Full Text of HB4071 102nd General Assembly
HB4071ham002 102ND GENERAL ASSEMBLY | Rep. Tom Weber Filed: 3/1/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4071
| 2 | | AMENDMENT NO. ______. Amend House Bill 4071 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Reference to Act. This Act may be referred to | 5 | | as the AJ Freund Act. | 6 | | Section 5. The Abused and Neglected Child Reporting Act is | 7 | | amended by changing Section 7.3 as follows:
| 8 | | (325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
| 9 | | Sec. 7.3. (a) The Department shall be the sole agency | 10 | | responsible for receiving
and investigating reports of child | 11 | | abuse or neglect made under this Act,
including reports of | 12 | | adult resident abuse or neglect as defined in this Act, except | 13 | | where investigations by other agencies may be required with
| 14 | | respect to reports alleging the abuse or neglect of a child by | 15 | | a person who is not the child's parent, a member of the child's |
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| 1 | | immediate family, a person responsible for the child's | 2 | | welfare, an individual residing in the same home as the child, | 3 | | or a paramour of the child's parent, the death of a child, | 4 | | serious injury to a child
or sexual abuse to a child made | 5 | | pursuant to Sections 4.1 or 7 of this Act,
and except that the | 6 | | Department may delegate the performance of the
investigation | 7 | | to the Illinois State Police, a law enforcement agency
and to | 8 | | those private social service agencies which have been | 9 | | designated for
this purpose by the Department prior to July 1, | 10 | | 1980.
| 11 | | (b) Notwithstanding any other provision of this Act, the | 12 | | Department shall adopt rules expressly allowing law | 13 | | enforcement personnel to investigate reports of suspected | 14 | | child abuse or neglect concurrently with the Department, | 15 | | without regard to whether the Department determines a report | 16 | | to be "indicated" or "unfounded" or deems a report to be | 17 | | "undetermined".
Upon any determination, the complete | 18 | | investigative report shall be shared with the office of the | 19 | | State's Attorney of the involved county, if requested, to the | 20 | | extent such disclosure is permitted by current law and
| 21 | | regulation, and subject to any and all existing and applicable
| 22 | | requirements to maintain the information shared as | 23 | | confidential. Nothing shall prohibit the office of the State's | 24 | | Attorney of the involved county from concurrently conducting | 25 | | an additional, independent investigation of the same incidents | 26 | | and allegations investigated by the Department. At the |
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| 1 | | commencement of the State's Attorney's independent | 2 | | investigation, the State's Attorney, in his or her official | 3 | | capacity as a mandated reporter, shall notify the Department | 4 | | of the independent investigation by making a report by | 5 | | telephone to the central register established under Section | 6 | | 7.7 on the single, State-wide, toll-free telephone number | 7 | | established in Section 7.6. Upon completion of the independent | 8 | | investigation, the State's Attorney shall share his or her | 9 | | findings and determinations with the Department. | 10 | | (c) By June 1, 2016, the Department shall adopt rules that | 11 | | address and set forth criteria and standards relevant to | 12 | | investigations of reports of abuse or neglect committed by any | 13 | | agency, as defined in Section 3 of this Act, or person working | 14 | | for an agency responsible for the welfare of a child or adult | 15 | | resident. | 16 | | (Source: P.A. 101-583, eff. 1-1-20; 102-538, eff. 8-20-21.)".
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