Full Text of HB4144 100th General Assembly
HB4144 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4144 Introduced , by Rep. Jehan Gordon-Booth SYNOPSIS AS INTRODUCED: |
| 20 ILCS 505/5 | from Ch. 23, par. 5005 | 325 ILCS 5/3 | from Ch. 23, par. 2053 | 325 ILCS 5/4 | | 325 ILCS 5/5.1 new | |
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Amends the Children and Family Services Act and the Abused and Neglected Child Reporting Act. Provides that the Department of Children and Family Services may not remove a child from the child's home and take custody of that child solely on the basis that the child's parent, guardian, or custodian is or has been a victim of domestic violence. Provides that a child shall not be considered neglected or abused for the sole reason that the child's parent, guardian, or custodian is or has been a victim of domestic violence.
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| | A BILL FOR |
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| 1 | | AN ACT concerning children.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. The Children and Family Services Act is amended | 5 | | by changing Section 5 as follows:
| 6 | | (20 ILCS 505/5) (from Ch. 23, par. 5005)
| 7 | | Sec. 5. Direct child welfare services; Department of | 8 | | Children and Family
Services. To provide direct child welfare | 9 | | services when not available
through other public or private | 10 | | child care or program facilities.
| 11 | | (a) For purposes of this Section:
| 12 | | (1) "Children" means persons found within the State who | 13 | | are under the
age of 18 years. The term also includes | 14 | | persons under age 21 who:
| 15 | | (A) were committed to the Department pursuant to | 16 | | the
Juvenile Court Act or the Juvenile Court Act of | 17 | | 1987, as amended, prior to
the age of 18 and who | 18 | | continue under the jurisdiction of the court; or
| 19 | | (B) were accepted for care, service and training by
| 20 | | the Department prior to the age of 18 and whose best | 21 | | interest in the
discretion of the Department would be | 22 | | served by continuing that care,
service and training | 23 | | because of severe emotional disturbances, physical
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| 1 | | disability, social adjustment or any combination | 2 | | thereof, or because of the
need to complete an | 3 | | educational or vocational training program.
| 4 | | (2) "Homeless youth" means persons found within the
| 5 | | State who are under the age of 19, are not in a safe and | 6 | | stable living
situation and cannot be reunited with their | 7 | | families.
| 8 | | (3) "Child welfare services" means public social | 9 | | services which are
directed toward the accomplishment of | 10 | | the following purposes:
| 11 | | (A) protecting and promoting the health, safety | 12 | | and welfare of
children,
including homeless, dependent | 13 | | or neglected children;
| 14 | | (B) remedying, or assisting in the solution
of | 15 | | problems which may result in, the neglect, abuse, | 16 | | exploitation or
delinquency of children;
| 17 | | (C) preventing the unnecessary separation of | 18 | | children
from their families by identifying family | 19 | | problems, assisting families in
resolving their | 20 | | problems, and preventing the breakup of the family
| 21 | | where the prevention of child removal is desirable and | 22 | | possible when the
child can be cared for at home | 23 | | without endangering the child's health and
safety;
| 24 | | (D) restoring to their families children who have | 25 | | been
removed, by the provision of services to the child | 26 | | and the families when the
child can be cared for at |
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| 1 | | home without endangering the child's health and
| 2 | | safety;
| 3 | | (E) placing children in suitable adoptive homes, | 4 | | in
cases where restoration to the biological family is | 5 | | not safe, possible or
appropriate;
| 6 | | (F) assuring safe and adequate care of children | 7 | | away from their
homes, in cases where the child cannot | 8 | | be returned home or cannot be placed
for adoption. At | 9 | | the time of placement, the Department shall consider
| 10 | | concurrent planning,
as described in subsection (l-1) | 11 | | of this Section so that permanency may
occur at the | 12 | | earliest opportunity. Consideration should be given so | 13 | | that if
reunification fails or is delayed, the | 14 | | placement made is the best available
placement to | 15 | | provide permanency for the child;
| 16 | | (G) (blank);
| 17 | | (H) (blank); and
| 18 | | (I) placing and maintaining children in facilities | 19 | | that provide
separate living quarters for children | 20 | | under the age of 18 and for children
18 years of age | 21 | | and older, unless a child 18 years of age is in the | 22 | | last
year of high school education or vocational | 23 | | training, in an approved
individual or group treatment | 24 | | program, in a licensed shelter facility,
or secure | 25 | | child care facility.
The Department is not required to | 26 | | place or maintain children:
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| 1 | | (i) who are in a foster home, or
| 2 | | (ii) who are persons with a developmental | 3 | | disability, as defined in
the Mental
Health and | 4 | | Developmental Disabilities Code, or
| 5 | | (iii) who are female children who are | 6 | | pregnant, pregnant and
parenting or parenting, or
| 7 | | (iv) who are siblings, in facilities that | 8 | | provide separate living quarters for children 18
| 9 | | years of age and older and for children under 18 | 10 | | years of age.
| 11 | | (b) Nothing in this Section shall be construed to authorize | 12 | | the
expenditure of public funds for the purpose of performing | 13 | | abortions.
| 14 | | (c) The Department shall establish and maintain | 15 | | tax-supported child
welfare services and extend and seek to | 16 | | improve voluntary services
throughout the State, to the end | 17 | | that services and care shall be available
on an equal basis | 18 | | throughout the State to children requiring such services.
| 19 | | (d) The Director may authorize advance disbursements for | 20 | | any new program
initiative to any agency contracting with the | 21 | | Department. As a
prerequisite for an advance disbursement, the | 22 | | contractor must post a
surety bond in the amount of the advance | 23 | | disbursement and have a
purchase of service contract approved | 24 | | by the Department. The Department
may pay up to 2 months | 25 | | operational expenses in advance. The amount of the
advance | 26 | | disbursement shall be prorated over the life of the contract
or |
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| 1 | | the remaining months of the fiscal year, whichever is less, and | 2 | | the
installment amount shall then be deducted from future | 3 | | bills. Advance
disbursement authorizations for new initiatives | 4 | | shall not be made to any
agency after that agency has operated | 5 | | during 2 consecutive fiscal years.
The requirements of this | 6 | | Section concerning advance disbursements shall
not apply with | 7 | | respect to the following: payments to local public agencies
for | 8 | | child day care services as authorized by Section 5a of this | 9 | | Act; and
youth service programs receiving grant funds under | 10 | | Section 17a-4.
| 11 | | (e) (Blank).
| 12 | | (f) (Blank).
| 13 | | (g) The Department shall establish rules and regulations | 14 | | concerning
its operation of programs designed to meet the goals | 15 | | of child safety and
protection,
family preservation, family | 16 | | reunification, and adoption, including but not
limited to:
| 17 | | (1) adoption;
| 18 | | (2) foster care;
| 19 | | (3) family counseling;
| 20 | | (4) protective services;
| 21 | | (5) (blank);
| 22 | | (6) homemaker service;
| 23 | | (7) return of runaway children;
| 24 | | (8) (blank);
| 25 | | (9) placement under Section 5-7 of the Juvenile Court | 26 | | Act or
Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile |
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| 1 | | Court Act of 1987 in
accordance with the federal Adoption | 2 | | Assistance and Child Welfare Act of
1980; and
| 3 | | (10) interstate services.
| 4 | | Rules and regulations established by the Department shall | 5 | | include
provisions for training Department staff and the staff | 6 | | of Department
grantees, through contracts with other agencies | 7 | | or resources, in alcohol
and drug abuse screening techniques | 8 | | approved by the Department of Human
Services, as a successor to | 9 | | the Department of Alcoholism and Substance Abuse,
for the | 10 | | purpose of identifying children and adults who
should be | 11 | | referred to an alcohol and drug abuse treatment program for
| 12 | | professional evaluation.
| 13 | | (h) If the Department finds that there is no appropriate | 14 | | program or
facility within or available to the Department for a | 15 | | ward and that no
licensed private facility has an adequate and | 16 | | appropriate program or none
agrees to accept the ward, the | 17 | | Department shall create an appropriate
individualized, | 18 | | program-oriented plan for such ward. The
plan may be developed | 19 | | within the Department or through purchase of services
by the | 20 | | Department to the extent that it is within its statutory | 21 | | authority
to do.
| 22 | | (i) Service programs shall be available throughout the | 23 | | State and shall
include but not be limited to the following | 24 | | services:
| 25 | | (1) case management;
| 26 | | (2) homemakers;
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| 1 | | (3) counseling;
| 2 | | (4) parent education;
| 3 | | (5) day care; and
| 4 | | (6) emergency assistance and advocacy.
| 5 | | In addition, the following services may be made available | 6 | | to assess and
meet the needs of children and families:
| 7 | | (1) comprehensive family-based services;
| 8 | | (2) assessments;
| 9 | | (3) respite care; and
| 10 | | (4) in-home health services.
| 11 | | The Department shall provide transportation for any of the | 12 | | services it
makes available to children or families or for | 13 | | which it refers children
or families.
| 14 | | (j) The Department may provide categories of financial | 15 | | assistance and
education assistance grants, and shall
| 16 | | establish rules and regulations concerning the assistance and | 17 | | grants, to
persons who
adopt children with physical or mental | 18 | | disabilities, children who are older, or other hard-to-place
| 19 | | children who (i) immediately prior to their adoption were legal | 20 | | wards of
the Department
or (ii) were determined eligible for | 21 | | financial assistance with respect to a
prior adoption and who | 22 | | become available for adoption because the
prior adoption has | 23 | | been dissolved and the parental rights of the adoptive
parents | 24 | | have been
terminated or because the child's adoptive parents | 25 | | have died.
The Department may continue to provide financial | 26 | | assistance and education assistance grants for a child who was |
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| 1 | | determined eligible for financial assistance under this | 2 | | subsection (j) in the interim period beginning when the child's | 3 | | adoptive parents died and ending with the finalization of the | 4 | | new adoption of the child by another adoptive parent or | 5 | | parents. The Department may also provide categories of | 6 | | financial
assistance and education assistance grants, and
| 7 | | shall establish rules and regulations for the assistance and | 8 | | grants, to persons
appointed guardian of the person under | 9 | | Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, | 10 | | 4-25 or 5-740 of the Juvenile Court Act of 1987
for children | 11 | | who were wards of the Department for 12 months immediately
| 12 | | prior to the appointment of the guardian.
| 13 | | The amount of assistance may vary, depending upon the needs | 14 | | of the child
and the adoptive parents,
as set forth in the | 15 | | annual
assistance agreement. Special purpose grants are | 16 | | allowed where the child
requires special service but such costs | 17 | | may not exceed the amounts
which similar services would cost | 18 | | the Department if it were to provide or
secure them as guardian | 19 | | of the child.
| 20 | | Any financial assistance provided under this subsection is
| 21 | | inalienable by assignment, sale, execution, attachment, | 22 | | garnishment, or any
other remedy for recovery or collection of | 23 | | a judgment or debt.
| 24 | | (j-5) The Department shall not deny or delay the placement | 25 | | of a child for
adoption
if an approved family is available | 26 | | either outside of the Department region
handling the case,
or |
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| 1 | | outside of the State of Illinois.
| 2 | | (k) The Department shall accept for care and training any | 3 | | child who has
been adjudicated neglected or abused, or | 4 | | dependent committed to it pursuant
to the Juvenile Court Act or | 5 | | the Juvenile Court Act of 1987.
| 6 | | (l) The Department shall
offer family preservation | 7 | | services, as defined in Section 8.2 of the Abused
and
Neglected | 8 | | Child
Reporting Act, to help families, including adoptive and | 9 | | extended families.
Family preservation
services shall be | 10 | | offered (i) to prevent the
placement
of children in
substitute | 11 | | care when the children can be cared for at home or in the | 12 | | custody of
the person
responsible for the children's welfare,
| 13 | | (ii) to
reunite children with their families, or (iii) to
| 14 | | maintain an adoptive placement. Family preservation services | 15 | | shall only be
offered when doing so will not endanger the | 16 | | children's health or safety. With
respect to children who are | 17 | | in substitute care pursuant to the Juvenile Court
Act of 1987, | 18 | | family preservation services shall not be offered if a goal | 19 | | other
than those of subdivisions (A), (B), or (B-1) of | 20 | | subsection (2) of Section 2-28
of
that Act has been set.
| 21 | | Nothing in this paragraph shall be construed to create a | 22 | | private right of
action or claim on the part of any individual | 23 | | or child welfare agency, except that when a child is the | 24 | | subject of an action under Article II of the Juvenile Court Act | 25 | | of 1987 and the child's service plan calls for services to | 26 | | facilitate achievement of the permanency goal, the court |
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| 1 | | hearing the action under Article II of the Juvenile Court Act | 2 | | of 1987 may order the Department to provide the services set | 3 | | out in the plan, if those services are not provided with | 4 | | reasonable promptness and if those services are available.
| 5 | | The Department shall notify the child and his family of the
| 6 | | Department's
responsibility to offer and provide family | 7 | | preservation services as
identified in the service plan. The | 8 | | child and his family shall be eligible
for services as soon as | 9 | | the report is determined to be "indicated". The
Department may | 10 | | offer services to any child or family with respect to whom a
| 11 | | report of suspected child abuse or neglect has been filed, | 12 | | prior to
concluding its investigation under Section 7.12 of the | 13 | | Abused and Neglected
Child Reporting Act. However, the child's | 14 | | or family's willingness to
accept services shall not be | 15 | | considered in the investigation. The
Department may also | 16 | | provide services to any child or family who is the
subject of | 17 | | any report of suspected child abuse or neglect or may refer | 18 | | such
child or family to services available from other agencies | 19 | | in the community,
even if the report is determined to be | 20 | | unfounded, if the conditions in the
child's or family's home | 21 | | are reasonably likely to subject the child or
family to future | 22 | | reports of suspected child abuse or neglect. Acceptance
of such | 23 | | services shall be voluntary. The Department may also provide | 24 | | services to any child or family after completion of a family | 25 | | assessment, as an alternative to an investigation, as provided | 26 | | under the "differential response program" provided for in |
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| 1 | | subsection (a-5) of Section 7.4 of the Abused and Neglected | 2 | | Child Reporting Act.
| 3 | | The Department may, at its discretion except for those | 4 | | children also
adjudicated neglected or dependent, accept for | 5 | | care and training any child
who has been adjudicated addicted, | 6 | | as a truant minor in need of
supervision or as a minor | 7 | | requiring authoritative intervention, under the
Juvenile Court | 8 | | Act or the Juvenile Court Act of 1987, but no such child
shall | 9 | | be committed to the Department by any court without the | 10 | | approval of
the Department. On and after the effective date of | 11 | | this amendatory Act of the 98th General Assembly and before | 12 | | January 1, 2017, a minor charged with a criminal offense under | 13 | | the Criminal
Code of 1961 or the Criminal Code of 2012 or | 14 | | adjudicated delinquent shall not be placed in the custody of or
| 15 | | committed to the Department by any court, except (i) a minor | 16 | | less than 16 years
of age committed to the Department under | 17 | | Section 5-710 of the Juvenile Court
Act
of 1987, (ii) a minor | 18 | | for whom an independent basis of abuse, neglect, or dependency | 19 | | exists, which must be defined by departmental rule, or (iii) a | 20 | | minor for whom the court has granted a supplemental petition to | 21 | | reinstate wardship pursuant to subsection (2) of Section 2-33 | 22 | | of the Juvenile Court Act of 1987. On and after January 1, | 23 | | 2017, a minor charged with a criminal offense under the | 24 | | Criminal
Code of 1961 or the Criminal Code of 2012 or | 25 | | adjudicated delinquent shall not be placed in the custody of or
| 26 | | committed to the Department by any court, except (i) a minor |
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| 1 | | less than 15 years
of age committed to the Department under | 2 | | Section 5-710 of the Juvenile Court
Act
of 1987, ii) a minor | 3 | | for whom an independent basis of abuse, neglect, or dependency | 4 | | exists, which must be defined by departmental rule, or (iii) a | 5 | | minor for whom the court has granted a supplemental petition to | 6 | | reinstate wardship pursuant to subsection (2) of Section 2-33 | 7 | | of the Juvenile Court Act of 1987. An independent basis exists | 8 | | when the allegations or adjudication of abuse, neglect, or | 9 | | dependency do not arise from the same facts, incident, or | 10 | | circumstances which give rise to a charge or adjudication of | 11 | | delinquency.
| 12 | | As soon as is possible after August 7, 2009 (the effective | 13 | | date of Public Act 96-134), the Department shall develop and | 14 | | implement a special program of family preservation services to | 15 | | support intact, foster, and adoptive families who are | 16 | | experiencing extreme hardships due to the difficulty and stress | 17 | | of caring for a child who has been diagnosed with a pervasive | 18 | | developmental disorder if the Department determines that those | 19 | | services are necessary to ensure the health and safety of the | 20 | | child. The Department may offer services to any family whether | 21 | | or not a report has been filed under the Abused and Neglected | 22 | | Child Reporting Act. The Department may refer the child or | 23 | | family to services available from other agencies in the | 24 | | community if the conditions in the child's or family's home are | 25 | | reasonably likely to subject the child or family to future | 26 | | reports of suspected child abuse or neglect. Acceptance of |
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| 1 | | these services shall be voluntary. The Department shall develop | 2 | | and implement a public information campaign to alert health and | 3 | | social service providers and the general public about these | 4 | | special family preservation services. The nature and scope of | 5 | | the services offered and the number of families served under | 6 | | the special program implemented under this paragraph shall be | 7 | | determined by the level of funding that the Department annually | 8 | | allocates for this purpose. The term "pervasive developmental | 9 | | disorder" under this paragraph means a neurological condition, | 10 | | including but not limited to, Asperger's Syndrome and autism, | 11 | | as defined in the most recent edition of the Diagnostic and | 12 | | Statistical Manual of Mental Disorders of the American | 13 | | Psychiatric Association. | 14 | | (l-1) The legislature recognizes that the best interests of | 15 | | the child
require that
the child be placed in the most | 16 | | permanent living arrangement as soon as is
practically
| 17 | | possible. To achieve this goal, the legislature directs the | 18 | | Department of
Children and
Family Services to conduct | 19 | | concurrent planning so that permanency may occur at
the
| 20 | | earliest opportunity. Permanent living arrangements may | 21 | | include prevention of
placement of a child outside the home of | 22 | | the family when the child can be cared
for at
home without | 23 | | endangering the child's health or safety; reunification with | 24 | | the
family,
when safe and appropriate, if temporary placement | 25 | | is necessary; or movement of
the child
toward the most | 26 | | permanent living arrangement and permanent legal status.
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| 1 | | When determining reasonable efforts to be made with respect | 2 | | to a child, as
described in this
subsection, and in making such | 3 | | reasonable efforts, the child's health and
safety shall be the
| 4 | | paramount concern.
| 5 | | When a child is placed in foster care, the Department shall | 6 | | ensure and
document that reasonable efforts were made to | 7 | | prevent or eliminate the need to
remove the child from the | 8 | | child's home. The Department must make
reasonable efforts to | 9 | | reunify the family when temporary placement of the child
occurs
| 10 | | unless otherwise required, pursuant to the Juvenile Court Act | 11 | | of 1987.
At any time after the dispositional hearing where the | 12 | | Department believes
that further reunification services would | 13 | | be ineffective, it may request a
finding from the court that | 14 | | reasonable efforts are no longer appropriate. The
Department is | 15 | | not required to provide further reunification services after | 16 | | such
a
finding.
| 17 | | A decision to place a child in substitute care shall be | 18 | | made with
considerations of the child's health, safety, and | 19 | | best interests. At the
time of placement, consideration should | 20 | | also be given so that if reunification
fails or is delayed, the | 21 | | placement made is the best available placement to
provide | 22 | | permanency for the child.
| 23 | | The Department shall adopt rules addressing concurrent | 24 | | planning for
reunification and permanency. The Department | 25 | | shall consider the following
factors when determining | 26 | | appropriateness of concurrent planning:
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| 1 | | (1) the likelihood of prompt reunification;
| 2 | | (2) the past history of the family;
| 3 | | (3) the barriers to reunification being addressed by | 4 | | the family;
| 5 | | (4) the level of cooperation of the family;
| 6 | | (5) the foster parents' willingness to work with the | 7 | | family to reunite;
| 8 | | (6) the willingness and ability of the foster family to | 9 | | provide an
adoptive
home or long-term placement;
| 10 | | (7) the age of the child;
| 11 | | (8) placement of siblings.
| 12 | | (m) The Department may assume temporary custody of any | 13 | | child if:
| 14 | | (1) it has received a written consent to such temporary | 15 | | custody
signed by the parents of the child or by the parent | 16 | | having custody of the
child if the parents are not living | 17 | | together or by the guardian or
custodian of the child if | 18 | | the child is not in the custody of either
parent, or
| 19 | | (2) the child is found in the State and neither a | 20 | | parent,
guardian nor custodian of the child can be located.
| 21 | | If the child is found in his or her residence without a parent, | 22 | | guardian,
custodian or responsible caretaker, the Department | 23 | | may, instead of removing
the child and assuming temporary | 24 | | custody, place an authorized
representative of the Department | 25 | | in that residence until such time as a
parent, guardian or | 26 | | custodian enters the home and expresses a willingness
and |
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| 1 | | apparent ability to ensure the child's health and safety and | 2 | | resume
permanent
charge of the child, or until a
relative | 3 | | enters the home and is willing and able to ensure the child's | 4 | | health
and
safety and assume charge of the
child until a | 5 | | parent, guardian or custodian enters the home and expresses
| 6 | | such willingness and ability to ensure the child's safety and | 7 | | resume
permanent charge. After a caretaker has remained in the | 8 | | home for a period not
to exceed 12 hours, the Department must | 9 | | follow those procedures outlined in
Section 2-9, 3-11, 4-8, or | 10 | | 5-415 of the Juvenile Court Act
of 1987.
| 11 | | The Department shall have the authority, responsibilities | 12 | | and duties that
a legal custodian of the child would have | 13 | | pursuant to subsection (9) of
Section 1-3 of the Juvenile Court | 14 | | Act of 1987. Whenever a child is taken
into temporary custody | 15 | | pursuant to an investigation under the Abused and
Neglected | 16 | | Child Reporting Act, or pursuant to a referral and acceptance
| 17 | | under the Juvenile Court Act of 1987 of a minor in limited | 18 | | custody, the
Department, during the period of temporary custody | 19 | | and before the child
is brought before a judicial officer as | 20 | | required by Section 2-9, 3-11,
4-8, or 5-415 of the Juvenile | 21 | | Court Act of 1987, shall have
the authority, responsibilities | 22 | | and duties that a legal custodian of the child
would have under | 23 | | subsection (9) of Section 1-3 of the Juvenile Court Act of
| 24 | | 1987.
| 25 | | The Department shall ensure that any child taken into | 26 | | custody
is scheduled for an appointment for a medical |
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| 1 | | examination.
| 2 | | A parent, guardian or custodian of a child in the temporary | 3 | | custody of the
Department who would have custody of the child | 4 | | if he were not in the
temporary custody of the Department may | 5 | | deliver to the Department a signed
request that the Department | 6 | | surrender the temporary custody of the child.
The Department | 7 | | may retain temporary custody of the child for 10 days after
the | 8 | | receipt of the request, during which period the Department may | 9 | | cause to
be filed a petition pursuant to the Juvenile Court Act | 10 | | of 1987. If a
petition is so filed, the Department shall retain | 11 | | temporary custody of the
child until the court orders | 12 | | otherwise. If a petition is not filed within
the 10 day period, | 13 | | the child shall be surrendered to the custody of the
requesting | 14 | | parent, guardian or custodian not later than the expiration of
| 15 | | the 10 day period, at which time the authority and duties of | 16 | | the Department
with respect to the temporary custody of the | 17 | | child shall terminate.
| 18 | | (m-1) The Department may place children under 18 years of | 19 | | age in a secure
child care facility licensed by the Department | 20 | | that cares for children who are
in need of secure living | 21 | | arrangements for their health, safety, and well-being
after a | 22 | | determination is made by the facility director and the Director | 23 | | or the
Director's designate prior to admission to the facility | 24 | | subject to Section
2-27.1 of the Juvenile Court Act of 1987. | 25 | | This subsection (m-1) does not apply
to a child who is subject | 26 | | to placement in a correctional facility operated
pursuant to |
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| 1 | | Section 3-15-2 of the Unified Code of Corrections, unless the
| 2 | | child is a ward who was placed under the care of the Department | 3 | | before being
subject to placement in a correctional facility | 4 | | and a court of competent
jurisdiction has ordered placement of | 5 | | the child in a secure care facility.
| 6 | | (n) The Department may place children under 18 years of age | 7 | | in
licensed child care facilities when in the opinion of the | 8 | | Department,
appropriate services aimed at family preservation | 9 | | have been unsuccessful and
cannot ensure the child's health and | 10 | | safety or are unavailable and such
placement would be for their | 11 | | best interest. Payment
for board, clothing, care, training and | 12 | | supervision of any child placed in
a licensed child care | 13 | | facility may be made by the Department, by the
parents or | 14 | | guardians of the estates of those children, or by both the
| 15 | | Department and the parents or guardians, except that no | 16 | | payments shall be
made by the Department for any child placed | 17 | | in a licensed child care
facility for board, clothing, care, | 18 | | training and supervision of such a
child that exceed the | 19 | | average per capita cost of maintaining and of caring
for a | 20 | | child in institutions for dependent or neglected children | 21 | | operated by
the Department. However, such restriction on | 22 | | payments does not apply in
cases where children require | 23 | | specialized care and treatment for problems of
severe emotional | 24 | | disturbance, physical disability, social adjustment, or
any | 25 | | combination thereof and suitable facilities for the placement | 26 | | of such
children are not available at payment rates within the |
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| 1 | | limitations set
forth in this Section. All reimbursements for | 2 | | services delivered shall be
absolutely inalienable by | 3 | | assignment, sale, attachment, garnishment or
otherwise.
| 4 | | (n-1) The Department shall provide or authorize child | 5 | | welfare services, aimed at assisting minors to achieve | 6 | | sustainable self-sufficiency as independent adults, for any | 7 | | minor eligible for the reinstatement of wardship pursuant to | 8 | | subsection (2) of Section 2-33 of the Juvenile Court Act of | 9 | | 1987, whether or not such reinstatement is sought or allowed, | 10 | | provided that the minor consents to such services and has not | 11 | | yet attained the age of 21. The Department shall have | 12 | | responsibility for the development and delivery of services | 13 | | under this Section. An eligible youth may access services under | 14 | | this Section through the Department of Children and Family | 15 | | Services or by referral from the Department of Human Services. | 16 | | Youth participating in services under this Section shall | 17 | | cooperate with the assigned case manager in developing an | 18 | | agreement identifying the services to be provided and how the | 19 | | youth will increase skills to achieve self-sufficiency. A | 20 | | homeless shelter is not considered appropriate housing for any | 21 | | youth receiving child welfare services under this Section. The | 22 | | Department shall continue child welfare services under this | 23 | | Section to any eligible minor until the minor becomes 21 years | 24 | | of age, no longer consents to participate, or achieves | 25 | | self-sufficiency as identified in the minor's service plan. The | 26 | | Department of Children and Family Services shall create clear, |
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| 1 | | readable notice of the rights of former foster youth to child | 2 | | welfare services under this Section and how such services may | 3 | | be obtained. The Department of Children and Family Services and | 4 | | the Department of Human Services shall disseminate this | 5 | | information statewide. The Department shall adopt regulations | 6 | | describing services intended to assist minors in achieving | 7 | | sustainable self-sufficiency as independent adults. | 8 | | (o) The Department shall establish an administrative | 9 | | review and appeal
process for children and families who request | 10 | | or receive child welfare
services from the Department. Children | 11 | | who are wards of the Department and
are placed by private child | 12 | | welfare agencies, and foster families with whom
those children | 13 | | are placed, shall be afforded the same procedural and appeal
| 14 | | rights as children and families in the case of placement by the | 15 | | Department,
including the right to an initial review of a | 16 | | private agency decision by
that agency. The Department shall | 17 | | insure that any private child welfare
agency, which accepts | 18 | | wards of the Department for placement, affords those
rights to | 19 | | children and foster families. The Department shall accept for
| 20 | | administrative review and an appeal hearing a complaint made by | 21 | | (i) a child
or foster family concerning a decision following an | 22 | | initial review by a
private child welfare agency or (ii) a | 23 | | prospective adoptive parent who alleges
a violation of | 24 | | subsection (j-5) of this Section. An appeal of a decision
| 25 | | concerning a change in the placement of a child shall be | 26 | | conducted in an
expedited manner. A court determination that a |
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| 1 | | current foster home placement is necessary and appropriate | 2 | | under Section 2-28 of the Juvenile Court Act of 1987 does not | 3 | | constitute a judicial determination on the merits of an | 4 | | administrative appeal, filed by a former foster parent, | 5 | | involving a change of placement decision.
| 6 | | (p) (Blank).
| 7 | | (q) The Department may receive and use, in their entirety, | 8 | | for the
benefit of children any gift, donation or bequest of | 9 | | money or other
property which is received on behalf of such | 10 | | children, or any financial
benefits to which such children are | 11 | | or may become entitled while under
the jurisdiction or care of | 12 | | the Department.
| 13 | | The Department shall set up and administer no-cost, | 14 | | interest-bearing accounts in appropriate financial | 15 | | institutions
for children for whom the Department is legally | 16 | | responsible and who have been
determined eligible for Veterans' | 17 | | Benefits, Social Security benefits,
assistance allotments from | 18 | | the armed forces, court ordered payments, parental
voluntary | 19 | | payments, Supplemental Security Income, Railroad Retirement
| 20 | | payments, Black Lung benefits, or other miscellaneous | 21 | | payments. Interest
earned by each account shall be credited to | 22 | | the account, unless
disbursed in accordance with this | 23 | | subsection.
| 24 | | In disbursing funds from children's accounts, the | 25 | | Department
shall:
| 26 | | (1) Establish standards in accordance with State and |
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| 1 | | federal laws for
disbursing money from children's | 2 | | accounts. In all
circumstances,
the Department's | 3 | | "Guardianship Administrator" or his or her designee must
| 4 | | approve disbursements from children's accounts. The | 5 | | Department
shall be responsible for keeping complete | 6 | | records of all disbursements for each account for any | 7 | | purpose.
| 8 | | (2) Calculate on a monthly basis the amounts paid from | 9 | | State funds for the
child's board and care, medical care | 10 | | not covered under Medicaid, and social
services; and | 11 | | utilize funds from the child's account, as
covered by | 12 | | regulation, to reimburse those costs. Monthly, | 13 | | disbursements from
all children's accounts, up to 1/12 of | 14 | | $13,000,000, shall be
deposited by the Department into the | 15 | | General Revenue Fund and the balance over
1/12 of | 16 | | $13,000,000 into the DCFS Children's Services Fund.
| 17 | | (3) Maintain any balance remaining after reimbursing | 18 | | for the child's costs
of care, as specified in item (2). | 19 | | The balance shall accumulate in accordance
with relevant | 20 | | State and federal laws and shall be disbursed to the child | 21 | | or his
or her guardian, or to the issuing agency.
| 22 | | (r) The Department shall promulgate regulations | 23 | | encouraging all adoption
agencies to voluntarily forward to the | 24 | | Department or its agent names and
addresses of all persons who | 25 | | have applied for and have been approved for
adoption of a | 26 | | hard-to-place child or child with a disability and the names of |
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| 1 | | such
children who have not been placed for adoption. A list of | 2 | | such names and
addresses shall be maintained by the Department | 3 | | or its agent, and coded
lists which maintain the | 4 | | confidentiality of the person seeking to adopt the
child and of | 5 | | the child shall be made available, without charge, to every
| 6 | | adoption agency in the State to assist the agencies in placing | 7 | | such
children for adoption. The Department may delegate to an | 8 | | agent its duty to
maintain and make available such lists. The | 9 | | Department shall ensure that
such agent maintains the | 10 | | confidentiality of the person seeking to adopt the
child and of | 11 | | the child.
| 12 | | (s) The Department of Children and Family Services may | 13 | | establish and
implement a program to reimburse Department and | 14 | | private child welfare
agency foster parents licensed by the | 15 | | Department of Children and Family
Services for damages | 16 | | sustained by the foster parents as a result of the
malicious or | 17 | | negligent acts of foster children, as well as providing third
| 18 | | party coverage for such foster parents with regard to actions | 19 | | of foster
children to other individuals. Such coverage will be | 20 | | secondary to the
foster parent liability insurance policy, if | 21 | | applicable. The program shall
be funded through appropriations | 22 | | from the General Revenue Fund,
specifically designated for such | 23 | | purposes.
| 24 | | (t) The Department shall perform home studies and | 25 | | investigations and
shall exercise supervision over visitation | 26 | | as ordered by a court pursuant
to the Illinois Marriage and |
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| 1 | | Dissolution of Marriage Act or the Adoption
Act only if:
| 2 | | (1) an order entered by an Illinois court specifically
| 3 | | directs the Department to perform such services; and
| 4 | | (2) the court has ordered one or both of the parties to
| 5 | | the proceeding to reimburse the Department for its | 6 | | reasonable costs for
providing such services in accordance | 7 | | with Department rules, or has
determined that neither party | 8 | | is financially able to pay.
| 9 | | The Department shall provide written notification to the | 10 | | court of the
specific arrangements for supervised visitation | 11 | | and projected monthly costs
within 60 days of the court order. | 12 | | The Department shall send to the court
information related to | 13 | | the costs incurred except in cases where the court
has | 14 | | determined the parties are financially unable to pay. The court | 15 | | may
order additional periodic reports as appropriate.
| 16 | | (u) In addition to other information that must be provided, | 17 | | whenever the Department places a child with a prospective | 18 | | adoptive parent or parents or in a licensed foster home,
group | 19 | | home, child care institution, or in a relative home, the | 20 | | Department
shall provide to the prospective adoptive parent or | 21 | | parents or other caretaker:
| 22 | | (1) available detailed information concerning the | 23 | | child's educational
and health history, copies of | 24 | | immunization records (including insurance
and medical card | 25 | | information), a history of the child's previous | 26 | | placements,
if any, and reasons for placement changes |
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| 1 | | excluding any information that
identifies or reveals the | 2 | | location of any previous caretaker;
| 3 | | (2) a copy of the child's portion of the client service | 4 | | plan, including
any visitation arrangement, and all | 5 | | amendments or revisions to it as
related to the child; and
| 6 | | (3) information containing details of the child's | 7 | | individualized
educational plan when the child is | 8 | | receiving special education services.
| 9 | | The caretaker shall be informed of any known social or | 10 | | behavioral
information (including, but not limited to, | 11 | | criminal background, fire
setting, perpetuation of
sexual | 12 | | abuse, destructive behavior, and substance abuse) necessary to | 13 | | care
for and safeguard the children to be placed or currently | 14 | | in the home. The Department may prepare a written summary of | 15 | | the information required by this paragraph, which may be | 16 | | provided to the foster or prospective adoptive parent in | 17 | | advance of a placement. The foster or prospective adoptive | 18 | | parent may review the supporting documents in the child's file | 19 | | in the presence of casework staff. In the case of an emergency | 20 | | placement, casework staff shall at least provide known | 21 | | information verbally, if necessary, and must subsequently | 22 | | provide the information in writing as required by this | 23 | | subsection.
| 24 | | The information described in this subsection shall be | 25 | | provided in writing. In the case of emergency placements when | 26 | | time does not allow prior review, preparation, and collection |
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| 1 | | of written information, the Department shall provide such | 2 | | information as it becomes available. Within 10 business days | 3 | | after placement, the Department shall obtain from the | 4 | | prospective adoptive parent or parents or other caretaker a | 5 | | signed verification of receipt of the information provided. | 6 | | Within 10 business days after placement, the Department shall | 7 | | provide to the child's guardian ad litem a copy of the | 8 | | information provided to the prospective adoptive parent or | 9 | | parents or other caretaker. The information provided to the | 10 | | prospective adoptive parent or parents or other caretaker shall | 11 | | be reviewed and approved regarding accuracy at the supervisory | 12 | | level.
| 13 | | (u-5) Effective July 1, 1995, only foster care placements | 14 | | licensed as
foster family homes pursuant to the Child Care Act | 15 | | of 1969 shall be eligible to
receive foster care payments from | 16 | | the Department.
Relative caregivers who, as of July 1, 1995, | 17 | | were approved pursuant to approved
relative placement rules | 18 | | previously promulgated by the Department at 89 Ill.
Adm. Code | 19 | | 335 and had submitted an application for licensure as a foster | 20 | | family
home may continue to receive foster care payments only | 21 | | until the Department
determines that they may be licensed as a | 22 | | foster family home or that their
application for licensure is | 23 | | denied or until September 30, 1995, whichever
occurs first.
| 24 | | (v) The Department shall access criminal history record | 25 | | information
as defined in the Illinois Uniform Conviction | 26 | | Information Act and information
maintained in the adjudicatory |
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| 1 | | and dispositional record system as defined in
Section 2605-355 | 2 | | of the
Department of State Police Law (20 ILCS 2605/2605-355)
| 3 | | if the Department determines the information is necessary to | 4 | | perform its duties
under the Abused and Neglected Child | 5 | | Reporting Act, the Child Care Act of 1969,
and the Children and | 6 | | Family Services Act. The Department shall provide for
| 7 | | interactive computerized communication and processing | 8 | | equipment that permits
direct on-line communication with the | 9 | | Department of State Police's central
criminal history data | 10 | | repository. The Department shall comply with all
certification | 11 | | requirements and provide certified operators who have been
| 12 | | trained by personnel from the Department of State Police. In | 13 | | addition, one
Office of the Inspector General investigator | 14 | | shall have training in the use of
the criminal history | 15 | | information access system and have
access to the terminal. The | 16 | | Department of Children and Family Services and its
employees | 17 | | shall abide by rules and regulations established by the | 18 | | Department of
State Police relating to the access and | 19 | | dissemination of
this information.
| 20 | | (v-1) Prior to final approval for placement of a child, the | 21 | | Department shall conduct a criminal records background check of | 22 | | the prospective foster or adoptive parent, including | 23 | | fingerprint-based checks of national crime information | 24 | | databases. Final approval for placement shall not be granted if | 25 | | the record check reveals a felony conviction for child abuse or | 26 | | neglect, for spousal abuse, for a crime against children, or |
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| 1 | | for a crime involving violence, including rape, sexual assault, | 2 | | or homicide, but not including other physical assault or | 3 | | battery, or if there is a felony conviction for physical | 4 | | assault, battery, or a drug-related offense committed within | 5 | | the past 5 years. | 6 | | (v-2) Prior to final approval for placement of a child, the | 7 | | Department shall check its child abuse and neglect registry for | 8 | | information concerning prospective foster and adoptive | 9 | | parents, and any adult living in the home. If any prospective | 10 | | foster or adoptive parent or other adult living in the home has | 11 | | resided in another state in the preceding 5 years, the | 12 | | Department shall request a check of that other state's child | 13 | | abuse and neglect registry.
| 14 | | (w) Within 120 days of August 20, 1995 (the effective date | 15 | | of Public Act
89-392), the Department shall prepare and submit | 16 | | to the Governor and the
General Assembly, a written plan for | 17 | | the development of in-state licensed
secure child care | 18 | | facilities that care for children who are in need of secure
| 19 | | living
arrangements for their health, safety, and well-being. | 20 | | For purposes of this
subsection, secure care facility shall | 21 | | mean a facility that is designed and
operated to ensure that | 22 | | all entrances and exits from the facility, a building
or a | 23 | | distinct part of the building, are under the exclusive control | 24 | | of the
staff of the facility, whether or not the child has the | 25 | | freedom of movement
within the perimeter of the facility, | 26 | | building, or distinct part of the
building. The plan shall |
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| 1 | | include descriptions of the types of facilities that
are needed | 2 | | in Illinois; the cost of developing these secure care | 3 | | facilities;
the estimated number of placements; the potential | 4 | | cost savings resulting from
the movement of children currently | 5 | | out-of-state who are projected to be
returned to Illinois; the | 6 | | necessary geographic distribution of these
facilities in | 7 | | Illinois; and a proposed timetable for development of such
| 8 | | facilities. | 9 | | (x) The Department shall conduct annual credit history | 10 | | checks to determine the financial history of children placed | 11 | | under its guardianship pursuant to the Juvenile Court Act of | 12 | | 1987. The Department shall conduct such credit checks starting | 13 | | when a ward turns 12 years old and each year thereafter for the | 14 | | duration of the guardianship as terminated pursuant to the | 15 | | Juvenile Court Act of 1987. The Department shall determine if | 16 | | financial exploitation of the child's personal information has | 17 | | occurred. If financial exploitation appears to have taken place | 18 | | or is presently ongoing, the Department shall notify the proper | 19 | | law enforcement agency, the proper State's Attorney, or the | 20 | | Attorney General. | 21 | | (y) Beginning on the effective date of this amendatory Act | 22 | | of the 96th General Assembly, a child with a disability who | 23 | | receives residential and educational services from the | 24 | | Department shall be eligible to receive transition services in | 25 | | accordance with Article 14 of the School Code from the age of | 26 | | 14.5 through age 21, inclusive, notwithstanding the child's |
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| 1 | | residential services arrangement. For purposes of this | 2 | | subsection, "child with a disability" means a child with a | 3 | | disability as defined by the federal Individuals with | 4 | | Disabilities Education Improvement Act of 2004. | 5 | | (y-5) Notwithstanding any other provision of this Act to | 6 | | the contrary, the Department may not remove a child from the | 7 | | child's home and take custody of that child solely on the basis | 8 | | that the child's parent, guardian, or custodian is or has been | 9 | | a victim of domestic violence. | 10 | | (z) The Department shall access criminal history record | 11 | | information as defined as "background information" in this | 12 | | subsection and criminal history record information as defined | 13 | | in the Illinois Uniform Conviction Information Act for each | 14 | | Department employee or Department applicant. Each Department | 15 | | employee or Department applicant shall submit his or her | 16 | | fingerprints to the Department of State Police in the form and | 17 | | manner prescribed by the Department of State Police. These | 18 | | fingerprints shall be checked against the fingerprint records | 19 | | now and hereafter filed in the Department of State Police and | 20 | | the Federal Bureau of Investigation criminal history records | 21 | | databases. The Department of State Police shall charge a fee | 22 | | for conducting the criminal history record check, which shall | 23 | | be deposited into the State Police Services Fund and shall not | 24 | | exceed the actual cost of the record check. The Department of | 25 | | State Police shall furnish, pursuant to positive | 26 | | identification, all Illinois conviction information to the |
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| 1 | | Department of Children and Family Services. | 2 | | For purposes of this subsection: | 3 | | "Background information" means all of the following: | 4 | | (i) Upon the request of the Department of Children and | 5 | | Family Services, conviction information obtained from the | 6 | | Department of State Police as a result of a | 7 | | fingerprint-based criminal history records check of the | 8 | | Illinois criminal history records database and the Federal | 9 | | Bureau of Investigation criminal history records database | 10 | | concerning a Department employee or Department applicant. | 11 | | (ii) Information obtained by the Department of | 12 | | Children and Family Services after performing a check of | 13 | | the Department of State Police's Sex Offender Database, as | 14 | | authorized by Section 120 of the Sex Offender Community | 15 | | Notification Law, concerning a Department employee or | 16 | | Department applicant. | 17 | | (iii) Information obtained by the Department of | 18 | | Children and Family Services after performing a check of | 19 | | the Child Abuse and Neglect Tracking System (CANTS) | 20 | | operated and maintained by the Department. | 21 | | "Department employee" means a full-time or temporary | 22 | | employee coded or certified within the State of Illinois | 23 | | Personnel System. | 24 | | "Department applicant" means an individual who has | 25 | | conditional Department full-time or part-time work, a | 26 | | contractor, an individual used to replace or supplement staff, |
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| 1 | | an academic intern, a volunteer in Department offices or on | 2 | | Department contracts, a work-study student, an individual or | 3 | | entity licensed by the Department, or an unlicensed service | 4 | | provider who works as a condition of a contract or an agreement | 5 | | and whose work may bring the unlicensed service provider into | 6 | | contact with Department clients or client records. | 7 | | (Source: P.A. 98-249, eff. 1-1-14; 98-570, eff. 8-27-13; | 8 | | 98-756, eff. 7-16-14; 98-803, eff. 1-1-15; 99-143, eff. | 9 | | 7-27-15; 99-933, eff. 1-27-17.) | 10 | | Section 5. The Abused and Neglected Child Reporting Act is | 11 | | amended by changing Sections 3 and 4 and by adding Section 5.1 | 12 | | as follows: | 13 | | (325 ILCS 5/3) (from Ch. 23, par. 2053) | 14 | | Sec. 3. As used in this Act unless the context otherwise | 15 | | requires: | 16 | | "Adult resident" means any person between 18 and 22 years | 17 | | of age who resides in any facility licensed by the Department | 18 | | under the Child Care Act of 1969. For purposes of this Act, the | 19 | | criteria set forth in the definitions of "abused child" and | 20 | | "neglected child" shall be used in determining whether an adult | 21 | | resident is abused or neglected. | 22 | | "Agency" means a child care facility licensed under Section | 23 | | 2.05 or Section 2.06 of the Child Care Act of 1969 and includes | 24 | | a transitional living program that accepts children and adult |
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| 1 | | residents for placement who are in the guardianship of the | 2 | | Department. | 3 | | "Blatant disregard" means an incident where the real, | 4 | | significant, and imminent risk of harm would be so obvious to a | 5 | | reasonable parent or caretaker that it is unlikely that a | 6 | | reasonable parent or caretaker would have exposed the child to | 7 | | the danger without exercising precautionary measures to | 8 | | protect the child from harm. With respect to a person working | 9 | | at an agency in his or her professional capacity with a child | 10 | | or adult resident, "blatant disregard" includes a failure by | 11 | | the person to perform job responsibilities intended to protect | 12 | | the child's or adult resident's health, physical well-being, or | 13 | | welfare, and, when viewed in light of the surrounding | 14 | | circumstances, evidence exists that would cause a reasonable | 15 | | person to believe that the child was neglected. With respect to | 16 | | an agency, "blatant disregard" includes a failure to implement | 17 | | practices that ensure the health, physical well-being, or | 18 | | welfare of the children and adult residents residing in the | 19 | | facility. | 20 | | "Child" means any person under the age of 18 years, unless | 21 | | legally
emancipated by reason of marriage or entry into a | 22 | | branch of the United
States armed services. | 23 | | "Department" means Department of Children and Family | 24 | | Services. | 25 | | "Local law enforcement agency" means the police of a city, | 26 | | town,
village or other incorporated area or the sheriff of an |
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| 1 | | unincorporated
area or any sworn officer of the Illinois | 2 | | Department of State Police. | 3 | | "Abused child"
means a child whose parent or immediate | 4 | | family
member,
or any person responsible for the child's | 5 | | welfare, or any individual
residing in the same home as the | 6 | | child, or a paramour of the child's parent: | 7 | | (a) inflicts, causes to be inflicted, or allows to be
| 8 | | inflicted upon
such child physical injury, by other than | 9 | | accidental means, which causes
death, disfigurement, | 10 | | impairment of physical or
emotional health, or loss or | 11 | | impairment of any bodily function; | 12 | | (b) creates a substantial risk of physical injury to | 13 | | such
child by
other than accidental means which would be | 14 | | likely to cause death,
disfigurement, impairment of | 15 | | physical or emotional health, or loss or
impairment of any | 16 | | bodily function; | 17 | | (c) commits or allows to be committed any sex offense | 18 | | against
such child,
as such sex offenses are defined in the | 19 | | Criminal Code of 2012 or in the Wrongs to Children Act,
and | 20 | | extending those definitions of sex offenses to include | 21 | | children under
18 years of age; | 22 | | (d) commits or allows to be committed an act or acts of
| 23 | | torture upon
such child; | 24 | | (e) inflicts excessive corporal punishment or, in the | 25 | | case of a person working for an agency who is prohibited | 26 | | from using corporal punishment, inflicts corporal |
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| 1 | | punishment upon a child or adult resident with whom the | 2 | | person is working in his or her professional capacity; | 3 | | (f) commits or allows to be committed
the offense of
| 4 | | female
genital mutilation, as defined in Section 12-34 of | 5 | | the Criminal Code of
2012, against the child; | 6 | | (g) causes to be sold, transferred, distributed, or | 7 | | given to
such child
under 18 years of age, a controlled | 8 | | substance as defined in Section 102 of the
Illinois | 9 | | Controlled Substances Act in violation of Article IV of the | 10 | | Illinois
Controlled Substances Act or in violation of the | 11 | | Methamphetamine Control and Community Protection Act, | 12 | | except for controlled substances that are prescribed
in | 13 | | accordance with Article III of the Illinois Controlled | 14 | | Substances Act and
are dispensed to such child in a manner | 15 | | that substantially complies with the
prescription; or | 16 | | (h) commits or allows to be committed the offense of | 17 | | involuntary servitude, involuntary sexual servitude of a | 18 | | minor, or trafficking in persons as defined in Section 10-9 | 19 | | of the Criminal Code of 2012 against the child. | 20 | | A child shall not be considered abused for the sole reason | 21 | | that the child
has been relinquished in accordance with the | 22 | | Abandoned Newborn Infant
Protection Act. | 23 | | A child shall not be considered abused for the sole reason | 24 | | that the child's parent, guardian, or custodian is or has been | 25 | | a victim of domestic violence. | 26 | | "Neglected child" means any child who is not receiving the |
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| 1 | | proper or
necessary nourishment or medically indicated | 2 | | treatment including food or care
not provided solely on the | 3 | | basis of the present or anticipated mental or
physical | 4 | | impairment as determined by a physician acting alone or in
| 5 | | consultation with other physicians or otherwise is not | 6 | | receiving the proper or
necessary support or medical or other | 7 | | remedial care recognized under State law
as necessary for a | 8 | | child's well-being, or other care necessary for his or her
| 9 | | well-being, including adequate food, clothing and shelter; or | 10 | | who is subjected to an environment which is injurious insofar | 11 | | as (i) the child's environment creates a likelihood of harm to | 12 | | the child's health, physical well-being, or welfare and (ii) | 13 | | the likely harm to the child is the result of a blatant | 14 | | disregard of parent, caretaker, or agency responsibilities; or | 15 | | who is abandoned
by his or her parents or other person | 16 | | responsible for the child's welfare
without a proper plan of | 17 | | care; or who has been provided with interim crisis intervention | 18 | | services under
Section 3-5 of
the Juvenile Court Act of 1987 | 19 | | and whose parent, guardian, or custodian refuses to
permit
the | 20 | | child to return home and no other living arrangement agreeable
| 21 | | to the parent, guardian, or custodian can be made, and the | 22 | | parent, guardian, or custodian has not made any other | 23 | | appropriate living arrangement for the child; or who is a | 24 | | newborn infant whose blood, urine,
or meconium
contains any | 25 | | amount of a controlled substance as defined in subsection (f) | 26 | | of
Section 102 of the Illinois Controlled Substances Act or a |
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| 1 | | metabolite thereof,
with the exception of a controlled | 2 | | substance or metabolite thereof whose
presence in the newborn | 3 | | infant is the result of medical treatment administered
to the | 4 | | mother or the newborn infant. A child shall not be considered | 5 | | neglected
for the sole reason that the child's parent or other | 6 | | person responsible for his
or her welfare has left the child in | 7 | | the care of an adult relative for any
period of time. A child | 8 | | shall not be considered neglected for the sole reason
that the | 9 | | child has been relinquished in accordance with the Abandoned | 10 | | Newborn
Infant Protection Act. A child shall not be considered | 11 | | neglected or abused
for the
sole reason that such child's | 12 | | parent or other person responsible for his or her
welfare | 13 | | depends upon spiritual means through prayer alone for the | 14 | | treatment or
cure of disease or remedial care as provided under | 15 | | Section 4 of this Act. A
child shall not be considered | 16 | | neglected or abused solely because the child is
not attending | 17 | | school in accordance with the requirements of Article 26 of The
| 18 | | School Code, as amended. A child shall not be considered | 19 | | neglected for the sole reason that the child's parent, | 20 | | guardian, or custodian is or has been a victim of domestic | 21 | | violence. | 22 | | "Child Protective Service Unit" means certain specialized | 23 | | State employees of
the Department assigned by the Director to | 24 | | perform the duties and
responsibilities as provided under | 25 | | Section 7.2 of this Act. | 26 | | "Person responsible for the child's welfare" means the |
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|
| 1 | | child's parent;
guardian; foster parent; relative caregiver; | 2 | | any person responsible for the
child's welfare in a public or | 3 | | private residential agency or institution; any
person | 4 | | responsible for the child's welfare within a public or private | 5 | | profit or
not for profit child care facility; or any other | 6 | | person responsible for the
child's welfare at the time of the | 7 | | alleged abuse or neglect, including any person that is the | 8 | | custodian of a child under 18 years of age who commits or | 9 | | allows to be committed, against the child, the offense of | 10 | | involuntary servitude, involuntary sexual servitude of a | 11 | | minor, or trafficking in persons for forced labor or services, | 12 | | as provided in Section 10-9 of the Criminal Code of 2012, or | 13 | | any person who
came to know the child through an official | 14 | | capacity or position of trust,
including but not limited to | 15 | | health care professionals, educational personnel,
recreational | 16 | | supervisors, members of the clergy, and volunteers or
support | 17 | | personnel in any setting
where children may be subject to abuse | 18 | | or neglect. | 19 | | "Temporary protective custody" means custody within a | 20 | | hospital or
other medical facility or a place previously | 21 | | designated for such custody
by the Department, subject to | 22 | | review by the Court, including a licensed
foster home, group | 23 | | home, or other institution; but such place shall not
be a jail | 24 | | or other place for the detention of criminal or juvenile | 25 | | offenders. | 26 | | "An unfounded report" means any report made under this Act |
| | | HB4144 | - 39 - | LRB100 14901 KTG 29726 b |
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| 1 | | for which
it is determined after an investigation that no | 2 | | credible evidence of
abuse or neglect exists. | 3 | | "An indicated report" means a report made under this Act if | 4 | | an
investigation determines that credible evidence of the | 5 | | alleged
abuse or neglect exists. | 6 | | "An undetermined report" means any report made under this | 7 | | Act in
which it was not possible to initiate or complete an | 8 | | investigation on
the basis of information provided to the | 9 | | Department. | 10 | | "Subject of report" means any child reported to the central | 11 | | register
of child abuse and neglect established under Section | 12 | | 7.7 of this Act as an alleged victim of child abuse or neglect | 13 | | and
the parent or guardian of the alleged victim or other | 14 | | person responsible for the alleged victim's welfare who is | 15 | | named in the report or added to the report as an alleged | 16 | | perpetrator of child abuse or neglect. | 17 | | "Perpetrator" means a person who, as a result of | 18 | | investigation, has
been determined by the Department to have | 19 | | caused child abuse or neglect. | 20 | | "Member of the clergy" means a clergyman or practitioner of | 21 | | any religious
denomination accredited by the religious body to | 22 | | which he or she belongs. | 23 | | (Source: P.A. 99-350, eff. 6-1-16 .)
| 24 | | (325 ILCS 5/4)
| 25 | | (Text of Section before amendment by P.A. 100-513 )
|
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| 1 | | Sec. 4. Persons required to report; privileged | 2 | | communications;
transmitting false report. Any physician, | 3 | | resident, intern, hospital,
hospital administrator
and | 4 | | personnel engaged in examination, care and treatment of | 5 | | persons, surgeon,
dentist, dentist hygienist, osteopath, | 6 | | chiropractor, podiatric physician, physician
assistant, | 7 | | substance abuse treatment personnel, funeral home
director or | 8 | | employee, coroner, medical examiner, emergency medical | 9 | | technician,
acupuncturist, crisis line or hotline personnel, | 10 | | school personnel (including administrators and both certified | 11 | | and non-certified school employees), personnel of institutions | 12 | | of higher education, educational
advocate assigned to a child | 13 | | pursuant to the School Code, member of a school board or the | 14 | | Chicago Board of Education or the governing body of a private | 15 | | school (but only to the extent required in accordance with | 16 | | other provisions of this Section expressly concerning the duty | 17 | | of school board members to report suspected child abuse), | 18 | | truant officers,
social worker, social services administrator,
| 19 | | domestic violence program personnel, registered nurse, | 20 | | licensed
practical nurse, genetic counselor,
respiratory care | 21 | | practitioner, advanced practice nurse, home
health aide, | 22 | | director or staff
assistant of a nursery school or a child day | 23 | | care center, recreational or athletic program
or facility | 24 | | personnel, early intervention provider as defined in the Early | 25 | | Intervention Services System Act, law enforcement officer, | 26 | | licensed professional
counselor, licensed clinical |
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| 1 | | professional counselor, registered psychologist
and
assistants | 2 | | working under the direct supervision of a psychologist,
| 3 | | psychiatrist, or field personnel of the Department of | 4 | | Healthcare and Family Services,
Juvenile Justice, Public | 5 | | Health, Human Services (acting as successor to the Department | 6 | | of Mental
Health and Developmental Disabilities, | 7 | | Rehabilitation Services, or Public Aid),
Corrections, Human | 8 | | Rights, or Children and Family Services, supervisor and
| 9 | | administrator of general assistance under the Illinois Public | 10 | | Aid Code,
probation officer, animal control officer or Illinois | 11 | | Department of Agriculture Bureau of Animal Health and Welfare | 12 | | field investigator, or any other foster parent, homemaker or | 13 | | child care worker
having reasonable cause to believe a child | 14 | | known to them in their professional
or official capacity may be | 15 | | an abused child or a neglected child shall
immediately report | 16 | | or cause a report to be made to the Department.
| 17 | | Any member of the clergy having reasonable cause to believe | 18 | | that a child
known to that member of the clergy in his or her | 19 | | professional capacity may be
an abused child as defined in item | 20 | | (c) of the definition of "abused child" in
Section 3 of this | 21 | | Act shall immediately report or cause a report to be made to
| 22 | | the Department.
| 23 | | Any physician, physician's assistant, registered nurse, | 24 | | licensed practical nurse, medical technician, certified | 25 | | nursing assistant, social worker, or licensed professional | 26 | | counselor of any office, clinic, or any other physical location |
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| 1 | | that provides abortions, abortion referrals, or contraceptives | 2 | | having reasonable cause to believe a child known to him or her | 3 | | in his or her professional
or official capacity may be an | 4 | | abused child or a neglected child shall
immediately report or | 5 | | cause a report to be made to the Department. | 6 | | If an allegation is raised to a school board member during | 7 | | the course of an open or closed school board meeting that a | 8 | | child who is enrolled in the school district of which he or she | 9 | | is a board member is an abused child as defined in Section 3 of | 10 | | this Act, the member shall direct or cause the school board to | 11 | | direct the superintendent of the school district or other | 12 | | equivalent school administrator to comply with the | 13 | | requirements of this Act concerning the reporting of child | 14 | | abuse. For purposes of this paragraph, a school board member is | 15 | | granted the authority in his or her individual capacity to | 16 | | direct the superintendent of the school district or other | 17 | | equivalent school administrator to comply with the | 18 | | requirements of this Act concerning the reporting of child | 19 | | abuse.
| 20 | | Notwithstanding any other provision of this Act, if an | 21 | | employee of a school district has made a report or caused a | 22 | | report to be made to the Department under this Act involving | 23 | | the conduct of a current or former employee of the school | 24 | | district and a request is made by another school district for | 25 | | the provision of information concerning the job performance or | 26 | | qualifications of the current or former employee because he or |
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|
| 1 | | she is an applicant for employment with the requesting school | 2 | | district, the general superintendent of the school district to | 3 | | which the request is being made must disclose to the requesting | 4 | | school district the fact that an employee of the school | 5 | | district has made a report involving the conduct of the | 6 | | applicant or caused a report to be made to the Department, as | 7 | | required under this Act. Only the fact that an employee of the | 8 | | school district has made a report involving the conduct of the | 9 | | applicant or caused a report to be made to the Department may | 10 | | be disclosed by the general superintendent of the school | 11 | | district to which the request for information concerning the | 12 | | applicant is made, and this fact may be disclosed only in cases | 13 | | where the employee and the general superintendent have not been | 14 | | informed by the Department that the allegations were unfounded. | 15 | | An employee of a school district who is or has been the subject | 16 | | of a report made pursuant to this Act during his or her | 17 | | employment with the school district must be informed by that | 18 | | school district that if he or she applies for employment with | 19 | | another school district, the general superintendent of the | 20 | | former school district, upon the request of the school district | 21 | | to which the employee applies, shall notify that requesting | 22 | | school district that the employee is or was the subject of such | 23 | | a report.
| 24 | | Whenever
such person is required to report under this Act | 25 | | in his capacity as a member of
the staff of a medical or other | 26 | | public or private institution, school, facility
or agency, or |
| | | HB4144 | - 44 - | LRB100 14901 KTG 29726 b |
|
| 1 | | as a member of the clergy, he shall
make report immediately to | 2 | | the Department in accordance
with the provisions of this Act | 3 | | and may also notify the person in charge of
such institution, | 4 | | school, facility or agency, or church, synagogue, temple,
| 5 | | mosque, or other religious institution, or his
designated agent | 6 | | that such
report has been made. Under no circumstances shall | 7 | | any person in charge of
such institution, school, facility or | 8 | | agency, or church, synagogue, temple,
mosque, or other | 9 | | religious institution, or his
designated agent to whom
such | 10 | | notification has been made, exercise any control, restraint, | 11 | | modification
or other change in the report or the forwarding of | 12 | | such report to the
Department.
| 13 | | The privileged quality of communication between any | 14 | | professional
person required to report
and his patient or | 15 | | client shall not apply to situations involving abused or
| 16 | | neglected children and shall not constitute grounds for failure | 17 | | to report
as required by this Act or constitute grounds for | 18 | | failure to share information or documents with the Department | 19 | | during the course of a child abuse or neglect investigation. If | 20 | | requested by the professional, the Department shall confirm in | 21 | | writing that the information or documents disclosed by the | 22 | | professional were gathered in the course of a child abuse or | 23 | | neglect investigation.
| 24 | | The reporting requirements of this Act shall not apply to | 25 | | the contents of a privileged communication between an attorney | 26 | | and his or her client or to confidential information within the |
| | | HB4144 | - 45 - | LRB100 14901 KTG 29726 b |
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| 1 | | meaning of Rule 1.6 of the Illinois Rules of Professional | 2 | | Conduct relating to the legal representation of an individual | 3 | | client. | 4 | | A member of the clergy may claim the privilege under | 5 | | Section 8-803 of the
Code of Civil Procedure.
| 6 | | Any office, clinic, or any other physical location that | 7 | | provides abortions, abortion referrals, or contraceptives | 8 | | shall provide to all office personnel copies of written | 9 | | information and training materials about abuse and neglect and | 10 | | the requirements of this Act that are provided to employees of | 11 | | the office, clinic, or physical location who are required to | 12 | | make reports to the Department under this Act, and instruct | 13 | | such office personnel to bring to the attention of an employee | 14 | | of the office, clinic, or physical location who is required to | 15 | | make reports to the Department under this Act any reasonable | 16 | | suspicion that a child known to him or her in his or her | 17 | | professional or official capacity may be an abused child or a | 18 | | neglected child. In addition to the above persons required to
| 19 | | report suspected cases of abused or neglected children, any | 20 | | other person
may make a report if such person has reasonable | 21 | | cause to believe a child
may be an abused child or a neglected | 22 | | child.
| 23 | | Any person who enters into
employment on and after July 1, | 24 | | 1986 and is mandated by virtue of that
employment to report | 25 | | under this Act, shall sign a statement on a form
prescribed by | 26 | | the Department, to the effect that the employee has knowledge
|
| | | HB4144 | - 46 - | LRB100 14901 KTG 29726 b |
|
| 1 | | and understanding of the reporting requirements of this Act. | 2 | | The statement
shall be signed prior to commencement of the | 3 | | employment. The signed
statement shall be retained by the | 4 | | employer. The cost of printing,
distribution, and filing of the | 5 | | statement shall be borne by the employer.
| 6 | | Within one year of initial employment and at least every 5 | 7 | | years thereafter, school personnel required to report child | 8 | | abuse as provided under this Section must complete mandated | 9 | | reporter training by a provider or agency with expertise in | 10 | | recognizing and reporting child abuse. | 11 | | The Department shall provide copies of this Act, upon | 12 | | request, to all
employers employing persons who shall be | 13 | | required under the provisions of
this Section to report under | 14 | | this Act.
| 15 | | Any person who knowingly transmits a false report to the | 16 | | Department
commits the offense of disorderly conduct under | 17 | | subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. | 18 | | A violation of this provision is a Class 4 felony.
| 19 | | Any person who knowingly and willfully violates any | 20 | | 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
Class A misdemeanor for
a | 23 | | first violation and a Class
4 felony for a
second or subsequent | 24 | | violation; except that if the person acted as part
of a plan or | 25 | | scheme having as its object the
prevention of discovery of an | 26 | | abused or neglected child by lawful authorities
for the
purpose |
| | | HB4144 | - 47 - | LRB100 14901 KTG 29726 b |
|
| 1 | | of protecting or insulating any person or entity from arrest or
| 2 | | prosecution, the
person is guilty of a Class 4 felony for a | 3 | | first offense and a Class 3 felony
for a second or
subsequent | 4 | | offense (regardless of whether the second or subsequent offense
| 5 | | involves any
of the same facts or persons as the first or other | 6 | | prior offense).
| 7 | | A child whose parent, guardian or custodian in good faith | 8 | | selects and depends
upon spiritual means through prayer alone | 9 | | for the treatment or cure of
disease or remedial care may be | 10 | | considered neglected or abused, but not for
the sole reason | 11 | | that his parent, guardian or custodian accepts and
practices | 12 | | such beliefs.
| 13 | | A child shall not be considered neglected or abused solely | 14 | | because the
child is not attending school in accordance with | 15 | | the requirements of
Article 26 of the School Code, as amended.
| 16 | | A child shall not be considered neglected or abused for the | 17 | | sole reason that the child's parent, guardian, or custodian is | 18 | | or has been a victim of domestic violence. | 19 | | Nothing in this Act prohibits a mandated reporter who | 20 | | reasonably believes that an animal is being abused or neglected | 21 | | in violation of the Humane Care for Animals Act from reporting | 22 | | animal abuse or neglect to the Department of Agriculture's | 23 | | Bureau of Animal Health and Welfare. | 24 | | A home rule unit may not regulate the reporting of child | 25 | | abuse or neglect in a manner inconsistent with the provisions | 26 | | of this Section. This Section is a limitation under subsection |
| | | HB4144 | - 48 - | LRB100 14901 KTG 29726 b |
|
| 1 | | (i) of Section 6 of Article VII of the Illinois Constitution on | 2 | | the concurrent exercise by home rule units of powers and | 3 | | functions exercised by the State. | 4 | | For purposes of this Section "child abuse or neglect" | 5 | | includes abuse or neglect of an adult resident as defined in | 6 | | this Act. | 7 | | (Source: P.A. 97-189, eff. 7-22-11; 97-254, eff. 1-1-12; | 8 | | 97-387, eff. 8-15-11; 97-711, eff. 6-27-12; 97-813, eff. | 9 | | 7-13-12; 97-1150, eff. 1-25-13; 98-67, eff. 7-15-13; 98-214, | 10 | | eff. 8-9-13; 98-408, eff. 7-1-14; 98-756, eff. 7-16-14.)
| 11 | | (Text of Section after amendment by P.A. 100-513 )
| 12 | | Sec. 4. Persons required to report; privileged | 13 | | communications;
transmitting false report. Any physician, | 14 | | resident, intern, hospital,
hospital administrator
and | 15 | | personnel engaged in examination, care and treatment of | 16 | | persons, surgeon,
dentist, dentist hygienist, osteopath, | 17 | | chiropractor, podiatric physician, physician
assistant, | 18 | | substance abuse treatment personnel, funeral home
director or | 19 | | employee, coroner, medical examiner, emergency medical | 20 | | technician,
acupuncturist, crisis line or hotline personnel, | 21 | | school personnel (including administrators and both certified | 22 | | and non-certified school employees), personnel of institutions | 23 | | of higher education, educational
advocate assigned to a child | 24 | | pursuant to the School Code, member of a school board or the | 25 | | Chicago Board of Education or the governing body of a private |
| | | HB4144 | - 49 - | LRB100 14901 KTG 29726 b |
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| 1 | | school (but only to the extent required in accordance with | 2 | | other provisions of this Section expressly concerning the duty | 3 | | of school board members to report suspected child abuse), | 4 | | truant officers,
social worker, social services administrator,
| 5 | | domestic violence program personnel, registered nurse, | 6 | | licensed
practical nurse, genetic counselor,
respiratory care | 7 | | practitioner, advanced practice registered nurse, home
health | 8 | | aide, director or staff
assistant of a nursery school or a | 9 | | child day care center, recreational or athletic program
or | 10 | | facility personnel, early intervention provider as defined in | 11 | | the Early Intervention Services System Act, law enforcement | 12 | | officer, licensed professional
counselor, licensed clinical | 13 | | professional counselor, registered psychologist
and
assistants | 14 | | working under the direct supervision of a psychologist,
| 15 | | psychiatrist, or field personnel of the Department of | 16 | | Healthcare and Family Services,
Juvenile Justice, Public | 17 | | Health, Human Services (acting as successor to the Department | 18 | | of Mental
Health and Developmental Disabilities, | 19 | | Rehabilitation Services, or Public Aid),
Corrections, Human | 20 | | Rights, or Children and Family Services, supervisor and
| 21 | | administrator of general assistance under the Illinois Public | 22 | | Aid Code,
probation officer, animal control officer or Illinois | 23 | | Department of Agriculture Bureau of Animal Health and Welfare | 24 | | field investigator, or any other foster parent, homemaker or | 25 | | child care worker
having reasonable cause to believe a child | 26 | | known to them in their professional
or official capacity may be |
| | | HB4144 | - 50 - | LRB100 14901 KTG 29726 b |
|
| 1 | | an abused child or a neglected child shall
immediately report | 2 | | or cause a report to be made to the Department.
| 3 | | Any member of the clergy having reasonable cause to believe | 4 | | that a child
known to that member of the clergy in his or her | 5 | | professional capacity may be
an abused child as defined in item | 6 | | (c) of the definition of "abused child" in
Section 3 of this | 7 | | Act shall immediately report or cause a report to be made to
| 8 | | the Department.
| 9 | | Any physician, physician's assistant, registered nurse, | 10 | | licensed practical nurse, medical technician, certified | 11 | | nursing assistant, social worker, or licensed professional | 12 | | counselor of any office, clinic, or any other physical location | 13 | | that provides abortions, abortion referrals, or contraceptives | 14 | | having reasonable cause to believe a child known to him or her | 15 | | in his or her professional
or official capacity may be an | 16 | | abused child or a neglected child shall
immediately report or | 17 | | cause a report to be made to the Department. | 18 | | If an allegation is raised to a school board member during | 19 | | the course of an open or closed school board meeting that a | 20 | | child who is enrolled in the school district of which he or she | 21 | | is a board member is an abused child as defined in Section 3 of | 22 | | this Act, the member shall direct or cause the school board to | 23 | | direct the superintendent of the school district or other | 24 | | equivalent school administrator to comply with the | 25 | | requirements of this Act concerning the reporting of child | 26 | | abuse. For purposes of this paragraph, a school board member is |
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|
| 1 | | granted the authority in his or her individual capacity to | 2 | | direct the superintendent of the school district or other | 3 | | equivalent school administrator to comply with the | 4 | | requirements of this Act concerning the reporting of child | 5 | | abuse.
| 6 | | Notwithstanding any other provision of this Act, if an | 7 | | employee of a school district has made a report or caused a | 8 | | report to be made to the Department under this Act involving | 9 | | the conduct of a current or former employee of the school | 10 | | district and a request is made by another school district for | 11 | | the provision of information concerning the job performance or | 12 | | qualifications of the current or former employee because he or | 13 | | she is an applicant for employment with the requesting school | 14 | | district, the general superintendent of the school district to | 15 | | which the request is being made must disclose to the requesting | 16 | | school district the fact that an employee of the school | 17 | | district has made a report involving the conduct of the | 18 | | applicant or caused a report to be made to the Department, as | 19 | | required under this Act. Only the fact that an employee of the | 20 | | school district has made a report involving the conduct of the | 21 | | applicant or caused a report to be made to the Department may | 22 | | be disclosed by the general superintendent of the school | 23 | | district to which the request for information concerning the | 24 | | applicant is made, and this fact may be disclosed only in cases | 25 | | where the employee and the general superintendent have not been | 26 | | informed by the Department that the allegations were unfounded. |
| | | HB4144 | - 52 - | LRB100 14901 KTG 29726 b |
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| 1 | | An employee of a school district who is or has been the subject | 2 | | of a report made pursuant to this Act during his or her | 3 | | employment with the school district must be informed by that | 4 | | school district that if he or she applies for employment with | 5 | | another school district, the general superintendent of the | 6 | | former school district, upon the request of the school district | 7 | | to which the employee applies, shall notify that requesting | 8 | | school district that the employee is or was the subject of such | 9 | | a report.
| 10 | | Whenever
such person is required to report under this Act | 11 | | in his capacity as a member of
the staff of a medical or other | 12 | | public or private institution, school, facility
or agency, or | 13 | | as a member of the clergy, he shall
make report immediately to | 14 | | the Department in accordance
with the provisions of this Act | 15 | | and may also notify the person in charge of
such institution, | 16 | | school, facility or agency, or church, synagogue, temple,
| 17 | | mosque, or other religious institution, or his
designated agent | 18 | | that such
report has been made. Under no circumstances shall | 19 | | any person in charge of
such institution, school, facility or | 20 | | agency, or church, synagogue, temple,
mosque, or other | 21 | | religious institution, or his
designated agent to whom
such | 22 | | notification has been made, exercise any control, restraint, | 23 | | modification
or other change in the report or the forwarding of | 24 | | such report to the
Department.
| 25 | | The privileged quality of communication between any | 26 | | professional
person required to report
and his patient or |
| | | HB4144 | - 53 - | LRB100 14901 KTG 29726 b |
|
| 1 | | client shall not apply to situations involving abused or
| 2 | | neglected children and shall not constitute grounds for failure | 3 | | to report
as required by this Act or constitute grounds for | 4 | | failure to share information or documents with the Department | 5 | | during the course of a child abuse or neglect investigation. If | 6 | | requested by the professional, the Department shall confirm in | 7 | | writing that the information or documents disclosed by the | 8 | | professional were gathered in the course of a child abuse or | 9 | | neglect investigation.
| 10 | | The reporting requirements of this Act shall not apply to | 11 | | the contents of a privileged communication between an attorney | 12 | | and his or her client or to confidential information within the | 13 | | meaning of Rule 1.6 of the Illinois Rules of Professional | 14 | | Conduct relating to the legal representation of an individual | 15 | | client. | 16 | | A member of the clergy may claim the privilege under | 17 | | Section 8-803 of the
Code of Civil Procedure.
| 18 | | Any office, clinic, or any other physical location that | 19 | | provides abortions, abortion referrals, or contraceptives | 20 | | shall provide to all office personnel copies of written | 21 | | information and training materials about abuse and neglect and | 22 | | the requirements of this Act that are provided to employees of | 23 | | the office, clinic, or physical location who are required to | 24 | | make reports to the Department under this Act, and instruct | 25 | | such office personnel to bring to the attention of an employee | 26 | | of the office, clinic, or physical location who is required to |
| | | HB4144 | - 54 - | LRB100 14901 KTG 29726 b |
|
| 1 | | make reports to the Department under this Act any reasonable | 2 | | suspicion that a child known to him or her in his or her | 3 | | professional or official capacity may be an abused child or a | 4 | | neglected child. In addition to the above persons required to
| 5 | | report suspected cases of abused or neglected children, any | 6 | | other person
may make a report if such person has reasonable | 7 | | cause to believe a child
may be an abused child or a neglected | 8 | | child.
| 9 | | Any person who enters into
employment on and after July 1, | 10 | | 1986 and is mandated by virtue of that
employment to report | 11 | | under this Act, shall sign a statement on a form
prescribed by | 12 | | the Department, to the effect that the employee has knowledge
| 13 | | and understanding of the reporting requirements of this Act. | 14 | | The statement
shall be signed prior to commencement of the | 15 | | employment. The signed
statement shall be retained by the | 16 | | employer. The cost of printing,
distribution, and filing of the | 17 | | statement shall be borne by the employer.
| 18 | | Within one year of initial employment and at least every 5 | 19 | | years thereafter, school personnel required to report child | 20 | | abuse as provided under this Section must complete mandated | 21 | | reporter training by a provider or agency with expertise in | 22 | | recognizing and reporting child abuse. | 23 | | The Department shall provide copies of this Act, upon | 24 | | request, to all
employers employing persons who shall be | 25 | | required under the provisions of
this Section to report under | 26 | | this Act.
|
| | | HB4144 | - 55 - | LRB100 14901 KTG 29726 b |
|
| 1 | | Any person who knowingly transmits a false report to the | 2 | | Department
commits the offense of disorderly conduct under | 3 | | subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. | 4 | | A violation of this provision is a Class 4 felony.
| 5 | | Any person who knowingly and willfully violates any | 6 | | provision of this
Section other than a second or subsequent | 7 | | violation of transmitting a
false report as described in the
| 8 | | preceding paragraph, is guilty of a
Class A misdemeanor for
a | 9 | | first violation and a Class
4 felony for a
second or subsequent | 10 | | violation; except that if the person acted as part
of a plan or | 11 | | scheme having as its object the
prevention of discovery of an | 12 | | abused or neglected child by lawful authorities
for the
purpose | 13 | | of protecting or insulating any person or entity from arrest or
| 14 | | prosecution, the
person is guilty of a Class 4 felony for a | 15 | | first offense and a Class 3 felony
for a second or
subsequent | 16 | | offense (regardless of whether the second or subsequent offense
| 17 | | involves any
of the same facts or persons as the first or other | 18 | | prior offense).
| 19 | | A child whose parent, guardian or custodian in good faith | 20 | | selects and depends
upon spiritual means through prayer alone | 21 | | for the treatment or cure of
disease or remedial care may be | 22 | | considered neglected or abused, but not for
the sole reason | 23 | | that his parent, guardian or custodian accepts and
practices | 24 | | such beliefs.
| 25 | | A child shall not be considered neglected or abused solely | 26 | | because the
child is not attending school in accordance with |
| | | HB4144 | - 56 - | LRB100 14901 KTG 29726 b |
|
| 1 | | the requirements of
Article 26 of the School Code, as amended.
| 2 | | A child shall not be considered neglected or abused for the | 3 | | sole reason that the child's parent, guardian, or custodian is | 4 | | or has been a victim of domestic violence. | 5 | | Nothing in this Act prohibits a mandated reporter who | 6 | | reasonably believes that an animal is being abused or neglected | 7 | | in violation of the Humane Care for Animals Act from reporting | 8 | | animal abuse or neglect to the Department of Agriculture's | 9 | | Bureau of Animal Health and Welfare. | 10 | | A home rule unit may not regulate the reporting of child | 11 | | abuse or neglect in a manner inconsistent with the provisions | 12 | | of this Section. This Section is a limitation under subsection | 13 | | (i) of Section 6 of Article VII of the Illinois Constitution on | 14 | | the concurrent exercise by home rule units of powers and | 15 | | functions exercised by the State. | 16 | | For purposes of this Section "child abuse or neglect" | 17 | | includes abuse or neglect of an adult resident as defined in | 18 | | this Act. | 19 | | (Source: P.A. 100-513, eff. 1-1-18.)
| 20 | | (325 ILCS 5/5.1 new) | 21 | | Sec. 5.1. Domestic violence; prohibited custody. | 22 | | Notwithstanding any other provision of this Act to the | 23 | | contrary, the Department may not remove a child from the | 24 | | child's home and take custody of that child solely on the basis | 25 | | that the child's parent, guardian, or custodian is or has been |
| | | HB4144 | - 57 - | LRB100 14901 KTG 29726 b |
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| 1 | | a victim of domestic violence.
| 2 | | Section 95. No acceleration or delay. Where this Act makes | 3 | | changes in a statute that is represented in this Act by text | 4 | | that is not yet or no longer in effect (for example, a Section | 5 | | represented by multiple versions), the use of that text does | 6 | | not accelerate or delay the taking effect of (i) the changes | 7 | | made by this Act or (ii) provisions derived from any other | 8 | | Public Act.
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