Illinois General Assembly - Full Text of SB2516
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Full Text of SB2516  100th General Assembly


Rep. Robyn Gabel

Filed: 5/9/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 2516 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Section 4 as follows:
6    (325 ILCS 5/4)
7    Sec. 4. Persons required to report; privileged
8communications; transmitting false report. Any physician,
9resident, intern, hospital, hospital administrator and
10personnel engaged in examination, care and treatment of
11persons, surgeon, dentist, dentist hygienist, osteopath,
12chiropractor, podiatric physician, physician assistant,
13substance abuse treatment personnel, funeral home director or
14employee, coroner, medical examiner, emergency medical
15technician, acupuncturist, crisis line or hotline personnel,
16school personnel (including administrators and both certified



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1and non-certified school employees), personnel of institutions
2of higher education, educational advocate assigned to a child
3pursuant to the School Code, member of a school board or the
4Chicago Board of Education or the governing body of a private
5school (but only to the extent required in accordance with
6other provisions of this Section expressly concerning the duty
7of school board members to report suspected child abuse),
8truant officers, social worker, social services administrator,
9domestic violence program personnel, registered nurse,
10licensed practical nurse, genetic counselor, respiratory care
11practitioner, advanced practice registered nurse, home health
12aide, director or staff assistant of a nursery school or a
13child day care center, recreational or athletic program or
14facility personnel, early intervention provider as defined in
15the Early Intervention Services System Act, law enforcement
16officer, licensed professional counselor, licensed clinical
17professional counselor, registered psychologist and assistants
18working under the direct supervision of a psychologist,
19psychiatrist, or field personnel of the Department of
20Healthcare and Family Services, Juvenile Justice, Public
21Health, Human Services (acting as successor to the Department
22of Mental Health and Developmental Disabilities,
23Rehabilitation Services, or Public Aid), Corrections, Human
24Rights, or Children and Family Services, supervisor and
25administrator of general assistance under the Illinois Public
26Aid Code, probation officer, animal control officer or Illinois



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1Department of Agriculture Bureau of Animal Health and Welfare
2field investigator, or any other foster parent, homemaker or
3child care worker having reasonable cause to believe a child
4known to them in their professional or official capacity may be
5an abused child or a neglected child shall immediately report
6or cause a report to be made to the Department.
7    Any member of the clergy having reasonable cause to believe
8that a child known to that member of the clergy in his or her
9professional capacity may be an abused child as defined in item
10(c) of the definition of "abused child" in Section 3 of this
11Act shall immediately report or cause a report to be made to
12the Department.
13    Any physician, physician's assistant, registered nurse,
14licensed practical nurse, medical technician, certified
15nursing assistant, social worker, or licensed professional
16counselor of any office, clinic, or any other physical location
17that provides abortions, abortion referrals, or contraceptives
18having reasonable cause to believe a child known to him or her
19in his or her professional or official capacity may be an
20abused child or a neglected child shall immediately report or
21cause a report to be made to the Department.
22    If an allegation is raised to a school board member during
23the course of an open or closed school board meeting that a
24child who is enrolled in the school district of which he or she
25is a board member is an abused child as defined in Section 3 of
26this Act, the member shall direct or cause the school board to



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1direct the superintendent of the school district or other
2equivalent school administrator to comply with the
3requirements of this Act concerning the reporting of child
4abuse. For purposes of this paragraph, a school board member is
5granted the authority in his or her individual capacity to
6direct the superintendent of the school district or other
7equivalent school administrator to comply with the
8requirements of this Act concerning the reporting of child
10    Notwithstanding any other provision of this Act, if an
11employee of a school district has made a report or caused a
12report to be made to the Department under this Act involving
13the conduct of a current or former employee of the school
14district and a request is made by another school district for
15the provision of information concerning the job performance or
16qualifications of the current or former employee because he or
17she is an applicant for employment with the requesting school
18district, the general superintendent of the school district to
19which the request is being made must disclose to the requesting
20school district the fact that an employee of the school
21district has made a report involving the conduct of the
22applicant or caused a report to be made to the Department, as
23required under this Act. Only the fact that an employee of the
24school district has made a report involving the conduct of the
25applicant or caused a report to be made to the Department may
26be disclosed by the general superintendent of the school



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1district to which the request for information concerning the
2applicant is made, and this fact may be disclosed only in cases
3where the employee and the general superintendent have not been
4informed by the Department that the allegations were unfounded.
5An employee of a school district who is or has been the subject
6of a report made pursuant to this Act during his or her
7employment with the school district must be informed by that
8school district that if he or she applies for employment with
9another school district, the general superintendent of the
10former school district, upon the request of the school district
11to which the employee applies, shall notify that requesting
12school district that the employee is or was the subject of such
13a report.
14    Whenever such person is required to report under this Act
15in his capacity as a member of the staff of a medical or other
16public or private institution, school, facility or agency, or
17as a member of the clergy, he shall make report immediately to
18the Department in accordance with the provisions of this Act
19and may also notify the person in charge of such institution,
20school, facility or agency, or church, synagogue, temple,
21mosque, or other religious institution, or his designated agent
22that such report has been made. Under no circumstances shall
23any person in charge of such institution, school, facility or
24agency, or church, synagogue, temple, mosque, or other
25religious institution, or his designated agent to whom such
26notification has been made, exercise any control, restraint,



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1modification or other change in the report or the forwarding of
2such report to the Department.
3    The privileged quality of communication between any
4professional person required to report and his patient or
5client shall not apply to situations involving abused or
6neglected children and shall not constitute grounds for failure
7to report as required by this Act or constitute grounds for
8failure to share information or documents with the Department
9during the course of a child abuse or neglect investigation. If
10requested by the professional, the Department shall confirm in
11writing that the information or documents disclosed by the
12professional were gathered in the course of a child abuse or
13neglect investigation.
14    The reporting requirements of this Act shall not apply to
15the contents of a privileged communication between an attorney
16and his or her client or to confidential information within the
17meaning of Rule 1.6 of the Illinois Rules of Professional
18Conduct relating to the legal representation of an individual
20    A member of the clergy may claim the privilege under
21Section 8-803 of the Code of Civil Procedure.
22    Any office, clinic, or any other physical location that
23provides abortions, abortion referrals, or contraceptives
24shall provide to all office personnel copies of written
25information and training materials about abuse and neglect and
26the requirements of this Act that are provided to employees of



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1the office, clinic, or physical location who are required to
2make reports to the Department under this Act, and instruct
3such office personnel to bring to the attention of an employee
4of the office, clinic, or physical location who is required to
5make reports to the Department under this Act any reasonable
6suspicion that a child known to him or her in his or her
7professional or official capacity may be an abused child or a
8neglected child. In addition to the above persons required to
9report suspected cases of abused or neglected children, any
10other person may make a report if such person has reasonable
11cause to believe a child may be an abused child or a neglected
13    Any person who enters into employment on and after July 1,
141986 and is mandated by virtue of that employment to report
15under this Act, shall sign a statement on a form prescribed by
16the Department, to the effect that the employee has knowledge
17and understanding of the reporting requirements of this Act. On
18and after January 1, 2019, the statement shall also include
19information about available mandated reporter training
20provided by the Department. The statement shall be signed prior
21to commencement of the employment. The signed statement shall
22be retained by the employer. The cost of printing,
23distribution, and filing of the statement shall be borne by the
25    Within one year of initial employment and at least every 5
26years thereafter, school personnel required to report child



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1abuse as provided under this Section must complete mandated
2reporter training by a provider or agency with expertise in
3recognizing and reporting child abuse.
4    The Department shall provide copies of this Act, upon
5request, to all employers employing persons who shall be
6required under the provisions of this Section to report under
7this Act.
8    Any person who knowingly transmits a false report to the
9Department commits the offense of disorderly conduct under
10subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.
11A violation of this provision is a Class 4 felony.
12    Any person who knowingly and willfully violates any
13provision of this Section other than a second or subsequent
14violation of transmitting a false report as described in the
15preceding paragraph, is guilty of a Class A misdemeanor for a
16first violation and a Class 4 felony for a second or subsequent
17violation; except that if the person acted as part of a plan or
18scheme having as its object the prevention of discovery of an
19abused or neglected child by lawful authorities for the purpose
20of protecting or insulating any person or entity from arrest or
21prosecution, the person is guilty of a Class 4 felony for a
22first offense and a Class 3 felony for a second or subsequent
23offense (regardless of whether the second or subsequent offense
24involves any of the same facts or persons as the first or other
25prior offense).
26    A child whose parent, guardian or custodian in good faith



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1selects and depends upon spiritual means through prayer alone
2for the treatment or cure of disease or remedial care may be
3considered neglected or abused, but not for the sole reason
4that his parent, guardian or custodian accepts and practices
5such beliefs.
6    A child shall not be considered neglected or abused solely
7because the child is not attending school in accordance with
8the requirements of Article 26 of the School Code, as amended.
9    Nothing in this Act prohibits a mandated reporter who
10reasonably believes that an animal is being abused or neglected
11in violation of the Humane Care for Animals Act from reporting
12animal abuse or neglect to the Department of Agriculture's
13Bureau of Animal Health and Welfare.
14    A home rule unit may not regulate the reporting of child
15abuse or neglect in a manner inconsistent with the provisions
16of this Section. This Section is a limitation under subsection
17(i) of Section 6 of Article VII of the Illinois Constitution on
18the concurrent exercise by home rule units of powers and
19functions exercised by the State.
20    For purposes of this Section "child abuse or neglect"
21includes abuse or neglect of an adult resident as defined in
22this Act.
23(Source: P.A. 100-513, eff. 1-1-18.)".