Full Text of SB1763 99th General Assembly
SB1763enr 99TH GENERAL ASSEMBLY |
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| 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 1. The Children and Family Services Act is amended | 5 | | by adding Section 5.05 and by adding Section 5.40 as follows: | 6 | | (20 ILCS 505/5.05 new) | 7 | | Sec. 5.05. Victims of sex trafficking. | 8 | | (a) Legislative findings. Because of their histories of | 9 | | trauma, youth in the care of the Department of Children and | 10 | | Family Services are particularly vulnerable to sex | 11 | | traffickers. Sex traffickers often target child care | 12 | | facilities licensed by the Department to recruit their victims. | 13 | | Foster children who are victims of sex trafficking present | 14 | | unique treatment needs that existing treatment programs are not | 15 | | always able to address. The Department of Children and Family | 16 | | Services needs to develop a comprehensive strategy and | 17 | | continuum of care to treat foster children who are identified | 18 | | as victims of sex trafficking. | 19 | | (b) Multi-disciplinary workgroup. By January 1, 2016, the | 20 | | Department shall convene a multi-disciplinary workgroup to | 21 | | review treatment programs for youth in the Department's care | 22 | | who are victims of sex trafficking and to make recommendations | 23 | | regarding a continuum of care for these vulnerable youth. The |
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| 1 | | workgroup shall do all of the following: | 2 | | (1) Conduct a survey of literature and of existing | 3 | | treatment program models available in the State and outside | 4 | | the State for youth in the Department's care who are | 5 | | victims of sex trafficking, taking into account whether the | 6 | | programs have been subject to evaluation. | 7 | | (2) Evaluate the need for new programs in the State, | 8 | | taking into account that youth in the Department's care who | 9 | | are victims of sex trafficking can present a variety of | 10 | | additional needs, including mental illness, medical needs, | 11 | | emotional disturbance, and cognitive delays. | 12 | | (3) Review existing State laws and rules that permit | 13 | | children to be placed in secured therapeutic residential | 14 | | care and recommend (i) whether secured residential care | 15 | | should be part of a continuum of care in the State for | 16 | | foster youth who have been sexually trafficked and who | 17 | | repeatedly run away from treatment facilities, and if so, | 18 | | whether any amendments to existing State laws and rules | 19 | | should be made; and (ii) the circumstances under which | 20 | | youth should be considered for placement in secured | 21 | | therapeutic residential care. | 22 | | (4) Make recommendations regarding a continuum of care | 23 | | for children in the Department's care who are victims of | 24 | | sex trafficking. | 25 | | (c) Composition of workgroup. The workgroup shall consist | 26 | | of a minimum of: |
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| 1 | | (1) two representatives of the Department, including | 2 | | at least one who is familiar with child care facilities | 3 | | licensed by the Department under the Child Care Act of 1969 | 4 | | that provide residential services; | 5 | | (2) one representative of a child advocacy | 6 | | organization; | 7 | | (3) one licensed clinician with expertise in working | 8 | | with youth in the Department's care; | 9 | | (4) one licensed clinician with expertise in working | 10 | | with youth who are victims of sex trafficking; | 11 | | (5) one board-certified child and adolescent | 12 | | psychiatrist; | 13 | | (6) two persons representing providers of residential | 14 | | treatment programs operating in the State; | 15 | | (7) two persons representing providers of adolescent | 16 | | foster care or specialized foster care programs operating | 17 | | in the State; | 18 | | (8) one representative of the Department of Children | 19 | | and Family Services' Statewide Youth Advisory Board; | 20 | | (9) one representative of an agency independent of the | 21 | | Department who has experience in providing treatment to | 22 | | children and youth who are victims of sex trafficking; and | 23 | | (10) one representative of a law enforcement agency | 24 | | that works with youth who are victims of sex trafficking. | 25 | | (d) Records and information. Upon request, the Department | 26 | | shall provide the workgroup with all records and information in |
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| 1 | | the Department's possession that are relevant to the | 2 | | workgroup's review of existing programs and to the workgroup's | 3 | | review of the need for new programs for victims of sex | 4 | | trafficking. The Department shall redact any confidential | 5 | | information from the records and information provided to the | 6 | | workgroup to maintain the confidentiality of persons served by | 7 | | the Department. | 8 | | (e) Workgroup report. The workgroup shall provide a report | 9 | | to the General Assembly no later than January 1, 2017 with its | 10 | | findings and recommendations. | 11 | | (f) Department report. No later than March 1, 2017, the | 12 | | Department shall implement the workgroup's recommendations, as | 13 | | feasible and appropriate, and shall submit a written report to | 14 | | the General Assembly that explains the Department's decision to | 15 | | implement or to not implement each of the workgroup's | 16 | | recommendations. | 17 | | (20 ILCS 505/5.40 new) | 18 | | Sec. 5.40. Multi-dimensional treatment foster care. | 19 | | Subject to appropriations, beginning June 1, 2016, the | 20 | | Department shall implement a 5-year pilot program of | 21 | | multi-dimensional treatment foster care, or a substantially | 22 | | similar evidence-based program of professional foster care, | 23 | | for (i) children entering care with severe trauma histories, | 24 | | with the goal of returning the child home or maintaining the | 25 | | child in foster care instead of placing the child in congregate |
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| 1 | | care or a more restrictive setting or placement, (ii) children | 2 | | who require placement in foster care when they are ready for | 3 | | discharge from a residential treatment facility, and (iii) | 4 | | children who are identified for residential or group home care | 5 | | and who, based on a determination made by the Department, could | 6 | | be placed in a foster home if higher level interventions are | 7 | | provided. | 8 | | The Department shall arrange for an independent evaluation | 9 | | of the pilot program to determine whether it is meeting the | 10 | | goal of maintaining children in the least restrictive, most | 11 | | appropriate family-like setting, near the child's home | 12 | | community, while they are in the Department's care and to | 13 | | determine whether there is a long-term cost benefit to | 14 | | continuing the pilot program. | 15 | | At the end of the 5-year pilot program, the Department | 16 | | shall submit a report to the General Assembly with its findings | 17 | | of the evaluation. The report shall state whether the | 18 | | Department intends to continue the pilot program and the | 19 | | rationale for its decision.
| 20 | | Section 10. The Department of Human Services Act is amended | 21 | | by adding Section 10-34 as follows: | 22 | | (20 ILCS 1305/10-34 new) | 23 | | Sec. 10-34. Public awareness of the national hotline | 24 | | number. The Department of Human Services shall cooperate with |
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| 1 | | the Department of Transportation to promote public awareness | 2 | | regarding the national human trafficking hotline. This | 3 | | includes, but is not limited to, displaying public awareness | 4 | | signs in high risk areas, such as, but not limited to, truck | 5 | | stops, bus stations, train stations, airports, and rest stops. | 6 | | Section 15. The Child Care Act of 1969 is amended by adding | 7 | | Section 8.5 as follows: | 8 | | (225 ILCS 10/8.5 new) | 9 | | Sec. 8.5. Reporting suspected abuse or neglect. The | 10 | | Department shall address through rules and procedures the | 11 | | failure of individual staff at child care facilities or child | 12 | | welfare agencies to report suspected abuse or neglect of | 13 | | children within the child care facility as required by the | 14 | | Abused and Neglected Child Reporting Act. | 15 | | The rules and procedures shall include provisions for when | 16 | | the Department learns of the child care facility's staff's | 17 | | failure to report suspected abuse or neglect of children and | 18 | | the actions the Department will take to (i) ensure that the | 19 | | child care facility takes immediate action with the individual | 20 | | staff involved and (ii) investigate whether the failure to | 21 | | report suspected abuse and neglect was a single incident or | 22 | | part of a larger incident involving additional staff members | 23 | | who failed to report, or whether the failure to report | 24 | | suspected abuse and neglect is a system-wide problem within the |
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| 1 | | child care facility or child welfare agency. The rules and | 2 | | procedures shall also include the use of corrective action | 3 | | plans and the use of supervisory teams to review staff and | 4 | | facility understanding of their reporting requirements. | 5 | | The Department shall adopt rules by July 1, 2016. | 6 | | Section 20. The Abused and Neglected Child Reporting Act is | 7 | | amended by changing Sections 3, 7.3, and 7.8 as follows: | 8 | | (325 ILCS 5/3) (from Ch. 23, par. 2053) | 9 | | Sec. 3. As used in this Act unless the context otherwise | 10 | | requires: | 11 | | "Adult resident" means any person between 18 and 22 years | 12 | | of age who resides in any facility licensed by the Department | 13 | | under the Child Care Act of 1969. For purposes of this Act, the | 14 | | criteria set forth in the definitions of "abused child" and | 15 | | "neglected child" shall be used in determining whether an adult | 16 | | resident is abused or neglected. | 17 | | "Agency" means a child care facility licensed under Section | 18 | | 2.05 or Section 2.06 of the Child Care Act of 1969 and includes | 19 | | a transitional living program that accepts children and adult | 20 | | residents for placement who are in the guardianship of the | 21 | | Department. | 22 | | "Blatant disregard" means an incident where the real, | 23 | | significant, and imminent risk of harm would be so obvious to a | 24 | | reasonable parent or caretaker that it is unlikely that a |
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| 1 | | reasonable parent or caretaker would have exposed the child to | 2 | | the danger without exercising precautionary measures to | 3 | | protect the child from harm. With respect to a person working | 4 | | at an agency in his or her professional capacity with a child | 5 | | or adult resident, "blatant disregard" includes a failure by | 6 | | the person to perform job responsibilities intended to protect | 7 | | the child's or adult resident's health, physical well-being, or | 8 | | welfare, and, when viewed in light of the surrounding | 9 | | circumstances, evidence exists that would cause a reasonable | 10 | | person to believe that the child was neglected. With respect to | 11 | | an agency, "blatant disregard" includes a failure to implement | 12 | | practices that ensure the health, physical well-being, or | 13 | | welfare of the children and adult residents residing in the | 14 | | facility. | 15 | | "Child" means any person under the age of 18 years, unless | 16 | | legally
emancipated by reason of marriage or entry into a | 17 | | branch of the United
States armed services. | 18 | | "Department" means Department of Children and Family | 19 | | Services. | 20 | | "Local law enforcement agency" means the police of a city, | 21 | | town,
village or other incorporated area or the sheriff of an | 22 | | unincorporated
area or any sworn officer of the Illinois | 23 | | Department of State Police. | 24 | | "Abused child"
means a child whose parent or immediate | 25 | | family
member,
or any person responsible for the child's | 26 | | welfare, or any individual
residing in the same home as the |
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| 1 | | child, or a paramour of the child's parent: | 2 | | (a) inflicts, causes to be inflicted, or allows to be
| 3 | | inflicted upon
such child physical injury, by other than | 4 | | accidental means, which causes
death, disfigurement, | 5 | | impairment of physical or
emotional health, or loss or | 6 | | impairment of any bodily function; | 7 | | (b) creates a substantial risk of physical injury to | 8 | | such
child by
other than accidental means which would be | 9 | | likely to cause death,
disfigurement, impairment of | 10 | | physical or emotional health, or loss or
impairment of any | 11 | | bodily function; | 12 | | (c) commits or allows to be committed any sex offense | 13 | | against
such child,
as such sex offenses are defined in the | 14 | | Criminal Code of 2012 or in the Wrongs to Children Act,
and | 15 | | extending those definitions of sex offenses to include | 16 | | children under
18 years of age; | 17 | | (d) commits or allows to be committed an act or acts of
| 18 | | torture upon
such child; | 19 | | (e) inflicts excessive corporal punishment or, in the | 20 | | case of a person working for an agency who is prohibited | 21 | | from using corporal punishment, inflicts corporal | 22 | | punishment upon a child or adult resident with whom the | 23 | | person is working in his or her professional capacity ; | 24 | | (f) commits or allows to be committed
the offense of
| 25 | | female
genital mutilation, as defined in Section 12-34 of | 26 | | the Criminal Code of
2012, against the child; |
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| 1 | | (g) causes to be sold, transferred, distributed, or | 2 | | given to
such child
under 18 years of age, a controlled | 3 | | substance as defined in Section 102 of the
Illinois | 4 | | Controlled Substances Act in violation of Article IV of the | 5 | | Illinois
Controlled Substances Act or in violation of the | 6 | | Methamphetamine Control and Community Protection Act, | 7 | | except for controlled substances that are prescribed
in | 8 | | accordance with Article III of the Illinois Controlled | 9 | | Substances Act and
are dispensed to such child in a manner | 10 | | that substantially complies with the
prescription; or | 11 | | (h) commits or allows to be committed the offense of | 12 | | involuntary servitude, involuntary sexual servitude of a | 13 | | minor, or trafficking in persons as defined in Section 10-9 | 14 | | of the Criminal Code of 2012 against the child. | 15 | | A child shall not be considered abused for the sole reason | 16 | | that the child
has been relinquished in accordance with the | 17 | | Abandoned Newborn Infant
Protection Act. | 18 | | "Neglected child" means any child who is not receiving the | 19 | | proper or
necessary nourishment or medically indicated | 20 | | treatment including food or care
not provided solely on the | 21 | | basis of the present or anticipated mental or
physical | 22 | | impairment as determined by a physician acting alone or in
| 23 | | consultation with other physicians or otherwise is not | 24 | | receiving the proper or
necessary support or medical or other | 25 | | remedial care recognized under State law
as necessary for a | 26 | | child's well-being, or other care necessary for his or her
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| 1 | | well-being, including adequate food, clothing and shelter; or | 2 | | who is subjected to an environment which is injurious insofar | 3 | | as (i) the child's environment creates a likelihood of harm to | 4 | | the child's health, physical well-being, or welfare and (ii) | 5 | | the likely harm to the child is the result of a blatant | 6 | | disregard of parent , or caretaker , or agency responsibilities; | 7 | | or who is abandoned
by his or her parents or other person | 8 | | responsible for the child's welfare
without a proper plan of | 9 | | care; or who has been provided with interim crisis intervention | 10 | | services under
Section 3-5 of
the Juvenile Court Act of 1987 | 11 | | and whose parent, guardian, or custodian refuses to
permit
the | 12 | | child to return home and no other living arrangement agreeable
| 13 | | to the parent, guardian, or custodian can be made, and the | 14 | | parent, guardian, or custodian has not made any other | 15 | | appropriate living arrangement for the child; or who is a | 16 | | newborn infant whose blood, urine,
or meconium
contains any | 17 | | amount of a controlled substance as defined in subsection (f) | 18 | | of
Section 102 of the Illinois Controlled Substances Act or a | 19 | | metabolite thereof,
with the exception of a controlled | 20 | | substance or metabolite thereof whose
presence in the newborn | 21 | | infant is the result of medical treatment administered
to the | 22 | | mother or the newborn infant. A child shall not be considered | 23 | | neglected
for the sole reason that the child's parent or other | 24 | | person responsible for his
or her welfare has left the child in | 25 | | the care of an adult relative for any
period of time. A child | 26 | | shall not be considered neglected for the sole reason
that the |
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| 1 | | child has been relinquished in accordance with the Abandoned | 2 | | Newborn
Infant Protection Act. A child shall not be considered | 3 | | neglected or abused
for the
sole reason that such child's | 4 | | parent or other person responsible for his or her
welfare | 5 | | depends upon spiritual means through prayer alone for the | 6 | | treatment or
cure of disease or remedial care as provided under | 7 | | Section 4 of this Act. A
child shall not be considered | 8 | | neglected or abused solely because the child is
not attending | 9 | | school in accordance with the requirements of Article 26 of The
| 10 | | School Code, as amended. | 11 | | "Child Protective Service Unit" means certain specialized | 12 | | State employees of
the Department assigned by the Director to | 13 | | perform the duties and
responsibilities as provided under | 14 | | Section 7.2 of this Act. | 15 | | "Person responsible for the child's welfare" means the | 16 | | child's parent;
guardian; foster parent; relative caregiver; | 17 | | any person responsible for the
child's welfare in a public or | 18 | | private residential agency or institution; any
person | 19 | | responsible for the child's welfare within a public or private | 20 | | profit or
not for profit child care facility; or any other | 21 | | person responsible for the
child's welfare at the time of the | 22 | | alleged abuse or neglect, including any person that is the | 23 | | custodian of a child under 18 years of age who commits or | 24 | | allows to be committed, against the child, the offense of | 25 | | involuntary servitude, involuntary sexual servitude of a | 26 | | minor, or trafficking in persons for forced labor or services, |
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| 1 | | as provided in Section 10-9 of the Criminal Code of 2012, or | 2 | | any person who
came to know the child through an official | 3 | | capacity or position of trust,
including but not limited to | 4 | | health care professionals, educational personnel,
recreational | 5 | | supervisors, members of the clergy, and volunteers or
support | 6 | | personnel in any setting
where children may be subject to abuse | 7 | | or neglect. | 8 | | "Temporary protective custody" means custody within a | 9 | | hospital or
other medical facility or a place previously | 10 | | designated for such custody
by the Department, subject to | 11 | | review by the Court, including a licensed
foster home, group | 12 | | home, or other institution; but such place shall not
be a jail | 13 | | or other place for the detention of criminal or juvenile | 14 | | offenders. | 15 | | "An unfounded report" means any report made under this Act | 16 | | for which
it is determined after an investigation that no | 17 | | credible evidence of
abuse or neglect exists. | 18 | | "An indicated report" means a report made under this Act if | 19 | | an
investigation determines that credible evidence of the | 20 | | alleged
abuse or neglect exists. | 21 | | "An undetermined report" means any report made under this | 22 | | Act in
which it was not possible to initiate or complete an | 23 | | investigation on
the basis of information provided to the | 24 | | Department. | 25 | | "Subject of report" means any child reported to the central | 26 | | register
of child abuse and neglect established under Section |
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| 1 | | 7.7 of this Act as an alleged victim of child abuse or neglect | 2 | | and
the parent or guardian of the alleged victim or other | 3 | | person responsible for the alleged victim's welfare who is | 4 | | named in the report or added to the report as an alleged | 5 | | perpetrator of child abuse or neglect. | 6 | | "Perpetrator" means a person who, as a result of | 7 | | investigation, has
been determined by the Department to have | 8 | | caused child abuse or neglect. | 9 | | "Member of the clergy" means a clergyman or practitioner of | 10 | | any religious
denomination accredited by the religious body to | 11 | | which he or she belongs. | 12 | | (Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10; | 13 | | 96-1464, eff. 8-20-10; 97-333, eff. 8-12-11; 97-803, eff. | 14 | | 7-13-12; 97-897, eff. 1-1-13; 97-1063, eff. 8-24-12; 97-1150, | 15 | | eff. 1-25-13.)
| 16 | | (325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
| 17 | | Sec. 7.3. (a) The Department shall be the sole agency | 18 | | responsible for receiving
and investigating reports of child | 19 | | abuse or neglect made under this Act,
including reports of | 20 | | adult resident abuse or neglect as defined in this Act, except | 21 | | where investigations by other agencies may be required with
| 22 | | respect to reports alleging the death of a child, serious | 23 | | injury to a child
or sexual abuse to a child made pursuant to | 24 | | Sections 4.1 or 7 of this Act,
and except that the Department | 25 | | may delegate the performance of the
investigation to the |
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| 1 | | Department of State Police, a law enforcement agency
and to | 2 | | those private social service agencies which have been | 3 | | designated for
this purpose by the Department prior to July 1, | 4 | | 1980.
| 5 | | (b) Notwithstanding any other provision of this Act, the | 6 | | Department shall adopt rules expressly allowing law | 7 | | enforcement personnel to investigate reports of suspected | 8 | | child abuse or neglect concurrently with the Department, | 9 | | without regard to whether the Department determines a report to | 10 | | be "indicated" or "unfounded" or deems a report to be | 11 | | "undetermined".
| 12 | | (c) By June 1, 2016, the Department shall adopt rules that | 13 | | address and set forth criteria and standards relevant to | 14 | | investigations of reports of abuse or neglect committed by any | 15 | | agency, as defined in Section 3 of this Act, or person working | 16 | | for an agency responsible for the welfare of a child or adult | 17 | | resident. | 18 | | (Source: P.A. 95-57, eff. 8-10-07; 96-1446, eff. 8-20-10.)
| 19 | | (325 ILCS 5/7.8) (from Ch. 23, par. 2057.8)
| 20 | | Sec. 7.8.
Upon receiving an oral or written report of | 21 | | suspected
child abuse or neglect, the Department shall | 22 | | immediately notify, either
orally or electronically, the Child | 23 | | Protective Service Unit of a previous
report concerning a | 24 | | subject of the present report or other pertinent
information. | 25 | | In addition, upon satisfactory identification procedures, to
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| 1 | | be established by Department regulation, any person authorized | 2 | | to have
access to records under Section 11.1 relating to child | 3 | | abuse and neglect
may request and shall be immediately provided | 4 | | the information requested in
accordance with this Act. However, | 5 | | no information shall be released unless
it prominently states | 6 | | the report is "indicated", and only information from
| 7 | | "indicated" reports shall be released, except that information | 8 | | concerning
pending reports may be released pursuant to Sections | 9 | | 7.14 and 7.22 of this Act to the attorney or guardian ad litem | 10 | | appointed under Section 2-17 of the Juvenile Court Act of 1987 | 11 | | and to any person authorized under
paragraphs (1), (2), (3) and | 12 | | (11) of Section 11.1. In addition, State's
Attorneys are | 13 | | authorized to receive unfounded reports for prosecution
| 14 | | purposes related to the transmission of false reports of child | 15 | | abuse or
neglect in violation of subsection (a), paragraph (7) | 16 | | of Section 26-1
of the Criminal Code of 2012 and attorneys and | 17 | | guardians ad litem appointed under
Article II of the Juvenile | 18 | | Court Act of 1987 shall receive the
reports set forth in | 19 | | Section 7.14 of this Act in conformance with paragraph
(19) of | 20 | | Section 11.1 and Section 7.14 of this Act. The Department is | 21 | | authorized and required to release information from unfounded | 22 | | reports, upon request by a person who has access to the | 23 | | unfounded report as provided in this Act, as necessary in its | 24 | | determination to protect children and adult residents who are | 25 | | in child care facilities licensed by the Department under the | 26 | | Child Care Act of 1969. The names and other
identifying data |
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| 1 | | and the dates and the circumstances of any persons
requesting | 2 | | or receiving information from the central register shall be
| 3 | | entered in the register record.
| 4 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-807, eff. 8-1-14; | 5 | | revised 11-25-14.)
| 6 | | Section 99. Effective date. This Act takes effect on | 7 | | January 1,
2016, except that Section 20 takes effect on June 1, | 8 | | 2016. |
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