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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) | ||||||
7 | Sec. 18. Cross-reporting. | ||||||
8 | (a) An animal control officer, Department investigator, or | ||||||
9 | approved humane investigator who has reasonable cause to | ||||||
10 | suspect or believe that a child is being abused or neglected or | ||||||
11 | is in danger of being abused or neglected must immediately make | ||||||
12 | a written or oral report to the Department of Children and | ||||||
13 | Family Services. | ||||||
14 | (b) Investigation Specialists, Intact Family Specialists, | ||||||
15 | and Placement Specialists employed by the Department of | ||||||
16 | Children and Family Services who reasonably believe that an | ||||||
17 | animal observed by them when in their professional or official | ||||||
18 | capacity is being abused or neglected in violation of this Act | ||||||
19 | must immediately make a written or oral report to the | ||||||
20 | Department of Agriculture's Bureau of Animal Health and | ||||||
21 | Welfare. | ||||||
22 | (c) Any person, institution, or agency described in | ||||||
23 | subsection (b), participating in good faith in the making of a |
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1 | report or referral, or in the investigation of such a report or | ||||||
2 | referral, or in making a disclosure of information concerning | ||||||
3 | reports of abuse or neglect under this Act, shall have immunity | ||||||
4 | from any liability, civil, criminal, or otherwise, that might | ||||||
5 | result by reason of such actions. For the purpose of any | ||||||
6 | proceedings, civil or criminal, the good faith of any persons | ||||||
7 | required to report or refer, or permitted to report, cases of | ||||||
8 | suspected animal abuse or neglect, or permitted to refer | ||||||
9 | individuals under this Act or required to disclose information | ||||||
10 | concerning reports of animal abuse and neglect in compliance | ||||||
11 | with this Act, shall be presumed. | ||||||
12 | (d) The identity of any person who reports animal abuse or | ||||||
13 | neglect under subsection (b) shall be confidential and shall | ||||||
14 | not be disclosed except as specifically authorized by this Act | ||||||
15 | or other applicable law. | ||||||
16 | (e) A home rule unit may not regulate the reporting of | ||||||
17 | child abuse or neglect in a manner inconsistent with the | ||||||
18 | provisions of this Section. This Section is a limitation under | ||||||
19 | subsection (i) of Section 6 of Article VII of the Illinois | ||||||
20 | Constitution on the concurrent exercise by home rule units of | ||||||
21 | powers and functions exercised by the State. | ||||||
22 | Section 10. The Abused and Neglected Child Reporting Act is | ||||||
23 | amended by changing Section 4 and by adding Section 11.8 as | ||||||
24 | follows:
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1 | (325 ILCS 5/4) (from Ch. 23, par. 2054)
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2 | Sec. 4. Persons required to report; privileged | ||||||
3 | communications;
transmitting false report. Any physician, | ||||||
4 | resident, intern, hospital,
hospital administrator
and | ||||||
5 | personnel engaged in examination, care and treatment of | ||||||
6 | persons, surgeon,
dentist, dentist hygienist, osteopath, | ||||||
7 | chiropractor, podiatrist, physician
assistant, substance abuse | ||||||
8 | treatment personnel, funeral home
director or employee, | ||||||
9 | coroner, medical examiner, emergency medical technician,
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10 | acupuncturist, crisis line or hotline personnel, school | ||||||
11 | personnel (including administrators and both certified and | ||||||
12 | non-certified school employees), educational
advocate assigned | ||||||
13 | to a child pursuant to the School Code, member of a school | ||||||
14 | board or the Chicago Board of Education or the governing body | ||||||
15 | of a private school (but only to the extent required in | ||||||
16 | accordance with other provisions of this Section expressly | ||||||
17 | concerning the duty of school board members to report suspected | ||||||
18 | child abuse), truant officers,
social worker, social services | ||||||
19 | administrator,
domestic violence program personnel, registered | ||||||
20 | nurse, licensed
practical nurse, genetic counselor,
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21 | respiratory care practitioner, advanced practice nurse, home
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22 | health aide, director or staff
assistant of a nursery school or | ||||||
23 | a child day care center, recreational program
or facility | ||||||
24 | personnel, law enforcement officer, licensed professional
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25 | counselor, licensed clinical professional counselor, | ||||||
26 | registered psychologist
and
assistants working under the |
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1 | direct supervision of a psychologist,
psychiatrist, or field | ||||||
2 | personnel of the Department of Healthcare and Family Services,
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3 | Juvenile Justice, Public Health, Human Services (acting as | ||||||
4 | successor to the Department of Mental
Health and Developmental | ||||||
5 | Disabilities, Rehabilitation Services, or Public Aid),
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6 | Corrections, Human Rights, or Children and Family Services, | ||||||
7 | supervisor and
administrator of general assistance under the | ||||||
8 | Illinois Public Aid Code,
probation officer, animal control | ||||||
9 | officer or Illinois Department of Agriculture Bureau of Animal | ||||||
10 | Health and Welfare field investigator, or any other foster | ||||||
11 | parent, homemaker or child care worker
having reasonable cause | ||||||
12 | to believe a child known to them in their professional
or | ||||||
13 | official capacity may be an abused child or a neglected child | ||||||
14 | shall
immediately report or cause a report to be made to the | ||||||
15 | Department.
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16 | Any member of the clergy having reasonable cause to believe | ||||||
17 | that a child
known to that member of the clergy in his or her | ||||||
18 | professional capacity may be
an abused child as defined in item | ||||||
19 | (c) of the definition of "abused child" in
Section 3 of this | ||||||
20 | Act shall immediately report or cause a report to be made to
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21 | the Department.
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22 | If an allegation is raised to a school board member during | ||||||
23 | the course of an open or closed school board meeting that a | ||||||
24 | child who is enrolled in the school district of which he or she | ||||||
25 | is a board member is an abused child as defined in Section 3 of | ||||||
26 | this Act, the member shall direct or cause the school board to |
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1 | direct the superintendent of the school district or other | ||||||
2 | equivalent school administrator to comply with the | ||||||
3 | requirements of this Act concerning the reporting of child | ||||||
4 | abuse. For purposes of this paragraph, a school board member is | ||||||
5 | granted the authority in his or her individual capacity to | ||||||
6 | direct the superintendent of the school district or other | ||||||
7 | equivalent school administrator to comply with the | ||||||
8 | requirements of this Act concerning the reporting of child | ||||||
9 | abuse.
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10 | Whenever
such person is required to report under this Act | ||||||
11 | in his capacity as a member of
the staff of a medical or other | ||||||
12 | public or private institution, school, facility
or agency, or | ||||||
13 | as a member of the clergy, he shall
make report immediately to | ||||||
14 | the Department in accordance
with the provisions of this Act | ||||||
15 | and may also notify the person in charge of
such institution, | ||||||
16 | school, facility or agency, or church, synagogue, temple,
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17 | mosque, or other religious institution, or his
designated agent | ||||||
18 | that such
report has been made. Under no circumstances shall | ||||||
19 | any person in charge of
such institution, school, facility or | ||||||
20 | agency, or church, synagogue, temple,
mosque, or other | ||||||
21 | religious institution, or his
designated agent to whom
such | ||||||
22 | notification has been made, exercise any control, restraint, | ||||||
23 | modification
or other change in the report or the forwarding of | ||||||
24 | such report to the
Department.
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25 | The privileged quality of communication between any | ||||||
26 | professional
person required to report
and his patient or |
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1 | client shall not apply to situations involving abused or
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2 | neglected children and shall not constitute grounds for failure | ||||||
3 | to report
as required by this Act.
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4 | A member of the clergy may claim the privilege under | ||||||
5 | Section 8-803 of the
Code of Civil Procedure.
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6 | In addition to the above persons required to
report | ||||||
7 | suspected cases of abused or neglected children, any other | ||||||
8 | person
may make a report if such person has reasonable cause to | ||||||
9 | believe a child
may be an abused child or a neglected child.
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10 | Any person who enters into
employment on and after July 1, | ||||||
11 | 1986 and is mandated by virtue of that
employment to report | ||||||
12 | under this Act, shall sign a statement on a form
prescribed by | ||||||
13 | the Department, to the effect that the employee has knowledge
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14 | and understanding of the reporting requirements of this Act. | ||||||
15 | The statement
shall be signed prior to commencement of the | ||||||
16 | employment. The signed
statement shall be retained by the | ||||||
17 | employer. The cost of printing,
distribution, and filing of the | ||||||
18 | statement shall be borne by the employer.
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19 | The Department shall provide copies of this Act, upon | ||||||
20 | request, to all
employers employing persons who shall be | ||||||
21 | required under the provisions of
this Section to report under | ||||||
22 | this Act.
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23 | Any person who knowingly transmits a false report to the | ||||||
24 | Department
commits the offense of disorderly conduct under | ||||||
25 | subsection (a)(7) of
Section 26-1 of the "Criminal Code of | ||||||
26 | 1961". Any person who violates this
provision a second or |
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1 | subsequent time shall be guilty of a Class 3
felony.
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2 | Any person who knowingly and willfully violates any | ||||||
3 | provision of this
Section other than a second or subsequent | ||||||
4 | violation of transmitting a
false report as described in the
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5 | preceding paragraph, is guilty of a
Class A misdemeanor for
a | ||||||
6 | first violation and a Class
4 felony for a
second or subsequent | ||||||
7 | violation; except that if the person acted as part
of a plan or | ||||||
8 | scheme having as its object the
prevention of discovery of an | ||||||
9 | abused or neglected child by lawful authorities
for the
purpose | ||||||
10 | of protecting or insulating any person or entity from arrest or
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11 | prosecution, the
person is guilty of a Class 4 felony for a | ||||||
12 | first offense and a Class 3 felony
for a second or
subsequent | ||||||
13 | offense (regardless of whether the second or subsequent offense
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14 | involves any
of the same facts or persons as the first or other | ||||||
15 | prior offense).
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16 | A child whose parent, guardian or custodian in good faith | ||||||
17 | selects and depends
upon spiritual means through prayer alone | ||||||
18 | for the treatment or cure of
disease or remedial care may be | ||||||
19 | considered neglected or abused, but not for
the sole reason | ||||||
20 | that his parent, guardian or custodian accepts and
practices | ||||||
21 | such beliefs.
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22 | A child shall not be considered neglected or abused solely | ||||||
23 | because the
child is not attending school in accordance with | ||||||
24 | the requirements of
Article 26 of the School Code, as amended. | ||||||
25 | Nothing in this Act prohibits a mandated reporter who | ||||||
26 | reasonably believes that an animal is being abused or neglected |
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1 | in violation of the Humane Care for Animals Act from reporting | ||||||
2 | animal abuse or neglect to the Department of Agriculture's | ||||||
3 | Bureau of Animal Health and Welfare. | ||||||
4 | A home rule unit may not regulate the reporting of child | ||||||
5 | abuse or neglect in a manner inconsistent with the provisions | ||||||
6 | of this Section. This Section is a limitation under subsection | ||||||
7 | (i) of Section 6 of Article VII of the Illinois Constitution on | ||||||
8 | the concurrent exercise by home rule units of powers and | ||||||
9 | functions exercised by the State.
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10 | (Source: P.A. 94-888, eff. 6-20-06; 95-10, eff. 6-30-07; | ||||||
11 | 95-461, eff. 8-27-07; revised 11-15-07.)
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12 | (325 ILCS 5/11.8 new) | ||||||
13 | Sec. 11.8. Cross-reporting. | ||||||
14 | (a) Investigation Specialists, Intact Family Specialists, | ||||||
15 | and Placement Specialists employed by the Department of | ||||||
16 | Children and Family Services who reasonably believe that an | ||||||
17 | animal observed by them when in their professional or official | ||||||
18 | capacity is being abused or neglected in violation of the | ||||||
19 | Humane Care for Animals Act must immediately make a written or | ||||||
20 | oral report to the Department of Agriculture's Bureau of Animal | ||||||
21 | Health and 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 15. The State Mandates Act is amended by adding | ||||||
4 | Section 8.32 as follows: | ||||||
5 | (30 ILCS 805/8.32 new) | ||||||
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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