Full Text of HB0421 95th General Assembly
HB0421ham001 95TH GENERAL ASSEMBLY
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Human Services Committee
Filed: 2/22/2007
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LRB095 04461 DRJ 30888 a |
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| AMENDMENT TO HOUSE BILL 421
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| AMENDMENT NO. ______. Amend House Bill 421 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Abused and Neglected Child Reporting Act is | 5 |
| amended by changing Sections 7 and 7.3 as follows:
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| (325 ILCS 5/7) (from Ch. 23, par. 2057)
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| Sec. 7. Time and manner of making reports. All reports of | 8 |
| suspected
child abuse or neglect made
under this Act shall be | 9 |
| made immediately by telephone to the central register
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| established under Section 7.7 on the single, State-wide, | 11 |
| toll-free telephone
number established in Section 7.6, or in | 12 |
| person or by telephone through
the nearest Department office. | 13 |
| The Department shall, in cooperation with
school officials, | 14 |
| distribute
appropriate materials in school buildings
listing | 15 |
| the toll-free telephone number established in Section 7.6,
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| including methods of making a report under this Act.
The |
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| Department may, in cooperation with appropriate members of the | 2 |
| clergy,
distribute appropriate materials in churches, | 3 |
| synagogues, temples, mosques, or
other religious buildings | 4 |
| listing the toll-free telephone number
established in Section | 5 |
| 7.6, including methods of making a report under this
Act.
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| Wherever the Statewide number is posted, there shall also | 7 |
| be posted the
following notice:
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| "Any person who knowingly transmits a false report to the | 9 |
| Department
commits the offense of disorderly conduct under | 10 |
| subsection (a)(7) of
Section 26-1 of the Criminal Code of 1961. | 11 |
| A first violation of this
subsection is a Class A misdemeanor, | 12 |
| punishable by a term of imprisonment
for up to one year, or by | 13 |
| a fine not to exceed $1,000, or by both such term
and fine. A | 14 |
| second or subsequent violation is a Class 4 felony."
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| The report required by this Act shall include, if known, | 16 |
| the name
and address of the child and his parents or other | 17 |
| persons having his
custody; the child's age; the nature of the | 18 |
| child's condition including any
evidence of previous injuries | 19 |
| or disabilities; and any other information
that the person | 20 |
| filing the report believes might be helpful in
establishing the | 21 |
| cause of such abuse or neglect and the identity of the
person | 22 |
| believed to have caused such abuse or neglect. Reports made to | 23 |
| the
central register through the State-wide, toll-free | 24 |
| telephone number shall
be immediately transmitted by the | 25 |
| Department to the appropriate Child Protective Service
Unit. | 26 |
| All such reports alleging the death of a child,
serious injury |
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| to a child including, but not limited to, brain damage,
skull | 2 |
| fractures, subdural hematomas, and internal injuries, torture | 3 |
| of a
child, malnutrition of a child, and sexual abuse to a | 4 |
| child, including, but
not limited to, sexual intercourse, | 5 |
| sexual exploitation, sexual
molestation, and sexually | 6 |
| transmitted disease in a child age
12 and under, shall also be | 7 |
| immediately transmitted by the Department to the appropriate | 8 |
| local law enforcement agency. The Department shall within 24 | 9 |
| hours orally notify local law
enforcement personnel and the | 10 |
| office of the State's Attorney of the
involved county of the | 11 |
| receipt of any report alleging the death of a child,
serious | 12 |
| injury to a child including, but not limited to, brain damage,
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| skull fractures, subdural hematomas, and, internal injuries, | 14 |
| torture of a
child, malnutrition of a child, and sexual abuse | 15 |
| to a child, including, but
not limited to, sexual intercourse, | 16 |
| sexual exploitation, sexual
molestation, and sexually | 17 |
| transmitted disease in a child age
twelve and under. All
oral | 18 |
| reports made by the Department to local law enforcement | 19 |
| personnel and
the office of the State's Attorney of the | 20 |
| involved county shall be
confirmed in writing within 24
48
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| hours of the oral report. All reports by
persons mandated to | 22 |
| report under this Act shall be confirmed in writing to
the | 23 |
| appropriate Child Protective Service Unit, which may be on | 24 |
| forms
supplied by the Department, within 48 hours of any | 25 |
| initial report.
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| Written confirmation reports from persons not required to |
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| report by this
Act may be made to the appropriate Child | 2 |
| Protective Service Unit. Written
reports from persons required | 3 |
| by this Act to report shall be admissible
in evidence in any | 4 |
| judicial proceeding relating to child abuse or neglect.
Reports | 5 |
| involving known or suspected child abuse or neglect in public | 6 |
| or
private residential agencies or institutions shall be made | 7 |
| and received
in the same manner as all other reports made under | 8 |
| this Act.
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| (Source: P.A. 92-801, eff. 8-16-02.)
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| (325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
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| Sec. 7.3. (a) The Department shall be the sole agency | 12 |
| responsible for receiving
and investigating reports of child | 13 |
| abuse or neglect made under this Act,
except where | 14 |
| investigations by other agencies may be required with
respect | 15 |
| to reports alleging the death of a child, serious injury to a | 16 |
| child
or sexual abuse to a child made pursuant to Sections 4.1 | 17 |
| or 7 of this Act,
and except that the Department may delegate | 18 |
| the performance of the
investigation to the Department of State | 19 |
| Police, a law enforcement agency
and to those private social | 20 |
| service agencies which have been designated for
this purpose by | 21 |
| the Department prior to July 1, 1980.
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| (b) Notwithstanding any other provision of this Act, the | 23 |
| Department shall adopt rules expressly allowing law | 24 |
| enforcement personnel to investigate reports of suspected | 25 |
| child abuse or neglect concurrently with the Department, |
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| without regard to whether the Department determines a report to | 2 |
| be "indicated" or "unfounded" or deems a report to be | 3 |
| "undetermined".
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| (Source: P.A. 85-1440.)
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.".
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