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1    AN ACT concerning children.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Children and Family Services Act is amended
5by changing Section 21 as follows:
6    (20 ILCS 505/21)  (from Ch. 23, par. 5021)
7    Sec. 21. Investigative powers; training.
8    (a) To make such investigations as it may deem necessary
9to the performance of its duties.
10    (b) In the course of any such investigation any qualified
11person authorized by the Director may administer oaths and
12secure by its subpoena both the attendance and testimony of
13witnesses and the production of books and papers relevant to
14such investigation. Any person who is served with a subpoena
15by the Department to appear and testify or to produce books and
16papers, in the course of an investigation authorized by law,
17and who refuses or neglects to appear, or to testify, or to
18produce books and papers relevant to such investigation, as
19commanded in such subpoena, shall be guilty of a Class B
20misdemeanor. The fees of witnesses for attendance and travel
21shall be the same as the fees of witnesses before the circuit
22courts of this State. Any circuit court of this State, upon
23application of the person requesting the hearing or the



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1Department, may compel the attendance of witnesses, the
2production of books and papers, and giving of testimony before
3the Department or before any authorized officer or employee
4thereof, by an attachment for contempt or otherwise, in the
5same manner as production of evidence may be compelled before
6such court. Every person who, having taken an oath or made
7affirmation before the Department or any authorized officer or
8employee thereof, shall willfully swear or affirm falsely,
9shall be guilty of perjury and upon conviction shall be
10punished accordingly.
11    (c) Investigations initiated under this Section shall
12provide individuals due process of law, including the right to
13a hearing, to cross-examine witnesses, to obtain relevant
14documents, and to present evidence. Administrative findings
15shall be subject to the provisions of the Administrative
16Review Law.
17    (d) Beginning July 1, 1988, any child protective
18investigator or supervisor or child welfare specialist or
19supervisor employed by the Department on the effective date of
20this amendatory Act of 1987 shall have completed a training
21program which shall be instituted by the Department. The
22training program shall include, but not be limited to, the
23following: (1) training in the detection of symptoms of child
24neglect and drug abuse; (2) specialized training for dealing
25with families and children of drug abusers; and (3) specific
26training in child development, family dynamics and interview



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1techniques. Such program shall conform to the criteria and
2curriculum developed under Section 4 of the Child Protective
3Investigator and Child Welfare Specialist Certification Act of
41987. Failure to complete such training due to lack of
5opportunity provided by the Department shall in no way be
6grounds for any disciplinary or other action against an
7investigator or a specialist.
8    The Department shall develop a continuous inservice staff
9development program and evaluation system. Each child
10protective investigator and supervisor and child welfare
11specialist and supervisor shall participate in such program
12and evaluation and shall complete a minimum of 20 hours of
13inservice education and training every 2 years in order to
14maintain certification.
15    Any child protective investigator or child protective
16supervisor, or child welfare specialist or child welfare
17specialist supervisor hired by the Department who begins his
18actual employment after the effective date of this amendatory
19Act of 1987, shall be certified pursuant to the Child
20Protective Investigator and Child Welfare Specialist
21Certification Act of 1987 before he begins such employment.
22Nothing in this Act shall replace or diminish the rights of
23employees under the Illinois Public Labor Relations Act, as
24amended, or the National Labor Relations Act. In the event of
25any conflict between either of those Acts, or any collective
26bargaining agreement negotiated thereunder, and the provisions



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1of subsections (d) and (e), the former shall prevail and
3    (e) The Department shall develop and implement the
5        (1) A safety-based child welfare intervention system
6    standardized child endangerment risk assessment protocol.
7        (2) Related training procedures.
8        (3) A standardized method for demonstration of
9    proficiency in application of the safety-based child
10    welfare intervention system protocol.
11        (4) An evaluation of the reliability and validity of
12    the safety-based child welfare intervention system
13    protocol.
14All child protective investigators and supervisors and child
15welfare specialists and supervisors employed by the Department
16or its contractors shall be required, subsequent to the
17availability of training under this Act, to demonstrate
18proficiency in application of the safety-based child welfare
19intervention system protocol previous to being permitted to
20make safety decisions about the degree of risk posed to
21children for whom they are responsible. The Department shall
22establish a multi-disciplinary advisory committee appointed by
23the Director, including but not limited to representatives
24from the fields of child development, domestic violence,
25family systems, juvenile justice, law enforcement, health
26care, mental health, substance abuse, and social service to



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1advise the Department and its related contractors in the
2development and implementation of the safety-based child
3welfare intervention system child endangerment risk assessment
4protocol, related training, method for demonstration of
5proficiency in application of the safety-based child welfare
6intervention system protocol, and evaluation of the
7reliability and validity of the safety-based child welfare
8intervention system protocol. The Department shall develop the
9safety-based child welfare intervention system protocol,
10training curriculum, method for demonstration of proficiency
11in application of the safety-based child welfare intervention
12system, protocol and method for evaluation of the reliability
13and validity of the safety-based child welfare intervention
14system protocol by July 1, 1995. Training and demonstration of
15proficiency in application of the safety-based child welfare
16intervention system child endangerment risk assessment
17protocol for all child protective investigators and
18supervisors and child welfare specialists and supervisors
19shall be completed as soon as practicable, but no later than
20January 1, 1996. The Department shall submit to the General
21Assembly on or before December 31, 2026 May 1, 1996, and every
22year thereafter, an annual report on the evaluation of the
23reliability and validity of the safety-based child welfare
24intervention system child endangerment risk assessment
25protocol. The Department shall contract with a not for profit
26organization with demonstrated expertise in the field of



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1safety-based child welfare intervention child endangerment
2risk assessment to assist in the development and
3implementation of the safety-based child welfare intervention
4system child endangerment risk assessment protocol, related
5training, method for demonstration of proficiency in
6application of the safety-based child welfare intervention
7system protocol, and evaluation of the reliability and
8validity of the safety-based child welfare intervention system
10    (f) The Department shall provide each parent or guardian
11and responsible adult caregiver participating in a safety plan
12a copy of the written safety plan as signed by each parent or
13guardian and responsible adult caregiver and by a
14representative of the Department. The Department shall also
15provide each parent or guardian and responsible adult
16caregiver safety plan information on their rights and
17responsibilities that shall include, but need not be limited
18to, information on how to obtain medical care, emergency phone
19numbers, and information on how to notify schools or day care
20providers as appropriate. The Department's representative
21shall ensure that the safety plan is reviewed and approved by
22the child protection supervisor.
23(Source: P.A. 98-830, eff. 1-1-15.)
24    Section 10. The Advisory Commission on Reducing the
25Disproportionate Representation of African-American Children



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1in Foster Care Act is amended by changing Section 10 as
3    (20 ILCS 4104/10)
4    Sec. 10. Advisory Commission on Reducing the
5Disproportionate Representation of African-American Children
6in Foster Care.
7    (a) The Advisory Commission on Reducing the
8Disproportionate Representation of African-American Children
9in Foster Care is created and shall have the following
10appointed members:
11        (1) One member appointed by the Governor or his of her
12    designee.
13        (2) One member appointed by the Speaker of the House
14    of Representatives or his or her designee.
15        (3) One member appointed by the Minority Leader of the
16    House of Representatives or his or her designee.
17        (4) One member appointed by the President of the
18    Senate or his or her designee.
19        (5) One member appointed by the Minority Leader of the
20    Senate or his or her designee.
21        (6) The Department on Aging, the Department of
22    Children and Family Services, the Department of Human
23    Services, the Department of Juvenile Justice, the
24    Department of Commerce and Economic Opportunity, the
25    Department of Healthcare and Family Services, the



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1    Department of Public Health, the State Board of Education,
2    the Board of Higher Education, the Illinois Community
3    College Board, the Department of Human Rights, the Capital
4    Development Board, the Department of Corrections, and the
5    Department of Labor shall each appoint a liaison to serve
6    ex officio on the Commission.
7        (7) One member from the Task Force on Strengthening
8    Child Welfare Workforce for Children and Families.
9        (8) One member from the Safety-Based Child Welfare
10    Intervention Child Endangerment Risk Assessment Protocol
11    Advisory Committee.
12        (9) Two members representing nonprofit organizations
13    that advocate for African-American children or youth to be
14    appointed by the Governor or his or her designee.
15    (b) The Governor or his or her designee shall appoint the
16chairperson or chairpersons.
17    (c) Each member appointed to the Commission shall have a
18working knowledge of Illinois' child welfare system. The
19members shall reflect regional representation to ensure that
20the needs of African-American families and children throughout
21the State of Illinois are met.
22    (d) Members shall be appointed within 60 days after the
23effective date of this Act. The Advisory Commission shall hold
24its initial meetings within 60 days after at least 50% of the
25members have been appointed.
26    (e) Vacancies on the Advisory Commission shall be filled



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1in the same manner as initial appointments. Appointments to
2fill vacancies occurring before the expiration of a term shall
3be for the remainder of the unexpired term. Members shall
4serve without compensation but may be reimbursed for actual
5necessary expenses incurred in the performance of their
7    (f) The Department of Children and Family Services shall
8provide administrative support to the Advisory Commission.
9(Source: P.A. 102-470, eff. 8-20-21.)
10    Section 15. The Abused and Neglected Child Reporting Act
11is amended by changing Sections 7.01 and 7.4 as follows:
12    (325 ILCS 5/7.01)
13    Sec. 7.01. Reports made by mandated reporters that require
14a child welfare services referral Safety assessments for
15reports made by mandated reporters.
16    (a) When a report is made by a mandated reporter to the
17statewide toll-free telephone number established under Section
187.6 of this Act and there is a prior indicated report of abuse
19or neglect, or there is a prior open service case involving any
20member of the household, the Department must, at a minimum,
21accept the report as a child welfare services referral. If the
22family refuses to cooperate or refuses access to the home or
23children, then a child protective services investigation shall
24be initiated if the facts otherwise meet the criteria to



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1accept a report.
2    As used in this Section, "child welfare services referral"
3means an assessment of the family for service needs and
4linkage to available local community resources for the purpose
5of preventing or remedying or assisting in the solution of
6problems which may result in the neglect, abuse, exploitation,
7or delinquency of children, and as further defined in
8Department rules and procedures.
9    As used in this Section, "prior open service case" means a
10case in which the Department has provided services to the
11family either directly or through a purchase of service
13    (b) One year after the effective date of this amendatory
14Act of the 101st General Assembly, the Auditor General shall
15commence a performance audit of the Department of Children and
16Family Services to determine whether the Department is meeting
17the requirements of this Section. Within 2 years after the
18audit's release, the Auditor General shall commence a
19follow-up performance audit to determine whether the
20Department has implemented the recommendations contained in
21the initial performance audit. Upon completion of each audit,
22the Auditor General shall report its findings to the General
23Assembly. The Auditor General's reports shall include any
24issues or deficiencies and recommendations. The audits
25required by this Section shall be in accordance with and
26subject to the Illinois State Auditing Act.



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1(Source: P.A. 101-237, eff. 1-1-20.)
2    (325 ILCS 5/7.4)  (from Ch. 23, par. 2057.4)
3    Sec. 7.4. (a) The Department shall be capable of receiving
4reports of suspected child abuse or neglect 24 hours a day, 7
5days a week. Whenever the Department receives a report
6alleging that a child is a truant as defined in Section 26-2a
7of the School Code, as now or hereafter amended, the
8Department shall notify the superintendent of the school
9district in which the child resides and the appropriate
10superintendent of the educational service region. The
11notification to the appropriate officials by the Department
12shall not be considered an allegation of abuse or neglect
13under this Act.
14    (a-5) The Department of Children and Family Services may
15implement a "differential response program" in accordance with
16criteria, standards, and procedures prescribed by rule. The
17program may provide that, upon receiving a report, the
18Department shall determine whether to conduct a family
19assessment or an investigation as appropriate to prevent or
20provide a remedy for child abuse or neglect.
21    For purposes of this subsection (a-5), "family assessment"
22means a comprehensive assessment of child safety, risk of
23subsequent child maltreatment, and family strengths and needs
24that is applied to a child maltreatment report that does not
25allege substantial child endangerment. "Family assessment"



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1does not include a determination as to whether child
2maltreatment occurred but does determine the need for services
3to address the safety of family members and the risk of
4subsequent maltreatment.
5    For purposes of this subsection (a-5), "investigation"
6means fact-gathering related to the current safety of a child
7and the risk of subsequent abuse or neglect that determines
8whether a report of suspected child abuse or neglect should be
9indicated or unfounded and whether child protective services
10are needed.
11    Under the "differential response program" implemented
12under this subsection (a-5), the Department:
13        (1) Shall conduct an investigation on reports
14    involving substantial child abuse or neglect.
15        (2) Shall begin an immediate investigation if, at any
16    time when it is using a family assessment response, it
17    determines that there is reason to believe that
18    substantial child abuse or neglect or a serious threat to
19    the child's safety exists.
20        (3) May conduct a family assessment for reports that
21    do not allege substantial child endangerment. In
22    determining that a family assessment is appropriate, the
23    Department may consider issues, including, but not limited
24    to, child safety, parental cooperation, and the need for
25    an immediate response.
26        (4) Shall promulgate criteria, standards, and



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1    procedures that shall be applied in making this
2    determination, taking into consideration the Safety-Based
3    Child Welfare Intervention System Child Endangerment Risk
4    Assessment Protocol of the Department.
5        (5) May conduct a family assessment on a report that
6    was initially screened and assigned for an investigation.
7    In determining that a complete investigation is not
8required, the Department must document the reason for
9terminating the investigation and notify the local law
10enforcement agency or the Illinois State Police if the local
11law enforcement agency or Illinois State Police is conducting
12a joint investigation.
13    Once it is determined that a "family assessment" will be
14implemented, the case shall not be reported to the central
15register of abuse and neglect reports.
16    During a family assessment, the Department shall collect
17any available and relevant information to determine child
18safety, risk of subsequent abuse or neglect, and family
20    Information collected includes, but is not limited to,
21when relevant: information with regard to the person reporting
22the alleged abuse or neglect, including the nature of the
23reporter's relationship to the child and to the alleged
24offender, and the basis of the reporter's knowledge for the
25report; the child allegedly being abused or neglected; the
26alleged offender; the child's caretaker; and other collateral



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1sources having relevant information related to the alleged
2abuse or neglect. Information relevant to the assessment must
3be asked for, and may include:
4        (A) The child's sex and age, prior reports of abuse or
5    neglect, information relating to developmental
6    functioning, credibility of the child's statement, and
7    whether the information provided under this paragraph (A)
8    is consistent with other information collected during the
9    course of the assessment or investigation.
10        (B) The alleged offender's age, a record check for
11    prior reports of abuse or neglect, and criminal charges
12    and convictions. The alleged offender may submit
13    supporting documentation relevant to the assessment.
14        (C) Collateral source information regarding the
15    alleged abuse or neglect and care of the child. Collateral
16    information includes, when relevant: (i) a medical
17    examination of the child; (ii) prior medical records
18    relating to the alleged maltreatment or care of the child
19    maintained by any facility, clinic, or health care
20    professional, and an interview with the treating
21    professionals; and (iii) interviews with the child's
22    caretakers, including the child's parent, guardian, foster
23    parent, child care provider, teachers, counselors, family
24    members, relatives, and other persons who may have
25    knowledge regarding the alleged maltreatment and the care
26    of the child.



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1        (D) Information on the existence of domestic abuse and
2    violence in the home of the child, and substance abuse.
3    Nothing in this subsection (a-5) precludes the Department
4from collecting other relevant information necessary to
5conduct the assessment or investigation. Nothing in this
6subsection (a-5) shall be construed to allow the name or
7identity of a reporter to be disclosed in violation of the
8protections afforded under Section 7.19 of this Act.
9    After conducting the family assessment, the Department
10shall determine whether services are needed to address the
11safety of the child and other family members and the risk of
12subsequent abuse or neglect.
13    Upon completion of the family assessment, if the
14Department concludes that no services shall be offered, then
15the case shall be closed. If the Department concludes that
16services shall be offered, the Department shall develop a
17family preservation plan and offer or refer services to the
19    At any time during a family assessment, if the Department
20believes there is any reason to stop the assessment and
21conduct an investigation based on the information discovered,
22the Department shall do so.
23    The procedures available to the Department in conducting
24investigations under this Act shall be followed as appropriate
25during a family assessment.
26    If the Department implements a differential response



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1program authorized under this subsection (a-5), the Department
2shall arrange for an independent evaluation of the program for
3at least the first 3 years of implementation to determine
4whether it is meeting the goals in accordance with Section 2 of
5this Act.
6    The Department may adopt administrative rules necessary
7for the execution of this Section, in accordance with Section
84 of the Children and Family Services Act.
9    The Department shall submit a report to the General
10Assembly by January 15, 2018 on the implementation progress
11and recommendations for additional needed legislative changes.
12    (b)(1) The following procedures shall be followed in the
13investigation of all reports of suspected abuse or neglect of
14a child, except as provided in subsection (c) of this Section.
15    (2) If, during a family assessment authorized by
16subsection (a-5) or an investigation, it appears that the
17immediate safety or well-being of a child is endangered, that
18the family may flee or the child disappear, or that the facts
19otherwise so warrant, the Child Protective Service Unit shall
20commence an investigation immediately, regardless of the time
21of day or night. All other investigations shall be commenced
22within 24 hours of receipt of the report. Upon receipt of a
23report, the Child Protective Service Unit shall conduct a
24family assessment authorized by subsection (a-5) or begin an
25initial investigation and make an initial determination
26whether the report is a good faith indication of alleged child



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1abuse or neglect.
2    (3) Based on an initial investigation, if the Unit
3determines the report is a good faith indication of alleged
4child abuse or neglect, then a formal investigation shall
5commence and, pursuant to Section 7.12 of this Act, may or may
6not result in an indicated report. The formal investigation
7shall include: direct contact with the subject or subjects of
8the report as soon as possible after the report is received; an
9evaluation of the environment of the child named in the report
10and any other children in the same environment; a
11determination of the risk to such children if they continue to
12remain in the existing environments, as well as a
13determination of the nature, extent and cause of any condition
14enumerated in such report; the name, age and condition of
15other children in the environment; and an evaluation as to
16whether there would be an immediate and urgent necessity to
17remove the child from the environment if appropriate family
18preservation services were provided. After seeing to the
19safety of the child or children, the Department shall
20forthwith notify the subjects of the report in writing, of the
21existence of the report and their rights existing under this
22Act in regard to amendment or expungement. To fulfill the
23requirements of this Section, the Child Protective Service
24Unit shall have the capability of providing or arranging for
25comprehensive emergency services to children and families at
26all times of the day or night.



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1    (4) If (i) at the conclusion of the Unit's initial
2investigation of a report, the Unit determines the report to
3be a good faith indication of alleged child abuse or neglect
4that warrants a formal investigation by the Unit, the
5Department, any law enforcement agency or any other
6responsible agency and (ii) the person who is alleged to have
7caused the abuse or neglect is employed or otherwise engaged
8in an activity resulting in frequent contact with children and
9the alleged abuse or neglect are in the course of such
10employment or activity, then the Department shall, except in
11investigations where the Director determines that such
12notification would be detrimental to the Department's
13investigation, inform the appropriate supervisor or
14administrator of that employment or activity that the Unit has
15commenced a formal investigation pursuant to this Act, which
16may or may not result in an indicated report. The Department
17shall also notify the person being investigated, unless the
18Director determines that such notification would be
19detrimental to the Department's investigation.
20    (c) In an investigation of a report of suspected abuse or
21neglect of a child by a school employee at a school or on
22school grounds, the Department shall make reasonable efforts
23to follow the following procedures:
24        (1) Investigations involving teachers shall not, to
25    the extent possible, be conducted when the teacher is
26    scheduled to conduct classes. Investigations involving



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1    other school employees shall be conducted so as to
2    minimize disruption of the school day. The school employee
3    accused of child abuse or neglect may have his superior,
4    his association or union representative and his attorney
5    present at any interview or meeting at which the teacher
6    or administrator is present. The accused school employee
7    shall be informed by a representative of the Department,
8    at any interview or meeting, of the accused school
9    employee's due process rights and of the steps in the
10    investigation process. These due process rights shall also
11    include the right of the school employee to present
12    countervailing evidence regarding the accusations. In an
13    investigation in which the alleged perpetrator of abuse or
14    neglect is a school employee, including, but not limited
15    to, a school teacher or administrator, and the
16    recommendation is to determine the report to be indicated,
17    in addition to other procedures as set forth and defined
18    in Department rules and procedures, the employee's due
19    process rights shall also include: (i) the right to a copy
20    of the investigation summary; (ii) the right to review the
21    specific allegations which gave rise to the investigation;
22    and (iii) the right to an administrator's teleconference
23    which shall be convened to provide the school employee
24    with the opportunity to present documentary evidence or
25    other information that supports his or her position and to
26    provide information before a final finding is entered.



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1        (2) If a report of neglect or abuse of a child by a
2    teacher or administrator does not involve allegations of
3    sexual abuse or extreme physical abuse, the Child
4    Protective Service Unit shall make reasonable efforts to
5    conduct the initial investigation in coordination with the
6    employee's supervisor.
7        If the Unit determines that the report is a good faith
8    indication of potential child abuse or neglect, it shall
9    then commence a formal investigation under paragraph (3)
10    of subsection (b) of this Section.
11        (3) If a report of neglect or abuse of a child by a
12    teacher or administrator involves an allegation of sexual
13    abuse or extreme physical abuse, the Child Protective Unit
14    shall commence an investigation under paragraph (2) of
15    subsection (b) of this Section.
16    (c-5) In any instance in which a report is made or caused
17to made by a school district employee involving the conduct of
18a person employed by the school district, at the time the
19report was made, as required under Section 4 of this Act, the
20Child Protective Service Unit shall send a copy of its final
21finding report to the general superintendent of that school
23    (c-10) The Department may recommend that a school district
24remove a school employee who is the subject of an
25investigation from his or her employment position pending the
26outcome of the investigation; however, all employment



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1decisions regarding school personnel shall be the sole
2responsibility of the school district or employer. The
3Department may not require a school district to remove a
4school employee from his or her employment position or limit
5the school employee's duties pending the outcome of an
7    (d) If the Department has contact with an employer, or
8with a religious institution or religious official having
9supervisory or hierarchical authority over a member of the
10clergy accused of the abuse of a child, in the course of its
11investigation, the Department shall notify the employer or the
12religious institution or religious official, in writing, when
13a report is unfounded so that any record of the investigation
14can be expunged from the employee's or member of the clergy's
15personnel or other records. The Department shall also notify
16the employee or the member of the clergy, in writing, that
17notification has been sent to the employer or to the
18appropriate religious institution or religious official
19informing the employer or religious institution or religious
20official that the Department's investigation has resulted in
21an unfounded report.
22    (d-1) Whenever a report alleges that a child was abused or
23neglected while receiving care in a hospital, including a
24freestanding psychiatric hospital licensed by the Department
25of Public Health, the Department shall send a copy of its final
26finding to the Director of Public Health and the Director of



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1Healthcare and Family Services.
2    (e) Upon request by the Department, the Illinois State
3Police and law enforcement agencies are authorized to provide
4criminal history record information as defined in the Illinois
5Uniform Conviction Information Act and information maintained
6in the adjudicatory and dispositional record system as defined
7in Section 2605-355 of the Illinois State Police Law to
8properly designated employees of the Department of Children
9and Family Services if the Department determines the
10information is necessary to perform its duties under the
11Abused and Neglected Child Reporting Act, the Child Care Act
12of 1969, and the Children and Family Services Act. The request
13shall be in the form and manner required by the Illinois State
14Police. Any information obtained by the Department of Children
15and Family Services under this Section is confidential and may
16not be transmitted outside the Department of Children and
17Family Services other than to a court of competent
18jurisdiction or unless otherwise authorized by law. Any
19employee of the Department of Children and Family Services who
20transmits confidential information in violation of this
21Section or causes the information to be transmitted in
22violation of this Section is guilty of a Class A misdemeanor
23unless the transmittal of the information is authorized by
24this Section or otherwise authorized by law.
25    (f) For purposes of this Section, "child abuse or neglect"
26includes abuse or neglect of an adult resident as defined in



SB0375 Engrossed- 23 -LRB103 02782 KTG 47788 b

1this Act.
2(Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)