Public Act 095-0461
 
SB1428 Enrolled LRB095 11074 DRJ 31400 b

    AN ACT concerning children.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Abused and Neglected Child Reporting Act is
amended by changing Section 4 as follows:
 
    (325 ILCS 5/4)  (from Ch. 23, par. 2054)
    Sec. 4. Persons required to report; privileged
communications; transmitting false report. Any physician,
resident, intern, hospital, hospital administrator and
personnel engaged in examination, care and treatment of
persons, surgeon, dentist, dentist hygienist, osteopath,
chiropractor, podiatrist, physician assistant, substance abuse
treatment personnel, funeral home director or employee,
coroner, medical examiner, emergency medical technician,
acupuncturist, crisis line or hotline personnel, school
personnel (including administrators and both certified and
non-certified school employees), educational advocate assigned
to a child pursuant to the School Code, member of a school
board or the Chicago Board of Education or the governing body
of a private school (but only to the extent required in
accordance with other provisions of this Section expressly
concerning the duty of school board members to report suspected
child abuse), truant officers, social worker, social services
administrator, domestic violence program personnel, registered
nurse, licensed practical nurse, genetic counselor,
respiratory care practitioner, advanced practice nurse, home
health aide, director or staff assistant of a nursery school or
a child day care center, recreational program or facility
personnel, law enforcement officer, licensed professional
counselor, licensed clinical professional counselor,
registered psychologist and assistants working under the
direct supervision of a psychologist, psychiatrist, or field
personnel of the Department of Healthcare and Family Services,
Public Health, Human Services (acting as successor to the
Department of Mental Health and Developmental Disabilities,
Rehabilitation Services, or Public Aid), Corrections, Human
Rights, or Children and Family Services, supervisor and
administrator of general assistance under the Illinois Public
Aid Code, probation officer, or any other foster parent,
homemaker or child care worker having reasonable cause to
believe a child known to them in their professional or official
capacity may be an abused child or a neglected child shall
immediately report or cause a report to be made to the
Department.
    Any member of the clergy having reasonable cause to believe
that a child known to that member of the clergy in his or her
professional capacity may be an abused child as defined in item
(c) of the definition of "abused child" in Section 3 of this
Act shall immediately report or cause a report to be made to
the Department.
    If an allegation is raised to a school board member during
the course of an open or closed school board meeting that a
child who is enrolled in the school district of which he or she
is a board member is an abused child as defined in Section 3 of
this Act, the member shall direct or cause the school board to
direct the superintendent of the school district or other
equivalent school administrator to comply with the
requirements of this Act concerning the reporting of child
abuse. For purposes of this paragraph, a school board member is
granted the authority in his or her individual capacity to
direct the superintendent of the school district or other
equivalent school administrator to comply with the
requirements of this Act concerning the reporting of child
abuse.
    Whenever such person is required to report under this Act
in his capacity as a member of the staff of a medical or other
public or private institution, school, facility or agency, or
as a member of the clergy, he shall make report immediately to
the Department in accordance with the provisions of this Act
and may also notify the person in charge of such institution,
school, facility or agency, or church, synagogue, temple,
mosque, or other religious institution, or his designated agent
that such report has been made. Under no circumstances shall
any person in charge of such institution, school, facility or
agency, or church, synagogue, temple, mosque, or other
religious institution, or his designated agent to whom such
notification has been made, exercise any control, restraint,
modification or other change in the report or the forwarding of
such report to the Department.
    The privileged quality of communication between any
professional person required to report and his patient or
client shall not apply to situations involving abused or
neglected children and shall not constitute grounds for failure
to report as required by this Act.
    A member of the clergy may claim the privilege under
Section 8-803 of the Code of Civil Procedure.
    In addition to the above persons required to report
suspected cases of abused or neglected children, any other
person may make a report if such person has reasonable cause to
believe a child may be an abused child or a neglected child.
    Any person who enters into employment on and after July 1,
1986 and is mandated by virtue of that employment to report
under this Act, shall sign a statement on a form prescribed by
the Department, to the effect that the employee has knowledge
and understanding of the reporting requirements of this Act.
The statement shall be signed prior to commencement of the
employment. The signed statement shall be retained by the
employer. The cost of printing, distribution, and filing of the
statement shall be borne by the employer.
    The Department shall provide copies of this Act, upon
request, to all employers employing persons who shall be
required under the provisions of this Section to report under
this Act.
    Any person who knowingly transmits a false report to the
Department commits the offense of disorderly conduct under
subsection (a)(7) of Section 26-1 of the "Criminal Code of
1961". Any person who violates this provision a second or
subsequent time shall be guilty of a Class 3 felony.
    Any person who knowingly and willfully violates any
provision of this Section other than a second or subsequent
violation of transmitting a false report as described in the
preceding paragraph, is guilty of a Class A misdemeanor for a
first violation and a Class 4 felony for a second or subsequent
violation; except that if the person acted as part of a plan or
scheme having as its object the prevention of discovery of an
abused or neglected child by lawful authorities for the purpose
of protecting or insulating any person or entity from arrest or
prosecution, the person is guilty of a Class 4 felony for a
first offense and a Class 3 felony for a second or subsequent
offense (regardless of whether the second or subsequent offense
involves any of the same facts or persons as the first or other
prior offense).
    A child whose parent, guardian or custodian in good faith
selects and depends upon spiritual means through prayer alone
for the treatment or cure of disease or remedial care may be
considered neglected or abused, but not for the sole reason
that his parent, guardian or custodian accepts and practices
such beliefs.
    A child shall not be considered neglected or abused solely
because the child is not attending school in accordance with
the requirements of Article 26 of the School Code, as amended.
(Source: P.A. 93-137, eff. 7-10-03; 93-356, eff. 7-24-03;
93-431, eff. 8-5-03; 93-1041, eff. 9-29-04; 94-888, eff.
6-20-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.