HB3304ham001 101ST GENERAL ASSEMBLY

Rep. Fred Crespo

Filed: 3/22/2019

10100HB3304ham001 LRB101 09747 AWJ 58460 a

AMENDMENT TO HOUSE BILL 3304

AMENDMENT NO. ______. Amend House Bill 3304 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by adding Sections 10-23.14 and 22-84 as follows:

(105 ILCS 5/10-23.14 new)

Sec. 10-23.14. Child abuse or neglect investigations at schools. To adopt and implement a policy addressing child abuse or neglect investigations at schools consistent with Section 22-84.

(105 ILCS 5/22-84 new)

Sec. 22-84. Child abuse or neglect investigation at schools.

(a) As used in this Section:

"Alleged incidents of child abuse or neglect" is limited to: (i) incidents of child abuse or neglect that are alleged to have been perpetrated by school personnel, including school vendors or volunteers; (ii) incidents of alleged child abuse or neglect that occurred on school grounds or during a school activity; or (iii) when school personnel became aware of the alleged incidents of child abuse or neglect of a child perpetrated by school personnel, vendors, or volunteers which occurs outside of school grounds or a school activity.

"Appropriate law enforcement agency" means a law enforcement agency whose employees have been involved, in some capacity, with an investigation of a particular alleged incident of child abuse or neglect.

"Child abuse or neglect" is used as that phrase is used in the Abused and Neglected Child Reporting Act.

"Written approval" means any electronic or paper communication signifying permission to proceed with an internal school investigation of an alleged incident of child abuse or neglect. "Written approval" from an appropriate law enforcement agency means approval by the agency's Chief or his or her designee. "Written approval" from the Department of Children and Family Services means approval by an area administrator or his or her designee.

(b) The General Assembly finds that:

(1) investigations of a child regarding incidents of child abuse or neglect can induce significant trauma for the child;

(2) it is desirable to prevent multiple interviews of a child at a school; and

(3) it is important to recognize the role of Children's Advocacy Centers in conducting developmentally appropriate investigations.

(c) When a mandated reporter within a school has knowledge of an alleged incident of child abuse or neglect, the reporter shall call the Department of Children and Family Services hotline immediately after obtaining the minimal information necessary to make a report, including names of affected parties and allegations. After a mandated reporter calls the hotline, no school personnel shall conduct an investigation of an alleged incident of child abuse or neglect until the Department of Children and Family Services has completed its investigation and the school has obtained written permission from either the Department of Children and Family Services or law enforcement. Schools in a county with an accredited Children's Advocacy Center shall contact the local Children's Advocacy Center to coordinate efforts and collaborate on ensuring the child victim receives necessary support services.

(d) If an appropriate law enforcement agency gives written approval to a school, it shall also notify the Department of Children and Family Services of the approval. If the Department of Children and Family Services gives written approval to a school, it shall also notify the appropriate law enforcement agency of the approval. If either the appropriate law enforcement agency or the Department of Children and Family Services objects to the written approval granted to a school by the other entity, then the objecting entity shall notify the school as soon as possible and the school, upon receipt of the notification, shall not proceed with an investigation under subsection (c) until it receives written approval from both the appropriate law enforcement agency and the Department of Children and Family Services.

(e) The State Board of Education shall develop and make available materials detailing the information which is necessary to enable notification of law enforcement agencies or the Department of Children and Family Services of an alleged incident of child abuse or neglect. All schools shall ensure that mandated reporters review the State Board of Education's materials under this subsection at least once annually.

(f) This Section applies to all schools operated under this Code, including, but not limited to, public schools located in cities having a population of more than 500,000, a school operated pursuant to an agreement with a public school district, alternative schools operated by third parties, an alternative learning opportunities program, a public school administered by a local public agency or the Department of Human Services, charter schools operating under the authority of Article 27A, and non-public schools recognized by the Illinois State Board of Education.

Section 99. Effective date. This Act takes effect July 1, 2019.".