Human Services Committee
Filed: 2/22/2007
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1 | AMENDMENT TO HOUSE BILL 421
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2 | AMENDMENT NO. ______. Amend House Bill 421 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Abused and Neglected Child Reporting Act is | ||||||
5 | amended by changing Sections 7 and 7.3 as follows:
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6 | (325 ILCS 5/7) (from Ch. 23, par. 2057)
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7 | Sec. 7. Time and manner of making reports. All reports of | ||||||
8 | suspected
child abuse or neglect made
under this Act shall be | ||||||
9 | made immediately by telephone to the central register
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10 | established under Section 7.7 on the single, State-wide, | ||||||
11 | toll-free telephone
number established in Section 7.6, or in | ||||||
12 | person or by telephone through
the nearest Department office. | ||||||
13 | The Department shall, in cooperation with
school officials, | ||||||
14 | distribute
appropriate materials in school buildings
listing | ||||||
15 | the toll-free telephone number established in Section 7.6,
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16 | including methods of making a report under this Act.
The |
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1 | Department may, in cooperation with appropriate members of the | ||||||
2 | clergy,
distribute appropriate materials in churches, | ||||||
3 | synagogues, temples, mosques, or
other religious buildings | ||||||
4 | listing the toll-free telephone number
established in Section | ||||||
5 | 7.6, including methods of making a report under this
Act.
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6 | Wherever the Statewide number is posted, there shall also | ||||||
7 | be posted the
following notice:
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8 | "Any person who knowingly transmits a false report to the | ||||||
9 | Department
commits the offense of disorderly conduct under | ||||||
10 | subsection (a)(7) of
Section 26-1 of the Criminal Code of 1961. | ||||||
11 | A first violation of this
subsection is a Class A misdemeanor, | ||||||
12 | punishable by a term of imprisonment
for up to one year, or by | ||||||
13 | a fine not to exceed $1,000, or by both such term
and fine. A | ||||||
14 | second or subsequent violation is a Class 4 felony."
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15 | The report required by this Act shall include, if known, | ||||||
16 | the name
and address of the child and his parents or other | ||||||
17 | persons having his
custody; the child's age; the nature of the | ||||||
18 | child's condition including any
evidence of previous injuries | ||||||
19 | or disabilities; and any other information
that the person | ||||||
20 | filing the report believes might be helpful in
establishing the | ||||||
21 | cause of such abuse or neglect and the identity of the
person | ||||||
22 | believed to have caused such abuse or neglect. Reports made to | ||||||
23 | the
central register through the State-wide, toll-free | ||||||
24 | telephone number shall
be immediately transmitted by the | ||||||
25 | Department to the appropriate Child Protective Service
Unit. | ||||||
26 | All such reports alleging the death of a child,
serious injury |
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1 | to a child including, but not limited to, brain damage,
skull | ||||||
2 | fractures, subdural hematomas, and internal injuries, torture | ||||||
3 | of a
child, malnutrition of a child, and sexual abuse to a | ||||||
4 | child, including, but
not limited to, sexual intercourse, | ||||||
5 | sexual exploitation, sexual
molestation, and sexually | ||||||
6 | transmitted disease in a child age
12 and under, shall also be | ||||||
7 | immediately transmitted by the Department to the appropriate | ||||||
8 | local law enforcement agency. The Department shall within 24 | ||||||
9 | hours orally notify local law
enforcement personnel and the | ||||||
10 | office of the State's Attorney of the
involved county of the | ||||||
11 | receipt of any report alleging the death of a child,
serious | ||||||
12 | injury to a child including, but not limited to, brain damage,
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13 | skull fractures, subdural hematomas, and, internal injuries, | ||||||
14 | torture of a
child, malnutrition of a child, and sexual abuse | ||||||
15 | to a child, including, but
not limited to, sexual intercourse, | ||||||
16 | sexual exploitation, sexual
molestation, and sexually | ||||||
17 | transmitted disease in a child age
twelve and under. All
oral | ||||||
18 | reports made by the Department to local law enforcement | ||||||
19 | personnel and
the office of the State's Attorney of the | ||||||
20 | involved county shall be
confirmed in writing within 24
48
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21 | hours of the oral report. All reports by
persons mandated to | ||||||
22 | report under this Act shall be confirmed in writing to
the | ||||||
23 | appropriate Child Protective Service Unit, which may be on | ||||||
24 | forms
supplied by the Department, within 48 hours of any | ||||||
25 | initial report.
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26 | Written confirmation reports from persons not required to |
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1 | report by this
Act may be made to the appropriate Child | ||||||
2 | Protective Service Unit. Written
reports from persons required | ||||||
3 | by this Act to report shall be admissible
in evidence in any | ||||||
4 | judicial proceeding relating to child abuse or neglect.
Reports | ||||||
5 | involving known or suspected child abuse or neglect in public | ||||||
6 | or
private residential agencies or institutions shall be made | ||||||
7 | and received
in the same manner as all other reports made under | ||||||
8 | this Act.
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9 | (Source: P.A. 92-801, eff. 8-16-02.)
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10 | (325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
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11 | Sec. 7.3. (a) The Department shall be the sole agency | ||||||
12 | responsible for receiving
and investigating reports of child | ||||||
13 | abuse or neglect made under this Act,
except where | ||||||
14 | investigations by other agencies may be required with
respect | ||||||
15 | to reports alleging the death of a child, serious injury to a | ||||||
16 | child
or sexual abuse to a child made pursuant to Sections 4.1 | ||||||
17 | or 7 of this Act,
and except that the Department may delegate | ||||||
18 | the performance of the
investigation to the Department of State | ||||||
19 | Police, a law enforcement agency
and to those private social | ||||||
20 | service agencies which have been designated for
this purpose by | ||||||
21 | the Department prior to July 1, 1980.
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22 | (b) Notwithstanding any other provision of this Act, the | ||||||
23 | Department shall adopt rules expressly allowing law | ||||||
24 | enforcement personnel to investigate reports of suspected | ||||||
25 | child abuse or neglect concurrently with the Department, |
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1 | without regard to whether the Department determines a report to | ||||||
2 | be "indicated" or "unfounded" or deems a report to be | ||||||
3 | "undetermined".
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4 | (Source: P.A. 85-1440.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
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