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| Public Act 095-0908 |
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Abused and Neglected Child Reporting Act is | ||||
amended by changing Sections 4, 7.4, and 9 as follows:
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(325 ILCS 5/4) (from Ch. 23, par. 2054)
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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,
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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,
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respiratory care practitioner, advanced practice nurse, home
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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
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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,
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Juvenile Justice, Public Health, Human Services (acting as | ||
successor to the Department of Mental
Health and Developmental | ||
Disabilities, Rehabilitation Services, or Public Aid),
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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.
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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
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the Department.
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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.
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Notwithstanding any other provision of this Act, if an | ||
employee of a school district has made a report or caused a | ||
report to be made to the Department under this Act involving | ||
the conduct of a current or former employee of the school | ||
district and a request is made by another school district for | ||
the provision of information concerning the job performance or | ||
qualifications of the current or former employee because he or | ||
she is an applicant for employment with the requesting school | ||
district, the general superintendent of the school district to | ||
which the request is being made must disclose to the requesting | ||
school district the fact that an employee of the school | ||
district has made a report involving the conduct of the | ||
applicant or caused a report to be made to the Department, as | ||
required under this Act. Only the fact that an employee of the | ||
school district has made a report involving the conduct of the | ||
applicant or caused a report to be made to the Department may | ||
be disclosed by the general superintendent of the school | ||
district to which the request for information concerning the | ||
applicant is made, and this fact may be disclosed only in cases | ||
where the employee and the general superintendent have not been | ||
informed by the Department that the allegations were unfounded. | ||
An employee of a school district who is or has been the subject | ||
of a report made pursuant to this Act during his or her | ||
employment with the school district must be informed by that | ||
school district that if he or she applies for employment with | ||
another school district, the general superintendent of the | ||
former school district, upon the request of the school district | ||
to which the employee applies, shall notify that requesting | ||
school district that the employee is or was the subject of such | ||
a report.
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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,
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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.
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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
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neglected children and shall not constitute grounds for failure | ||
to report
as required by this Act.
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A member of the clergy may claim the privilege under | ||
Section 8-803 of the
Code of Civil Procedure.
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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involves any
of the same facts or persons as the first or other | ||
prior offense).
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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.
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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.
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(Source: P.A. 94-888, eff. 6-20-06; 95-10, eff. 6-30-07; | ||
95-461, eff. 8-27-07; revised 11-15-07.)
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(325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
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Sec. 7.4. (a) The Department shall be capable of receiving | ||
reports of
suspected child abuse or neglect 24 hours a day, 7 | ||
days a week. Whenever
the Department receives a report alleging | ||
that a child is a
truant as defined in Section 26-2a of The | ||
School Code, as now or hereafter
amended, the Department shall | ||
notify the superintendent of the school
district in which the | ||
child resides and the appropriate superintendent of
the | ||
educational service region. The notification to the | ||
appropriate
officials by the Department shall not be considered | ||
an allegation of abuse
or neglect under this Act.
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(b) (1) The following procedures shall be followed in the | ||
investigation
of all reports of suspected abuse or neglect | ||
of a child, except as provided
in subsection (c) of this | ||
Section.
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(2) If it appears that the immediate safety or | ||
well-being of a child is
endangered, that the family may | ||
flee or the child disappear, or that the
facts otherwise so | ||
warrant, the Child Protective Service Unit shall
commence | ||
an investigation immediately, regardless of the time of day | ||
or
night. In all other cases, investigation shall be | ||
commenced within 24
hours of receipt of the report. Upon | ||
receipt of a report, the Child
Protective Service Unit | ||
shall make an initial investigation and an initial
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determination whether the report is a good faith indication | ||
of alleged
child abuse or neglect.
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(3) If the Unit determines the report is a good faith
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indication of alleged child abuse or neglect, then a formal | ||
investigation
shall commence and, pursuant to Section 7.12 | ||
of this Act, may or may not
result in an indicated report. | ||
The formal investigation shall include:
direct contact | ||
with the subject or subjects of the report as soon as
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possible after the report is received; an
evaluation of the | ||
environment of the child named in the report and any other
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children in the same environment; a determination of the | ||
risk to such
children if they continue to remain in the | ||
existing environments, as well
as a determination of the | ||
nature, extent and cause of any condition
enumerated in | ||
such report; the name, age and condition of other children | ||
in
the environment; and an evaluation as to whether there | ||
would be an
immediate and urgent necessity to remove the | ||
child from the environment if
appropriate family | ||
preservation services were provided. After seeing to
the | ||
safety of the child or children, the Department shall
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forthwith notify the subjects of the report in writing, of | ||
the existence
of the report and their rights existing under | ||
this Act in regard to amendment
or expungement. To fulfill | ||
the requirements of this Section, the Child
Protective | ||
Service Unit shall have the capability of providing or | ||
arranging
for comprehensive emergency services to children | ||
and families at all times
of the day or night.
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(4) If (i) at the conclusion of the Unit's initial | ||
investigation of a
report, the Unit determines the report | ||
to be a good faith indication of
alleged child abuse or | ||
neglect that warrants a formal investigation by
the Unit, | ||
the Department, any law enforcement agency or any other
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responsible agency and (ii) the person who is alleged to | ||
have caused the
abuse or neglect is employed or otherwise | ||
engaged in an activity resulting
in frequent contact with | ||
children and the alleged abuse or neglect are in
the course | ||
of such employment or activity, then the Department shall,
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except in investigations where the Director determines | ||
that such
notification would be detrimental to the | ||
Department's investigation, inform
the appropriate | ||
supervisor or administrator of that employment or activity
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that the Unit has commenced a formal investigation pursuant | ||
to this Act,
which may or may not result in an indicated | ||
report. The Department shall also
notify the person being | ||
investigated, unless the Director determines that
such | ||
notification would be detrimental to the Department's | ||
investigation.
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(c) In an investigation of a report of suspected abuse or | ||
neglect of
a child by a school employee at a school or on | ||
school grounds, the
Department shall make reasonable efforts to | ||
follow the following procedures:
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(1) Investigations involving teachers shall not, to | ||
the extent possible,
be conducted when the teacher is | ||
scheduled to conduct classes.
Investigations involving | ||
other school employees shall be conducted so as to
minimize | ||
disruption of the school day. The school employee accused | ||
of
child abuse or neglect may have his superior, his | ||
association or union
representative and his attorney | ||
present at any interview or meeting at
which the teacher or | ||
administrator is present. The accused school employee
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shall be informed by a representative of the Department, at | ||
any
interview or meeting, of the accused school employee's | ||
due process rights
and of the steps in the investigation | ||
process.
The information shall include, but need not | ||
necessarily be limited to the
right, subject to the | ||
approval of the Department, of the school employee to
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confront the accuser, if the accuser is 14 years of age or | ||
older, or the
right to review the specific allegations | ||
which gave rise to the
investigation, and the right to | ||
review all materials and evidence that have
been submitted | ||
to the Department in support of the allegation. These due
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process rights shall also include the right of the school | ||
employee to
present countervailing evidence regarding the | ||
accusations.
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(2) If a report of neglect or abuse of a child by a | ||
teacher or
administrator does not involve allegations of | ||
sexual abuse or extreme
physical abuse, the Child | ||
Protective Service Unit shall make reasonable
efforts to | ||
conduct the initial investigation in coordination with the
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employee's supervisor.
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If the Unit determines that the report is a good faith | ||
indication of
potential child abuse or neglect, it shall | ||
then commence a formal
investigation under paragraph (3) of | ||
subsection (b) of this Section.
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(3) If a report of neglect or abuse of a child by a | ||
teacher or
administrator involves an allegation of sexual | ||
abuse or extreme physical
abuse, the Child Protective Unit | ||
shall commence an investigation under
paragraph (2) of | ||
subsection (b) of this Section.
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(c-5) In any instance in which a report is made or caused | ||
to made by a school district employee involving the conduct of | ||
a person employed by the school district, at the time the | ||
report was made, as required under Section 4 of this Act, the | ||
Child Protective Service Unit shall send a copy of its final | ||
finding report to the general superintendent of that school | ||
district.
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(d) If the Department has contact with an employer, or with | ||
a religious
institution or religious official having | ||
supervisory or hierarchical authority
over a member of the | ||
clergy accused of the abuse of a child,
in the course of its
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investigation, the Department shall notify the employer or the | ||
religious
institution or religious official, in writing, when a
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report is unfounded so that any record of the investigation can | ||
be expunged
from the employee's or member of the clergy's | ||
personnel or other
records. The Department shall also notify
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the employee or the member of the clergy, in writing, that | ||
notification
has been sent to the employer or to the | ||
appropriate religious institution or
religious official
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informing the employer or religious institution or religious | ||
official that
the
Department's investigation has resulted in
an | ||
unfounded report.
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(e) Upon request by the Department, the
Department of State | ||
Police and law enforcement agencies are
authorized to provide | ||
criminal history record information
as defined in the Illinois | ||
Uniform Conviction Information Act and information
maintained | ||
in
the adjudicatory and dispositional record system as defined | ||
in Section
2605-355 of the Department of State Police Law (20 | ||
ILCS
2605/2605-355) to properly
designated
employees of the
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Department of Children
and Family Services if the Department | ||
determines the information is
necessary to perform its duties | ||
under the Abused and
Neglected Child Reporting Act, the Child | ||
Care Act of 1969, and the Children and
Family Services Act. The
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request shall be in the form and manner required
by
the | ||
Department of State Police. Any information obtained by the | ||
Department of
Children
and Family Services under this Section | ||
is
confidential and may not be transmitted outside the | ||
Department of Children
and Family Services other than to a | ||
court of competent jurisdiction or unless
otherwise authorized | ||
by law.
Any employee of the Department of Children and Family | ||
Services who transmits
confidential information in
violation | ||
of this
Section or causes the information to be
transmitted in | ||
violation of this Section is guilty of a Class A
misdemeanor | ||
unless the transmittal of
the
information is
authorized by this | ||
Section or otherwise authorized by law.
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(Source: P.A. 91-239, eff. 1-1-00; 92-801, eff. 8-16-02.)
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(325 ILCS 5/9) (from Ch. 23, par. 2059)
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Sec. 9. Any person, institution or agency, under this Act, | ||
participating
in good faith in the making of a report or | ||
referral, or in the investigation of
such a report or referral | ||
or in the taking of photographs and x-rays
or in the retaining | ||
a child in temporary protective custody or in making a
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disclosure of information concerning reports of child abuse and | ||
neglect in
compliance with Sections 4.2 and 11.1 of this Act or | ||
Section 4 of this Act, as it relates to disclosure by school | ||
personnel and except in cases of wilful or wanton misconduct,
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shall have immunity
from any liability, civil,
criminal or that | ||
otherwise might result by reason of such actions. For
the | |||||||||||||||||||||
purpose of any proceedings,
civil or criminal, the good faith | |||||||||||||||||||||
of any persons required to report or refer,
or permitted to | |||||||||||||||||||||
report,
cases of suspected child abuse or neglect or permitted | |||||||||||||||||||||
to refer
individuals under this Act or required to disclose | |||||||||||||||||||||
information concerning
reports of child abuse and neglect in | |||||||||||||||||||||
compliance with Sections 4.2 and 11.1
of this Act, shall be | |||||||||||||||||||||
presumed.
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(Source: P.A. 90-15, eff. 6-13-97.)
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Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||
becoming law.
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