Rep. Dan Brady
Filed: 5/16/2007
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1 | AMENDMENT TO HOUSE BILL 3170
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2 | AMENDMENT NO. ______. Amend House Bill 3170 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 4 and 9 as follows:
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6 | (325 ILCS 5/4) (from Ch. 23, par. 2054)
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7 | Sec. 4. Persons required to report; privileged | ||||||
8 | communications;
transmitting false report. Any physician, | ||||||
9 | resident, intern, hospital,
hospital administrator
and | ||||||
10 | personnel engaged in examination, care and treatment of | ||||||
11 | persons, surgeon,
dentist, dentist hygienist, osteopath, | ||||||
12 | chiropractor, podiatrist, physician
assistant, substance abuse | ||||||
13 | treatment personnel, funeral home
director or employee, | ||||||
14 | coroner, medical examiner, emergency medical technician,
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15 | acupuncturist, crisis line or hotline personnel, school | ||||||
16 | personnel (including administrators and both certified and |
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1 | non-certified school employees), educational
advocate assigned | ||||||
2 | to a child pursuant to the School Code, truant officers,
social | ||||||
3 | worker, social services administrator,
domestic violence | ||||||
4 | program personnel, registered nurse, licensed
practical nurse, | ||||||
5 | genetic counselor,
respiratory care practitioner, advanced | ||||||
6 | practice nurse, home
health aide, director or staff
assistant | ||||||
7 | of a nursery school or a child day care center, recreational | ||||||
8 | program
or facility personnel, law enforcement officer, | ||||||
9 | licensed professional
counselor, licensed clinical | ||||||
10 | professional counselor, registered psychologist
and
assistants | ||||||
11 | working under the direct supervision of a psychologist,
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12 | psychiatrist, or field personnel of the Department of | ||||||
13 | Healthcare and Family Services,
Public Health, Human Services | ||||||
14 | (acting as successor to the Department of Mental
Health and | ||||||
15 | Developmental Disabilities, Rehabilitation Services, or Public | ||||||
16 | Aid),
Corrections, Human Rights, or Children and Family | ||||||
17 | Services, supervisor and
administrator of general assistance | ||||||
18 | under the Illinois Public Aid Code,
probation officer, or any | ||||||
19 | other foster parent, homemaker or child care worker
having | ||||||
20 | reasonable cause to believe a child known to them in their | ||||||
21 | professional
or official capacity may be an abused child or a | ||||||
22 | neglected child shall
immediately report or cause a report to | ||||||
23 | be made to the Department.
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24 | Any member of the clergy having reasonable cause to believe | ||||||
25 | that a child
known to that member of the clergy in his or her | ||||||
26 | professional capacity may be
an abused child as defined in item |
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1 | (c) of the definition of "abused child" in
Section 3 of this | ||||||
2 | Act shall immediately report or cause a report to be made to
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3 | the Department.
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4 | If an allegation is raised to a school board member during | ||||||
5 | the course of an open or closed school board meeting that a | ||||||
6 | child who is enrolled in the school district of which he or she | ||||||
7 | is a board member is an abused child as defined in Section 3 of | ||||||
8 | this Act, the member shall direct or cause the school board to | ||||||
9 | direct the superintendent of the school district or other | ||||||
10 | equivalent school administrator to comply with the | ||||||
11 | requirements of this Act concerning the reporting of child | ||||||
12 | abuse. For purposes of this paragraph, a school board member is | ||||||
13 | granted the authority in his or her individual capacity to | ||||||
14 | direct the superintendent of the school district or other | ||||||
15 | equivalent school administrator to comply with the | ||||||
16 | requirements of this Act concerning the reporting of child | ||||||
17 | abuse.
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18 | Notwithstanding any other provision of this Act, if an | ||||||
19 | employee of a school district has made a report or caused a | ||||||
20 | report to be made to the Department under this Act involving | ||||||
21 | the conduct of a current or former employee of the school | ||||||
22 | district and a request is made by another school district for | ||||||
23 | the provision of information concerning the job performance or | ||||||
24 | qualifications of the current or former employee because he or | ||||||
25 | she is an applicant for employment with the requesting school | ||||||
26 | district, the school district to which the request is being |
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1 | made must disclose to the requesting school district the fact | ||||||
2 | that an employee of the school district has made a report | ||||||
3 | involving the conduct of the applicant or caused a report to be | ||||||
4 | made to the Department, as required under this Act. Only the | ||||||
5 | fact that an employee of the school district has made a report | ||||||
6 | involving the conduct of the applicant or caused a report to be | ||||||
7 | made to the Department may be disclosed by the school district | ||||||
8 | to which the request for information concerning the applicant | ||||||
9 | is made, and this fact may be disclosed only in cases where the | ||||||
10 | employee has not been informed by the Department that the | ||||||
11 | allegations were unfounded. An employee of a school district | ||||||
12 | who is or has been the subject of a report made pursuant to | ||||||
13 | this Act during his or her employment with the school district | ||||||
14 | must be informed by that school district that if he or she | ||||||
15 | applies for employment with another school district, the former | ||||||
16 | school district, upon the request of the school district to | ||||||
17 | which the employee applies, shall notify that requesting school | ||||||
18 | district that the employee is or was the subject of such a | ||||||
19 | report.
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20 | Whenever
such person is required to report under this Act | ||||||
21 | in his capacity as a member of
the staff of a medical or other | ||||||
22 | public or private institution, school, facility
or agency, or | ||||||
23 | as a member of the clergy, he shall
make report immediately to | ||||||
24 | the Department in accordance
with the provisions of this Act | ||||||
25 | and may also notify the person in charge of
such institution, | ||||||
26 | school, facility or agency, or church, synagogue, temple,
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1 | mosque, or other religious institution, or his
designated agent | ||||||
2 | that such
report has been made. Under no circumstances shall | ||||||
3 | any person in charge of
such institution, school, facility or | ||||||
4 | agency, or church, synagogue, temple,
mosque, or other | ||||||
5 | religious institution, or his
designated agent to whom
such | ||||||
6 | notification has been made, exercise any control, restraint, | ||||||
7 | modification
or other change in the report or the forwarding of | ||||||
8 | such report to the
Department.
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9 | The privileged quality of communication between any | ||||||
10 | professional
person required to report
and his patient or | ||||||
11 | client shall not apply to situations involving abused or
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12 | neglected children and shall not constitute grounds for failure | ||||||
13 | to report
as required by this Act.
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14 | A member of the clergy may claim the privilege under | ||||||
15 | Section 8-803 of the
Code of Civil Procedure.
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16 | In addition to the above persons required to
report | ||||||
17 | suspected cases of abused or neglected children, any other | ||||||
18 | person
may make a report if such person has reasonable cause to | ||||||
19 | believe a child
may be an abused child or a neglected child.
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20 | Any person who enters into
employment on and after July 1, | ||||||
21 | 1986 and is mandated by virtue of that
employment to report | ||||||
22 | under this Act, shall sign a statement on a form
prescribed by | ||||||
23 | the Department, to the effect that the employee has knowledge
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24 | and understanding of the reporting requirements of this Act. | ||||||
25 | The statement
shall be signed prior to commencement of the | ||||||
26 | employment. The signed
statement shall be retained by the |
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1 | employer. The cost of printing,
distribution, and filing of the | ||||||
2 | statement shall be borne by the employer.
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3 | The Department shall provide copies of this Act, upon | ||||||
4 | request, to all
employers employing persons who shall be | ||||||
5 | required under the provisions of
this Section to report under | ||||||
6 | this Act.
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7 | Any person who knowingly transmits a false report to the | ||||||
8 | Department
commits the offense of disorderly conduct under | ||||||
9 | subsection (a)(7) of
Section 26-1 of the "Criminal Code of | ||||||
10 | 1961". Any person who violates this
provision a second or | ||||||
11 | subsequent time shall be guilty of a Class 3
felony.
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12 | Any person who knowingly and willfully violates any | ||||||
13 | provision of this
Section other than a second or subsequent | ||||||
14 | violation of transmitting a
false report as described in the
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15 | preceding paragraph, is guilty of a Class A misdemeanor for
a | ||||||
16 | first violation and a Class 4 felony for a
second or subsequent | ||||||
17 | violation; except that if the person acted as part
of a plan or | ||||||
18 | scheme having as its object the
prevention of discovery of an | ||||||
19 | abused or neglected child by lawful authorities
for the
purpose | ||||||
20 | of protecting or insulating any person or entity from arrest or
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21 | prosecution, the
person is guilty of a Class 4 felony for a | ||||||
22 | first offense and a Class 3 felony
for a second or
subsequent | ||||||
23 | offense (regardless of whether the second or subsequent offense
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24 | involves any
of the same facts or persons as the first or other | ||||||
25 | prior offense).
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26 | A child whose parent, guardian or custodian in good faith |
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1 | selects and depends
upon spiritual means through prayer alone | ||||||
2 | for the treatment or cure of
disease or remedial care may be | ||||||
3 | considered neglected or abused, but not for
the sole reason | ||||||
4 | that his parent, guardian or custodian accepts and
practices | ||||||
5 | such beliefs.
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6 | A child shall not be considered neglected or abused solely | ||||||
7 | because the
child is not attending school in accordance with | ||||||
8 | the requirements of
Article 26 of the School Code, as amended.
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9 | (Source: P.A. 93-137, eff. 7-10-03; 93-356, eff. 7-24-03; | ||||||
10 | 93-431, eff. 8-5-03; 93-1041, eff. 9-29-04; 94-888, eff. | ||||||
11 | 6-20-06.)
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12 | (325 ILCS 5/9) (from Ch. 23, par. 2059)
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13 | Sec. 9. Any person, institution or agency, under this Act, | ||||||
14 | participating
in good faith in the making of a report or | ||||||
15 | referral, or in the investigation of
such a report or referral | ||||||
16 | or in the taking of photographs and x-rays
or in the retaining | ||||||
17 | a child in temporary protective custody or in making a
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18 | disclosure of information concerning reports of child abuse and | ||||||
19 | neglect in
compliance with Sections 4.2 and 11.1 of this Act or | ||||||
20 | Section 4, as it relates to disclosure by school personnel and | ||||||
21 | except in cases of wilful or wanton misconduct, shall have | ||||||
22 | immunity
from any liability, civil,
criminal or that otherwise | ||||||
23 | might result by reason of such actions. For
the purpose of any | ||||||
24 | proceedings,
civil or criminal, the good faith of any persons | ||||||
25 | required to report or refer,
or permitted to report,
cases of |
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1 | suspected child abuse or neglect or permitted to refer
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2 | individuals under this Act or required to disclose information | ||||||
3 | concerning
reports of child abuse and neglect in compliance | ||||||
4 | with Sections 4.2 and 11.1
of this Act, shall be presumed.
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5 | (Source: P.A. 90-15, eff. 6-13-97.)
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
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