HB0421 Enrolled LRB095 04461 DRJ 27317 b

1     AN ACT concerning children.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Abused and Neglected Child Reporting Act is
5 amended by changing Sections 7 and 7.3 as follows:
 
6     (325 ILCS 5/7)  (from Ch. 23, par. 2057)
7     Sec. 7. Time and manner of making reports. All reports of
8 suspected child abuse or neglect made under this Act shall be
9 made immediately by telephone to the central register
10 established under Section 7.7 on the single, State-wide,
11 toll-free telephone number established in Section 7.6, or in
12 person or by telephone through the nearest Department office.
13 The Department shall, in cooperation with school officials,
14 distribute appropriate materials in school buildings listing
15 the toll-free telephone number established in Section 7.6,
16 including methods of making a report under this Act. The
17 Department may, in cooperation with appropriate members of the
18 clergy, distribute appropriate materials in churches,
19 synagogues, temples, mosques, or other religious buildings
20 listing the toll-free telephone number established in Section
21 7.6, including methods of making a report under this Act.
22     Wherever the Statewide number is posted, there shall also
23 be posted the following notice:

 

 

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1     "Any person who knowingly transmits a false report to the
2 Department commits the offense of disorderly conduct under
3 subsection (a)(7) of Section 26-1 of the Criminal Code of 1961.
4 A first violation of this subsection is a Class A misdemeanor,
5 punishable by a term of imprisonment for up to one year, or by
6 a fine not to exceed $1,000, or by both such term and fine. A
7 second or subsequent violation is a Class 4 felony."
8     The report required by this Act shall include, if known,
9 the name and address of the child and his parents or other
10 persons having his custody; the child's age; the nature of the
11 child's condition including any evidence of previous injuries
12 or disabilities; and any other information that the person
13 filing the report believes might be helpful in establishing the
14 cause of such abuse or neglect and the identity of the person
15 believed to have caused such abuse or neglect. Reports made to
16 the central register through the State-wide, toll-free
17 telephone number shall be immediately transmitted by the
18 Department to the appropriate Child Protective Service Unit.
19 All such reports alleging the death of a child, serious injury
20 to a child including, but not limited to, brain damage, skull
21 fractures, subdural hematomas, and internal injuries, torture
22 of a child, malnutrition of a child, and sexual abuse to a
23 child, including, but not limited to, sexual intercourse,
24 sexual exploitation, sexual molestation, and sexually
25 transmitted disease in a child age 12 and under, shall also be
26 immediately transmitted by the Department to the appropriate

 

 

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1 local law enforcement agency. The Department shall within 24
2 hours orally notify local law enforcement personnel and the
3 office of the State's Attorney of the involved county of the
4 receipt of any report alleging the death of a child, serious
5 injury to a child including, but not limited to, brain damage,
6 skull fractures, subdural hematomas, and, internal injuries,
7 torture of a child, malnutrition of a child, and sexual abuse
8 to a child, including, but not limited to, sexual intercourse,
9 sexual exploitation, sexual molestation, and sexually
10 transmitted disease in a child age twelve and under. All oral
11 reports made by the Department to local law enforcement
12 personnel and the office of the State's Attorney of the
13 involved county shall be confirmed in writing within 24 48
14 hours of the oral report. All reports by persons mandated to
15 report under this Act shall be confirmed in writing to the
16 appropriate Child Protective Service Unit, which may be on
17 forms supplied by the Department, within 48 hours of any
18 initial report.
19     Written confirmation reports from persons not required to
20 report by this Act may be made to the appropriate Child
21 Protective Service Unit. Written reports from persons required
22 by this Act to report shall be admissible in evidence in any
23 judicial proceeding relating to child abuse or neglect. Reports
24 involving known or suspected child abuse or neglect in public
25 or private residential agencies or institutions shall be made
26 and received in the same manner as all other reports made under

 

 

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1 this Act.
2 (Source: P.A. 92-801, eff. 8-16-02.)
 
3     (325 ILCS 5/7.3)  (from Ch. 23, par. 2057.3)
4     Sec. 7.3. (a) The Department shall be the sole agency
5 responsible for receiving and investigating reports of child
6 abuse or neglect made under this Act, except where
7 investigations by other agencies may be required with respect
8 to reports alleging the death of a child, serious injury to a
9 child or sexual abuse to a child made pursuant to Sections 4.1
10 or 7 of this Act, and except that the Department may delegate
11 the performance of the investigation to the Department of State
12 Police, a law enforcement agency and to those private social
13 service agencies which have been designated for this purpose by
14 the Department prior to July 1, 1980.
15     (b) Notwithstanding any other provision of this Act, the
16 Department shall adopt rules expressly allowing law
17 enforcement personnel to investigate reports of suspected
18 child abuse or neglect concurrently with the Department,
19 without regard to whether the Department determines a report to
20 be "indicated" or "unfounded" or deems a report to be
21 "undetermined".
22 (Source: P.A. 85-1440.)
 
23     Section 99. Effective date. This Act takes effect upon
24 becoming law.