Full Text of SB2707 94th General Assembly
SB2707 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2707
Introduced 1/20/2006, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: |
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325 ILCS 5/3 |
from Ch. 23, par. 2053 |
325 ILCS 5/4 |
from Ch. 23, par. 2054 |
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Amends the Abused and Neglected Child Reporting Act. Provides that an information technology professional is a mandated reporter of suspected child abuse or neglect, and defines "information technology professional" to mean a person who is employed as a computer provider, computer installer, computer repair person, or Internet service provider.
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A BILL FOR
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SB2707 |
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LRB094 18803 DRJ 54211 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 | 5 |
| amended by changing Sections 3 and 4 as follows:
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| (325 ILCS 5/3) (from Ch. 23, par. 2053)
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| Sec. 3. As used in this Act unless the context otherwise | 8 |
| requires:
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| "Child" means any person under the age of 18 years, unless | 10 |
| legally
emancipated by reason of marriage or entry into a | 11 |
| branch of the United
States armed services.
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| "Department" means Department of Children and Family | 13 |
| Services.
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| "Local law enforcement agency" means the police of a city, | 15 |
| town,
village or other incorporated area or the sheriff of an | 16 |
| unincorporated
area or any sworn officer of the Illinois | 17 |
| Department of State Police.
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| "Abused child"
means a child whose parent or immediate | 19 |
| family
member,
or any person responsible for the child's | 20 |
| welfare, or any individual
residing in the same home as the | 21 |
| child, or a paramour of the child's parent:
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| (a) inflicts, causes to be inflicted, or allows to be
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| inflicted upon
such child physical injury, by other than | 24 |
| accidental means, which causes
death, disfigurement, | 25 |
| impairment of physical or
emotional health, or loss or | 26 |
| impairment of any bodily function;
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| (b) creates a substantial risk of physical injury to | 28 |
| such
child by
other than accidental means which would be | 29 |
| likely to cause death,
disfigurement, impairment of | 30 |
| physical or emotional health, or loss or
impairment of any | 31 |
| bodily function;
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| (c) commits or allows to be committed any sex offense |
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| against
such child,
as such sex offenses are defined in the | 2 |
| Criminal Code of 1961, as amended,
and extending those | 3 |
| definitions of sex offenses to include children under
18 | 4 |
| years of age;
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| (d) commits or allows to be committed an act or acts of
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| torture upon
such child;
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| (e) inflicts excessive corporal punishment;
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| (f) commits or allows to be committed
the offense of
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| female
genital mutilation, as defined in Section 12-34 of | 10 |
| the Criminal Code of
1961, against the child; or
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| (g) causes to be sold, transferred, distributed, or | 12 |
| given to
such child
under 18 years of age, a controlled | 13 |
| substance as defined in Section 102 of the
Illinois | 14 |
| Controlled Substances Act in violation of Article IV of the | 15 |
| Illinois
Controlled Substances Act or in violation of the | 16 |
| Methamphetamine Control and Community Protection Act, | 17 |
| except for controlled substances that are prescribed
in | 18 |
| accordance with Article III of the Illinois Controlled | 19 |
| Substances Act and
are dispensed to such child in a manner | 20 |
| that substantially complies with the
prescription.
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| A child shall not be considered abused for the sole reason | 22 |
| that the child
has been relinquished in accordance with the | 23 |
| Abandoned Newborn Infant
Protection Act.
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| "Neglected child" means any child who is not receiving the | 25 |
| proper or
necessary nourishment or medically indicated | 26 |
| treatment including food or care
not provided solely on the | 27 |
| basis of the present or anticipated mental or
physical | 28 |
| impairment as determined by a physician acting alone or in
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| consultation with other physicians or otherwise is not | 30 |
| receiving the proper or
necessary support or medical or other | 31 |
| remedial care recognized under State law
as necessary for a | 32 |
| child's well-being, or other care necessary for his or her
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| well-being, including adequate food, clothing and shelter; or | 34 |
| who is abandoned
by his or her parents or other person | 35 |
| responsible for the child's welfare
without a proper plan of | 36 |
| care; or who is a newborn infant whose blood, urine,
or |
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| meconium
contains any amount of a controlled substance as | 2 |
| defined in subsection (f) of
Section 102 of the Illinois | 3 |
| Controlled Substances Act or a metabolite thereof,
with the | 4 |
| exception of a controlled substance or metabolite thereof whose
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| presence in the newborn infant is the result of medical | 6 |
| treatment administered
to the mother or the newborn infant. A | 7 |
| child shall not be considered neglected
for the sole reason | 8 |
| that the child's parent or other person responsible for his
or | 9 |
| her welfare has left the child in the care of an adult relative | 10 |
| for any
period of time. A child shall not be considered | 11 |
| neglected for the sole reason
that the child has been | 12 |
| relinquished in accordance with the Abandoned Newborn
Infant | 13 |
| Protection Act. A child shall not be considered neglected or | 14 |
| abused
for the
sole reason that such child's parent or other | 15 |
| person responsible for his or her
welfare depends upon | 16 |
| spiritual means through prayer alone for the treatment or
cure | 17 |
| of disease or remedial care as provided under Section 4 of this | 18 |
| Act. A
child shall not be considered neglected or abused solely | 19 |
| because the child is
not attending school in accordance with | 20 |
| the requirements of Article 26 of The
School Code, as amended.
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| "Child Protective Service Unit" means certain specialized | 22 |
| State employees of
the Department assigned by the Director to | 23 |
| perform the duties and
responsibilities as provided under | 24 |
| Section 7.2 of this Act.
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| "Person responsible for the child's welfare" means the | 26 |
| child's parent;
guardian; foster parent; relative caregiver; | 27 |
| any person responsible for the
child's welfare in a public or | 28 |
| private residential agency or institution; any
person | 29 |
| responsible for the child's welfare within a public or private | 30 |
| profit or
not for profit child care facility; or any other | 31 |
| person responsible for the
child's welfare at the time of the | 32 |
| alleged abuse or neglect, or any person who
came to know the | 33 |
| child through an official capacity or position of trust,
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| including but not limited to health care professionals, | 35 |
| educational personnel,
recreational supervisors, members of | 36 |
| the clergy, and volunteers or
support personnel in any setting
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| where children may be subject to abuse or neglect.
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| "Temporary protective custody" means custody within a | 3 |
| hospital or
other medical facility or a place previously | 4 |
| designated for such custody
by the Department, subject to | 5 |
| review by the Court, including a licensed
foster home, group | 6 |
| home, or other institution; but such place shall not
be a jail | 7 |
| or other place for the detention of criminal or juvenile | 8 |
| offenders.
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| "An unfounded report" means any report made under this Act | 10 |
| for which
it is determined after an investigation that no | 11 |
| credible evidence of
abuse or neglect exists.
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| "An indicated report" means a report made under this Act if | 13 |
| an
investigation determines that credible evidence of the | 14 |
| alleged
abuse or neglect exists.
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| "An undetermined report" means any report made under this | 16 |
| Act in
which it was not possible to initiate or complete an | 17 |
| investigation on
the basis of information provided to the | 18 |
| Department.
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| "Subject of report" means any child reported to the central | 20 |
| register
of child abuse and neglect established under Section | 21 |
| 7.7 of this Act and
his or her parent, guardian or other person | 22 |
| responsible
who is also named in the report.
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| "Perpetrator" means a person who, as a result of | 24 |
| investigation, has
been determined by the Department to have | 25 |
| caused child abuse or neglect.
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| "Member of the clergy" means a clergyman or practitioner of | 27 |
| any religious
denomination accredited by the religious body to | 28 |
| which he or she belongs. | 29 |
| "Information technology professional" means a person who | 30 |
| is employed as a computer provider, computer installer, | 31 |
| computer repair person, or Internet service provider.
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| (Source: P.A. 94-556, eff. 9-11-05.)
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| (325 ILCS 5/4) (from Ch. 23, par. 2054)
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| Sec. 4. Persons required to report; privileged | 35 |
| communications;
transmitting false report. Any physician, |
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| resident, intern, hospital,
hospital administrator
and | 2 |
| personnel engaged in examination, care and treatment of | 3 |
| persons, surgeon,
dentist, dentist hygienist, osteopath, | 4 |
| chiropractor, podiatrist, physician
assistant, substance abuse | 5 |
| treatment personnel, funeral home
director or employee, | 6 |
| coroner, medical examiner, emergency medical technician,
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| acupuncturist, crisis line or hotline personnel, school | 8 |
| personnel, educational
advocate assigned to a child pursuant to | 9 |
| the School Code, truant officers,
social worker, social | 10 |
| services administrator,
domestic violence program personnel, | 11 |
| registered nurse, licensed
practical nurse, genetic counselor,
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| respiratory care practitioner, advanced practice nurse, home
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| health aide, director or staff
assistant of a nursery school or | 14 |
| a child day care center, recreational program
or facility | 15 |
| personnel, information technology professional, law | 16 |
| enforcement officer, licensed professional
counselor, licensed | 17 |
| clinical professional counselor, registered psychologist
and
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| assistants working under the direct supervision of a | 19 |
| psychologist,
psychiatrist, or field personnel of the Illinois
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| Department of Healthcare and Family Services
Public Aid ,
Public | 21 |
| Health, Human Services (acting as successor to the Department | 22 |
| of Mental
Health and Developmental Disabilities, | 23 |
| Rehabilitation Services, or Public Aid),
Corrections, Human | 24 |
| Rights, or Children and Family Services, supervisor and
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| administrator of general assistance under the Illinois Public | 26 |
| Aid Code,
probation officer, or any other foster parent, | 27 |
| homemaker or child care worker
having reasonable cause to | 28 |
| believe a child known to them in their professional
or official | 29 |
| capacity may be an abused child or a neglected child shall
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| immediately report or cause a report to be made to the | 31 |
| Department.
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| Any member of the clergy having reasonable cause to believe | 33 |
| that a child
known to that member of the clergy in his or her | 34 |
| professional capacity may be
an abused child as defined in item | 35 |
| (c) of the definition of "abused child" in
Section 3 of this | 36 |
| Act shall immediately report or cause a report to be made to
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| the Department.
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| Whenever
such person is required to report under this Act | 3 |
| in his capacity as a member of
the staff of a medical or other | 4 |
| public or private institution, school, facility
or agency, or | 5 |
| as a member of the clergy, he shall
make report immediately to | 6 |
| the Department in accordance
with the provisions of this Act | 7 |
| and may also notify the person in charge of
such institution, | 8 |
| school, facility or agency, or church, synagogue, temple,
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| mosque, or other religious institution, or his
designated agent | 10 |
| that such
report has been made. Under no circumstances shall | 11 |
| any person in charge of
such institution, school, facility or | 12 |
| agency, or church, synagogue, temple,
mosque, or other | 13 |
| religious institution, or his
designated agent to whom
such | 14 |
| notification has been made, exercise any control, restraint, | 15 |
| modification
or other change in the report or the forwarding of | 16 |
| such report to the
Department.
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| The privileged quality of communication between any | 18 |
| professional
person required to report
and his patient or | 19 |
| client shall not apply to situations involving abused or
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| neglected children and shall not constitute grounds for failure | 21 |
| to report
as required by this Act.
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| A member of the clergy may claim the privilege under | 23 |
| Section 8-803 of the
Code of Civil Procedure.
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| In addition to the above persons required to
report | 25 |
| suspected cases of abused or neglected children, any other | 26 |
| person
may make a report if such person has reasonable cause to | 27 |
| 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, | 29 |
| 1986 and is mandated by virtue of that
employment to report | 30 |
| under this Act, shall sign a statement on a form
prescribed by | 31 |
| the Department, to the effect that the employee has knowledge
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| and understanding of the reporting requirements of this Act. | 33 |
| The statement
shall be signed prior to commencement of the | 34 |
| employment. The signed
statement shall be retained by the | 35 |
| employer. The cost of printing,
distribution, and filing of the | 36 |
| statement shall be borne by the employer.
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| The Department shall provide copies of this Act, upon | 2 |
| request, to all
employers employing persons who shall be | 3 |
| required under the provisions of
this Section to report under | 4 |
| this Act.
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| Any person who knowingly transmits a false report to the | 6 |
| Department
commits the offense of disorderly conduct under | 7 |
| subsection (a)(7) of
Section 26-1 of the "Criminal Code of | 8 |
| 1961". Any person who violates this
provision a second or | 9 |
| subsequent time shall be guilty of a Class 3
felony.
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| Any person who knowingly and willfully violates any | 11 |
| provision of this
Section other than a second or subsequent | 12 |
| 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 | 14 |
| first violation and a Class 4 felony for a
second or subsequent | 15 |
| violation; except that if the person acted as part
of a plan or | 16 |
| scheme having as its object the
prevention of discovery of an | 17 |
| abused or neglected child by lawful authorities
for the
purpose | 18 |
| 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 | 20 |
| first offense and a Class 3 felony
for a second or
subsequent | 21 |
| 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 | 23 |
| prior offense).
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| A child whose parent, guardian or custodian in good faith | 25 |
| selects and depends
upon spiritual means through prayer alone | 26 |
| for the treatment or cure of
disease or remedial care may be | 27 |
| considered neglected or abused, but not for
the sole reason | 28 |
| that his parent, guardian or custodian accepts and
practices | 29 |
| such beliefs.
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| A child shall not be considered neglected or abused solely | 31 |
| because the
child is not attending school in accordance with | 32 |
| the requirements of
Article 26 of the School Code, as amended.
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| (Source: P.A. 92-16, eff. 6-28-01; 92-801, eff. 8-16-02; | 34 |
| 93-137, eff. 7-10-03; 93-356, eff. 7-24-03; 93-431, eff. | 35 |
| 8-5-03; 93-1041, eff. 9-29-04; revised 12-15-05.)
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