HB0831 EngrossedLRB101 07068 KTG 52105 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Sections 7.4, 7.8, and 11.1 and by adding
6Section 4.4c as follows:
 
7    (325 ILCS 5/4.4c new)
8    Sec. 4.4c. Duty to notify the Directors of Public Health
9and Healthcare and Family Services. Whenever the Department
10receives, by means of its statewide toll-free telephone number
11established under Section 7.6 for the purpose of reporting
12suspected child abuse or neglect or by any other means or from
13any mandated reporter under Section 4, a report of suspected
14abuse or neglect of a child and the child is alleged to have
15been abused or neglected while receiving care in a hospital,
16including a freestanding psychiatric hospital licensed by the
17Department of Public Health, the Department shall notify the
18Director of Public Health and the Director of Healthcare and
19Family Services of the report.
 
20    (325 ILCS 5/7.4)  (from Ch. 23, par. 2057.4)
21    Sec. 7.4. (a) The Department shall be capable of receiving
22reports of suspected child abuse or neglect 24 hours a day, 7

 

 

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1days a week. Whenever the Department receives a report alleging
2that a child is a truant as defined in Section 26-2a of the
3School Code, as now or hereafter amended, the Department shall
4notify the superintendent of the school district in which the
5child resides and the appropriate superintendent of the
6educational service region. The notification to the
7appropriate officials by the Department shall not be considered
8an allegation of abuse or neglect under this Act.
9    (a-5) The Department of Children and Family Services may
10implement a "differential response program" in accordance with
11criteria, standards, and procedures prescribed by rule. The
12program may provide that, upon receiving a report, the
13Department shall determine whether to conduct a family
14assessment or an investigation as appropriate to prevent or
15provide a remedy for child abuse or neglect.
16    For purposes of this subsection (a-5), "family assessment"
17means a comprehensive assessment of child safety, risk of
18subsequent child maltreatment, and family strengths and needs
19that is applied to a child maltreatment report that does not
20allege substantial child endangerment. "Family assessment"
21does not include a determination as to whether child
22maltreatment occurred but does determine the need for services
23to address the safety of family members and the risk of
24subsequent maltreatment.
25    For purposes of this subsection (a-5), "investigation"
26means fact-gathering related to the current safety of a child

 

 

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1and the risk of subsequent abuse or neglect that determines
2whether a report of suspected child abuse or neglect should be
3indicated or unfounded and whether child protective services
4are needed.
5    Under the "differential response program" implemented
6under this subsection (a-5), the Department:
7        (1) Shall conduct an investigation on reports
8    involving substantial child abuse or neglect.
9        (2) Shall begin an immediate investigation if, at any
10    time when it is using a family assessment response, it
11    determines that there is reason to believe that substantial
12    child abuse or neglect or a serious threat to the child's
13    safety exists.
14        (3) May conduct a family assessment for reports that do
15    not allege substantial child endangerment. In determining
16    that a family assessment is appropriate, the Department may
17    consider issues, including, but not limited to, child
18    safety, parental cooperation, and the need for an immediate
19    response.
20        (4) Shall promulgate criteria, standards, and
21    procedures that shall be applied in making this
22    determination, taking into consideration the Child
23    Endangerment Risk Assessment Protocol of the Department.
24        (5) May conduct a family assessment on a report that
25    was initially screened and assigned for an investigation.
26    In determining that a complete investigation is not

 

 

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1required, the Department must document the reason for
2terminating the investigation and notify the local law
3enforcement agency or the Department of State Police if the
4local law enforcement agency or Department of State Police is
5conducting a joint investigation.
6    Once it is determined that a "family assessment" will be
7implemented, the case shall not be reported to the central
8register of abuse and neglect reports.
9    During a family assessment, the Department shall collect
10any available and relevant information to determine child
11safety, risk of subsequent abuse or neglect, and family
12strengths.
13    Information collected includes, but is not limited to, when
14relevant: information with regard to the person reporting the
15alleged abuse or neglect, including the nature of the
16reporter's relationship to the child and to the alleged
17offender, and the basis of the reporter's knowledge for the
18report; the child allegedly being abused or neglected; the
19alleged offender; the child's caretaker; and other collateral
20sources having relevant information related to the alleged
21abuse or neglect. Information relevant to the assessment must
22be asked for, and may include:
23        (A) The child's sex and age, prior reports of abuse or
24    neglect, information relating to developmental
25    functioning, credibility of the child's statement, and
26    whether the information provided under this paragraph (A)

 

 

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1    is consistent with other information collected during the
2    course of the assessment or investigation.
3        (B) The alleged offender's age, a record check for
4    prior reports of abuse or neglect, and criminal charges and
5    convictions. The alleged offender may submit supporting
6    documentation relevant to the assessment.
7        (C) Collateral source information regarding the
8    alleged abuse or neglect and care of the child. Collateral
9    information includes, when relevant: (i) a medical
10    examination of the child; (ii) prior medical records
11    relating to the alleged maltreatment or care of the child
12    maintained by any facility, clinic, or health care
13    professional, and an interview with the treating
14    professionals; and (iii) interviews with the child's
15    caretakers, including the child's parent, guardian, foster
16    parent, child care provider, teachers, counselors, family
17    members, relatives, and other persons who may have
18    knowledge regarding the alleged maltreatment and the care
19    of the child.
20        (D) Information on the existence of domestic abuse and
21    violence in the home of the child, and substance abuse.
22    Nothing in this subsection (a-5) precludes the Department
23from collecting other relevant information necessary to
24conduct the assessment or investigation. Nothing in this
25subsection (a-5) shall be construed to allow the name or
26identity of a reporter to be disclosed in violation of the

 

 

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1protections afforded under Section 7.19 of this Act.
2    After conducting the family assessment, the Department
3shall determine whether services are needed to address the
4safety of the child and other family members and the risk of
5subsequent abuse or neglect.
6    Upon completion of the family assessment, if the Department
7concludes that no services shall be offered, then the case
8shall be closed. If the Department concludes that services
9shall be offered, the Department shall develop a family
10preservation plan and offer or refer services to the family.
11    At any time during a family assessment, if the Department
12believes there is any reason to stop the assessment and conduct
13an investigation based on the information discovered, the
14Department shall do so.
15    The procedures available to the Department in conducting
16investigations under this Act shall be followed as appropriate
17during a family assessment.
18    If the Department implements a differential response
19program authorized under this subsection (a-5), the Department
20shall arrange for an independent evaluation of the program for
21at least the first 3 years of implementation to determine
22whether it is meeting the goals in accordance with Section 2 of
23this Act.
24    The Department may adopt administrative rules necessary
25for the execution of this Section, in accordance with Section 4
26of the Children and Family Services Act.

 

 

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1    The Department shall submit a report to the General
2Assembly by January 15, 2018 on the implementation progress and
3recommendations for additional needed legislative changes.
4    (b)(1) The following procedures shall be followed in the
5investigation of all reports of suspected abuse or neglect of a
6child, except as provided in subsection (c) of this Section.
7    (2) If, during a family assessment authorized by subsection
8(a-5) or an investigation, it appears that the immediate safety
9or well-being of a child is endangered, that the family may
10flee or the child disappear, or that the facts otherwise so
11warrant, the Child Protective Service Unit shall commence an
12investigation immediately, regardless of the time of day or
13night. All other investigations shall be commenced within 24
14hours of receipt of the report. Upon receipt of a report, the
15Child Protective Service Unit shall conduct a family assessment
16authorized by subsection (a-5) or begin an initial
17investigation and make an initial determination whether the
18report is a good faith indication of alleged child abuse or
19neglect.
20    (3) Based on an initial investigation, if the Unit
21determines the report is a good faith indication of alleged
22child abuse or neglect, then a formal investigation shall
23commence and, pursuant to Section 7.12 of this Act, may or may
24not result in an indicated report. The formal investigation
25shall include: direct contact with the subject or subjects of
26the report as soon as possible after the report is received; an

 

 

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1evaluation of the environment of the child named in the report
2and any other children in the same environment; a determination
3of the risk to such children if they continue to remain in the
4existing environments, as well as a determination of the
5nature, extent and cause of any condition enumerated in such
6report; the name, age and condition of other children in the
7environment; and an evaluation as to whether there would be an
8immediate and urgent necessity to remove the child from the
9environment if appropriate family preservation services were
10provided. After seeing to the safety of the child or children,
11the Department shall forthwith notify the subjects of the
12report in writing, of the existence of the report and their
13rights existing under this Act in regard to amendment or
14expungement. To fulfill the requirements of this Section, the
15Child Protective Service Unit shall have the capability of
16providing or arranging for comprehensive emergency services to
17children and families at all times of the day or night.
18    (4) If (i) at the conclusion of the Unit's initial
19investigation of a report, the Unit determines the report to be
20a good faith indication of alleged child abuse or neglect that
21warrants a formal investigation by the Unit, the Department,
22any law enforcement agency or any other responsible agency and
23(ii) the person who is alleged to have caused the abuse or
24neglect is employed or otherwise engaged in an activity
25resulting in frequent contact with children and the alleged
26abuse or neglect are in the course of such employment or

 

 

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1activity, then the Department shall, except in investigations
2where the Director determines that such notification would be
3detrimental to the Department's investigation, inform the
4appropriate supervisor or administrator of that employment or
5activity that the Unit has commenced a formal investigation
6pursuant to this Act, which may or may not result in an
7indicated report. The Department shall also notify the person
8being investigated, unless the Director determines that such
9notification would be detrimental to the Department's
10investigation.
11    (c) In an investigation of a report of suspected abuse or
12neglect of a child by a school employee at a school or on
13school grounds, the Department shall make reasonable efforts to
14follow the following procedures:
15        (1) Investigations involving teachers shall not, to
16    the extent possible, be conducted when the teacher is
17    scheduled to conduct classes. Investigations involving
18    other school employees shall be conducted so as to minimize
19    disruption of the school day. The school employee accused
20    of child abuse or neglect may have his superior, his
21    association or union representative and his attorney
22    present at any interview or meeting at which the teacher or
23    administrator is present. The accused school employee
24    shall be informed by a representative of the Department, at
25    any interview or meeting, of the accused school employee's
26    due process rights and of the steps in the investigation

 

 

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1    process. These due process rights shall also include the
2    right of the school employee to present countervailing
3    evidence regarding the accusations. In an investigation in
4    which the alleged perpetrator of abuse or neglect is a
5    school employee, including, but not limited to, a school
6    teacher or administrator, and the recommendation is to
7    determine the report to be indicated, in addition to other
8    procedures as set forth and defined in Department rules and
9    procedures, the employee's due process rights shall also
10    include: (i) the right to a copy of the investigation
11    summary; (ii) the right to review the specific allegations
12    which gave rise to the investigation; and (iii) the right
13    to an administrator's teleconference which shall be
14    convened to provide the school employee with the
15    opportunity to present documentary evidence or other
16    information that supports his or her position and to
17    provide information before a final finding is entered.
18        (2) If a report of neglect or abuse of a child by a
19    teacher or administrator does not involve allegations of
20    sexual abuse or extreme physical abuse, the Child
21    Protective Service Unit shall make reasonable efforts to
22    conduct the initial investigation in coordination with the
23    employee's supervisor.
24        If the Unit determines that the report is a good faith
25    indication of potential child abuse or neglect, it shall
26    then commence a formal investigation under paragraph (3) of

 

 

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1    subsection (b) of this Section.
2        (3) If a report of neglect or abuse of a child by a
3    teacher or administrator involves an allegation of sexual
4    abuse or extreme physical abuse, the Child Protective Unit
5    shall commence an investigation under paragraph (2) of
6    subsection (b) of this Section.
7    (c-5) In any instance in which a report is made or caused
8to made by a school district employee involving the conduct of
9a person employed by the school district, at the time the
10report was made, as required under Section 4 of this Act, the
11Child Protective Service Unit shall send a copy of its final
12finding report to the general superintendent of that school
13district.
14    (c-10) The Department may recommend that a school district
15remove a school employee who is the subject of an investigation
16from his or her employment position pending the outcome of the
17investigation; however, all employment decisions regarding
18school personnel shall be the sole responsibility of the school
19district or employer. The Department may not require a school
20district to remove a school employee from his or her employment
21position or limit the school employee's duties pending the
22outcome of an investigation.
23    (d) If the Department has contact with an employer, or with
24a religious institution or religious official having
25supervisory or hierarchical authority over a member of the
26clergy accused of the abuse of a child, in the course of its

 

 

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1investigation, the Department shall notify the employer or the
2religious institution or religious official, in writing, when a
3report is unfounded so that any record of the investigation can
4be expunged from the employee's or member of the clergy's
5personnel or other records. The Department shall also notify
6the employee or the member of the clergy, in writing, that
7notification has been sent to the employer or to the
8appropriate religious institution or religious official
9informing the employer or religious institution or religious
10official that the Department's investigation has resulted in an
11unfounded report.
12    (d-1) Whenever a report alleges that a child was abused or
13neglected while receiving care in a hospital, including a
14freestanding psychiatric hospital licensed by the Department
15of Public Health, the Department shall send a copy of its final
16finding to the Director of Public Health and the Director of
17Healthcare and Family Services.
18    (e) Upon request by the Department, the Department of State
19Police and law enforcement agencies are authorized to provide
20criminal history record information as defined in the Illinois
21Uniform Conviction Information Act and information maintained
22in the adjudicatory and dispositional record system as defined
23in Section 2605-355 of the Department of State Police Law (20
24ILCS 2605/2605-355) to properly designated employees of the
25Department of Children and Family Services if the Department
26determines the information is necessary to perform its duties

 

 

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1under the Abused and Neglected Child Reporting Act, the Child
2Care Act of 1969, and the Children and Family Services Act. The
3request shall be in the form and manner required by the
4Department of State Police. Any information obtained by the
5Department of Children and Family Services under this Section
6is confidential and may not be transmitted outside the
7Department of Children and Family Services other than to a
8court of competent jurisdiction or unless otherwise authorized
9by law. Any employee of the Department of Children and Family
10Services who transmits confidential information in violation
11of this Section or causes the information to be transmitted in
12violation of this Section is guilty of a Class A misdemeanor
13unless the transmittal of the information is authorized by this
14Section or otherwise authorized by law.
15    (f) For purposes of this Section, "child abuse or neglect"
16includes abuse or neglect of an adult resident as defined in
17this Act.
18(Source: P.A. 100-68, eff. 1-1-18; 100-176, eff. 1-1-18;
19100-191, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
20    (325 ILCS 5/7.8)
21    Sec. 7.8. Upon receiving an oral or written report of
22suspected child abuse or neglect, the Department shall
23immediately notify, either orally or electronically, the Child
24Protective Service Unit of a previous report concerning a
25subject of the present report or other pertinent information.

 

 

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1In addition, upon satisfactory identification procedures, to
2be established by Department regulation, any person authorized
3to have access to records under Section 11.1 relating to child
4abuse and neglect may request and shall be immediately provided
5the information requested in accordance with this Act. However,
6no information shall be released unless it prominently states
7the report is "indicated", and only information from
8"indicated" reports shall be released, except that information
9concerning pending reports may be released pursuant to Sections
107.14 and 7.22 of this Act to the attorney or guardian ad litem
11appointed under Section 2-17 of the Juvenile Court Act of 1987
12and to any person authorized under paragraphs (1), (2), (3) and
13(11) of Section 11.1. In addition, State's Attorneys are
14authorized to receive unfounded reports (i) for prosecution
15purposes related to the transmission of false reports of child
16abuse or neglect in violation of subsection (a), paragraph (7)
17of Section 26-1 of the Criminal Code of 2012 or (ii) for the
18purposes of screening and prosecuting a petition filed under
19Article II of the Juvenile Court Act of 1987 alleging a
20subsequent allegation of abuse or neglect relating to the same
21child, a sibling of the child, or the same perpetrator; the
22parties to the proceedings filed under Article II of the
23Juvenile Court Act of 1987 are entitled to receive copies of
24previously unfounded reports regarding the same child, a
25sibling of the child, or the same perpetrator for purposes of
26hearings under Sections 2-10 and 2-21 of the Juvenile Court Act

 

 

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1of 1987, and attorneys and guardians ad litem appointed under
2Article II of the Juvenile Court Act of 1987 shall receive the
3reports set forth in Section 7.14 of this Act in conformance
4with paragraph (19) of Section 11.1 and Section 7.14 of this
5Act. The Department of Public Health shall receive information
6from unfounded reports involving children alleged to have been
7abused or neglected while hospitalized, including while
8hospitalized in freestanding psychiatric hospitals licensed by
9the Department of Public Health, as necessary for the
10Department of Public Health to conduct its licensing
11investigation. The Department is authorized and required to
12release information from unfounded reports, upon request by a
13person who has access to the unfounded report as provided in
14this Act, as necessary in its determination to protect children
15and adult residents who are in child care facilities licensed
16by the Department under the Child Care Act of 1969. The names
17and other identifying data and the dates and the circumstances
18of any persons requesting or receiving information from the
19central register shall be entered in the register record.
20(Source: P.A. 98-807, eff. 8-1-14; 99-78, eff. 7-20-15; 99-349,
21eff. 1-1-16; 99-350, eff. 6-1-16; 99-642, eff. 7-28-16.)
 
22    (325 ILCS 5/11.1)  (from Ch. 23, par. 2061.1)
23    Sec. 11.1. Access to records.
24    (a) A person shall have access to the records described in
25Section 11 only in furtherance of purposes directly connected

 

 

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1with the administration of this Act or the Intergovernmental
2Missing Child Recovery Act of 1984. Those persons and purposes
3for access include:
4        (1) Department staff in the furtherance of their
5    responsibilities under this Act, or for the purpose of
6    completing background investigations on persons or
7    agencies licensed by the Department or with whom the
8    Department contracts for the provision of child welfare
9    services.
10        (2) A law enforcement agency investigating known or
11    suspected child abuse or neglect, known or suspected
12    involvement with child pornography, known or suspected
13    criminal sexual assault, known or suspected criminal
14    sexual abuse, or any other sexual offense when a child is
15    alleged to be involved.
16        (3) The Department of State Police when administering
17    the provisions of the Intergovernmental Missing Child
18    Recovery Act of 1984.
19        (4) A physician who has before him a child whom he
20    reasonably suspects may be abused or neglected.
21        (5) A person authorized under Section 5 of this Act to
22    place a child in temporary protective custody when such
23    person requires the information in the report or record to
24    determine whether to place the child in temporary
25    protective custody.
26        (6) A person having the legal responsibility or

 

 

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1    authorization to care for, treat, or supervise a child, or
2    a parent, prospective adoptive parent, foster parent,
3    guardian, or other person responsible for the child's
4    welfare, who is the subject of a report.
5        (7) Except in regard to harmful or detrimental
6    information as provided in Section 7.19, any subject of the
7    report, and if the subject of the report is a minor, his
8    guardian or guardian ad litem.
9        (8) A court, upon its finding that access to such
10    records may be necessary for the determination of an issue
11    before such court; however, such access shall be limited to
12    in camera inspection, unless the court determines that
13    public disclosure of the information contained therein is
14    necessary for the resolution of an issue then pending
15    before it.
16        (8.1) A probation officer or other authorized
17    representative of a probation or court services department
18    conducting an investigation ordered by a court under the
19    Juvenile Court Act of 1987.
20        (9) A grand jury, upon its determination that access to
21    such records is necessary in the conduct of its official
22    business.
23        (10) Any person authorized by the Director, in writing,
24    for audit or bona fide research purposes.
25        (11) Law enforcement agencies, coroners or medical
26    examiners, physicians, courts, school superintendents and

 

 

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1    child welfare agencies in other states who are responsible
2    for child abuse or neglect investigations or background
3    investigations.
4        (12) The Department of Professional Regulation, the
5    State Board of Education and school superintendents in
6    Illinois, who may use or disclose information from the
7    records as they deem necessary to conduct investigations or
8    take disciplinary action, as provided by law.
9        (13) A coroner or medical examiner who has reason to
10    believe that a child has died as the result of abuse or
11    neglect.
12        (14) The Director of a State-operated facility when an
13    employee of that facility is the perpetrator in an
14    indicated report.
15        (15) The operator of a licensed child care facility or
16    a facility licensed by the Department of Human Services (as
17    successor to the Department of Alcoholism and Substance
18    Abuse) in which children reside when a current or
19    prospective employee of that facility is the perpetrator in
20    an indicated child abuse or neglect report, pursuant to
21    Section 4.3 of the Child Care Act of 1969.
22        (16) Members of a multidisciplinary team in the
23    furtherance of its responsibilities under subsection (b)
24    of Section 7.1. All reports concerning child abuse and
25    neglect made available to members of such
26    multidisciplinary teams and all records generated as a

 

 

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1    result of such reports shall be confidential and shall not
2    be disclosed, except as specifically authorized by this Act
3    or other applicable law. It is a Class A misdemeanor to
4    permit, assist or encourage the unauthorized release of any
5    information contained in such reports or records. Nothing
6    contained in this Section prevents the sharing of reports
7    or records relating or pertaining to the death of a minor
8    under the care of or receiving services from the Department
9    of Children and Family Services and under the jurisdiction
10    of the juvenile court with the juvenile court, the State's
11    Attorney, and the minor's attorney.
12        (17) The Department of Human Services, as provided in
13    Section 17 of the Rehabilitation of Persons with
14    Disabilities Act.
15        (18) Any other agency or investigative body, including
16    the Department of Public Health and a local board of
17    health, authorized by State law to conduct an investigation
18    into the quality of care provided to children in hospitals
19    and other State regulated care facilities. The access to
20    and release of information from such records shall be
21    subject to the approval of the Director of the Department
22    or his designee.
23        (19) The person appointed, under Section 2-17 of the
24    Juvenile Court Act of 1987, as the guardian ad litem of a
25    minor who is the subject of a report or records under this
26    Act; or the person appointed, under Section 5-610 of the

 

 

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1    Juvenile Court Act of 1987, as the guardian ad litem of a
2    minor who is in the custody or guardianship of the
3    Department or who has an open intact family services case
4    with the Department and who is the subject of a report or
5    records made pursuant to this Act.
6        (20) The Department of Human Services, as provided in
7    Section 10 of the Early Intervention Services System Act,
8    and the operator of a facility providing early intervention
9    services pursuant to that Act, for the purpose of
10    determining whether a current or prospective employee who
11    provides or may provide direct services under that Act is
12    the perpetrator in an indicated report of child abuse or
13    neglect filed under this Act.
14    (b) Nothing contained in this Act prevents the sharing or
15disclosure of information or records relating or pertaining to
16juveniles subject to the provisions of the Serious Habitual
17Offender Comprehensive Action Program when that information is
18used to assist in the early identification and treatment of
19habitual juvenile offenders.
20    (c) To the extent that persons or agencies are given access
21to information pursuant to this Section, those persons or
22agencies may give this information to and receive this
23information from each other in order to facilitate an
24investigation conducted by those persons or agencies.
25(Source: P.A. 99-143, eff. 7-27-15; 100-158, eff. 1-1-18.)