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| Public Act 097-0254 | ||||
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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 Section 4 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, animal control | ||
officer or Illinois Department of Agriculture Bureau of Animal | ||
Health and Welfare field investigator, 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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Any physician, physician's assistant, registered nurse, | ||
licensed practical nurse, medical technician, certified | ||
nursing assistant, social worker, or licensed professional | ||
counselor of any office, clinic, or any other physical location | ||
that provides abortions, abortion referrals, or contraceptives | ||
having reasonable cause to believe a child known to him or her | ||
in his or her 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. | ||
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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Any office, clinic, or any other physical location that | ||
provides abortions, abortion referrals, or contraceptives | ||
shall provide to all office personnel copies of written | ||
information and training materials about abuse and neglect and | ||
the requirements of this Act that are provided to employees of | ||
the office, clinic, or physical location who are required to | ||
make reports to the Department under this Act, and instruct | ||
such office personnel to bring to the attention of an employee | ||
of the office, clinic, or physical location who is required to | ||
make reports to the Department under this Act any reasonable | ||
suspicion that a child known to him or her in his or her | ||
professional or official capacity may be an abused child or a | ||
neglected child. In addition to the above persons required to
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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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Nothing in this Act prohibits a mandated reporter who | ||
reasonably believes that an animal is being abused or neglected | ||
in violation of the Humane Care for Animals Act from reporting | ||
animal abuse or neglect to the Department of Agriculture's | ||
Bureau of Animal Health and Welfare. | ||
A home rule unit may not regulate the reporting of child | ||
abuse or neglect in a manner inconsistent with the provisions | ||
of this Section. This Section is a limitation under subsection | ||
(i) of Section 6 of Article VII of the Illinois Constitution on | ||
the concurrent exercise by home rule units of powers and | ||
functions exercised by the State. | ||
For purposes of this Section "child abuse or neglect" | ||
includes abuse or neglect of an adult resident as defined in | ||
this Act. | ||
(Source: P.A. 95-10, eff. 6-30-07; 95-461, eff. 8-27-07; | ||
95-876, eff. 8-21-08; 95-908, eff. 8-26-08; 96-494, eff. | ||
8-14-09; 96-1446, eff. 8-20-10.)
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