Sen. Julie A. Morrison

Filed: 4/5/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1778

2    AMENDMENT NO. ______. Amend Senate Bill 1778, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Abused and Neglected Child Reporting Act is
6amended by changing Sections 4 and 11.5 as follows:
 
7    (325 ILCS 5/4)
8    Sec. 4. Persons required to report; privileged
9communications; transmitting false report.
10    (a) The following persons are required to immediately
11report to the Department when they have reasonable cause to
12believe that a child known to them in their professional or
13official capacities may be an abused child or a neglected
14child:
15        (1) Medical personnel, including any: physician
16    licensed to practice medicine in any of its branches

 

 

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1    (medical doctor or doctor of osteopathy); resident;
2    intern; medical administrator or personnel engaged in the
3    examination, care, and treatment of persons; psychiatrist;
4    surgeon; dentist; dental hygienist; chiropractic
5    physician; podiatric physician; physician assistant;
6    emergency medical technician; acupuncturist; registered
7    nurse; licensed practical nurse; advanced practice
8    registered nurse; genetic counselor; respiratory care
9    practitioner; home health aide; or certified nursing
10    assistant.
11        (2) Social services and mental health personnel,
12    including any: licensed professional counselor; licensed
13    clinical professional counselor; licensed social worker;
14    licensed clinical social worker; licensed psychologist or
15    assistant working under the direct supervision of a
16    psychologist; associate licensed marriage and family
17    therapist; licensed marriage and family therapist; field
18    personnel of the Departments of Healthcare and Family
19    Services, Public Health, Human Services, Human Rights, or
20    Children and Family Services; supervisor or administrator
21    of the General Assistance program established under
22    Article VI of the Illinois Public Aid Code; social services
23    administrator; or substance abuse treatment personnel.
24        (3) Crisis intervention personnel, including any:
25    crisis line or hotline personnel; or domestic violence
26    program personnel.

 

 

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1        (4) Education personnel, including any: school
2    personnel (including administrators and certified and
3    non-certified school employees); personnel of institutions
4    of higher education; educational advocate assigned to a
5    child in accordance with the School Code; member of a
6    school board or the Chicago Board of Education or the
7    governing body of a private school (but only to the extent
8    required under subsection (d)); or truant officer.
9        (5) Recreation or athletic program or facility
10    personnel.
11        (6) Child care personnel, including any: early
12    intervention provider as defined in the Early Intervention
13    Services System Act; director or staff assistant of a
14    nursery school or a child day care center; or foster
15    parent, homemaker, or child care worker.
16        (7) Law enforcement personnel, including any: law
17    enforcement officer; field personnel of the Department of
18    Juvenile Justice; field personnel of the Department of
19    Corrections; probation officer; or animal control officer
20    or field investigator of the Department of Agriculture's
21    Bureau of Animal Health and Welfare.
22        (8) Any funeral home director; funeral home director
23    and embalmer; funeral home employee; coroner; or medical
24    examiner.
25        (9) Any member of the clergy.
26        (10) Any physician, physician assistant, registered

 

 

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1    nurse, licensed practical nurse, medical technician,
2    certified nursing assistant, licensed social worker,
3    licensed clinical social worker, or licensed professional
4    counselor of any office, clinic, or any other physical
5    location that provides abortions, abortion referrals, or
6    contraceptives.
7    (b) When 2 or more persons who work within the same
8workplace and are required to report under this Act share a
9reasonable cause to believe that a child may be an abused or
10neglected child, one of those reporters may be designated to
11make a single report. The report shall include the names and
12contact information for the other mandated reporters sharing
13the reasonable cause to believe that a child may be an abused
14or neglected child. The designated reporter must provide
15written confirmation of the report to those mandated reporters
16within 48 hours. If confirmation is not provided, those
17mandated reporters are individually responsible for
18immediately ensuring a report is made. Nothing in this Section
19precludes or may be used to preclude any person from reporting
20child abuse or child neglect.
21    (c)(1) As used in this Section, "a child known to them in
22their professional or official capacities" means:
23        (A) the mandated reporter comes into contact with the
24    child in the course of the reporter's employment or
25    practice of a profession, or through a regularly scheduled
26    program, activity, or service;

 

 

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1        (B) the mandated reporter is affiliated with an agency,
2    institution, organization, school, school district,
3    regularly established church or religious organization, or
4    other entity that is directly responsible for the care,
5    supervision, guidance, or training of the child; or
6        (C) a person makes a specific disclosure to the
7    mandated reporter that an identifiable child is the victim
8    of child abuse or child neglect, and the disclosure happens
9    while the mandated reporter is engaged in his or her
10    employment or practice of a profession, or in a regularly
11    scheduled program, activity, or service.
12    (2) Nothing in this Section requires a child to come before
13the mandated reporter in order for the reporter to make a
14report of suspected child abuse or child neglect.
15Any physician, resident, intern, hospital, hospital
16administrator and personnel engaged in examination, care and
17treatment of persons, surgeon, dentist, dentist hygienist,
18osteopath, chiropractor, podiatric physician, physician
19assistant, substance abuse treatment personnel, funeral home
20director or employee, coroner, medical examiner, emergency
21medical technician, acupuncturist, crisis line or hotline
22personnel, school personnel (including administrators and both
23certified and non-certified school employees), personnel of
24institutions of higher education, educational advocate
25assigned to a child pursuant to the School Code, member of a
26school board or the Chicago Board of Education or the governing

 

 

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1body of a private school (but only to the extent required in
2accordance with other provisions of this Section expressly
3concerning the duty of school board members to report suspected
4child abuse), truant officers, social worker, social services
5administrator, domestic violence program personnel, registered
6nurse, licensed practical nurse, genetic counselor,
7respiratory care practitioner, advanced practice registered
8nurse, home health aide, director or staff assistant of a
9nursery school or a child day care center, recreational or
10athletic program or facility personnel, early intervention
11provider as defined in the Early Intervention Services System
12Act, law enforcement officer, licensed professional counselor,
13licensed clinical professional counselor, registered
14psychologist and assistants working under the direct
15supervision of a psychologist, psychiatrist, or field
16personnel of the Department of Healthcare and Family Services,
17Juvenile Justice, Public Health, Human Services (acting as
18successor to the Department of Mental Health and Developmental
19Disabilities, Rehabilitation Services, or Public Aid),
20Corrections, Human Rights, or Children and Family Services,
21supervisor and administrator of general assistance under the
22Illinois Public Aid Code, probation officer, animal control
23officer or Illinois Department of Agriculture Bureau of Animal
24Health and Welfare field investigator, or any other foster
25parent, homemaker or child care worker having reasonable cause
26to believe a child known to them in their professional or

 

 

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1official capacity may be an abused child or a neglected child
2shall immediately report or cause a report to be made to the
3Department.
4    Any member of the clergy having reasonable cause to believe
5that a child known to that member of the clergy in his or her
6professional capacity may be an abused child as defined in item
7(c) of the definition of "abused child" in Section 3 of this
8Act shall immediately report or cause a report to be made to
9the Department.
10    Any physician, physician's assistant, registered nurse,
11licensed practical nurse, medical technician, certified
12nursing assistant, social worker, or licensed professional
13counselor of any office, clinic, or any other physical location
14that provides abortions, abortion referrals, or contraceptives
15having reasonable cause to believe a child known to him or her
16in his or her professional or official capacity may be an
17abused child or a neglected child shall immediately report or
18cause a report to be made to the Department.
19    (d) If an allegation is raised to a school board member
20during the course of an open or closed school board meeting
21that a child who is enrolled in the school district of which he
22or she is a board member is an abused child as defined in
23Section 3 of this Act, the member shall direct or cause the
24school board to direct the superintendent of the school
25district or other equivalent school administrator to comply
26with the requirements of this Act concerning the reporting of

 

 

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1child abuse. For purposes of this paragraph, a school board
2member is granted the authority in his or her individual
3capacity to direct the superintendent of the school district or
4other equivalent school administrator to comply with the
5requirements of this Act concerning the reporting of child
6abuse.
7    Notwithstanding any other provision of this Act, if an
8employee of a school district has made a report or caused a
9report to be made to the Department under this Act involving
10the conduct of a current or former employee of the school
11district and a request is made by another school district for
12the provision of information concerning the job performance or
13qualifications of the current or former employee because he or
14she is an applicant for employment with the requesting school
15district, the general superintendent of the school district to
16which the request is being made must disclose to the requesting
17school district the fact that an employee of the school
18district has made a report involving the conduct of the
19applicant or caused a report to be made to the Department, as
20required under this Act. Only the fact that an employee of the
21school district has made a report involving the conduct of the
22applicant or caused a report to be made to the Department may
23be disclosed by the general superintendent of the school
24district to which the request for information concerning the
25applicant is made, and this fact may be disclosed only in cases
26where the employee and the general superintendent have not been

 

 

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1informed by the Department that the allegations were unfounded.
2An employee of a school district who is or has been the subject
3of a report made pursuant to this Act during his or her
4employment with the school district must be informed by that
5school district that if he or she applies for employment with
6another school district, the general superintendent of the
7former school district, upon the request of the school district
8to which the employee applies, shall notify that requesting
9school district that the employee is or was the subject of such
10a report.
11    (e) Whenever such person is required to report under this
12Act in his capacity as a member of the staff of a medical or
13other public or private institution, school, facility or
14agency, or as a member of the clergy, he shall make report
15immediately to the Department in accordance with the provisions
16of this Act and may also notify the person in charge of such
17institution, school, facility or agency, or church, synagogue,
18temple, mosque, or other religious institution, or his
19designated agent that such report has been made. Under no
20circumstances shall any person in charge of such institution,
21school, facility or agency, or church, synagogue, temple,
22mosque, or other religious institution, or his designated agent
23to whom such notification has been made, exercise any control,
24restraint, modification or other change in the report or the
25forwarding of such report to the Department.
26    (f) In addition to the persons required to report suspected

 

 

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1cases of child abuse or child neglect under this Section, any
2other person may make a report if such person has reasonable
3cause to believe a child may be an abused child or a neglected
4child.
5    (g) The privileged quality of communication between any
6professional person required to report and his patient or
7client shall not apply to situations involving abused or
8neglected children and shall not constitute grounds for failure
9to report as required by this Act or constitute grounds for
10failure to share information or documents with the Department
11during the course of a child abuse or neglect investigation. If
12requested by the professional, the Department shall confirm in
13writing that the information or documents disclosed by the
14professional were gathered in the course of a child abuse or
15neglect investigation.
16    The reporting requirements of this Act shall not apply to
17the contents of a privileged communication between an attorney
18and his or her client or to confidential information within the
19meaning of Rule 1.6 of the Illinois Rules of Professional
20Conduct relating to the legal representation of an individual
21client.
22    A member of the clergy may claim the privilege under
23Section 8-803 of the Code of Civil Procedure.
24    (h) Any office, clinic, or any other physical location that
25provides abortions, abortion referrals, or contraceptives
26shall provide to all office personnel copies of written

 

 

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1information and training materials about abuse and neglect and
2the requirements of this Act that are provided to employees of
3the office, clinic, or physical location who are required to
4make reports to the Department under this Act, and instruct
5such office personnel to bring to the attention of an employee
6of the office, clinic, or physical location who is required to
7make reports to the Department under this Act any reasonable
8suspicion that a child known to him or her in his or her
9professional or official capacity may be an abused child or a
10neglected child. In addition to the above persons required to
11report suspected cases of abused or neglected children, any
12other person may make a report if such person has reasonable
13cause to believe a child may be an abused child or a neglected
14child.
15    (i) Any person who enters into employment on and after July
161, 1986 and is mandated by virtue of that employment to report
17under this Act, shall sign a statement on a form prescribed by
18the Department, to the effect that the employee has knowledge
19and understanding of the reporting requirements of this Act. On
20and after January 1, 2019, the statement shall also include
21information about available mandated reporter training
22provided by the Department. The statement shall be signed prior
23to commencement of the employment. The signed statement shall
24be retained by the employer. The cost of printing,
25distribution, and filing of the statement shall be borne by the
26employer.

 

 

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1    (j) Persons Within one year of initial employment and at
2least every 5 years thereafter, school personnel required to
3report child abuse or child neglect as provided under this
4Section must complete mandated reporter training within 3
5months of their date of engagement in a professional or
6official capacity as a mandated reporter, and at least every 3
7years thereafter. The initial 3-month requirement only applies
8to the first time they engage in their professional or official
9capacity and may be extended to 6 months pursuant to any other
10applicable State law that governs training requirements for a
11specific profession. In lieu of training every 3 years, medical
12personnel, as listed in paragraph (1) of subsection (a), must
13meet the requirements described in subsection (k).
14    The trainings shall be in-person or web-based, and shall
15include, at a minimum, information on the following topics: (i)
16indicators for recognizing child abuse and child neglect, as
17defined under this Act; (ii) the process for reporting
18suspected child abuse and child neglect in Illinois as required
19by this Act and the required documentation; (iii) responding to
20a child in a trauma-informed manner; and (iv) understanding the
21response of child protective services and the role of the
22reporter after a call has been made. Child-serving
23organizations are encouraged to provide in-person annual
24trainings.
25    The mandated reporter training shall be provided through
26the Department, through an entity authorized to provide

 

 

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1continuing education for professionals licensed through the
2Department of Financial and Professional Regulation, the State
3Board of Education, the Illinois Law Enforcement Training
4Standards Board, or the Department of State Police, or through
5an organization approved by the Department to provide mandated
6reporter training. The Department must make available a free
7web-based training for reporters.
8    Each mandated reporter shall report to his or her employer
9and, when applicable, to his or her licensing or certification
10board that he or she received the mandated reporter training.
11The mandated reporter shall maintain records of completion.
12    Beginning January 1, 2021, if a mandated reporter receives
13licensure from the Department of Financial and Professional
14Regulation or the State Board of Education, and his or her
15profession has continuing education requirements, the training
16mandated under this Section shall count toward meeting the
17licensee's required continuing education hours.
18by a provider or agency with expertise in recognizing and
19reporting child abuse.
20    (k)(1) Medical personnel, as listed in paragraph (1) of
21subsection (a), who work with children in their professional or
22official capacity, must complete mandated reporter training at
23least every 6 years. Such medical personnel, if licensed, must
24attest at each time of licensure renewal on their renewal form
25that they understand they are a mandated reporter of child
26abuse and neglect, that they are aware of the process for

 

 

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1making a report, that they know how to respond to a child in a
2trauma-informed manner, and that they are aware of the role of
3child protective services and the role of a reporter after a
4call has been made.
5    (2) In lieu of repeated training, medical personnel, as
6listed in paragraph (1) of subsection (a), who do not work with
7children in their professional or official capacity, may
8instead attest each time at licensure renewal on their renewal
9form that they understand they are a mandated reporter of child
10abuse and neglect, that they are aware of the process for
11making a report, that they know how to respond to a child in a
12trauma-informed manner, and that they are aware of the role of
13child protective services and the role of a reporter after a
14call has been made. Nothing in this paragraph precludes medical
15personnel from completing mandated reporter training and
16receiving continuing education credits for that training.
17    (l) The Department shall provide copies of this Act, upon
18request, to all employers employing persons who shall be
19required under the provisions of this Section to report under
20this Act.
21    (m) Any person who knowingly transmits a false report to
22the Department commits the offense of disorderly conduct under
23subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.
24A violation of this provision is a Class 4 felony.
25    Any person who knowingly and willfully violates any
26provision of this Section other than a second or subsequent

 

 

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1violation of transmitting a false report as described in the
2preceding paragraph, is guilty of a Class A misdemeanor for a
3first violation and a Class 4 felony for a second or subsequent
4violation; except that if the person acted as part of a plan or
5scheme having as its object the prevention of discovery of an
6abused or neglected child by lawful authorities for the purpose
7of protecting or insulating any person or entity from arrest or
8prosecution, the person is guilty of a Class 4 felony for a
9first offense and a Class 3 felony for a second or subsequent
10offense (regardless of whether the second or subsequent offense
11involves any of the same facts or persons as the first or other
12prior offense).
13    (n) A child whose parent, guardian or custodian in good
14faith selects and depends upon spiritual means through prayer
15alone for the treatment or cure of disease or remedial care may
16be considered neglected or abused, but not for the sole reason
17that his parent, guardian or custodian accepts and practices
18such beliefs.
19    (o) A child shall not be considered neglected or abused
20solely because the child is not attending school in accordance
21with the requirements of Article 26 of the School Code, as
22amended.
23    (p) Nothing in this Act prohibits a mandated reporter who
24reasonably believes that an animal is being abused or neglected
25in violation of the Humane Care for Animals Act from reporting
26animal abuse or neglect to the Department of Agriculture's

 

 

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1Bureau of Animal Health and Welfare.
2    (q) A home rule unit may not regulate the reporting of
3child abuse or neglect in a manner inconsistent with the
4provisions of this Section. This Section is a limitation under
5subsection (i) of Section 6 of Article VII of the Illinois
6Constitution on the concurrent exercise by home rule units of
7powers and functions exercised by the State.
8    (r) For purposes of this Section "child abuse or neglect"
9includes abuse or neglect of an adult resident as defined in
10this Act.
11(Source: P.A. 100-513, eff. 1-1-18; 100-1071, eff. 1-1-19.)
 
12    (325 ILCS 5/11.5)  (from Ch. 23, par. 2061.5)
13    Sec. 11.5. Public awareness program.
14    (a) No later than 6 months after the effective date of this
15amendatory Act of the 101st General Assembly, the Department of
16Children and Family Services shall develop culturally
17sensitive materials on child abuse and child neglect, the
18statewide toll-free telephone number established under Section
197.6, and the process for reporting any reasonable suspicion of
20child abuse or child neglect.
21    The Department shall reach out to businesses and
22organizations to seek assistance in raising awareness about
23child abuse and child neglect and the statewide toll-free
24telephone number established under Section 7.6, including
25posting notices. The Department shall make a model notice

 

 

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1available for download on the Department's website. The model
2notice shall:
3        (1) be available in English, Spanish, and the 2 other
4    languages most widely spoken in the State;
5        (2) be at least 8 1/2 inches by 11 inches in size and
6    written in a 16-point font;
7        (3) include the following statement:
8            "Protecting children is a responsibility we all
9        share. It is important for every person to take child
10        abuse and child neglect seriously, to be able to
11        recognize when it happens, and to know what to do next.
12        If you have reason to believe a child you know is being
13        abused or neglected, call the State's child abuse
14        hotline; and
15        (4) include the statewide toll-free telephone number
16    established under Section 7.6, and the Department's
17    website address where more information about child abuse
18    and child neglect is available.
19    (b) Within the appropriation available, the Department
20shall conduct a continuing education and training program for
21State and local staff, persons and officials required to
22report, the general public, and other persons engaged in or
23intending to engage in the prevention, identification, and
24treatment of child abuse and neglect. The program shall be
25designed to encourage the fullest degree of reporting of known
26and suspected child abuse and neglect, and to improve

 

 

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1communication, cooperation, and coordination among all
2agencies in the identification, prevention, and treatment of
3child abuse and neglect. The program shall inform the general
4public and professionals of the nature and extent of child
5abuse and neglect and their responsibilities, obligations,
6powers and immunity from liability under this Act. It may
7include information on the diagnosis of child abuse and neglect
8and the roles and procedures of the Child Protective Service
9Unit, the Department and central register, the courts and of
10the protective, treatment, and ameliorative services available
11to children and their families. Such information may also
12include special needs of mothers at risk of delivering a child
13whose life or development may be threatened by a disabling
14condition, to ensure informed consent to treatment of the
15condition and understanding of the unique child care
16responsibilities required for such a child. The program may
17also encourage parents and other persons having responsibility
18for the welfare of children to seek assistance on their own in
19meeting their child care responsibilities and encourage the
20voluntary acceptance of available services when they are
21needed. It may also include publicity and dissemination of
22information on the existence and number of the 24 hour,
23State-wide, toll-free telephone service to assist persons
24seeking assistance and to receive reports of known and
25suspected abuse and neglect.
26    (c) Within the appropriation available, the Department

 

 

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1also shall conduct a continuing education and training program
2for State and local staff involved in investigating reports of
3child abuse or neglect made under this Act. The program shall
4be designed to train such staff in the necessary and
5appropriate procedures to be followed in investigating cases
6which it appears may result in civil or criminal charges being
7filed against a person. Program subjects shall include but not
8be limited to the gathering of evidence with a view toward
9presenting such evidence in court and the involvement of State
10or local law enforcement agencies in the investigation. The
11program shall be conducted in cooperation with State or local
12law enforcement agencies, State's Attorneys and other
13components of the criminal justice system as the Department
14deems appropriate.
15(Source: P.A. 99-143, eff. 7-27-15.)".