Full Text of HB2556 100th General Assembly
HB2556enr 100TH 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 Section 7.4 as follows:
| 6 | | (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
| 7 | | Sec. 7.4. (a) The Department shall be capable of receiving | 8 | | reports of
suspected child abuse or neglect 24 hours a day, 7 | 9 | | days a week. Whenever
the Department receives a report alleging | 10 | | that a child is a
truant as defined in Section 26-2a of The | 11 | | School Code, as now or hereafter
amended, the Department shall | 12 | | notify the superintendent of the school
district in which the | 13 | | child resides and the appropriate superintendent of
the | 14 | | educational service region. The notification to the | 15 | | appropriate
officials by the Department shall not be considered | 16 | | an allegation of abuse
or neglect under this Act.
| 17 | | (a-5) The Beginning January 1, 2010, the Department of | 18 | | Children and Family Services may implement a 5-year | 19 | | demonstration of a "differential response program" in | 20 | | accordance with criteria, standards, and procedures prescribed | 21 | | by rule. The program may provide that, upon receiving a report, | 22 | | the Department shall determine whether to conduct a family | 23 | | assessment or an investigation as appropriate to prevent or |
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| 1 | | provide a remedy for child abuse or neglect. | 2 | | For purposes of this subsection (a-5), "family assessment" | 3 | | means a comprehensive assessment of child safety, risk of | 4 | | subsequent child maltreatment, and family strengths and needs | 5 | | that is applied to a child maltreatment report that does not | 6 | | allege substantial child endangerment. "Family assessment" | 7 | | does not include a determination as to whether child | 8 | | maltreatment occurred but does determine the need for services | 9 | | to address the safety of family members and the risk of | 10 | | subsequent maltreatment. | 11 | | For purposes of this subsection (a-5), "investigation" | 12 | | means fact-gathering related to the current safety of a child | 13 | | and the risk of subsequent abuse or neglect that determines | 14 | | whether a report of suspected child abuse or neglect should be | 15 | | indicated or unfounded and whether child protective services | 16 | | are needed. | 17 | | Under the "differential response program" implemented | 18 | | under this subsection (a-5), the Department: | 19 | | (1) Shall conduct an investigation on reports | 20 | | involving substantial child abuse or neglect. | 21 | | (2) Shall begin an immediate investigation if, at any | 22 | | time when it is using a family assessment response, it | 23 | | determines that there is reason to believe that substantial | 24 | | child abuse or neglect or a serious threat to the child's | 25 | | safety exists. | 26 | | (3) May conduct a family assessment for reports that do |
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| 1 | | not allege substantial child endangerment. In determining | 2 | | that a family assessment is appropriate, the Department may | 3 | | consider issues including, but not limited to, child | 4 | | safety, parental cooperation, and the need for an immediate | 5 | | response. | 6 | | (4) Shall promulgate criteria, standards, and | 7 | | procedures that shall be applied in making this | 8 | | determination, taking into consideration the Child | 9 | | Endangerment Risk Assessment Protocol of the Department. | 10 | | (5) May conduct a family assessment on a report that | 11 | | was initially screened and assigned for an investigation. | 12 | | In determining that a complete investigation is not | 13 | | required, the Department must document the reason for | 14 | | terminating the investigation and notify the local law | 15 | | enforcement agency or the Department of State Police if the | 16 | | local law enforcement agency or Department of State Police is | 17 | | conducting a joint investigation. | 18 | | Once it is determined that a "family assessment" will be | 19 | | implemented, the case shall not be reported to the central | 20 | | register of abuse and neglect reports. | 21 | | During a family assessment, the Department shall collect | 22 | | any available and relevant information to determine child | 23 | | safety, risk of subsequent abuse or neglect, and family | 24 | | strengths. | 25 | | Information collected includes, but is not limited to, when | 26 | | relevant: information with regard to the person reporting the |
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| 1 | | alleged abuse or neglect, including the nature of the | 2 | | reporter's relationship to the child and to the alleged | 3 | | offender, and the basis of the reporter's knowledge for the | 4 | | report; the child allegedly being abused or neglected; the | 5 | | alleged offender; the child's caretaker; and other collateral | 6 | | sources having relevant information related to the alleged | 7 | | abuse or neglect. Information relevant to the assessment must | 8 | | be asked for, and may include: | 9 | | (A) The child's sex and age, prior reports of abuse or | 10 | | neglect, information relating to developmental | 11 | | functioning, credibility of the child's statement, and | 12 | | whether the information provided under this paragraph (A) | 13 | | is consistent with other information collected during the | 14 | | course of the assessment or investigation. | 15 | | (B) The alleged offender's age, a record check for | 16 | | prior reports of abuse or neglect, and criminal charges and | 17 | | convictions. The alleged offender may submit supporting | 18 | | documentation relevant to the assessment. | 19 | | (C) Collateral source information regarding the | 20 | | alleged abuse or neglect and care of the child. Collateral | 21 | | information includes, when relevant: (i) a medical | 22 | | examination of the child; (ii) prior medical records | 23 | | relating to the alleged maltreatment or care of the child | 24 | | maintained by any facility, clinic, or health care | 25 | | professional, and an interview with the treating | 26 | | professionals; and (iii) interviews with the child's |
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| 1 | | caretakers, including the child's parent, guardian, foster | 2 | | parent, child care provider, teachers, counselors, family | 3 | | members, relatives, and other persons who may have | 4 | | knowledge regarding the alleged maltreatment and the care | 5 | | of the child. | 6 | | (D) Information on the existence of domestic abuse and | 7 | | violence in the home of the child, and substance abuse. | 8 | | Nothing in this subsection (a-5) precludes the Department | 9 | | from collecting other relevant information necessary to | 10 | | conduct the assessment or investigation. Nothing in this | 11 | | subsection (a-5) shall be construed to allow the name or | 12 | | identity of a reporter to be disclosed in violation of the | 13 | | protections afforded under Section 7.19 of this Act. | 14 | | After conducting the family assessment, the Department | 15 | | shall determine whether services are needed to address the | 16 | | safety of the child and other family members and the risk of | 17 | | subsequent abuse or neglect. | 18 | | Upon completion of the family assessment, if the Department | 19 | | concludes that no services shall be offered, then the case | 20 | | shall be closed. If the Department concludes that services | 21 | | shall be offered, the Department shall develop a family | 22 | | preservation plan and offer or refer services to the family. | 23 | | At any time during a family assessment, if the Department | 24 | | believes there is any reason to stop the assessment and conduct | 25 | | an investigation based on the information discovered, the | 26 | | Department shall do so. |
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| 1 | | The procedures available to the Department in conducting | 2 | | investigations under this Act shall be followed as appropriate | 3 | | during a family assessment. | 4 | | If the Department implements a differential response | 5 | | program authorized under this subsection (a-5), the Department | 6 | | shall arrange for an independent evaluation of the program for | 7 | | at least the first 3 years of implementation to determine | 8 | | whether it is meeting the goals in accordance with Section 2 of | 9 | | this Act. | 10 | | The Department shall arrange for an independent evaluation | 11 | | of the "differential response program" authorized and | 12 | | implemented under this subsection (a-5) to determine whether it | 13 | | is meeting the goals in accordance with Section 2 of this Act. | 14 | | The Department may adopt administrative rules necessary for the | 15 | | execution of this Section, in accordance with Section 4 of the | 16 | | Children and Family Services Act. | 17 | | The Department shall submit a report to the General | 18 | | Assembly by January 15, 2018 on the implementation progress and | 19 | | recommendations for additional needed legislative changes. | 20 | | The demonstration conducted under this subsection (a-5) | 21 | | shall become a permanent program on July 1, 2016, upon | 22 | | completion of the demonstration project period.
| 23 | | (b)(1) The following procedures shall be followed in the | 24 | | investigation
of all reports of suspected abuse or neglect of a | 25 | | child, except as provided
in subsection (c) of this Section.
| 26 | | (2) If, during a family assessment authorized by subsection |
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| 1 | | (a-5) or an investigation, it appears that the immediate safety | 2 | | or well-being of a child is
endangered, that the family may | 3 | | flee or the child disappear, or that the
facts otherwise so | 4 | | warrant, the Child Protective Service Unit shall
commence an | 5 | | investigation immediately, regardless of the time of day or
| 6 | | night. All other investigations shall be commenced within 24
| 7 | | hours of receipt of the report. Upon receipt of a report, the | 8 | | Child
Protective Service Unit shall conduct a family assessment | 9 | | authorized by subsection (a-5) or begin an initial | 10 | | investigation and make an initial
determination whether the | 11 | | report is a good faith indication of alleged
child abuse or | 12 | | neglect.
| 13 | | (3) Based on an initial investigation, if the Unit | 14 | | determines the report is a good faith
indication of alleged | 15 | | child abuse or neglect, then a formal investigation
shall | 16 | | commence and, pursuant to Section 7.12 of this Act, may or may | 17 | | not
result in an indicated report. The formal investigation | 18 | | shall include:
direct contact with the subject or subjects of | 19 | | the report as soon as
possible after the report is received; an
| 20 | | evaluation of the environment of the child named in the report | 21 | | and any other
children in the same environment; a determination | 22 | | of the risk to such
children if they continue to remain in the | 23 | | existing environments, as well
as a determination of the | 24 | | nature, extent and cause of any condition
enumerated in such | 25 | | report; the name, age and condition of other children in
the | 26 | | environment; and an evaluation as to whether there would be an
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| 1 | | immediate and urgent necessity to remove the child from the | 2 | | environment if
appropriate family preservation services were | 3 | | provided. After seeing to
the safety of the child or children, | 4 | | the Department shall
forthwith notify the subjects of the | 5 | | report in writing, of the existence
of the report and their | 6 | | rights existing under this Act in regard to amendment
or | 7 | | expungement. To fulfill the requirements of this Section, the | 8 | | Child
Protective Service Unit shall have the capability of | 9 | | providing or arranging
for comprehensive emergency services to | 10 | | children and families at all times
of the day or night.
| 11 | | (4) If (i) at the conclusion of the Unit's initial | 12 | | investigation of a
report, the Unit determines the report to be | 13 | | a good faith indication of
alleged child abuse or neglect that | 14 | | warrants a formal investigation by
the Unit, the Department, | 15 | | any law enforcement agency or any other
responsible agency and | 16 | | (ii) the person who is alleged to have caused the
abuse or | 17 | | neglect is employed or otherwise engaged in an activity | 18 | | resulting
in frequent contact with children and the alleged | 19 | | abuse or neglect are in
the course of such employment or | 20 | | activity, then the Department shall,
except in investigations | 21 | | where the Director determines that such
notification would be | 22 | | detrimental to the Department's investigation, inform
the | 23 | | appropriate supervisor or administrator of that employment or | 24 | | activity
that the Unit has commenced a formal investigation | 25 | | pursuant to this Act,
which may or may not result in an | 26 | | indicated report. The Department shall also
notify the person |
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| 1 | | being investigated, unless the Director determines that
such | 2 | | notification would be detrimental to the Department's | 3 | | investigation.
| 4 | | (c) In an investigation of a report of suspected abuse or | 5 | | neglect of
a child by a school employee at a school or on | 6 | | school grounds, the
Department shall make reasonable efforts to | 7 | | follow the following procedures:
| 8 | | (1) Investigations involving teachers shall not, to | 9 | | the extent possible,
be conducted when the teacher is | 10 | | scheduled to conduct classes.
Investigations involving | 11 | | other school employees shall be conducted so as to
minimize | 12 | | disruption of the school day. The school employee accused | 13 | | of
child abuse or neglect may have his superior, his | 14 | | association or union
representative and his attorney | 15 | | present at any interview or meeting at
which the teacher or | 16 | | administrator is present. The accused school employee
| 17 | | shall be informed by a representative of the Department, at | 18 | | any
interview or meeting, of the accused school employee's | 19 | | due process rights
and of the steps in the investigation | 20 | | process.
The information shall include, but need not | 21 | | necessarily be limited to the
right, subject to the | 22 | | approval of the Department, of the school employee to
| 23 | | confront the accuser, if the accuser is 14 years of age or | 24 | | older, or the
right to review the specific allegations | 25 | | which gave rise to the
investigation, and the right to | 26 | | review all materials and evidence that have
been submitted |
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| 1 | | to the Department in support of the allegation. These due
| 2 | | process rights shall also include the right of the school | 3 | | employee to
present countervailing evidence regarding the | 4 | | accusations.
| 5 | | (2) If a report of neglect or abuse of a child by a | 6 | | teacher or
administrator does not involve allegations of | 7 | | sexual abuse or extreme
physical abuse, the Child | 8 | | Protective Service Unit shall make reasonable
efforts to | 9 | | conduct the initial investigation in coordination with the
| 10 | | employee's supervisor.
| 11 | | If the Unit determines that the report is a good faith | 12 | | indication of
potential child abuse or neglect, it shall | 13 | | then commence a formal
investigation under paragraph (3) of | 14 | | subsection (b) of this Section.
| 15 | | (3) If a report of neglect or abuse of a child by a | 16 | | teacher or
administrator involves an allegation of sexual | 17 | | abuse or extreme physical
abuse, the Child Protective Unit | 18 | | shall commence an investigation under
paragraph (2) of | 19 | | subsection (b) of this Section.
| 20 | | (c-5) In any instance in which a report is made or caused | 21 | | to made by a school district employee involving the conduct of | 22 | | a person employed by the school district, at the time the | 23 | | report was made, as required under Section 4 of this Act, the | 24 | | Child Protective Service Unit shall send a copy of its final | 25 | | finding report to the general superintendent of that school | 26 | | district.
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| 1 | | (d) If the Department has contact with an employer, or with | 2 | | a religious
institution or religious official having | 3 | | supervisory or hierarchical authority
over a member of the | 4 | | clergy accused of the abuse of a child,
in the course of its
| 5 | | investigation, the Department shall notify the employer or the | 6 | | religious
institution or religious official, in writing, when a
| 7 | | report is unfounded so that any record of the investigation can | 8 | | be expunged
from the employee's or member of the clergy's | 9 | | personnel or other
records. The Department shall also notify
| 10 | | the employee or the member of the clergy, in writing, that | 11 | | notification
has been sent to the employer or to the | 12 | | appropriate religious institution or
religious official
| 13 | | informing the employer or religious institution or religious | 14 | | official that
the
Department's investigation has resulted in
an | 15 | | unfounded report.
| 16 | | (e) Upon request by the Department, the
Department of State | 17 | | Police and law enforcement agencies are
authorized to provide | 18 | | criminal history record information
as defined in the Illinois | 19 | | Uniform Conviction Information Act and information
maintained | 20 | | in
the adjudicatory and dispositional record system as defined | 21 | | in Section
2605-355 of the Department of State Police Law (20 | 22 | | ILCS
2605/2605-355) to properly
designated
employees of the
| 23 | | Department of Children
and Family Services if the Department | 24 | | determines the information is
necessary to perform its duties | 25 | | under the Abused and
Neglected Child Reporting Act, the Child | 26 | | Care Act of 1969, and the Children and
Family Services Act. The
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| 1 | | request shall be in the form and manner required
by
the | 2 | | Department of State Police. Any information obtained by the | 3 | | Department of
Children
and Family Services under this Section | 4 | | is
confidential and may not be transmitted outside the | 5 | | Department of Children
and Family Services other than to a | 6 | | court of competent jurisdiction or unless
otherwise authorized | 7 | | by law.
Any employee of the Department of Children and Family | 8 | | Services who transmits
confidential information in
violation | 9 | | of this
Section or causes the information to be
transmitted in | 10 | | violation of this Section is guilty of a Class A
misdemeanor | 11 | | unless the transmittal of
the
information is
authorized by this | 12 | | Section or otherwise authorized by law.
| 13 | | (f) For purposes of this Section "child abuse or neglect" | 14 | | includes abuse or neglect of an adult resident as defined in | 15 | | this Act. | 16 | | (Source: P.A. 98-1141, eff. 12-30-14.)
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