Full Text of SB0106 97th General Assembly
SB0106enr 97TH 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 Abused and Neglected Child Reporting Act is | 5 | | amended by changing Sections 4, 7, and 10 as follows:
| 6 | | (325 ILCS 5/4) (from Ch. 23, par. 2054)
| 7 | | Sec. 4. Persons required to report; privileged | 8 | | communications;
transmitting false report. Any physician, | 9 | | resident, intern, hospital,
hospital administrator
and | 10 | | personnel engaged in examination, care and treatment of | 11 | | persons, surgeon,
dentist, dentist hygienist, osteopath, | 12 | | chiropractor, podiatrist, physician
assistant, substance abuse | 13 | | treatment personnel, funeral home
director or employee, | 14 | | coroner, medical examiner, emergency medical technician,
| 15 | | acupuncturist, crisis line or hotline personnel, school | 16 | | personnel (including administrators and both certified and | 17 | | non-certified school employees), educational
advocate assigned | 18 | | to a child pursuant to the School Code, member of a school | 19 | | board or the Chicago Board of Education or the governing body | 20 | | of a private school (but only to the extent required in | 21 | | accordance with other provisions of this Section expressly | 22 | | concerning the duty of school board members to report suspected | 23 | | child abuse), truant officers,
social worker, social services |
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| 1 | | administrator,
domestic violence program personnel, registered | 2 | | nurse, licensed
practical nurse, genetic counselor,
| 3 | | respiratory care practitioner, advanced practice nurse, home
| 4 | | health aide, director or staff
assistant of a nursery school or | 5 | | a child day care center, recreational program
or facility | 6 | | personnel, law enforcement officer, licensed professional
| 7 | | counselor, licensed clinical professional counselor, | 8 | | registered psychologist
and
assistants working under the | 9 | | direct supervision of a psychologist,
psychiatrist, or field | 10 | | personnel of the Department of Healthcare and Family Services,
| 11 | | Juvenile Justice, Public Health, Human Services (acting as | 12 | | successor to the Department of Mental
Health and Developmental | 13 | | Disabilities, Rehabilitation Services, or Public Aid),
| 14 | | Corrections, Human Rights, or Children and Family Services, | 15 | | supervisor and
administrator of general assistance under the | 16 | | Illinois Public Aid Code,
probation officer, animal control | 17 | | officer or Illinois Department of Agriculture Bureau of Animal | 18 | | Health and Welfare field investigator, or any other foster | 19 | | parent, homemaker or child care worker
having reasonable cause | 20 | | to believe a child known to them in their professional
or | 21 | | official capacity may be an abused child or a neglected child | 22 | | shall
immediately report or cause a report to be made to the | 23 | | Department.
| 24 | | Any member of the clergy having reasonable cause to believe | 25 | | that a child
known to that member of the clergy in his or her | 26 | | professional capacity may be
an abused child as defined in item |
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| 1 | | (c) of the definition of "abused child" in
Section 3 of this | 2 | | Act shall immediately report or cause a report to be made to
| 3 | | the Department.
| 4 | | If an allegation is raised to a school board member during | 5 | | the course of an open or closed school board meeting that a | 6 | | child who is enrolled in the school district of which he or she | 7 | | is a board member is an abused child as defined in Section 3 of | 8 | | this Act, the member shall direct or cause the school board to | 9 | | direct the superintendent of the school district or other | 10 | | equivalent school administrator to comply with the | 11 | | requirements of this Act concerning the reporting of child | 12 | | abuse. For purposes of this paragraph, a school board member is | 13 | | granted the authority in his or her individual capacity to | 14 | | direct the superintendent of the school district or other | 15 | | equivalent school administrator to comply with the | 16 | | requirements of this Act concerning the reporting of child | 17 | | abuse.
| 18 | | Notwithstanding any other provision of this Act, if an | 19 | | employee of a school district has made a report or caused a | 20 | | report to be made to the Department under this Act involving | 21 | | the conduct of a current or former employee of the school | 22 | | district and a request is made by another school district for | 23 | | the provision of information concerning the job performance or | 24 | | qualifications of the current or former employee because he or | 25 | | she is an applicant for employment with the requesting school | 26 | | district, the general superintendent of the school district to |
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| 1 | | which the request is being made must disclose to the requesting | 2 | | school district the fact that an employee of the school | 3 | | district has made a report involving the conduct of the | 4 | | applicant or caused a report to be made to the Department, as | 5 | | required under this Act. Only the fact that an employee of the | 6 | | school district has made a report involving the conduct of the | 7 | | applicant or caused a report to be made to the Department may | 8 | | be disclosed by the general superintendent of the school | 9 | | district to which the request for information concerning the | 10 | | applicant is made, and this fact may be disclosed only in cases | 11 | | where the employee and the general superintendent have not been | 12 | | informed by the Department that the allegations were unfounded. | 13 | | An employee of a school district who is or has been the subject | 14 | | of a report made pursuant to this Act during his or her | 15 | | employment with the school district must be informed by that | 16 | | school district that if he or she applies for employment with | 17 | | another school district, the general superintendent of the | 18 | | former school district, upon the request of the school district | 19 | | to which the employee applies, shall notify that requesting | 20 | | school district that the employee is or was the subject of such | 21 | | a report.
| 22 | | Whenever
such person is required to report under this Act | 23 | | in his capacity as a member of
the staff of a medical or other | 24 | | public or private institution, school, facility
or agency, or | 25 | | as a member of the clergy, he shall
make report immediately to | 26 | | the Department in accordance
with the provisions of this Act |
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| 1 | | and may also notify the person in charge of
such institution, | 2 | | school, facility or agency, or church, synagogue, temple,
| 3 | | mosque, or other religious institution, or his
designated agent | 4 | | that such
report has been made. Under no circumstances shall | 5 | | any person in charge of
such institution, school, facility or | 6 | | agency, or church, synagogue, temple,
mosque, or other | 7 | | religious institution, or his
designated agent to whom
such | 8 | | notification has been made, exercise any control, restraint, | 9 | | modification
or other change in the report or the forwarding of | 10 | | such report to the
Department.
| 11 | | The privileged quality of communication between any | 12 | | professional
person required to report
and his patient or | 13 | | client shall not apply to situations involving abused or
| 14 | | neglected children and shall not constitute grounds for failure | 15 | | to report
as required by this Act or constitute grounds for | 16 | | failure to share information or documents with the Department | 17 | | during the course of a child abuse or neglect investigation . If | 18 | | requested by the professional, the Department shall confirm in | 19 | | writing that the information or documents disclosed by the | 20 | | professional were gathered in the course of a child abuse or | 21 | | neglect investigation.
| 22 | | A member of the clergy may claim the privilege under | 23 | | Section 8-803 of the
Code of Civil Procedure.
| 24 | | In addition to the above persons required to
report | 25 | | suspected cases of abused or neglected children, any other | 26 | | person
may make a report if such person has reasonable cause to |
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| 1 | | believe a child
may be an abused child or a neglected child.
| 2 | | Any person who enters into
employment on and after July 1, | 3 | | 1986 and is mandated by virtue of that
employment to report | 4 | | under this Act, shall sign a statement on a form
prescribed by | 5 | | the Department, to the effect that the employee has knowledge
| 6 | | and understanding of the reporting requirements of this Act. | 7 | | The statement
shall be signed prior to commencement of the | 8 | | employment. The signed
statement shall be retained by the | 9 | | employer. The cost of printing,
distribution, and filing of the | 10 | | statement shall be borne by the employer.
| 11 | | The Department shall provide copies of this Act, upon | 12 | | request, to all
employers employing persons who shall be | 13 | | required under the provisions of
this Section to report under | 14 | | this Act.
| 15 | | Any person who knowingly transmits a false report to the | 16 | | Department
commits the offense of disorderly conduct under | 17 | | subsection (a)(7) of
Section 26-1 of the "Criminal Code of | 18 | | 1961". Any person who violates this
provision a second or | 19 | | subsequent time shall be guilty of a Class 3
felony.
| 20 | | Any person who knowingly and willfully violates any | 21 | | provision of this
Section other than a second or subsequent | 22 | | violation of transmitting a
false report as described in the
| 23 | | preceding paragraph, is guilty of a
Class A misdemeanor for
a | 24 | | first violation and a Class
4 felony for a
second or subsequent | 25 | | violation; except that if the person acted as part
of a plan or | 26 | | scheme having as its object the
prevention of discovery of an |
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| 1 | | abused or neglected child by lawful authorities
for the
purpose | 2 | | of protecting or insulating any person or entity from arrest or
| 3 | | prosecution, the
person is guilty of a Class 4 felony for a | 4 | | first offense and a Class 3 felony
for a second or
subsequent | 5 | | offense (regardless of whether the second or subsequent offense
| 6 | | involves any
of the same facts or persons as the first or other | 7 | | prior offense).
| 8 | | A child whose parent, guardian or custodian in good faith | 9 | | selects and depends
upon spiritual means through prayer alone | 10 | | for the treatment or cure of
disease or remedial care may be | 11 | | considered neglected or abused, but not for
the sole reason | 12 | | that his parent, guardian or custodian accepts and
practices | 13 | | such beliefs.
| 14 | | A child shall not be considered neglected or abused solely | 15 | | because the
child is not attending school in accordance with | 16 | | the requirements of
Article 26 of the School Code, as amended.
| 17 | | Nothing in this Act prohibits a mandated reporter who | 18 | | reasonably believes that an animal is being abused or neglected | 19 | | in violation of the Humane Care for Animals Act from reporting | 20 | | animal abuse or neglect to the Department of Agriculture's | 21 | | Bureau of Animal Health and Welfare. | 22 | | A home rule unit may not regulate the reporting of child | 23 | | abuse or neglect in a manner inconsistent with the provisions | 24 | | of this Section. This Section is a limitation under subsection | 25 | | (i) of Section 6 of Article VII of the Illinois Constitution on | 26 | | the concurrent exercise by home rule units of powers and |
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| 1 | | functions exercised by the State. | 2 | | For purposes of this Section "child abuse or neglect" | 3 | | includes abuse or neglect of an adult resident as defined in | 4 | | this Act. | 5 | | (Source: P.A. 95-10, eff. 6-30-07; 95-461, eff. 8-27-07; | 6 | | 95-876, eff. 8-21-08; 95-908, eff. 8-26-08; 96-494, eff. | 7 | | 8-14-09; 96-1446, eff. 8-20-10.)
| 8 | | (325 ILCS 5/7) (from Ch. 23, par. 2057)
| 9 | | Sec. 7. Time and manner of making reports. All reports of | 10 | | suspected
child abuse or neglect made
under this Act shall be | 11 | | made immediately by telephone to the central register
| 12 | | established under Section 7.7 on the single, State-wide, | 13 | | toll-free telephone
number established in Section 7.6, or in | 14 | | person or by telephone through
the nearest Department office. | 15 | | The Department shall, in cooperation with
school officials, | 16 | | distribute
appropriate materials in school buildings
listing | 17 | | the toll-free telephone number established in Section 7.6,
| 18 | | including methods of making a report under this Act.
The | 19 | | Department may, in cooperation with appropriate members of the | 20 | | clergy,
distribute appropriate materials in churches, | 21 | | synagogues, temples, mosques, or
other religious buildings | 22 | | listing the toll-free telephone number
established in Section | 23 | | 7.6, including methods of making a report under this
Act.
| 24 | | Wherever the Statewide number is posted, there shall also | 25 | | be posted the
following notice:
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| 1 | | "Any person who knowingly transmits a false report to the | 2 | | Department
commits the offense of disorderly conduct under | 3 | | subsection (a)(7) of
Section 26-1 of the Criminal Code of 1961. | 4 | | A first violation of this
subsection is a Class A misdemeanor, | 5 | | punishable by a term of imprisonment
for up to one year, or by | 6 | | a fine not to exceed $1,000, or by both such term
and fine. A | 7 | | second or subsequent violation is a Class 4 felony."
| 8 | | The report required by this Act shall include, if known, | 9 | | the name
and address of the child and his parents or other | 10 | | persons having his
custody; the child's age; the nature of the | 11 | | child's condition including any
evidence of previous injuries | 12 | | or disabilities; and any other information
that the person | 13 | | filing the report believes might be helpful in
establishing the | 14 | | cause of such abuse or neglect and the identity of the
person | 15 | | believed to have caused such abuse or neglect. Reports made to | 16 | | the
central register through the State-wide, toll-free | 17 | | telephone number shall
be immediately transmitted by the | 18 | | Department to the appropriate Child Protective Service
Unit. | 19 | | All such reports alleging the death of a child,
serious injury | 20 | | to a child including, but not limited to, brain damage,
skull | 21 | | fractures, subdural hematomas, and internal injuries, torture | 22 | | of a
child, malnutrition of a child, and sexual abuse to a | 23 | | child, including, but
not limited to, sexual intercourse, | 24 | | sexual exploitation, sexual
molestation, and sexually | 25 | | transmitted disease in a child age
12 and under, shall also be | 26 | | immediately transmitted by the Department to the appropriate |
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| 1 | | local law enforcement agency. The Department shall within 24 | 2 | | hours orally notify local law
enforcement personnel and the | 3 | | office of the State's Attorney of the
involved county of the | 4 | | receipt of any report alleging the death of a child,
serious | 5 | | injury to a child including, but not limited to, brain damage,
| 6 | | skull fractures, subdural hematomas, and, internal injuries, | 7 | | torture of a
child, malnutrition of a child, and sexual abuse | 8 | | to a child, including, but
not limited to, sexual intercourse, | 9 | | sexual exploitation, sexual
molestation, and sexually | 10 | | transmitted disease in a child age
twelve and under. All
oral | 11 | | reports made by the Department to local law enforcement | 12 | | personnel and
the office of the State's Attorney of the | 13 | | involved county shall be
confirmed in writing within 24
hours | 14 | | of the oral report. All reports by
persons mandated to report | 15 | | under this Act shall be confirmed in writing to
the appropriate | 16 | | Child Protective Service Unit, which may be on forms
supplied | 17 | | by the Department, within 48 hours of any initial report.
| 18 | | Written confirmation reports from persons not required to | 19 | | report by this
Act may be made to the appropriate Child | 20 | | Protective Service Unit. Written
reports from persons required | 21 | | by this Act to report shall be admissible
in evidence in any | 22 | | judicial proceeding or administrative hearing relating to | 23 | | child abuse or neglect.
Reports involving known or suspected | 24 | | child abuse or neglect in public or
private residential | 25 | | agencies or institutions shall be made and received
in the same | 26 | | manner as all other reports made under this Act.
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| 1 | | For purposes of this Section "child" includes an adult | 2 | | resident as defined in this Act. | 3 | | (Source: P.A. 95-57, eff. 8-10-07; 96-1446, eff. 8-20-10.)
| 4 | | (325 ILCS 5/10) (from Ch. 23, par. 2060)
| 5 | | Sec. 10.
Any person who makes a report or who investigates | 6 | | a report under
this Act shall testify fully in any judicial | 7 | | proceeding or administrative hearing resulting from such
| 8 | | report, as to any evidence of abuse or neglect, or the cause | 9 | | thereof. Any
person who is required to report a suspected case | 10 | | of abuse or neglect under
Section 4 of this Act shall testify | 11 | | fully in any administrative hearing
resulting from such report, | 12 | | as to any evidence of abuse or neglect or the
cause thereof. No | 13 | | evidence shall be excluded by reason of any common law
or | 14 | | statutory privilege relating to communications between the | 15 | | alleged
perpetrator of abuse or neglect, or the child subject | 16 | | of the report under
this Act and any person who is required to | 17 | | report a suspected case of abuse or neglect under Section 4 of | 18 | | this Act or the person making or investigating the report.
| 19 | | (Source: P.A. 86-904.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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