Full Text of HB5417 101st General Assembly
HB5417 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5417 Introduced , by Rep. Terri Bryant - Grant Wehrli - Amy Grant SYNOPSIS AS INTRODUCED: |
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Amends the Abused and Neglected Child Reporting Act. In a provision requiring all mandated reporters to complete mandated reporter training, provides that the required in-person or web-based training shall include information on the process for reporting suspected child abuse or neglect utilizing the Department of Children and Family Services' Online Reporting System for Mandated Reporters.
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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 Section 4 as follows:
| 6 | | (325 ILCS 5/4)
| 7 | | Sec. 4. Persons required to report; privileged | 8 | | communications;
transmitting false report. | 9 | | (a) The following persons are required to immediately | 10 | | report to the Department when they have reasonable cause to | 11 | | believe that a child known to them in their professional or | 12 | | official capacities may be an abused child or a neglected | 13 | | child: | 14 | | (1) Medical personnel, including any: physician | 15 | | licensed to practice medicine in any of its branches | 16 | | (medical doctor or doctor of osteopathy); resident; | 17 | | intern; medical administrator or personnel engaged in the | 18 | | examination, care, and treatment of persons; psychiatrist; | 19 | | surgeon; dentist; dental hygienist; chiropractic | 20 | | physician; podiatric physician; physician assistant; | 21 | | emergency medical technician; acupuncturist; registered | 22 | | nurse; licensed practical nurse; advanced practice | 23 | | registered nurse; genetic counselor; respiratory care |
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| 1 | | practitioner; home health aide; or certified nursing | 2 | | assistant. | 3 | | (2) Social services and mental health personnel, | 4 | | including any: licensed professional counselor; licensed | 5 | | clinical professional counselor; licensed social worker; | 6 | | licensed clinical social worker; licensed psychologist or | 7 | | assistant working under the direct supervision of a | 8 | | psychologist; associate licensed marriage and family | 9 | | therapist; licensed marriage and family therapist; field | 10 | | personnel of the Departments of Healthcare and Family | 11 | | Services, Public Health, Human Services, Human Rights, or | 12 | | Children and Family Services; supervisor or administrator | 13 | | of the General Assistance program established under | 14 | | Article VI of the Illinois Public Aid Code; social services | 15 | | administrator; or substance abuse treatment personnel. | 16 | | (3) Crisis intervention personnel, including any: | 17 | | crisis line or hotline personnel; or domestic violence | 18 | | program personnel. | 19 | | (4)
Education personnel, including any: school | 20 | | personnel (including administrators and certified and | 21 | | non-certified school employees); personnel of institutions | 22 | | of higher education; educational advocate assigned to a | 23 | | child in accordance with the School Code; member of a | 24 | | school board or the Chicago Board of Education or the | 25 | | governing body of a private school (but only to the extent | 26 | | required under subsection (d)); or truant officer. |
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| 1 | | (5)
Recreation or athletic program or facility | 2 | | personnel. | 3 | | (6)
Child care personnel, including any: early | 4 | | intervention provider as defined in the Early Intervention | 5 | | Services System Act; director or staff assistant of a | 6 | | nursery school or a child day care center; or foster | 7 | | parent, homemaker, or child care worker. | 8 | | (7)
Law enforcement personnel, including any: law | 9 | | enforcement officer; field personnel of the Department of | 10 | | Juvenile Justice; field personnel of the Department of | 11 | | Corrections; probation officer; or animal control officer | 12 | | or field investigator of the Department of Agriculture's | 13 | | Bureau of Animal Health and Welfare. | 14 | | (8)
Any funeral home director; funeral home director | 15 | | and embalmer; funeral home employee; coroner; or medical | 16 | | examiner. | 17 | | (9)
Any member of the clergy. | 18 | | (10) Any physician, physician assistant, registered | 19 | | nurse, licensed practical nurse, medical technician, | 20 | | certified nursing assistant, licensed social worker, | 21 | | licensed clinical social worker, or licensed professional | 22 | | counselor of any office, clinic, or any other physical | 23 | | location that provides abortions, abortion referrals, or | 24 | | contraceptives. | 25 | | (b) When 2 or more persons who work within the same | 26 | | workplace and are required to report under this Act share a |
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| 1 | | reasonable cause to believe that a child may be an abused or | 2 | | neglected child, one of those reporters may be designated to | 3 | | make a single report. The report shall include the names and | 4 | | contact information for the other mandated reporters sharing | 5 | | the reasonable cause to believe that a child may be an abused | 6 | | or neglected child. The designated reporter must provide | 7 | | written confirmation of the report to those mandated reporters | 8 | | within 48 hours. If confirmation is not provided, those | 9 | | mandated reporters are individually responsible for | 10 | | immediately ensuring a report is made. Nothing in this Section | 11 | | precludes or may be used to preclude any person from reporting | 12 | | child abuse or child neglect. | 13 | | (c)(1) As used in this Section, "a child known to them in | 14 | | their professional or official capacities" means: | 15 | | (A) the mandated reporter comes into contact with the | 16 | | child in the course of the reporter's employment or | 17 | | practice of a profession, or through a regularly scheduled | 18 | | program, activity, or service; | 19 | | (B) the mandated reporter is affiliated with an agency, | 20 | | institution, organization, school, school district, | 21 | | regularly established church or religious organization, or | 22 | | other entity that is directly responsible for the care, | 23 | | supervision, guidance, or training of the child; or | 24 | | (C) a person makes a specific disclosure to the | 25 | | mandated reporter that an identifiable child is the victim | 26 | | of child abuse or child neglect, and the disclosure happens |
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| 1 | | while the mandated reporter is engaged in his or her | 2 | | employment or practice of a profession, or in a regularly | 3 | | scheduled program, activity, or service. | 4 | | (2) Nothing in this Section requires a child to come before | 5 | | the mandated reporter in order for the reporter to make a | 6 | | report of suspected child abuse or child neglect.
| 7 | | (d) If an allegation is raised to a school board member | 8 | | during the course of an open or closed school board meeting | 9 | | that a child who is enrolled in the school district of which he | 10 | | or she is a board member is an abused child as defined in | 11 | | Section 3 of this Act, the member shall direct or cause the | 12 | | school board to direct the superintendent of the school | 13 | | district or other equivalent school administrator to comply | 14 | | with the requirements of this Act concerning the reporting of | 15 | | child abuse. For purposes of this paragraph, a school board | 16 | | member is granted the authority in his or her individual | 17 | | capacity to direct the superintendent of the school district or | 18 | | other equivalent school administrator to comply with the | 19 | | requirements of this Act concerning the reporting of child | 20 | | abuse.
| 21 | | Notwithstanding any other provision of this Act, if an | 22 | | employee of a school district has made a report or caused a | 23 | | report to be made to the Department under this Act involving | 24 | | the conduct of a current or former employee of the school | 25 | | district and a request is made by another school district for | 26 | | the provision of information concerning the job performance or |
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| 1 | | qualifications of the current or former employee because he or | 2 | | she is an applicant for employment with the requesting school | 3 | | district, the general superintendent of the school district to | 4 | | which the request is being made must disclose to the requesting | 5 | | school district the fact that an employee of the school | 6 | | district has made a report involving the conduct of the | 7 | | applicant or caused a report to be made to the Department, as | 8 | | required under this Act. Only the fact that an employee of the | 9 | | school district has made a report involving the conduct of the | 10 | | applicant or caused a report to be made to the Department may | 11 | | be disclosed by the general superintendent of the school | 12 | | district to which the request for information concerning the | 13 | | applicant is made, and this fact may be disclosed only in cases | 14 | | where the employee and the general superintendent have not been | 15 | | informed by the Department that the allegations were unfounded. | 16 | | An employee of a school district who is or has been the subject | 17 | | of a report made pursuant to this Act during his or her | 18 | | employment with the school district must be informed by that | 19 | | school district that if he or she applies for employment with | 20 | | another school district, the general superintendent of the | 21 | | former school district, upon the request of the school district | 22 | | to which the employee applies, shall notify that requesting | 23 | | school district that the employee is or was the subject of such | 24 | | a report.
| 25 | | (e) Whenever
such person is required to report under this | 26 | | Act in his capacity as a member of
the staff of a medical or |
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| 1 | | other public or private institution, school, facility
or | 2 | | agency, or as a member of the clergy, he shall
make report | 3 | | immediately to the Department in accordance
with the provisions | 4 | | of this Act and may also notify the person in charge of
such | 5 | | institution, school, facility or agency, or church, synagogue, | 6 | | temple,
mosque, or other religious institution, or his
| 7 | | designated agent that such
report has been made. Under no | 8 | | circumstances shall any person in charge of
such institution, | 9 | | school, facility or agency, or church, synagogue, temple,
| 10 | | mosque, or other religious institution, or his
designated agent | 11 | | to whom
such notification has been made, exercise any control, | 12 | | restraint, modification
or other change in the report or the | 13 | | forwarding of such report to the
Department.
| 14 | | (f) In addition to the persons required to report suspected | 15 | | cases of child abuse or child neglect under this Section, any | 16 | | other person may make a report if such person has reasonable | 17 | | cause to believe a child may be an abused child or a neglected | 18 | | child. | 19 | | (g) The privileged quality of communication between any | 20 | | professional
person required to report
and his patient or | 21 | | client shall not apply to situations involving abused or
| 22 | | neglected children and shall not constitute grounds for failure | 23 | | to report
as required by this Act or constitute grounds for | 24 | | failure to share information or documents with the Department | 25 | | during the course of a child abuse or neglect investigation. If | 26 | | requested by the professional, the Department shall confirm in |
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| 1 | | writing that the information or documents disclosed by the | 2 | | professional were gathered in the course of a child abuse or | 3 | | neglect investigation.
| 4 | | The reporting requirements of this Act shall not apply to | 5 | | the contents of a privileged communication between an attorney | 6 | | and his or her client or to confidential information within the | 7 | | meaning of Rule 1.6 of the Illinois Rules of Professional | 8 | | Conduct relating to the legal representation of an individual | 9 | | client. | 10 | | A member of the clergy may claim the privilege under | 11 | | Section 8-803 of the
Code of Civil Procedure.
| 12 | | (h) Any office, clinic, or any other physical location that | 13 | | provides abortions, abortion referrals, or contraceptives | 14 | | shall provide to all office personnel copies of written | 15 | | information and training materials about abuse and neglect and | 16 | | the requirements of this Act that are provided to employees of | 17 | | the office, clinic, or physical location who are required to | 18 | | make reports to the Department under this Act, and instruct | 19 | | such office personnel to bring to the attention of an employee | 20 | | of the office, clinic, or physical location who is required to | 21 | | make reports to the Department under this Act any reasonable | 22 | | suspicion that a child known to him or her in his or her | 23 | | professional or official capacity may be an abused child or a | 24 | | neglected child.
| 25 | | (i) Any person who enters into
employment on and after July | 26 | | 1, 1986 and is mandated by virtue of that
employment to report |
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| 1 | | under this Act, shall sign a statement on a form
prescribed by | 2 | | the Department, to the effect that the employee has knowledge
| 3 | | and understanding of the reporting requirements of this Act. On | 4 | | and after January 1, 2019, the statement
shall also include | 5 | | information about available mandated reporter training | 6 | | provided by the Department. The statement
shall be signed prior | 7 | | to commencement of the employment. The signed
statement shall | 8 | | be retained by the employer. The cost of printing,
| 9 | | distribution, and filing of the statement shall be borne by the | 10 | | employer.
| 11 | | (j) Persons required to report child abuse or child neglect | 12 | | as provided under this Section must complete an initial | 13 | | mandated reporter training within 3 months of their date of | 14 | | engagement in a professional or official capacity as a mandated | 15 | | reporter, or within the time frame of any other applicable | 16 | | State law that governs training requirements for a specific | 17 | | profession, and at least every 3 years thereafter. The initial | 18 | | requirement only applies to the first time they engage in their | 19 | | professional or official capacity. In lieu of training every 3 | 20 | | years, medical personnel, as listed in paragraph (1) of | 21 | | subsection (a), must meet the requirements described in | 22 | | subsection (k). | 23 | | The trainings shall be in-person or web-based, and shall | 24 | | include, at a minimum, information on the following topics: (i) | 25 | | indicators for recognizing child abuse and child neglect, as | 26 | | defined under this Act; (ii) the process for reporting |
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| 1 | | suspected child abuse and child neglect in Illinois as required | 2 | | by this Act and the required documentation , including the | 3 | | process for reporting suspected child abuse or neglect | 4 | | utilizing the Department's Online Reporting System for | 5 | | Mandated Reporters ; (iii) responding to a child in a | 6 | | trauma-informed manner; and (iv) understanding the response of | 7 | | child protective services and the role of the reporter after a | 8 | | call has been made. Child-serving organizations are encouraged | 9 | | to provide in-person annual trainings. | 10 | | The mandated reporter training shall be provided through | 11 | | the Department, through an entity authorized to provide | 12 | | continuing education for professionals licensed through the | 13 | | Department of Financial and Professional Regulation, the State | 14 | | Board of Education, the Illinois Law Enforcement Training | 15 | | Standards Board, or the Department of State Police, or through | 16 | | an organization approved by the Department to provide mandated | 17 | | reporter training. The Department must make available a free | 18 | | web-based training for reporters. | 19 | | Each mandated reporter shall report to his or her employer | 20 | | and, when applicable, to his or her licensing or certification | 21 | | board that he or she received the mandated reporter training. | 22 | | The mandated reporter shall maintain records of completion. | 23 | | Beginning January 1, 2021, if a mandated reporter receives | 24 | | licensure from the Department of Financial and Professional | 25 | | Regulation or the State Board of Education, and his or her | 26 | | profession has continuing education requirements, the training |
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| 1 | | mandated under this Section shall count toward meeting the | 2 | | licensee's required continuing education hours. | 3 | | (k)(1) Medical personnel, as listed in paragraph (1) of | 4 | | subsection (a), who work with children in their professional or | 5 | | official capacity, must complete mandated reporter training at | 6 | | least every 6 years. Such medical personnel, if licensed, must | 7 | | attest at each time of licensure renewal on their renewal form | 8 | | 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. | 14 | | (2) In lieu of repeated training, medical personnel, as | 15 | | listed in paragraph (1) of subsection (a), who do not work with | 16 | | children in their professional or official capacity, may | 17 | | instead attest each time at licensure renewal on their renewal | 18 | | form that they understand they are a mandated reporter of child | 19 | | abuse and neglect, that they are aware of the process for | 20 | | making a report, that they know how to respond to a child in a | 21 | | trauma-informed manner, and that they are aware of the role of | 22 | | child protective services and the role of a reporter after a | 23 | | call has been made. Nothing in this paragraph precludes medical | 24 | | personnel from completing mandated reporter training and | 25 | | receiving continuing education credits for that training. | 26 | | (l) The Department shall provide copies of this Act, upon |
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| 1 | | request, to all
employers employing persons who shall be | 2 | | required under the provisions of
this Section to report under | 3 | | this Act.
| 4 | | (m) Any person who knowingly transmits a false report to | 5 | | the Department
commits the offense of disorderly conduct under | 6 | | subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. | 7 | | A violation of this provision is a Class 4 felony.
| 8 | | Any person who knowingly and willfully violates any | 9 | | provision of this
Section other than a second or subsequent | 10 | | violation of transmitting a
false report as described in the
| 11 | | preceding paragraph, is guilty of a
Class A misdemeanor for
a | 12 | | first violation and a Class
4 felony for a
second or subsequent | 13 | | violation; except that if the person acted as part
of a plan or | 14 | | scheme having as its object the
prevention of discovery of an | 15 | | abused or neglected child by lawful authorities
for the
purpose | 16 | | of protecting or insulating any person or entity from arrest or
| 17 | | prosecution, the
person is guilty of a Class 4 felony for a | 18 | | first offense and a Class 3 felony
for a second or
subsequent | 19 | | offense (regardless of whether the second or subsequent offense
| 20 | | involves any
of the same facts or persons as the first or other | 21 | | prior offense).
| 22 | | (n) A child whose parent, guardian or custodian in good | 23 | | faith selects and depends
upon spiritual means through prayer | 24 | | alone for the treatment or cure of
disease or remedial care may | 25 | | be considered neglected or abused, but not for
the sole reason | 26 | | that his parent, guardian or custodian accepts and
practices |
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| 1 | | such beliefs.
| 2 | | (o) A child shall not be considered neglected or abused | 3 | | solely because the
child is not attending school in accordance | 4 | | with the requirements of
Article 26 of the School Code, as | 5 | | amended.
| 6 | | (p) Nothing in this Act prohibits a mandated reporter who | 7 | | reasonably believes that an animal is being abused or neglected | 8 | | in violation of the Humane Care for Animals Act from reporting | 9 | | animal abuse or neglect to the Department of Agriculture's | 10 | | Bureau of Animal Health and Welfare. | 11 | | (q) A home rule unit may not regulate the reporting of | 12 | | child abuse or neglect in a manner inconsistent with the | 13 | | provisions of this Section. This Section is a limitation under | 14 | | subsection (i) of Section 6 of Article VII of the Illinois | 15 | | Constitution on the concurrent exercise by home rule units of | 16 | | powers and functions exercised by the State. | 17 | | (r) For purposes of this Section "child abuse or neglect" | 18 | | includes abuse or neglect of an adult resident as defined in | 19 | | this Act. | 20 | | (Source: P.A. 100-513, eff. 1-1-18; 100-1071, eff. 1-1-19; | 21 | | 101-564, eff. 1-1-20 .)
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