Rep. Lawrence Walsh, Jr.

Filed: 3/14/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3394

2    AMENDMENT NO. ______. Amend House Bill 3394 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Abused and Neglected Child Reporting Act is
5amended 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
8reports of suspected child abuse or neglect 24 hours a day, 7
9days a week. Whenever the Department receives a report alleging
10that a child is a truant as defined in Section 26-2a of The
11School Code, as now or hereafter amended, the Department shall
12notify the superintendent of the school district in which the
13child resides and the appropriate superintendent of the
14educational service region. The notification to the
15appropriate officials by the Department shall not be considered
16an allegation of abuse or neglect under this Act.

 

 

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1    (a-5) Beginning January 1, 2010, the Department of Children
2and Family Services may implement a 5-year demonstration of a
3"differential response program" in accordance with criteria,
4standards, and procedures prescribed by rule. The program may
5provide that, upon receiving a report, the Department shall
6determine whether to conduct a family assessment or an
7investigation as appropriate to prevent or provide a remedy for
8child abuse or neglect.
9    For purposes of this subsection (a-5), "family assessment"
10means a comprehensive assessment of child safety, risk of
11subsequent child maltreatment, and family strengths and needs
12that is applied to a child maltreatment report that does not
13allege substantial child endangerment. "Family assessment"
14does not include a determination as to whether child
15maltreatment occurred but does determine the need for services
16to address the safety of family members and the risk of
17subsequent maltreatment.
18    For purposes of this subsection (a-5), "investigation"
19means fact-gathering related to the current safety of a child
20and the risk of subsequent abuse or neglect that determines
21whether a report of suspected child abuse or neglect should be
22indicated or unfounded and whether child protective services
23are needed.
24    Under the "differential response program" implemented
25under 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 substantial
5    child abuse or neglect or a serious threat to the child's
6    safety exists.
7        (3) May conduct a family assessment for reports that do
8    not allege substantial child endangerment. In determining
9    that a family assessment is appropriate, the Department may
10    consider issues including, but not limited to, child
11    safety, parental cooperation, and the need for an immediate
12    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
20required, the Department must document the reason for
21terminating the investigation and notify the local law
22enforcement agency or the Department of State Police if the
23local law enforcement agency or Department of State Police is
24conducting a joint investigation.
25    Once it is determined that a "family assessment" will be
26implemented, the case shall not be reported to the central

 

 

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1register of abuse and neglect reports.
2    During a family assessment, the Department shall collect
3any available and relevant information to determine child
4safety, risk of subsequent abuse or neglect, and family
5strengths.
6    Information collected includes, but is not limited to, when
7relevant: information with regard to the person reporting the
8alleged abuse or neglect, including the nature of the
9reporter's relationship to the child and to the alleged
10offender, and the basis of the reporter's knowledge for the
11report; the child allegedly being abused or neglected; the
12alleged offender; the child's caretaker; and other collateral
13sources having relevant information related to the alleged
14abuse or neglect. Information relevant to the assessment must
15be 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 and
24    convictions. The alleged offender may submit supporting
25    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
16from collecting other relevant information necessary to
17conduct the assessment or investigation. Nothing in this
18subsection (a-5) shall be construed to allow the name or
19identity of a reporter to be disclosed in violation of the
20protections afforded under Section 7.19 of this Act.
21    After conducting the family assessment, the Department
22shall determine whether services are needed to address the
23safety of the child and other family members and the risk of
24subsequent abuse or neglect.
25    Upon completion of the family assessment, if the Department
26concludes that no services shall be offered, then the case

 

 

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1shall be closed. If the Department concludes that services
2shall be offered, the Department shall develop a family
3preservation plan and offer or refer services to the family.
4    At any time during a family assessment, if the Department
5believes there is any reason to stop the assessment and conduct
6an investigation based on the information discovered, the
7Department shall do so.
8    The procedures available to the Department in conducting
9investigations under this Act shall be followed as appropriate
10during a family assessment.
11    The Department shall arrange for an independent evaluation
12of the "differential response program" authorized and
13implemented under this subsection (a-5) to determine whether it
14is meeting the goals in accordance with Section 2 of this Act.
15The Department may adopt administrative rules necessary for the
16execution of this Section, in accordance with Section 4 of the
17Children and Family Services Act.
18    The demonstration conducted under this subsection (a-5)
19shall become a permanent program on July 1, 2016, upon
20completion of the demonstration project period.
21    (b)(1) The following procedures shall be followed in the
22investigation of all reports of suspected abuse or neglect of a
23child, except as provided in subsection (c) of this Section.
24    (2) If, during a family assessment authorized by subsection
25(a-5) or an investigation, it appears that the immediate safety
26or well-being of a child is endangered, that the family may

 

 

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1flee or the child disappear, or that the facts otherwise so
2warrant, the Child Protective Service Unit shall commence an
3investigation immediately, regardless of the time of day or
4night. All other investigations shall be commenced within 24
5hours of receipt of the report. Upon receipt of a report, the
6Child Protective Service Unit shall conduct a family assessment
7authorized by subsection (a-5) or begin an initial
8investigation and make an initial determination whether the
9report is a good faith indication of alleged child abuse or
10neglect.
11    (3) Based on an initial investigation, if the Unit
12determines the report is a good faith indication of alleged
13child abuse or neglect, then a formal investigation shall
14commence and, pursuant to Section 7.12 of this Act, may or may
15not result in an indicated report. The formal investigation
16shall include: direct contact with the subject or subjects of
17the report as soon as possible after the report is received; an
18evaluation of the environment of the child named in the report
19and any other children in the same environment; a determination
20of the risk to such children if they continue to remain in the
21existing environments, as well as a determination of the
22nature, extent and cause of any condition enumerated in such
23report; the name, age and condition of other children in the
24environment; and an evaluation as to whether there would be an
25immediate and urgent necessity to remove the child from the
26environment if appropriate family preservation services were

 

 

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1provided. After seeing to the safety of the child or children,
2the Department shall forthwith notify the subjects of the
3report in writing, of the existence of the report and their
4rights existing under this Act in regard to amendment or
5expungement. To fulfill the requirements of this Section, the
6Child Protective Service Unit shall have the capability of
7providing or arranging for comprehensive emergency services to
8children and families at all times of the day or night.
9    (4) If (i) at the conclusion of the Unit's initial
10investigation of a report, the Unit determines the report to be
11a good faith indication of alleged child abuse or neglect that
12warrants a formal investigation by the Unit, the Department,
13any law enforcement agency or any other responsible agency and
14(ii) the person who is alleged to have caused the abuse or
15neglect is employed or otherwise engaged in an activity
16resulting in frequent contact with children and the alleged
17abuse or neglect are in the course of such employment or
18activity, then the Department shall, except in investigations
19where the Director determines that such notification would be
20detrimental to the Department's investigation, inform the
21appropriate supervisor or administrator of that employment or
22activity that the Unit has commenced a formal investigation
23pursuant to this Act, which may or may not result in an
24indicated report. The Department shall also notify the person
25being investigated, unless the Director determines that such
26notification would be detrimental to the Department's

 

 

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1investigation.
2    (c) In an investigation of a report of suspected abuse or
3neglect of a child by a school employee at a school or on
4school grounds, the Department shall make reasonable efforts to
5follow the following procedures:
6        (1) Investigations involving teachers shall not, to
7    the extent possible, be conducted when the teacher is
8    scheduled to conduct classes. Investigations involving
9    other school employees shall be conducted so as to minimize
10    disruption of the school day. The school employee accused
11    of child abuse or neglect may have his superior, his
12    association or union representative and his attorney
13    present at any interview or meeting at which the teacher or
14    administrator is present. The accused school employee
15    shall be informed by a representative of the Department, at
16    any interview or meeting, of the accused school employee's
17    due process rights and of the steps in the investigation
18    process. The information shall include, but need not
19    necessarily be limited to the right, subject to the
20    approval of the Department, of the school employee to
21    confront the accuser, if the accuser is 14 years of age or
22    older, or the right to review the specific allegations
23    which gave rise to the investigation, and the right to
24    review all materials and evidence that have been submitted
25    to the Department in support of the allegation. These due
26    process rights shall also include the right of the school

 

 

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1    employee to present countervailing evidence regarding the
2    accusations.
3        (2) If a report of neglect or abuse of a child by a
4    teacher or administrator does not involve allegations of
5    sexual abuse or extreme physical abuse, the Child
6    Protective Service Unit shall make reasonable efforts to
7    conduct the initial investigation in coordination with the
8    employee's supervisor.
9        If the Unit determines that the report is a good faith
10    indication of potential child abuse or neglect, it shall
11    then commence a formal investigation under paragraph (3) of
12    subsection (b) of this Section.
13        (3) If a report of neglect or abuse of a child by a
14    teacher or administrator involves an allegation of sexual
15    abuse or extreme physical abuse, the Child Protective Unit
16    shall commence an investigation under paragraph (2) of
17    subsection (b) of this Section.
18    (c-5) In any instance in which a report is made or caused
19to made by a school district employee involving the conduct of
20a person employed by the school district, at the time the
21report was made, as required under Section 4 of this Act, the
22Child Protective Service Unit shall send a copy of its final
23finding report to the general superintendent of that school
24district.
25    (c-10) The Department may recommend that a school district
26remove a school employee who is the subject of an investigation

 

 

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1from his or her employment position pending the outcome of the
2investigation; however, all employment decisions regarding
3school personnel shall be the sole responsibility of the school
4district or employer. The Department may not require a school
5district to remove a school employee from his or her employment
6position or limit the school employee's duties pending the
7outcome of an investigation.
8    (d) If the Department has contact with an employer, or with
9a religious institution or religious official having
10supervisory or hierarchical authority over a member of the
11clergy accused of the abuse of a child, in the course of its
12investigation, the Department shall notify the employer or the
13religious institution or religious official, in writing, when a
14report is unfounded so that any record of the investigation can
15be expunged from the employee's or member of the clergy's
16personnel or other records. The Department shall also notify
17the employee or the member of the clergy, in writing, that
18notification has been sent to the employer or to the
19appropriate religious institution or religious official
20informing the employer or religious institution or religious
21official that the Department's investigation has resulted in an
22unfounded report.
23    (e) Upon request by the Department, the Department of State
24Police and law enforcement agencies are authorized to provide
25criminal history record information as defined in the Illinois
26Uniform Conviction Information Act and information maintained

 

 

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1in the adjudicatory and dispositional record system as defined
2in Section 2605-355 of the Department of State Police Law (20
3ILCS 2605/2605-355) to properly designated employees of the
4Department of Children and Family Services if the Department
5determines the information is necessary to perform its duties
6under the Abused and Neglected Child Reporting Act, the Child
7Care Act of 1969, and the Children and Family Services Act. The
8request shall be in the form and manner required by the
9Department of State Police. Any information obtained by the
10Department of Children and Family Services under this Section
11is confidential and may not be transmitted outside the
12Department of Children and Family Services other than to a
13court of competent jurisdiction or unless otherwise authorized
14by law. Any employee of the Department of Children and Family
15Services who transmits confidential information in violation
16of this Section or causes the information to be transmitted in
17violation of this Section is guilty of a Class A misdemeanor
18unless the transmittal of the information is authorized by this
19Section or otherwise authorized by law.
20    (f) For purposes of this Section "child abuse or neglect"
21includes abuse or neglect of an adult resident as defined in
22this Act.
23(Source: P.A. 98-1141, eff. 12-30-14.)".