101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4062

 

Introduced 1/13/2020, by Rep. Margo McDermed - Jonathan Carroll

 

SYNOPSIS AS INTRODUCED:
 
325 ILCS 5/3  from Ch. 23, par. 2053
325 ILCS 5/4
325 ILCS 5/4.6 new

    Amends the Abused and Neglected Child Reporting Act. Adds youth athletic program workers as mandated reporters. Defines "youth athletic program worker" to mean an individual performing services for a youth athletic program including, but not limited to, coaches, doctors, and program employees. Requires a youth athletic program to have a background check performed for each youth athletic program worker by a reputable, licensed third-party vendor. Effective immediately.


LRB101 16019 KTG 65381 b

 

 

A BILL FOR

 

HB4062LRB101 16019 KTG 65381 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 3 and 4 and by adding Section 4.6
6as follows:
 
7    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
8    Sec. 3. As used in this Act unless the context otherwise
9requires:
10    "Adult resident" means any person between 18 and 22 years
11of age who resides in any facility licensed by the Department
12under the Child Care Act of 1969. For purposes of this Act, the
13criteria set forth in the definitions of "abused child" and
14"neglected child" shall be used in determining whether an adult
15resident is abused or neglected.
16    "Agency" means a child care facility licensed under Section
172.05 or Section 2.06 of the Child Care Act of 1969 and includes
18a transitional living program that accepts children and adult
19residents for placement who are in the guardianship of the
20Department.
21    "Blatant disregard" means an incident where the real,
22significant, and imminent risk of harm would be so obvious to a
23reasonable parent or caretaker that it is unlikely that a

 

 

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1reasonable parent or caretaker would have exposed the child to
2the danger without exercising precautionary measures to
3protect the child from harm. With respect to a person working
4at an agency in his or her professional capacity with a child
5or adult resident, "blatant disregard" includes a failure by
6the person to perform job responsibilities intended to protect
7the child's or adult resident's health, physical well-being, or
8welfare, and, when viewed in light of the surrounding
9circumstances, evidence exists that would cause a reasonable
10person to believe that the child was neglected. With respect to
11an agency, "blatant disregard" includes a failure to implement
12practices that ensure the health, physical well-being, or
13welfare of the children and adult residents residing in the
14facility.
15    "Child" means any person under the age of 18 years, unless
16legally emancipated by reason of marriage or entry into a
17branch of the United States armed services.
18    "Department" means Department of Children and Family
19Services.
20    "Local law enforcement agency" means the police of a city,
21town, village or other incorporated area or the sheriff of an
22unincorporated area or any sworn officer of the Illinois
23Department of State Police.
24    "Abused child" means a child whose parent or immediate
25family member, or any person responsible for the child's
26welfare, or any individual residing in the same home as the

 

 

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1child, or a paramour of the child's parent:
2        (a) inflicts, causes to be inflicted, or allows to be
3    inflicted upon such child physical injury, by other than
4    accidental means, which causes death, disfigurement,
5    impairment of physical or emotional health, or loss or
6    impairment of any bodily function;
7        (b) creates a substantial risk of physical injury to
8    such child by other than accidental means which would be
9    likely to cause death, disfigurement, impairment of
10    physical or emotional health, or loss or impairment of any
11    bodily function;
12        (c) commits or allows to be committed any sex offense
13    against such child, as such sex offenses are defined in the
14    Criminal Code of 2012 or in the Wrongs to Children Act, and
15    extending those definitions of sex offenses to include
16    children under 18 years of age;
17        (d) commits or allows to be committed an act or acts of
18    torture upon such child;
19        (e) inflicts excessive corporal punishment or, in the
20    case of a person working for an agency who is prohibited
21    from using corporal punishment, inflicts corporal
22    punishment upon a child or adult resident with whom the
23    person is working in his or her professional capacity;
24        (f) commits or allows to be committed the offense of
25    female genital mutilation, as defined in Section 12-34 of
26    the Criminal Code of 2012, against the child;

 

 

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1        (g) causes to be sold, transferred, distributed, or
2    given to such child under 18 years of age, a controlled
3    substance as defined in Section 102 of the Illinois
4    Controlled Substances Act in violation of Article IV of the
5    Illinois Controlled Substances Act or in violation of the
6    Methamphetamine Control and Community Protection Act,
7    except for controlled substances that are prescribed in
8    accordance with Article III of the Illinois Controlled
9    Substances Act and are dispensed to such child in a manner
10    that substantially complies with the prescription; or
11        (h) commits or allows to be committed the offense of
12    involuntary servitude, involuntary sexual servitude of a
13    minor, or trafficking in persons as defined in Section 10-9
14    of the Criminal Code of 2012 against the child.
15    A child shall not be considered abused for the sole reason
16that the child has been relinquished in accordance with the
17Abandoned Newborn Infant Protection Act.
18    "Neglected child" means any child who is not receiving the
19proper or necessary nourishment or medically indicated
20treatment including food or care not provided solely on the
21basis of the present or anticipated mental or physical
22impairment as determined by a physician acting alone or in
23consultation with other physicians or otherwise is not
24receiving the proper or necessary support or medical or other
25remedial care recognized under State law as necessary for a
26child's well-being, or other care necessary for his or her

 

 

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1well-being, including adequate food, clothing and shelter; or
2who is subjected to an environment which is injurious insofar
3as (i) the child's environment creates a likelihood of harm to
4the child's health, physical well-being, or welfare and (ii)
5the likely harm to the child is the result of a blatant
6disregard of parent, caretaker, or agency responsibilities; or
7who is abandoned by his or her parents or other person
8responsible for the child's welfare without a proper plan of
9care; or who has been provided with interim crisis intervention
10services under Section 3-5 of the Juvenile Court Act of 1987
11and whose parent, guardian, or custodian refuses to permit the
12child to return home and no other living arrangement agreeable
13to the parent, guardian, or custodian can be made, and the
14parent, guardian, or custodian has not made any other
15appropriate living arrangement for the child; or who is a
16newborn infant whose blood, urine, or meconium contains any
17amount of a controlled substance as defined in subsection (f)
18of Section 102 of the Illinois Controlled Substances Act or a
19metabolite thereof, with the exception of a controlled
20substance or metabolite thereof whose presence in the newborn
21infant is the result of medical treatment administered to the
22mother or the newborn infant. A child shall not be considered
23neglected for the sole reason that the child's parent or other
24person responsible for his or her welfare has left the child in
25the care of an adult relative for any period of time. A child
26shall not be considered neglected for the sole reason that the

 

 

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1child has been relinquished in accordance with the Abandoned
2Newborn Infant Protection Act. A child shall not be considered
3neglected or abused for the sole reason that such child's
4parent or other person responsible for his or her welfare
5depends upon spiritual means through prayer alone for the
6treatment or cure of disease or remedial care as provided under
7Section 4 of this Act. A child shall not be considered
8neglected or abused solely because the child is not attending
9school in accordance with the requirements of Article 26 of The
10School Code, as amended.
11    "Child Protective Service Unit" means certain specialized
12State employees of the Department assigned by the Director to
13perform the duties and responsibilities as provided under
14Section 7.2 of this Act.
15    "Near fatality" means an act that, as certified by a
16physician, places the child in serious or critical condition,
17including acts of great bodily harm inflicted upon children
18under 13 years of age, and as otherwise defined by Department
19rule.
20    "Great bodily harm" includes bodily injury which creates a
21high probability of death, or which causes serious permanent
22disfigurement, or which causes a permanent or protracted loss
23or impairment of the function of any bodily member or organ, or
24other serious bodily harm.
25    "Person responsible for the child's welfare" means the
26child's parent; guardian; foster parent; relative caregiver;

 

 

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1any person responsible for the child's welfare in a public or
2private residential agency or institution; any person
3responsible for the child's welfare within a public or private
4profit or not for profit child care facility; or any other
5person responsible for the child's welfare at the time of the
6alleged abuse or neglect, including any person that is the
7custodian of a child under 18 years of age who commits or
8allows to be committed, against the child, the offense of
9involuntary servitude, involuntary sexual servitude of a
10minor, or trafficking in persons for forced labor or services,
11as provided in Section 10-9 of the Criminal Code of 2012, or
12any person who came to know the child through an official
13capacity or position of trust, including but not limited to
14health care professionals, educational personnel, recreational
15supervisors, members of the clergy, and volunteers or support
16personnel in any setting where children may be subject to abuse
17or neglect.
18    "Temporary protective custody" means custody within a
19hospital or other medical facility or a place previously
20designated for such custody by the Department, subject to
21review by the Court, including a licensed foster home, group
22home, or other institution; but such place shall not be a jail
23or other place for the detention of criminal or juvenile
24offenders.
25    "An unfounded report" means any report made under this Act
26for which it is determined after an investigation that no

 

 

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1credible evidence of abuse or neglect exists.
2    "An indicated report" means a report made under this Act if
3an investigation determines that credible evidence of the
4alleged abuse or neglect exists.
5    "An undetermined report" means any report made under this
6Act in which it was not possible to initiate or complete an
7investigation on the basis of information provided to the
8Department.
9    "Subject of report" means any child reported to the central
10register of child abuse and neglect established under Section
117.7 of this Act as an alleged victim of child abuse or neglect
12and the parent or guardian of the alleged victim or other
13person responsible for the alleged victim's welfare who is
14named in the report or added to the report as an alleged
15perpetrator of child abuse or neglect.
16    "Perpetrator" means a person who, as a result of
17investigation, has been determined by the Department to have
18caused child abuse or neglect.
19    "Member of the clergy" means a clergyman or practitioner of
20any religious denomination accredited by the religious body to
21which he or she belongs.
22    "Youth athletic program worker" means an individual
23performing services for a youth athletic program including, but
24not limited to, coaches, doctors, and program employees.
25(Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19.)
 

 

 

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1    (325 ILCS 5/4)
2    Sec. 4. Persons required to report; privileged
3communications; transmitting false report.
4    (a) The following persons are required to immediately
5report to the Department when they have reasonable cause to
6believe that a child known to them in their professional or
7official capacities may be an abused child or a neglected
8child:
9        (1) Medical personnel, including any: physician
10    licensed to practice medicine in any of its branches
11    (medical doctor or doctor of osteopathy); resident;
12    intern; medical administrator or personnel engaged in the
13    examination, care, and treatment of persons; psychiatrist;
14    surgeon; dentist; dental hygienist; chiropractic
15    physician; podiatric physician; physician assistant;
16    emergency medical technician; acupuncturist; registered
17    nurse; licensed practical nurse; advanced practice
18    registered nurse; genetic counselor; respiratory care
19    practitioner; home health aide; or certified nursing
20    assistant.
21        (2) Social services and mental health personnel,
22    including any: licensed professional counselor; licensed
23    clinical professional counselor; licensed social worker;
24    licensed clinical social worker; licensed psychologist or
25    assistant working under the direct supervision of a
26    psychologist; associate licensed marriage and family

 

 

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1    therapist; licensed marriage and family therapist; field
2    personnel of the Departments of Healthcare and Family
3    Services, Public Health, Human Services, Human Rights, or
4    Children and Family Services; supervisor or administrator
5    of the General Assistance program established under
6    Article VI of the Illinois Public Aid Code; social services
7    administrator; or substance abuse treatment personnel.
8        (3) Crisis intervention personnel, including any:
9    crisis line or hotline personnel; or domestic violence
10    program personnel.
11        (4) Education personnel, including any: school
12    personnel (including administrators and certified and
13    non-certified school employees); personnel of institutions
14    of higher education; educational advocate assigned to a
15    child in accordance with the School Code; member of a
16    school board or the Chicago Board of Education or the
17    governing body of a private school (but only to the extent
18    required under subsection (d)); or truant officer.
19        (5) Recreation or athletic program or facility
20    personnel, including any youth athletic program worker.
21        (6) Child care personnel, including any: early
22    intervention provider as defined in the Early Intervention
23    Services System Act; director or staff assistant of a
24    nursery school or a child day care center; or foster
25    parent, homemaker, or child care worker.
26        (7) Law enforcement personnel, including any: law

 

 

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1    enforcement officer; field personnel of the Department of
2    Juvenile Justice; field personnel of the Department of
3    Corrections; probation officer; or animal control officer
4    or field investigator of the Department of Agriculture's
5    Bureau of Animal Health and Welfare.
6        (8) Any funeral home director; funeral home director
7    and embalmer; funeral home employee; coroner; or medical
8    examiner.
9        (9) Any member of the clergy.
10        (10) Any physician, physician assistant, registered
11    nurse, licensed practical nurse, medical technician,
12    certified nursing assistant, licensed social worker,
13    licensed clinical social worker, or licensed professional
14    counselor of any office, clinic, or any other physical
15    location that provides abortions, abortion referrals, or
16    contraceptives.
17    (b) When 2 or more persons who work within the same
18workplace and are required to report under this Act share a
19reasonable cause to believe that a child may be an abused or
20neglected child, one of those reporters may be designated to
21make a single report. The report shall include the names and
22contact information for the other mandated reporters sharing
23the reasonable cause to believe that a child may be an abused
24or neglected child. The designated reporter must provide
25written confirmation of the report to those mandated reporters
26within 48 hours. If confirmation is not provided, those

 

 

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1mandated reporters are individually responsible for
2immediately ensuring a report is made. Nothing in this Section
3precludes or may be used to preclude any person from reporting
4child abuse or child neglect.
5    (c)(1) As used in this Section, "a child known to them in
6their professional or official capacities" means:
7        (A) the mandated reporter comes into contact with the
8    child in the course of the reporter's employment or
9    practice of a profession, or through a regularly scheduled
10    program, activity, or service;
11        (B) the mandated reporter is affiliated with an agency,
12    institution, organization, school, school district,
13    regularly established church or religious organization, or
14    other entity that is directly responsible for the care,
15    supervision, guidance, or training of the child; or
16        (C) a person makes a specific disclosure to the
17    mandated reporter that an identifiable child is the victim
18    of child abuse or child neglect, and the disclosure happens
19    while the mandated reporter is engaged in his or her
20    employment or practice of a profession, or in a regularly
21    scheduled program, activity, or service.
22    (2) Nothing in this Section requires a child to come before
23the mandated reporter in order for the reporter to make a
24report of suspected child abuse or child neglect.
25    (d) If an allegation is raised to a school board member
26during the course of an open or closed school board meeting

 

 

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1that a child who is enrolled in the school district of which he
2or she is a board member is an abused child as defined in
3Section 3 of this Act, the member shall direct or cause the
4school board to direct the superintendent of the school
5district or other equivalent school administrator to comply
6with the requirements of this Act concerning the reporting of
7child abuse. For purposes of this paragraph, a school board
8member is granted the authority in his or her individual
9capacity to direct the superintendent of the school district or
10other equivalent school administrator to comply with the
11requirements of this Act concerning the reporting of child
12abuse.
13    Notwithstanding any other provision of this Act, if an
14employee of a school district has made a report or caused a
15report to be made to the Department under this Act involving
16the conduct of a current or former employee of the school
17district and a request is made by another school district for
18the provision of information concerning the job performance or
19qualifications of the current or former employee because he or
20she is an applicant for employment with the requesting school
21district, the general superintendent of the school district to
22which the request is being made must disclose to the requesting
23school district the fact that an employee of the school
24district has made a report involving the conduct of the
25applicant or caused a report to be made to the Department, as
26required under this Act. Only the fact that an employee of the

 

 

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1school district has made a report involving the conduct of the
2applicant or caused a report to be made to the Department may
3be disclosed by the general superintendent of the school
4district to which the request for information concerning the
5applicant is made, and this fact may be disclosed only in cases
6where the employee and the general superintendent have not been
7informed by the Department that the allegations were unfounded.
8An employee of a school district who is or has been the subject
9of a report made pursuant to this Act during his or her
10employment with the school district must be informed by that
11school district that if he or she applies for employment with
12another school district, the general superintendent of the
13former school district, upon the request of the school district
14to which the employee applies, shall notify that requesting
15school district that the employee is or was the subject of such
16a report.
17    (e) Whenever such person is required to report under this
18Act in his capacity as a member of the staff of a medical or
19other public or private institution, school, facility or
20agency, or as a member of the clergy, he shall make report
21immediately to the Department in accordance with the provisions
22of this Act and may also notify the person in charge of such
23institution, school, facility or agency, or church, synagogue,
24temple, mosque, or other religious institution, or his
25designated agent that such report has been made. Under no
26circumstances shall any person in charge of such institution,

 

 

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1school, facility or agency, or church, synagogue, temple,
2mosque, or other religious institution, or his designated agent
3to whom such notification has been made, exercise any control,
4restraint, modification or other change in the report or the
5forwarding of such report to the Department.
6    (f) In addition to the persons required to report suspected
7cases of child abuse or child neglect under this Section, any
8other person may make a report if such person has reasonable
9cause to believe a child may be an abused child or a neglected
10child.
11    (g) The privileged quality of communication between any
12professional person required to report and his patient or
13client shall not apply to situations involving abused or
14neglected children and shall not constitute grounds for failure
15to report as required by this Act or constitute grounds for
16failure to share information or documents with the Department
17during the course of a child abuse or neglect investigation. If
18requested by the professional, the Department shall confirm in
19writing that the information or documents disclosed by the
20professional were gathered in the course of a child abuse or
21neglect investigation.
22    The reporting requirements of this Act shall not apply to
23the contents of a privileged communication between an attorney
24and his or her client or to confidential information within the
25meaning of Rule 1.6 of the Illinois Rules of Professional
26Conduct relating to the legal representation of an individual

 

 

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1client.
2    A member of the clergy may claim the privilege under
3Section 8-803 of the Code of Civil Procedure.
4    (h) Any office, clinic, or any other physical location that
5provides abortions, abortion referrals, or contraceptives
6shall provide to all office personnel copies of written
7information and training materials about abuse and neglect and
8the requirements of this Act that are provided to employees of
9the office, clinic, or physical location who are required to
10make reports to the Department under this Act, and instruct
11such office personnel to bring to the attention of an employee
12of the office, clinic, or physical location who is required to
13make reports to the Department under this Act any reasonable
14suspicion that a child known to him or her in his or her
15professional or official capacity may be an abused child or a
16neglected child.
17    (i) Any person who enters into employment on and after July
181, 1986 and is mandated by virtue of that employment to report
19under this Act, shall sign a statement on a form prescribed by
20the Department, to the effect that the employee has knowledge
21and understanding of the reporting requirements of this Act. On
22and after January 1, 2019, the statement shall also include
23information about available mandated reporter training
24provided by the Department. The statement shall be signed prior
25to commencement of the employment. The signed statement shall
26be retained by the employer. The cost of printing,

 

 

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1distribution, and filing of the statement shall be borne by the
2employer.
3    (j) Persons required to report child abuse or child neglect
4as provided under this Section must complete an initial
5mandated reporter training within 3 months of their date of
6engagement in a professional or official capacity as a mandated
7reporter, or within the time frame of any other applicable
8State law that governs training requirements for a specific
9profession, and at least every 3 years thereafter. The initial
10requirement only applies to the first time they engage in their
11professional or official capacity. In lieu of training every 3
12years, medical personnel, as listed in paragraph (1) of
13subsection (a), must meet the requirements described in
14subsection (k).
15    The trainings shall be in-person or web-based, and shall
16include, at a minimum, information on the following topics: (i)
17indicators for recognizing child abuse and child neglect, as
18defined under this Act; (ii) the process for reporting
19suspected child abuse and child neglect in Illinois as required
20by this Act and the required documentation; (iii) responding to
21a child in a trauma-informed manner; and (iv) understanding the
22response of child protective services and the role of the
23reporter after a call has been made. Child-serving
24organizations are encouraged to provide in-person annual
25trainings.
26    The mandated reporter training shall be provided through

 

 

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1the Department, through an entity authorized to provide
2continuing education for professionals licensed through the
3Department of Financial and Professional Regulation, the State
4Board of Education, the Illinois Law Enforcement Training
5Standards Board, or the Department of State Police, or through
6an organization approved by the Department to provide mandated
7reporter training. The Department must make available a free
8web-based training for reporters.
9    Each mandated reporter shall report to his or her employer
10and, when applicable, to his or her licensing or certification
11board that he or she received the mandated reporter training.
12The mandated reporter shall maintain records of completion.
13    Beginning January 1, 2021, if a mandated reporter receives
14licensure from the Department of Financial and Professional
15Regulation or the State Board of Education, and his or her
16profession has continuing education requirements, the training
17mandated under this Section shall count toward meeting the
18licensee's required continuing education hours.
19    (k)(1) Medical personnel, as listed in paragraph (1) of
20subsection (a), who work with children in their professional or
21official capacity, must complete mandated reporter training at
22least every 6 years. Such medical personnel, if licensed, must
23attest at each time of licensure renewal on their renewal form
24that they understand they are a mandated reporter of child
25abuse and neglect, that they are aware of the process for
26making a report, that they know how to respond to a child in a

 

 

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1trauma-informed manner, and that they are aware of the role of
2child protective services and the role of a reporter after a
3call has been made.
4    (2) In lieu of repeated training, medical personnel, as
5listed in paragraph (1) of subsection (a), who do not work with
6children in their professional or official capacity, may
7instead attest each time at licensure renewal on their renewal
8form that they understand they are a mandated reporter of child
9abuse and neglect, that they are aware of the process for
10making a report, that they know how to respond to a child in a
11trauma-informed manner, and that they are aware of the role of
12child protective services and the role of a reporter after a
13call has been made. Nothing in this paragraph precludes medical
14personnel from completing mandated reporter training and
15receiving continuing education credits for that training.
16    (l) The Department shall provide copies of this Act, upon
17request, to all employers employing persons who shall be
18required under the provisions of this Section to report under
19this Act.
20    (m) Any person who knowingly transmits a false report to
21the Department commits the offense of disorderly conduct under
22subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.
23A violation of this provision is a Class 4 felony.
24    Any person who knowingly and willfully violates any
25provision of this Section other than a second or subsequent
26violation of transmitting a false report as described in the

 

 

HB4062- 20 -LRB101 16019 KTG 65381 b

1preceding paragraph, is guilty of a Class A misdemeanor for a
2first violation and a Class 4 felony for a second or subsequent
3violation; except that if the person acted as part of a plan or
4scheme having as its object the prevention of discovery of an
5abused or neglected child by lawful authorities for the purpose
6of protecting or insulating any person or entity from arrest or
7prosecution, the person is guilty of a Class 4 felony for a
8first offense and a Class 3 felony for a second or subsequent
9offense (regardless of whether the second or subsequent offense
10involves any of the same facts or persons as the first or other
11prior offense).
12    (n) A child whose parent, guardian or custodian in good
13faith selects and depends upon spiritual means through prayer
14alone for the treatment or cure of disease or remedial care may
15be considered neglected or abused, but not for the sole reason
16that his parent, guardian or custodian accepts and practices
17such beliefs.
18    (o) A child shall not be considered neglected or abused
19solely because the child is not attending school in accordance
20with the requirements of Article 26 of the School Code, as
21amended.
22    (p) Nothing in this Act prohibits a mandated reporter who
23reasonably believes that an animal is being abused or neglected
24in violation of the Humane Care for Animals Act from reporting
25animal abuse or neglect to the Department of Agriculture's
26Bureau of Animal Health and Welfare.

 

 

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1    (q) A home rule unit may not regulate the reporting of
2child abuse or neglect in a manner inconsistent with the
3provisions of this Section. This Section is a limitation under
4subsection (i) of Section 6 of Article VII of the Illinois
5Constitution on the concurrent exercise by home rule units of
6powers and functions exercised by the State.
7    (r) For purposes of this Section "child abuse or neglect"
8includes abuse or neglect of an adult resident as defined in
9this Act.
10(Source: P.A. 100-513, eff. 1-1-18; 100-1071, eff. 1-1-19;
11101-564, eff. 1-1-20.)
 
12    (325 ILCS 5/4.6 new)
13    Sec. 4.6. Youth athletic program workers. A youth athletic
14program must have a background check performed for each youth
15athletic program worker by a reputable, licensed third-party
16vendor. The background check shall include:
17        (1) Social Security Number to confirm the identity of
18    the individual;
19        (2) driving records if the individual is driving as
20    part of his or her duties with the program;
21        (3) a multijurisdictional State and county criminal
22    records database search; and
23        (4) a federal criminal search.
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.