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| Public Act 097-0189 | ||||
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Abused and Neglected Child Reporting Act is | ||||
amended by changing Sections 4, 7, and 7.6 as follows:
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(325 ILCS 5/4) (from Ch. 23, par. 2054)
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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, funeral home
director or employee, | ||||
coroner, medical examiner, emergency medical technician,
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acupuncturist, crisis line or hotline personnel, school | ||||
personnel (including administrators and both certified and | ||||
non-certified school employees), educational
advocate assigned | ||||
to a child pursuant to the School Code, member of a school | ||||
board or the Chicago Board of Education or the governing body | ||||
of a private school (but only to the extent required in | ||||
accordance with other provisions of this Section expressly | ||||
concerning the duty of school board members to report suspected | ||||
child abuse), truant officers,
social worker, social services | ||||
administrator,
domestic violence program personnel, registered | ||
nurse, licensed
practical nurse, genetic counselor,
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respiratory care practitioner, advanced practice nurse, home
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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
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counselor, licensed clinical professional counselor, | ||
registered psychologist
and
assistants working under the | ||
direct supervision of a psychologist,
psychiatrist, or field | ||
personnel of the Department of Healthcare and Family Services,
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Juvenile Justice, Public Health, Human Services (acting as | ||
successor to the Department of Mental
Health and Developmental | ||
Disabilities, Rehabilitation Services, or Public Aid),
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Corrections, Human Rights, or Children and Family Services, | ||
supervisor and
administrator of general assistance under the | ||
Illinois Public Aid Code,
probation officer, animal control | ||
officer or Illinois Department of Agriculture Bureau of Animal | ||
Health and Welfare field investigator, 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.
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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
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the Department.
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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 he or she | ||
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 his or her 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.
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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 he or | ||
she 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 his or her | ||
employment with the school district must be informed by that | ||
school district that if he or she 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.
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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,
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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.
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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
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neglected children and shall not constitute grounds for failure | ||
to report
as required by this Act.
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A member of the clergy may claim the privilege under | ||
Section 8-803 of the
Code of Civil Procedure.
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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.
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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
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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.
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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.
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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". A violation of this provision is a Class 4 felony. Any | ||
person who violates this
provision a second or subsequent time | ||
shall be guilty of a Class 3
felony.
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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
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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
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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
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involves any
of the same facts or persons as the first or other | ||
prior offense).
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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.
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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.
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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. | ||
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. | ||
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. 95-10, eff. 6-30-07; 95-461, eff. 8-27-07; | ||
95-876, eff. 8-21-08; 95-908, eff. 8-26-08; 96-494, eff. | ||
8-14-09; 96-1446, eff. 8-20-10.)
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(325 ILCS 5/7) (from Ch. 23, par. 2057)
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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
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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,
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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.
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Wherever the Statewide number is posted, there shall also | ||
be posted the
following notice:
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"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. | ||
A violation of this subsection is a Class 4 felony. A first | ||
violation of this
subsection is a Class A misdemeanor, | ||
punishable by a term of imprisonment
for up to one year, or by | ||
a fine not to exceed $1,000, or by both such term
and fine. A | ||
second or subsequent violation is a Class 4 felony."
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The report required by this Act shall include, if known, | ||
the name
and address of the child and his parents or other | ||
persons having his
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,
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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
twelve 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.
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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 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.
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For purposes of this Section "child" includes an adult | ||
resident as defined in this Act. | ||
(Source: P.A. 95-57, eff. 8-10-07; 96-1446, eff. 8-20-10.)
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(325 ILCS 5/7.6) (from Ch. 23, par. 2057.6)
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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.
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Wherever the Statewide number is posted, there shall also | ||
be posted the
following notice:
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"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. | ||
A violation of this subsection is a Class 4 felony. A violation | ||
of this subsection
is a Class B misdemeanor, punishable by a | ||
term of imprisonment for not more
than 6 months, or by a fine | ||
not to exceed $500, or by both such term and fine."
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(Source: P.A. 84-1318.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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