Public Act 93-0137
HB1284 Enrolled LRB093 07431 DRJ 07595 b
AN ACT in relation to 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 4 as follows:
(325 ILCS 5/4) (from Ch. 23, par. 2054)
Sec. 4. Persons required to report; privileged
communications; transmitting false report. Any physician,
resident, intern, hospital, hospital administrator and
personnel engaged in examination, care and treatment of
persons, surgeon, dentist, dentist hygienist, osteopath,
chiropractor, podiatrist, physician assistant, substance
abuse treatment personnel, Christian Science practitioner,
funeral home director or employee, coroner, medical examiner,
emergency medical technician, acupuncturist, crisis line or
hotline personnel, school personnel, educational advocate
assigned to a child pursuant to the School Code, truant
officers, social worker, social services administrator,
domestic violence program personnel, registered nurse,
licensed practical nurse, respiratory care practitioner,
advanced practice nurse, home health aide, director or staff
assistant of a nursery school or a child day care center,
recreational program or facility personnel, law enforcement
officer, licensed professional counselor, licensed clinical
professional counselor, registered psychologist and
assistants working under the direct supervision of a
psychologist, psychiatrist, or field personnel of the
Illinois Department of Public Aid, Public Health, Human
Services (acting as successor to the Department of Mental
Health and Developmental Disabilities, Rehabilitation
Services, or Public Aid), Corrections, Human Rights, or
Children and Family Services, supervisor and administrator of
general assistance under the Illinois Public Aid Code,
probation officer, or any other foster parent, homemaker or
child care worker having reasonable cause to believe a child
known to them in their professional or official capacity may
be an abused child or a neglected child shall immediately
report or cause a report to be made to the Department.
Any member of the clergy having reasonable cause to
believe that a child known to that member of the clergy in
his or her professional capacity may be an abused child as
defined in item (c) of the definition of "abused child" in
Section 3 of this Act shall immediately report or cause a
report to be made to the Department.
Whenever such person is required to report under this Act
in his 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, he 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 his designated agent 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
his designated agent 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.
The privileged quality of communication between any
professional person required to report and his 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.
A member of the clergy may claim the privilege under
Section 8-803 of the Code of Civil Procedure.
In addition to the above persons required to report
suspected cases of abused or neglected children, 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.
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. 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.
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.
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
1961". Any person who violates this provision a second or
subsequent time shall be guilty of 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.
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 his parent, guardian or custodian accepts and
practices such beliefs.
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.
(Source: P.A. 91-259, eff. 1-1-00; 91-516, eff. 8-13-99;
92-16, eff. 6-28-01; 92-801, eff. 8-16-02.)
Section 99. Effective date. This Act takes effect upon
becoming law.