Illinois General Assembly - Full Text of SB3223
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Full Text of SB3223  98th General Assembly




State of Illinois
2013 and 2014


Introduced 2/11/2014, by Sen. Andy Manar


325 ILCS 5/7.4  from Ch. 23, par. 2057.4

    Amends the Abused and Neglected Child Reporting Act. Provides that during the course of an investigation by the Department of Children and Family Services, information regarding a medical examination of a child and prior medical records relating to the alleged maltreatment or care of the child, including reports of a medical examination of the child and prior medical records of the child or of the child's sibling or siblings and any police reports concerning the child or the child's sibling or siblings, shall be requested by the Department. Provides that the Department shall be provided with these reports within 3 business days after making a written request.

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SB3223LRB098 18988 KTG 55024 b

1    AN ACT concerning children.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Section 7.4 as follows:
6    (325 ILCS 5/7.4)  (from Ch. 23, par. 2057.4)
7    Sec. 7.4. (a) The Department shall be capable of receiving
8reports of suspected child abuse or neglect 24 hours a day, 7
9days a week. Whenever the Department receives a report alleging
10that a child is a truant as defined in Section 26-2a of The
11School Code, as now or hereafter amended, the Department shall
12notify the superintendent of the school district in which the
13child resides and the appropriate superintendent of the
14educational service region. The notification to the
15appropriate officials by the Department shall not be considered
16an allegation of abuse or neglect under this Act.
17    (a-5) Beginning January 1, 2010, the Department of Children
18and Family Services may implement a 5-year demonstration of a
19"differential response program" in accordance with criteria,
20standards, and procedures prescribed by rule. The program may
21provide that, upon receiving a report, the Department shall
22determine whether to conduct a family assessment or an
23investigation as appropriate to prevent or provide a remedy for



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1child abuse or neglect.
2    For purposes of this subsection (a-5), "family assessment"
3means a comprehensive assessment of child safety, risk of
4subsequent child maltreatment, and family strengths and needs
5that is applied to a child maltreatment report that does not
6allege substantial child endangerment. "Family assessment"
7does not include a determination as to whether child
8maltreatment occurred but does determine the need for services
9to address the safety of family members and the risk of
10subsequent maltreatment.
11    For purposes of this subsection (a-5), "investigation"
12means fact-gathering related to the current safety of a child
13and the risk of subsequent abuse or neglect that determines
14whether a report of suspected child abuse or neglect should be
15indicated or unfounded and whether child protective services
16are needed.
17    Under the "differential response program" implemented
18under this subsection (a-5), the Department:
19        (1) Shall conduct an investigation on reports
20    involving substantial child abuse or neglect.
21        (2) Shall begin an immediate investigation if, at any
22    time when it is using a family assessment response, it
23    determines that there is reason to believe that substantial
24    child abuse or neglect or a serious threat to the child's
25    safety exists.
26        (3) May conduct a family assessment for reports that do



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1    not allege substantial child endangerment. In determining
2    that a family assessment is appropriate, the Department may
3    consider issues including, but not limited to, child
4    safety, parental cooperation, and the need for an immediate
5    response.
6        (4) Shall promulgate criteria, standards, and
7    procedures that shall be applied in making this
8    determination, taking into consideration the Child
9    Endangerment Risk Assessment Protocol of the Department.
10        (5) May conduct a family assessment on a report that
11    was initially screened and assigned for an investigation.
12    In determining that a complete investigation is not
13required, the Department must document the reason for
14terminating the investigation and notify the local law
15enforcement agency or the Department of State Police if the
16local law enforcement agency or Department of State Police is
17conducting a joint investigation.
18    Once it is determined that a "family assessment" will be
19implemented, the case shall not be reported to the central
20register of abuse and neglect reports.
21    During a family assessment, the Department shall collect
22any available and relevant information to determine child
23safety, risk of subsequent abuse or neglect, and family
25    Information collected includes, but is not limited to, when
26relevant: information with regard to the person reporting the



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1alleged abuse or neglect, including the nature of the
2reporter's relationship to the child and to the alleged
3offender, and the basis of the reporter's knowledge for the
4report; the child allegedly being abused or neglected; the
5alleged offender; the child's caretaker; and other collateral
6sources having relevant information related to the alleged
7abuse or neglect. Information relevant to the assessment must
8be asked for, and may include:
9        (A) The child's sex and age, prior reports of abuse or
10    neglect, information relating to developmental
11    functioning, credibility of the child's statement, and
12    whether the information provided under this paragraph (A)
13    is consistent with other information collected during the
14    course of the assessment or investigation.
15        (B) The alleged offender's age, a record check for
16    prior reports of abuse or neglect, and criminal charges and
17    convictions. The alleged offender may submit supporting
18    documentation relevant to the assessment.
19        (C) Collateral source information regarding the
20    alleged abuse or neglect and care of the child. Collateral
21    information includes, when relevant: (i) a medical
22    examination of the child; (ii) prior medical records
23    relating to the alleged maltreatment or care of the child
24    maintained by any facility, clinic, or health care
25    professional, and an interview with the treating
26    professionals; and (iii) interviews with the child's



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1    caretakers, including the child's parent, guardian, foster
2    parent, child care provider, teachers, counselors, family
3    members, relatives, and other persons who may have
4    knowledge regarding the alleged maltreatment and the care
5    of the child. During the course of an investigation by the
6    Department of Children and Family Services, information
7    regarding items (i) or (ii) of this paragraph (C),
8    including reports of a medical examination of the child and
9    prior medical records of the child or of the child's
10    sibling or siblings and any police reports concerning the
11    child or the child's sibling or siblings, shall be
12    requested by the Department. The Department shall be
13    provided with these reports within 3 business days after
14    making a written request.
15        (D) Information on the existence of domestic abuse and
16    violence in the home of the child, and substance abuse.
17    Nothing in this subsection (a-5) precludes the Department
18from collecting other relevant information necessary to
19conduct the assessment or investigation. Nothing in this
20subsection (a-5) shall be construed to allow the name or
21identity of a reporter to be disclosed in violation of the
22protections afforded under Section 7.19 of this Act.
23    After conducting the family assessment, the Department
24shall determine whether services are needed to address the
25safety of the child and other family members and the risk of
26subsequent abuse or neglect.



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1    Upon completion of the family assessment, if the Department
2concludes that no services shall be offered, then the case
3shall be closed. If the Department concludes that services
4shall be offered, the Department shall develop a family
5preservation plan and offer or refer services to the family.
6    At any time during a family assessment, if the Department
7believes there is any reason to stop the assessment and conduct
8an investigation based on the information discovered, the
9Department shall do so.
10    The procedures available to the Department in conducting
11investigations under this Act shall be followed as appropriate
12during a family assessment.
13    The Department shall arrange for an independent evaluation
14of the "differential response program" authorized and
15implemented under this subsection (a-5) to determine whether it
16is meeting the goals in accordance with Section 2 of this Act.
17The Department may adopt administrative rules necessary for the
18execution of this Section, in accordance with Section 4 of the
19Children and Family Services Act.
20    The demonstration conducted under this subsection (a-5)
21shall become a permanent program on January 1, 2015, upon
22completion of the demonstration project period.
23    (b) (1) The following procedures shall be followed in the
24    investigation of all reports of suspected abuse or neglect
25    of a child, except as provided in subsection (c) of this
26    Section.



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1        (2) If, during a family assessment authorized by
2    subsection (a-5) or an investigation, it appears that the
3    immediate safety or well-being of a child is endangered,
4    that the family may flee or the child disappear, or that
5    the facts otherwise so warrant, the Child Protective
6    Service Unit shall commence an investigation immediately,
7    regardless of the time of day or night. All other
8    investigations shall be commenced within 24 hours of
9    receipt of the report. Upon receipt of a report, the Child
10    Protective Service Unit shall conduct a family assessment
11    authorized by subsection (a-5) or begin an initial
12    investigation and make an initial determination whether
13    the report is a good faith indication of alleged child
14    abuse or neglect.
15        (3) Based on an initial investigation, if the Unit
16    determines the report is a good faith indication of alleged
17    child abuse or neglect, then a formal investigation shall
18    commence and, pursuant to Section 7.12 of this Act, may or
19    may not result in an indicated report. The formal
20    investigation shall include: direct contact with the
21    subject or subjects of the report as soon as possible after
22    the report is received; an evaluation of the environment of
23    the child named in the report and any other children in the
24    same environment; a determination of the risk to such
25    children if they continue to remain in the existing
26    environments, as well as a determination of the nature,



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1    extent and cause of any condition enumerated in such
2    report; the name, age and condition of other children in
3    the environment; and an evaluation as to whether there
4    would be an immediate and urgent necessity to remove the
5    child from the environment if appropriate family
6    preservation services were provided. After seeing to the
7    safety of the child or children, the Department shall
8    forthwith notify the subjects of the report in writing, of
9    the existence of the report and their rights existing under
10    this Act in regard to amendment or expungement. To fulfill
11    the requirements of this Section, the Child Protective
12    Service Unit shall have the capability of providing or
13    arranging for comprehensive emergency services to children
14    and families at all times of the day or night.
15        (4) If (i) at the conclusion of the Unit's initial
16    investigation of a report, the Unit determines the report
17    to be a good faith indication of alleged child abuse or
18    neglect that warrants a formal investigation by the Unit,
19    the Department, any law enforcement agency or any other
20    responsible agency and (ii) the person who is alleged to
21    have caused the abuse or neglect is employed or otherwise
22    engaged in an activity resulting in frequent contact with
23    children and the alleged abuse or neglect are in the course
24    of such employment or activity, then the Department shall,
25    except in investigations where the Director determines
26    that such notification would be detrimental to the



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1    Department's investigation, inform the appropriate
2    supervisor or administrator of that employment or activity
3    that the Unit has commenced a formal investigation pursuant
4    to this Act, which may or may not result in an indicated
5    report. The Department shall also notify the person being
6    investigated, unless the Director determines that such
7    notification would be detrimental to the Department's
8    investigation.
9    (c) In an investigation of a report of suspected abuse or
10neglect of a child by a school employee at a school or on
11school grounds, the Department shall make reasonable efforts to
12follow the following procedures:
13        (1) Investigations involving teachers shall not, to
14    the extent possible, be conducted when the teacher is
15    scheduled to conduct classes. Investigations involving
16    other school employees shall be conducted so as to minimize
17    disruption of the school day. The school employee accused
18    of child abuse or neglect may have his superior, his
19    association or union representative and his attorney
20    present at any interview or meeting at which the teacher or
21    administrator is present. The accused school employee
22    shall be informed by a representative of the Department, at
23    any interview or meeting, of the accused school employee's
24    due process rights and of the steps in the investigation
25    process. The information shall include, but need not
26    necessarily be limited to the right, subject to the



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1    approval of the Department, of the school employee to
2    confront the accuser, if the accuser is 14 years of age or
3    older, or the right to review the specific allegations
4    which gave rise to the investigation, and the right to
5    review all materials and evidence that have been submitted
6    to the Department in support of the allegation. These due
7    process rights shall also include the right of the school
8    employee to present countervailing evidence regarding the
9    accusations.
10        (2) If a report of neglect or abuse of a child by a
11    teacher or administrator does not involve allegations of
12    sexual abuse or extreme physical abuse, the Child
13    Protective Service Unit shall make reasonable efforts to
14    conduct the initial investigation in coordination with the
15    employee's supervisor.
16        If the Unit determines that the report is a good faith
17    indication of potential child abuse or neglect, it shall
18    then commence a formal investigation under paragraph (3) of
19    subsection (b) of this Section.
20        (3) If a report of neglect or abuse of a child by a
21    teacher or administrator involves an allegation of sexual
22    abuse or extreme physical abuse, the Child Protective Unit
23    shall commence an investigation under paragraph (2) of
24    subsection (b) of this Section.
25    (c-5) In any instance in which a report is made or caused
26to made by a school district employee involving the conduct of



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1a person employed by the school district, at the time the
2report was made, as required under Section 4 of this Act, the
3Child Protective Service Unit shall send a copy of its final
4finding report to the general superintendent of that school
6    (d) If the Department has contact with an employer, or with
7a religious institution or religious official having
8supervisory or hierarchical authority over a member of the
9clergy accused of the abuse of a child, in the course of its
10investigation, the Department shall notify the employer or the
11religious institution or religious official, in writing, when a
12report is unfounded so that any record of the investigation can
13be expunged from the employee's or member of the clergy's
14personnel or other records. The Department shall also notify
15the employee or the member of the clergy, in writing, that
16notification has been sent to the employer or to the
17appropriate religious institution or religious official
18informing the employer or religious institution or religious
19official that the Department's investigation has resulted in an
20unfounded report.
21    (e) Upon request by the Department, the Department of State
22Police and law enforcement agencies are authorized to provide
23criminal history record information as defined in the Illinois
24Uniform Conviction Information Act and information maintained
25in the adjudicatory and dispositional record system as defined
26in Section 2605-355 of the Department of State Police Law (20



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1ILCS 2605/2605-355) to properly designated employees of the
2Department of Children and Family Services if the Department
3determines the information is necessary to perform its duties
4under the Abused and Neglected Child Reporting Act, the Child
5Care Act of 1969, and the Children and Family Services Act. The
6request shall be in the form and manner required by the
7Department of State Police. Any information obtained by the
8Department of Children and Family Services under this Section
9is confidential and may not be transmitted outside the
10Department of Children and Family Services other than to a
11court of competent jurisdiction or unless otherwise authorized
12by law. Any employee of the Department of Children and Family
13Services who transmits confidential information in violation
14of this Section or causes the information to be transmitted in
15violation of this Section is guilty of a Class A misdemeanor
16unless the transmittal of the information is authorized by this
17Section or otherwise authorized by law.
18    (f) For purposes of this Section "child abuse or neglect"
19includes abuse or neglect of an adult resident as defined in
20this Act.
21(Source: P.A. 95-908, eff. 8-26-08; 96-760, eff. 1-1-10;
2296-1446, eff. 8-20-10.)