Full Text of HB4071 102nd General Assembly
HB4071ham001 102ND GENERAL ASSEMBLY | Rep. Tom Weber Filed: 2/15/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4071
| 2 | | AMENDMENT NO. ______. Amend House Bill 4071 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Reference to Act. This Act may be referred to | 5 | | as the AJ Freund Act. | 6 | | Section 5. The Abused and Neglected Child Reporting Act is | 7 | | amended by changing Sections 7 and 7.3 as follows:
| 8 | | (325 ILCS 5/7) (from Ch. 23, par. 2057)
| 9 | | Sec. 7. Time and manner of making reports. All reports of | 10 | | suspected
child abuse or neglect made
under this Act shall be | 11 | | made immediately by telephone to the central register
| 12 | | established under Section 7.7 on the single, State-wide, | 13 | | toll-free telephone
number established in Section 7.6, or in | 14 | | person or by telephone through
the nearest Department office. | 15 | | The Department shall, in cooperation with
school officials, |
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| 1 | | distribute
appropriate materials in school buildings
listing | 2 | | the toll-free telephone number established in Section 7.6,
| 3 | | including methods of making a report under this Act.
The | 4 | | Department may, in cooperation with appropriate members of the | 5 | | clergy,
distribute appropriate materials in churches, | 6 | | synagogues, temples, mosques, or
other religious buildings | 7 | | listing the toll-free telephone number
established in Section | 8 | | 7.6, including methods of making a report under this
Act.
| 9 | | Wherever the Statewide number is posted, there shall also | 10 | | be posted the
following notice:
| 11 | | "Any person who knowingly transmits a false report to the | 12 | | Department
commits the offense of disorderly conduct under | 13 | | subsection (a)(7) of
Section 26-1 of the Criminal Code of | 14 | | 2012. A violation of this subsection is a Class 4 felony."
| 15 | | 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 | 21 | | the cause of such abuse or neglect and the identity of the
| 22 | | person believed to have caused such abuse or neglect. Reports | 23 | | made to 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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| 1 | | 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 | 13 | | damage,
skull fractures, subdural hematomas, and internal | 14 | | injuries, torture of a
child, malnutrition of a child, and | 15 | | sexual abuse to a child, including, but
not limited to, sexual | 16 | | intercourse, sexual exploitation, sexual
molestation, and | 17 | | sexually transmitted disease in a child age 12
and under. All
| 18 | | oral 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
hours | 21 | | of the oral report. All reports by
persons mandated to report | 22 | | 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.
| 26 | | Any report received by the Department alleging the abuse |
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| 1 | | or neglect of a child by a person who is not the child's | 2 | | parent, a member of the child's immediate family, a person | 3 | | responsible for the child's welfare, an individual residing in | 4 | | the same home as the child, or a paramour of the child's parent | 5 | | shall immediately be shared with referred to the appropriate | 6 | | local law enforcement agency for consideration of criminal | 7 | | investigation or other action. | 8 | | Written confirmation reports from persons not required to | 9 | | report by this
Act may be made to the appropriate Child | 10 | | Protective Service Unit. Written
reports from persons required | 11 | | by this Act to report shall be admissible
in evidence in any | 12 | | judicial proceeding or administrative hearing relating to | 13 | | child abuse or neglect.
Reports involving known or suspected | 14 | | child abuse or neglect in public or
private residential | 15 | | agencies or institutions shall be made and received
in the | 16 | | same manner as all other reports made under this Act.
| 17 | | For purposes of this Section, "child" includes an adult | 18 | | resident as defined in this Act. | 19 | | (Source: P.A. 101-583, eff. 1-1-20; 102-558, eff. 8-20-21.)
| 20 | | (325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
| 21 | | Sec. 7.3. (a) The Department shall be the sole agency | 22 | | responsible for receiving
and investigating reports of child | 23 | | abuse or neglect made under this Act,
including reports of | 24 | | adult resident abuse or neglect as defined in this Act, except | 25 | | where investigations by other agencies may be required with
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| 1 | | respect to reports alleging the abuse or neglect of a child by | 2 | | a person who is not the child's parent, a member of the child's | 3 | | immediate family, a person responsible for the child's | 4 | | welfare, an individual residing in the same home as the child, | 5 | | or a paramour of the child's parent, the death of a child, | 6 | | serious injury to a child
or sexual abuse to a child made | 7 | | pursuant to Sections 4.1 or 7 of this Act,
and except that the | 8 | | Department may delegate the performance of the
investigation | 9 | | to the Illinois State Police, a law enforcement agency
and to | 10 | | those private social service agencies which have been | 11 | | designated for
this purpose by the Department prior to July 1, | 12 | | 1980.
| 13 | | (b) Notwithstanding any other provision of this Act, the | 14 | | Department shall adopt rules expressly allowing law | 15 | | enforcement personnel to investigate reports of suspected | 16 | | child abuse or neglect concurrently with the Department, | 17 | | without regard to whether the Department determines a report | 18 | | to be "indicated" or "unfounded" or deems a report to be | 19 | | "undetermined".
Upon any determination, the complete | 20 | | investigative report shall be shared with the office of the | 21 | | State's Attorney of the involved county. Nothing shall | 22 | | prohibit the office of the State's Attorney of the involved | 23 | | county from concurrently conducting an additional, independent | 24 | | investigation of the same incidents and allegations | 25 | | investigated by the Department. At the commencement of the | 26 | | State's Attorney's independent investigation, the State's |
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| 1 | | Attorney, in his or her official capacity as a mandated | 2 | | reporter, shall notify the Department of the independent | 3 | | investigation by making a report by telephone to the central | 4 | | register established under Section 7.7 on the single, | 5 | | State-wide, toll-free telephone number established in Section | 6 | | 7.6. Upon completion of the independent investigation, the | 7 | | State's Attorney shall share his or her findings and | 8 | | determinations with the Department. | 9 | | (c) By June 1, 2016, the Department shall adopt rules that | 10 | | address and set forth criteria and standards relevant to | 11 | | investigations of reports of abuse or neglect committed by any | 12 | | agency, as defined in Section 3 of this Act, or person working | 13 | | for an agency responsible for the welfare of a child or adult | 14 | | resident. | 15 | | (Source: P.A. 101-583, eff. 1-1-20; 102-538, eff. 8-20-21.)".
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