disability to that person or another in retaliation
for | 18 | | reporting.
| 19 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) | 20 | | (720 ILCS 5/11-9.1B) | 21 | | Sec. 11-9.1B. Failure to report sexual abuse of a child. | 22 | | (a) For the purposes of this Section: | 23 | | "Child" means any person under the age of 13. | 24 | | "Sexual abuse" means any contact, however slight, between | 25 | | the sex organ or anus of the victim or the accused and an |
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| 1 | | object or body part, including, but not limited to, the sex | 2 | | organ, mouth, or anus of the victim or the accused, or any | 3 | | intrusion, however slight, of any part of the body of the | 4 | | victim or the accused or of any animal or object into the sex | 5 | | organ or anus of the victim or the accused, including, but not | 6 | | limited to, cunnilingus, fellatio, or anal penetration. | 7 | | Evidence of emission of semen is not required to prove sexual | 8 | | abuse. | 9 | | (b) A person over the age of 18 commits failure to report | 10 | | sexual abuse of a child when he or she personally observes | 11 | | sexual abuse, as defined by this Section, between a person who | 12 | | he or she knows is over the age of 18 and a person he or she | 13 | | knows is a child, and knowingly fails to report the sexual | 14 | | abuse to law enforcement. | 15 | | (c) This Section does not apply to a person who makes | 16 | | timely and reasonable efforts to stop the sexual abuse by | 17 | | reporting the sexual abuse in conformance with the Abused and | 18 | | Neglected Child Reporting Act or by reporting the sexual abuse | 19 | | or causing a report to be made, to medical or law enforcement | 20 | | authorities or anyone who is a professional mandated reporter | 21 | | under subsection (b) of Section 4 of the Abused and Neglected | 22 | | Child Reporting Act. | 23 | | (d) A person may not be charged with the offense of failure | 24 | | to report sexual abuse of a child under this Section until the | 25 | | person who committed the offense is charged with criminal | 26 | | sexual assault, aggravated criminal sexual assault, predatory |
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| 1 | | criminal sexual assault of a child, criminal sexual abuse, or | 2 | | aggravated criminal sexual abuse. | 3 | | (e) It is an affirmative defense to a charge of failure to | 4 | | report sexual abuse of a child under this Section that the | 5 | | person who personally observed the sexual abuse had a | 6 | | reasonable apprehension that timely action to stop the abuse | 7 | | would result in the imminent infliction of death, great bodily | 8 | | harm, permanent disfigurement, or permanent disability to that | 9 | | person or another in retaliation for reporting. | 10 | | (f) Sentence. A person who commits failure to report sexual | 11 | | abuse of a child is guilty of a Class A misdemeanor for the | 12 | | first violation and a Class 4 felony for a second or subsequent | 13 | | violation. | 14 | | (g) Nothing in this Section shall be construed to allow | 15 | | prosecution of a person who personally observes the act of | 16 | | sexual abuse and assists with an investigation and any | 17 | | subsequent prosecution of the offender.
| 18 | | (Source: P.A. 98-370, eff. 1-1-14; 98-756, eff. 7-16-14.) | 19 | | Section 99. Effective date. This Act takes effect January | 20 | | 1, 2018.".
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