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1 | AN ACT concerning children.
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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 Abused and Neglected Child Reporting Act is | ||||||
5 | amended by changing Section 4 as follows:
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6 | (325 ILCS 5/4) (from Ch. 23, par. 2054)
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7 | Sec. 4. Persons required to report; privileged | ||||||
8 | communications;
transmitting false report. Any physician, | ||||||
9 | resident, intern, hospital,
hospital administrator
and | ||||||
10 | personnel engaged in examination, care and treatment of | ||||||
11 | persons, surgeon,
dentist, dentist hygienist, osteopath, | ||||||
12 | chiropractor, podiatrist, physician
assistant, substance abuse | ||||||
13 | treatment personnel, funeral home
director or employee, | ||||||
14 | coroner, medical examiner, emergency medical technician,
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15 | acupuncturist, crisis line or hotline personnel, school | ||||||
16 | personnel, educational
advocate assigned to a child pursuant to | ||||||
17 | the School Code, truant officers,
social worker, social | ||||||
18 | services administrator,
domestic violence program personnel, | ||||||
19 | registered nurse, licensed
practical nurse, genetic counselor,
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20 | respiratory care practitioner, advanced practice nurse, home
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21 | health aide, director or staff
assistant of a nursery school or | ||||||
22 | a child day care center, recreational program
or facility | ||||||
23 | personnel, law enforcement officer, licensed professional
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24 | counselor, licensed clinical professional counselor, | ||||||
25 | registered psychologist
and
assistants working under the | ||||||
26 | direct supervision of a psychologist,
psychiatrist, or field | ||||||
27 | personnel of the Illinois Department of Public Aid,
Public | ||||||
28 | Health, Human Services (acting as successor to the Department | ||||||
29 | of Mental
Health and Developmental Disabilities, | ||||||
30 | Rehabilitation Services, or Public Aid),
Corrections, Human | ||||||
31 | Rights, or Children and Family Services, supervisor and
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32 | administrator of general assistance under the Illinois Public |
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1 | Aid Code,
probation officer, or any other foster parent, | ||||||
2 | homemaker or child care worker
having reasonable cause to | ||||||
3 | believe a child known to them in their professional
or official | ||||||
4 | capacity may be an abused child or a neglected child shall
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5 | immediately report or cause a report to be made to the | ||||||
6 | Department.
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7 | Any member of the clergy having reasonable cause to believe | ||||||
8 | that a child
known to that member of the clergy in his or her | ||||||
9 | professional capacity may be
an abused child as defined in item | ||||||
10 | (c) of the definition of "abused child" in
Section 3 of this | ||||||
11 | Act shall immediately report or cause a report to be made to
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12 | the Department.
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13 | Whenever
such person is required to report under this Act | ||||||
14 | in his capacity as a member of
the staff of a medical or other | ||||||
15 | public or private institution, school, facility
or agency, or | ||||||
16 | as a member of the clergy, he shall
make report immediately to | ||||||
17 | the Department in accordance
with the provisions of this Act | ||||||
18 | and may also notify the person in charge of
such institution, | ||||||
19 | school, facility or agency, or church, synagogue, temple,
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20 | mosque, or other religious institution, or his
designated agent | ||||||
21 | that such
report has been made. Under no circumstances shall | ||||||
22 | any person in charge of
such institution, school, facility or | ||||||
23 | agency, or church, synagogue, temple,
mosque, or other | ||||||
24 | religious institution, or his
designated agent to whom
such | ||||||
25 | notification has been made, exercise any control, restraint, | ||||||
26 | modification
or other change in the report or the forwarding of | ||||||
27 | such report to the
Department.
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28 | The privileged quality of communication between any | ||||||
29 | professional
person required to report
and his patient or | ||||||
30 | client shall not apply to situations involving abused or
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31 | neglected children and shall not constitute grounds for failure | ||||||
32 | to report
as required by this Act.
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33 | A member of the clergy may claim the privilege under | ||||||
34 | Section 8-803 of the
Code of Civil Procedure.
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35 | In addition to the above persons required to
report | ||||||
36 | suspected cases of abused or neglected children, any other |
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1 | person
may make a report if such person has reasonable cause to | ||||||
2 | believe a child
may be an abused child or a neglected child.
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3 | Any person who enters into
employment on and after July 1, | ||||||
4 | 1986 and is mandated by virtue of that
employment to report | ||||||
5 | under this Act, shall sign a statement on a form
prescribed by | ||||||
6 | the Department, to the effect that the employee has knowledge
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7 | and understanding of the reporting requirements of this Act. | ||||||
8 | The statement
shall be signed prior to commencement of the | ||||||
9 | employment. The signed
statement shall be retained by the | ||||||
10 | employer. The cost of printing,
distribution, and filing of the | ||||||
11 | statement shall be borne by the employer.
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12 | The Department shall provide copies of this Act, upon | ||||||
13 | request, to all
employers employing persons who shall be | ||||||
14 | required under the provisions of
this Section to report under | ||||||
15 | this Act.
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16 | Any school administrator, school principal, school | ||||||
17 | teacher, school board member, or other school personnel having | ||||||
18 | reasonable cause to believe that a child known to that school | ||||||
19 | administrator, school principal, school teacher, school board | ||||||
20 | member, or other school personnel in his or her professional | ||||||
21 | capacity was the victim of a sex offense committed by a person | ||||||
22 | responsible for the child's welfare shall immediately report or | ||||||
23 | cause a report to be made to the Department. "Sex offense" | ||||||
24 | means any violation of Article 11 or Sections 12-13, 12-14, | ||||||
25 | 12-14.1, 12-15, 12-16, or 12-16.2 of the Criminal Code of 1961. | ||||||
26 | Notwithstanding any other provision of this Section, a | ||||||
27 | school administrator, school principal, school teacher, school | ||||||
28 | board member, or other school personnel who knowingly and | ||||||
29 | willfully fails to report any suspected cases involving a sex | ||||||
30 | offense against a child committed by a person responsible for | ||||||
31 | the child's welfare as required by this Section is guilty of a | ||||||
32 | Class 4 felony for a first violation and a Class 3 felony for a | ||||||
33 | second or subsequent violation; except that if the school | ||||||
34 | administrator, school principal, school teacher, school board | ||||||
35 | member, or other school personnel acted as part of a plan or | ||||||
36 | scheme having as its object the prevention of discovery of a |
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1 | child that was the victim of a sex offense by lawful | ||||||
2 | authorities for the purpose of protecting or insulating any | ||||||
3 | person or entity from arrest or prosecution, the person is | ||||||
4 | guilty of a Class 3 felony for a first offense and a Class 2 | ||||||
5 | felony for a second or subsequent offense (regardless of | ||||||
6 | whether the second or subsequent offense involves any of the | ||||||
7 | same facts or persons as the first or other prior offense).
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8 | Any person who knowingly transmits a false report to the | ||||||
9 | Department
commits the offense of disorderly conduct under | ||||||
10 | subsection (a)(7) of
Section 26-1 of the "Criminal Code of | ||||||
11 | 1961". Any person who violates this
provision a second or | ||||||
12 | subsequent time shall be guilty of a Class 3
felony.
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13 | Any person who knowingly and willfully violates any | ||||||
14 | provision of this
Section other than a second or subsequent | ||||||
15 | violation of transmitting a
false report as described in the
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16 | preceding paragraph, is guilty of a Class A misdemeanor for
a | ||||||
17 | first violation and a Class 4 felony for a
second or subsequent | ||||||
18 | violation; except that if the person acted as part
of a plan or | ||||||
19 | scheme having as its object the
prevention of discovery of an | ||||||
20 | abused or neglected child by lawful authorities
for the
purpose | ||||||
21 | of protecting or insulating any person or entity from arrest or
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22 | prosecution, the
person is guilty of a Class 4 felony for a | ||||||
23 | first offense and a Class 3 felony
for a second or
subsequent | ||||||
24 | offense (regardless of whether the second or subsequent offense
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25 | involves any
of the same facts or persons as the first or other | ||||||
26 | prior offense).
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27 | A child whose parent, guardian or custodian in good faith | ||||||
28 | selects and depends
upon spiritual means through prayer alone | ||||||
29 | for the treatment or cure of
disease or remedial care may be | ||||||
30 | considered neglected or abused, but not for
the sole reason | ||||||
31 | that his parent, guardian or custodian accepts and
practices | ||||||
32 | such beliefs.
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33 | A child shall not be considered neglected or abused solely | ||||||
34 | because the
child is not attending school in accordance with | ||||||
35 | the requirements of
Article 26 of the School Code, as amended.
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36 | (Source: P.A. 92-16, eff. 6-28-01; 92-801, eff. 8-16-02; |
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1 | 93-137, eff. 7-10-03; 93-356, eff. 7-24-03; 93-431, eff. | ||||||
2 | 8-5-03; 93-1041, eff. 9-29-04.)
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3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
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