Rep. Tom Weber

Filed: 3/1/2022

 

 


 

 


 
10200HB4071ham002LRB102 18195 KTG 37076 a

1
AMENDMENT TO HOUSE BILL 4071

2    AMENDMENT NO. ______. Amend House Bill 4071 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Reference to Act. This Act may be referred to
5as the AJ Freund Act.
 
6    Section 5. The Abused and Neglected Child Reporting Act is
7amended by changing Section 7.3 as follows:
 
8    (325 ILCS 5/7.3)  (from Ch. 23, par. 2057.3)
9    Sec. 7.3. (a) The Department shall be the sole agency
10responsible for receiving and investigating reports of child
11abuse or neglect made under this Act, including reports of
12adult resident abuse or neglect as defined in this Act, except
13where investigations by other agencies may be required with
14respect to reports alleging the abuse or neglect of a child by
15a person who is not the child's parent, a member of the child's

 

 

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1immediate family, a person responsible for the child's
2welfare, an individual residing in the same home as the child,
3or a paramour of the child's parent, the death of a child,
4serious injury to a child or sexual abuse to a child made
5pursuant to Sections 4.1 or 7 of this Act, and except that the
6Department may delegate the performance of the investigation
7to the Illinois State Police, a law enforcement agency and to
8those private social service agencies which have been
9designated for this purpose by the Department prior to July 1,
101980.
11    (b) Notwithstanding any other provision of this Act, the
12Department shall adopt rules expressly allowing law
13enforcement personnel to investigate reports of suspected
14child abuse or neglect concurrently with the Department,
15without regard to whether the Department determines a report
16to be "indicated" or "unfounded" or deems a report to be
17"undetermined". Upon any determination, the complete
18investigative report shall be shared with the office of the
19State's Attorney of the involved county, if requested, to the
20extent such disclosure is permitted by current law and
21regulation, and subject to any and all existing and applicable
22requirements to maintain the information shared as
23confidential. Nothing shall prohibit the office of the State's
24Attorney of the involved county from concurrently conducting
25an additional, independent investigation of the same incidents
26and allegations investigated by the Department. At the

 

 

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1commencement of the State's Attorney's independent
2investigation, the State's Attorney, in his or her official
3capacity as a mandated reporter, shall notify the Department
4of the independent investigation by making a report by
5telephone to the central register established under Section
67.7 on the single, State-wide, toll-free telephone number
7established in Section 7.6. Upon completion of the independent
8investigation, the State's Attorney shall share his or her
9findings and determinations with the Department.
10    (c) By June 1, 2016, the Department shall adopt rules that
11address and set forth criteria and standards relevant to
12investigations of reports of abuse or neglect committed by any
13agency, as defined in Section 3 of this Act, or person working
14for an agency responsible for the welfare of a child or adult
15resident.
16(Source: P.A. 101-583, eff. 1-1-20; 102-538, eff. 8-20-21.)".