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HB0421 Enrolled |
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LRB095 04461 DRJ 27317 b |
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| AN ACT concerning children.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Abused and Neglected Child Reporting Act is |
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| amended by changing Sections 7 and 7.3 as follows:
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| (325 ILCS 5/7) (from Ch. 23, par. 2057)
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| Sec. 7. Time and manner of making reports. All reports of |
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| suspected
child abuse or neglect made
under this Act shall be |
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| made immediately by telephone to the central register
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| established under Section 7.7 on the single, State-wide, |
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| toll-free telephone
number established in Section 7.6, or in |
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| person or by telephone through
the nearest Department office. |
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| The Department shall, in cooperation with
school officials, |
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| distribute
appropriate materials in school buildings
listing |
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| the toll-free telephone number established in Section 7.6,
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| including methods of making a report under this Act.
The |
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| Department may, in cooperation with appropriate members of the |
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| clergy,
distribute appropriate materials in churches, |
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| synagogues, temples, mosques, or
other religious buildings |
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| listing the toll-free telephone number
established in Section |
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| 7.6, including methods of making a report under this
Act.
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| Wherever the Statewide number is posted, there shall also |
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| be posted the
following notice:
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HB0421 Enrolled |
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LRB095 04461 DRJ 27317 b |
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| "Any person who knowingly transmits a false report to the |
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| Department
commits the offense of disorderly conduct under |
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| subsection (a)(7) of
Section 26-1 of the Criminal Code of 1961. |
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| A first violation of this
subsection is a Class A misdemeanor, |
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| punishable by a term of imprisonment
for up to one year, or by |
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| a fine not to exceed $1,000, or by both such term
and fine. A |
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| second or subsequent violation is a Class 4 felony."
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| The report required by this Act shall include, if known, |
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| the name
and address of the child and his parents or other |
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| persons having his
custody; the child's age; the nature of the |
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| child's condition including any
evidence of previous injuries |
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| or disabilities; and any other information
that the person |
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| filing the report believes might be helpful in
establishing the |
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| cause of such abuse or neglect and the identity of the
person |
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| believed to have caused such abuse or neglect. Reports made to |
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| the
central register through the State-wide, toll-free |
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| telephone number shall
be immediately transmitted by the |
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| Department to the appropriate Child Protective Service
Unit. |
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| All such reports alleging the death of a child,
serious injury |
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| to a child including, but not limited to, brain damage,
skull |
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| fractures, subdural hematomas, and internal injuries, torture |
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| of a
child, malnutrition of a child, and sexual abuse to a |
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| child, including, but
not limited to, sexual intercourse, |
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| sexual exploitation, sexual
molestation, and sexually |
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| transmitted disease in a child age
12 and under, shall also be |
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| immediately transmitted by the Department to the appropriate |
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HB0421 Enrolled |
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LRB095 04461 DRJ 27317 b |
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| local law enforcement agency. The Department shall within 24 |
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| hours orally notify local law
enforcement personnel and the |
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| office of the State's Attorney of the
involved county of the |
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| receipt of any report alleging the death of a child,
serious |
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| injury to a child including, but not limited to, brain damage,
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| skull fractures, subdural hematomas, and, internal injuries, |
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| torture of a
child, malnutrition of a child, and sexual abuse |
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| to a child, including, but
not limited to, sexual intercourse, |
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| sexual exploitation, sexual
molestation, and sexually |
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| transmitted disease in a child age
twelve and under. All
oral |
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| reports made by the Department to local law enforcement |
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| personnel and
the office of the State's Attorney of the |
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| involved county shall be
confirmed in writing within 24
48
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| hours of the oral report. All reports by
persons mandated to |
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| report under this Act shall be confirmed in writing to
the |
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| appropriate Child Protective Service Unit, which may be on |
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| forms
supplied by the Department, within 48 hours of any |
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| initial report.
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| Written confirmation reports from persons not required to |
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| report by this
Act may be made to the appropriate Child |
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| Protective Service Unit. Written
reports from persons required |
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| by this Act to report shall be admissible
in evidence in any |
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| judicial proceeding relating to child abuse or neglect.
Reports |
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| involving known or suspected child abuse or neglect in public |
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| or
private residential agencies or institutions shall be made |
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| and received
in the same manner as all other reports made under |
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HB0421 Enrolled |
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LRB095 04461 DRJ 27317 b |
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| this Act.
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| (Source: P.A. 92-801, eff. 8-16-02.)
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| (325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
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| Sec. 7.3. (a) The Department shall be the sole agency |
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| responsible for receiving
and investigating reports of child |
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| abuse or neglect made under this Act,
except where |
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| investigations by other agencies may be required with
respect |
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| to reports alleging the death of a child, serious injury to a |
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| child
or sexual abuse to a child made pursuant to Sections 4.1 |
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| or 7 of this Act,
and except that the Department may delegate |
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| the performance of the
investigation to the Department of State |
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| Police, a law enforcement agency
and to those private social |
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| service agencies which have been designated for
this purpose by |
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| the Department prior to July 1, 1980.
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| (b) Notwithstanding any other provision of this Act, the |
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| Department shall adopt rules expressly allowing law |
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| enforcement personnel to investigate reports of suspected |
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| child abuse or neglect concurrently with the Department, |
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| without regard to whether the Department determines a report to |
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| be "indicated" or "unfounded" or deems a report to be |
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| "undetermined".
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| (Source: P.A. 85-1440.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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