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1 | AN ACT concerning abuse.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Humane Care for Animals Act is amended by | ||||||||||||||||||||||||||||||
5 | adding Section 18 as follows: | ||||||||||||||||||||||||||||||
6 | (510 ILCS 70/18 new)
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7 | Sec. 18. Cross-reporting.
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8 | (a) An animal control officer or humane society | ||||||||||||||||||||||||||||||
9 | investigator who has
reasonable
cause to suspect or believe | ||||||||||||||||||||||||||||||
10 | that a child is being abused or neglected or is in
danger of | ||||||||||||||||||||||||||||||
11 | being abused or
neglected must
immediately make a written or | ||||||||||||||||||||||||||||||
12 | oral report to the Department of Children and
Family
Services.
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13 | (b) Any person who is required under the Abused and | ||||||||||||||||||||||||||||||
14 | Neglected Child Reporting
Act to make a report of suspected | ||||||||||||||||||||||||||||||
15 | child abuse or neglect who has reasonable
cause to
suspect or | ||||||||||||||||||||||||||||||
16 | believe that an animal is being abused or neglected or is in | ||||||||||||||||||||||||||||||
17 | danger
of being abused or neglected in
violation of
this Act | ||||||||||||||||||||||||||||||
18 | must immediately make a written or oral report to the | ||||||||||||||||||||||||||||||
19 | Department of Agriculture's Bureau of Animal Welfare.
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20 | (c) A home rule unit may not regulate the reporting of | ||||||||||||||||||||||||||||||
21 | child abuse or neglect in a manner inconsistent with the | ||||||||||||||||||||||||||||||
22 | provisions of this Section. This Section is a limitation under | ||||||||||||||||||||||||||||||
23 | subsection (i) of Section 6 of Article VII of the Illinois |
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1 | Constitution on the concurrent exercise by home rule units of | ||||||
2 | powers and functions exercised by the State.
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3 | Section 10. The Abused and Neglected Child Reporting Act is | ||||||
4 | amended by changing Section 4 and by adding Section 11.8 as | ||||||
5 | 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 | ||||||
17 | non-certified school employees), educational
advocate assigned | ||||||
18 | to a child pursuant to the School Code, member of a school | ||||||
19 | board or the Chicago Board of Education or the governing body | ||||||
20 | of a private school (but only to the extent required in | ||||||
21 | accordance with other provisions of this Section expressly | ||||||
22 | concerning the duty of school board members to report suspected | ||||||
23 | child abuse), truant officers,
social worker, social services | ||||||
24 | administrator,
domestic violence program personnel, registered |
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1 | nurse, licensed
practical nurse, genetic counselor,
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2 | respiratory care practitioner, advanced practice nurse, home
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3 | health aide, director or staff
assistant of a nursery school or | ||||||
4 | a child day care center, recreational program
or facility | ||||||
5 | personnel, law enforcement officer, licensed professional
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6 | counselor, licensed clinical professional counselor, | ||||||
7 | registered psychologist
and
assistants working under the | ||||||
8 | direct supervision of a psychologist,
psychiatrist, or field | ||||||
9 | personnel of the Department of Healthcare and Family Services,
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10 | Juvenile Justice, Public Health, Human Services (acting as | ||||||
11 | successor to the Department of Mental
Health and Developmental | ||||||
12 | Disabilities, Rehabilitation Services, or Public Aid),
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13 | Corrections, Human Rights, or Children and Family Services, | ||||||
14 | supervisor and
administrator of general assistance under the | ||||||
15 | Illinois Public Aid Code,
probation officer, animal control | ||||||
16 | officer or humane society investigator, or any other foster | ||||||
17 | parent, homemaker or child care worker
having reasonable cause | ||||||
18 | to believe a child known to them in their professional
or | ||||||
19 | official capacity may be an abused child or a neglected child | ||||||
20 | shall
immediately report or cause a report to be made to the | ||||||
21 | Department.
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22 | Any member of the clergy having reasonable cause to believe | ||||||
23 | that a child
known to that member of the clergy in his or her | ||||||
24 | professional capacity may be
an abused child as defined in item | ||||||
25 | (c) of the definition of "abused child" in
Section 3 of this | ||||||
26 | Act shall immediately report or cause a report to be made to
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1 | the Department.
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2 | If an allegation is raised to a school board member during | ||||||
3 | the course of an open or closed school board meeting that a | ||||||
4 | child who is enrolled in the school district of which he or she | ||||||
5 | is a board member is an abused child as defined in Section 3 of | ||||||
6 | this Act, the member shall direct or cause the school board to | ||||||
7 | direct the superintendent of the school district or other | ||||||
8 | equivalent school administrator to comply with the | ||||||
9 | requirements of this Act concerning the reporting of child | ||||||
10 | abuse. For purposes of this paragraph, a school board member is | ||||||
11 | granted the authority in his or her individual capacity to | ||||||
12 | direct the superintendent of the school district or other | ||||||
13 | equivalent school administrator to comply with the | ||||||
14 | requirements of this Act concerning the reporting of child | ||||||
15 | abuse.
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16 | Whenever
such person is required to report under this Act | ||||||
17 | in his capacity as a member of
the staff of a medical or other | ||||||
18 | public or private institution, school, facility
or agency, or | ||||||
19 | as a member of the clergy, he shall
make report immediately to | ||||||
20 | the Department in accordance
with the provisions of this Act | ||||||
21 | and may also notify the person in charge of
such institution, | ||||||
22 | school, facility or agency, or church, synagogue, temple,
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23 | mosque, or other religious institution, or his
designated agent | ||||||
24 | that such
report has been made. Under no circumstances shall | ||||||
25 | any person in charge of
such institution, school, facility or | ||||||
26 | agency, or church, synagogue, temple,
mosque, or other |
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1 | religious institution, or his
designated agent to whom
such | ||||||
2 | notification has been made, exercise any control, restraint, | ||||||
3 | modification
or other change in the report or the forwarding of | ||||||
4 | such report to the
Department.
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5 | The privileged quality of communication between any | ||||||
6 | professional
person required to report
and his patient or | ||||||
7 | client shall not apply to situations involving abused or
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8 | neglected children and shall not constitute grounds for failure | ||||||
9 | to report
as required by this Act.
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10 | A member of the clergy may claim the privilege under | ||||||
11 | Section 8-803 of the
Code of Civil Procedure.
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12 | In addition to the above persons required to
report | ||||||
13 | suspected cases of abused or neglected children, any other | ||||||
14 | person
may make a report if such person has reasonable cause to | ||||||
15 | believe a child
may be an abused child or a neglected child.
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16 | Any person who enters into
employment on and after July 1, | ||||||
17 | 1986 and is mandated by virtue of that
employment to report | ||||||
18 | under this Act, shall sign a statement on a form
prescribed by | ||||||
19 | the Department, to the effect that the employee has knowledge
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20 | and understanding of the reporting requirements of this Act. | ||||||
21 | The statement
shall be signed prior to commencement of the | ||||||
22 | employment. The signed
statement shall be retained by the | ||||||
23 | employer. The cost of printing,
distribution, and filing of the | ||||||
24 | statement shall be borne by the employer.
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25 | The Department shall provide copies of this Act, upon | ||||||
26 | request, to all
employers employing persons who shall be |
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1 | required under the provisions of
this Section to report under | ||||||
2 | this Act.
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3 | Any person who knowingly transmits a false report to the | ||||||
4 | Department
commits the offense of disorderly conduct under | ||||||
5 | subsection (a)(7) of
Section 26-1 of the "Criminal Code of | ||||||
6 | 1961". Any person who violates this
provision a second or | ||||||
7 | subsequent time shall be guilty of a Class 3
felony.
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8 | Any person who knowingly and willfully violates any | ||||||
9 | provision of this
Section other than a second or subsequent | ||||||
10 | violation of transmitting a
false report as described in the
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11 | preceding paragraph, is guilty of a
Class A misdemeanor for
a | ||||||
12 | first violation and a Class
4 felony for a
second or subsequent | ||||||
13 | violation; except that if the person acted as part
of a plan or | ||||||
14 | scheme having as its object the
prevention of discovery of an | ||||||
15 | abused or neglected child by lawful authorities
for the
purpose | ||||||
16 | of protecting or insulating any person or entity from arrest or
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17 | prosecution, the
person is guilty of a Class 4 felony for a | ||||||
18 | first offense and a Class 3 felony
for a second or
subsequent | ||||||
19 | offense (regardless of whether the second or subsequent offense
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20 | involves any
of the same facts or persons as the first or other | ||||||
21 | prior offense).
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22 | A child whose parent, guardian or custodian in good faith | ||||||
23 | selects and depends
upon spiritual means through prayer alone | ||||||
24 | for the treatment or cure of
disease or remedial care may be | ||||||
25 | considered neglected or abused, but not for
the sole reason | ||||||
26 | that his parent, guardian or custodian accepts and
practices |
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1 | such beliefs.
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2 | A child shall not be considered neglected or abused solely | ||||||
3 | because the
child is not attending school in accordance with | ||||||
4 | the requirements of
Article 26 of the School Code, as amended.
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5 | A home rule unit may not regulate the reporting of child | ||||||
6 | abuse or neglect in a manner inconsistent with the provisions | ||||||
7 | of this Section. This Section is a limitation under subsection | ||||||
8 | (i) of Section 6 of Article VII of the Illinois Constitution on | ||||||
9 | the concurrent exercise by home rule units of powers and | ||||||
10 | functions exercised by the State. | ||||||
11 | (Source: P.A. 94-888, eff. 6-20-06; 95-10, eff. 6-30-07; | ||||||
12 | 95-461, eff. 8-27-07; revised 11-15-07.)
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13 | (325 ILCS 5/11.8 new)
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14 | Sec. 11.8. Cross-reporting.
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15 | (a) Any person required by this Act to make a
report of
| ||||||
16 | suspected child abuse or neglect who has reasonable cause to | ||||||
17 | suspect or believe
that an
animal is being abused or neglected | ||||||
18 | or is in danger of being abused or
neglected in violation of | ||||||
19 | the Humane Care
for Animals Act must
immediately make a written | ||||||
20 | or oral report to the Department of Agriculture's Bureau of | ||||||
21 | Animal Welfare. | ||||||
22 | (b) A home rule unit may not regulate the reporting of | ||||||
23 | child abuse or neglect in a manner inconsistent with the | ||||||
24 | provisions of this Section. This Section is a limitation under | ||||||
25 | subsection (i) of Section 6 of Article VII of the Illinois |
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| |||||||
1 | Constitution on the concurrent exercise by home rule units of | ||||||
2 | powers and functions exercised by the State.
| ||||||
3 | Section 90. The State Mandates Act is amended by adding | ||||||
4 | Section 8.32 as
follows:
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5 | (30 ILCS 805/8.32 new)
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6 | Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
7 | of this
Act, no reimbursement by the State is required for the | ||||||
8 | implementation of
any mandate created by this amendatory Act of | ||||||
9 | the 95th General Assembly.
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
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