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Rep. Dan Brady
Filed: 5/16/2007
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09500HB3170ham004 |
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LRB095 06980 RAS 36372 a |
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| AMENDMENT TO HOUSE BILL 3170
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| AMENDMENT NO. ______. Amend House Bill 3170 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Abused and Neglected Child Reporting Act is |
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| amended by changing Sections 4 and 9 as follows:
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| (325 ILCS 5/4) (from Ch. 23, par. 2054)
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| Sec. 4. Persons required to report; privileged |
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| communications;
transmitting false report. Any physician, |
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| resident, intern, hospital,
hospital administrator
and |
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| personnel engaged in examination, care and treatment of |
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| persons, surgeon,
dentist, dentist hygienist, osteopath, |
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| chiropractor, podiatrist, physician
assistant, substance abuse |
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| treatment personnel, funeral home
director or employee, |
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| coroner, medical examiner, emergency medical technician,
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| acupuncturist, crisis line or hotline personnel, school |
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| personnel (including administrators and both certified and |
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LRB095 06980 RAS 36372 a |
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| non-certified school employees), educational
advocate assigned |
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| to a child pursuant to the School Code, truant officers,
social |
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| worker, social services administrator,
domestic violence |
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| program personnel, registered nurse, licensed
practical nurse, |
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| genetic counselor,
respiratory care practitioner, advanced |
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| practice nurse, home
health aide, director or staff
assistant |
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| of a nursery school or a child day care center, recreational |
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| program
or facility personnel, law enforcement officer, |
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| licensed professional
counselor, licensed clinical |
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| professional counselor, registered psychologist
and
assistants |
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| working under the direct supervision of a psychologist,
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| psychiatrist, or field personnel of the Department of |
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| Healthcare and Family Services,
Public Health, Human Services |
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| (acting as successor to the Department of Mental
Health and |
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| Developmental Disabilities, Rehabilitation Services, or Public |
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| Aid),
Corrections, Human Rights, or Children and Family |
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| Services, supervisor and
administrator of general assistance |
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| under the Illinois Public Aid Code,
probation officer, or any |
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| other foster parent, homemaker or child care worker
having |
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| reasonable cause to believe a child known to them in their |
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| professional
or official capacity may be an abused child or a |
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| neglected child shall
immediately report or cause a report to |
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| be made to the Department.
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| Any member of the clergy having reasonable cause to believe |
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| that a child
known to that member of the clergy in his or her |
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| professional capacity may be
an abused child as defined in item |
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LRB095 06980 RAS 36372 a |
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| (c) of the definition of "abused child" in
Section 3 of this |
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| Act shall immediately report or cause a report to be made to
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| the Department.
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| If an allegation is raised to a school board member during |
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| the course of an open or closed school board meeting that a |
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| child who is enrolled in the school district of which he or she |
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| is a board member is an abused child as defined in Section 3 of |
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| this Act, the member shall direct or cause the school board to |
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| direct the superintendent of the school district or other |
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| equivalent school administrator to comply with the |
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| requirements of this Act concerning the reporting of child |
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| abuse. For purposes of this paragraph, a school board member is |
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| granted the authority in his or her individual capacity to |
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| direct the superintendent of the school district or other |
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| equivalent school administrator to comply with the |
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| requirements of this Act concerning the reporting of child |
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| abuse.
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| Notwithstanding any other provision of this Act, if an |
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| employee of a school district has made a report or caused a |
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| report to be made to the Department under this Act involving |
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| the conduct of a current or former employee of the school |
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| district and a request is made by another school district for |
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| the provision of information concerning the job performance or |
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| qualifications of the current or former employee because he or |
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| she is an applicant for employment with the requesting school |
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| district, the school district to which the request is being |
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LRB095 06980 RAS 36372 a |
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| made must disclose to the requesting school district the fact |
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| that an employee of the school district has made a report |
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| involving the conduct of the applicant or caused a report to be |
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| made to the Department, as required under this Act. Only the |
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| fact that an employee of the school district has made a report |
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| involving the conduct of the applicant or caused a report to be |
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| made to the Department may be disclosed by the school district |
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| to which the request for information concerning the applicant |
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| is made, and this fact may be disclosed only in cases where the |
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| employee has not been informed by the Department that the |
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| allegations were unfounded. An employee of a school district |
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| who is or has been the subject of a report made pursuant to |
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| this Act during his or her employment with the school district |
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| must be informed by that school district that if he or she |
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| applies for employment with another school district, the former |
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| school district, upon the request of the school district to |
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| which the employee applies, shall notify that requesting school |
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| district that the employee is or was the subject of such a |
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| report.
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| Whenever
such person is required to report under this Act |
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| in his capacity as a member of
the staff of a medical or other |
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| public or private institution, school, facility
or agency, or |
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| as a member of the clergy, he shall
make report immediately to |
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| the Department in accordance
with the provisions of this Act |
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| and may also notify the person in charge of
such institution, |
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| school, facility or agency, or church, synagogue, temple,
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LRB095 06980 RAS 36372 a |
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| mosque, or other religious institution, or his
designated agent |
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| that such
report has been made. Under no circumstances shall |
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| any person in charge of
such institution, school, facility or |
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| agency, or church, synagogue, temple,
mosque, or other |
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| religious institution, or his
designated agent to whom
such |
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| notification has been made, exercise any control, restraint, |
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| modification
or other change in the report or the forwarding of |
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| such report to the
Department.
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| The privileged quality of communication between any |
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| professional
person required to report
and his patient or |
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| client shall not apply to situations involving abused or
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| neglected children and shall not constitute grounds for failure |
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| to report
as required by this Act.
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| A member of the clergy may claim the privilege under |
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| Section 8-803 of the
Code of Civil Procedure.
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| In addition to the above persons required to
report |
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| suspected cases of abused or neglected children, any other |
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| person
may make a report if such person has reasonable cause to |
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| believe a child
may be an abused child or a neglected child.
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| Any person who enters into
employment on and after July 1, |
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| 1986 and is mandated by virtue of that
employment to report |
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| under this Act, shall sign a statement on a form
prescribed by |
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| the Department, to the effect that the employee has knowledge
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| and understanding of the reporting requirements of this Act. |
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| The statement
shall be signed prior to commencement of the |
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| employment. The signed
statement shall be retained by the |
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LRB095 06980 RAS 36372 a |
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| employer. The cost of printing,
distribution, and filing of the |
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| statement shall be borne by the employer.
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| The Department shall provide copies of this Act, upon |
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| request, to all
employers employing persons who shall be |
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| required under the provisions of
this Section to report under |
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| this Act.
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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 |
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| 1961". Any person who violates this
provision a second or |
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| subsequent time shall be guilty of a Class 3
felony.
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| Any person who knowingly and willfully violates any |
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| provision of this
Section other than a second or subsequent |
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| violation of transmitting a
false report as described in the
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| preceding paragraph, is guilty of a Class A misdemeanor for
a |
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| first violation and a Class 4 felony for a
second or subsequent |
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| violation; except that if the person acted as part
of a plan or |
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| scheme having as its object the
prevention of discovery of an |
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| abused or neglected child by lawful authorities
for the
purpose |
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| of protecting or insulating any person or entity from arrest or
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| prosecution, the
person is guilty of a Class 4 felony for a |
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| first offense and a Class 3 felony
for a second or
subsequent |
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| offense (regardless of whether the second or subsequent offense
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| involves any
of the same facts or persons as the first or other |
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| prior offense).
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| A child whose parent, guardian or custodian in good faith |
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LRB095 06980 RAS 36372 a |
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| selects and depends
upon spiritual means through prayer alone |
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| for the treatment or cure of
disease or remedial care may be |
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| considered neglected or abused, but not for
the sole reason |
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| that his parent, guardian or custodian accepts and
practices |
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| such beliefs.
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| A child shall not be considered neglected or abused solely |
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| because the
child is not attending school in accordance with |
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| the requirements of
Article 26 of the School Code, as amended.
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| (Source: P.A. 93-137, eff. 7-10-03; 93-356, eff. 7-24-03; |
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| 93-431, eff. 8-5-03; 93-1041, eff. 9-29-04; 94-888, eff. |
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| 6-20-06.)
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| (325 ILCS 5/9) (from Ch. 23, par. 2059)
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| Sec. 9. Any person, institution or agency, under this Act, |
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| participating
in good faith in the making of a report or |
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| referral, or in the investigation of
such a report or referral |
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| or in the taking of photographs and x-rays
or in the retaining |
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| a child in temporary protective custody or in making a
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| disclosure of information concerning reports of child abuse and |
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| neglect in
compliance with Sections 4.2 and 11.1 of this Act or |
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| Section 4, as it relates to disclosure by school personnel and |
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| except in cases of wilful or wanton misconduct, shall have |
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| immunity
from any liability, civil,
criminal or that otherwise |
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| might result by reason of such actions. For
the purpose of any |
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| proceedings,
civil or criminal, the good faith of any persons |
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| required to report or refer,
or permitted to report,
cases of |