103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2788

 

Introduced 1/17/2024, by Sen. Mary Edly-Allen

 

SYNOPSIS AS INTRODUCED:
 
325 ILCS 5/7  from Ch. 23, par. 2057
325 ILCS 5/8.6

    Amends the Abused and Neglected Child Reporting Act. Requires the Child Protective Service Unit to send a notification letter (rather than a copy of the Unit's final finding report) to a child's school following an investigation and finding of physical or sexual abuse. Provides that if an indicated finding is overturned in an appeal or hearing, the Department of Children and Family Services shall request that the notification letter (rather than final finding report) be purged from the student's record, and the school shall purge the notification letter (rather than final finding report) from the student's record in accordance with the Illinois School Student Records Act. Requires the notification letter to provide the date of expungement from the central register. Removes a provision requiring all reports made by mandated reporters to be confirmed in writing to the appropriate Child Protective Service Unit within 48 hours of any initial report.


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A BILL FOR

 

SB2788LRB103 35567 KTG 65639 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Sections 7 and 8.6 as follows:
 
6    (325 ILCS 5/7)  (from Ch. 23, par. 2057)
7    Sec. 7. Time and manner of making reports. All reports of
8suspected child abuse or neglect made under this Act shall be
9made immediately by telephone to the central register
10established under Section 7.7 on the single, State-wide,
11toll-free telephone number established in Section 7.6, or in
12person or by telephone through the nearest Department office.
13The Department shall, in cooperation with school officials,
14distribute appropriate materials in school buildings listing
15the toll-free telephone number established in Section 7.6,
16including methods of making a report under this Act. The
17Department may, in cooperation with appropriate members of the
18clergy, distribute appropriate materials in churches,
19synagogues, temples, mosques, or other religious buildings
20listing the toll-free telephone number established in Section
217.6, including methods of making a report under this Act.
22    Wherever the Statewide number is posted, there shall also
23be posted the following notice:

 

 

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1    "Any person who knowingly transmits a false report to the
2Department commits the offense of disorderly conduct under
3subsection (a)(7) of Section 26-1 of the Criminal Code of
42012. A violation of this subsection is a Class 4 felony."
5    The report required by this Act shall include, if known,
6the name and address of the child and the child's parents or
7other persons having the child's custody; the child's age; the
8nature of the child's condition, including any evidence of
9previous injuries or disabilities; and any other information
10that the person filing the report believes might be helpful in
11establishing the cause of such abuse or neglect and the
12identity of the person believed to have caused such abuse or
13neglect. Reports made to the central register through the
14State-wide, toll-free telephone number shall be immediately
15transmitted by the Department to the appropriate Child
16Protective Service Unit. All such reports alleging the death
17of a child, serious injury to a child, including, but not
18limited to, brain damage, skull fractures, subdural hematomas,
19and internal injuries, torture of a child, malnutrition of a
20child, and sexual abuse to a child, including, but not limited
21to, sexual intercourse, sexual exploitation, sexual
22molestation, and sexually transmitted disease in a child age
2312 and under, shall also be immediately transmitted by the
24Department to the appropriate local law enforcement agency.
25The Department shall within 24 hours orally notify local law
26enforcement personnel and the office of the State's Attorney

 

 

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1of the involved county of the receipt of any report alleging
2the death of a child, serious injury to a child, including, but
3not limited to, brain damage, skull fractures, subdural
4hematomas, and internal injuries, torture of a child,
5malnutrition of a child, and sexual abuse to a child,
6including, but not limited to, sexual intercourse, sexual
7exploitation, sexual molestation, and sexually transmitted
8disease in a child age 12 and under. All oral reports made by
9the Department to local law enforcement personnel and the
10office of the State's Attorney of the involved county shall be
11confirmed in writing within 24 hours of the oral report. All
12reports by persons mandated to report under this Act shall be
13confirmed in writing to the appropriate Child Protective
14Service Unit, which may be on forms supplied by the
15Department, within 48 hours of any initial report.
16    Any report received by the Department alleging the abuse
17or neglect of a child by a person who is not the child's
18parent, a member of the child's immediate family, a person
19responsible for the child's welfare, an individual residing in
20the same home as the child, or a paramour of the child's parent
21shall immediately be referred to the appropriate local law
22enforcement agency for consideration of criminal investigation
23or other action.
24    Written confirmation reports from persons not required to
25report by this Act may be made to the appropriate Child
26Protective Service Unit. Written reports from persons required

 

 

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1by this Act to report shall be admissible in evidence in any
2judicial proceeding or administrative hearing relating to
3child abuse or neglect. Reports involving known or suspected
4child abuse or neglect in public or private residential
5agencies or institutions shall be made and received in the
6same manner as all other reports made under this Act.
7    For purposes of this Section, "child" includes an adult
8resident as defined in this Act.
9(Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23.)
 
10    (325 ILCS 5/8.6)
11    Sec. 8.6. Reports to a child's school. Within 10 days
12after completing an investigation of alleged physical or
13sexual abuse under this Act, if the report is indicated, the
14Child Protective Service Unit shall send a notification letter
15copy of its final finding report to the school that the child,
16who is the indicated victim of child abuse, the report
17attends. If the final finding report is sent during the summer
18when the school is not in session, the notification letter
19report shall be sent to the last school that the child
20attended. The notification letter final finding report shall
21be sent as "confidential", and the school shall be responsible
22for ensuring that the notification letter report remains
23confidential in accordance with the Illinois School Student
24Records Act. If an indicated finding is overturned in an
25appeal or hearing, or if the Department has made a

 

 

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1determination that the child is no longer at risk of physical
2or sexual harm, the Department shall request that the
3notification letter final finding report be purged from the
4student's record, and the school shall purge the notification
5letter final finding report from the student's record in
6accordance with the Illinois School Student Records Act. The
7notification letter shall provide the date of expungement and
8return the report to the Department. If an indicated report is
9expunged from the central register, and that report has been
10sent to a child's school, the Department shall request that
11the final finding report be purged from the student's record,
12and the school shall purge the notification letter final
13finding report from the student's record in accordance with
14the Illinois School Student Records Act and return the report
15to the Department.
16(Source: P.A. 92-295, eff. 1-1-02.)