Full Text of HB3170 95th General Assembly
HB3170ham004 95TH GENERAL ASSEMBLY
|
Rep. Dan Brady
Filed: 5/16/2007
|
|
09500HB3170ham004 |
|
LRB095 06980 RAS 36372 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 3170
| 2 |
| AMENDMENT NO. ______. Amend House Bill 3170 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Abused and Neglected Child Reporting Act is | 5 |
| amended by changing Sections 4 and 9 as follows:
| 6 |
| (325 ILCS 5/4) (from Ch. 23, par. 2054)
| 7 |
| Sec. 4. Persons required to report; privileged | 8 |
| communications;
transmitting false report. Any physician, | 9 |
| resident, intern, hospital,
hospital administrator
and | 10 |
| personnel engaged in examination, care and treatment of | 11 |
| persons, surgeon,
dentist, dentist hygienist, osteopath, | 12 |
| chiropractor, podiatrist, physician
assistant, substance abuse | 13 |
| treatment personnel, funeral home
director or employee, | 14 |
| coroner, medical examiner, emergency medical technician,
| 15 |
| acupuncturist, crisis line or hotline personnel, school | 16 |
| personnel (including administrators and both certified and |
|
|
|
09500HB3170ham004 |
- 2 - |
LRB095 06980 RAS 36372 a |
|
| 1 |
| non-certified school employees), educational
advocate assigned | 2 |
| to a child pursuant to the School Code, truant officers,
social | 3 |
| worker, social services administrator,
domestic violence | 4 |
| program personnel, registered nurse, licensed
practical nurse, | 5 |
| genetic counselor,
respiratory care practitioner, advanced | 6 |
| practice nurse, home
health aide, director or staff
assistant | 7 |
| of a nursery school or a child day care center, recreational | 8 |
| program
or facility personnel, law enforcement officer, | 9 |
| licensed professional
counselor, licensed clinical | 10 |
| professional counselor, registered psychologist
and
assistants | 11 |
| working under the direct supervision of a psychologist,
| 12 |
| psychiatrist, or field personnel of the Department of | 13 |
| Healthcare and Family Services,
Public Health, Human Services | 14 |
| (acting as successor to the Department of Mental
Health and | 15 |
| Developmental Disabilities, Rehabilitation Services, or Public | 16 |
| Aid),
Corrections, Human Rights, or Children and Family | 17 |
| Services, supervisor and
administrator of general assistance | 18 |
| under the Illinois Public Aid Code,
probation officer, or any | 19 |
| other foster parent, homemaker or child care worker
having | 20 |
| reasonable cause to believe a child known to them in their | 21 |
| professional
or official capacity may be an abused child or a | 22 |
| neglected child shall
immediately report or cause a report to | 23 |
| be made to the Department.
| 24 |
| Any member of the clergy having reasonable cause to believe | 25 |
| that a child
known to that member of the clergy in his or her | 26 |
| professional capacity may be
an abused child as defined in item |
|
|
|
09500HB3170ham004 |
- 3 - |
LRB095 06980 RAS 36372 a |
|
| 1 |
| (c) of the definition of "abused child" in
Section 3 of this | 2 |
| Act shall immediately report or cause a report to be made to
| 3 |
| the Department.
| 4 |
| If an allegation is raised to a school board member during | 5 |
| the course of an open or closed school board meeting that a | 6 |
| child who is enrolled in the school district of which he or she | 7 |
| is a board member is an abused child as defined in Section 3 of | 8 |
| this Act, the member shall direct or cause the school board to | 9 |
| direct the superintendent of the school district or other | 10 |
| equivalent school administrator to comply with the | 11 |
| requirements of this Act concerning the reporting of child | 12 |
| abuse. For purposes of this paragraph, a school board member is | 13 |
| granted the authority in his or her individual capacity to | 14 |
| direct the superintendent of the school district or other | 15 |
| equivalent school administrator to comply with the | 16 |
| requirements of this Act concerning the reporting of child | 17 |
| abuse.
| 18 |
| Notwithstanding any other provision of this Act, if an | 19 |
| employee of a school district has made a report or caused a | 20 |
| report to be made to the Department under this Act involving | 21 |
| the conduct of a current or former employee of the school | 22 |
| district and a request is made by another school district for | 23 |
| the provision of information concerning the job performance or | 24 |
| qualifications of the current or former employee because he or | 25 |
| she is an applicant for employment with the requesting school | 26 |
| district, the school district to which the request is being |
|
|
|
09500HB3170ham004 |
- 4 - |
LRB095 06980 RAS 36372 a |
|
| 1 |
| made must disclose to the requesting school district the fact | 2 |
| that an employee of the school district has made a report | 3 |
| involving the conduct of the applicant or caused a report to be | 4 |
| made to the Department, as required under this Act. Only the | 5 |
| fact that an employee of the school district has made a report | 6 |
| involving the conduct of the applicant or caused a report to be | 7 |
| made to the Department may be disclosed by the school district | 8 |
| to which the request for information concerning the applicant | 9 |
| is made, and this fact may be disclosed only in cases where the | 10 |
| employee has not been informed by the Department that the | 11 |
| allegations were unfounded. An employee of a school district | 12 |
| who is or has been the subject of a report made pursuant to | 13 |
| this Act during his or her employment with the school district | 14 |
| must be informed by that school district that if he or she | 15 |
| applies for employment with another school district, the former | 16 |
| school district, upon the request of the school district to | 17 |
| which the employee applies, shall notify that requesting school | 18 |
| district that the employee is or was the subject of such a | 19 |
| report.
| 20 |
| Whenever
such person is required to report under this Act | 21 |
| in his capacity as a member of
the staff of a medical or other | 22 |
| public or private institution, school, facility
or agency, or | 23 |
| as a member of the clergy, he shall
make report immediately to | 24 |
| the Department in accordance
with the provisions of this Act | 25 |
| and may also notify the person in charge of
such institution, | 26 |
| school, facility or agency, or church, synagogue, temple,
|
|
|
|
09500HB3170ham004 |
- 5 - |
LRB095 06980 RAS 36372 a |
|
| 1 |
| mosque, or other religious institution, or his
designated agent | 2 |
| that such
report has been made. Under no circumstances shall | 3 |
| any person in charge of
such institution, school, facility or | 4 |
| agency, or church, synagogue, temple,
mosque, or other | 5 |
| religious institution, or his
designated agent to whom
such | 6 |
| notification has been made, exercise any control, restraint, | 7 |
| modification
or other change in the report or the forwarding of | 8 |
| such report to the
Department.
| 9 |
| The privileged quality of communication between any | 10 |
| professional
person required to report
and his patient or | 11 |
| client shall not apply to situations involving abused or
| 12 |
| neglected children and shall not constitute grounds for failure | 13 |
| to report
as required by this Act.
| 14 |
| A member of the clergy may claim the privilege under | 15 |
| Section 8-803 of the
Code of Civil Procedure.
| 16 |
| In addition to the above persons required to
report | 17 |
| suspected cases of abused or neglected children, any other | 18 |
| person
may make a report if such person has reasonable cause to | 19 |
| believe a child
may be an abused child or a neglected child.
| 20 |
| Any person who enters into
employment on and after July 1, | 21 |
| 1986 and is mandated by virtue of that
employment to report | 22 |
| under this Act, shall sign a statement on a form
prescribed by | 23 |
| the Department, to the effect that the employee has knowledge
| 24 |
| and understanding of the reporting requirements of this Act. | 25 |
| The statement
shall be signed prior to commencement of the | 26 |
| employment. The signed
statement shall be retained by the |
|
|
|
09500HB3170ham004 |
- 6 - |
LRB095 06980 RAS 36372 a |
|
| 1 |
| employer. The cost of printing,
distribution, and filing of the | 2 |
| statement shall be borne by the employer.
| 3 |
| The Department shall provide copies of this Act, upon | 4 |
| request, to all
employers employing persons who shall be | 5 |
| required under the provisions of
this Section to report under | 6 |
| this Act.
| 7 |
| Any person who knowingly transmits a false report to the | 8 |
| Department
commits the offense of disorderly conduct under | 9 |
| subsection (a)(7) of
Section 26-1 of the "Criminal Code of | 10 |
| 1961". Any person who violates this
provision a second or | 11 |
| subsequent time shall be guilty of a Class 3
felony.
| 12 |
| Any person who knowingly and willfully violates any | 13 |
| provision of this
Section other than a second or subsequent | 14 |
| violation of transmitting a
false report as described in the
| 15 |
| preceding paragraph, is guilty of a Class A misdemeanor for
a | 16 |
| first violation and a Class 4 felony for a
second or subsequent | 17 |
| violation; except that if the person acted as part
of a plan or | 18 |
| scheme having as its object the
prevention of discovery of an | 19 |
| abused or neglected child by lawful authorities
for the
purpose | 20 |
| of protecting or insulating any person or entity from arrest or
| 21 |
| prosecution, the
person is guilty of a Class 4 felony for a | 22 |
| first offense and a Class 3 felony
for a second or
subsequent | 23 |
| offense (regardless of whether the second or subsequent offense
| 24 |
| involves any
of the same facts or persons as the first or other | 25 |
| prior offense).
| 26 |
| A child whose parent, guardian or custodian in good faith |
|
|
|
09500HB3170ham004 |
- 7 - |
LRB095 06980 RAS 36372 a |
|
| 1 |
| selects and depends
upon spiritual means through prayer alone | 2 |
| for the treatment or cure of
disease or remedial care may be | 3 |
| considered neglected or abused, but not for
the sole reason | 4 |
| that his parent, guardian or custodian accepts and
practices | 5 |
| such beliefs.
| 6 |
| A child shall not be considered neglected or abused solely | 7 |
| because the
child is not attending school in accordance with | 8 |
| the requirements of
Article 26 of the School Code, as amended.
| 9 |
| (Source: P.A. 93-137, eff. 7-10-03; 93-356, eff. 7-24-03; | 10 |
| 93-431, eff. 8-5-03; 93-1041, eff. 9-29-04; 94-888, eff. | 11 |
| 6-20-06.)
| 12 |
| (325 ILCS 5/9) (from Ch. 23, par. 2059)
| 13 |
| Sec. 9. Any person, institution or agency, under this Act, | 14 |
| participating
in good faith in the making of a report or | 15 |
| referral, or in the investigation of
such a report or referral | 16 |
| or in the taking of photographs and x-rays
or in the retaining | 17 |
| a child in temporary protective custody or in making a
| 18 |
| disclosure of information concerning reports of child abuse and | 19 |
| neglect in
compliance with Sections 4.2 and 11.1 of this Act or | 20 |
| Section 4, as it relates to disclosure by school personnel and | 21 |
| except in cases of wilful or wanton misconduct, shall have | 22 |
| immunity
from any liability, civil,
criminal or that otherwise | 23 |
| might result by reason of such actions. For
the purpose of any | 24 |
| proceedings,
civil or criminal, the good faith of any persons | 25 |
| required to report or refer,
or permitted to report,
cases of |
|
|
|
09500HB3170ham004 |
- 8 - |
LRB095 06980 RAS 36372 a |
|
| 1 |
| suspected child abuse or neglect or permitted to refer
| 2 |
| individuals under this Act or required to disclose information | 3 |
| concerning
reports of child abuse and neglect in compliance | 4 |
| with Sections 4.2 and 11.1
of this Act, shall be presumed.
| 5 |
| (Source: P.A. 90-15, eff. 6-13-97.)
| 6 |
| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.".
|
|