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Public Act 103-0624 |
SB2788 Enrolled | LRB103 35567 KTG 65639 b |
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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 Sections 7 and 8.6 as follows: |
(325 ILCS 5/7) (from Ch. 23, par. 2057) |
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: |
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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 |
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 |
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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 |
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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.) |
(325 ILCS 5/8.6) |
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, the report attends. During 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 |
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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 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 |
in accordance with the Illinois School Student Records Act and |
return the report to the Department . |
(Source: P.A. 92-295, eff. 1-1-02.) |