Bill Status of SB 1763   99th General Assembly


Short Description:  DCFS-ABUSED KIDS-PROFESSIONAL

Senate Sponsors
Sen. Julie A. Morrison-Heather A. Steans-Pamela J. Althoff-Jacqueline Y. Collins

House Sponsors
(Rep. Anna Moeller-Sara Feigenholtz-Silvana Tabares-Jack D. Franks-Linda Chapa LaVia and Laura Fine)


Last Action  View All Actions

DateChamber Action
  8/11/2015SenatePublic Act . . . . . . . . . 99-0350

Statutes Amended In Order of Appearance
325 ILCS 5/3from Ch. 23, par. 2053
325 ILCS 5/7.3from Ch. 23, par. 2057.3
325 ILCS 5/7.8from Ch. 23, par. 2057.8

Synopsis As Introduced
Amends the Abused and Neglected Child Reporting Act. Expands the definition of "abused child" to include a child abused by a professional working with the child in his or her professional capacity who inflicts corporal punishment. Expands the definition of "neglected child" to include a child who is subjected to an environment which is injurious insofar as (i) the child's environment creates a likelihood of harm to the child's health, physical well-being, or welfare and (ii) the likely harm to the child is the result of the conduct of a professional who, while working in his or her professional capacity with the child, neglects his or her professional responsibilities or engages in conduct that is contrary to his or her professional responsibilities. Requires the Department of Children and Family Services to adopt rules, by January 1, 2016, that address and set forth criteria and standards relevant to (1) investigations of reports of abuse or neglect committed by professionals working with children or adult residents in their professional capacity; and (2) investigations of allegations of harm to children or adult residents who are in child care facilities licensed by the Department under the Child Care Act of 1969, transitional living programs, or unlicensed foster homes. Provides that the Department is authorized and required to release information from unfounded reports as necessary in its determination to protect children and adult residents who are in child care facilities licensed by the Department under the Child Care Act of 1969.

Senate Committee Amendment No. 1
Provides that the Department of Children and Family Services is authorized and required to release information from unfounded reports, "upon request by a person who has access to the unfounded report", as necessary in its determination to protect children and adult residents who are in child care facilities licensed by the Department under the Child Care Act of 1969 (rather than the Department is authorized and required to release information from unfounded reports as necessary in its determination to protect children and adult residents who are in child care facilities licensed by the Department under the Child Care Act of 1969).

Senate Floor Amendment No. 2
Adds reference to:
20 ILCS 505/5.05 new
20 ILCS 505/5.40 new
20 ILCS 1305/10-34 new
225 ILCS 10/8.5 new

Replaces everything after the enacting clause. Amends the Children and Family Services Act. Provides that by January 1, 2016, the Department of Children and Family Services shall convene a multi-disciplinary workgroup to review treatment programs for youth in the Department's care who are victims of sex trafficking and to make recommendations regarding a continuum of care for these vulnerable youth. Requires the workgroup to: (1) conduct a survey of literature and of existing treatment program models available in the State and outside the State for youth in the Department's care who are victims of sex trafficking, taking into account whether the programs have been subject to evaluation; (2) evaluate the need for new programs in the State; (3) review existing State laws and rules that permit children to be placed in secured therapeutic residential care; and (4) make recommendations regarding a continuum of care for children in the Department's care who are victims of sex trafficking. Contains provisions concerning the composition of the workgroup and the workgroup's access to certain records and information held by the Department. Requires the workgroup to submit a report on its findings and recommendations to the General Assembly by January 1, 2017. Requires the Department to implement the workgroup's recommendations, as feasible and appropriate, by March 1, 2017 and to submit a report to the General Assembly explaining its decision to implement or to not implement each of the workgroup's recommendations. Provides that subject to appropriations, beginning January 1, 2016, the Department shall implement a 5-year pilot program of multi-dimensional treatment foster care, or a substantially similar evidence-based program of professional foster care, for (i) children entering care with severe trauma histories, with the goal of returning the child home or maintaining the child in foster care instead of placing the child in congregate care or a more restrictive setting or placement, (ii) children who require placement in foster care when they are ready for discharge from a residential treatment facility, and (iii) children who are identified for residential or group home care and who, based on a determination made by the Department, could be placed in a foster home if higher level interventions are provided. Amends the Department of Human Services Act. Provides that the Department of Human Services shall cooperate with the Department of Transportation to promote public awareness regarding the national human trafficking hotline. Provides that this includes, but is not limited to, displaying public awareness signs in high risk areas, such as, but not limited to, truck stops, bus stations, train stations, airports, and rest stops. Amends the Child Care Act of 1969. Provides that the Department of Children and Family Services shall address through rules and procedures the failure of individual staff in child care facilities or child welfare agencies to report suspected abuse or neglect of children within the child care facility or child welfare agency as required by the Abused and Neglected Child Reporting Act. Provides that the rules and procedures include certain provisions. Requires the Department to adopt rules by July 1, 2016. Amends the Abused and Neglected Child Reporting Act. Expands the definition of the terms "blatant disregard", "abused child", and "neglected child". Requires the Department of Children and Family Services to adopt rules, by June 1, 2016, that address and set forth criteria and standards relevant to investigations of reports of abuse or neglect committed by any agency or person working for an agency responsible for the welfare of a child or adult resident. Defines "agency" as a child care facility licensed under the Child Care Act of 1969 and includes a transitional living program that accepts children and adult residents for placement who are in the guardianship of the Department. Provides that the Department is authorized and required to release information from unfounded reports, upon request by a person who has access to the unfounded report, as necessary in its determination to protect children and adult residents who are in child care facilities licensed by the Department under the Child Care Act of 1969. Effective January 1, 2016, except that certain provisions effective June 1, 2016.

Senate Floor Amendment No. 3
In the changes made to the Children and Family Services Act, delays the date upon which the Department of Children and Family Services is required to implement a 5-year pilot program of multi-dimensional treatment foster care to June 1, 2016 (rather than January 1, 2016). Removes a provision requiring the Department to contract with licensed private child welfare agencies to administer the program. In the changes made to the Child Care Act of 1969, provides that the Department of Children and Family Services' rules and procedures shall include provisions for when the Department learns of the child care facility's staff's failure to report suspected abuse or neglect of children and the actions the Department will take to (i) ensure that the child care facility takes immediate action with the individual staff involved and (ii) investigate whether the failure to report suspected abuse and neglect was a single incident or part of a larger incident involving additional staff members who failed to report, or whether the failure to report suspected abuse and neglect is a system-wide problem within the child care facility or child welfare agency (rather than the rules and procedures shall include provisions for when the Department learns of the child care facility's staff's failure to report suspected abuse or neglect of children and the actions the Department will take to ensure the child care facility takes immediate action with the individual staff involved, if the failure to report suspected abuse and neglect was a single incident or part of a larger incident involving additional staff members who failed to report, or if the failure to report suspected abuse and neglect is a system-wide problem within the child care facility or child welfare agency).

Actions 
DateChamber Action
  2/20/2015SenateFiled with Secretary by Sen. Julie A. Morrison
  2/20/2015SenateFirst Reading
  2/20/2015SenateReferred to Assignments
  3/11/2015SenateAssigned to Judiciary
  3/16/2015SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Julie A. Morrison
  3/16/2015SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/17/2015SenateSenate Committee Amendment No. 1 Assignments Refers to Judiciary
  3/18/2015SenatePostponed - Judiciary
  3/18/2015SenateSenate Committee Amendment No. 1 Postponed - Judiciary
  3/24/2015SenateSenate Committee Amendment No. 1 Adopted
  3/24/2015SenateDo Pass as Amended Judiciary; 011-000-000
  3/24/2015SenatePlaced on Calendar Order of 2nd Reading March 25, 2015
  4/15/2015SenateSecond Reading
  4/15/2015SenatePlaced on Calendar Order of 3rd Reading April 16, 2015
  4/16/2015SenateAdded as Chief Co-Sponsor Sen. Heather A. Steans
  4/17/2015SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Julie A. Morrison
  4/17/2015SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/21/2015SenateSenate Floor Amendment No. 2 Assignments Refers to Judiciary
  4/22/2015SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary; 011-000-000
  4/22/2015SenateAdded as Chief Co-Sponsor Sen. Pamela J. Althoff
  4/24/2015SenateRule 2-10 Committee/3rd Reading Deadline Established As May 15, 2015
  4/24/2015SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Julie A. Morrison
  4/24/2015SenateSenate Floor Amendment No. 3 Referred to Assignments
  4/28/2015SenateSenate Floor Amendment No. 3 Assignments Refers to Judiciary
  4/29/2015SenateSenate Floor Amendment No. 3 Recommend Do Adopt Judiciary; 010-000-000
  4/29/2015SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  4/29/2015SenateRecalled to Second Reading
  4/29/2015SenateSenate Floor Amendment No. 2 Adopted; Morrison
  4/29/2015SenateSenate Floor Amendment No. 3 Adopted; Morrison
  4/29/2015SenatePlaced on Calendar Order of 3rd Reading
  4/29/2015SenateThird Reading - Passed; 053-000-000
  4/29/2015HouseArrived in House
  4/29/2015HouseChief House Sponsor Rep. Sara Feigenholtz
  4/29/2015HouseFirst Reading
  4/29/2015HouseReferred to Rules Committee
  5/11/2015HouseFinal Action Deadline Extended-9(b) May 22, 2015
  5/11/2015HouseAssigned to Judiciary - Civil Committee
  5/14/2015HouseAdded Alternate Chief Co-Sponsor Rep. Silvana Tabares
  5/18/2015HouseAdded Alternate Chief Co-Sponsor Rep. Anna Moeller
  5/19/2015HouseDo Pass / Short Debate Judiciary - Civil Committee; 011-000-000
  5/19/2015HousePlaced on Calendar 2nd Reading - Short Debate
  5/21/2015HouseSecond Reading - Short Debate
  5/21/2015HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/21/2015HouseAlternate Chief Sponsor Changed to Rep. Anna Moeller
  5/21/2015HouseAlternate Chief Co-Sponsor Removed Rep. Anna Moeller
  5/21/2015HouseAdded Alternate Chief Co-Sponsor Rep. Sara Feigenholtz
  5/22/2015HouseFinal Action Deadline Extended-9(b) May 31, 2015
  5/28/2015HouseThird Reading - Short Debate - Passed 116-000-000
  5/28/2015HouseAdded Alternate Chief Co-Sponsor Rep. Jack D. Franks
  5/28/2015HouseAdded Alternate Chief Co-Sponsor Rep. Linda Chapa LaVia
  5/28/2015SenatePassed Both Houses
  5/30/2015HouseAdded Alternate Co-Sponsor Rep. Laura Fine
  6/26/2015SenateSent to the Governor
  8/11/2015SenateGovernor Approved
  8/11/2015SenateEffective Date January 1, 2016; Some portions effective
  8/11/2015SenateEffective Date June 1, 2016; Some portions effective
  8/11/2015SenatePublic Act . . . . . . . . . 99-0350

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