Full Text of HB4309 93rd General Assembly
HB4309 93RD GENERAL ASSEMBLY
|
|
|
93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4309
Introduced 02/02/04, by Cynthia Soto SYNOPSIS AS INTRODUCED: |
|
325 ILCS 5/7 |
from Ch. 23, par. 2057 |
325 ILCS 5/7.6 |
from Ch. 23, par. 2057.6 |
|
Amends the Abused and Neglected Child Reporting Act. Provides for a State-wide, Spanish-speaking, toll-free telephone number staffed by persons fluent in Spanish that shall be established and maintained by the Department of Children and Family Services that all persons, whether or not mandated by law, may use to report suspected child abuse or neglect at any hour of the day or night, on any day of the week. Effective July 1, 2004.
|
|
|
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB4309 |
|
LRB093 18970 LCB 44705 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 7.6 and by adding Section | 6 |
| 7.6a as follows:
| 7 |
| (325 ILCS 5/7) (from Ch. 23, par. 2057)
| 8 |
| Sec. 7. Time and manner of making reports. All reports of | 9 |
| suspected
child abuse or neglect made
under this Act shall be | 10 |
| made immediately by telephone to the central register
| 11 |
| established under Section 7.7 on the single, State-wide, | 12 |
| toll-free telephone
numbers
number established in Section 7.6, | 13 |
| or in person or by telephone through
the nearest Department | 14 |
| office. The Department shall, in cooperation with
school | 15 |
| officials, distribute
appropriate materials in school | 16 |
| buildings
listing the toll-free telephone numbers
number | 17 |
| established in Section 7.6,
including methods of making a | 18 |
| report under this Act.
The Department may, in cooperation with | 19 |
| appropriate members of the clergy,
distribute appropriate | 20 |
| materials in churches, synagogues, temples, mosques, or
other | 21 |
| religious buildings listing the toll-free telephone numbers
| 22 |
| number
established in Section 7.6, including methods of making | 23 |
| a report under this
Act.
| 24 |
| Wherever the Statewide numbers
number is posted, there | 25 |
| shall also be posted the
following notice:
| 26 |
| "Any person who knowingly transmits a false report to the | 27 |
| Department
commits the offense of disorderly conduct under | 28 |
| subsection (a)(7) of
Section 26-1 of the Criminal Code of 1961. | 29 |
| A first violation of this
subsection is a Class A misdemeanor, | 30 |
| punishable by a term of imprisonment
for up to one year, or by | 31 |
| a fine not to exceed $1,000, or by both such term
and fine. A | 32 |
| second or subsequent violation is a Class 4 felony."
|
|
|
|
HB4309 |
- 2 - |
LRB093 18970 LCB 44705 b |
|
| 1 |
| The report required by this Act shall include, if known, | 2 |
| the name
and address of the child and his parents or other | 3 |
| persons having his
custody; the child's age; the nature of the | 4 |
| child's condition including any
evidence of previous injuries | 5 |
| or disabilities; and any other information
that the person | 6 |
| filing the report believes might be helpful in
establishing the | 7 |
| cause of such abuse or neglect and the identity of the
person | 8 |
| believed to have caused such abuse or neglect. Reports made to | 9 |
| the
central register through the State-wide, toll-free | 10 |
| telephone numbers
number shall
be immediately transmitted to | 11 |
| the appropriate Child Protective Service
Unit. The Department | 12 |
| shall within 24 hours orally notify local law
enforcement | 13 |
| personnel and the office of the State's Attorney of the
| 14 |
| involved county of the receipt of any report alleging the death | 15 |
| of a child,
serious injury to a child including, but not | 16 |
| limited to, brain damage,
skull fractures, subdural hematomas, | 17 |
| and, internal injuries, torture of a
child, malnutrition of a | 18 |
| child, and sexual abuse to a child, including, but
not limited | 19 |
| to, sexual intercourse, sexual exploitation, sexual
| 20 |
| molestation, and sexually transmitted disease in a child age
| 21 |
| twelve and under. All
oral reports made by the Department to | 22 |
| local law enforcement personnel and
the office of the State's | 23 |
| Attorney of the involved county shall be
confirmed in writing | 24 |
| within 48 hours of the oral report. All reports by
persons | 25 |
| mandated to report under this Act shall be confirmed in writing | 26 |
| to
the appropriate Child Protective Service Unit, which may be | 27 |
| on forms
supplied by the Department, within 48 hours of any | 28 |
| initial report.
| 29 |
| Written confirmation reports from persons not required to | 30 |
| report by this
Act may be made to the appropriate Child | 31 |
| Protective Service Unit. Written
reports from persons required | 32 |
| by this Act to report shall be admissible
in evidence in any | 33 |
| judicial proceeding relating to child abuse or neglect.
Reports | 34 |
| involving known or suspected child abuse or neglect in public | 35 |
| or
private residential agencies or institutions shall be made | 36 |
| and received
in the same manner as all other reports made under |
|
|
|
HB4309 |
- 3 - |
LRB093 18970 LCB 44705 b |
|
| 1 |
| this Act.
| 2 |
| (Source: P.A. 92-801, eff. 8-16-02.)
| 3 |
| (325 ILCS 5/7.6) (from Ch. 23, par. 2057.6)
| 4 |
| Sec. 7.6. There shall be a single State-wide, toll-free | 5 |
| telephone number
established and maintained by the Department | 6 |
| which all persons, whether
or not mandated by law, may use to | 7 |
| report suspected child abuse
or neglect at any hour of the day | 8 |
| or night, on any day of the week. There shall also be | 9 |
| established and maintained by the Department a State-wide, | 10 |
| Spanish-speaking, toll-free number staffed by persons fluent | 11 |
| in Spanish which all persons, whether or not mandated by law, | 12 |
| may use to report suspected child abuse or neglect at any hour | 13 |
| of the day or night, any day of the week. Immediately
upon | 14 |
| receipt of such reports, the Department shall transmit the | 15 |
| contents
of the report, either orally or electronically, to the | 16 |
| appropriate Child
Protective Service Unit. Any other person may | 17 |
| use the State-wide number
to obtain assistance or information | 18 |
| concerning the handling of child abuse
and neglect cases.
| 19 |
| Wherever the Statewide numbers are
number is posted, there | 20 |
| shall also be posted , in English and Spanish, the
following | 21 |
| notice:
| 22 |
| "Any person who knowingly transmits a false report to the | 23 |
| Department
commits the offense of disorderly conduct under | 24 |
| subsection (a)(7) of
Section 26-1 of the Criminal Code of 1961. | 25 |
| A violation of this subsection
is a Class B misdemeanor, | 26 |
| punishable by a term of imprisonment for not more
than 6 | 27 |
| months, or by a fine not to exceed $500, or by both such term | 28 |
| and fine."
| 29 |
| (Source: P.A. 84-1318.)
| 30 |
| Section 99. Effective date. This Act takes effect July 1, | 31 |
| 2004.
|
|