Full Text of HB4062 101st General Assembly
HB4062 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4062 Introduced 1/13/2020, by Rep. Margo McDermed - Jonathan Carroll SYNOPSIS AS INTRODUCED: |
| 325 ILCS 5/3 | from Ch. 23, par. 2053 | 325 ILCS 5/4 | | 325 ILCS 5/4.6 new | |
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Amends the Abused and Neglected Child Reporting Act. Adds youth athletic program workers as mandated reporters. Defines "youth athletic program worker" to mean an individual performing services for a youth athletic program including, but not limited to, coaches, doctors, and program employees. Requires a youth athletic program to have a background check performed for each youth athletic program worker by a reputable, licensed third-party vendor. Effective immediately. |
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| | A BILL FOR |
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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 3 and 4 and by adding Section 4.6 | 6 | | as follows: | 7 | | (325 ILCS 5/3) (from Ch. 23, par. 2053) | 8 | | Sec. 3. As used in this Act unless the context otherwise | 9 | | requires: | 10 | | "Adult resident" means any person between 18 and 22 years | 11 | | of age who resides in any facility licensed by the Department | 12 | | under the Child Care Act of 1969. For purposes of this Act, the | 13 | | criteria set forth in the definitions of "abused child" and | 14 | | "neglected child" shall be used in determining whether an adult | 15 | | resident is abused or neglected. | 16 | | "Agency" means a child care facility licensed under Section | 17 | | 2.05 or Section 2.06 of the Child Care Act of 1969 and includes | 18 | | a transitional living program that accepts children and adult | 19 | | residents for placement who are in the guardianship of the | 20 | | Department. | 21 | | "Blatant disregard" means an incident where the real, | 22 | | significant, and imminent risk of harm would be so obvious to a | 23 | | reasonable parent or caretaker that it is unlikely that a |
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| 1 | | reasonable parent or caretaker would have exposed the child to | 2 | | the danger without exercising precautionary measures to | 3 | | protect the child from harm. With respect to a person working | 4 | | at an agency in his or her professional capacity with a child | 5 | | or adult resident, "blatant disregard" includes a failure by | 6 | | the person to perform job responsibilities intended to protect | 7 | | the child's or adult resident's health, physical well-being, or | 8 | | welfare, and, when viewed in light of the surrounding | 9 | | circumstances, evidence exists that would cause a reasonable | 10 | | person to believe that the child was neglected. With respect to | 11 | | an agency, "blatant disregard" includes a failure to implement | 12 | | practices that ensure the health, physical well-being, or | 13 | | welfare of the children and adult residents residing in the | 14 | | facility. | 15 | | "Child" means any person under the age of 18 years, unless | 16 | | legally
emancipated by reason of marriage or entry into a | 17 | | branch of the United
States armed services. | 18 | | "Department" means Department of Children and Family | 19 | | Services. | 20 | | "Local law enforcement agency" means the police of a city, | 21 | | town,
village or other incorporated area or the sheriff of an | 22 | | unincorporated
area or any sworn officer of the Illinois | 23 | | Department of State Police. | 24 | | "Abused child"
means a child whose parent or immediate | 25 | | family
member,
or any person responsible for the child's | 26 | | welfare, or any individual
residing in the same home as the |
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| 1 | | child, or a paramour of the child's parent: | 2 | | (a) inflicts, causes to be inflicted, or allows to be
| 3 | | inflicted upon
such child physical injury, by other than | 4 | | accidental means, which causes
death, disfigurement, | 5 | | impairment of physical or
emotional health, or loss or | 6 | | impairment of any bodily function; | 7 | | (b) creates a substantial risk of physical injury to | 8 | | such
child by
other than accidental means which would be | 9 | | likely to cause death,
disfigurement, impairment of | 10 | | physical or emotional health, or loss or
impairment of any | 11 | | bodily function; | 12 | | (c) commits or allows to be committed any sex offense | 13 | | against
such child,
as such sex offenses are defined in the | 14 | | Criminal Code of 2012 or in the Wrongs to Children Act,
and | 15 | | extending those definitions of sex offenses to include | 16 | | children under
18 years of age; | 17 | | (d) commits or allows to be committed an act or acts of
| 18 | | torture upon
such child; | 19 | | (e) inflicts excessive corporal punishment or, in the | 20 | | case of a person working for an agency who is prohibited | 21 | | from using corporal punishment, inflicts corporal | 22 | | punishment upon a child or adult resident with whom the | 23 | | person is working in his or her professional capacity; | 24 | | (f) commits or allows to be committed
the offense of
| 25 | | female
genital mutilation, as defined in Section 12-34 of | 26 | | the Criminal Code of
2012, against the child; |
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| 1 | | (g) causes to be sold, transferred, distributed, or | 2 | | given to
such child
under 18 years of age, a controlled | 3 | | substance as defined in Section 102 of the
Illinois | 4 | | Controlled Substances Act in violation of Article IV of the | 5 | | Illinois
Controlled Substances Act or in violation of the | 6 | | Methamphetamine Control and Community Protection Act, | 7 | | except for controlled substances that are prescribed
in | 8 | | accordance with Article III of the Illinois Controlled | 9 | | Substances Act and
are dispensed to such child in a manner | 10 | | that substantially complies with the
prescription; or | 11 | | (h) commits or allows to be committed the offense of | 12 | | involuntary servitude, involuntary sexual servitude of a | 13 | | minor, or trafficking in persons as defined in Section 10-9 | 14 | | of the Criminal Code of 2012 against the child. | 15 | | A child shall not be considered abused for the sole reason | 16 | | that the child
has been relinquished in accordance with the | 17 | | Abandoned Newborn Infant
Protection Act. | 18 | | "Neglected child" means any child who is not receiving the | 19 | | proper or
necessary nourishment or medically indicated | 20 | | treatment including food or care
not provided solely on the | 21 | | basis of the present or anticipated mental or
physical | 22 | | impairment as determined by a physician acting alone or in
| 23 | | consultation with other physicians or otherwise is not | 24 | | receiving the proper or
necessary support or medical or other | 25 | | remedial care recognized under State law
as necessary for a | 26 | | child's well-being, or other care necessary for his or her
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| 1 | | well-being, including adequate food, clothing and shelter; or | 2 | | who is subjected to an environment which is injurious insofar | 3 | | as (i) the child's environment creates a likelihood of harm to | 4 | | the child's health, physical well-being, or welfare and (ii) | 5 | | the likely harm to the child is the result of a blatant | 6 | | disregard of parent, caretaker, or agency responsibilities; or | 7 | | who is abandoned
by his or her parents or other person | 8 | | responsible for the child's welfare
without a proper plan of | 9 | | care; or who has been provided with interim crisis intervention | 10 | | services under
Section 3-5 of
the Juvenile Court Act of 1987 | 11 | | and whose parent, guardian, or custodian refuses to
permit
the | 12 | | child to return home and no other living arrangement agreeable
| 13 | | to the parent, guardian, or custodian can be made, and the | 14 | | parent, guardian, or custodian has not made any other | 15 | | appropriate living arrangement for the child; or who is a | 16 | | newborn infant whose blood, urine,
or meconium
contains any | 17 | | amount of a controlled substance as defined in subsection (f) | 18 | | of
Section 102 of the Illinois Controlled Substances Act or a | 19 | | metabolite thereof,
with the exception of a controlled | 20 | | substance or metabolite thereof whose
presence in the newborn | 21 | | infant is the result of medical treatment administered
to the | 22 | | mother or the newborn infant. A child shall not be considered | 23 | | neglected
for the sole reason that the child's parent or other | 24 | | person responsible for his
or her welfare has left the child in | 25 | | the care of an adult relative for any
period of time. A child | 26 | | shall not be considered neglected for the sole reason
that the |
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| 1 | | child has been relinquished in accordance with the Abandoned | 2 | | Newborn
Infant Protection Act. A child shall not be considered | 3 | | neglected or abused
for the
sole reason that such child's | 4 | | parent or other person responsible for his or her
welfare | 5 | | depends upon spiritual means through prayer alone for the | 6 | | treatment or
cure of disease or remedial care as provided under | 7 | | Section 4 of this Act. A
child shall not be considered | 8 | | neglected or abused solely because the child is
not attending | 9 | | school in accordance with the requirements of Article 26 of The
| 10 | | School Code, as amended. | 11 | | "Child Protective Service Unit" means certain specialized | 12 | | State employees of
the Department assigned by the Director to | 13 | | perform the duties and
responsibilities as provided under | 14 | | Section 7.2 of this Act. | 15 | | "Near fatality" means an act that, as certified by a | 16 | | physician, places the child in serious or critical condition, | 17 | | including acts of great bodily harm inflicted upon children | 18 | | under 13 years of age, and as otherwise defined by Department | 19 | | rule. | 20 | | "Great bodily harm" includes bodily injury which creates a | 21 | | high probability of death, or which causes serious permanent | 22 | | disfigurement, or which causes a permanent or protracted loss | 23 | | or impairment of the function of any bodily member or organ, or | 24 | | other serious bodily harm. | 25 | | "Person responsible for the child's welfare" means the | 26 | | child's parent;
guardian; foster parent; relative caregiver; |
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| 1 | | any person responsible for the
child's welfare in a public or | 2 | | private residential agency or institution; any
person | 3 | | responsible for the child's welfare within a public or private | 4 | | profit or
not for profit child care facility; or any other | 5 | | person responsible for the
child's welfare at the time of the | 6 | | alleged abuse or neglect, including any person that is the | 7 | | custodian of a child under 18 years of age who commits or | 8 | | allows to be committed, against the child, the offense of | 9 | | involuntary servitude, involuntary sexual servitude of a | 10 | | minor, or trafficking in persons for forced labor or services, | 11 | | as provided in Section 10-9 of the Criminal Code of 2012, or | 12 | | any person who
came to know the child through an official | 13 | | capacity or position of trust,
including but not limited to | 14 | | health care professionals, educational personnel,
recreational | 15 | | supervisors, members of the clergy, and volunteers or
support | 16 | | personnel in any setting
where children may be subject to abuse | 17 | | or neglect. | 18 | | "Temporary protective custody" means custody within a | 19 | | hospital or
other medical facility or a place previously | 20 | | designated for such custody
by the Department, subject to | 21 | | review by the Court, including a licensed
foster home, group | 22 | | home, or other institution; but such place shall not
be a jail | 23 | | or other place for the detention of criminal or juvenile | 24 | | offenders. | 25 | | "An unfounded report" means any report made under this Act | 26 | | for which
it is determined after an investigation that no |
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| 1 | | credible evidence of
abuse or neglect exists. | 2 | | "An indicated report" means a report made under this Act if | 3 | | an
investigation determines that credible evidence of the | 4 | | alleged
abuse or neglect exists. | 5 | | "An undetermined report" means any report made under this | 6 | | Act in
which it was not possible to initiate or complete an | 7 | | investigation on
the basis of information provided to the | 8 | | Department. | 9 | | "Subject of report" means any child reported to the central | 10 | | register
of child abuse and neglect established under Section | 11 | | 7.7 of this Act as an alleged victim of child abuse or neglect | 12 | | and
the parent or guardian of the alleged victim or other | 13 | | person responsible for the alleged victim's welfare who is | 14 | | named in the report or added to the report as an alleged | 15 | | perpetrator of child abuse or neglect. | 16 | | "Perpetrator" means a person who, as a result of | 17 | | investigation, has
been determined by the Department to have | 18 | | caused child abuse or neglect. | 19 | | "Member of the clergy" means a clergyman or practitioner of | 20 | | any religious
denomination accredited by the religious body to | 21 | | which he or she belongs. | 22 | | "Youth athletic program worker" means an individual | 23 | | performing services for a youth athletic program including, but | 24 | | not limited to, coaches, doctors, and program employees. | 25 | | (Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19 .)
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| 1 | | (325 ILCS 5/4)
| 2 | | Sec. 4. Persons required to report; privileged | 3 | | communications;
transmitting false report. | 4 | | (a) The following persons are required to immediately | 5 | | report to the Department when they have reasonable cause to | 6 | | believe that a child known to them in their professional or | 7 | | official capacities may be an abused child or a neglected | 8 | | child: | 9 | | (1) Medical personnel, including any: physician | 10 | | licensed to practice medicine in any of its branches | 11 | | (medical doctor or doctor of osteopathy); resident; | 12 | | intern; medical administrator or personnel engaged in the | 13 | | examination, care, and treatment of persons; psychiatrist; | 14 | | surgeon; dentist; dental hygienist; chiropractic | 15 | | physician; podiatric physician; physician assistant; | 16 | | emergency medical technician; acupuncturist; registered | 17 | | nurse; licensed practical nurse; advanced practice | 18 | | registered nurse; genetic counselor; respiratory care | 19 | | practitioner; home health aide; or certified nursing | 20 | | assistant. | 21 | | (2) Social services and mental health personnel, | 22 | | including any: licensed professional counselor; licensed | 23 | | clinical professional counselor; licensed social worker; | 24 | | licensed clinical social worker; licensed psychologist or | 25 | | assistant working under the direct supervision of a | 26 | | psychologist; associate licensed marriage and family |
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| 1 | | therapist; licensed marriage and family therapist; field | 2 | | personnel of the Departments of Healthcare and Family | 3 | | Services, Public Health, Human Services, Human Rights, or | 4 | | Children and Family Services; supervisor or administrator | 5 | | of the General Assistance program established under | 6 | | Article VI of the Illinois Public Aid Code; social services | 7 | | administrator; or substance abuse treatment personnel. | 8 | | (3) Crisis intervention personnel, including any: | 9 | | crisis line or hotline personnel; or domestic violence | 10 | | program personnel. | 11 | | (4)
Education personnel, including any: school | 12 | | personnel (including administrators and certified and | 13 | | non-certified school employees); personnel of institutions | 14 | | of higher education; educational advocate assigned to a | 15 | | child in accordance with the School Code; member of a | 16 | | school board or the Chicago Board of Education or the | 17 | | governing body of a private school (but only to the extent | 18 | | required under subsection (d)); or truant officer. | 19 | | (5)
Recreation or athletic program or facility | 20 | | personnel , including any youth athletic program worker . | 21 | | (6)
Child care personnel, including any: early | 22 | | intervention provider as defined in the Early Intervention | 23 | | Services System Act; director or staff assistant of a | 24 | | nursery school or a child day care center; or foster | 25 | | parent, homemaker, or child care worker. | 26 | | (7)
Law enforcement personnel, including any: law |
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| 1 | | enforcement officer; field personnel of the Department of | 2 | | Juvenile Justice; field personnel of the Department of | 3 | | Corrections; probation officer; or animal control officer | 4 | | or field investigator of the Department of Agriculture's | 5 | | Bureau of Animal Health and Welfare. | 6 | | (8)
Any funeral home director; funeral home director | 7 | | and embalmer; funeral home employee; coroner; or medical | 8 | | examiner. | 9 | | (9)
Any member of the clergy. | 10 | | (10) Any physician, physician assistant, registered | 11 | | nurse, licensed practical nurse, medical technician, | 12 | | certified nursing assistant, licensed social worker, | 13 | | licensed clinical social worker, or licensed professional | 14 | | counselor of any office, clinic, or any other physical | 15 | | location that provides abortions, abortion referrals, or | 16 | | contraceptives. | 17 | | (b) When 2 or more persons who work within the same | 18 | | workplace and are required to report under this Act share a | 19 | | reasonable cause to believe that a child may be an abused or | 20 | | neglected child, one of those reporters may be designated to | 21 | | make a single report. The report shall include the names and | 22 | | contact information for the other mandated reporters sharing | 23 | | the reasonable cause to believe that a child may be an abused | 24 | | or neglected child. The designated reporter must provide | 25 | | written confirmation of the report to those mandated reporters | 26 | | within 48 hours. If confirmation is not provided, those |
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| 1 | | mandated reporters are individually responsible for | 2 | | immediately ensuring a report is made. Nothing in this Section | 3 | | precludes or may be used to preclude any person from reporting | 4 | | child abuse or child neglect. | 5 | | (c)(1) As used in this Section, "a child known to them in | 6 | | their professional or official capacities" means: | 7 | | (A) the mandated reporter comes into contact with the | 8 | | child in the course of the reporter's employment or | 9 | | practice of a profession, or through a regularly scheduled | 10 | | program, activity, or service; | 11 | | (B) the mandated reporter is affiliated with an agency, | 12 | | institution, organization, school, school district, | 13 | | regularly established church or religious organization, or | 14 | | other entity that is directly responsible for the care, | 15 | | supervision, guidance, or training of the child; or | 16 | | (C) a person makes a specific disclosure to the | 17 | | mandated reporter that an identifiable child is the victim | 18 | | of child abuse or child neglect, and the disclosure happens | 19 | | while the mandated reporter is engaged in his or her | 20 | | employment or practice of a profession, or in a regularly | 21 | | scheduled program, activity, or service. | 22 | | (2) Nothing in this Section requires a child to come before | 23 | | the mandated reporter in order for the reporter to make a | 24 | | report of suspected child abuse or child neglect.
| 25 | | (d) If an allegation is raised to a school board member | 26 | | during the course of an open or closed school board meeting |
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| 1 | | that a child who is enrolled in the school district of which he | 2 | | or she is a board member is an abused child as defined in | 3 | | Section 3 of this Act, the member shall direct or cause the | 4 | | school board to direct the superintendent of the school | 5 | | district or other equivalent school administrator to comply | 6 | | with the requirements of this Act concerning the reporting of | 7 | | child abuse. For purposes of this paragraph, a school board | 8 | | member is granted the authority in his or her individual | 9 | | capacity to direct the superintendent of the school district or | 10 | | other equivalent school administrator to comply with the | 11 | | requirements of this Act concerning the reporting of child | 12 | | abuse.
| 13 | | Notwithstanding any other provision of this Act, if an | 14 | | employee of a school district has made a report or caused a | 15 | | report to be made to the Department under this Act involving | 16 | | the conduct of a current or former employee of the school | 17 | | district and a request is made by another school district for | 18 | | the provision of information concerning the job performance or | 19 | | qualifications of the current or former employee because he or | 20 | | she is an applicant for employment with the requesting school | 21 | | district, the general superintendent of the school district to | 22 | | which the request is being made must disclose to the requesting | 23 | | school district the fact that an employee of the school | 24 | | district has made a report involving the conduct of the | 25 | | applicant or caused a report to be made to the Department, as | 26 | | required under this Act. Only the fact that an employee of the |
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| 1 | | school district has made a report involving the conduct of the | 2 | | applicant or caused a report to be made to the Department may | 3 | | be disclosed by the general superintendent of the school | 4 | | district to which the request for information concerning the | 5 | | applicant is made, and this fact may be disclosed only in cases | 6 | | where the employee and the general superintendent have not been | 7 | | informed by the Department that the allegations were unfounded. | 8 | | An employee of a school district who is or has been the subject | 9 | | of a report made pursuant to this Act during his or her | 10 | | employment with the school district must be informed by that | 11 | | school district that if he or she applies for employment with | 12 | | another school district, the general superintendent of the | 13 | | former school district, upon the request of the school district | 14 | | to which the employee applies, shall notify that requesting | 15 | | school district that the employee is or was the subject of such | 16 | | a report.
| 17 | | (e) Whenever
such person is required to report under this | 18 | | Act in his capacity as a member of
the staff of a medical or | 19 | | other public or private institution, school, facility
or | 20 | | agency, or as a member of the clergy, he shall
make report | 21 | | immediately to the Department in accordance
with the provisions | 22 | | of this Act and may also notify the person in charge of
such | 23 | | institution, school, facility or agency, or church, synagogue, | 24 | | temple,
mosque, or other religious institution, or his
| 25 | | designated agent that such
report has been made. Under no | 26 | | circumstances shall any person in charge of
such institution, |
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| 1 | | school, facility or agency, or church, synagogue, temple,
| 2 | | mosque, or other religious institution, or his
designated agent | 3 | | to whom
such notification has been made, exercise any control, | 4 | | restraint, modification
or other change in the report or the | 5 | | forwarding of such report to the
Department.
| 6 | | (f) In addition to the persons required to report suspected | 7 | | cases of child abuse or child neglect under this Section, any | 8 | | other person may make a report if such person has reasonable | 9 | | cause to believe a child may be an abused child or a neglected | 10 | | child. | 11 | | (g) 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 | | The reporting requirements of this Act shall not apply to | 23 | | the contents of a privileged communication between an attorney | 24 | | and his or her client or to confidential information within the | 25 | | meaning of Rule 1.6 of the Illinois Rules of Professional | 26 | | Conduct relating to the legal representation of an individual |
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| 1 | | client. | 2 | | A member of the clergy may claim the privilege under | 3 | | Section 8-803 of the
Code of Civil Procedure.
| 4 | | (h) Any office, clinic, or any other physical location that | 5 | | provides abortions, abortion referrals, or contraceptives | 6 | | shall provide to all office personnel copies of written | 7 | | information and training materials about abuse and neglect and | 8 | | the requirements of this Act that are provided to employees of | 9 | | the office, clinic, or physical location who are required to | 10 | | make reports to the Department under this Act, and instruct | 11 | | such office personnel to bring to the attention of an employee | 12 | | of the office, clinic, or physical location who is required to | 13 | | make reports to the Department under this Act any reasonable | 14 | | suspicion that a child known to him or her in his or her | 15 | | professional or official capacity may be an abused child or a | 16 | | neglected child.
| 17 | | (i) Any person who enters into
employment on and after July | 18 | | 1, 1986 and is mandated by virtue of that
employment to report | 19 | | under this Act, shall sign a statement on a form
prescribed by | 20 | | the Department, to the effect that the employee has knowledge
| 21 | | and understanding of the reporting requirements of this Act. On | 22 | | and after January 1, 2019, the statement
shall also include | 23 | | information about available mandated reporter training | 24 | | provided by the Department. The statement
shall be signed prior | 25 | | to commencement of the employment. The signed
statement shall | 26 | | be retained by the employer. The cost of printing,
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| 1 | | distribution, and filing of the statement shall be borne by the | 2 | | employer.
| 3 | | (j) Persons required to report child abuse or child neglect | 4 | | as provided under this Section must complete an initial | 5 | | mandated reporter training within 3 months of their date of | 6 | | engagement in a professional or official capacity as a mandated | 7 | | reporter, or within the time frame of any other applicable | 8 | | State law that governs training requirements for a specific | 9 | | profession, and at least every 3 years thereafter. The initial | 10 | | requirement only applies to the first time they engage in their | 11 | | professional or official capacity. In lieu of training every 3 | 12 | | years, medical personnel, as listed in paragraph (1) of | 13 | | subsection (a), must meet the requirements described in | 14 | | subsection (k). | 15 | | The trainings shall be in-person or web-based, and shall | 16 | | include, at a minimum, information on the following topics: (i) | 17 | | indicators for recognizing child abuse and child neglect, as | 18 | | defined under this Act; (ii) the process for reporting | 19 | | suspected child abuse and child neglect in Illinois as required | 20 | | by this Act and the required documentation; (iii) responding to | 21 | | a child in a trauma-informed manner; and (iv) understanding the | 22 | | response of child protective services and the role of the | 23 | | reporter after a call has been made. Child-serving | 24 | | organizations are encouraged to provide in-person annual | 25 | | trainings. | 26 | | The mandated reporter training shall be provided through |
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| 1 | | the Department, through an entity authorized to provide | 2 | | continuing education for professionals licensed through the | 3 | | Department of Financial and Professional Regulation, the State | 4 | | Board of Education, the Illinois Law Enforcement Training | 5 | | Standards Board, or the Department of State Police, or through | 6 | | an organization approved by the Department to provide mandated | 7 | | reporter training. The Department must make available a free | 8 | | web-based training for reporters. | 9 | | Each mandated reporter shall report to his or her employer | 10 | | and, when applicable, to his or her licensing or certification | 11 | | board that he or she received the mandated reporter training. | 12 | | The mandated reporter shall maintain records of completion. | 13 | | Beginning January 1, 2021, if a mandated reporter receives | 14 | | licensure from the Department of Financial and Professional | 15 | | Regulation or the State Board of Education, and his or her | 16 | | profession has continuing education requirements, the training | 17 | | mandated under this Section shall count toward meeting the | 18 | | licensee's required continuing education hours. | 19 | | (k)(1) Medical personnel, as listed in paragraph (1) of | 20 | | subsection (a), who work with children in their professional or | 21 | | official capacity, must complete mandated reporter training at | 22 | | least every 6 years. Such medical personnel, if licensed, must | 23 | | attest at each time of licensure renewal on their renewal form | 24 | | that they understand they are a mandated reporter of child | 25 | | abuse and neglect, that they are aware of the process for | 26 | | making a report, that they know how to respond to a child in a |
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| 1 | | trauma-informed manner, and that they are aware of the role of | 2 | | child protective services and the role of a reporter after a | 3 | | call has been made. | 4 | | (2) In lieu of repeated training, medical personnel, as | 5 | | listed in paragraph (1) of subsection (a), who do not work with | 6 | | children in their professional or official capacity, may | 7 | | instead attest each time at licensure renewal on their renewal | 8 | | form that they understand they are a mandated reporter of child | 9 | | abuse and neglect, that they are aware of the process for | 10 | | making a report, that they know how to respond to a child in a | 11 | | trauma-informed manner, and that they are aware of the role of | 12 | | child protective services and the role of a reporter after a | 13 | | call has been made. Nothing in this paragraph precludes medical | 14 | | personnel from completing mandated reporter training and | 15 | | receiving continuing education credits for that training. | 16 | | (l) The Department shall provide copies of this Act, upon | 17 | | request, to all
employers employing persons who shall be | 18 | | required under the provisions of
this Section to report under | 19 | | this Act.
| 20 | | (m) Any person who knowingly transmits a false report to | 21 | | the Department
commits the offense of disorderly conduct under | 22 | | subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. | 23 | | A violation of this provision is a Class 4 felony.
| 24 | | Any person who knowingly and willfully violates any | 25 | | provision of this
Section other than a second or subsequent | 26 | | violation of transmitting a
false report as described in the
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| 1 | | preceding paragraph, is guilty of a
Class A misdemeanor for
a | 2 | | first violation and a Class
4 felony for a
second or subsequent | 3 | | violation; except that if the person acted as part
of a plan or | 4 | | scheme having as its object the
prevention of discovery of an | 5 | | abused or neglected child by lawful authorities
for the
purpose | 6 | | of protecting or insulating any person or entity from arrest or
| 7 | | prosecution, the
person is guilty of a Class 4 felony for a | 8 | | first offense and a Class 3 felony
for a second or
subsequent | 9 | | offense (regardless of whether the second or subsequent offense
| 10 | | involves any
of the same facts or persons as the first or other | 11 | | prior offense).
| 12 | | (n) A child whose parent, guardian or custodian in good | 13 | | faith selects and depends
upon spiritual means through prayer | 14 | | alone for the treatment or cure of
disease or remedial care may | 15 | | be considered neglected or abused, but not for
the sole reason | 16 | | that his parent, guardian or custodian accepts and
practices | 17 | | such beliefs.
| 18 | | (o) A child shall not be considered neglected or abused | 19 | | solely because the
child is not attending school in accordance | 20 | | with the requirements of
Article 26 of the School Code, as | 21 | | amended.
| 22 | | (p) Nothing in this Act prohibits a mandated reporter who | 23 | | reasonably believes that an animal is being abused or neglected | 24 | | in violation of the Humane Care for Animals Act from reporting | 25 | | animal abuse or neglect to the Department of Agriculture's | 26 | | Bureau of Animal Health and Welfare. |
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| 1 | | (q) A home rule unit may not regulate the reporting of | 2 | | child abuse or neglect in a manner inconsistent with the | 3 | | provisions of this Section. This Section is a limitation under | 4 | | subsection (i) of Section 6 of Article VII of the Illinois | 5 | | Constitution on the concurrent exercise by home rule units of | 6 | | powers and functions exercised by the State. | 7 | | (r) For purposes of this Section "child abuse or neglect" | 8 | | includes abuse or neglect of an adult resident as defined in | 9 | | this Act. | 10 | | (Source: P.A. 100-513, eff. 1-1-18; 100-1071, eff. 1-1-19; | 11 | | 101-564, eff. 1-1-20 .)
| 12 | | (325 ILCS 5/4.6 new) | 13 | | Sec. 4.6. Youth athletic program workers. A youth athletic | 14 | | program must have a background check performed for each youth | 15 | | athletic program worker by a reputable, licensed third-party | 16 | | vendor. The background check shall include: | 17 | | (1) Social Security Number to confirm the identity of | 18 | | the individual; | 19 | | (2) driving records if the individual is driving as | 20 | | part of his or her duties with the program; | 21 | | (3) a multijurisdictional State and county criminal | 22 | | records database search; and | 23 | | (4) a federal criminal search.
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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