Full Text of SB0375 103rd General Assembly
SB0375enr 103RD GENERAL ASSEMBLY |
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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 5. The Children and Family Services Act is amended | 5 | | by 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 | 9 | | to the
performance of its duties.
| 10 | | (b) In the course of any such investigation any
qualified | 11 | | person authorized by the Director may administer oaths and | 12 | | secure
by its subpoena both the attendance and testimony of | 13 | | witnesses and the
production of books and papers relevant to | 14 | | such investigation. Any person
who is served with a subpoena | 15 | | by the Department to appear and testify or to
produce books and | 16 | | papers, in the course of an investigation authorized by
law, | 17 | | and who refuses or neglects to appear, or to testify, or to | 18 | | produce
books and papers relevant to such investigation, as | 19 | | commanded in such
subpoena, shall be guilty of a Class B | 20 | | misdemeanor. The fees of witnesses
for attendance and travel | 21 | | shall be the same as the fees of witnesses before
the circuit | 22 | | courts of this State. Any circuit court of this State, upon
| 23 | | application of the person requesting the hearing or the |
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| 1 | | Department, may
compel the attendance of witnesses, the
| 2 | | production of books and papers, and giving of testimony
before | 3 | | the Department or before any authorized officer or employee | 4 | | thereof,
by an attachment for contempt or otherwise, in the | 5 | | same manner as
production of evidence may be compelled before | 6 | | such court. Every person
who, having taken an oath or made | 7 | | affirmation before the Department or any
authorized officer or | 8 | | employee thereof, shall willfully swear or affirm
falsely, | 9 | | shall be guilty of perjury and upon conviction shall be | 10 | | punished
accordingly.
| 11 | | (c) Investigations initiated under this Section shall | 12 | | provide
individuals due process of law, including the right to | 13 | | a hearing, to
cross-examine witnesses, to obtain relevant | 14 | | documents, and to present
evidence. Administrative findings | 15 | | shall be subject to the provisions of the
Administrative | 16 | | Review Law.
| 17 | | (d) Beginning July 1, 1988, any child protective | 18 | | investigator or
supervisor or child welfare specialist or | 19 | | supervisor employed by the
Department on the
effective date of | 20 | | this amendatory Act of 1987
shall have completed a training | 21 | | program which shall be instituted by the
Department. The
| 22 | | training program shall include, but not be limited to, the | 23 | | following: (1)
training in the detection of symptoms of child | 24 | | neglect and drug abuse; (2)
specialized training for dealing | 25 | | with families and children of drug
abusers; and (3) specific | 26 | | training in child development, family dynamics
and interview |
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| 1 | | techniques. Such program shall conform to the criteria and
| 2 | | curriculum developed under Section 4 of the Child Protective | 3 | | Investigator
and Child Welfare Specialist Certification
Act of | 4 | | 1987. Failure to complete such training due to lack of
| 5 | | opportunity provided by the Department shall in no way be | 6 | | grounds for any
disciplinary or other action against an | 7 | | investigator or a specialist.
| 8 | | The Department shall develop a continuous inservice staff | 9 | | development
program and evaluation system. Each child | 10 | | protective investigator and
supervisor and child welfare | 11 | | specialist and supervisor shall participate in
such program | 12 | | and evaluation and shall complete a minimum of 20 hours of
| 13 | | inservice education and training every 2 years in order to | 14 | | maintain certification.
| 15 | | Any child protective investigator or child protective | 16 | | supervisor,
or child welfare specialist or child welfare | 17 | | specialist supervisor
hired by
the Department who begins his
| 18 | | actual
employment after the effective date of this amendatory | 19 | | Act of 1987, shall
be certified
pursuant
to the Child | 20 | | Protective Investigator and Child Welfare Specialist
| 21 | | Certification Act of 1987 before he
begins such employment. | 22 | | Nothing in this Act shall replace or diminish the
rights of | 23 | | employees under the Illinois Public Labor Relations Act, as
| 24 | | amended, or the National Labor Relations Act. In the event of | 25 | | any conflict
between either of those Acts, or any collective
| 26 | | bargaining agreement negotiated thereunder, and the provisions |
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| 1 | | of subsections
(d) and (e), the former shall prevail and | 2 | | control.
| 3 | | (e) The Department shall develop and implement the | 4 | | following:
| 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 .
| 14 | | All child protective investigators and supervisors
and child | 15 | | welfare specialists and supervisors employed by the Department | 16 | | or its
contractors shall be required, subsequent to the | 17 | | availability of training under
this Act, to demonstrate | 18 | | proficiency in application of the safety-based child welfare | 19 | | intervention system protocol previous to
being permitted to | 20 | | make safety decisions about the degree of risk posed to | 21 | | children
for whom they are responsible. The Department shall | 22 | | establish a
multi-disciplinary advisory committee
appointed by | 23 | | the Director, including but not limited to representatives | 24 | | from
the fields of child development, domestic violence, | 25 | | family systems, juvenile
justice, law enforcement, health | 26 | | care, mental health, substance abuse, and
social service to |
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| 1 | | advise the Department and its related contractors in the
| 2 | | development and implementation of the safety-based child | 3 | | welfare intervention system child
endangerment risk assessment | 4 | | protocol , related training, method for
demonstration of | 5 | | proficiency in application of the safety-based child welfare | 6 | | intervention system protocol , and evaluation of
the | 7 | | reliability and validity of the safety-based child welfare | 8 | | intervention system protocol . The Department shall develop the
| 9 | | safety-based child welfare intervention system protocol , | 10 | | training curriculum, method for demonstration of proficiency | 11 | | in
application of the safety-based child welfare intervention | 12 | | system, protocol and method for evaluation of the reliability | 13 | | and
validity of the safety-based child welfare intervention | 14 | | system protocol by July 1, 1995 . Training and demonstration of
| 15 | | proficiency in application of the safety-based child welfare | 16 | | intervention system child endangerment risk assessment | 17 | | protocol
for all child protective investigators and | 18 | | supervisors and child welfare
specialists and
supervisors
| 19 | | shall be completed
as soon as practicable , but no later than | 20 | | January 1, 1996 . The Department
shall submit
to
the General | 21 | | Assembly on or before December 31, 2026 May 1, 1996 , and every | 22 | | year thereafter, an
annual report on the evaluation of the | 23 | | reliability and validity of the safety-based child welfare | 24 | | intervention system child
endangerment risk assessment | 25 | | protocol . The Department shall contract with a
not for profit | 26 | | organization with demonstrated expertise in the field of |
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| 1 | | safety-based child welfare intervention child
endangerment | 2 | | risk assessment to assist in the development and | 3 | | implementation of
the safety-based child welfare intervention | 4 | | system child endangerment risk assessment protocol , related | 5 | | training, method for
demonstration of proficiency in | 6 | | application of the safety-based child welfare intervention | 7 | | system protocol , and evaluation of
the reliability and | 8 | | validity of the safety-based child welfare intervention system | 9 | | protocol .
| 10 | | (f) The Department shall provide each parent or guardian | 11 | | and responsible adult caregiver participating in a safety plan | 12 | | a copy of the written safety plan as signed by each parent or | 13 | | guardian and responsible adult caregiver and by a | 14 | | representative of the Department. The Department shall also | 15 | | provide each parent or guardian and responsible adult | 16 | | caregiver safety plan information on their rights and | 17 | | responsibilities that shall include, but need not be limited | 18 | | to, information on how to obtain medical care, emergency phone | 19 | | numbers, and information on how to notify schools or day care | 20 | | providers as appropriate. The Department's representative | 21 | | shall ensure that the safety plan is reviewed and approved by | 22 | | the child protection supervisor. | 23 | | (Source: P.A. 98-830, eff. 1-1-15 .)
| 24 | | Section 10. The Advisory Commission on Reducing the | 25 | | Disproportionate Representation of African-American Children |
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| 1 | | in Foster Care Act is amended by changing Section 10 as | 2 | | follows: | 3 | | (20 ILCS 4104/10)
| 4 | | Sec. 10. Advisory Commission on Reducing the | 5 | | Disproportionate Representation of African-American Children | 6 | | in Foster Care. | 7 | | (a) The Advisory Commission on Reducing the | 8 | | Disproportionate Representation of African-American Children | 9 | | in Foster Care is created and shall have the following | 10 | | appointed 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 | 16 | | chairperson or chairpersons. | 17 | | (c) Each member appointed to the Commission shall have a | 18 | | working knowledge of Illinois' child welfare system. The | 19 | | members shall reflect regional representation to ensure that | 20 | | the needs of African-American families and children throughout | 21 | | the State of Illinois are met. | 22 | | (d) Members shall be appointed within 60 days after
the | 23 | | effective date of this Act. The Advisory Commission shall hold | 24 | | its
initial meetings within 60 days after at least 50% of the
| 25 | | members have been appointed. | 26 | | (e) Vacancies on the Advisory Commission shall be filled |
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| 1 | | in the same manner as initial appointments. Appointments to | 2 | | fill vacancies occurring before the expiration of a term shall | 3 | | be for the remainder of the unexpired term. Members shall | 4 | | serve without compensation but may be reimbursed for actual | 5 | | necessary expenses incurred in the performance of their | 6 | | duties. | 7 | | (f) The Department of Children and Family Services shall | 8 | | provide 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 | 11 | | is 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 | 14 | | a child welfare services referral Safety assessments for | 15 | | reports made by mandated reporters . | 16 | | (a) When a report is made by a mandated reporter to the | 17 | | statewide toll-free telephone number established under Section | 18 | | 7.6 of this Act and there is a prior indicated report of abuse | 19 | | or neglect, or there is a prior open service case involving any | 20 | | member of the household, the Department must, at a minimum, | 21 | | accept the report as a child welfare services referral. If the | 22 | | family refuses to cooperate or refuses access to the home or | 23 | | children, then a child protective services investigation shall | 24 | | be initiated if the facts otherwise meet the criteria to |
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| 1 | | accept a report. | 2 | | As used in this Section, "child welfare services referral" | 3 | | means an assessment of the family for service needs and | 4 | | linkage to available local community resources for the purpose | 5 | | of preventing or remedying or assisting in the solution of | 6 | | problems which may result in the neglect, abuse, exploitation, | 7 | | or delinquency of children, and as further defined in | 8 | | Department rules and procedures. | 9 | | As used in this Section, "prior open service case" means a | 10 | | case in which the Department has provided services to the | 11 | | family either directly or through a purchase of service | 12 | | agency. | 13 | | (b) One year after the effective date of this amendatory | 14 | | Act of the 101st General Assembly, the Auditor General shall | 15 | | commence a performance audit of the Department of Children and | 16 | | Family Services to determine whether the Department is meeting | 17 | | the requirements of this Section. Within 2 years after the | 18 | | audit's release, the Auditor General shall commence a | 19 | | follow-up performance audit to determine whether the | 20 | | Department has implemented the recommendations contained in | 21 | | the initial performance audit. Upon completion of each audit, | 22 | | the Auditor General shall report its findings to the General | 23 | | Assembly. The Auditor General's reports shall include any | 24 | | issues or deficiencies and recommendations. The audits | 25 | | required by this Section shall be in accordance with and | 26 | | subject 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 | 4 | | reports of
suspected child abuse or neglect 24 hours a day, 7 | 5 | | days a week. Whenever
the Department receives a report | 6 | | alleging that a child is a
truant as defined in Section 26-2a | 7 | | of the School Code, as now or hereafter
amended, the | 8 | | Department shall notify the superintendent of the school
| 9 | | district in which the child resides and the appropriate | 10 | | superintendent of
the educational service region. The | 11 | | notification to the appropriate
officials by the Department | 12 | | shall not be considered an allegation of abuse
or neglect | 13 | | under this Act.
| 14 | | (a-5) The Department of Children and Family Services may | 15 | | implement a "differential response program" in accordance with | 16 | | criteria, standards, and procedures prescribed by rule. The | 17 | | program may provide that, upon receiving a report, the | 18 | | Department shall determine whether to conduct a family | 19 | | assessment or an investigation as appropriate to prevent or | 20 | | provide a remedy for child abuse or neglect. | 21 | | For purposes of this subsection (a-5), "family assessment" | 22 | | means a comprehensive assessment of child safety, risk of | 23 | | subsequent child maltreatment, and family strengths and needs | 24 | | that is applied to a child maltreatment report that does not | 25 | | allege substantial child endangerment. "Family assessment" |
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| 1 | | does not include a determination as to whether child | 2 | | maltreatment occurred but does determine the need for services | 3 | | to address the safety of family members and the risk of | 4 | | subsequent maltreatment. | 5 | | For purposes of this subsection (a-5), "investigation" | 6 | | means fact-gathering related to the current safety of a child | 7 | | and the risk of subsequent abuse or neglect that determines | 8 | | whether a report of suspected child abuse or neglect should be | 9 | | indicated or unfounded and whether child protective services | 10 | | are needed. | 11 | | Under the "differential response program" implemented | 12 | | under 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 | 8 | | required, the Department must document the reason for | 9 | | terminating the investigation and notify the local law | 10 | | enforcement agency or the Illinois State Police if the local | 11 | | law enforcement agency or Illinois State Police is conducting | 12 | | a joint investigation. | 13 | | Once it is determined that a "family assessment" will be | 14 | | implemented, the case shall not be reported to the central | 15 | | register of abuse and neglect reports. | 16 | | During a family assessment, the Department shall collect | 17 | | any available and relevant information to determine child | 18 | | safety, risk of subsequent abuse or neglect, and family | 19 | | strengths. | 20 | | Information collected includes, but is not limited to, | 21 | | when relevant: information with regard to the person reporting | 22 | | the alleged abuse or neglect, including the nature of the | 23 | | reporter's relationship to the child and to the alleged | 24 | | offender, and the basis of the reporter's knowledge for the | 25 | | report; the child allegedly being abused or neglected; the | 26 | | alleged offender; the child's caretaker; and other collateral |
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| 1 | | sources having relevant information related to the alleged | 2 | | abuse or neglect. Information relevant to the assessment must | 3 | | be 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 | 4 | | from collecting other relevant information necessary to | 5 | | conduct the assessment or investigation. Nothing in this | 6 | | subsection (a-5) shall be construed to allow the name or | 7 | | identity of a reporter to be disclosed in violation of the | 8 | | protections afforded under Section 7.19 of this Act. | 9 | | After conducting the family assessment, the Department | 10 | | shall determine whether services are needed to address the | 11 | | safety of the child and other family members and the risk of | 12 | | subsequent abuse or neglect. | 13 | | Upon completion of the family assessment, if the | 14 | | Department concludes that no services shall be offered, then | 15 | | the case shall be closed. If the Department concludes that | 16 | | services shall be offered, the Department shall develop a | 17 | | family preservation plan and offer or refer services to the | 18 | | family. | 19 | | At any time during a family assessment, if the Department | 20 | | believes there is any reason to stop the assessment and | 21 | | conduct an investigation based on the information discovered, | 22 | | the Department shall do so. | 23 | | The procedures available to the Department in conducting | 24 | | investigations under this Act shall be followed as appropriate | 25 | | during a family assessment. | 26 | | If the Department implements a differential response |
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| 1 | | program authorized under this subsection (a-5), the Department | 2 | | shall arrange for an independent evaluation of the program for | 3 | | at least the first 3 years of implementation to determine | 4 | | whether it is meeting the goals in accordance with Section 2 of | 5 | | this Act. | 6 | | The Department may adopt administrative rules necessary | 7 | | for the execution of this Section, in accordance with Section | 8 | | 4 of the Children and Family Services Act. | 9 | | The Department shall submit a report to the General | 10 | | Assembly by January 15, 2018 on the implementation progress | 11 | | and recommendations for additional needed legislative changes.
| 12 | | (b)(1) The following procedures shall be followed in the | 13 | | investigation
of all reports of suspected abuse or neglect of | 14 | | a child, except as provided
in subsection (c) of this Section.
| 15 | | (2) If, during a family assessment authorized by | 16 | | subsection (a-5) or an investigation, it appears that the | 17 | | immediate safety or well-being of a child is
endangered, that | 18 | | the family may flee or the child disappear, or that the
facts | 19 | | otherwise so warrant, the Child Protective Service Unit shall
| 20 | | commence an investigation immediately, regardless of the time | 21 | | of day or
night. All other investigations shall be commenced | 22 | | within 24
hours of receipt of the report. Upon receipt of a | 23 | | report, the Child
Protective Service Unit shall conduct a | 24 | | family assessment authorized by subsection (a-5) or begin an | 25 | | initial investigation and make an initial
determination | 26 | | whether the report is a good faith indication of alleged
child |
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| 1 | | abuse or neglect.
| 2 | | (3) Based on an initial investigation, if the Unit | 3 | | determines the report is a good faith
indication of alleged | 4 | | child abuse or neglect, then a formal investigation
shall | 5 | | commence and, pursuant to Section 7.12 of this Act, may or may | 6 | | not
result in an indicated report. The formal investigation | 7 | | shall include:
direct contact with the subject or subjects of | 8 | | the report as soon as
possible after the report is received; an
| 9 | | evaluation of the environment of the child named in the report | 10 | | and any other
children in the same environment; a | 11 | | determination of the risk to such
children if they continue to | 12 | | remain in the existing environments, as well
as a | 13 | | determination of the nature, extent and cause of any condition
| 14 | | enumerated in such report; the name, age and condition of | 15 | | other children in
the environment; and an evaluation as to | 16 | | whether there would be an
immediate and urgent necessity to | 17 | | remove the child from the environment if
appropriate family | 18 | | preservation services were provided. After seeing to
the | 19 | | safety of the child or children, the Department shall
| 20 | | forthwith notify the subjects of the report in writing, of the | 21 | | existence
of the report and their rights existing under this | 22 | | Act in regard to amendment
or expungement. To fulfill the | 23 | | requirements of this Section, the Child
Protective Service | 24 | | Unit shall have the capability of providing or arranging
for | 25 | | comprehensive emergency services to children and families at | 26 | | all times
of the day or night.
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| 1 | | (4) If (i) at the conclusion of the Unit's initial | 2 | | investigation of a
report, the Unit determines the report to | 3 | | be a good faith indication of
alleged child abuse or neglect | 4 | | that warrants a formal investigation by
the Unit, the | 5 | | Department, any law enforcement agency or any other
| 6 | | responsible agency and (ii) the person who is alleged to have | 7 | | caused the
abuse or neglect is employed or otherwise engaged | 8 | | in an activity resulting
in frequent contact with children and | 9 | | the alleged abuse or neglect are in
the course of such | 10 | | employment or activity, then the Department shall,
except in | 11 | | investigations where the Director determines that such
| 12 | | notification would be detrimental to the Department's | 13 | | investigation, inform
the appropriate supervisor or | 14 | | administrator of that employment or activity
that the Unit has | 15 | | commenced a formal investigation pursuant to this Act,
which | 16 | | may or may not result in an indicated report. The Department | 17 | | shall also
notify the person being investigated, unless the | 18 | | Director determines that
such notification would be | 19 | | detrimental to the Department's investigation.
| 20 | | (c) In an investigation of a report of suspected abuse or | 21 | | neglect of
a child by a school employee at a school or on | 22 | | school grounds, the
Department shall make reasonable efforts | 23 | | to 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 | 17 | | to made by a school district employee involving the conduct of | 18 | | a person employed by the school district, at the time the | 19 | | report was made, as required under Section 4 of this Act, the | 20 | | Child Protective Service Unit shall send a copy of its final | 21 | | finding report to the general superintendent of that school | 22 | | district.
| 23 | | (c-10) The Department may recommend that a school district | 24 | | remove a school employee who is the subject of an | 25 | | investigation from his or her employment position pending the | 26 | | outcome of the investigation; however, all employment |
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| 1 | | decisions regarding school personnel shall be the sole | 2 | | responsibility of the school district or employer. The | 3 | | Department may not require a school district to remove a | 4 | | school employee from his or her employment position or limit | 5 | | the school employee's duties pending the outcome of an | 6 | | investigation. | 7 | | (d) If the Department has contact with an employer, or | 8 | | with a religious
institution or religious official having | 9 | | supervisory or hierarchical authority
over a member of the | 10 | | clergy accused of the abuse of a child,
in the course of its
| 11 | | investigation, the Department shall notify the employer or the | 12 | | religious
institution or religious official, in writing, when | 13 | | a
report is unfounded so that any record of the investigation | 14 | | can be expunged
from the employee's or member of the clergy's | 15 | | personnel or other
records. The Department shall also notify
| 16 | | the employee or the member of the clergy, in writing, that | 17 | | notification
has been sent to the employer or to the | 18 | | appropriate religious institution or
religious official
| 19 | | informing the employer or religious institution or religious | 20 | | official that
the
Department's investigation has resulted in
| 21 | | an unfounded report.
| 22 | | (d-1) Whenever a report alleges that a child was abused or | 23 | | neglected while receiving care in a hospital, including a | 24 | | freestanding psychiatric hospital licensed by the Department | 25 | | of Public Health, the Department shall send a copy of its final | 26 | | finding to the Director of Public Health and the Director of |
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| 1 | | Healthcare and Family Services. | 2 | | (e) Upon request by the Department, the Illinois
State | 3 | | Police and law enforcement agencies are
authorized to provide | 4 | | criminal history record information
as defined in the Illinois | 5 | | Uniform Conviction Information Act and information
maintained | 6 | | in
the adjudicatory and dispositional record system as defined | 7 | | in Section
2605-355 of the Illinois State Police Law to | 8 | | properly
designated
employees of the
Department of Children
| 9 | | and Family Services if the Department determines the | 10 | | information is
necessary to perform its duties under the | 11 | | Abused and
Neglected Child Reporting Act, the Child Care Act | 12 | | of 1969, and the Children and
Family Services Act. The
request | 13 | | shall be in the form and manner required
by
the Illinois State | 14 | | Police. Any information obtained by the Department of
Children
| 15 | | and Family Services under this Section is
confidential and may | 16 | | not be transmitted outside the Department of Children
and | 17 | | Family Services other than to a court of competent | 18 | | jurisdiction or unless
otherwise authorized by law.
Any | 19 | | employee of the Department of Children and Family Services who | 20 | | transmits
confidential information in
violation of this
| 21 | | Section or causes the information to be
transmitted in | 22 | | violation of this Section is guilty of a Class A
misdemeanor | 23 | | unless the transmittal of
the
information is
authorized by | 24 | | this Section or otherwise authorized by law.
| 25 | | (f) For purposes of this Section, "child abuse or neglect" | 26 | | includes abuse or neglect of an adult resident as defined in |
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| 1 | | this Act. | 2 | | (Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)
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