| ||||
Public Act 098-1141 | ||||
| ||||
| ||||
AN ACT concerning children.
| ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
| ||||
Section 5. The Abused and Neglected Child Reporting Act is | ||||
amended by changing Section 7.4 as follows:
| ||||
(325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
| ||||
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) Beginning January 1, 2010, the Department of Children | ||||
and Family Services may implement a 5-year demonstration of 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 | ||
involving substantial child abuse or neglect. | ||
(2) Shall begin an immediate investigation if, at any | ||
time when it is using a family assessment response, it | ||
determines that there is reason to believe that substantial | ||
child abuse or neglect or a serious threat to the child's | ||
safety exists. | ||
(3) May conduct a family assessment for reports that do |
not allege substantial child endangerment. In determining | ||
that a family assessment is appropriate, the Department may | ||
consider issues including, but not limited to, child | ||
safety, parental cooperation, and the need for an immediate | ||
response. | ||
(4) Shall promulgate criteria, standards, and | ||
procedures that shall be applied in making this | ||
determination, taking into consideration the Child | ||
Endangerment Risk Assessment Protocol of the Department. | ||
(5) May conduct a family assessment on a report that | ||
was initially screened and assigned for an investigation. | ||
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 Department of State Police if the | ||
local law enforcement agency or Department of 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 or | ||
neglect, information relating to developmental | ||
functioning, credibility of the child's statement, and | ||
whether the information provided under this paragraph (A) | ||
is consistent with other information collected during the | ||
course of the assessment or investigation. | ||
(B) The alleged offender's age, a record check for | ||
prior reports of abuse or neglect, and criminal charges and | ||
convictions. The alleged offender may submit supporting | ||
documentation relevant to the assessment. | ||
(C) Collateral source information regarding the | ||
alleged abuse or neglect and care of the child. Collateral | ||
information includes, when relevant: (i) a medical | ||
examination of the child; (ii) prior medical records | ||
relating to the alleged maltreatment or care of the child | ||
maintained by any facility, clinic, or health care | ||
professional, and an interview with the treating | ||
professionals; and (iii) interviews with the child's |
caretakers, including the child's parent, guardian, foster | ||
parent, child care provider, teachers, counselors, family | ||
members, relatives, and other persons who may have | ||
knowledge regarding the alleged maltreatment and the care | ||
of the child. | ||
(D) Information on the existence of domestic abuse and | ||
violence in the home of the child, and substance abuse. | ||
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. | ||
The Department shall arrange for an independent evaluation | ||
of the "differential response program" authorized and | ||
implemented under this subsection (a-5) 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 demonstration conducted under this subsection (a-5) | ||
shall become a permanent program on July 1, 2016 January 1, | ||
2015 , upon completion of the demonstration project period.
| ||
(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 | ||
the extent possible,
be conducted when the teacher is | ||
scheduled to conduct classes.
Investigations involving | ||
other school employees shall be conducted so as to
minimize | ||
disruption of the school day. The school employee accused | ||
of
child abuse or neglect may have his superior, his | ||
association or union
representative and his attorney | ||
present at any interview or meeting at
which the teacher or | ||
administrator is present. The accused school employee
| ||
shall be informed by a representative of the Department, at | ||
any
interview or meeting, of the accused school employee's | ||
due process rights
and of the steps in the investigation | ||
process.
The information shall include, but need not | ||
necessarily be limited to the
right, subject to the | ||
approval of the Department, of the school employee to
| ||
confront the accuser, if the accuser is 14 years of age or | ||
older, or the
right to review the specific allegations | ||
which gave rise to the
investigation, and the right to | ||
review all materials and evidence that have
been submitted | ||
to the Department in support of the allegation. These due
| ||
process rights shall also include the right of the school | ||
employee to
present countervailing evidence regarding the | ||
accusations.
|
(2) If a report of neglect or abuse of a child by a | ||
teacher or
administrator does not involve allegations of | ||
sexual abuse or extreme
physical abuse, the Child | ||
Protective Service Unit shall make reasonable
efforts to | ||
conduct the initial investigation in coordination with the
| ||
employee's supervisor.
| ||
If the Unit determines that the report is a good faith | ||
indication of
potential child abuse or neglect, it shall | ||
then commence a formal
investigation under paragraph (3) of | ||
subsection (b) of this Section.
| ||
(3) If a report of neglect or abuse of a child by a | ||
teacher or
administrator involves an allegation of sexual | ||
abuse or extreme physical
abuse, the Child Protective Unit | ||
shall commence an investigation under
paragraph (2) of | ||
subsection (b) of this Section.
| ||
(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.
| ||
(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.
| ||
(e) Upon request by the Department, the
Department of 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 Department of State Police Law (20 | ||
ILCS
2605/2605-355) 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 | ||
Department of 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. 95-908, eff. 8-26-08; 96-760, eff. 1-1-10; | ||
96-1446, eff. 8-20-10.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |