Full Text of SB0376 103rd General Assembly
SB0376sam001 103RD GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 3/30/2023
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| 1 | | AMENDMENT TO SENATE BILL 376
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 376 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Abused and Neglected Child Reporting Act | 5 | | is amended by changing Section 7.4 as follows:
| 6 | | (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
| 7 | | Sec. 7.4. (a) The Department shall be capable of receiving | 8 | | reports of
suspected child abuse or neglect 24 hours a day, 7 | 9 | | days a week. Whenever
the Department receives a report | 10 | | alleging that a child is a
truant as defined in Section 26-2a | 11 | | of the School Code, as now or hereafter
amended, the | 12 | | Department shall notify the superintendent of the school
| 13 | | district in which the child resides and the appropriate | 14 | | superintendent of
the educational service region. The | 15 | | notification to the appropriate
officials by the Department | 16 | | shall not be considered an allegation of abuse
or neglect |
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| 1 | | under this Act.
| 2 | | (a-5) The Department of Children and Family Services may | 3 | | implement a "differential response program" in accordance with | 4 | | criteria, standards, and procedures prescribed by rule. The | 5 | | program may provide that, upon receiving a report, the | 6 | | Department shall determine whether to conduct a family | 7 | | assessment or an investigation as appropriate to prevent or | 8 | | provide a remedy for child abuse or neglect. | 9 | | For purposes of this subsection (a-5), "family assessment" | 10 | | means a comprehensive assessment of child safety, risk of | 11 | | subsequent child maltreatment, and family strengths and needs | 12 | | that is applied to a child maltreatment report that does not | 13 | | allege substantial child endangerment. "Family assessment" | 14 | | does not include a determination as to whether child | 15 | | maltreatment occurred but does determine the need for services | 16 | | to address the safety of family members and the risk of | 17 | | subsequent maltreatment. | 18 | | For purposes of this subsection (a-5), "investigation" | 19 | | means fact-gathering related to the current safety of a child | 20 | | and the risk of subsequent abuse or neglect that determines | 21 | | whether a report of suspected child abuse or neglect should be | 22 | | indicated or unfounded and whether child protective services | 23 | | are needed. | 24 | | Under the "differential response program" implemented | 25 | | under this subsection (a-5), the Department: | 26 | | (1) Shall conduct an investigation on reports |
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| 1 | | involving substantial child abuse or neglect. | 2 | | (2) Shall begin an immediate investigation if, at any | 3 | | time when it is using a family assessment response, it | 4 | | determines that there is reason to believe that | 5 | | substantial child abuse or neglect or a serious threat to | 6 | | the child's safety exists. | 7 | | (3) May conduct a family assessment for reports that | 8 | | do not allege substantial child endangerment. In | 9 | | determining that a family assessment is appropriate, the | 10 | | Department may consider issues, including, but not limited | 11 | | to, child safety, parental cooperation, and the need for | 12 | | an immediate response. | 13 | | (4) Shall promulgate criteria, standards, and | 14 | | procedures that shall be applied in making this | 15 | | determination, taking into consideration the Child | 16 | | Endangerment Risk Assessment Protocol of the Department. | 17 | | (5) May conduct a family assessment on a report that | 18 | | was initially screened and assigned for an investigation. | 19 | | In determining that a complete investigation is not | 20 | | required, the Department must document the reason for | 21 | | terminating the investigation and notify the local law | 22 | | enforcement agency or the Illinois State Police if the local | 23 | | law enforcement agency or Illinois State Police is conducting | 24 | | a joint investigation. | 25 | | Once it is determined that a "family assessment" will be | 26 | | implemented, the case shall not be reported to the central |
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| 1 | | register of abuse and neglect reports. | 2 | | During a family assessment, the Department shall collect | 3 | | any available and relevant information to determine child | 4 | | safety, risk of subsequent abuse or neglect, and family | 5 | | strengths. | 6 | | Information collected includes, but is not limited to, | 7 | | when relevant: information with regard to the person reporting | 8 | | the alleged abuse or neglect, including the nature of the | 9 | | reporter's relationship to the child and to the alleged | 10 | | offender, and the basis of the reporter's knowledge for the | 11 | | report; the child allegedly being abused or neglected; the | 12 | | alleged offender; the child's caretaker; and other collateral | 13 | | sources having relevant information related to the alleged | 14 | | abuse or neglect. Information relevant to the assessment must | 15 | | be asked for, and may include: | 16 | | (A) The child's sex and age, prior reports of abuse or | 17 | | neglect, information relating to developmental | 18 | | functioning, credibility of the child's statement, and | 19 | | whether the information provided under this paragraph (A) | 20 | | is consistent with other information collected during the | 21 | | course of the assessment or investigation. | 22 | | (B) The alleged offender's age, a record check for | 23 | | prior reports of abuse or neglect, and criminal charges | 24 | | and convictions. The alleged offender may submit | 25 | | supporting documentation relevant to the assessment. | 26 | | (C) Collateral source information regarding the |
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| 1 | | alleged abuse or neglect and care of the child. Collateral | 2 | | information includes, when relevant: (i) a medical | 3 | | examination of the child; (ii) prior medical records | 4 | | relating to the alleged maltreatment or care of the child | 5 | | maintained by any facility, clinic, or health care | 6 | | professional, and an interview with the treating | 7 | | professionals; and (iii) interviews with the child's | 8 | | caretakers, including the child's parent, guardian, foster | 9 | | parent, child care provider, teachers, counselors, family | 10 | | members, relatives, and other persons who may have | 11 | | knowledge regarding the alleged maltreatment and the care | 12 | | of the child. | 13 | | (D) Information on the existence of domestic abuse and | 14 | | violence in the home of the child, and substance abuse. | 15 | | Nothing in this subsection (a-5) precludes the Department | 16 | | from collecting other relevant information necessary to | 17 | | conduct the assessment or investigation. Nothing in this | 18 | | subsection (a-5) shall be construed to allow the name or | 19 | | identity of a reporter to be disclosed in violation of the | 20 | | protections afforded under Section 7.19 of this Act. | 21 | | After conducting the family assessment, the Department | 22 | | shall determine whether services are needed to address the | 23 | | safety of the child and other family members and the risk of | 24 | | subsequent abuse or neglect. | 25 | | Upon completion of the family assessment, if the | 26 | | Department concludes that no services shall be offered, then |
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| 1 | | the case shall be closed. If the Department concludes that | 2 | | services shall be offered, the Department shall develop a | 3 | | family preservation plan and offer or refer services to the | 4 | | family. | 5 | | At any time during a family assessment, if the Department | 6 | | believes there is any reason to stop the assessment and | 7 | | conduct an investigation based on the information discovered, | 8 | | the Department shall do so. | 9 | | The procedures available to the Department in conducting | 10 | | investigations under this Act shall be followed as appropriate | 11 | | during a family assessment. | 12 | | If the Department implements a differential response | 13 | | program authorized under this subsection (a-5), the Department | 14 | | shall arrange for an independent evaluation of the program for | 15 | | at least the first 3 years of implementation to determine | 16 | | whether it is meeting the goals in accordance with Section 2 of | 17 | | this Act. | 18 | | The Department may adopt administrative rules necessary | 19 | | for the execution of this Section, in accordance with Section | 20 | | 4 of the Children and Family Services Act. | 21 | | The Department shall submit a report to the General | 22 | | Assembly by January 15, 2018 on the implementation progress | 23 | | and recommendations for additional needed legislative changes.
| 24 | | (b)(1) The following procedures shall be followed in the | 25 | | investigation
of all reports of suspected abuse or neglect of | 26 | | a child, except as provided
in subsection (c) of this Section.
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| 1 | | (2) If, during a family assessment authorized by | 2 | | subsection (a-5) or an investigation, it appears that the | 3 | | immediate safety or well-being of a child is
endangered, that | 4 | | the family may flee or the child disappear, or that the
facts | 5 | | otherwise so warrant, the Child Protective Service Unit shall
| 6 | | commence an investigation immediately, regardless of the time | 7 | | of day or
night. All other investigations shall be commenced | 8 | | within 24
hours of receipt of the report. Upon receipt of a | 9 | | report, the Child
Protective Service Unit shall conduct a | 10 | | family assessment authorized by subsection (a-5) or begin an | 11 | | initial investigation and make an initial
determination | 12 | | whether the report is a good faith indication of alleged
child | 13 | | abuse or neglect.
| 14 | | (3) Based on an initial investigation, if the Unit | 15 | | determines the report is a good faith
indication of alleged | 16 | | child abuse or neglect, then a formal investigation
shall | 17 | | commence and, pursuant to Section 7.12 of this Act, may or may | 18 | | not
result in an indicated report. The formal investigation | 19 | | shall include:
direct contact with the subject or subjects of | 20 | | the report as soon as
possible after the report is received; an
| 21 | | evaluation of the environment of the child named in the report | 22 | | and any other
children in the same environment; a | 23 | | determination of the risk to such
children if they continue to | 24 | | remain in the existing environments, as well
as a | 25 | | determination of the nature, extent and cause of any condition
| 26 | | enumerated in such report; the name, age and condition of |
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| 1 | | other children in
the environment; and an evaluation as to | 2 | | whether there would be an
immediate and urgent necessity to | 3 | | remove the child from the environment if
appropriate family | 4 | | preservation services were provided. After seeing to
the | 5 | | safety of the child or children, the Department shall
| 6 | | forthwith notify the subjects of the report in writing, of the | 7 | | existence
of the report and their rights existing under this | 8 | | Act in regard to amendment
or expungement. To fulfill the | 9 | | requirements of this Section, the Child
Protective Service | 10 | | Unit shall have the capability of providing or arranging
for | 11 | | comprehensive emergency services to children and families at | 12 | | all times
of the day or night.
| 13 | | (4) If (i) at the conclusion of the Unit's initial | 14 | | investigation of a
report, the Unit determines the report to | 15 | | be a good faith indication of
alleged child abuse or neglect | 16 | | that warrants a formal investigation by
the Unit, the | 17 | | Department, any law enforcement agency or any other
| 18 | | responsible agency and (ii) the person who is alleged to have | 19 | | caused the
abuse or neglect is employed or otherwise engaged | 20 | | in an activity resulting
in frequent contact with children and | 21 | | the alleged abuse or neglect are in
the course of such | 22 | | employment or activity, then the Department shall,
except in | 23 | | investigations where the Director determines that such
| 24 | | notification would be detrimental to the Department's | 25 | | investigation, inform
the appropriate supervisor or | 26 | | administrator of that employment or activity
that the Unit has |
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| 1 | | commenced a formal investigation pursuant to this Act,
which | 2 | | may or may not result in an indicated report. The Department | 3 | | shall also
notify the person being investigated, unless the | 4 | | Director determines that
such notification would be | 5 | | detrimental to the Department's investigation.
| 6 | | (c) In an investigation of a report of suspected abuse or | 7 | | neglect of
a child by a school employee at a school or on | 8 | | school grounds, the
Department shall make reasonable efforts | 9 | | to follow the following procedures:
| 10 | | (1) Investigations involving teachers shall not, to | 11 | | the extent possible,
be conducted when the teacher is | 12 | | scheduled to conduct classes.
Investigations involving | 13 | | other school employees shall be conducted so as to
| 14 | | minimize disruption of the school day. The school employee | 15 | | accused of
child abuse or neglect may have his superior, | 16 | | his association or union
representative and his attorney | 17 | | present at any interview or meeting at
which the teacher | 18 | | or administrator is present. The accused school employee
| 19 | | shall be informed by a representative of the Department, | 20 | | at any
interview or meeting, of the accused school | 21 | | employee's due process rights
and of the steps in the | 22 | | investigation process.
These due
process rights shall also | 23 | | include the right of the school employee to
present | 24 | | countervailing evidence regarding the accusations. In an | 25 | | investigation in which the alleged perpetrator of abuse or | 26 | | neglect is a school employee, including, but not limited |
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| 1 | | to, a school teacher or administrator, and the | 2 | | recommendation is to determine the report to be indicated, | 3 | | in addition to other procedures as set forth and defined | 4 | | in Department rules and procedures, the employee's due | 5 | | process rights shall also include: (i) the right to a copy | 6 | | of the investigation summary; (ii) the right to review the | 7 | | specific allegations which gave rise to the investigation; | 8 | | and (iii) the right to an administrator's teleconference | 9 | | which shall be convened to provide the school employee | 10 | | with the opportunity to present documentary evidence or | 11 | | other information that supports his or her position and to | 12 | | provide information before a final finding is entered.
| 13 | | (2) If a report of neglect or abuse of a child by a | 14 | | teacher or
administrator does not involve allegations of | 15 | | sexual abuse or extreme
physical abuse, the Child | 16 | | Protective Service Unit shall make reasonable
efforts to | 17 | | conduct the initial investigation in coordination with the
| 18 | | employee's supervisor.
| 19 | | If the Unit determines that the report is a good faith | 20 | | indication of
potential child abuse or neglect, it shall | 21 | | then commence a formal
investigation under paragraph (3) | 22 | | of subsection (b) of this Section.
| 23 | | (3) If a report of neglect or abuse of a child by a | 24 | | teacher or
administrator involves an allegation of sexual | 25 | | abuse or extreme physical
abuse, the Child Protective Unit | 26 | | shall commence an investigation under
paragraph (2) of |
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| 1 | | subsection (b) of this Section.
| 2 | | (c-5) In any instance in which a report is made or caused | 3 | | to made by a school district employee involving the conduct of | 4 | | a person employed by the school district, at the time the | 5 | | report was made, as required under Section 4 of this Act, the | 6 | | Child Protective Service Unit shall send a copy of its final | 7 | | finding report to the general superintendent of that school | 8 | | district.
| 9 | | (c-10) The Department may recommend that a school district | 10 | | remove a school employee who is the subject of an | 11 | | investigation from his or her employment position pending the | 12 | | outcome of the investigation; however, all employment | 13 | | decisions regarding school personnel shall be the sole | 14 | | responsibility of the school district or employer. The | 15 | | Department may not require a school district to remove a | 16 | | school employee from his or her employment position or limit | 17 | | the school employee's duties pending the outcome of an | 18 | | investigation. | 19 | | (d) If the Department has contact with an employer, or | 20 | | with a religious
institution or religious official having | 21 | | supervisory or hierarchical authority
over a member of the | 22 | | clergy accused of the abuse of a child,
in the course of its
| 23 | | investigation, the Department shall notify the employer or the | 24 | | religious
institution or religious official, in writing, when | 25 | | a
report is unfounded so that any record of the investigation | 26 | | can be expunged
from the employee's or member of the clergy's |
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| 1 | | personnel or other
records. The Department shall also notify
| 2 | | the employee or the member of the clergy, in writing, that | 3 | | notification
has been sent to the employer or to the | 4 | | appropriate religious institution or
religious official
| 5 | | informing the employer or religious institution or religious | 6 | | official that
the
Department's investigation has resulted in
| 7 | | an unfounded report.
| 8 | | (d-1) Whenever a report alleges that a child was abused or | 9 | | neglected while receiving care in a hospital, including a | 10 | | freestanding psychiatric hospital licensed by the Department | 11 | | of Public Health, the Department shall send a copy of its final | 12 | | finding to the Director of Public Health and the Director of | 13 | | Healthcare and Family Services. | 14 | | (d-2) In any investigation conducted in accordance with | 15 | | this Act during which the Department consults with and relies | 16 | | upon a medically trained professional as to whether, to a | 17 | | reasonable degree of medical certainty, abuse or neglect is | 18 | | considered likely, the following protections shall be provided | 19 | | to any subject of the investigation: | 20 | | (1) If a consulting medical professional is employed, | 21 | | in whole or in part, by the Department or receives | 22 | | referrals in the course of an investigation pursuant to | 23 | | any contract, memorandum of understanding, or direct | 24 | | request by an investigator, that individual must identify | 25 | | himself or herself as a forensic consultant, rather than | 26 | | as a member of the child's treatment team, whenever the |
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| 1 | | individual has direct contact with the child or the family | 2 | | of the child. The individual must also provide the child's | 3 | | guardian with accurate information about the medical | 4 | | specialties that the individual holds. | 5 | | (2) The subject of an investigation shall be informed | 6 | | of the medical opinions that the Department has obtained | 7 | | from any forensic consultants pursuant to contracts or | 8 | | subcontracts to which the Department is a party, and the | 9 | | subject of the investigation shall be afforded the | 10 | | reasonable opportunity to submit a second medical opinion | 11 | | to the Department. A request for a second medical opinion | 12 | | shall be completed in a reasonable amount of time to | 13 | | comply with deadlines and shall be considered good cause | 14 | | to toll deadlines for completion of an investigation. | 15 | | (d-3) The Department shall annually prepare and make | 16 | | available on the Department's Reports and Statistics webpage a | 17 | | report on the number of children referred to a consulting | 18 | | medical professional for a forensic opinion. That report shall | 19 | | not contain any personally identifiable information about a | 20 | | child referred for a forensic opinion, the family members of | 21 | | such a child, or the consulting medical professional. If the | 22 | | number of cases in any category of information under items (4) | 23 | | through (10) is less than 10, the Department shall not include | 24 | | that information in the report. The first report must be | 25 | | posted by March 31, 2024. The report shall contain the | 26 | | following information: |
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| 1 | | (1) The total number of abuse or neglect cases that | 2 | | were indicated by the Department, with separate line items | 3 | | for: | 4 | | (A) the total number of abuse and neglect cases | 5 | | that the Department determined were indicated but that | 6 | | did not have child abuse pediatrician involvement; | 7 | | (B) the total number of abuse and neglect cases | 8 | | that the Department determined were indicated but were | 9 | | appealed and the outcomes of those appeals, organized | 10 | | as follows: | 11 | | (i) first, by the total number of indicated | 12 | | cases appealed via administrative appeal hearing | 13 | | before an administrative law judge and the | 14 | | outcomes of those hearings; and | 15 | | (ii) second, by the total number of cases in | 16 | | which an administrative law judge's affirmance of | 17 | | the indicated findings was appealed to federal | 18 | | district court and the outcomes of the court's | 19 | | findings; and | 20 | | (C) the total number of abuse and neglect cases | 21 | | that were indicated by the Department but indicated as | 22 | | to an unknown perpetrator. | 23 | | (2) The total number of abuse or neglect cases that | 24 | | the Department determined were unfounded. | 25 | | (3) The total number of abuse or neglect cases in | 26 | | which a petition for adjudication of wardship was filed. |
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| 1 | | (4) The total number of abuse and neglect cases under | 2 | | paragraphs (1), (2), and (3) in which a consulting medical | 3 | | professional is employed, organized by the identity of the | 4 | | consulting medical professional, by assigning each such | 5 | | professional a unique identifier that does not reveal the | 6 | | professional's name, affiliation, or other personally | 7 | | identifiable information. | 8 | | (5) The total number of abuse and neglect cases under | 9 | | paragraphs (1), (2), and (3), organized by medical | 10 | | diagnosis. | 11 | | (6) The total number of abuse and neglect cases under | 12 | | paragraphs (1), (2), and (3), organized by county. | 13 | | (7) The total number of abuse and neglect cases under | 14 | | paragraphs (1), (2), and (3), organized by race of the | 15 | | child. | 16 | | (8) The total number of abuse and neglect cases under | 17 | | paragraphs (1), (2), and (3), organized by gender of the | 18 | | child. | 19 | | (9) The total number of abuse and neglect cases under | 20 | | paragraphs (1), (2), and (3) involving children with | 21 | | safety plans. | 22 | | (10) The total number of abuse and neglect cases under | 23 | | paragraphs (1), (2), and (3) where the child was put in | 24 | | protective custody. | 25 | | (e) Upon request by the Department, the Illinois
State | 26 | | Police and law enforcement agencies are
authorized to provide |
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| 1 | | criminal history record information
as defined in the Illinois | 2 | | Uniform Conviction Information Act and information
maintained | 3 | | in
the adjudicatory and dispositional record system as defined | 4 | | in Section
2605-355 of the Illinois State Police Law to | 5 | | properly
designated
employees of the
Department of Children
| 6 | | and Family Services if the Department determines the | 7 | | information is
necessary to perform its duties under the | 8 | | Abused and
Neglected Child Reporting Act, the Child Care Act | 9 | | of 1969, and the Children and
Family Services Act. The
request | 10 | | shall be in the form and manner required
by
the Illinois State | 11 | | Police. Any information obtained by the Department of
Children
| 12 | | and Family Services under this Section is
confidential and may | 13 | | not be transmitted outside the Department of Children
and | 14 | | Family Services other than to a court of competent | 15 | | jurisdiction or unless
otherwise authorized by law.
Any | 16 | | employee of the Department of Children and Family Services who | 17 | | transmits
confidential information in
violation of this
| 18 | | Section or causes the information to be
transmitted in | 19 | | violation of this Section is guilty of a Class A
misdemeanor | 20 | | unless the transmittal of
the
information is
authorized by | 21 | | this Section or otherwise authorized by law.
| 22 | | (f) For purposes of this Section, "child abuse or neglect" | 23 | | includes abuse or neglect of an adult resident as defined in | 24 | | this Act. | 25 | | (Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)".
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