(325 ILCS 5/1) (from Ch. 23, par. 2051)
Sec. 1.
This Act shall be known and may be cited as the Abused and Neglected Child Reporting Act.
(Source: P.A. 79-65.)
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(325 ILCS 5/2) (from Ch. 23, par. 2052)
Sec. 2.
(a) The Illinois Department of Children and Family Services
shall, upon receiving reports made under this Act, protect the health,
safety, and best
interests of the child in all situations in which the child is vulnerable to
child abuse or neglect, offer protective services in order to prevent
any further harm to the child and to other children in the same
environment or family, stabilize the home environment,
and preserve family life whenever possible. Recognizing that children also can
be abused and neglected
while living in public or private residential agencies or institutions
meant to serve them, while attending day care centers, schools, or
religious activities, or
when in contact with adults who are responsible for the welfare of the
child at that time,
this Act also provides for the reporting and investigation
of child abuse and neglect in such instances. In performing any of these
duties, the Department may utilize such protective services of voluntary
agencies as are available.
(b) The Department shall be responsible for receiving and investigating reports of adult resident abuse or neglect under the provisions of this Act. (Source: P.A. 96-1446, eff. 8-20-10.)
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(325 ILCS 5/2.1) (from Ch. 23, par. 2052.1)
Sec. 2.1.
Any person or family seeking assistance in meeting child care
responsibilities may use the services and facilities established by this
Act which may assist in meeting such responsibilities. Whether or not the
problem presented constitutes child abuse or neglect, such persons or families
shall be referred to appropriate resources or agencies. No person seeking
assistance under this Section shall be required
to give the person's name or any other identifying information.
(Source: P.A. 103-22, eff. 8-8-23.)
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(325 ILCS 5/3) (from Ch. 23, par. 2053) Sec. 3. As used in this Act unless the context otherwise requires: "Adult resident" means any person between 18 and 22 years of age who resides in any facility licensed by the Department under the Child Care Act of 1969. For purposes of this Act, the criteria set forth in the definitions of "abused child" and "neglected child" shall be used in determining whether an adult resident is abused or neglected. "Agency" means a child care facility licensed under Section 2.05 or Section 2.06 of the Child Care Act of 1969 and includes a transitional living program that accepts children and adult residents for placement who are in the guardianship of the Department. "Blatant disregard" means an incident where the real, significant, and imminent risk of harm would be so obvious to a reasonable parent or caretaker that it is unlikely that a reasonable parent or caretaker would have exposed the child to the danger without exercising precautionary measures to protect the child from harm. With respect to a person working at an agency in the person's professional capacity with a child or adult resident, "blatant disregard" includes a failure by the person to perform job responsibilities intended to protect the child's or adult resident's health, physical well-being, or welfare, and, when viewed in light of the surrounding circumstances, evidence exists that would cause a reasonable person to believe that the child was neglected. With respect to an agency, "blatant disregard" includes a failure to implement practices that ensure the health, physical well-being, or welfare of the children and adult residents residing in the facility. "Child" means any person under the age of 18 years, unless legally
emancipated by reason of marriage or entry into a branch of the United
States armed services. "Department" means Department of Children and Family Services. "Local law enforcement agency" means the police of a city, town,
village or other incorporated area or the sheriff of an unincorporated
area or any sworn officer of the Illinois State Police. "Abused child"
means a child whose parent or immediate family
member,
or any person responsible for the child's welfare, or any individual
residing in the same home as the child, or a paramour of the child's parent: (a) inflicts, causes to be inflicted, or allows to be | ||
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(b) creates a substantial risk of physical injury to | ||
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(c) commits or allows to be committed any sex offense | ||
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(d) commits or allows to be committed an act or acts | ||
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(e) inflicts excessive corporal punishment or, in the | ||
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(f) commits or allows to be committed the offense of | ||
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(g) causes to be sold, transferred, distributed, or | ||
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(h) commits or allows to be committed the offense of | ||
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(i) commits the offense of grooming, as defined in | ||
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A child shall not be considered abused for the sole reason that the child
has been relinquished in accordance with the Abandoned Newborn Infant
Protection Act. "Neglected child" means any child who is not receiving the proper or
necessary nourishment or medically indicated treatment including food or care
not provided solely on the basis of the present or anticipated mental or
physical impairment as determined by a physician acting alone or in
consultation with other physicians or otherwise is not receiving the proper or
necessary support or medical or other remedial care recognized under State law
as necessary for a child's well-being, or other care necessary for the child's
well-being, including adequate food, clothing and shelter; or who is subjected to an environment which is injurious insofar as (i) the child's environment creates a likelihood of harm to the child's health, physical well-being, or welfare and (ii) the likely harm to the child is the result of a blatant disregard of parent, caretaker, person responsible for the child's welfare, or agency responsibilities; or who is abandoned
by the child's parents or other person responsible for the child's welfare
without a proper plan of care; or who has been provided with interim crisis intervention services under
Section 3-5 of
the Juvenile Court Act of 1987 and whose parent, guardian, or custodian refuses to
permit
the child to return home and no other living arrangement agreeable
to the parent, guardian, or custodian can be made, and the parent, guardian, or custodian has not made any other appropriate living arrangement for the child; or who is a newborn infant whose blood, urine,
or meconium
contains any amount of a controlled substance as defined in subsection (f) of
Section 102 of the Illinois Controlled Substances Act or a metabolite thereof,
with the exception of a controlled substance or metabolite thereof whose
presence in the newborn infant is the result of medical treatment administered
to the person who gave birth or the newborn infant. A child shall not be considered neglected
for the sole reason that the child's parent or other person responsible for the child's welfare has left the child in the care of an adult relative for any
period of time. A child shall not be considered neglected for the sole reason
that the child has been relinquished in accordance with the Abandoned Newborn
Infant Protection Act. A child shall not be considered neglected or abused
for the
sole reason that such child's parent or other person responsible for the child's
welfare depends upon spiritual means through prayer alone for the treatment or
cure of disease or remedial care as provided under Section 4 of this Act. A
child shall not be considered neglected or abused solely because the child is
not attending school in accordance with the requirements of Article 26 of The
School Code, as amended. "Child Protective Service Unit" means certain specialized State employees of
the Department assigned by the Director to perform the duties and
responsibilities as provided under Section 7.2 of this Act. "Near fatality" means an act that, as certified by a physician, places the child in serious or critical condition, including acts of great bodily harm inflicted upon children under 13 years of age, and as otherwise defined by Department rule. "Great bodily harm" includes bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ, or other serious bodily harm. "Person responsible for the child's welfare" means the child's parent;
guardian; foster parent; relative caregiver; any person responsible for the
child's welfare in a public or private residential agency or institution; any
person responsible for the child's welfare within a public or private profit or
not for profit child care facility; or any other person responsible for the
child's welfare at the time of the alleged abuse or neglect, including any person who commits or allows to be committed, against the child, the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services, as provided in Section 10-9 of the Criminal Code of 2012, including, but not limited to, the custodian of the minor, or any person who
came to know the child through an official capacity or position of trust,
including, but not limited to, health care professionals, educational personnel,
recreational supervisors, members of the clergy, and volunteers or
support personnel in any setting
where children may be subject to abuse or neglect. "Temporary protective custody" means custody within a hospital or
other medical facility or a place previously designated for such custody
by the Department, subject to review by the Court, including a licensed
foster home, group home, or other institution; but such place shall not
be a jail or other place for the detention of criminal or juvenile offenders. "An unfounded report" means any report made under this Act for which
it is determined after an investigation that no credible evidence of
abuse or neglect exists. "An indicated report" means a report made under this Act if an
investigation determines that credible evidence of the alleged
abuse or neglect exists. "An undetermined report" means any report made under this Act in
which it was not possible to initiate or complete an investigation on
the basis of information provided to the Department. "Subject of report" means any child reported to the central register
of child abuse and neglect established under Section 7.7 of this Act as an alleged victim of child abuse or neglect and
the parent or guardian of the alleged victim or other person responsible for the alleged victim's welfare who is named in the report or added to the report as an alleged perpetrator of child abuse or neglect. "Perpetrator" means a person who, as a result of investigation, has
been determined by the Department to have caused child abuse or neglect. "Member of the clergy" means a clergyperson or practitioner of any religious
denomination accredited by the religious body to which the clergyperson or practitioner belongs.(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21; 102-813, eff. 5-13-22; 103-22, eff. 8-8-23.) |
(325 ILCS 5/4)
Sec. 4. Persons required to report; privileged communications;
transmitting false report. (a) The following persons are required to immediately report to the Department when they have reasonable cause to believe that a child known to them in their professional or official capacities may be an abused child or a neglected child: (1) Medical personnel, including any: physician | ||
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(2) Social services and mental health personnel, | ||
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(3) Crisis intervention personnel, including any: | ||
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(4) Education personnel, including any: school | ||
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(5) Recreation or athletic program or facility | ||
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(6) Child care personnel, including any: early | ||
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(7) Law enforcement personnel, including any: law | ||
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(8) Any funeral home director; funeral home director | ||
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(9)
Any member of the clergy. (10) Any physician, physician assistant, registered | ||
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(b) When 2 or more persons who work within the same workplace and are required to report under this Act share a reasonable cause to believe that a child may be an abused or neglected child, one of those reporters may be designated to make a single report. The report shall include the names and contact information for the other mandated reporters sharing the reasonable cause to believe that a child may be an abused or neglected child. The designated reporter must provide written confirmation of the report to those mandated reporters within 48 hours. If confirmation is not provided, those mandated reporters are individually responsible for immediately ensuring a report is made. Nothing in this Section precludes or may be used to preclude any person from reporting child abuse or child neglect. (c)(1) As used in this Section, "a child known to them in their professional or official capacities" means: (A) the mandated reporter comes into contact with the | ||
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(B) the mandated reporter is affiliated with an | ||
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(C) a person makes a specific disclosure to the | ||
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(2) Nothing in this Section requires a child to come before the mandated reporter in order for the reporter to make a report of suspected child abuse or child neglect.
(d) If an allegation is raised to a school board member during the course of an open or closed school board meeting that a child who is enrolled in the school district of which the person is a board member is an abused child as defined in Section 3 of this Act, the member shall direct or cause the school board to direct the superintendent of the school district or other equivalent school administrator to comply with the requirements of this Act concerning the reporting of child abuse. For purposes of this paragraph, a school board member is granted the authority in that board
member's individual capacity to direct the superintendent of the school district or other equivalent school administrator to comply with the requirements of this Act concerning the reporting of child abuse.
Notwithstanding any other provision of this Act, if an employee of a school district has made a report or caused a report to be made to the Department under this Act involving the conduct of a current or former employee of the school district and a request is made by another school district for the provision of information concerning the job performance or qualifications of the current or former employee because the
current or former employee is an applicant for employment with the requesting school district, the general superintendent of the school district to which the request is being made must disclose to the requesting school district the fact that an employee of the school district has made a report involving the conduct of the applicant or caused a report to be made to the Department, as required under this Act. Only the fact that an employee of the school district has made a report involving the conduct of the applicant or caused a report to be made to the Department may be disclosed by the general superintendent of the school district to which the request for information concerning the applicant is made, and this fact may be disclosed only in cases where the employee and the general superintendent have not been informed by the Department that the allegations were unfounded. An employee of a school district who is or has been the subject of a report made pursuant to this Act during the employee's employment with the school district must be informed by that school district that if the employee applies for employment with another school district, the general superintendent of the former school district, upon the request of the school district to which the employee applies, shall notify that requesting school district that the employee is or was the subject of such a report.
(e) Whenever
such person is required to report under this Act in the person's capacity as a member of
the staff of a medical or other public or private institution, school, facility
or agency, or as a member of the clergy, the person shall
make report immediately to the Department in accordance
with the provisions of this Act and may also notify the person in charge of
such institution, school, facility or agency, or church, synagogue, temple,
mosque, or other religious institution, or
designated agent of the person in charge that such
report has been made. Under no circumstances shall any person in charge of
such institution, school, facility or agency, or church, synagogue, temple,
mosque, or other religious institution, or
designated agent of the person in charge to whom
such notification has been made, exercise any control, restraint, modification
or other change in the report or the forwarding of such report to the
Department.
(f) In addition to the persons required to report suspected cases of child abuse or child neglect under this Section, any other person may make a report if such person has reasonable cause to believe a child may be an abused child or a neglected child. (g) The privileged quality of communication between any professional
person required to report
and the professional
person's patient or client shall not apply to situations involving abused or
neglected children and shall not constitute grounds for failure to report
as required by this Act or constitute grounds for failure to share information or documents with the Department during the course of a child abuse or neglect investigation. If requested by the professional, the Department shall confirm in writing that the information or documents disclosed by the professional were gathered in the course of a child abuse or neglect investigation.
The reporting requirements of this Act shall not apply to the contents of a privileged communication between an attorney and the attorney's client or to confidential information within the meaning of Rule 1.6 of the Illinois Rules of Professional Conduct relating to the legal representation of an individual client. A member of the clergy may claim the privilege under Section 8-803 of the
Code of Civil Procedure.
(h) Any office, clinic, or any other physical location that provides abortions, abortion referrals, or contraceptives shall provide to all office personnel copies of written information and training materials about abuse and neglect and the requirements of this Act that are provided to employees of the office, clinic, or physical location who are required to make reports to the Department under this Act, and instruct such office personnel to bring to the attention of an employee of the office, clinic, or physical location who is required to make reports to the Department under this Act any reasonable suspicion that a child known to office personnel in their professional or official capacity may be an abused child or a neglected child.
(i) Any person who enters into
employment on and after July 1, 1986 and is mandated by virtue of that
employment to report under this Act, shall sign a statement on a form
prescribed by the Department, to the effect that the employee has knowledge
and understanding of the reporting requirements of this Act. On and after January 1, 2019, the statement
shall also include information about available mandated reporter training provided by the Department. The statement
shall be signed prior to commencement of the employment. The signed
statement shall be retained by the employer. The cost of printing,
distribution, and filing of the statement shall be borne by the employer.
(j) Persons required to report child abuse or child neglect as provided under this Section must complete an initial mandated reporter training, including a section on implicit bias, within 3 months of their date of engagement in a professional or official capacity as a mandated reporter, or within the time frame of any other applicable State law that governs training requirements for a specific profession, and at least every 3 years thereafter. The initial requirement only applies to the first time they engage in their professional or official capacity. In lieu of training every 3 years, medical personnel, as listed in paragraph (1) of subsection (a), must meet the requirements described in subsection (k). The mandated reporter trainings shall be in-person or web-based, and shall include, at a minimum, information on the following topics: (i) indicators for recognizing child abuse and child neglect, as defined under this Act; (ii) the process for reporting suspected child abuse and child neglect in Illinois as required by this Act and the required documentation; (iii) responding to a child in a trauma-informed manner; and (iv) understanding the response of child protective services and the role of the reporter after a call has been made. Child-serving organizations are encouraged to provide in-person annual trainings. The implicit bias section shall be in-person or web-based, and shall include, at a minimum, information on the following topics: (i) implicit bias and (ii) racial and ethnic sensitivity. As used in this subsection, "implicit bias" means the attitudes or internalized stereotypes that affect people's perceptions, actions, and decisions in an unconscious manner and that exist and often contribute to unequal treatment of people based on race, ethnicity, gender identity, sexual orientation, age, disability, and other characteristics. The implicit bias section shall provide tools to adjust automatic patterns of thinking and ultimately eliminate discriminatory behaviors. During these trainings mandated reporters shall complete the following: (1) a pretest to assess baseline implicit bias levels; (2) an implicit bias training task; and (3) a posttest to reevaluate bias levels after training. The implicit bias curriculum for mandated reporters shall be developed within one year after January 1, 2022 (the effective date of Public Act 102-604) and shall be created in consultation with organizations demonstrating expertise and or experience in the areas of implicit bias, youth and adolescent developmental issues, prevention of child abuse, exploitation, and neglect, culturally diverse family systems, and the child welfare system. The mandated reporter training, including a section on implicit bias, shall be provided through the Department, through an entity authorized to provide continuing education for professionals licensed through the Department of Financial and Professional Regulation, the State Board of Education, the Illinois Law Enforcement Training Standards Board, or the Illinois State Police, or through an organization approved by the Department to provide mandated reporter training, including a section on implicit bias. The Department must make available a free web-based training for reporters. Each mandated reporter shall report to the mandated
reporter's employer and, when applicable, to the
mandated reporter's licensing or certification board that the mandated reporter received the mandated reporter training. The mandated reporter shall maintain records of completion. Beginning January 1, 2021, if a mandated reporter receives licensure from the Department of Financial and Professional Regulation or the State Board of Education, and the mandated
reporter's profession has continuing education requirements, the training mandated under this Section shall count toward meeting the licensee's required continuing education hours. (k)(1) Medical personnel, as listed in paragraph (1) of subsection (a), who work with children in their professional or official capacity, must complete mandated reporter training at least every 6 years. Such medical personnel, if licensed, must attest at each time of licensure renewal on their renewal form that they understand they are a mandated reporter of child abuse and neglect, that they are aware of the process for making a report, that they know how to respond to a child in a trauma-informed manner, and that they are aware of the role of child protective services and the role of a reporter after a call has been made. (2) In lieu of repeated training, medical personnel, as listed in paragraph (1) of subsection (a), who do not work with children in their professional or official capacity, may instead attest each time at licensure renewal on their renewal form that they understand they are a mandated reporter of child abuse and neglect, that they are aware of the process for making a report, that they know how to respond to a child in a trauma-informed manner, and that they are aware of the role of child protective services and the role of a reporter after a call has been made. Nothing in this paragraph precludes medical personnel from completing mandated reporter training and receiving continuing education credits for that training. (l) The Department shall provide copies of this Act, upon request, to all
employers employing persons who shall be required under the provisions of
this Section to report under this Act.
(m) Any person who knowingly transmits a false report to the Department
commits the offense of disorderly conduct under subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. A violation of this provision is a Class 4 felony.
Any person who knowingly and willfully violates any provision of this
Section other than a second or subsequent violation of transmitting a
false report as described in the
preceding paragraph, is guilty of a
Class A misdemeanor for
a first violation and a Class
4 felony for a
second or subsequent violation; except that if the person acted as part
of a plan or scheme having as its object the
prevention of discovery of an abused or neglected child by lawful authorities
for the
purpose of protecting or insulating any person or entity from arrest or
prosecution, the
person is guilty of a Class 4 felony for a first offense and a Class 3 felony
for a second or
subsequent offense (regardless of whether the second or subsequent offense
involves any
of the same facts or persons as the first or other prior offense).
(n) A child whose parent, guardian or custodian in good faith selects and depends
upon spiritual means through prayer alone for the treatment or cure of
disease or remedial care may be considered neglected or abused, but not for
the sole reason that the child's parent, guardian or custodian accepts and
practices such beliefs.
(o) A child shall not be considered neglected or abused solely because the
child is not attending school in accordance with the requirements of
Article 26 of the School Code, as amended.
(p) Nothing in this Act prohibits a mandated reporter who reasonably believes that an animal is being abused or neglected in violation of the Humane Care for Animals Act from reporting animal abuse or neglect to the Department of Agriculture's Bureau of Animal Health and Welfare. (q) A home rule unit may not regulate the reporting of child abuse or neglect in a manner inconsistent with the provisions of this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. (r) For purposes of this Section "child abuse or neglect" includes abuse or neglect of an adult resident as defined in this Act. (Source: P.A. 102-604, eff. 1-1-22; 102-861, eff. 1-1-23; 102-953, eff. 5-27-22; 103-22, eff. 8-8-23; 103-154, eff. 6-30-23.)
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(325 ILCS 5/4.02) (from Ch. 23, par. 2054.02)
Sec. 4.02.
Any physician who willfully fails to report suspected child
abuse or neglect as required by this Act shall be referred to the Illinois
State Medical Disciplinary Board for action in accordance with paragraph 22
of Section 22 of the Medical Practice Act of 1987.
Any dentist or dental hygienist who willfully fails to report suspected child
abuse or neglect as
required by
this Act shall be referred to the Department of Professional Regulation for
action in
accordance with paragraph 19 of Section 23 of the Illinois Dental Practice
Act.
Any other person
required by this Act to report suspected child abuse and neglect who
willfully fails to report such is guilty of a Class A
misdemeanor for a first violation and a Class 4 felony for a second or
subsequent violation.
(Source: P.A. 91-197, eff. 1-1-00; 92-801, eff. 8-16-02.)
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(325 ILCS 5/4.1) (from Ch. 23, par. 2054.1)
Sec. 4.1.
Any person required to report under this Act who has reasonable
cause to suspect that a child has died as a result of abuse or neglect
shall also immediately report the person's suspicion to the appropriate medical
examiner or coroner. Any other person who has reasonable cause to believe
that a child has died as a result of abuse or neglect may report the person's
suspicion to the appropriate medical examiner or coroner. The medical
examiner or coroner shall investigate the report and communicate the medical examiner's or coroner's
apparent gross findings, orally, immediately upon completion of the gross
autopsy, but in all cases within 72 hours and within
21 days in writing, to the local law enforcement agency, the appropriate
State's attorney, the Department and, if the institution making the report
is a hospital, the hospital. The child protective investigator assigned
to the death investigation shall have the right to require a copy of the
completed autopsy report from the coroner or medical examiner.
(Source: P.A. 103-22, eff. 8-8-23.)
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(325 ILCS 5/4.2)
Sec. 4.2. Departmental report on death or serious life-threatening injury of child.
(a) In the case of the death or serious life-threatening injury of a child whose care and custody or custody
and guardianship has been transferred to the Department, or in the case
of a child abuse or neglect report made to the central register involving the
death of a child, the
Department shall (i) investigate or provide for an investigation of the cause
of and circumstances surrounding the death or serious life-threatening injury, (ii) review the investigation,
and (iii) prepare and issue a report on the death or serious life-threatening injury.
(b) The report shall include (i) the cause of death or serious life-threatening injury, whether from natural
or other causes, (ii) any
extraordinary or pertinent information concerning the circumstances of the
child's death or serious life-threatening injury, (iii) identification of child protective or other social services provided or actions taken regarding the child or the child's family at the time of the death or serious life-threatening injury or within the preceding 5 years, (iv) any action or further investigation undertaken by the
Department since the death or serious life-threatening injury of the
child, (v) as appropriate, recommendations for State
administrative or policy changes, (vi) whether the alleged perpetrator of the abuse or neglect has been charged with committing a crime related to the report and allegation of abuse or neglect, and (vii) a copy of any documents, files, records, books, and papers created or used in connection with the Department's investigation of the death or serious life-threatening injury of the child. In any case involving the death or near death of a child, when a person responsible for the child has been charged with committing a crime that results in the child's death or near death, there shall be a presumption that the best interest of the public will be served by public disclosure of certain information concerning the circumstances of the investigations of the death or near death of the child and any other investigations concerning that child or other children living in the same household.
If the Department receives from the public a request for information relating to a case of child abuse or neglect involving the death or serious life-threatening injury of a child, the Director shall consult with the State's Attorney in the county of venue and release the report related to the case, except for the following, which may be redacted from the information disclosed to the public: any mental health or psychological information that is confidential as otherwise provided in State law; privileged communications of an attorney; the identity of the individual or individuals, if known, who made the report; information that may cause mental or physical harm to a sibling or another child living in the household; information that may undermine an ongoing criminal investigation; and any information prohibited from disclosure by federal law or regulation. Any information provided by an adult subject of a report that is released about the case in a public forum shall be subject to disclosure upon a public information request. Information about the case shall also be subject to disclosure upon consent of an adult subject. Information about the case shall also be subject to disclosure if it has been publicly disclosed in a report by a law enforcement agency or official, a State's Attorney, a judge, or any other State or local investigative agency or official. Except as it may apply directly to the cause of the death or serious life-threatening injury of the
child, nothing
in this Section shall be deemed to authorize the release or disclosure to the
public of
the substance or content of any psychological, psychiatric, therapeutic,
clinical, or medical reports, evaluation, or like materials or information
pertaining to the child or the child's family.
(c) No later than 6 months after the date of the death or serious life-threatening injury of the child, the
Department shall notify the President of the Senate, the Minority Leader of
the Senate, the
Speaker of the House of Representatives, the Minority Leader of the House of
Representatives, and the members of the Senate and the House of Representatives
in whose district the child's death or serious life-threatening injury occurred upon the completion of each report
and
shall submit an annual cumulative report to the Governor and the General
Assembly incorporating cumulative data about the above reports and including appropriate
findings
and recommendations. The reports required by this subsection (c) shall be made available to the public
after completion or submittal.
(d) To enable the Department to prepare the report, the Department may
request and shall timely receive from departments, boards, bureaus, or other
agencies of the State, or any of its political subdivisions, or any duly
authorized agency, or any other agency which provided assistance, care, or
services to the deceased or injured child any information they are authorized to
provide.
(Source: P.A. 103-22, eff. 8-8-23.)
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(325 ILCS 5/4.3)
Sec. 4.3. DCFS duty to report. The Department shall report the
disappearance of any child under its custody or guardianship to the local law
enforcement agency working in cooperation with the State Missing Persons Clearinghouse.
(Source: P.A. 97-938, eff. 1-1-13.)
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(325 ILCS 5/4.4) Sec. 4.4. (Repealed).(Source: P.A. 103-22, eff. 8-8-23. Repealed by P.A. 103-941, eff. 8-9-24.) |
(325 ILCS 5/4.4a) Sec. 4.4a. Department of Children and Family Services duty to report to Department of Human Services' Office of Inspector General. Whenever the Department receives, by means of its statewide toll-free telephone number established under Section 7.6 for the purpose of reporting suspected child abuse or neglect or by any other means or from any mandated reporter under Section 4 of this Act, a report of suspected abuse, neglect, or financial exploitation of an adult with a disability between the ages of 18 and 59 and who is not residing in a DCFS licensed facility, the Department shall instruct the reporter to contact the Department of Human Services' Office of the Inspector General and shall provide the reporter with the statewide, 24-hour toll-free telephone number established and maintained by the Department of Human Services' Office of the Inspector General.
(Source: P.A. 99-143, eff. 7-27-15.) |
(325 ILCS 5/4.4b) Sec. 4.4b. Department of Children and Family Services' duty to report to a Department of Defense Family Advocacy Program. Whenever the Department receives, by means of its statewide toll-free telephone number established under Section 7.6 for the purpose of reporting suspected child abuse or neglect or by any other means or from any mandated reporter under Section 4 of this Act, a report of suspected abuse or neglect of a child and the child's parent or guardian is named in the report as the alleged perpetrator of the child abuse or neglect, the Department shall make efforts as soon as practicable to determine the military status of the parent or guardian. If the Department determines that the parent or guardian is a service member, the Department shall notify the geographically closest Department of Defense Family Advocacy Program within the State that there is an allegation of abuse or neglect against the parent or guardian that is open for investigation. If the Department determines that a person or guardian is a member of the Illinois National Guard, the Department shall also notify the Office of the Adjutant General that there is an allegation of abuse or neglect against the parent or guardian that is open for investigation. As used in this Section, "service member" means an Illinois resident who is a member of any component of the United States Armed Forces, including the Illinois National Guard or any reserve component of the United States Armed Forces.
(Source: P.A. 99-638, eff. 1-1-17.) |
(325 ILCS 5/4.4c) Sec. 4.4c. Duty to notify the Directors of Public Health and Healthcare and Family Services. Whenever the Department receives, by means of its statewide toll-free telephone number established under Section 7.6 for the purpose of reporting suspected child abuse or neglect or by any other means or from any mandated reporter under Section 4, a report of suspected abuse or neglect of a child and the child is alleged to have been abused or neglected while receiving care in a hospital, including a freestanding psychiatric hospital licensed by the Department of Public Health, the Department shall notify the Director of Public Health and the Director of Healthcare and Family Services of the report.
(Source: P.A. 101-43, eff. 1-1-20.) |
(325 ILCS 5/4.5) Sec. 4.5. Electronic and information technology workers; reporting child pornography. (a) In this Section: "Child pornography" means child pornography as described in Section 11-20.1 of the Criminal Code of 2012. "Electronic and information technology equipment" means equipment used in the creation, manipulation, storage, display, or transmission of data, including internet and intranet systems, software applications, operating systems, video and multimedia, telecommunications products, kiosks, information transaction machines, copiers, printers, and desktop and portable computers. "Electronic and information technology equipment worker" means a person who in the scope and course of the person's employment or business installs, repairs, or otherwise services electronic and information technology equipment for a fee but does not include (i) an employee, independent contractor, or other agent of a telecommunications carrier or telephone or telecommunications cooperative, as those terms are defined in the Public Utilities Act, or (ii) an employee, independent contractor, or other agent of a provider of commercial mobile radio service, as defined in 47 CFR 20.3. (b) If an electronic and information technology equipment worker discovers any depiction of child pornography while installing, repairing, or otherwise servicing an item of electronic and information technology equipment, that worker or the worker's employer shall immediately report the discovery to the local law enforcement agency or to the Cyber Tipline at the National Center for Missing and Exploited Children. (c) If a report is filed in accordance with the requirements of 42 U.S.C. 13032, the requirements of this Section 4.5 will be deemed to have been met. (d) An electronic and information technology equipment worker or electronic and information technology equipment worker's employer who reports a discovery of child pornography as required under this Section is immune from any criminal, civil, or administrative liability in connection with making the report, except for willful or wanton misconduct. (e) Failure to report a discovery of child pornography as required under this Section is a business offense subject to a fine of $1,001. (Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) |
(325 ILCS 5/5) (from Ch. 23, par. 2055) Sec. 5. An officer of a local law enforcement agency, designated employee of the Department, or a physician treating a child may take or retain temporary protective custody of the child without the consent of the person responsible for the child's welfare, if (1) the officer of a local law enforcement agency, designated employee of the Department, or a physician treating a child has reason to believe that the child cannot be cared for at home or in the custody of the person responsible for the child's welfare without endangering the child's health or safety; and (2) there is not time to apply for a court order under the Juvenile Court Act of 1987 for temporary custody of the child. The person taking or retaining a child in temporary protective custody shall immediately make every reasonable effort to notify the person responsible for the child's welfare and shall immediately notify the Department. The Department shall provide to the temporary caretaker of a child any information in the Department's possession concerning the positive results of a test performed on the child to determine the presence of the antibody or antigen to Human Immunodeficiency Virus (HIV), or of HIV infection, as well as any communicable diseases or communicable infections that the child has. The temporary caretaker of a child shall not disclose to another person any information received by the temporary caretaker from the Department concerning the results of a test performed on the child to determine the presence of the antibody or antigen to HIV, or of HIV infection, except pursuant to Section 9 of the AIDS Confidentiality Act, as now or hereafter amended. The Department shall promptly initiate proceedings under the Juvenile Court Act of 1987 for the continued temporary custody of the child. Where the physician keeping a child in the physician's custody does so in the physician's capacity as a member of the staff of a hospital or similar institution, the physician shall notify the person in charge of the institution or the designated agent of the person in charge, who shall then become responsible for the further care of such child in the hospital or similar institution under the direction of the Department. Said care includes, but is not limited to the granting of permission to perform emergency medical treatment to a minor where the treatment itself does not involve a substantial risk of harm to the minor and the failure to render such treatment will likely result in death or permanent harm to the minor, and there is not time to apply for a court order under the Juvenile Court Act of 1987. Any person authorized and acting in good faith in the removal of a child under this Section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of such removal. Any physician authorized and acting in good faith and in accordance with acceptable medical practice in the treatment of a child under this Section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of granting permission for emergency treatment. With respect to any child taken into temporary protective custody pursuant to this Section, the Department of Children and Family Services Guardianship Administrator or the Guardianship Administrator's designee shall be deemed the child's legally authorized representative for purposes of consenting to an HIV test if deemed necessary and appropriate by the Department's Guardianship Administrator or the Guardianship Administrator's designee and obtaining and disclosing information concerning such test pursuant to the AIDS Confidentiality Act if deemed necessary and appropriate by the Department's Guardianship Administrator or the Guardianship Administrator's designee and for purposes of consenting to the release of information pursuant to the Illinois Sexually Transmitted Infection Control Act if deemed necessary and appropriate by the Department's Guardianship Administrator or designee. Any person who administers an HIV test upon the consent of the Department of Children and Family Services Guardianship Administrator or the Guardianship Administrator's designee, or who discloses the results of such tests to the Department's Guardianship Administrator or the Guardianship Administrator's designee, shall have immunity from any liability, civil, criminal or otherwise, that might result by reason of such actions. For the purpose of any proceedings, civil or criminal, the good faith of any persons required to administer or disclose the results of tests, or permitted to take such actions, shall be presumed.(Source: P.A. 103-22, eff. 8-8-23; 103-1049, eff. 8-9-24.) |
(325 ILCS 5/6) (from Ch. 23, par. 2056)
Sec. 6.
Any person required to investigate cases of suspected child
abuse or neglect may take or cause to be taken, at Department expense,
color photographs and x-rays of the child who is the subject of a report,
and color photographs of the physical environment in which the alleged
abuse or neglect has taken place. The person seeking to take such
photographs or x-rays shall make every reasonable effort to notify the
person responsible for the child's welfare.
(Source: P.A. 84-611.)
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(325 ILCS 5/7) (from Ch. 23, par. 2057) (Text of Section before amendment by P.A. 103-624)
Sec. 7. Time and manner of making reports. All reports of suspected
child abuse or neglect made
under this Act shall be made immediately by telephone to the central register
established under Section 7.7 on the single, State-wide, toll-free telephone
number established in Section 7.6, or in person or by telephone through
the nearest Department office. The Department shall, in cooperation with
school officials, distribute
appropriate materials in school buildings
listing the toll-free telephone number established in Section 7.6,
including methods of making a report under this Act.
The Department may, in cooperation with appropriate members of the clergy,
distribute appropriate materials in churches, synagogues, temples, mosques, or
other religious buildings listing the toll-free telephone number
established in Section 7.6, including methods of making a report under this
Act.
Wherever the Statewide number is posted, there shall also be posted the
following notice:
"Any person who knowingly transmits a false report to the Department
commits the offense of disorderly conduct under subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. A violation of this subsection is a Class 4 felony."
The report required by this Act shall include, if known, the name
and address of the child and the child's parents or other persons having the child's
custody; the child's age; the nature of the child's condition, including any
evidence of previous injuries or disabilities; and any other information
that the person filing the report believes might be helpful in
establishing the cause of such abuse or neglect and the identity of the
person believed to have caused such abuse or neglect. Reports made to the
central register through the State-wide, toll-free telephone number shall
be immediately transmitted by the Department to the appropriate Child Protective Service
Unit. All such reports alleging the death of a child,
serious injury to a child, including, but not limited to, brain damage,
skull fractures, subdural hematomas, and internal injuries, torture of a
child, malnutrition of a child, and sexual abuse to a child, including, but
not limited to, sexual intercourse, sexual exploitation, sexual
molestation, and sexually transmitted disease in a child age
12 and under, shall also be immediately transmitted by the Department to the appropriate local law enforcement agency. The Department shall within 24 hours orally notify local law
enforcement personnel and the office of the State's Attorney of the
involved county of the receipt of any report alleging the death of a child,
serious injury to a child, including, but not limited to, brain damage,
skull fractures, subdural hematomas, and internal injuries, torture of a
child, malnutrition of a child, and sexual abuse to a child, including, but
not limited to, sexual intercourse, sexual exploitation, sexual
molestation, and sexually transmitted disease in a child age 12
and under. All
oral reports made by the Department to local law enforcement personnel and
the office of the State's Attorney of the involved county shall be
confirmed in writing within 24
hours of the oral report. All reports by
persons mandated to report under this Act shall be confirmed in writing to
the appropriate Child Protective Service Unit, which may be on forms
supplied by the Department, within 48 hours of any initial report.
Any report received by the Department alleging the abuse or neglect of a child by a person who is not the child's parent, a member of the child's immediate family, a person responsible for the child's welfare, an individual residing in the same home as the child, or a paramour of the child's parent shall immediately be referred to the appropriate local law enforcement agency for consideration of criminal investigation or other action. Written confirmation reports from persons not required to report by this
Act may be made to the appropriate Child Protective Service Unit. Written
reports from persons required by this Act to report shall be admissible
in evidence in any judicial proceeding or administrative hearing relating to child abuse or neglect.
Reports involving known or suspected child abuse or neglect in public or
private residential agencies or institutions shall be made and received
in the same manner as all other reports made under this Act.
For purposes of this Section, "child" includes an adult resident as defined in this Act. (Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23.)
(Text of Section after amendment by P.A. 103-624) Sec. 7. Time and manner of making reports. All reports of suspected child abuse or neglect made under this Act shall be made immediately by telephone to the central register established under Section 7.7 on the single, State-wide, toll-free telephone number established in Section 7.6, or in person or by telephone through the nearest Department office. The Department shall, in cooperation with school officials, distribute appropriate materials in school buildings listing the toll-free telephone number established in Section 7.6, including methods of making a report under this Act. The Department may, in cooperation with appropriate members of the clergy, distribute appropriate materials in churches, synagogues, temples, mosques, or other religious buildings listing the toll-free telephone number established in Section 7.6, including methods of making a report under this Act. Wherever the Statewide number is posted, there shall also be posted the following notice: "Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection (a)(7) of Section 26-1 of the Criminal Code of 2012. A violation of this subsection is a Class 4 felony." The report required by this Act shall include, if known, the name and address of the child and the child's parents or other persons having the child's custody; the child's age; the nature of the child's condition, including any evidence of previous injuries or disabilities; and any other information that the person filing the report believes might be helpful in establishing the cause of such abuse or neglect and the identity of the person believed to have caused such abuse or neglect. Reports made to the central register through the State-wide, toll-free telephone number shall be immediately transmitted by the Department to the appropriate Child Protective Service Unit. All such reports alleging the death of a child, serious injury to a child, including, but not limited to, brain damage, skull fractures, subdural hematomas, and internal injuries, torture of a child, malnutrition of a child, and sexual abuse to a child, including, but not limited to, sexual intercourse, sexual exploitation, sexual molestation, and sexually transmitted disease in a child age 12 and under, shall also be immediately transmitted by the Department to the appropriate local law enforcement agency. The Department shall within 24 hours orally notify local law enforcement personnel and the office of the State's Attorney of the involved county of the receipt of any report alleging the death of a child, serious injury to a child, including, but not limited to, brain damage, skull fractures, subdural hematomas, and internal injuries, torture of a child, malnutrition of a child, and sexual abuse to a child, including, but not limited to, sexual intercourse, sexual exploitation, sexual molestation, and sexually transmitted disease in a child age 12 and under. All oral reports made by the Department to local law enforcement personnel and the office of the State's Attorney of the involved county shall be confirmed in writing within 24 hours of the oral report. Any report received by the Department alleging the abuse or neglect of a child by a person who is not the child's parent, a member of the child's immediate family, a person responsible for the child's welfare, an individual residing in the same home as the child, or a paramour of the child's parent shall immediately be referred to the appropriate local law enforcement agency for consideration of criminal investigation or other action. Written confirmation reports from persons not required to report by this Act may be made to the appropriate Child Protective Service Unit. Written reports from persons required by this Act to report shall be admissible in evidence in any judicial proceeding or administrative hearing relating to child abuse or neglect. Reports involving known or suspected child abuse or neglect in public or private residential agencies or institutions shall be made and received in the same manner as all other reports made under this Act. For purposes of this Section, "child" includes an adult resident as defined in this Act. (Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23; 103-624, eff. 1-1-25.) |
(325 ILCS 5/7.01) Sec. 7.01. Reports made by mandated reporters that require a child welfare services referral. (a) When a report is made by a mandated reporter to the statewide toll-free telephone number established under Section 7.6 of this Act and there is a prior indicated report of abuse or neglect, or there is a prior open service case involving any member of the household, the Department must, at a minimum, accept the report as a child welfare services referral. If the family refuses to cooperate or refuses access to the home or children, then a child protective services investigation shall be initiated if the facts otherwise meet the criteria to accept a report. As used in this Section, "child welfare services referral" means an assessment of the family for service needs and linkage to available local community resources for the purpose of preventing or remedying or assisting in the solution of problems which may result in the neglect, abuse, exploitation, or delinquency of children, and as further defined in Department rules and procedures. As used in this Section, "prior open service case" means a case in which the Department has provided services to the family either directly or through a purchase of service agency. (b) One year after the effective date of this amendatory Act of the 101st General Assembly, the Auditor General shall commence a performance audit of the Department of Children and Family Services to determine whether the Department is meeting the requirements of this Section. Within 2 years after the audit's release, the Auditor General shall commence a follow-up performance audit to determine whether the Department has implemented the recommendations contained in the initial performance audit. Upon completion of each audit, the Auditor General shall report its findings to the General Assembly. The Auditor General's reports shall include any issues or deficiencies and recommendations. The audits required by this Section shall be in accordance with and subject to the Illinois State Auditing Act.
(Source: P.A. 103-460, eff. 1-1-24.) |
(325 ILCS 5/7.1) (from Ch. 23, par. 2057.1)
Sec. 7.1.
(a) To the fullest extent feasible, the Department shall cooperate
with and shall seek the cooperation and involvement of all appropriate public
and private agencies, including health, education, social service and law
enforcement agencies, religious institutions,
courts of competent jurisdiction, and agencies,
organizations, or programs providing or concerned with human services related
to the prevention, identification or treatment of child abuse or neglect.
Such cooperation and involvement shall include joint consultation and
services, joint planning, joint case management, joint public education and
information services, joint utilization of facilities, joint staff
development and other training, and the creation of multidisciplinary case
diagnostic, case handling, case management, and policy planning teams.
Such cooperation and involvement shall also include consultation and planning
with the Illinois Department of Human Services regarding
referrals to designated
perinatal centers of newborn children requiring protective custody under
this Act, whose life or development may be threatened by a developmental
disability or disabling condition.
For implementing such intergovernmental cooperation and involvement,
units of local government and public and private agencies may apply for and
receive federal or State funds from the Department under this Act or seek
and receive gifts from local philanthropic or other private local sources
in order to augment any State funds appropriated for the purposes of this Act.
(b) The Department may establish up to 5 demonstrations of
multidisciplinary teams to advise, review and monitor cases of child abuse
and neglect brought
by the Department or any member of the team. The Director shall determine
the criteria by which certain cases of child abuse or neglect are brought
to the multidisciplinary teams. The criteria shall include but not be limited
to geographic area and classification of certain cases where allegations
are of a severe nature. Each multidisciplinary team shall consist of 7
to 10 members appointed by the Director, including, but not limited to
representatives from the medical, mental health, educational, juvenile
justice, law enforcement and social service fields.
(Source: P.A. 99-143, eff. 7-27-15.)
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(325 ILCS 5/7.2) (from Ch. 23, par. 2057.2)
Sec. 7.2.
The Department shall establish a Child Protective Service Unit
within each geographic region as designated by the Director of the Department.
The Child Protective Service Unit shall perform those functions assigned
by this Act to it and only such others that would further the purposes of
this Act. It shall have a sufficient staff of qualified personnel to
fulfill the purpose of this Act and be organized in such a way as to maximize
the continuity of responsibility, care and service of the individual
workers toward the individual children and families.
The Child Protective Service Unit shall designate members of each unit
to receive specialty training to serve as special consultants to unit staff
and the public in the areas of child sexual abuse, child deaths and
injuries, and out-of-home investigations.
If a child protective investigator of a Child Protective Service Unit is unable to obtain assistance from other unit members when responding to a high-risk report of child abuse or neglect and the child protective investigator has a reasonable belief or suspicion that a subject named in the report has the potential for violence, the child protective investigator may request assistance from local law enforcement officers to be provided at a mutually available time. Law enforcement officers shall, upon request, make all reasonable efforts to assist the child protective investigator in receiving law enforcement assistance from any other police jurisdiction that is outside the accompanying officers' primary jurisdiction. (Source: P.A. 100-625, eff. 7-20-18.)
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(325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
Sec. 7.3. (a) The Department shall be the sole agency responsible for receiving
and investigating reports of child abuse or neglect made under this Act,
including reports of adult resident abuse or neglect as defined in this Act, except where investigations by other agencies may be required with
respect to reports alleging the abuse or neglect of a child by a person who is not the child's parent, a member of the child's immediate family, a person responsible for the child's welfare, an individual residing in the same home as the child, or a paramour of the child's parent, the death of a child, serious injury to a child
or sexual abuse to a child made pursuant to Sections 4.1 or 7 of this Act,
and except that the Department may delegate the performance of the
investigation to the Illinois State Police, a law enforcement agency
and to those private social service agencies which have been designated for
this purpose by the Department prior to July 1, 1980.
(b) Notwithstanding any other provision of this Act, the Department shall adopt rules expressly allowing law enforcement personnel to investigate reports of suspected child abuse or neglect concurrently with the Department, without regard to whether the Department determines a report to be "indicated" or "unfounded" or deems a report to be "undetermined".
(c) By June 1, 2016, the Department shall adopt rules that address and set forth criteria and standards relevant to investigations of reports of abuse or neglect committed by any agency, as defined in Section 3 of this Act, or person working for an agency responsible for the welfare of a child or adult resident. (Source: P.A. 101-583, eff. 1-1-20; 102-538, eff. 8-20-21.)
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(325 ILCS 5/7.3a) (from Ch. 23, par. 2057.3a)
Sec. 7.3a.
The Director of the Department shall appoint a Perinatal
Coordinator who shall be a physician licensed to practice medicine in all
its branches with a specialty certification in pediatric care.
Such coordinator, or other designated medical
specialists, shall review all reports of suspected medical neglect involving
newborns or infants, coordinate the evaluation of the subject of such report,
and assist in necessary referrals to appropriate perinatal medical care
and treatment. When the Perinatal Coordinator or other designated medical
specialists, alone or in consultation with an infant care review committee
established by a medical facility, determine that a newborn or infant child
is being neglected as defined in Section 3 of this Act, a designated employee
of the Department shall take the steps necessary to protect such newborn
or infant child's life or health, including but not limited to taking temporary
protective custody.
(Source: P.A. 83-1248.)
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(325 ILCS 5/7.3b) (from Ch. 23, par. 2057.3b)
Sec. 7.3b.
All persons required to report under Section 4 may refer
to the Department of Human Services any pregnant person
in this State who has a substance use
disorder as defined in the Substance Use Disorder Act. The Department of Human Services shall notify the
local Infant
Mortality Reduction Network service provider or Department funded prenatal
care provider in the area in which the person resides. The service
provider shall prepare a case management plan and assist the pregnant person
in obtaining counseling and treatment from a local substance use disorder treatment program licensed by the Department of Human Services or a
licensed hospital which provides substance abuse treatment services. The
local Infant Mortality Reduction Network service provider and Department
funded prenatal care provider shall monitor the pregnant person through the
service program. The Department of Human Services shall have the authority
to promulgate rules and regulations to implement this Section.
(Source: P.A. 103-22, eff. 8-8-23.)
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(325 ILCS 5/7.3c)
Sec. 7.3c. Substance abuse services for parents with children.
The Department of Human Services and the Department of Children and Family
Services shall
develop a community based system of integrated child welfare and substance
abuse services for the purpose of
providing safety and protection for children, improving adult health and
parenting outcomes, and improving family outcomes.
The Department of Children and Family Services, in cooperation
with the Department of Human Services, shall develop case
management protocols for DCFS clients with substance abuse problems. The
Departments may establish pilot programs designed to test the most effective
approaches to case management. The Departments shall evaluate the
effectiveness of these pilot programs and report to the
Governor and the General Assembly on an annual basis.
(Source: P.A. 103-22, eff. 8-8-23.)
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(325 ILCS 5/7.4) Sec. 7.4. (a) The Department shall be capable of receiving reports of suspected child abuse or neglect 24 hours a day, 7 days a week. Whenever the Department receives a report alleging that a child is a truant as defined in Section 26-2a of the School Code, as now or hereafter amended, the Department shall notify the superintendent of the school district in which the child resides and the appropriate superintendent of the educational service region. The notification to the appropriate officials by the Department shall not be considered an allegation of abuse or neglect under this Act. (a-5) The Department of Children and Family Services may implement a "differential response program" in accordance with criteria, standards, and procedures prescribed by rule. The program may provide that, upon receiving a report, the Department shall determine whether to conduct a family assessment or an investigation as appropriate to prevent or provide a remedy for child abuse or neglect. For purposes of this subsection (a-5), "family assessment" means a comprehensive assessment of child safety, risk of subsequent child maltreatment, and family strengths and needs that is applied to a child maltreatment report that does not allege substantial child endangerment. "Family assessment" does not include a determination as to whether child maltreatment occurred but does determine the need for services to address the safety of family members and the risk of subsequent maltreatment. For purposes of this subsection (a-5), "investigation" means fact-gathering related to the current safety of a child and the risk of subsequent abuse or neglect that determines whether a report of suspected child abuse or neglect should be indicated or unfounded and whether child protective services are needed. Under the "differential response program" implemented under this subsection (a-5), the Department: (1) Shall conduct an investigation on reports | ||
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(2) Shall begin an immediate investigation if, at any | ||
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(3) May conduct a family assessment for reports that | ||
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(4) Shall promulgate criteria, standards, and | ||
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(5) May conduct a family assessment on a report that | ||
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In determining that a complete investigation is not required, the Department must document the reason for terminating the investigation and notify the local law enforcement agency or the Illinois State Police if the local law enforcement agency or Illinois State Police is conducting a joint investigation. Once it is determined that a "family assessment" will be implemented, the case shall not be reported to the central register of abuse and neglect reports. During a family assessment, the Department shall collect any available and relevant information to determine child safety, risk of subsequent abuse or neglect, and family strengths. Information collected includes, but is not limited to, when relevant: information with regard to the person reporting the alleged abuse or neglect, including the nature of the reporter's relationship to the child and to the alleged offender, and the basis of the reporter's knowledge for the report; the child allegedly being abused or neglected; the alleged offender; the child's caretaker; and other collateral sources having relevant information related to the alleged abuse or neglect. Information relevant to the assessment must be asked for, and may include: (A) The child's sex and age, prior reports of abuse | ||
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(B) The alleged offender's age, a record check for | ||
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(C) Collateral source information regarding the | ||
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(D) Information on the existence of domestic abuse | ||
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Nothing in this subsection (a-5) precludes the Department from collecting other relevant information necessary to conduct the assessment or investigation. Nothing in this subsection (a-5) shall be construed to allow the name or identity of a reporter to be disclosed in violation of the protections afforded under Section 7.19 of this Act. After conducting the family assessment, the Department shall determine whether services are needed to address the safety of the child and other family members and the risk of subsequent abuse or neglect. Upon completion of the family assessment, if the Department concludes that no services shall be offered, then the case shall be closed. If the Department concludes that services shall be offered, the Department shall develop a family preservation plan and offer or refer services to the family. At any time during a family assessment, if the Department believes there is any reason to stop the assessment and conduct an investigation based on the information discovered, the Department shall do so. The procedures available to the Department in conducting investigations under this Act shall be followed as appropriate during a family assessment. If the Department implements a differential response program authorized under this subsection (a-5), the Department shall arrange for an independent evaluation of the program for at least the first 3 years of implementation to determine whether it is meeting the goals in accordance with Section 2 of this Act. The Department may adopt administrative rules necessary for the execution of this Section, in accordance with Section 4 of the Children and Family Services Act. The Department shall submit a report to the General Assembly by January 15, 2018 on the implementation progress and recommendations for additional needed legislative changes. (b)(1) The following procedures shall be followed in the investigation of all reports of suspected abuse or neglect of a child, except as provided in subsection (c) of this Section. (2) If, during a family assessment authorized by subsection (a-5) or an investigation, it appears that the immediate safety or well-being of a child is endangered, that the family may flee or the child disappear, or that the facts otherwise so warrant, the Child Protective Service Unit shall commence an investigation immediately, regardless of the time of day or night. All other investigations shall be commenced within 24 hours of receipt of the report. Upon receipt of a report, the Child Protective Service Unit shall conduct a family assessment authorized by subsection (a-5) or begin an initial investigation and make an initial determination whether the report is a good faith indication of alleged child abuse or neglect. (3) Based on an initial investigation, if the Unit determines the report is a good faith indication of alleged child abuse or neglect, then a formal investigation shall commence and, pursuant to Section 7.12 of this Act, may or may not result in an indicated report. The formal investigation shall include: direct contact with the subject or subjects of the report as soon as possible after the report is received; an evaluation of the environment of the child named in the report and any other children in the same environment; a determination of the risk to such children if they continue to remain in the existing environments, as well as a determination of the nature, extent and cause of any condition enumerated in such report; the name, age and condition of other children in the environment; and an evaluation as to whether there would be an immediate and urgent necessity to remove the child from the environment if appropriate family preservation services were provided. After seeing to the safety of the child or children, the Department shall forthwith notify the subjects of the report in writing, of the existence of the report and their rights existing under this Act in regard to amendment or expungement. To fulfill the requirements of this Section, the Child Protective Service Unit shall have the capability of providing or arranging for comprehensive emergency services to children and families at all times of the day or night. (4) If (i) at the conclusion of the Unit's initial investigation of a report, the Unit determines the report to be a good faith indication of alleged child abuse or neglect that warrants a formal investigation by the Unit, the Department, any law enforcement agency or any other responsible agency and (ii) the person who is alleged to have caused the abuse or neglect is employed or otherwise engaged in an activity resulting in frequent contact with children and the alleged abuse or neglect are in the course of such employment or activity, then the Department shall, except in investigations where the Director determines that such notification would be detrimental to the Department's investigation, inform the appropriate supervisor or administrator of that employment or activity that the Unit has commenced a formal investigation pursuant to this Act, which may or may not result in an indicated report. The Department shall also notify the person being investigated, unless the Director determines that such notification would be detrimental to the Department's investigation. (c) In an investigation of a report of suspected abuse or neglect of a child by a school employee at a school or on school grounds, the Department shall make reasonable efforts to follow the following procedures: (1) Investigations involving teachers shall not, to | ||
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(2) If a report of neglect or abuse of a child by a | ||
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If the Unit determines that the report is a good | ||
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(3) If a report of neglect or abuse of a child by a | ||
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(c-5) In any instance in which a report is made or caused to made by a school district employee involving the conduct of a person employed by the school district, at the time the report was made, as required under Section 4 of this Act, the Child Protective Service Unit shall send a copy of its final finding report to the general superintendent of that school district. (c-10) The Department may recommend that a school district remove a school employee who is the subject of an investigation from the school employee's employment position pending the outcome of the investigation; however, all employment decisions regarding school personnel shall be the sole responsibility of the school district or employer. The Department may not require a school district to remove a school employee from the school employee's employment position or limit the school employee's duties pending the outcome of an investigation. (d) If the Department has contact with an employer, or with a religious institution or religious official having supervisory or hierarchical authority over a member of the clergy accused of the abuse of a child, in the course of its investigation, the Department shall notify the employer or the religious institution or religious official, in writing, when a report is unfounded so that any record of the investigation can be expunged from the employee's or member of the clergy's personnel or other records. The Department shall also notify the employee or the member of the clergy, in writing, that notification has been sent to the employer or to the appropriate religious institution or religious official informing the employer or religious institution or religious official that the Department's investigation has resulted in an unfounded report. (d-1) Whenever a report alleges that a child was abused or neglected while receiving care in a hospital, including a freestanding psychiatric hospital licensed by the Department of Public Health, the Department shall send a copy of its final finding to the Director of Public Health and the Director of Healthcare and Family Services. (e) Upon request by the Department, the Illinois State Police and law enforcement agencies are authorized to provide criminal history record information as defined in the Illinois Uniform Conviction Information Act and information maintained in the adjudicatory and dispositional record system as defined in Section 2605-355 of the Illinois State Police Law to properly designated employees of the Department of Children and Family Services if the Department determines the information is necessary to perform its duties under the Abused and Neglected Child Reporting Act, the Child Care Act of 1969, and the Children and Family Services Act. The request shall be in the form and manner required by the Illinois State Police. Any information obtained by the Department of Children and Family Services under this Section is confidential and may not be transmitted outside the Department of Children and Family Services other than to a court of competent jurisdiction or unless otherwise authorized by law. Any employee of the Department of Children and Family Services who transmits confidential information in violation of this Section or causes the information to be transmitted in violation of this Section is guilty of a Class A misdemeanor unless the transmittal of the information is authorized by this Section or otherwise authorized by law. (f) For purposes of this Section, "child abuse or neglect" includes abuse or neglect of an adult resident as defined in this Act. (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; 103-460, eff. 1-1-24; 103-605, eff. 7-1-24.) |
(325 ILCS 5/7.4a) Sec. 7.4a. Domestic violence co-location program. (a) As used in this Section: "Domestic violence co-location program" means a program, administered in partnership with a co-location program management entity, where domestic violence advocates who are trained in domestic violence services and employed through a domestic violence provider are assigned to work in a field office of the Department of Children and Family Services alongside and in collaboration with child welfare investigators and caseworkers working with families where there are indicators of domestic violence. "Domestic violence" has the meaning ascribed to it in the Illinois Domestic Violence Act of 1986. "Co-location program management entity" means the organization that partners with the Department to administer the domestic violence co-location program. (b) Subject to appropriations or the availability of other funds for this purpose, the Department may implement a 5-year pilot program of a domestic violence co-location program. The domestic violence co-location program shall be designed to improve child welfare interventions provided to families experiencing domestic violence in part by enhancing the safety and stability of children, reducing the number of children removed from their parents, and improving outcomes for children within their families through a strength-based and trauma-informed collaborative support program. The pilot program shall occur in no fewer than 3 Department offices. Additional sites may be added during the pilot program, and the pilot program may be expanded and converted into a permanent statewide program. (c) The Department shall adopt rules and procedures and shall develop and facilitate training for the effective implementation of the domestic violence co-location program. The Department shall adopt rules on the qualification requirements for domestic violence advocates participating in the pilot program. (d) The Department shall track, collect, report on, and share data about domestic violence-affected families, including, but not limited to, data related to hotline calls, investigations, protective custody, cases referred to the juvenile court, and outcomes of the domestic violence co-location program. (e) The Department may arrange for an independent, evidence-based evaluation of the domestic violence co-location program authorized and implemented under this Section to determine whether it is meeting its goals. The independent evidence-based evaluation may include, but is not limited to, data regarding: (i) the number of children removed from their parents; (ii) the number of children who remain with the non-offending parent; (iii) the number of indicated and unfounded investigative findings and corresponding allegations of maltreatment for the non-offending parent and domestic violence perpetrator; (iv) the number of referrals to the co-located domestic violence advocates; (v) the number of referrals for services; and (vi) the number of months that children remained in foster care whose cases involved the co-located domestic violence advocate. (f) Following the expiration of the 5-year pilot program or prior to the expiration of the pilot program, if there is evidence that the pilot program is effective, the domestic violence co-location program may expand into each county, investigative office of the Department of Children and Family Services, or purchase of service or other contracted private agency delivering intact family or foster care services in Illinois. (g) Nothing in this Section shall be construed to breach the confidentiality protections provided under State law to domestic violence professionals, including co-located domestic violence advocates, in the provision of services to domestic violence victims as employees of domestic violence agencies or to any individual who receives services from domestic violence agencies.
(Source: P.A. 100-406, eff. 1-1-18.) |
(325 ILCS 5/7.5) (from Ch. 23, par. 2057.5)
Sec. 7.5.
If the Child Protective Service Unit is denied reasonable access
to a child by the parents or other persons and it deems that the health,
safety, and best interests of the child so require, it shall request the
intervention of a local law enforcement agency or seek an appropriate court
order to
examine and interview the child.
(Source: P.A. 90-28, eff. 1-1-98.)
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(325 ILCS 5/7.6) (from Ch. 23, par. 2057.6)
Sec. 7.6.
There shall be a single State-wide, toll-free telephone number
established and maintained by the Department which all persons, whether
or not mandated by law, may use to report suspected child abuse
or neglect at any hour of the day or night, on any day of the week. Immediately
upon receipt of such reports, the Department shall transmit the contents
of the report, either orally or electronically, to the appropriate Child
Protective Service Unit. Any other person may use the State-wide number
to obtain assistance or information concerning the handling of child abuse
and neglect cases.
Wherever the Statewide number is posted, there shall also be posted the
following notice:
"Any person who knowingly transmits a false report to the Department
commits the offense of disorderly conduct under subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. A violation of this subsection is a Class 4 felony."
(Source: P.A. 97-189, eff. 7-22-11; 97-1150, eff. 1-25-13.)
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(325 ILCS 5/7.7) (from Ch. 23, par. 2057.7)
Sec. 7.7.
There shall be a central register of all cases of suspected
child abuse or neglect reported and maintained by the Department under this
Act. Through the recording of initial, preliminary, and final
reports, the central register shall be operated in such a manner as to enable
the Department to: (1) immediately identify and locate prior reports of
child abuse or neglect; (2) continuously monitor the current status
of all reports of child abuse or neglect being provided services under this
Act; and (3) regularly evaluate the effectiveness of existing laws and programs
through the development and analysis of statistical and other information.
The Department shall maintain in the central register a listing of unfounded
reports where the subject of the unfounded report requests that the record
not be expunged because the subject alleges an intentional false report
was made. Such a request must be made by the subject in writing to the
Department, within 10 days of the investigation. By January 1, 2014, the Department shall promulgate rules establishing criteria and standards for labeling an unfounded report as an intentional false report in the central register. The rules shall permit the reporter to submit a statement regarding the report unless the reporter has been convicted of knowingly transmitting a false report to the Department under paragraph (7) of subsection (a) of Section 26-1 of the Criminal Code of 2012.
The Department shall also maintain in the central register a listing of
unfounded reports where the report was classified as a priority one or priority
two report in accordance with the Department's rules or the report was made by
a person mandated to report suspected abuse or neglect under this Act.
The Department shall maintain in the central register all unfounded reports for a minimum of 5 years following the date of the final finding.
If an individual is the subject of a subsequent investigation that is pending, the Department shall maintain all prior unfounded reports pertaining to that individual until the pending investigation has been completed or for 5 years, whichever time period ends later. For purposes of this Section "child abuse or neglect" includes abuse or neglect of an adult resident as defined in this Act.(Source: P.A. 100-697, eff. 1-1-19.)
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(325 ILCS 5/7.8)
Sec. 7.8.
Upon receiving an oral or written report of suspected
child abuse or neglect, the Department shall immediately notify, either
orally or electronically, the Child Protective Service Unit of a previous
report concerning a subject of the present report or other pertinent
information. In addition, upon satisfactory identification procedures, to
be established by Department regulation, any person authorized to have
access to records under Section 11.1 relating to child abuse and neglect
may request and shall be immediately provided the information requested in
accordance with this Act. However, no information shall be released unless
it prominently states the report is "indicated", and only information from
"indicated" reports shall be released, except that: (1) Information concerning pending reports may be | ||
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(2) State's Attorneys are authorized to receive | ||
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(A) for prosecution purposes related to the | ||
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(B) for the purposes of screening and prosecuting | ||
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(3) The parties to the proceedings filed under | ||
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(Source: P.A. 101-43, eff. 1-1-20; 102-532, eff. 8-20-21; 102-813, eff. 5-13-22.) |
(325 ILCS 5/7.9) (from Ch. 23, par. 2057.9)
Sec. 7.9.
The Department shall prepare, print, and distribute initial,
preliminary, and final reporting forms to each Child Protective Service Unit.
Initial written reports from the reporting source shall contain the following
information to the extent known at the time the report is made:
(1) the names and addresses of the child and the child's parents or other persons
responsible for the child's welfare;
(1.5) the name and address of the school that the child attends (or the school
that the child last attended, if the report is written during the summer when
school is not in session), and the name of the school district in which the
school is located, if applicable;
(2) the child's age, sex, and race;
(3) the nature and extent of the child's abuse or neglect, including any
evidence of prior injuries, abuse, or neglect of the child or the child's siblings;
(4) the names of the persons apparently responsible for the abuse or neglect;
(5) family composition, including names, ages, sexes, and races
of other children in the home;
(6) the name of the person making the report, the reporter's occupation, and
where the reporter can be reached;
(7) the actions taken by the reporting source, including the taking of
photographs and x-rays, placing the child in temporary protective custody,
or notifying the medical examiner or coroner; and
(8) any other information the person making the report believes might
be helpful in the furtherance of the purposes
of this Act.
(Source: P.A. 103-22, eff. 8-8-23.)
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(325 ILCS 5/7.10) (from Ch. 23, par. 2057.10)
Sec. 7.10.
Upon the receipt of each oral report made under this Act, the
Child Protective Service Unit shall immediately transmit a copy thereof
to the state central register of child abuse and neglect. A preliminary
report from a Child Protective Service Unit shall be made at the time of
the first of any 30-day extensions made pursuant to Section 7.12 and shall
describe the status of the related investigation up to that time, including
an evaluation of the present family situation and danger to the child or
children, corrections or up-dating of the initial report, and actions taken
or contemplated.
For purposes of this Section "child" includes an adult resident as defined in this Act. (Source: P.A. 96-1446, eff. 8-20-10.)
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(325 ILCS 5/7.12) (from Ch. 23, par. 2057.12)
Sec. 7.12.
The Child Protective Service Unit shall determine,
within 60 days, whether the report is "indicated" or "unfounded"
and report it forthwith to the central register; where it is
not possible to initiate or complete an investigation within
60 days the report may be deemed "undetermined" provided every
effort has been made to undertake a complete investigation.
The Department may extend the period in which such determinations
must be made in individual cases for additional periods of up to 30
days each for good cause shown. The Department shall by rule establish what
shall constitute good cause. In those cases in which the Child Protective Service Unit has made a final determination that a report is "indicated" or "unfounded", the Department shall provide written notification of the final determination to the subjects of the report and to the alleged perpetrator, parents, personal guardian or legal guardian of the alleged child victim, and other persons required to receive notice by regular U.S. mail. Subject to appropriation, written notification of the final determination shall be sent to a perpetrator indicated for child abuse or child neglect, or both, by both regular and certified mail.
(Source: P.A. 96-385, eff. 1-1-10.)
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(325 ILCS 5/7.13) (from Ch. 23, par. 2057.13)
Sec. 7.13.
The reports made under this Act may contain such additional
information in the furtherance of the purposes of this Act as the Department,
by rule, may require.
(Source: P.A. 81-1077.)
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(325 ILCS 5/7.14) (from Ch. 23, par. 2057.14)
Sec. 7.14. All reports in the central register shall be classified in one
of three categories: "indicated", "unfounded" or "undetermined", as the
case may be. Prior to classifying the report, the Department shall determine whether the report is subject to Department review under Section 7.22a. If the report is subject to Department review, the report shall not be classified as unfounded until the review is completed. Prior to classifying the report, the person making the
classification shall determine whether the child named in the
report is the subject of an action under Article V of the Juvenile Court Act of 1987 who is in the custody or guardianship of the Department or who has an open intact family services case with the Department or is the subject of an action under Article II of the Juvenile Court
Act of 1987. If the child either is the subject of an action under Article V of the Juvenile Court Act of 1987 and is in the custody or guardianship of the Department or has an open intact family services case with the Department or is the subject of an action under Article II of the
Juvenile Court Act of 1987 and the Department intends to classify the report as indicated, the Department shall, within 45 days of classification of the report, transmit a copy of the report to
the attorney or guardian ad litem appointed for the child under Section 2-17 of the
Juvenile Court Act of 1987 or to a guardian ad litem appointed under Section 5-610 of the Juvenile Court Act of 1987. If the child either is the subject of an action under Article V of the Juvenile Court Act of 1987 and is in the custody or guardianship of the Department or has an open intact family services case with the Department or is the subject of an action under Article II of the Juvenile Court Act of 1987 and the Department intends to classify the report as unfounded, the Department shall, within 45 days of deciding its intent to classify the report as unfounded, transmit a copy of the report and written notice of the Department's intent to the attorney or guardian ad litem appointed for the child under Section 2-17 of the Juvenile Court Act of 1987, or to a guardian ad litem appointed under Section 5-610 of the Juvenile Court Act of 1987. The Department's obligation under this Section to provide reports to a guardian ad litem appointed under Section 5-610 of the Juvenile Court Act of 1987 for a minor with an open intact family services case applies only if the guardian ad litem notified the Department in writing of the representation. All information identifying the subjects of an unfounded
report shall be expunged from the register
forthwith, except as provided in Section 7.7.
Unfounded reports may only be made available to the Child
Protective Service Unit when investigating a subsequent report of suspected
abuse or maltreatment involving a child named in the unfounded report; and to
the subject of the report, provided the Department has not expunged the file in accordance with Section 7.7. The Child Protective
Service Unit shall not indicate the subsequent report solely based upon the
existence of the prior unfounded report or reports. Notwithstanding any other
provision of law to the contrary, an unfounded report shall not be admissible
in any judicial or administrative proceeding or action except for proceedings under Sections 2-10 and 2-21 of the Juvenile Court Act of 1987 involving a
petition filed under Section 2-13 of the Juvenile Court Act of 1987 alleging
abuse or neglect to the same child, a sibling of the child, the same
perpetrator, or a member of the child's household.
Identifying information on all other records shall be
removed from the register no later than 5 years after the report is indicated.
However, if another report is received involving the same child, the child's sibling
or offspring, or a child in the care of the persons responsible for the
child's welfare, or involving the same alleged offender, the
identifying
information may be maintained in the register
until 5 years after the subsequent case or report is closed.
Notwithstanding any other provision of this Section, identifying
information in indicated reports involving serious physical injury to a child as defined by the
Department in rules, may be retained longer than 5 years after the report
is indicated or after the subsequent case or report is closed, and may not
be removed from the register except as provided by the Department in rules. Identifying information in indicated reports involving sexual penetration of a child, sexual molestation of a child, sexual exploitation of a child, torture of a child, or the death of a child, as defined by the Department in rules, shall be retained for a period of not less than 50 years after the report is indicated or after the subsequent case or report is closed.
For purposes of this Section, "child" includes an adult resident as defined in this Act.(Source: P.A. 102-532, eff. 8-20-21; 103-22, eff. 8-8-23.)
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(325 ILCS 5/7.15) (from Ch. 23, par. 2057.15)
Sec. 7.15.
The central register may contain such other information which
the Department determines to be in furtherance of the purposes of this Act.
Pursuant to the provisions of Sections 7.14 and 7.16, the Department may
amend or remove from the central register appropriate records
upon good cause shown and upon notice to the subjects of the report and
the Child Protective Service Unit.
(Source: P.A. 90-15, eff. 6-13-97.)
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(325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)
Sec. 7.16.
For any investigation or appeal initiated on or after, or
pending on July 1, 1998, the following time frames shall apply.
Within 60 days after the notification of the completion
of the Child Protective Service Unit investigation, determined by the date
of the notification sent by the Department, the perpetrator named in the notification may
request the Department to amend the record or
remove the record of the report from the register, except that the 60-day deadline for filing a request to amend the record or remove the record of the report from the State Central Register shall be tolled until after the conclusion of any criminal court action in the circuit court or after adjudication in any juvenile court action concerning the circumstances that give rise to an indicated report. Such request shall be
in writing and directed to such person as the Department designates in the
notification letter notifying the perpetrator of the indicated finding. The perpetrator shall have the right to a timely
hearing within
the Department to determine whether the record of the report should be
amended or removed on the grounds that it is inaccurate or it is
being
maintained in a manner inconsistent with this Act, except that there
shall be no such right to a hearing on the ground of the report's
inaccuracy if there has been a court finding of child abuse or neglect or a criminal finding of guilt as to the perpetrator. Such
hearing shall be held within a reasonable time after the perpetrator's request
and at a reasonable place and hour. The appropriate Child Protective
Service Unit shall be given notice of the hearing. If the minor, who is the victim named in the report sought to be amended or removed from the State Central Register, is the subject of a pending action under Article V of the Juvenile Court Act of 1987 and is in the custody or guardianship of the Department or has an open intact family services case with the Department or is the subject of a pending action under Article II of the Juvenile Court Act of 1987, and the report was made while a guardian ad litem was appointed for the minor under Section 5-610 or 2-17 of the Juvenile Court Act of 1987, then the minor shall, through the minor's attorney or guardian ad litem appointed under Section 5-610 or 2-17 of the Juvenile Court Act of 1987, have the right to participate and be heard in such hearing as defined under the Department's rules. The Department's obligation under this Section to provide a minor with a guardian ad litem appointed under Section 5-610 of the Juvenile Court Act of 1987 and an open intact family services case with the right to participate and be heard applies only if the guardian ad litem notified the Department in writing of the representation. In such hearings, the
burden of proving the accuracy and consistency of the record shall be on
the Department and the appropriate Child Protective Service Unit. The
hearing shall be conducted by the Director or the Director's designee, who is hereby
authorized and empowered to order the amendment or removal of
the record to make it accurate and consistent with this Act. The decision
shall be made, in writing, at the close of the hearing, or within 60
days
thereof, and shall state the reasons upon which it is based. Decisions of
the Department under this Section are administrative decisions subject to
judicial review under the Administrative Review Law.
Should the Department grant the request of the perpetrator
pursuant to this Section either on administrative review or after
an administrative hearing to amend an indicated report to an unfounded report, the
report shall be released and expunged in accordance
with the standards set forth in Section 7.14 of this Act.
(Source: P.A. 103-22, eff. 8-8-23.)
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(325 ILCS 5/7.17) (from Ch. 23, par. 2057.17)
Sec. 7.17.
To the fullest extent possible, written notice of any amendment,
expunction, or removal of any record made under this Act shall be served
upon each subject of such report and the appropriate Child Protective Service
Unit. Upon receipt of such notice, the Child Protective Service Unit shall
take similar action in regard to the local child abuse and neglect index
and shall inform, for the same purpose, any other individuals or agencies
which received such record under this Act or in any other manner. Nothing
in this Section is intended to require the destruction of case records.
(Source: P.A. 81-1077.)
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(325 ILCS 5/7.18) (from Ch. 23, par. 2057.18)
Sec. 7.18.
Pursuant to Sections 7.15 and 7.16 and for good cause shown,
the Child Protective Service Unit may amend any report previously sent to
the State-wide center. Unless otherwise prescribed by this Act, the content,
form, manner and timing of making the reports shall be established by rules
of the Department.
(Source: P.A. 81-1077.)
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(325 ILCS 5/7.19) (from Ch. 23, par. 2057.19)
Sec. 7.19.
Upon request, a subject of a report shall be entitled to receive
a copy of all information contained in the central register pertaining to the subject's
case. However, the Department may prohibit the release of data that
would identify or locate a person who, in good faith, made a report or cooperated
in a subsequent investigation. In addition, the Department may seek a court
order from the circuit court prohibiting the release of any information
which the court finds is likely to be harmful to the subject of the report.
(Source: P.A. 103-22, eff. 8-8-23.)
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(325 ILCS 5/7.20)
Sec. 7.20. Inter-agency agreements for information. The Department shall
enter into an inter-agency agreement with the Secretary of State to establish a
procedure by which employees of the Department may have immediate
access to driver's license records maintained by the Secretary of State if
the Department determines the information is necessary to perform its duties
under the Abused and Neglected Child Reporting Act, the Child Care Act of 1969,
and the
Children and Family Services Act.
The Department shall enter into an
inter-agency agreement with the Department of Healthcare and Family Services and the
Department of Human Services (acting as successor to the Department of Public
Aid under the Department of Human Services Act) to establish
a procedure by which employees of the Department may have
immediate access to records, files, papers, and communications (except medical,
alcohol or drug assessment or treatment, mental health, or any other medical
records) of the
Department of Healthcare and Family Services, county departments of public aid, the
Department
of Human Services, and local governmental units
receiving State or federal funds or aid to provide public aid,
if the Department determines the information is necessary to perform its duties
under the Abused and Neglected Child Reporting
Act, the Child Care Act of 1969, and the Children and Family Services Act.
(Source: P.A. 95-331, eff. 8-21-07.)
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(325 ILCS 5/7.21)
Sec. 7.21. Multidisciplinary Review Committee.
(a) The Department may establish multidisciplinary review committees in each
region of the State to assure that mandated reporters have the ability to have
a review conducted on any situation where a child abuse or neglect report made
by them was "unfounded", and they have concerns about the adequacy of the
investigation.
These committees shall draw upon the expertise of the Child Death Review
Teams as necessary and practicable. Each committee will be composed of the
following: a
health care professional, a Department employee, a law enforcement official, a
licensed social
worker, and a representative of the State's attorney's office. In appointing
members of a committee, primary consideration shall be given to a prospective
member's prior experience in dealing with cases of suspected child abuse or
neglect.
(b) Whenever the Department determines that a reported incident of child
abuse or neglect from a mandated reporter is "unfounded", the mandated reporter
may request a review of the investigation within 10 days of the notification of
the final finding.
A review under this subsection will be conducted by the
committee.
The
Department shall make available to the committee all information in the
Department's possession concerning the case. The committee shall make
recommendations to the Department as to the adequacy of the investigation and
of the accuracy of the final finding determination. These findings shall be
forwarded to the Regional Child Protection Manager.
(c) The Department shall provide complete records of these investigations to
the committee. Records provided to the committee and recommendation reports
generated by the committee shall not be public record.
(c-5) On or before October 1 of each year, the Department shall prepare a
report setting forth (i) the number of investigations
reviewed by each committee during the previous fiscal year and (ii) the number
of those investigations that the committee found to be
inadequate. The report shall also include a summary of the committee's
comments and a summary of the corrective action, if any, that
was taken in response to the committee's recommendations. The report shall be
a public record. The Department shall submit the
report to the General Assembly and shall make the report available to the
public upon request.
(d) The Department shall adopt rules to implement this Section.
(Source: P.A. 98-453, eff. 8-16-13.)
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(325 ILCS 5/7.22) Sec. 7.22. Reviews of unfounded reports. (a) Whenever the Department determines that a reported incident of child abuse or neglect will be "unfounded", the Department shall forward a copy of the report and written notice of the Department's intent to classify the report as unfounded to a guardian ad litem appointed under Section 5-610 of the Juvenile Court Act of 1987 for a minor who is in the custody or guardianship of the Department or who has an open intact family services case with the Department or the minor's attorney or guardian ad litem appointed under Section 2-17 of the Juvenile Court Act of 1987. The Department's obligation under this subsection to provide reports to a guardian ad litem appointed under Section 5-610 of the Juvenile Court Act of 1987 for a minor with an open intact family services case applies only if the guardian ad litem notified the Department in writing of the representation. The minor's attorney or guardian ad litem who receives a report pursuant to this subsection may request a review of the investigation within 10 days of receipt of the report and written notice of the Department's intent to classify the report as unfounded, as provided in Section 7.14 of this Act, if the subject of the report is also the minor for whom the attorney or guardian ad litem has been appointed. (b) Reviews requested under subsection (a) may be requested by sending a request via U.S. Mail, postmarked within 10 days after notice of the Department's intent to classify the report as unfounded, or by faxing a request within 10 days after notice of the Department's intent to classify the report as unfounded. The date of notification of the Department's intent to classify the report as unfounded is the date the attorney or guardian ad litem received a copy of the report and written notice from the Department. Following the review, the Department shall inform the minor's attorney or guardian ad litem as to whether the report will be classified as indicated or unfounded. The minor's attorney or guardian ad litem shall also receive a final finding notice from the State Central Register. (c) By January 1, 2014, the Department shall promulgate rules addressing reviews requested under subsection (a). The rules shall provide that a review requested under subsection (a) must occur before the report is classified and a final finding is entered in the central register and that the review must be conducted by a Department employee outside the supervisory chain of the assigned investigator.
(Source: P.A. 100-158, eff. 1-1-18.) |
(325 ILCS 5/7.22a) Sec. 7.22a. Reports subject to review. (a) Unfounded reports. Prior to classifying a report under Section 7.14, if the Department
intends to classify the report as unfounded, the Department must first determine whether the report is subject to review
in accordance with this Section. If the report is subject to review, the review process must be completed prior to classifying the
report. The Deputy Director of Child Protection must oversee a review process that ensures the Department reviews a random sample of at least 5% of child abuse and neglect reports in which the Department intends to be unfounded and any subject child of the report is not of compulsory school age as provided under Section 26-1 of the School Code. The review must be conducted by an area administrator outside the supervisory chain of the investigator and supervisor. The review shall ensure that the investigation was conducted in accordance with the Department's rules and
procedures governing child abuse and neglect investigations and that the final intended finding is consistent with the goal of protecting the health, safety, and best interests of the child in all situations in which the child is vulnerable to child abuse or neglect. If the reviewer determines the investigation or final recommended unfounded finding is inconsistent with the Department's rules and
procedures, the reviewer shall document the findings in an Unfounded Review Report and forward the Unfounded Review Report to the investigator, supervisor, area administrator assigned to the case, and Deputy Director of Child Protection to ensure appropriate corrective steps are taken in the case before the final finding is entered. The Unfounded Review Report shall be included in the investigative file. (b) The Deputy Director of Child Protection must oversee a review process that ensures the Department reviews a random sample of at least 5% of indicated reports in which any subject child of the report is not of compulsory school age as provided under Section 26-1 of the School Code, the child is not a youth in care, and the Department is not opening a case for any type of services, including situations in which the family refuses services. The review must be conducted by an area administrator outside the supervisory chain of the assigned investigator within 15 days of the final finding being entered. The review shall ensure that the investigation was conducted in accordance with the Department's rules and
procedures governing child abuse and neglect investigations and that the decision to not provide services is consistent with the goal of protecting the health, safety, and best interests of the child in all situations in which the child is vulnerable to child abuse or neglect. If the reviewer determines the investigation or final finding is inconsistent with the Department's rules and
procedures, the reviewer shall document the findings in an Indicated Review Report and forward the Indicated Review Report to the investigator, supervisor, area administrator assigned to the case, and Deputy Director of Child Protection to ensure appropriate corrective steps are taken in the case. The Indicated Review Report shall be included in the investigative file. (c) The Department shall document its findings in accordance with subsections (a) and (b), including the number of Unfounded Review Reports and Indicated Review Reports, and the findings and recommendations detailed in the Indicated Review Reports and Unfounded Review Reports in reports to the General Assembly. The reports shall describe recommendations for systemic reforms based on the findings of the reviews and the steps the Department will take to implement the recommendations. The initial report shall be filed 90 days after the effective date of this amendatory Act of the 101st General Assembly. Subsequent reports shall be filed on December 1 and June 1 of each year.
(Source: P.A. 101-528, eff. 8-23-19.) |
(325 ILCS 5/8.1) (from Ch. 23, par. 2058.1)
Sec. 8.1.
If the Child Protective Service Unit determines after
investigating a report that there is no credible evidence that a child is
abused or neglected, it shall deem the report to be an unfounded report.
However, if it appears that the child or family could benefit from other
social services, the local service may suggest such services, including
services under Section 8.2, for the family's voluntary acceptance or refusal.
If the family declines such services, the Department shall take appropriate
action in keeping with the best interest of the child, including referring a
member of the child's family to a facility licensed by the Department of
Human Services or the Department of
Public Health. For purposes of this Section "child" includes an adult resident as defined in this Act.
(Source: P.A. 96-1446, eff. 8-20-10.)
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(325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
Sec. 8.2. If the Child Protective Service Unit determines, following
an investigation made pursuant to Section 7.4 of this Act, that there is
credible evidence that the child is abused or neglected, the Department
shall assess the family's need for services, and, as necessary, develop,
with the family, an appropriate service plan for the family's voluntary
acceptance or refusal. In any case where there is evidence that the
perpetrator of the abuse or neglect has a substance use disorder as defined in the Substance Use Disorder Act, the Department, when
making referrals for drug or alcohol abuse services, shall make such referrals
to facilities licensed by the Department of Human Services or the Department
of Public Health. The Department shall comply with Section 8.1 by explaining
its lack of legal authority to compel the acceptance of services and may
explain its concomitant authority to petition the Circuit court
under the Juvenile Court Act of 1987 or refer the case to the local law
enforcement authority or State's attorney for criminal prosecution.
For purposes of this Act, the term "family preservation services"
refers to all services
to help families, including adoptive and extended families. Family
preservation services shall be
offered, where safe and appropriate,
to prevent the placement of children in substitute
care when the children can be cared for at home or in the custody of the
person responsible for the children's welfare without endangering the
children's health or safety, to reunite them with their
families if so placed when reunification
is an appropriate goal, or to maintain an adoptive placement. The term
"homemaker" includes emergency caretakers, homemakers, caretakers,
housekeepers and chore services. The term "counseling" includes individual
therapy, infant stimulation therapy, family therapy, group therapy,
self-help groups, drug and alcohol abuse counseling, vocational counseling
and post-adoptive services. The term "day care" includes protective day
care and day care to meet educational, prevocational or vocational needs.
The term "emergency assistance and advocacy" includes coordinated services
to secure emergency cash, food, housing and medical assistance or advocacy
for other subsistence and family protective needs.
Before July 1, 2000, appropriate family preservation services shall, subject
to appropriation, be included in the service plan if the Department has
determined that those services will ensure the child's health and safety, are
in the child's best interests, and will not place the child in imminent risk of
harm. Beginning July 1, 2000, appropriate family preservation services shall
be uniformly available throughout the State. The Department shall promptly
notify children and families of the Department's responsibility to offer and
provide family preservation services as identified in the service plan. Such
plans may include but are not limited to: case management services; homemakers;
counseling; parent education; day care; emergency assistance and advocacy
assessments; respite care; in-home health care; transportation to obtain any of
the above services; and medical assistance. Nothing in this paragraph shall be
construed to create a private right of action or claim on the part of any
individual or child welfare agency, except that when a child is the subject of an action under Article II of the Juvenile Court Act of 1987 and the child's service plan calls for services to facilitate achievement of the permanency goal, the court hearing the action under Article II of the Juvenile Court Act of 1987 may order the Department to provide the services set out in the plan, if those services are not provided with reasonable promptness and if those services are available.
Each Department field office shall maintain on a local basis
directories of services available to children and families in the local
area where the Department office is located.
The Department shall refer children and families served
pursuant to this Section to private agencies and governmental agencies,
where available.
Incentives that discourage or reward a decision to provide family preservation services after a report is indicated or a decision to refer a child for the filing of a petition under Article II of the Juvenile Court Act of 1987 are strictly prohibited and shall not be included in any contract, quality assurance, or performance review process. Incentives include, but are not limited to, monetary benefits, contingencies, and enhanced or diminished performance reviews for individuals or agencies. Any decision regarding whether to provide family preservation services after an indicated report or to refer a child for the filing of a petition under Article II of the Juvenile Court Act of 1987 shall be based solely on the child's health, safety, and best interests and on any applicable law. If a difference of opinion exists between a private agency and the Department regarding whether to refer for the filing of a petition under Article II of the Juvenile Court Act of 1987, the case shall be referred to the Deputy Director of Child Protection for review and determination. Any Department employee responsible for reviewing contracts or program plans who is aware of a violation of this Section shall immediately refer the matter to the Inspector General of the Department. Where there are 2 equal proposals from both a not-for-profit and a
for-profit agency to provide services, the Department shall give preference
to the proposal from the not-for-profit agency.
No service plan shall compel any child or parent to engage in any
activity or refrain from any activity which is not reasonably related to
remedying a condition or conditions that gave rise or which could give rise
to any finding of child abuse or neglect.
(Source: P.A. 100-759, eff. 1-1-19; 101-528, eff. 8-23-19.)
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(325 ILCS 5/8.2a) Sec. 8.2a. Developmental and social-emotional screening; indicated finding of abuse or neglect. The Department shall conduct a developmental and social-emotional screening within 45 days after the Department is granted temporary custody of a child. When a child under the age of 3 is engaged in intact family services, the Department shall offer to conduct a developmental screening within 60 days after the Department opens the case. For children in intact cases who are ages 3 through 5, the intact caseworker shall refer the child for a developmental screening. The Department shall promulgate rules necessary for the implementation of this Section.
(Source: P.A. 97-930, eff. 8-10-12.) |
(325 ILCS 5/8.3) (from Ch. 23, par. 2058.3)
Sec. 8.3.
The Department shall assist a Circuit Court
during all stages of the court proceeding in accordance with the purposes
of this Act and the Juvenile Court Act of 1987 by providing full, complete,
and accurate information to the
court and by appearing in court if requested by the court. Failure to
provide assistance requested by a court shall be enforceable through
proceedings for contempt of court.
(Source: P.A. 88-310.)
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(325 ILCS 5/8.4) (from Ch. 23, par. 2058.4)
Sec. 8.4.
The Department shall provide or arrange for
and monitor, as authorized by this Act, rehabilitative services for children
and their families on a voluntary basis or under a final or intermediate
order of the Court.
(Source: P.A. 84-611.)
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(325 ILCS 5/8.5) (from Ch. 23, par. 2058.5)
Sec. 8.5.
The Child Protective Service Unit shall maintain a local child
abuse and neglect index of all cases reported under this Act which will
enable it to determine the location of case records and to monitor the timely
and proper investigation and disposition of cases. The index shall include
the information contained in the initial, progress, and final reports required
under this Act, and any other appropriate information. For purposes of this Section "child abuse and neglect" includes abuse or neglect of an adult resident as defined in this Act.
(Source: P.A. 96-1446, eff. 8-20-10.)
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(325 ILCS 5/8.6)
(Text of Section before amendment by P.A. 103-624)
Sec. 8.6.
Reports to a child's school.
Within 10 days after completing an
investigation of alleged physical or sexual abuse under this Act, if the report
is indicated, the Child Protective Service Unit shall send a copy of its final
finding report to the school that the child who is the indicated victim of the
report attends. If the final finding report is sent during the summer when the
school is not in session, the report shall be sent to the last school that the
child attended. The final finding report shall be sent as "confidential", and
the school shall be responsible for ensuring that the report remains
confidential in accordance with the Illinois School Student Records Act. If an
indicated finding is overturned in an appeal or hearing, or if the
Department has made a determination that the child is no longer at risk of
physical or sexual harm, the Department shall request that the final finding
report be purged from the student's record, and the school shall purge the
final finding report from the student's record and return the report to the
Department. If an indicated report is expunged from the central register, and
that report has been sent to a child's school, the Department shall request
that the final finding report be purged from the student's record, and the
school shall purge the final finding report from the student's record and
return the report to the Department.
(Source: P.A. 92-295, eff. 1-1-02.)
(Text of Section after amendment by P.A. 103-624) Sec. 8.6. Reports to a child's school. Within 10 days after completing an investigation of alleged physical or sexual abuse under this Act, if the report is indicated, the Child Protective Service Unit shall send a copy of its final finding report to the school that the child, who is the indicated victim of child abuse, attends. During the summer when the school is not in session, the report shall be sent to the last school that the child attended. The final finding report shall be sent as "confidential", and the school shall be responsible for ensuring that the report remains confidential in accordance with the Illinois School Student Records Act. If an indicated finding is overturned in an appeal or hearing, the Department shall request that the final finding report be purged from the student's record, and the school shall purge the final finding report from the student's record. The final finding report shall provide the date of expungement from the central register, and the school shall purge the final finding report from the student's record in accordance with the Illinois School Student Records Act.(Source: P.A. 103-624, eff. 1-1-25.)
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(325 ILCS 5/9) (from Ch. 23, par. 2059)
Sec. 9. Any person, institution or agency, under this Act, participating
in good faith in the making of a report or referral, or in the investigation of
such a report or referral or in the taking of photographs and x-rays
or in the retaining a child in temporary protective custody or in making a
disclosure of information concerning reports of child abuse and neglect in
compliance with Sections 4.2 and 11.1 of this Act or Section 4 of this Act, as it relates to disclosure by school personnel and except in cases of wilful or wanton misconduct,
shall have immunity
from any liability, civil,
criminal or that otherwise might result by reason of such actions. For
the purpose of any proceedings,
civil or criminal, the good faith of any persons required to report or refer,
or permitted to report,
cases of suspected child abuse or neglect or permitted to refer
individuals under this Act or required to disclose information concerning
reports of child abuse and neglect in compliance with Sections 4.2 and 11.1
of this Act, shall be presumed. For purposes of this Section "child abuse and neglect" includes abuse or neglect of an adult resident as defined in this Act.
(Source: P.A. 95-908, eff. 8-26-08; 96-1446, eff. 8-20-10.)
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(325 ILCS 5/9.1) (from Ch. 23, par. 2059.1)
Sec. 9.1. Employer discrimination. No employer shall discharge,
demote or suspend, or threaten to discharge, demote or suspend, or in any
manner discriminate against any employee who makes any good faith oral or
written report of suspected child abuse or neglect, or who is or will be a
witness or testify in any investigation or proceeding concerning a report
of suspected child abuse or neglect. For purposes of this Section "child abuse or neglect" includes abuse or neglect of an adult resident as defined in this Act.
(Source: P.A. 96-1446, eff. 8-20-10.)
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(325 ILCS 5/10) (from Ch. 23, par. 2060)
Sec. 10.
Any person who makes a report or who investigates a report under
this Act shall testify fully in any judicial proceeding or administrative hearing resulting from such
report, as to any evidence of abuse or neglect, or the cause thereof. Any
person who is required to report a suspected case of abuse or neglect under
Section 4 of this Act shall testify fully in any administrative hearing
resulting from such report, as to any evidence of abuse or neglect or the
cause thereof. No evidence shall be excluded by reason of any common law
or statutory privilege relating to communications between the alleged
perpetrator of abuse or neglect, or the child subject of the report under
this Act and any person who is required to report a suspected case of abuse or neglect under Section 4 of this Act or the person making or investigating the report.
(Source: P.A. 97-387, eff. 8-15-11.)
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(325 ILCS 5/11) (from Ch. 23, par. 2061)
Sec. 11.
All records concerning reports
of child abuse and neglect
or records concerning referrals under this Act
and
all records generated as a result of such reports or referrals, shall be
confidential
and shall not be disclosed except as specifically authorized by this Act
or other applicable law. It is a Class A misdemeanor to permit, assist,
or encourage the unauthorized release of any information contained in such
reports, referrals or records.
Nothing contained in this Section prevents the sharing or disclosure of
records relating or pertaining to the death of a minor under the care of or
receiving services from the Department of Children and Family Services and
under the jurisdiction of the juvenile court with the juvenile court, the
State's Attorney, and the minor's attorney. For purposes of this Section "child abuse and neglect" includes abuse or neglect of an adult resident as defined in this Act.
(Source: P.A. 96-1446, eff. 8-20-10.)
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(325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
Sec. 11.1. Access to records.
(a) A person shall have access to the
records described in Section 11 only in furtherance of purposes directly
connected with the administration of this Act or the Intergovernmental Missing
Child Recovery Act of 1984. Those persons and purposes for access include:
(1) Department staff in the furtherance of their | ||
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(2) A law enforcement agency investigating known or | ||
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(3) The Illinois State Police when administering the | ||
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(4) A physician who has before the physician a child | ||
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(5) A person authorized under Section 5 of this Act | ||
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(6) A person having the legal responsibility or | ||
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(7) Except in regard to harmful or detrimental | ||
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(8) A court, upon its finding that access to such | ||
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(8.1) A probation officer or other authorized | ||
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(9) A grand jury, upon its determination that access | ||
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(10) Any person authorized by the Director, in | ||
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(11) Law enforcement agencies, coroners or medical | ||
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(12) The Department of Financial and Professional | ||
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(13) A coroner or medical examiner who has reason to | ||
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(14) The Director of a State-operated facility when | ||
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(15) The operator of a licensed child care facility | ||
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(16) Members of a multidisciplinary team in the | ||
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(17) The Department of Human Services, as provided in | ||
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(18) Any other agency or investigative body, | ||
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(19) The person appointed, under Section 2-17 of the | ||
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(20) The Department of Human Services, as provided in | ||
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(b) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to juveniles
subject to the provisions of the Serious Habitual Offender Comprehensive
Action Program when that information is used to assist in the early
identification and treatment of habitual juvenile offenders.
(c) To the extent that persons or agencies are given access to
information pursuant to this Section, those persons or agencies may give this
information to and
receive this information from each other in order to facilitate an
investigation
conducted by those persons or agencies.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
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(325 ILCS 5/11.1a)
Sec. 11.1a. Disclosure of information.
(a) The Director or a person designated in writing by the Director for this
purpose may disclose information regarding the
abuse or neglect of a child as set forth in this Section, the investigation
thereof, and any services related thereto, if the Director or a person designated in writing by the Director determines that such
disclosure is not contrary to the best interests of the child, the child's
siblings, or other children in the household, and one of the following factors
are present:
(1) The subject of the report has been criminally | ||
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(2) A law enforcement agency or official, a State's | ||
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(3) An adult subject of the report has knowingly and | ||
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(4) The child named in the report has been critically | ||
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(b) Information may be disclosed pursuant to this Section as follows:
(1) The name of the alleged abused or neglected child.
(2) The current status of the investigation, | ||
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(3) Identification of child protective or other | ||
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(4) Whether there have been past reports of child | ||
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(5) Whether the Department has a current or past open | ||
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(6) Any extraordinary or pertinent information | ||
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(c) Any disclosure of information pursuant to this Section shall not
identify the name of or provide identifying information regarding the source of
the report.
(d) In determining pursuant to subsection (a) of this Section, whether
disclosure will be contrary to the best interests of the child, the child's
siblings, or other children in the household, the Director shall consider the
interest in privacy of the child and the child's family and the effects which
disclosure may have on efforts to reunite and provide services to the family.
(e) Except as it applies directly to the cause of the abuse or neglect of
the child, nothing in this Section shall be deemed to authorize the release or
disclosure of the substance or content of any psychological, psychiatric,
therapeutic, clinical, or medical reports, evaluations, or like materials
pertaining to the child or the child's family. Prior to the release or
disclosure of any psychological, psychiatric, or therapeutic reports pursuant
to this subsection, the Deputy Director of Clinical Services shall review such
materials and make recommendations regarding its release. Any disclosure of
information pursuant to this Section shall not identify
the
health care provider, health care facility or other maker of the report or
source of any psychological,
psychiatric, therapeutic, clinical, or medical reports, evaluations, or like
materials.
(f) Regarding child abuse or neglect reports which occur at a facility
licensed by the Department of Children and Family Services, only the following
information may be disclosed or released:
(1) The name of the facility.
(2) The nature of the allegations of abuse or neglect.
(3) The number and ages of child victims involved, | ||
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(4) Actions the Department has taken to ensure the | ||
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(5) The final finding status of the investigation.
(Source: P.A. 103-22, eff. 8-8-23.)
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(325 ILCS 5/11.2) (from Ch. 23, par. 2061.2)
Sec. 11.2.
Disclosure to mandated reporting source.
A mandated reporting source as provided in Section
4 of this Act may receive appropriate information about the findings and
actions taken by the Child Protective Service Unit in response to its report.
The information shall include the actions taken by the Child Protective
Service Unit to ensure a child's safety.
(Source: P.A. 92-319, eff. 1-1-02.)
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(325 ILCS 5/11.2a)
Sec. 11.2a.
Disclosure to extended family member.
Upon request, an
extended family member interviewed for relevant information in the course of an
investigation by the Child Protective Service Unit may receive appropriate
information about the findings and actions taken by the Child Protective
Service Unit to ensure the safety of the child or children who were the
subjects of the investigation.
(Source: P.A. 92-319, eff. 1-1-02.)
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(325 ILCS 5/11.3) (from Ch. 23, par. 2061.3)
Sec. 11.3.
A person given access to the names or other information identifying
the subjects of the report, except the subject of the report, shall not
make public such identifying information unless the person is a State's attorney
or other law enforcement official and the purpose is to initiate court action.
Violation of this Section is a Class A misdemeanor.
(Source: P.A. 103-22, eff. 8-8-23.)
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(325 ILCS 5/11.4) (from Ch. 23, par. 2061.4)
Sec. 11.4.
Nothing in this Act affects existing policies or procedures
concerning the status of court and criminal justice system records.
(Source: P.A. 81-1077.)
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(325 ILCS 5/11.5) (from Ch. 23, par. 2061.5)
Sec. 11.5. Public awareness program. (a) No later than 6 months after the effective date of this amendatory Act of the 101st General Assembly, the Department of Children and Family Services shall develop culturally sensitive materials on child abuse and child neglect, the statewide toll-free telephone number established under Section 7.6, and the process for reporting any reasonable suspicion of child abuse or child neglect. The Department shall reach out to businesses and organizations to seek assistance in raising awareness about child abuse and child neglect and the statewide toll-free telephone number established under Section 7.6, including posting notices. The Department shall make a model notice available for download on the Department's website. The model notice shall: (1) be available in English, Spanish, and the 2 other | ||
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(2) be at least 8 1/2 inches by 11 inches in size | ||
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(3) include the following statement: "Protecting children is a responsibility we all | ||
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(4) include the statewide toll-free telephone number | ||
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(b) Within the appropriation available, the Department shall conduct
a continuing education and training program for State and local staff,
persons and officials required to report, the general public, and other
persons engaged in or intending to engage in the prevention, identification,
and treatment of child abuse and neglect. The program shall be designed
to encourage the fullest degree of reporting of known and suspected child
abuse and neglect, and to improve communication, cooperation, and coordination
among all agencies in the identification, prevention, and treatment of child
abuse and neglect. The program shall inform the general public and
professionals of the nature and extent of child abuse and neglect and their
responsibilities, obligations, powers and immunity from liability under
this Act. It may include information on the diagnosis of child abuse and
neglect and the roles and procedures of the Child Protective Service Unit,
the Department and central register, the courts and of the protective,
treatment, and ameliorative
services available to children and their families. Such information may
also include special needs of persons at risk of delivering a child whose
life or development may be threatened by a disabling condition, to ensure
informed consent to treatment of the condition and understanding of the
unique child care responsibilities required for such a child. The program
may also encourage parents and other persons
having responsibility for the welfare of children to seek assistance on
their own in meeting their child care responsibilities and encourage the
voluntary acceptance of available services when they are needed. It may
also include publicity and dissemination of information on the existence
and number of the 24 hour, State-wide, toll-free telephone service to assist
persons seeking assistance and to receive reports of known and suspected
abuse and neglect.
(c) Within the appropriation available, the Department also shall conduct
a continuing education and training program for State and local staff
involved in investigating reports of child abuse or neglect made under this
Act. The program shall be designed to train such staff in the necessary
and appropriate procedures to be followed in investigating cases which it
appears may result in civil or criminal charges being filed against a
person. Program subjects shall include but not be limited to the gathering
of evidence with a view toward presenting such evidence in court and the
involvement of State or local law enforcement agencies in the investigation.
The program shall be conducted in cooperation with State or local law
enforcement agencies, State's Attorneys and other components of the
criminal justice system as the Department deems appropriate.
(Source: P.A. 103-22, eff. 8-8-23.)
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(325 ILCS 5/11.6) (from Ch. 23, par. 2061.6)
Sec. 11.6.
All final administrative decisions of the Department under
this Act are subject to judicial review
under the Administrative Review Law, as now or hereafter amended,
and the rules adopted pursuant thereto.
The term "administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure. Review of a final administrative decision under the Administrative Review Law is not applicable to a decision to conduct a family assessment under subsection (a-5) of Section 7.4 because no determination concerning child abuse or neglect is made and nothing is reported to the central register.
(Source: P.A. 96-760, eff. 1-1-10.)
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(325 ILCS 5/11.7) (from Ch. 23, par. 2061.7)
Sec. 11.7.
(a) The Director shall appoint the chairperson and members
of a "State-wide Citizen's Committee on Child Abuse and Neglect" to consult
with and advise the Director. The Committee shall be composed of individuals
of distinction in human services, neonatal medical care, needs and rights
of persons with disabilities, law and community life, broadly representative
of social and economic communities across the State, who shall be appointed
to 3 year staggered terms. The chairperson and members of the Committee
shall serve without compensation, although their travel and per diem expenses
shall be reimbursed in accordance with standard State procedures. Under
procedures adopted by the Committee, it may meet at any time, confer with
any individuals, groups, and agencies; and may issue reports or recommendations
on any aspect of child abuse or neglect it deems appropriate.
(b) The Committee shall advise the Director on setting priorities for
the administration of child abuse prevention, shelters and service programs,
as specified in Section 4a of "An Act creating the Department of Children
and Family Services, codifying its powers and duties, and repealing certain
Acts and Sections herein named", approved June 4, 1963, as amended.
(c) The Committee shall advise the Director on policies and procedures
with respect to the medical neglect of newborns and infants.
(Source: P.A. 99-143, eff. 7-27-15.)
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(325 ILCS 5/11.8) Sec. 11.8. Cross-reporting. (a) Investigation Specialists, Intact Family Specialists, and Placement Specialists employed by the Department of Children and Family Services who reasonably believe that an animal observed by them when in their professional or official capacity is being abused or neglected in violation of the Humane Care for Animals Act must immediately make a written or oral report to the Department of Agriculture's Bureau of Animal Health and Welfare. However, the Department of Children and Family Services may not discipline an Investigation Specialist, an Intact Family Specialist, or a Placement Specialist for failing to make such a report if the Specialist determines that making the report would interfere with the performance of the specialist's child welfare protection duties. (b) A home rule unit may not regulate the reporting of child abuse or neglect in a manner inconsistent with the provisions of this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 103-22, eff. 8-8-23.) |
(325 ILCS 5/11.9) Sec. 11.9. Child Death Investigation Task Force; establishment. (a) The Department of Children and Family Services shall, from funds appropriated by the General Assembly to the Department for this purpose, or from funds that may otherwise be provided for this purpose from other public or private sources, establish a Child Death Investigation Task Force to operate in the Southern Region of the State and in other regions at the discretion of the Director of the Department. The Child Death Investigation Task Force shall develop and implement a plan for the investigation of sudden, unexpected, or unexplained child fatalities or near fatalities of children under 18 years of age occurring within that region, as may be further defined in Department rule and procedure. The plan must include provisions for local or State law enforcement agencies, the Department, hospitals, and coroners to promptly notify the Task Force of a sudden, unexpected, or unexplained child fatality or near fatality of a child, and for the Task Force to review and investigate the notification. The investigation shall include coordination among members of a multidisciplinary team, including local or State law enforcement agencies, the Department, hospitals, coroners, the appropriate State's Attorney's Office, and the appropriate children's advocacy center. The plan must also include provisions for training members of each multidisciplinary team on the various components of the investigation of fatalities or near fatalities of children. The Task Force shall maintain case tracking and related case information for activations. Information shall be shared and reviewed by the Task Force's Board of Directors. The plan must be submitted in writing and approved by the Board of Directors. (b) The Child Death Investigation Task Force shall be governed by a Board of Directors composed of, but not limited to, an approved representative from each of the following agencies or groups: the Department of Children and Family Services, the Southern Illinois Police Chiefs' Association, the Illinois Coroners and Medical Examiners Association, the Illinois State's Attorneys Association, the Illinois Sheriffs' Association, the Illinois State Police, the Child Advocacy Centers of Illinois, and the Illinois Law Enforcement Training Standards Board. The Board of Directors shall have the authority to organize itself and adopt bylaws and to appoint, assign, and elect members and leaders, and shall determine the voting rights of its members. The Board of Directors shall determine all major policies and establish all necessary principles and procedures of the Task Force. The Board of Directors shall meet 4 times a year or as called for in the bylaws of the organization. (c) The State shall indemnify and hold harmless members of the Child Death Investigation Task Force and the Board of Directors for all their acts, omissions, decisions, or other conduct arising out of the scope of their service on the Task Force or Board, except those involving willful or wanton misconduct. The method of providing indemnification shall be as provided in the State Employee Indemnification Act.
(Source: P.A. 100-733, eff. 1-1-19.) |