Full Text of SB0208 94th General Assembly
SB0208ham003 94TH GENERAL ASSEMBLY
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Rep. Michelle Chavez
Filed: 5/28/2005
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09400SB0208ham003 |
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LRB094 08003 DRJ 47329 a |
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| AMENDMENT TO SENATE BILL 208
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| AMENDMENT NO. ______. Amend Senate Bill 208, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Abused and Neglected Child Reporting Act is | 6 |
| amended by changing Section 4 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 | 9 |
| communications;
transmitting false report. Any physician, | 10 |
| resident, intern, hospital,
hospital administrator
and | 11 |
| personnel engaged in examination, care and treatment of | 12 |
| persons, surgeon,
dentist, dentist hygienist, osteopath, | 13 |
| chiropractor, podiatrist, physician
assistant, substance abuse | 14 |
| treatment personnel, funeral home
director or employee, | 15 |
| coroner, medical examiner, emergency medical technician,
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| acupuncturist, crisis line or hotline personnel, school | 17 |
| personnel, educational
advocate assigned to a child pursuant to | 18 |
| the School Code, truant officers,
social worker, social | 19 |
| services administrator,
domestic violence program personnel, | 20 |
| 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 | 23 |
| a child day care center, recreational program
or facility | 24 |
| personnel, law enforcement officer, licensed professional
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LRB094 08003 DRJ 47329 a |
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| counselor, licensed clinical professional counselor, | 2 |
| registered psychologist
and
assistants working under the | 3 |
| direct supervision of a psychologist,
psychiatrist, or field | 4 |
| personnel of the Illinois Department of Public Aid,
Public | 5 |
| Health, Human Services (acting as successor to the Department | 6 |
| of Mental
Health and Developmental Disabilities, | 7 |
| Rehabilitation Services, or Public Aid),
Corrections, Human | 8 |
| Rights, or Children and Family Services, supervisor and
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| administrator of general assistance under the Illinois Public | 10 |
| Aid Code,
probation officer, or any other foster parent, | 11 |
| homemaker or child care worker
having reasonable cause to | 12 |
| believe a child ( known to them in their professional
or | 13 |
| official capacity ) may be an abused child or a neglected child | 14 |
| shall
immediately report or cause a report to be made to the | 15 |
| Department.
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| A board member performing duties under Article 10 or | 17 |
| Article 34 of the School Code, or a member of the governing | 18 |
| body of a private school, while acting in his or her official | 19 |
| capacity, who acquires actual knowledge that a child who is | 20 |
| known to the member in the member's official capacity and who | 21 |
| is enrolled in a school that is subject to the board or | 22 |
| governing body of which he or she is a member is an abused | 23 |
| child as defined in Section 3 of this Act shall immediately | 24 |
| report that knowledge to the Department or cause such a report | 25 |
| to be made to the Department. For purposes of this paragraph, | 26 |
| "while acting in his or her official capacity" means while | 27 |
| performing the duties enumerated under Article 10 or Article 34 | 28 |
| of the School Code. | 29 |
| Within one year after the effective date of this amendatory | 30 |
| Act of the 94th General Assembly or within one year after | 31 |
| becoming a mandated reporter, whichever is later, a person | 32 |
| mandated to report suspected abuse or neglect under this | 33 |
| Section must do one of the following: | 34 |
| (1) read the requirements of this Act concerning |
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| mandated reporters, or read a document prepared by or | 2 |
| approved by the Department concerning child abuse and | 3 |
| neglect and the making of reports under this Section; or | 4 |
| (2) sign a statement, on a form prescribed by or | 5 |
| approved by the Department, to the effect that the person | 6 |
| understands his or her responsibilities under this | 7 |
| Section.
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| Any member of the clergy having reasonable cause to believe | 9 |
| that a child
known to that member of the clergy in his or her | 10 |
| professional capacity may be
an abused child as defined in item | 11 |
| (c) of the definition of "abused child" in
Section 3 of this | 12 |
| 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 | 15 |
| in his capacity as a member of
the staff of a medical or other | 16 |
| public or private institution, school, facility
or agency, or | 17 |
| as a member of the clergy, he shall
make report immediately to | 18 |
| the Department in accordance
with the provisions of this Act | 19 |
| and may also notify the person in charge of
such institution, | 20 |
| school, facility or agency, or church, synagogue, temple,
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| mosque, or other religious institution, or his
designated agent | 22 |
| that such
report has been made. Under no circumstances shall | 23 |
| any person in charge of
such institution, school, facility or | 24 |
| agency, or church, synagogue, temple,
mosque, or other | 25 |
| religious institution, or his
designated agent to whom
such | 26 |
| notification has been made, exercise any control, restraint, | 27 |
| modification
or other change in the report or the forwarding of | 28 |
| such report to the
Department.
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| The privileged quality of communication between any | 30 |
| professional
person required to report
and his patient or | 31 |
| client shall not apply to situations involving abused or
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| neglected children and shall not constitute grounds for failure | 33 |
| 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 | 3 |
| suspected cases of abused or neglected children, any other | 4 |
| person
may make a report if such person has reasonable cause to | 5 |
| 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, | 7 |
| 1986 and is mandated by virtue of that
employment to report | 8 |
| under this Act, shall sign a statement on a form
prescribed by | 9 |
| the Department, to the effect that the employee has knowledge
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| and understanding of the reporting requirements of this Act. | 11 |
| The statement
shall be signed prior to commencement of the | 12 |
| employment. The signed
statement shall be retained by the | 13 |
| employer. The cost of printing,
distribution, and filing of the | 14 |
| statement shall be borne by the employer.
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| The Department shall provide copies of this Act, upon | 16 |
| request, to all
employers employing persons who shall be | 17 |
| required under the provisions of
this Section to report under | 18 |
| this Act.
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| Any person who knowingly transmits a false report to the | 20 |
| Department
commits the offense of disorderly conduct under | 21 |
| subsection (a)(7) of
Section 26-1 of the "Criminal Code of | 22 |
| 1961". Any person who violates this
provision a second or | 23 |
| subsequent time shall be guilty of a Class 3
felony.
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| Any person who knowingly and willfully violates any | 25 |
| provision of this
Section other than a second or subsequent | 26 |
| 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 | 28 |
| first violation and a Class 4 felony for a
second or subsequent | 29 |
| violation; except that if the person acted as part
of a plan or | 30 |
| scheme having as its object the
prevention of discovery of an | 31 |
| abused or neglected child by lawful authorities
for the
purpose | 32 |
| 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 | 34 |
| 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 | 3 |
| prior offense).
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| A child whose parent, guardian or custodian in good faith | 5 |
| selects and depends
upon spiritual means through prayer alone | 6 |
| for the treatment or cure of
disease or remedial care may be | 7 |
| considered neglected or abused, but not for
the sole reason | 8 |
| that his parent, guardian or custodian accepts and
practices | 9 |
| such beliefs.
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| A child shall not be considered neglected or abused solely | 11 |
| because the
child is not attending school in accordance with | 12 |
| 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; | 14 |
| 93-137, eff. 7-10-03; 93-356, eff. 7-24-03; 93-431, eff. | 15 |
| 8-5-03; 93-1041, eff. 9-29-04.)
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| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.".
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