Illinois General Assembly - Full Text of HB3304
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Full Text of HB3304  101st General Assembly


Rep. Fred Crespo

Filed: 3/22/2019





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2    AMENDMENT NO. ______. Amend House Bill 3304 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by adding Sections
510-23.14 and 22-84 as follows:
6    (105 ILCS 5/10-23.14 new)
7    Sec. 10-23.14. Child abuse or neglect investigations at
8schools. To adopt and implement a policy addressing child abuse
9or neglect investigations at schools consistent with Section
11    (105 ILCS 5/22-84 new)
12    Sec. 22-84. Child abuse or neglect investigation at
14    (a) As used in this Section:
15    "Alleged incidents of child abuse or neglect" is limited



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1to: (i) incidents of child abuse or neglect that are alleged to
2have been perpetrated by school personnel, including school
3vendors or volunteers; (ii) incidents of alleged child abuse or
4neglect that occurred on school grounds or during a school
5activity; or (iii) when school personnel became aware of the
6alleged incidents of child abuse or neglect of a child
7perpetrated by school personnel, vendors, or volunteers which
8occurs outside of school grounds or a school activity.
9    "Appropriate law enforcement agency" means a law
10enforcement agency whose employees have been involved, in some
11capacity, with an investigation of a particular alleged
12incident of child abuse or neglect.
13    "Child abuse or neglect" is used as that phrase is used in
14the Abused and Neglected Child Reporting Act.
15    "Written approval" means any electronic or paper
16communication signifying permission to proceed with an
17internal school investigation of an alleged incident of child
18abuse or neglect. "Written approval" from an appropriate law
19enforcement agency means approval by the agency's Chief or his
20or her designee. "Written approval" from the Department of
21Children and Family Services means approval by an area
22administrator or his or her designee.
23    (b) The General Assembly finds that:
24        (1) investigations of a child regarding incidents of
25    child abuse or neglect can induce significant trauma for
26    the child;



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1        (2) it is desirable to prevent multiple interviews of a
2    child at a school; and
3        (3) it is important to recognize the role of Children's
4    Advocacy Centers in conducting developmentally appropriate
5    investigations.
6    (c) When a mandated reporter within a school has knowledge
7of an alleged incident of child abuse or neglect, the reporter
8shall call the Department of Children and Family Services
9hotline immediately after obtaining the minimal information
10necessary to make a report, including names of affected parties
11and allegations. After a mandated reporter calls the hotline,
12no school personnel shall conduct an investigation of an
13alleged incident of child abuse or neglect until the Department
14of Children and Family Services has completed its investigation
15and the school has obtained written permission from either the
16Department of Children and Family Services or law enforcement.
17Schools in a county with an accredited Children's Advocacy
18Center shall contact the local Children's Advocacy Center to
19coordinate efforts and collaborate on ensuring the child victim
20receives necessary support services.
21    (d) If an appropriate law enforcement agency gives written
22approval to a school, it shall also notify the Department of
23Children and Family Services of the approval. If the Department
24of Children and Family Services gives written approval to a
25school, it shall also notify the appropriate law enforcement
26agency of the approval. If either the appropriate law



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1enforcement agency or the Department of Children and Family
2Services objects to the written approval granted to a school by
3the other entity, then the objecting entity shall notify the
4school as soon as possible and the school, upon receipt of the
5notification, shall not proceed with an investigation under
6subsection (c) until it receives written approval from both the
7appropriate law enforcement agency and the Department of
8Children and Family Services.
9    (e) The State Board of Education shall develop and make
10available materials detailing the information which is
11necessary to enable notification of law enforcement agencies or
12the Department of Children and Family Services of an alleged
13incident of child abuse or neglect. All schools shall ensure
14that mandated reporters review the State Board of Education's
15materials under this subsection at least once annually.
16    (f) This Section applies to all schools operated under this
17Code, including, but not limited to, public schools located in
18cities having a population of more than 500,000, a school
19operated pursuant to an agreement with a public school
20district, alternative schools operated by third parties, an
21alternative learning opportunities program, a public school
22administered by a local public agency or the Department of
23Human Services, charter schools operating under the authority
24of Article 27A, and non-public schools recognized by the
25Illinois State Board of Education.



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1    Section 99. Effective date. This Act takes effect July 1,