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Public Act 102-0861


 

Public Act 0861 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0861
 
SB3833 EnrolledLRB102 25746 KTG 35064 b

    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 4 as follows:
 
    (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
    licensed to practice medicine in any of its branches
    (medical doctor or doctor of osteopathy); resident;
    intern; medical administrator or personnel engaged in the
    examination, care, and treatment of persons; psychiatrist;
    surgeon; dentist; dental hygienist; chiropractic
    physician; podiatric physician; physician assistant;
    emergency medical technician; physical therapist; physical
    therapy assistant; occupational therapist; occupational
    therapy assistant; acupuncturist; registered nurse;
    licensed practical nurse; advanced practice registered
    nurse; genetic counselor; respiratory care practitioner;
    home health aide; or certified nursing assistant.
        (2) Social services and mental health personnel,
    including any: licensed professional counselor; licensed
    clinical professional counselor; licensed social worker;
    licensed clinical social worker; licensed psychologist or
    assistant working under the direct supervision of a
    psychologist; associate licensed marriage and family
    therapist; licensed marriage and family therapist; field
    personnel of the Departments of Healthcare and Family
    Services, Public Health, Human Services, Human Rights, or
    Children and Family Services; supervisor or administrator
    of the General Assistance program established under
    Article VI of the Illinois Public Aid Code; social
    services administrator; or substance abuse treatment
    personnel.
        (3) Crisis intervention personnel, including any:
    crisis line or hotline personnel; or domestic violence
    program personnel.
        (4) Education personnel, including any: school
    personnel (including administrators and certified and
    non-certified school employees); personnel of institutions
    of higher education; educational advocate assigned to a
    child in accordance with 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 under subsection (d)); or truant officer.
        (5) Recreation or athletic program or facility
    personnel ; or an athletic trainer.
        (6) Child care personnel, including any: early
    intervention provider as defined in the Early Intervention
    Services System Act; director or staff assistant of a
    nursery school or a child day care center; or foster
    parent, homemaker, or child care worker.
        (7) Law enforcement personnel, including any: law
    enforcement officer; field personnel of the Department of
    Juvenile Justice; field personnel of the Department of
    Corrections; probation officer; or animal control officer
    or field investigator of the Department of Agriculture's
    Bureau of Animal Health and Welfare.
        (8) Any funeral home director; funeral home director
    and embalmer; funeral home employee; coroner; or medical
    examiner.
        (9) Any member of the clergy.
        (10) Any physician, physician assistant, registered
    nurse, licensed practical nurse, medical technician,
    certified nursing assistant, licensed social worker,
    licensed clinical social worker, or licensed professional
    counselor of any office, clinic, or any other physical
    location that provides abortions, abortion referrals, or
    contraceptives.
    (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
    child in the course of the reporter's employment or
    practice of a profession, or through a regularly scheduled
    program, activity, or service;
        (B) the mandated reporter is affiliated with an
    agency, institution, organization, school, school
    district, regularly established church or religious
    organization, or other entity that is directly responsible
    for the care, supervision, guidance, or training of the
    child; or
        (C) a person makes a specific disclosure to the
    mandated reporter that an identifiable child is the victim
    of child abuse or child neglect, and the disclosure
    happens while the mandated reporter is engaged in his or
    her employment or practice of a profession, or in a
    regularly scheduled program, activity, or service.
    (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 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.
    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.
    (e) 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.
    (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 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 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 his or her 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 him or her in his or her
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 the effective date of this
amendatory Act of the 102nd General Assembly 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
Department of 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 his or her employer
and, when applicable, to his or her licensing or certification
board that he or she 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 his or her
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 his 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. 101-564, eff. 1-1-20; 102-604, eff. 1-1-22.)

Effective Date: 1/1/2023