Sen. Kimberly A. Lightford

Filed: 5/18/2023

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 376

2    AMENDMENT NO. ______. Amend Senate Bill 376 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Abused and Neglected Child Reporting Act
5is amended by changing Section 7.4 as follows:
 
6    (325 ILCS 5/7.4)  (from Ch. 23, par. 2057.4)
7    Sec. 7.4. (a) The Department shall be capable of receiving
8reports of suspected child abuse or neglect 24 hours a day, 7
9days a week. Whenever the Department receives a report
10alleging that a child is a truant as defined in Section 26-2a
11of the School Code, as now or hereafter amended, the
12Department shall notify the superintendent of the school
13district in which the child resides and the appropriate
14superintendent of the educational service region. The
15notification to the appropriate officials by the Department
16shall not be considered an allegation of abuse or neglect

 

 

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1under this Act.
2    (a-5) The Department of Children and Family Services may
3implement a "differential response program" in accordance with
4criteria, standards, and procedures prescribed by rule. The
5program may provide that, upon receiving a report, the
6Department shall determine whether to conduct a family
7assessment or an investigation as appropriate to prevent or
8provide a remedy for child abuse or neglect.
9    For purposes of this subsection (a-5), "family assessment"
10means a comprehensive assessment of child safety, risk of
11subsequent child maltreatment, and family strengths and needs
12that is applied to a child maltreatment report that does not
13allege substantial child endangerment. "Family assessment"
14does not include a determination as to whether child
15maltreatment occurred but does determine the need for services
16to address the safety of family members and the risk of
17subsequent maltreatment.
18    For purposes of this subsection (a-5), "investigation"
19means fact-gathering related to the current safety of a child
20and the risk of subsequent abuse or neglect that determines
21whether a report of suspected child abuse or neglect should be
22indicated or unfounded and whether child protective services
23are needed.
24    Under the "differential response program" implemented
25under this subsection (a-5), the Department:
26        (1) Shall conduct an investigation on reports

 

 

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1    involving substantial child abuse or neglect.
2        (2) Shall begin an immediate investigation if, at any
3    time when it is using a family assessment response, it
4    determines that there is reason to believe that
5    substantial child abuse or neglect or a serious threat to
6    the child's safety exists.
7        (3) May conduct a family assessment for reports that
8    do not allege substantial child endangerment. In
9    determining that a family assessment is appropriate, the
10    Department may consider issues, including, but not limited
11    to, child safety, parental cooperation, and the need for
12    an immediate response.
13        (4) Shall promulgate criteria, standards, and
14    procedures that shall be applied in making this
15    determination, taking into consideration the Child
16    Endangerment Risk Assessment Protocol of the Department.
17        (5) May conduct a family assessment on a report that
18    was initially screened and assigned for an investigation.
19    In determining that a complete investigation is not
20required, the Department must document the reason for
21terminating the investigation and notify the local law
22enforcement agency or the Illinois State Police if the local
23law enforcement agency or Illinois State Police is conducting
24a joint investigation.
25    Once it is determined that a "family assessment" will be
26implemented, the case shall not be reported to the central

 

 

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1register of abuse and neglect reports.
2    During a family assessment, the Department shall collect
3any available and relevant information to determine child
4safety, risk of subsequent abuse or neglect, and family
5strengths.
6    Information collected includes, but is not limited to,
7when relevant: information with regard to the person reporting
8the alleged abuse or neglect, including the nature of the
9reporter's relationship to the child and to the alleged
10offender, and the basis of the reporter's knowledge for the
11report; the child allegedly being abused or neglected; the
12alleged offender; the child's caretaker; and other collateral
13sources having relevant information related to the alleged
14abuse or neglect. Information relevant to the assessment must
15be asked for, and may include:
16        (A) The child's sex and age, prior reports of abuse or
17    neglect, information relating to developmental
18    functioning, credibility of the child's statement, and
19    whether the information provided under this paragraph (A)
20    is consistent with other information collected during the
21    course of the assessment or investigation.
22        (B) The alleged offender's age, a record check for
23    prior reports of abuse or neglect, and criminal charges
24    and convictions. The alleged offender may submit
25    supporting documentation relevant to the assessment.
26        (C) Collateral source information regarding the

 

 

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1    alleged abuse or neglect and care of the child. Collateral
2    information includes, when relevant: (i) a medical
3    examination of the child; (ii) prior medical records
4    relating to the alleged maltreatment or care of the child
5    maintained by any facility, clinic, or health care
6    professional, and an interview with the treating
7    professionals; and (iii) interviews with the child's
8    caretakers, including the child's parent, guardian, foster
9    parent, child care provider, teachers, counselors, family
10    members, relatives, and other persons who may have
11    knowledge regarding the alleged maltreatment and the care
12    of the child.
13        (D) Information on the existence of domestic abuse and
14    violence in the home of the child, and substance abuse.
15    Nothing in this subsection (a-5) precludes the Department
16from collecting other relevant information necessary to
17conduct the assessment or investigation. Nothing in this
18subsection (a-5) shall be construed to allow the name or
19identity of a reporter to be disclosed in violation of the
20protections afforded under Section 7.19 of this Act.
21    After conducting the family assessment, the Department
22shall determine whether services are needed to address the
23safety of the child and other family members and the risk of
24subsequent abuse or neglect.
25    Upon completion of the family assessment, if the
26Department concludes that no services shall be offered, then

 

 

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1the case shall be closed. If the Department concludes that
2services shall be offered, the Department shall develop a
3family preservation plan and offer or refer services to the
4family.
5    At any time during a family assessment, if the Department
6believes there is any reason to stop the assessment and
7conduct an investigation based on the information discovered,
8the Department shall do so.
9    The procedures available to the Department in conducting
10investigations under this Act shall be followed as appropriate
11during a family assessment.
12    If the Department implements a differential response
13program authorized under this subsection (a-5), the Department
14shall arrange for an independent evaluation of the program for
15at least the first 3 years of implementation to determine
16whether it is meeting the goals in accordance with Section 2 of
17this Act.
18    The Department may adopt administrative rules necessary
19for the execution of this Section, in accordance with Section
204 of the Children and Family Services Act.
21    The Department shall submit a report to the General
22Assembly by January 15, 2018 on the implementation progress
23and recommendations for additional needed legislative changes.
24    (b)(1) The following procedures shall be followed in the
25investigation of all reports of suspected abuse or neglect of
26a child, except as provided in subsection (c) of this Section.

 

 

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1    (2) If, during a family assessment authorized by
2subsection (a-5) or an investigation, it appears that the
3immediate safety or well-being of a child is endangered, that
4the family may flee or the child disappear, or that the facts
5otherwise so warrant, the Child Protective Service Unit shall
6commence an investigation immediately, regardless of the time
7of day or night. All other investigations shall be commenced
8within 24 hours of receipt of the report. Upon receipt of a
9report, the Child Protective Service Unit shall conduct a
10family assessment authorized by subsection (a-5) or begin an
11initial investigation and make an initial determination
12whether the report is a good faith indication of alleged child
13abuse or neglect.
14    (3) Based on an initial investigation, if the Unit
15determines the report is a good faith indication of alleged
16child abuse or neglect, then a formal investigation shall
17commence and, pursuant to Section 7.12 of this Act, may or may
18not result in an indicated report. The formal investigation
19shall include: direct contact with the subject or subjects of
20the report as soon as possible after the report is received; an
21evaluation of the environment of the child named in the report
22and any other children in the same environment; a
23determination of the risk to such children if they continue to
24remain in the existing environments, as well as a
25determination of the nature, extent and cause of any condition
26enumerated in such report; the name, age and condition of

 

 

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1other children in the environment; and an evaluation as to
2whether there would be an immediate and urgent necessity to
3remove the child from the environment if appropriate family
4preservation services were provided. After seeing to the
5safety of the child or children, the Department shall
6forthwith notify the subjects of the report in writing, of the
7existence of the report and their rights existing under this
8Act in regard to amendment or expungement. To fulfill the
9requirements of this Section, the Child Protective Service
10Unit shall have the capability of providing or arranging for
11comprehensive emergency services to children and families at
12all times of the day or night.
13    (4) If (i) at the conclusion of the Unit's initial
14investigation of a report, the Unit determines the report to
15be a good faith indication of alleged child abuse or neglect
16that warrants a formal investigation by the Unit, the
17Department, any law enforcement agency or any other
18responsible agency and (ii) the person who is alleged to have
19caused the abuse or neglect is employed or otherwise engaged
20in an activity resulting in frequent contact with children and
21the alleged abuse or neglect are in the course of such
22employment or activity, then the Department shall, except in
23investigations where the Director determines that such
24notification would be detrimental to the Department's
25investigation, inform the appropriate supervisor or
26administrator of that employment or activity that the Unit has

 

 

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1commenced a formal investigation pursuant to this Act, which
2may or may not result in an indicated report. The Department
3shall also notify the person being investigated, unless the
4Director determines that such notification would be
5detrimental to the Department's investigation.
6    (c) In an investigation of a report of suspected abuse or
7neglect of a child by a school employee at a school or on
8school grounds, the Department shall make reasonable efforts
9to follow the following procedures:
10        (1) Investigations involving teachers shall not, to
11    the extent possible, be conducted when the teacher is
12    scheduled to conduct classes. Investigations involving
13    other school employees shall be conducted so as to
14    minimize disruption of the school day. The school employee
15    accused of child abuse or neglect may have his superior,
16    his association or union representative and his attorney
17    present at any interview or meeting at which the teacher
18    or administrator is present. The accused school employee
19    shall be informed by a representative of the Department,
20    at any interview or meeting, of the accused school
21    employee's due process rights and of the steps in the
22    investigation process. These due process rights shall also
23    include the right of the school employee to present
24    countervailing evidence regarding the accusations. In an
25    investigation in which the alleged perpetrator of abuse or
26    neglect is a school employee, including, but not limited

 

 

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1    to, a school teacher or administrator, and the
2    recommendation is to determine the report to be indicated,
3    in addition to other procedures as set forth and defined
4    in Department rules and procedures, the employee's due
5    process rights shall also include: (i) the right to a copy
6    of the investigation summary; (ii) the right to review the
7    specific allegations which gave rise to the investigation;
8    and (iii) the right to an administrator's teleconference
9    which shall be convened to provide the school employee
10    with the opportunity to present documentary evidence or
11    other information that supports his or her position and to
12    provide information before a final finding is entered.
13        (2) If a report of neglect or abuse of a child by a
14    teacher or administrator does not involve allegations of
15    sexual abuse or extreme physical abuse, the Child
16    Protective Service Unit shall make reasonable efforts to
17    conduct the initial investigation in coordination with the
18    employee's supervisor.
19        If the Unit determines that the report is a good faith
20    indication of potential child abuse or neglect, it shall
21    then commence a formal investigation under paragraph (3)
22    of subsection (b) of this Section.
23        (3) If a report of neglect or abuse of a child by a
24    teacher or administrator involves an allegation of sexual
25    abuse or extreme physical abuse, the Child Protective Unit
26    shall commence an investigation under paragraph (2) of

 

 

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1    subsection (b) of this Section.
2    (c-5) In any instance in which a report is made or caused
3to made by a school district employee involving the conduct of
4a person employed by the school district, at the time the
5report was made, as required under Section 4 of this Act, the
6Child Protective Service Unit shall send a copy of its final
7finding report to the general superintendent of that school
8district.
9    (c-10) The Department may recommend that a school district
10remove a school employee who is the subject of an
11investigation from his or her employment position pending the
12outcome of the investigation; however, all employment
13decisions regarding school personnel shall be the sole
14responsibility of the school district or employer. The
15Department may not require a school district to remove a
16school employee from his or her employment position or limit
17the school employee's duties pending the outcome of an
18investigation.
19    (d) If the Department has contact with an employer, or
20with a religious institution or religious official having
21supervisory or hierarchical authority over a member of the
22clergy accused of the abuse of a child, in the course of its
23investigation, the Department shall notify the employer or the
24religious institution or religious official, in writing, when
25a report is unfounded so that any record of the investigation
26can be expunged from the employee's or member of the clergy's

 

 

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1personnel or other records. The Department shall also notify
2the employee or the member of the clergy, in writing, that
3notification has been sent to the employer or to the
4appropriate religious institution or religious official
5informing the employer or religious institution or religious
6official that the Department's investigation has resulted in
7an unfounded report.
8    (d-1) Whenever a report alleges that a child was abused or
9neglected while receiving care in a hospital, including a
10freestanding psychiatric hospital licensed by the Department
11of Public Health, the Department shall send a copy of its final
12finding to the Director of Public Health and the Director of
13Healthcare and Family Services.
14    (d-2) In any investigation conducted in accordance with
15this Act during which the Department refers a child to a
16board-certified child abuse pediatrician for a medical
17opinion, the following protections shall be provided to the
18parent or guardian of the child at the center of an
19investigation:
20        (1) The board-certified child abuse pediatrician must
21    explain to the parent or guardian of the child, whenever
22    the child abuse pediatrician has direct contact with the
23    child or the family of the child, that the child abuse
24    pediatrician is completing the examination of the child at
25    the request of the Department for the purpose of providing
26    an opinion to the Department regarding whether the

 

 

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1    mechanism of injury is suspicious for child maltreatment.
2    The board-certified child abuse pediatrician must explain
3    that, based on the referral, the board-certified child
4    abuse pediatrician may be required to communicate with law
5    enforcement and provide court testimony. The
6    board-certified child abuse pediatrician must also provide
7    the child's parent or guardian with accurate information
8    about his or her medical specialties, including that the
9    provider is a board-certified child abuse pediatrician. As
10    used in this subsection and in subsection (d-3),
11    "board-certified child abuse pediatrician" means an
12    individual who is certified by the Sub-board for Child
13    Abuse Pediatrics, American Board of Pediatrics.
14        (2) In any investigation where a child or a child's
15    records have been referred by the Department to a
16    board-certified child abuse pediatrician for a medical
17    opinion, the parent or guardian of the child at the center
18    of an investigation shall:
19            (A) be informed of the referral and his or her
20        right to request and receive a copy of the opinion,
21        including the basis for the opinion, and a copy of any
22        written report the board-certified child abuse
23        pediatrician has provided to the Department;
24            (B) be notified that the parent or guardian of the
25        child has the right to obtain, at his or her own
26        expense, and submit to the Department a second medical

 

 

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1        opinion at any time;
2            (C) be informed that any second medical opinion
3        submitted to the Department prior to the Department
4        rendering a final determination in the investigation
5        will be considered as inculpatory or exculpatory
6        evidence; and
7            (D) be notified of the Department's time frames
8        for the investigative process.
9    (d-3) The Department shall annually prepare and make
10available on the Department's Reports and Statistics webpage a
11report on the number of children or families referred by the
12Department to a board-certified child abuse pediatrician as
13part of an investigation of abuse or neglect by the
14Department. The report shall not contain any personally
15identifiable information about a child referred, the family
16members of such a child, or the board-certified child abuse
17pediatrician. If the number of cases in any category of
18information under items (4) through (9) of this subsection is
19less than 10, the Department shall not include that
20information in the report. The first report must be posted
21within 9 months after the effective date of this amendatory
22Act of the 103rd General Assembly. The first report and each
23annual report thereafter shall contain the following
24information regarding cases referred by the Department to a
25board-certified child abuse pediatrician:
26        (1) The total number of abuse or neglect cases

 

 

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1    referred to a board-certified child abuse pediatrician
2    that were indicated by the Department, with separate line
3    items for:
4            (A) the total number of abuse and neglect cases
5        that the Department determined were indicated but were
6        appealed and the outcomes of those appeals, organized
7        as follows:
8                (i) first, by the total number of indicated
9            cases appealed via administrative appeal hearing
10            before an administrative law judge and the
11            outcomes of those hearings; and
12                (ii) second, by the total number of cases in
13            which an administrative law judge's affirmance of
14            the indicated findings was appealed to a court and
15            the outcomes of the court's findings; and
16            (B) the total number of abuse and neglect cases
17        that were indicated by the Department but indicated as
18        to an unknown perpetrator.
19        (2) The total number of abuse or neglect cases
20    referred by the Department to a board-certified child
21    abuse pediatrician that the Department determined were
22    unfounded.
23        (3) The total number of abuse or neglect cases
24    referred by the Department to a board-certified child
25    abuse pediatrician in which a petition for adjudication of
26    wardship was filed.

 

 

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1        (4) The total number of abuse and neglect cases
2    referred by the Department to a board-certified child
3    abuse pediatrician under paragraphs (1), (2), and (3)
4    organized by abuse allegation.
5        (5) The total number of abuse and neglect cases
6    referred by the Department to a board-certified child
7    abuse pediatrician under paragraphs (1), (2), and (3)
8    organized by DCFS region.
9        (6) The total number of abuse and neglect cases
10    referred by the Department to a board-certified child
11    abuse pediatrician under paragraphs (1), (2), and (3)
12    organized by race of the child.
13        (7) The total number of abuse and neglect cases
14    referred by the Department to a board-certified child
15    abuse pediatrician under paragraphs (1), (2), and (3)
16    organized by gender of the child.
17        (8) The total number of abuse and neglect cases under
18    paragraphs (1), (2), and (3) involving children with
19    safety plans.
20        (9) The total number of abuse and neglect cases under
21    paragraphs (1), (2), and (3) where the child was put in
22    protective custody.
23    (e) Upon request by the Department, the Illinois State
24Police and law enforcement agencies are authorized to provide
25criminal history record information as defined in the Illinois
26Uniform Conviction Information Act and information maintained

 

 

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1in the adjudicatory and dispositional record system as defined
2in Section 2605-355 of the Illinois State Police Law to
3properly designated employees of the Department of Children
4and Family Services if the Department determines the
5information is necessary to perform its duties under the
6Abused and Neglected Child Reporting Act, the Child Care Act
7of 1969, and the Children and Family Services Act. The request
8shall be in the form and manner required by the Illinois State
9Police. Any information obtained by the Department of Children
10and Family Services under this Section is confidential and may
11not be transmitted outside the Department of Children and
12Family Services other than to a court of competent
13jurisdiction or unless otherwise authorized by law. Any
14employee of the Department of Children and Family Services who
15transmits confidential information in violation of this
16Section or causes the information to be transmitted in
17violation of this Section is guilty of a Class A misdemeanor
18unless the transmittal of the information is authorized by
19this Section or otherwise authorized by law.
20    (f) For purposes of this Section, "child abuse or neglect"
21includes abuse or neglect of an adult resident as defined in
22this Act.
23(Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)".