100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4144

 

Introduced , by Rep. Jehan Gordon-Booth

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/5  from Ch. 23, par. 5005
325 ILCS 5/3  from Ch. 23, par. 2053
325 ILCS 5/4
325 ILCS 5/5.1 new

    Amends the Children and Family Services Act and the Abused and Neglected Child Reporting Act. Provides that the Department of Children and Family Services may not remove a child from the child's home and take custody of that child solely on the basis that the child's parent, guardian, or custodian is or has been a victim of domestic violence. Provides that a child shall not be considered neglected or abused for the sole reason that the child's parent, guardian, or custodian is or has been a victim of domestic violence.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4144LRB100 14901 KTG 29726 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. The Children and Family Services Act is amended
5by changing Section 5 as follows:
 
6    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
7    Sec. 5. Direct child welfare services; Department of
8Children and Family Services. To provide direct child welfare
9services when not available through other public or private
10child care or program facilities.
11    (a) For purposes of this Section:
12        (1) "Children" means persons found within the State who
13    are under the age of 18 years. The term also includes
14    persons under age 21 who:
15            (A) were committed to the Department pursuant to
16        the Juvenile Court Act or the Juvenile Court Act of
17        1987, as amended, prior to the age of 18 and who
18        continue under the jurisdiction of the court; or
19            (B) were accepted for care, service and training by
20        the Department prior to the age of 18 and whose best
21        interest in the discretion of the Department would be
22        served by continuing that care, service and training
23        because of severe emotional disturbances, physical

 

 

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1        disability, social adjustment or any combination
2        thereof, or because of the need to complete an
3        educational or vocational training program.
4        (2) "Homeless youth" means persons found within the
5    State who are under the age of 19, are not in a safe and
6    stable living situation and cannot be reunited with their
7    families.
8        (3) "Child welfare services" means public social
9    services which are directed toward the accomplishment of
10    the following purposes:
11            (A) protecting and promoting the health, safety
12        and welfare of children, including homeless, dependent
13        or neglected children;
14            (B) remedying, or assisting in the solution of
15        problems which may result in, the neglect, abuse,
16        exploitation or delinquency of children;
17            (C) preventing the unnecessary separation of
18        children from their families by identifying family
19        problems, assisting families in resolving their
20        problems, and preventing the breakup of the family
21        where the prevention of child removal is desirable and
22        possible when the child can be cared for at home
23        without endangering the child's health and safety;
24            (D) restoring to their families children who have
25        been removed, by the provision of services to the child
26        and the families when the child can be cared for at

 

 

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1        home without endangering the child's health and
2        safety;
3            (E) placing children in suitable adoptive homes,
4        in cases where restoration to the biological family is
5        not safe, possible or appropriate;
6            (F) assuring safe and adequate care of children
7        away from their homes, in cases where the child cannot
8        be returned home or cannot be placed for adoption. At
9        the time of placement, the Department shall consider
10        concurrent planning, as described in subsection (l-1)
11        of this Section so that permanency may occur at the
12        earliest opportunity. Consideration should be given so
13        that if reunification fails or is delayed, the
14        placement made is the best available placement to
15        provide permanency for the child;
16            (G) (blank);
17            (H) (blank); and
18            (I) placing and maintaining children in facilities
19        that provide separate living quarters for children
20        under the age of 18 and for children 18 years of age
21        and older, unless a child 18 years of age is in the
22        last year of high school education or vocational
23        training, in an approved individual or group treatment
24        program, in a licensed shelter facility, or secure
25        child care facility. The Department is not required to
26        place or maintain children:

 

 

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1                (i) who are in a foster home, or
2                (ii) who are persons with a developmental
3            disability, as defined in the Mental Health and
4            Developmental Disabilities Code, or
5                (iii) who are female children who are
6            pregnant, pregnant and parenting or parenting, or
7                (iv) who are siblings, in facilities that
8            provide separate living quarters for children 18
9            years of age and older and for children under 18
10            years of age.
11    (b) Nothing in this Section shall be construed to authorize
12the expenditure of public funds for the purpose of performing
13abortions.
14    (c) The Department shall establish and maintain
15tax-supported child welfare services and extend and seek to
16improve voluntary services throughout the State, to the end
17that services and care shall be available on an equal basis
18throughout the State to children requiring such services.
19    (d) The Director may authorize advance disbursements for
20any new program initiative to any agency contracting with the
21Department. As a prerequisite for an advance disbursement, the
22contractor must post a surety bond in the amount of the advance
23disbursement and have a purchase of service contract approved
24by the Department. The Department may pay up to 2 months
25operational expenses in advance. The amount of the advance
26disbursement shall be prorated over the life of the contract or

 

 

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1the remaining months of the fiscal year, whichever is less, and
2the installment amount shall then be deducted from future
3bills. Advance disbursement authorizations for new initiatives
4shall not be made to any agency after that agency has operated
5during 2 consecutive fiscal years. The requirements of this
6Section concerning advance disbursements shall not apply with
7respect to the following: payments to local public agencies for
8child day care services as authorized by Section 5a of this
9Act; and youth service programs receiving grant funds under
10Section 17a-4.
11    (e) (Blank).
12    (f) (Blank).
13    (g) The Department shall establish rules and regulations
14concerning its operation of programs designed to meet the goals
15of child safety and protection, family preservation, family
16reunification, and adoption, including but not limited to:
17        (1) adoption;
18        (2) foster care;
19        (3) family counseling;
20        (4) protective services;
21        (5) (blank);
22        (6) homemaker service;
23        (7) return of runaway children;
24        (8) (blank);
25        (9) placement under Section 5-7 of the Juvenile Court
26    Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile

 

 

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1    Court Act of 1987 in accordance with the federal Adoption
2    Assistance and Child Welfare Act of 1980; and
3        (10) interstate services.
4    Rules and regulations established by the Department shall
5include provisions for training Department staff and the staff
6of Department grantees, through contracts with other agencies
7or resources, in alcohol and drug abuse screening techniques
8approved by the Department of Human Services, as a successor to
9the Department of Alcoholism and Substance Abuse, for the
10purpose of identifying children and adults who should be
11referred to an alcohol and drug abuse treatment program for
12professional evaluation.
13    (h) If the Department finds that there is no appropriate
14program or facility within or available to the Department for a
15ward and that no licensed private facility has an adequate and
16appropriate program or none agrees to accept the ward, the
17Department shall create an appropriate individualized,
18program-oriented plan for such ward. The plan may be developed
19within the Department or through purchase of services by the
20Department to the extent that it is within its statutory
21authority to do.
22    (i) Service programs shall be available throughout the
23State and shall include but not be limited to the following
24services:
25        (1) case management;
26        (2) homemakers;

 

 

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1        (3) counseling;
2        (4) parent education;
3        (5) day care; and
4        (6) emergency assistance and advocacy.
5    In addition, the following services may be made available
6to assess and meet the needs of children and families:
7        (1) comprehensive family-based services;
8        (2) assessments;
9        (3) respite care; and
10        (4) in-home health services.
11    The Department shall provide transportation for any of the
12services it makes available to children or families or for
13which it refers children or families.
14    (j) The Department may provide categories of financial
15assistance and education assistance grants, and shall
16establish rules and regulations concerning the assistance and
17grants, to persons who adopt children with physical or mental
18disabilities, children who are older, or other hard-to-place
19children who (i) immediately prior to their adoption were legal
20wards of the Department or (ii) were determined eligible for
21financial assistance with respect to a prior adoption and who
22become available for adoption because the prior adoption has
23been dissolved and the parental rights of the adoptive parents
24have been terminated or because the child's adoptive parents
25have died. The Department may continue to provide financial
26assistance and education assistance grants for a child who was

 

 

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1determined eligible for financial assistance under this
2subsection (j) in the interim period beginning when the child's
3adoptive parents died and ending with the finalization of the
4new adoption of the child by another adoptive parent or
5parents. The Department may also provide categories of
6financial assistance and education assistance grants, and
7shall establish rules and regulations for the assistance and
8grants, to persons appointed guardian of the person under
9Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
104-25 or 5-740 of the Juvenile Court Act of 1987 for children
11who were wards of the Department for 12 months immediately
12prior to the appointment of the guardian.
13    The amount of assistance may vary, depending upon the needs
14of the child and the adoptive parents, as set forth in the
15annual assistance agreement. Special purpose grants are
16allowed where the child requires special service but such costs
17may not exceed the amounts which similar services would cost
18the Department if it were to provide or secure them as guardian
19of the child.
20    Any financial assistance provided under this subsection is
21inalienable by assignment, sale, execution, attachment,
22garnishment, or any other remedy for recovery or collection of
23a judgment or debt.
24    (j-5) The Department shall not deny or delay the placement
25of a child for adoption if an approved family is available
26either outside of the Department region handling the case, or

 

 

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1outside of the State of Illinois.
2    (k) The Department shall accept for care and training any
3child who has been adjudicated neglected or abused, or
4dependent committed to it pursuant to the Juvenile Court Act or
5the Juvenile Court Act of 1987.
6    (l) The Department shall offer family preservation
7services, as defined in Section 8.2 of the Abused and Neglected
8Child Reporting Act, to help families, including adoptive and
9extended families. Family preservation services shall be
10offered (i) to prevent the placement of children in substitute
11care when the children can be cared for at home or in the
12custody of the person responsible for the children's welfare,
13(ii) to reunite children with their families, or (iii) to
14maintain an adoptive placement. Family preservation services
15shall only be offered when doing so will not endanger the
16children's health or safety. With respect to children who are
17in substitute care pursuant to the Juvenile Court Act of 1987,
18family preservation services shall not be offered if a goal
19other than those of subdivisions (A), (B), or (B-1) of
20subsection (2) of Section 2-28 of that Act has been set.
21Nothing in this paragraph shall be construed to create a
22private right of action or claim on the part of any individual
23or child welfare agency, except that when a child is the
24subject of an action under Article II of the Juvenile Court Act
25of 1987 and the child's service plan calls for services to
26facilitate achievement of the permanency goal, the court

 

 

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1hearing the action under Article II of the Juvenile Court Act
2of 1987 may order the Department to provide the services set
3out in the plan, if those services are not provided with
4reasonable promptness and if those services are available.
5    The Department shall notify the child and his family of the
6Department's responsibility to offer and provide family
7preservation services as identified in the service plan. The
8child and his family shall be eligible for services as soon as
9the report is determined to be "indicated". The Department may
10offer services to any child or family with respect to whom a
11report of suspected child abuse or neglect has been filed,
12prior to concluding its investigation under Section 7.12 of the
13Abused and Neglected Child Reporting Act. However, the child's
14or family's willingness to accept services shall not be
15considered in the investigation. The Department may also
16provide services to any child or family who is the subject of
17any report of suspected child abuse or neglect or may refer
18such child or family to services available from other agencies
19in the community, even if the report is determined to be
20unfounded, if the conditions in the child's or family's home
21are reasonably likely to subject the child or family to future
22reports of suspected child abuse or neglect. Acceptance of such
23services shall be voluntary. The Department may also provide
24services to any child or family after completion of a family
25assessment, as an alternative to an investigation, as provided
26under the "differential response program" provided for in

 

 

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1subsection (a-5) of Section 7.4 of the Abused and Neglected
2Child Reporting Act.
3    The Department may, at its discretion except for those
4children also adjudicated neglected or dependent, accept for
5care and training any child who has been adjudicated addicted,
6as a truant minor in need of supervision or as a minor
7requiring authoritative intervention, under the Juvenile Court
8Act or the Juvenile Court Act of 1987, but no such child shall
9be committed to the Department by any court without the
10approval of the Department. On and after the effective date of
11this amendatory Act of the 98th General Assembly and before
12January 1, 2017, a minor charged with a criminal offense under
13the Criminal Code of 1961 or the Criminal Code of 2012 or
14adjudicated delinquent shall not be placed in the custody of or
15committed to the Department by any court, except (i) a minor
16less than 16 years of age committed to the Department under
17Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
18for whom an independent basis of abuse, neglect, or dependency
19exists, which must be defined by departmental rule, or (iii) a
20minor for whom the court has granted a supplemental petition to
21reinstate wardship pursuant to subsection (2) of Section 2-33
22of the Juvenile Court Act of 1987. On and after January 1,
232017, a minor charged with a criminal offense under the
24Criminal Code of 1961 or the Criminal Code of 2012 or
25adjudicated delinquent shall not be placed in the custody of or
26committed to the Department by any court, except (i) a minor

 

 

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1less than 15 years of age committed to the Department under
2Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
3for whom an independent basis of abuse, neglect, or dependency
4exists, which must be defined by departmental rule, or (iii) a
5minor for whom the court has granted a supplemental petition to
6reinstate wardship pursuant to subsection (2) of Section 2-33
7of the Juvenile Court Act of 1987. An independent basis exists
8when the allegations or adjudication of abuse, neglect, or
9dependency do not arise from the same facts, incident, or
10circumstances which give rise to a charge or adjudication of
11delinquency.
12    As soon as is possible after August 7, 2009 (the effective
13date of Public Act 96-134), the Department shall develop and
14implement a special program of family preservation services to
15support intact, foster, and adoptive families who are
16experiencing extreme hardships due to the difficulty and stress
17of caring for a child who has been diagnosed with a pervasive
18developmental disorder if the Department determines that those
19services are necessary to ensure the health and safety of the
20child. The Department may offer services to any family whether
21or not a report has been filed under the Abused and Neglected
22Child Reporting Act. The Department may refer the child or
23family to services available from other agencies in the
24community if the conditions in the child's or family's home are
25reasonably likely to subject the child or family to future
26reports of suspected child abuse or neglect. Acceptance of

 

 

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1these services shall be voluntary. The Department shall develop
2and implement a public information campaign to alert health and
3social service providers and the general public about these
4special family preservation services. The nature and scope of
5the services offered and the number of families served under
6the special program implemented under this paragraph shall be
7determined by the level of funding that the Department annually
8allocates for this purpose. The term "pervasive developmental
9disorder" under this paragraph means a neurological condition,
10including but not limited to, Asperger's Syndrome and autism,
11as defined in the most recent edition of the Diagnostic and
12Statistical Manual of Mental Disorders of the American
13Psychiatric Association.
14    (l-1) The legislature recognizes that the best interests of
15the child require that the child be placed in the most
16permanent living arrangement as soon as is practically
17possible. To achieve this goal, the legislature directs the
18Department of Children and Family Services to conduct
19concurrent planning so that permanency may occur at the
20earliest opportunity. Permanent living arrangements may
21include prevention of placement of a child outside the home of
22the family when the child can be cared for at home without
23endangering the child's health or safety; reunification with
24the family, when safe and appropriate, if temporary placement
25is necessary; or movement of the child toward the most
26permanent living arrangement and permanent legal status.

 

 

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1    When determining reasonable efforts to be made with respect
2to a child, as described in this subsection, and in making such
3reasonable efforts, the child's health and safety shall be the
4paramount concern.
5    When a child is placed in foster care, the Department shall
6ensure and document that reasonable efforts were made to
7prevent or eliminate the need to remove the child from the
8child's home. The Department must make reasonable efforts to
9reunify the family when temporary placement of the child occurs
10unless otherwise required, pursuant to the Juvenile Court Act
11of 1987. At any time after the dispositional hearing where the
12Department believes that further reunification services would
13be ineffective, it may request a finding from the court that
14reasonable efforts are no longer appropriate. The Department is
15not required to provide further reunification services after
16such a finding.
17    A decision to place a child in substitute care shall be
18made with considerations of the child's health, safety, and
19best interests. At the time of placement, consideration should
20also be given so that if reunification fails or is delayed, the
21placement made is the best available placement to provide
22permanency for the child.
23    The Department shall adopt rules addressing concurrent
24planning for reunification and permanency. The Department
25shall consider the following factors when determining
26appropriateness of concurrent planning:

 

 

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1        (1) the likelihood of prompt reunification;
2        (2) the past history of the family;
3        (3) the barriers to reunification being addressed by
4    the family;
5        (4) the level of cooperation of the family;
6        (5) the foster parents' willingness to work with the
7    family to reunite;
8        (6) the willingness and ability of the foster family to
9    provide an adoptive home or long-term placement;
10        (7) the age of the child;
11        (8) placement of siblings.
12    (m) The Department may assume temporary custody of any
13child if:
14        (1) it has received a written consent to such temporary
15    custody signed by the parents of the child or by the parent
16    having custody of the child if the parents are not living
17    together or by the guardian or custodian of the child if
18    the child is not in the custody of either parent, or
19        (2) the child is found in the State and neither a
20    parent, guardian nor custodian of the child can be located.
21If the child is found in his or her residence without a parent,
22guardian, custodian or responsible caretaker, the Department
23may, instead of removing the child and assuming temporary
24custody, place an authorized representative of the Department
25in that residence until such time as a parent, guardian or
26custodian enters the home and expresses a willingness and

 

 

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1apparent ability to ensure the child's health and safety and
2resume permanent charge of the child, or until a relative
3enters the home and is willing and able to ensure the child's
4health and safety and assume charge of the child until a
5parent, guardian or custodian enters the home and expresses
6such willingness and ability to ensure the child's safety and
7resume permanent charge. After a caretaker has remained in the
8home for a period not to exceed 12 hours, the Department must
9follow those procedures outlined in Section 2-9, 3-11, 4-8, or
105-415 of the Juvenile Court Act of 1987.
11    The Department shall have the authority, responsibilities
12and duties that a legal custodian of the child would have
13pursuant to subsection (9) of Section 1-3 of the Juvenile Court
14Act of 1987. Whenever a child is taken into temporary custody
15pursuant to an investigation under the Abused and Neglected
16Child Reporting Act, or pursuant to a referral and acceptance
17under the Juvenile Court Act of 1987 of a minor in limited
18custody, the Department, during the period of temporary custody
19and before the child is brought before a judicial officer as
20required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
21Court Act of 1987, shall have the authority, responsibilities
22and duties that a legal custodian of the child would have under
23subsection (9) of Section 1-3 of the Juvenile Court Act of
241987.
25    The Department shall ensure that any child taken into
26custody is scheduled for an appointment for a medical

 

 

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1examination.
2    A parent, guardian or custodian of a child in the temporary
3custody of the Department who would have custody of the child
4if he were not in the temporary custody of the Department may
5deliver to the Department a signed request that the Department
6surrender the temporary custody of the child. The Department
7may retain temporary custody of the child for 10 days after the
8receipt of the request, during which period the Department may
9cause to be filed a petition pursuant to the Juvenile Court Act
10of 1987. If a petition is so filed, the Department shall retain
11temporary custody of the child until the court orders
12otherwise. If a petition is not filed within the 10 day period,
13the child shall be surrendered to the custody of the requesting
14parent, guardian or custodian not later than the expiration of
15the 10 day period, at which time the authority and duties of
16the Department with respect to the temporary custody of the
17child shall terminate.
18    (m-1) The Department may place children under 18 years of
19age in a secure child care facility licensed by the Department
20that cares for children who are in need of secure living
21arrangements for their health, safety, and well-being after a
22determination is made by the facility director and the Director
23or the Director's designate prior to admission to the facility
24subject to Section 2-27.1 of the Juvenile Court Act of 1987.
25This subsection (m-1) does not apply to a child who is subject
26to placement in a correctional facility operated pursuant to

 

 

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1Section 3-15-2 of the Unified Code of Corrections, unless the
2child is a ward who was placed under the care of the Department
3before being subject to placement in a correctional facility
4and a court of competent jurisdiction has ordered placement of
5the child in a secure care facility.
6    (n) The Department may place children under 18 years of age
7in licensed child care facilities when in the opinion of the
8Department, appropriate services aimed at family preservation
9have been unsuccessful and cannot ensure the child's health and
10safety or are unavailable and such placement would be for their
11best interest. Payment for board, clothing, care, training and
12supervision of any child placed in a licensed child care
13facility may be made by the Department, by the parents or
14guardians of the estates of those children, or by both the
15Department and the parents or guardians, except that no
16payments shall be made by the Department for any child placed
17in a licensed child care facility for board, clothing, care,
18training and supervision of such a child that exceed the
19average per capita cost of maintaining and of caring for a
20child in institutions for dependent or neglected children
21operated by the Department. However, such restriction on
22payments does not apply in cases where children require
23specialized care and treatment for problems of severe emotional
24disturbance, physical disability, social adjustment, or any
25combination thereof and suitable facilities for the placement
26of such children are not available at payment rates within the

 

 

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1limitations set forth in this Section. All reimbursements for
2services delivered shall be absolutely inalienable by
3assignment, sale, attachment, garnishment or otherwise.
4    (n-1) The Department shall provide or authorize child
5welfare services, aimed at assisting minors to achieve
6sustainable self-sufficiency as independent adults, for any
7minor eligible for the reinstatement of wardship pursuant to
8subsection (2) of Section 2-33 of the Juvenile Court Act of
91987, whether or not such reinstatement is sought or allowed,
10provided that the minor consents to such services and has not
11yet attained the age of 21. The Department shall have
12responsibility for the development and delivery of services
13under this Section. An eligible youth may access services under
14this Section through the Department of Children and Family
15Services or by referral from the Department of Human Services.
16Youth participating in services under this Section shall
17cooperate with the assigned case manager in developing an
18agreement identifying the services to be provided and how the
19youth will increase skills to achieve self-sufficiency. A
20homeless shelter is not considered appropriate housing for any
21youth receiving child welfare services under this Section. The
22Department shall continue child welfare services under this
23Section to any eligible minor until the minor becomes 21 years
24of age, no longer consents to participate, or achieves
25self-sufficiency as identified in the minor's service plan. The
26Department of Children and Family Services shall create clear,

 

 

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1readable notice of the rights of former foster youth to child
2welfare services under this Section and how such services may
3be obtained. The Department of Children and Family Services and
4the Department of Human Services shall disseminate this
5information statewide. The Department shall adopt regulations
6describing services intended to assist minors in achieving
7sustainable self-sufficiency as independent adults.
8    (o) The Department shall establish an administrative
9review and appeal process for children and families who request
10or receive child welfare services from the Department. Children
11who are wards of the Department and are placed by private child
12welfare agencies, and foster families with whom those children
13are placed, shall be afforded the same procedural and appeal
14rights as children and families in the case of placement by the
15Department, including the right to an initial review of a
16private agency decision by that agency. The Department shall
17insure that any private child welfare agency, which accepts
18wards of the Department for placement, affords those rights to
19children and foster families. The Department shall accept for
20administrative review and an appeal hearing a complaint made by
21(i) a child or foster family concerning a decision following an
22initial review by a private child welfare agency or (ii) a
23prospective adoptive parent who alleges a violation of
24subsection (j-5) of this Section. An appeal of a decision
25concerning a change in the placement of a child shall be
26conducted in an expedited manner. A court determination that a

 

 

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1current foster home placement is necessary and appropriate
2under Section 2-28 of the Juvenile Court Act of 1987 does not
3constitute a judicial determination on the merits of an
4administrative appeal, filed by a former foster parent,
5involving a change of placement decision.
6    (p) (Blank).
7    (q) The Department may receive and use, in their entirety,
8for the benefit of children any gift, donation or bequest of
9money or other property which is received on behalf of such
10children, or any financial benefits to which such children are
11or may become entitled while under the jurisdiction or care of
12the Department.
13    The Department shall set up and administer no-cost,
14interest-bearing accounts in appropriate financial
15institutions for children for whom the Department is legally
16responsible and who have been determined eligible for Veterans'
17Benefits, Social Security benefits, assistance allotments from
18the armed forces, court ordered payments, parental voluntary
19payments, Supplemental Security Income, Railroad Retirement
20payments, Black Lung benefits, or other miscellaneous
21payments. Interest earned by each account shall be credited to
22the account, unless disbursed in accordance with this
23subsection.
24    In disbursing funds from children's accounts, the
25Department shall:
26        (1) Establish standards in accordance with State and

 

 

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1    federal laws for disbursing money from children's
2    accounts. In all circumstances, the Department's
3    "Guardianship Administrator" or his or her designee must
4    approve disbursements from children's accounts. The
5    Department shall be responsible for keeping complete
6    records of all disbursements for each account for any
7    purpose.
8        (2) Calculate on a monthly basis the amounts paid from
9    State funds for the child's board and care, medical care
10    not covered under Medicaid, and social services; and
11    utilize funds from the child's account, as covered by
12    regulation, to reimburse those costs. Monthly,
13    disbursements from all children's accounts, up to 1/12 of
14    $13,000,000, shall be deposited by the Department into the
15    General Revenue Fund and the balance over 1/12 of
16    $13,000,000 into the DCFS Children's Services Fund.
17        (3) Maintain any balance remaining after reimbursing
18    for the child's costs of care, as specified in item (2).
19    The balance shall accumulate in accordance with relevant
20    State and federal laws and shall be disbursed to the child
21    or his or her guardian, or to the issuing agency.
22    (r) The Department shall promulgate regulations
23encouraging all adoption agencies to voluntarily forward to the
24Department or its agent names and addresses of all persons who
25have applied for and have been approved for adoption of a
26hard-to-place child or child with a disability and the names of

 

 

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1such children who have not been placed for adoption. A list of
2such names and addresses shall be maintained by the Department
3or its agent, and coded lists which maintain the
4confidentiality of the person seeking to adopt the child and of
5the child shall be made available, without charge, to every
6adoption agency in the State to assist the agencies in placing
7such children for adoption. The Department may delegate to an
8agent its duty to maintain and make available such lists. The
9Department shall ensure that such agent maintains the
10confidentiality of the person seeking to adopt the child and of
11the child.
12    (s) The Department of Children and Family Services may
13establish and implement a program to reimburse Department and
14private child welfare agency foster parents licensed by the
15Department of Children and Family Services for damages
16sustained by the foster parents as a result of the malicious or
17negligent acts of foster children, as well as providing third
18party coverage for such foster parents with regard to actions
19of foster children to other individuals. Such coverage will be
20secondary to the foster parent liability insurance policy, if
21applicable. The program shall be funded through appropriations
22from the General Revenue Fund, specifically designated for such
23purposes.
24    (t) The Department shall perform home studies and
25investigations and shall exercise supervision over visitation
26as ordered by a court pursuant to the Illinois Marriage and

 

 

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1Dissolution of Marriage Act or the Adoption Act only if:
2        (1) an order entered by an Illinois court specifically
3    directs the Department to perform such services; and
4        (2) the court has ordered one or both of the parties to
5    the proceeding to reimburse the Department for its
6    reasonable costs for providing such services in accordance
7    with Department rules, or has determined that neither party
8    is financially able to pay.
9    The Department shall provide written notification to the
10court of the specific arrangements for supervised visitation
11and projected monthly costs within 60 days of the court order.
12The Department shall send to the court information related to
13the costs incurred except in cases where the court has
14determined the parties are financially unable to pay. The court
15may order additional periodic reports as appropriate.
16    (u) In addition to other information that must be provided,
17whenever the Department places a child with a prospective
18adoptive parent or parents or in a licensed foster home, group
19home, child care institution, or in a relative home, the
20Department shall provide to the prospective adoptive parent or
21parents or other caretaker:
22        (1) available detailed information concerning the
23    child's educational and health history, copies of
24    immunization records (including insurance and medical card
25    information), a history of the child's previous
26    placements, if any, and reasons for placement changes

 

 

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1    excluding any information that identifies or reveals the
2    location of any previous caretaker;
3        (2) a copy of the child's portion of the client service
4    plan, including any visitation arrangement, and all
5    amendments or revisions to it as related to the child; and
6        (3) information containing details of the child's
7    individualized educational plan when the child is
8    receiving special education services.
9    The caretaker shall be informed of any known social or
10behavioral information (including, but not limited to,
11criminal background, fire setting, perpetuation of sexual
12abuse, destructive behavior, and substance abuse) necessary to
13care for and safeguard the children to be placed or currently
14in the home. The Department may prepare a written summary of
15the information required by this paragraph, which may be
16provided to the foster or prospective adoptive parent in
17advance of a placement. The foster or prospective adoptive
18parent may review the supporting documents in the child's file
19in the presence of casework staff. In the case of an emergency
20placement, casework staff shall at least provide known
21information verbally, if necessary, and must subsequently
22provide the information in writing as required by this
23subsection.
24    The information described in this subsection shall be
25provided in writing. In the case of emergency placements when
26time does not allow prior review, preparation, and collection

 

 

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1of written information, the Department shall provide such
2information as it becomes available. Within 10 business days
3after placement, the Department shall obtain from the
4prospective adoptive parent or parents or other caretaker a
5signed verification of receipt of the information provided.
6Within 10 business days after placement, the Department shall
7provide to the child's guardian ad litem a copy of the
8information provided to the prospective adoptive parent or
9parents or other caretaker. The information provided to the
10prospective adoptive parent or parents or other caretaker shall
11be reviewed and approved regarding accuracy at the supervisory
12level.
13    (u-5) Effective July 1, 1995, only foster care placements
14licensed as foster family homes pursuant to the Child Care Act
15of 1969 shall be eligible to receive foster care payments from
16the Department. Relative caregivers who, as of July 1, 1995,
17were approved pursuant to approved relative placement rules
18previously promulgated by the Department at 89 Ill. Adm. Code
19335 and had submitted an application for licensure as a foster
20family home may continue to receive foster care payments only
21until the Department determines that they may be licensed as a
22foster family home or that their application for licensure is
23denied or until September 30, 1995, whichever occurs first.
24    (v) The Department shall access criminal history record
25information as defined in the Illinois Uniform Conviction
26Information Act and information maintained in the adjudicatory

 

 

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1and dispositional record system as defined in Section 2605-355
2of the Department of State Police Law (20 ILCS 2605/2605-355)
3if the Department determines the information is necessary to
4perform its duties under the Abused and Neglected Child
5Reporting Act, the Child Care Act of 1969, and the Children and
6Family Services Act. The Department shall provide for
7interactive computerized communication and processing
8equipment that permits direct on-line communication with the
9Department of State Police's central criminal history data
10repository. The Department shall comply with all certification
11requirements and provide certified operators who have been
12trained by personnel from the Department of State Police. In
13addition, one Office of the Inspector General investigator
14shall have training in the use of the criminal history
15information access system and have access to the terminal. The
16Department of Children and Family Services and its employees
17shall abide by rules and regulations established by the
18Department of State Police relating to the access and
19dissemination of this information.
20    (v-1) Prior to final approval for placement of a child, the
21Department shall conduct a criminal records background check of
22the prospective foster or adoptive parent, including
23fingerprint-based checks of national crime information
24databases. Final approval for placement shall not be granted if
25the record check reveals a felony conviction for child abuse or
26neglect, for spousal abuse, for a crime against children, or

 

 

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1for a crime involving violence, including rape, sexual assault,
2or homicide, but not including other physical assault or
3battery, or if there is a felony conviction for physical
4assault, battery, or a drug-related offense committed within
5the past 5 years.
6    (v-2) Prior to final approval for placement of a child, the
7Department shall check its child abuse and neglect registry for
8information concerning prospective foster and adoptive
9parents, and any adult living in the home. If any prospective
10foster or adoptive parent or other adult living in the home has
11resided in another state in the preceding 5 years, the
12Department shall request a check of that other state's child
13abuse and neglect registry.
14    (w) Within 120 days of August 20, 1995 (the effective date
15of Public Act 89-392), the Department shall prepare and submit
16to the Governor and the General Assembly, a written plan for
17the development of in-state licensed secure child care
18facilities that care for children who are in need of secure
19living arrangements for their health, safety, and well-being.
20For purposes of this subsection, secure care facility shall
21mean a facility that is designed and operated to ensure that
22all entrances and exits from the facility, a building or a
23distinct part of the building, are under the exclusive control
24of the staff of the facility, whether or not the child has the
25freedom of movement within the perimeter of the facility,
26building, or distinct part of the building. The plan shall

 

 

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1include descriptions of the types of facilities that are needed
2in Illinois; the cost of developing these secure care
3facilities; the estimated number of placements; the potential
4cost savings resulting from the movement of children currently
5out-of-state who are projected to be returned to Illinois; the
6necessary geographic distribution of these facilities in
7Illinois; and a proposed timetable for development of such
8facilities.
9    (x) The Department shall conduct annual credit history
10checks to determine the financial history of children placed
11under its guardianship pursuant to the Juvenile Court Act of
121987. The Department shall conduct such credit checks starting
13when a ward turns 12 years old and each year thereafter for the
14duration of the guardianship as terminated pursuant to the
15Juvenile Court Act of 1987. The Department shall determine if
16financial exploitation of the child's personal information has
17occurred. If financial exploitation appears to have taken place
18or is presently ongoing, the Department shall notify the proper
19law enforcement agency, the proper State's Attorney, or the
20Attorney General.
21    (y) Beginning on the effective date of this amendatory Act
22of the 96th General Assembly, a child with a disability who
23receives residential and educational services from the
24Department shall be eligible to receive transition services in
25accordance with Article 14 of the School Code from the age of
2614.5 through age 21, inclusive, notwithstanding the child's

 

 

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1residential services arrangement. For purposes of this
2subsection, "child with a disability" means a child with a
3disability as defined by the federal Individuals with
4Disabilities Education Improvement Act of 2004.
5    (y-5) Notwithstanding any other provision of this Act to
6the contrary, the Department may not remove a child from the
7child's home and take custody of that child solely on the basis
8that the child's parent, guardian, or custodian is or has been
9a victim of domestic violence.
10    (z) The Department shall access criminal history record
11information as defined as "background information" in this
12subsection and criminal history record information as defined
13in the Illinois Uniform Conviction Information Act for each
14Department employee or Department applicant. Each Department
15employee or Department applicant shall submit his or her
16fingerprints to the Department of State Police in the form and
17manner prescribed by the Department of State Police. These
18fingerprints shall be checked against the fingerprint records
19now and hereafter filed in the Department of State Police and
20the Federal Bureau of Investigation criminal history records
21databases. The Department of State Police shall charge a fee
22for conducting the criminal history record check, which shall
23be deposited into the State Police Services Fund and shall not
24exceed the actual cost of the record check. The Department of
25State Police shall furnish, pursuant to positive
26identification, all Illinois conviction information to the

 

 

HB4144- 31 -LRB100 14901 KTG 29726 b

1Department of Children and Family Services.
2    For purposes of this subsection:
3    "Background information" means all of the following:
4        (i) Upon the request of the Department of Children and
5    Family Services, conviction information obtained from the
6    Department of State Police as a result of a
7    fingerprint-based criminal history records check of the
8    Illinois criminal history records database and the Federal
9    Bureau of Investigation criminal history records database
10    concerning a Department employee or Department applicant.
11        (ii) Information obtained by the Department of
12    Children and Family Services after performing a check of
13    the Department of State Police's Sex Offender Database, as
14    authorized by Section 120 of the Sex Offender Community
15    Notification Law, concerning a Department employee or
16    Department applicant.
17        (iii) Information obtained by the Department of
18    Children and Family Services after performing a check of
19    the Child Abuse and Neglect Tracking System (CANTS)
20    operated and maintained by the Department.
21    "Department employee" means a full-time or temporary
22employee coded or certified within the State of Illinois
23Personnel System.
24    "Department applicant" means an individual who has
25conditional Department full-time or part-time work, a
26contractor, an individual used to replace or supplement staff,

 

 

HB4144- 32 -LRB100 14901 KTG 29726 b

1an academic intern, a volunteer in Department offices or on
2Department contracts, a work-study student, an individual or
3entity licensed by the Department, or an unlicensed service
4provider who works as a condition of a contract or an agreement
5and whose work may bring the unlicensed service provider into
6contact with Department clients or client records.
7(Source: P.A. 98-249, eff. 1-1-14; 98-570, eff. 8-27-13;
898-756, eff. 7-16-14; 98-803, eff. 1-1-15; 99-143, eff.
97-27-15; 99-933, eff. 1-27-17.)
 
10    Section 5. The Abused and Neglected Child Reporting Act is
11amended by changing Sections 3 and 4 and by adding Section 5.1
12as follows:
 
13    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
14    Sec. 3. As used in this Act unless the context otherwise
15requires:
16    "Adult resident" means any person between 18 and 22 years
17of age who resides in any facility licensed by the Department
18under the Child Care Act of 1969. For purposes of this Act, the
19criteria set forth in the definitions of "abused child" and
20"neglected child" shall be used in determining whether an adult
21resident is abused or neglected.
22    "Agency" means a child care facility licensed under Section
232.05 or Section 2.06 of the Child Care Act of 1969 and includes
24a transitional living program that accepts children and adult

 

 

HB4144- 33 -LRB100 14901 KTG 29726 b

1residents for placement who are in the guardianship of the
2Department.
3    "Blatant disregard" means an incident where the real,
4significant, and imminent risk of harm would be so obvious to a
5reasonable parent or caretaker that it is unlikely that a
6reasonable parent or caretaker would have exposed the child to
7the danger without exercising precautionary measures to
8protect the child from harm. With respect to a person working
9at an agency in his or her professional capacity with a child
10or adult resident, "blatant disregard" includes a failure by
11the person to perform job responsibilities intended to protect
12the child's or adult resident's health, physical well-being, or
13welfare, and, when viewed in light of the surrounding
14circumstances, evidence exists that would cause a reasonable
15person to believe that the child was neglected. With respect to
16an agency, "blatant disregard" includes a failure to implement
17practices that ensure the health, physical well-being, or
18welfare of the children and adult residents residing in the
19facility.
20    "Child" means any person under the age of 18 years, unless
21legally emancipated by reason of marriage or entry into a
22branch of the United States armed services.
23    "Department" means Department of Children and Family
24Services.
25    "Local law enforcement agency" means the police of a city,
26town, village or other incorporated area or the sheriff of an

 

 

HB4144- 34 -LRB100 14901 KTG 29726 b

1unincorporated area or any sworn officer of the Illinois
2Department of State Police.
3    "Abused child" means a child whose parent or immediate
4family member, or any person responsible for the child's
5welfare, or any individual residing in the same home as the
6child, or a paramour of the child's parent:
7        (a) inflicts, causes to be inflicted, or allows to be
8    inflicted upon such child physical injury, by other than
9    accidental means, which causes death, disfigurement,
10    impairment of physical or emotional health, or loss or
11    impairment of any bodily function;
12        (b) creates a substantial risk of physical injury to
13    such child by other than accidental means which would be
14    likely to cause death, disfigurement, impairment of
15    physical or emotional health, or loss or impairment of any
16    bodily function;
17        (c) commits or allows to be committed any sex offense
18    against such child, as such sex offenses are defined in the
19    Criminal Code of 2012 or in the Wrongs to Children Act, and
20    extending those definitions of sex offenses to include
21    children under 18 years of age;
22        (d) commits or allows to be committed an act or acts of
23    torture upon such child;
24        (e) inflicts excessive corporal punishment or, in the
25    case of a person working for an agency who is prohibited
26    from using corporal punishment, inflicts corporal

 

 

HB4144- 35 -LRB100 14901 KTG 29726 b

1    punishment upon a child or adult resident with whom the
2    person is working in his or her professional capacity;
3        (f) commits or allows to be committed the offense of
4    female genital mutilation, as defined in Section 12-34 of
5    the Criminal Code of 2012, against the child;
6        (g) causes to be sold, transferred, distributed, or
7    given to such child under 18 years of age, a controlled
8    substance as defined in Section 102 of the Illinois
9    Controlled Substances Act in violation of Article IV of the
10    Illinois Controlled Substances Act or in violation of the
11    Methamphetamine Control and Community Protection Act,
12    except for controlled substances that are prescribed in
13    accordance with Article III of the Illinois Controlled
14    Substances Act and are dispensed to such child in a manner
15    that substantially complies with the prescription; or
16        (h) commits or allows to be committed the offense of
17    involuntary servitude, involuntary sexual servitude of a
18    minor, or trafficking in persons as defined in Section 10-9
19    of the Criminal Code of 2012 against the child.
20    A child shall not be considered abused for the sole reason
21that the child has been relinquished in accordance with the
22Abandoned Newborn Infant Protection Act.
23    A child shall not be considered abused for the sole reason
24that the child's parent, guardian, or custodian is or has been
25a victim of domestic violence.
26    "Neglected child" means any child who is not receiving the

 

 

HB4144- 36 -LRB100 14901 KTG 29726 b

1proper or necessary nourishment or medically indicated
2treatment including food or care not provided solely on the
3basis of the present or anticipated mental or physical
4impairment as determined by a physician acting alone or in
5consultation with other physicians or otherwise is not
6receiving the proper or necessary support or medical or other
7remedial care recognized under State law as necessary for a
8child's well-being, or other care necessary for his or her
9well-being, including adequate food, clothing and shelter; or
10who is subjected to an environment which is injurious insofar
11as (i) the child's environment creates a likelihood of harm to
12the child's health, physical well-being, or welfare and (ii)
13the likely harm to the child is the result of a blatant
14disregard of parent, caretaker, or agency responsibilities; or
15who is abandoned by his or her parents or other person
16responsible for the child's welfare without a proper plan of
17care; or who has been provided with interim crisis intervention
18services under Section 3-5 of the Juvenile Court Act of 1987
19and whose parent, guardian, or custodian refuses to permit the
20child to return home and no other living arrangement agreeable
21to the parent, guardian, or custodian can be made, and the
22parent, guardian, or custodian has not made any other
23appropriate living arrangement for the child; or who is a
24newborn infant whose blood, urine, or meconium contains any
25amount of a controlled substance as defined in subsection (f)
26of Section 102 of the Illinois Controlled Substances Act or a

 

 

HB4144- 37 -LRB100 14901 KTG 29726 b

1metabolite thereof, with the exception of a controlled
2substance or metabolite thereof whose presence in the newborn
3infant is the result of medical treatment administered to the
4mother or the newborn infant. A child shall not be considered
5neglected for the sole reason that the child's parent or other
6person responsible for his or her welfare has left the child in
7the care of an adult relative for any period of time. A child
8shall not be considered neglected for the sole reason that the
9child has been relinquished in accordance with the Abandoned
10Newborn Infant Protection Act. A child shall not be considered
11neglected or abused for the sole reason that such child's
12parent or other person responsible for his or her welfare
13depends upon spiritual means through prayer alone for the
14treatment or cure of disease or remedial care as provided under
15Section 4 of this Act. A child shall not be considered
16neglected or abused solely because the child is not attending
17school in accordance with the requirements of Article 26 of The
18School Code, as amended. A child shall not be considered
19neglected for the sole reason that the child's parent,
20guardian, or custodian is or has been a victim of domestic
21violence.
22    "Child Protective Service Unit" means certain specialized
23State employees of the Department assigned by the Director to
24perform the duties and responsibilities as provided under
25Section 7.2 of this Act.
26    "Person responsible for the child's welfare" means the

 

 

HB4144- 38 -LRB100 14901 KTG 29726 b

1child's parent; guardian; foster parent; relative caregiver;
2any person responsible for the child's welfare in a public or
3private residential agency or institution; any person
4responsible for the child's welfare within a public or private
5profit or not for profit child care facility; or any other
6person responsible for the child's welfare at the time of the
7alleged abuse or neglect, including any person that is the
8custodian of a child under 18 years of age who commits or
9allows to be committed, against the child, the offense of
10involuntary servitude, involuntary sexual servitude of a
11minor, or trafficking in persons for forced labor or services,
12as provided in Section 10-9 of the Criminal Code of 2012, or
13any person who came to know the child through an official
14capacity or position of trust, including but not limited to
15health care professionals, educational personnel, recreational
16supervisors, members of the clergy, and volunteers or support
17personnel in any setting where children may be subject to abuse
18or neglect.
19    "Temporary protective custody" means custody within a
20hospital or other medical facility or a place previously
21designated for such custody by the Department, subject to
22review by the Court, including a licensed foster home, group
23home, or other institution; but such place shall not be a jail
24or other place for the detention of criminal or juvenile
25offenders.
26    "An unfounded report" means any report made under this Act

 

 

HB4144- 39 -LRB100 14901 KTG 29726 b

1for which it is determined after an investigation that no
2credible evidence of abuse or neglect exists.
3    "An indicated report" means a report made under this Act if
4an investigation determines that credible evidence of the
5alleged abuse or neglect exists.
6    "An undetermined report" means any report made under this
7Act in which it was not possible to initiate or complete an
8investigation on the basis of information provided to the
9Department.
10    "Subject of report" means any child reported to the central
11register of child abuse and neglect established under Section
127.7 of this Act as an alleged victim of child abuse or neglect
13and the parent or guardian of the alleged victim or other
14person responsible for the alleged victim's welfare who is
15named in the report or added to the report as an alleged
16perpetrator of child abuse or neglect.
17    "Perpetrator" means a person who, as a result of
18investigation, has been determined by the Department to have
19caused child abuse or neglect.
20    "Member of the clergy" means a clergyman or practitioner of
21any religious denomination accredited by the religious body to
22which he or she belongs.
23(Source: P.A. 99-350, eff. 6-1-16.)
 
24    (325 ILCS 5/4)
25    (Text of Section before amendment by P.A. 100-513)

 

 

HB4144- 40 -LRB100 14901 KTG 29726 b

1    Sec. 4. Persons required to report; privileged
2communications; transmitting false report. Any physician,
3resident, intern, hospital, hospital administrator and
4personnel engaged in examination, care and treatment of
5persons, surgeon, dentist, dentist hygienist, osteopath,
6chiropractor, podiatric physician, physician assistant,
7substance abuse treatment personnel, funeral home director or
8employee, coroner, medical examiner, emergency medical
9technician, acupuncturist, crisis line or hotline personnel,
10school personnel (including administrators and both certified
11and non-certified school employees), personnel of institutions
12of higher education, educational advocate assigned to a child
13pursuant to the School Code, member of a school board or the
14Chicago Board of Education or the governing body of a private
15school (but only to the extent required in accordance with
16other provisions of this Section expressly concerning the duty
17of school board members to report suspected child abuse),
18truant officers, social worker, social services administrator,
19domestic violence program personnel, registered nurse,
20licensed practical nurse, genetic counselor, respiratory care
21practitioner, advanced practice nurse, home health aide,
22director or staff assistant of a nursery school or a child day
23care center, recreational or athletic program or facility
24personnel, early intervention provider as defined in the Early
25Intervention Services System Act, law enforcement officer,
26licensed professional counselor, licensed clinical

 

 

HB4144- 41 -LRB100 14901 KTG 29726 b

1professional counselor, registered psychologist and assistants
2working under the direct supervision of a psychologist,
3psychiatrist, or field personnel of the Department of
4Healthcare and Family Services, Juvenile Justice, Public
5Health, Human Services (acting as successor to the Department
6of Mental Health and Developmental Disabilities,
7Rehabilitation Services, or Public Aid), Corrections, Human
8Rights, or Children and Family Services, supervisor and
9administrator of general assistance under the Illinois Public
10Aid Code, probation officer, animal control officer or Illinois
11Department of Agriculture Bureau of Animal Health and Welfare
12field investigator, or any other foster parent, homemaker or
13child care worker having reasonable cause to believe a child
14known to them in their professional or official capacity may be
15an abused child or a neglected child shall immediately report
16or cause a report to be made to the Department.
17    Any member of the clergy having reasonable cause to believe
18that a child known to that member of the clergy in his or her
19professional capacity may be an abused child as defined in item
20(c) of the definition of "abused child" in Section 3 of this
21Act shall immediately report or cause a report to be made to
22the Department.
23    Any physician, physician's assistant, registered nurse,
24licensed practical nurse, medical technician, certified
25nursing assistant, social worker, or licensed professional
26counselor of any office, clinic, or any other physical location

 

 

HB4144- 42 -LRB100 14901 KTG 29726 b

1that provides abortions, abortion referrals, or contraceptives
2having reasonable cause to believe a child known to him or her
3in his or her professional or official capacity may be an
4abused child or a neglected child shall immediately report or
5cause a report to be made to the Department.
6    If an allegation is raised to a school board member during
7the course of an open or closed school board meeting that a
8child who is enrolled in the school district of which he or she
9is a board member is an abused child as defined in Section 3 of
10this Act, the member shall direct or cause the school board to
11direct the superintendent of the school district or other
12equivalent school administrator to comply with the
13requirements of this Act concerning the reporting of child
14abuse. For purposes of this paragraph, a school board member is
15granted the authority in his or her individual capacity to
16direct the superintendent of the school district or other
17equivalent school administrator to comply with the
18requirements of this Act concerning the reporting of child
19abuse.
20    Notwithstanding any other provision of this Act, if an
21employee of a school district has made a report or caused a
22report to be made to the Department under this Act involving
23the conduct of a current or former employee of the school
24district and a request is made by another school district for
25the provision of information concerning the job performance or
26qualifications of the current or former employee because he or

 

 

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1she is an applicant for employment with the requesting school
2district, the general superintendent of the school district to
3which the request is being made must disclose to the requesting
4school district the fact that an employee of the school
5district has made a report involving the conduct of the
6applicant or caused a report to be made to the Department, as
7required under this Act. Only the fact that an employee of the
8school district has made a report involving the conduct of the
9applicant or caused a report to be made to the Department may
10be disclosed by the general superintendent of the school
11district to which the request for information concerning the
12applicant is made, and this fact may be disclosed only in cases
13where the employee and the general superintendent have not been
14informed by the Department that the allegations were unfounded.
15An employee of a school district who is or has been the subject
16of a report made pursuant to this Act during his or her
17employment with the school district must be informed by that
18school district that if he or she applies for employment with
19another school district, the general superintendent of the
20former school district, upon the request of the school district
21to which the employee applies, shall notify that requesting
22school district that the employee is or was the subject of such
23a report.
24    Whenever such person is required to report under this Act
25in his capacity as a member of the staff of a medical or other
26public or private institution, school, facility or agency, or

 

 

HB4144- 44 -LRB100 14901 KTG 29726 b

1as a member of the clergy, he shall make report immediately to
2the Department in accordance with the provisions of this Act
3and may also notify the person in charge of such institution,
4school, facility or agency, or church, synagogue, temple,
5mosque, or other religious institution, or his designated agent
6that such report has been made. Under no circumstances shall
7any person in charge of such institution, school, facility or
8agency, or church, synagogue, temple, mosque, or other
9religious institution, or his designated agent to whom such
10notification has been made, exercise any control, restraint,
11modification or other change in the report or the forwarding of
12such report to the Department.
13    The privileged quality of communication between any
14professional person required to report and his patient or
15client shall not apply to situations involving abused or
16neglected children and shall not constitute grounds for failure
17to report as required by this Act or constitute grounds for
18failure to share information or documents with the Department
19during the course of a child abuse or neglect investigation. If
20requested by the professional, the Department shall confirm in
21writing that the information or documents disclosed by the
22professional were gathered in the course of a child abuse or
23neglect investigation.
24    The reporting requirements of this Act shall not apply to
25the contents of a privileged communication between an attorney
26and his or her client or to confidential information within the

 

 

HB4144- 45 -LRB100 14901 KTG 29726 b

1meaning of Rule 1.6 of the Illinois Rules of Professional
2Conduct relating to the legal representation of an individual
3client.
4    A member of the clergy may claim the privilege under
5Section 8-803 of the Code of Civil Procedure.
6    Any office, clinic, or any other physical location that
7provides abortions, abortion referrals, or contraceptives
8shall provide to all office personnel copies of written
9information and training materials about abuse and neglect and
10the requirements of this Act that are provided to employees of
11the office, clinic, or physical location who are required to
12make reports to the Department under this Act, and instruct
13such office personnel to bring to the attention of an employee
14of the office, clinic, or physical location who is required to
15make reports to the Department under this Act any reasonable
16suspicion that a child known to him or her in his or her
17professional or official capacity may be an abused child or a
18neglected child. In addition to the above persons required to
19report suspected cases of abused or neglected children, any
20other person may make a report if such person has reasonable
21cause to believe a child may be an abused child or a neglected
22child.
23    Any person who enters into employment on and after July 1,
241986 and is mandated by virtue of that employment to report
25under this Act, shall sign a statement on a form prescribed by
26the Department, to the effect that the employee has knowledge

 

 

HB4144- 46 -LRB100 14901 KTG 29726 b

1and understanding of the reporting requirements of this Act.
2The statement shall be signed prior to commencement of the
3employment. The signed statement shall be retained by the
4employer. The cost of printing, distribution, and filing of the
5statement shall be borne by the employer.
6    Within one year of initial employment and at least every 5
7years thereafter, school personnel required to report child
8abuse as provided under this Section must complete mandated
9reporter training by a provider or agency with expertise in
10recognizing and reporting child abuse.
11    The Department shall provide copies of this Act, upon
12request, to all employers employing persons who shall be
13required under the provisions of this Section to report under
14this Act.
15    Any person who knowingly transmits a false report to the
16Department commits the offense of disorderly conduct under
17subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.
18A violation of this provision is a Class 4 felony.
19    Any person who knowingly and willfully violates any
20provision of this Section other than a second or subsequent
21violation of transmitting a false report as described in the
22preceding paragraph, is guilty of a Class A misdemeanor for a
23first violation and a Class 4 felony for a second or subsequent
24violation; except that if the person acted as part of a plan or
25scheme having as its object the prevention of discovery of an
26abused or neglected child by lawful authorities for the purpose

 

 

HB4144- 47 -LRB100 14901 KTG 29726 b

1of protecting or insulating any person or entity from arrest or
2prosecution, the person is guilty of a Class 4 felony for a
3first offense and a Class 3 felony for a second or subsequent
4offense (regardless of whether the second or subsequent offense
5involves any of the same facts or persons as the first or other
6prior offense).
7    A child whose parent, guardian or custodian in good faith
8selects and depends upon spiritual means through prayer alone
9for the treatment or cure of disease or remedial care may be
10considered neglected or abused, but not for the sole reason
11that his parent, guardian or custodian accepts and practices
12such beliefs.
13    A child shall not be considered neglected or abused solely
14because the child is not attending school in accordance with
15the requirements of Article 26 of the School Code, as amended.
16    A child shall not be considered neglected or abused for the
17sole reason that the child's parent, guardian, or custodian is
18or has been a victim of domestic violence.
19    Nothing in this Act prohibits a mandated reporter who
20reasonably believes that an animal is being abused or neglected
21in violation of the Humane Care for Animals Act from reporting
22animal abuse or neglect to the Department of Agriculture's
23Bureau of Animal Health and Welfare.
24    A home rule unit may not regulate the reporting of child
25abuse or neglect in a manner inconsistent with the provisions
26of this Section. This Section is a limitation under subsection

 

 

HB4144- 48 -LRB100 14901 KTG 29726 b

1(i) of Section 6 of Article VII of the Illinois Constitution on
2the concurrent exercise by home rule units of powers and
3functions exercised by the State.
4    For purposes of this Section "child abuse or neglect"
5includes abuse or neglect of an adult resident as defined in
6this Act.
7(Source: P.A. 97-189, eff. 7-22-11; 97-254, eff. 1-1-12;
897-387, eff. 8-15-11; 97-711, eff. 6-27-12; 97-813, eff.
97-13-12; 97-1150, eff. 1-25-13; 98-67, eff. 7-15-13; 98-214,
10eff. 8-9-13; 98-408, eff. 7-1-14; 98-756, eff. 7-16-14.)
 
11    (Text of Section after amendment by P.A. 100-513)
12    Sec. 4. Persons required to report; privileged
13communications; transmitting false report. Any physician,
14resident, intern, hospital, hospital administrator and
15personnel engaged in examination, care and treatment of
16persons, surgeon, dentist, dentist hygienist, osteopath,
17chiropractor, podiatric physician, physician assistant,
18substance abuse treatment personnel, funeral home director or
19employee, coroner, medical examiner, emergency medical
20technician, acupuncturist, crisis line or hotline personnel,
21school personnel (including administrators and both certified
22and non-certified school employees), personnel of institutions
23of higher education, educational advocate assigned to a child
24pursuant to the School Code, member of a school board or the
25Chicago Board of Education or the governing body of a private

 

 

HB4144- 49 -LRB100 14901 KTG 29726 b

1school (but only to the extent required in accordance with
2other provisions of this Section expressly concerning the duty
3of school board members to report suspected child abuse),
4truant officers, social worker, social services administrator,
5domestic violence program personnel, registered nurse,
6licensed practical nurse, genetic counselor, respiratory care
7practitioner, advanced practice registered nurse, home health
8aide, director or staff assistant of a nursery school or a
9child day care center, recreational or athletic program or
10facility personnel, early intervention provider as defined in
11the Early Intervention Services System Act, law enforcement
12officer, licensed professional counselor, licensed clinical
13professional counselor, registered psychologist and assistants
14working under the direct supervision of a psychologist,
15psychiatrist, or field personnel of the Department of
16Healthcare and Family Services, Juvenile Justice, Public
17Health, Human Services (acting as successor to the Department
18of Mental Health and Developmental Disabilities,
19Rehabilitation Services, or Public Aid), Corrections, Human
20Rights, or Children and Family Services, supervisor and
21administrator of general assistance under the Illinois Public
22Aid Code, probation officer, animal control officer or Illinois
23Department of Agriculture Bureau of Animal Health and Welfare
24field investigator, or any other foster parent, homemaker or
25child care worker having reasonable cause to believe a child
26known to them in their professional or official capacity may be

 

 

HB4144- 50 -LRB100 14901 KTG 29726 b

1an abused child or a neglected child shall immediately report
2or cause a report to be made to the Department.
3    Any member of the clergy having reasonable cause to believe
4that a child known to that member of the clergy in his or her
5professional capacity may be an abused child as defined in item
6(c) of the definition of "abused child" in Section 3 of this
7Act shall immediately report or cause a report to be made to
8the Department.
9    Any physician, physician's assistant, registered nurse,
10licensed practical nurse, medical technician, certified
11nursing assistant, social worker, or licensed professional
12counselor of any office, clinic, or any other physical location
13that provides abortions, abortion referrals, or contraceptives
14having reasonable cause to believe a child known to him or her
15in his or her professional or official capacity may be an
16abused child or a neglected child shall immediately report or
17cause a report to be made to the Department.
18    If an allegation is raised to a school board member during
19the course of an open or closed school board meeting that a
20child who is enrolled in the school district of which he or she
21is a board member is an abused child as defined in Section 3 of
22this Act, the member shall direct or cause the school board to
23direct the superintendent of the school district or other
24equivalent school administrator to comply with the
25requirements of this Act concerning the reporting of child
26abuse. For purposes of this paragraph, a school board member is

 

 

HB4144- 51 -LRB100 14901 KTG 29726 b

1granted the authority in his or her individual capacity to
2direct the superintendent of the school district or other
3equivalent school administrator to comply with the
4requirements of this Act concerning the reporting of child
5abuse.
6    Notwithstanding any other provision of this Act, if an
7employee of a school district has made a report or caused a
8report to be made to the Department under this Act involving
9the conduct of a current or former employee of the school
10district and a request is made by another school district for
11the provision of information concerning the job performance or
12qualifications of the current or former employee because he or
13she is an applicant for employment with the requesting school
14district, the general superintendent of the school district to
15which the request is being made must disclose to the requesting
16school district the fact that an employee of the school
17district has made a report involving the conduct of the
18applicant or caused a report to be made to the Department, as
19required under this Act. Only the fact that an employee of the
20school district has made a report involving the conduct of the
21applicant or caused a report to be made to the Department may
22be disclosed by the general superintendent of the school
23district to which the request for information concerning the
24applicant is made, and this fact may be disclosed only in cases
25where the employee and the general superintendent have not been
26informed by the Department that the allegations were unfounded.

 

 

HB4144- 52 -LRB100 14901 KTG 29726 b

1An employee of a school district who is or has been the subject
2of a report made pursuant to this Act during his or her
3employment with the school district must be informed by that
4school district that if he or she applies for employment with
5another school district, the general superintendent of the
6former school district, upon the request of the school district
7to which the employee applies, shall notify that requesting
8school district that the employee is or was the subject of such
9a report.
10    Whenever such person is required to report under this Act
11in his capacity as a member of the staff of a medical or other
12public or private institution, school, facility or agency, or
13as a member of the clergy, he shall make report immediately to
14the Department in accordance with the provisions of this Act
15and may also notify the person in charge of such institution,
16school, facility or agency, or church, synagogue, temple,
17mosque, or other religious institution, or his designated agent
18that such report has been made. Under no circumstances shall
19any person in charge of such institution, school, facility or
20agency, or church, synagogue, temple, mosque, or other
21religious institution, or his designated agent to whom such
22notification has been made, exercise any control, restraint,
23modification or other change in the report or the forwarding of
24such report to the Department.
25    The privileged quality of communication between any
26professional person required to report and his patient or

 

 

HB4144- 53 -LRB100 14901 KTG 29726 b

1client shall not apply to situations involving abused or
2neglected children and shall not constitute grounds for failure
3to report as required by this Act or constitute grounds for
4failure to share information or documents with the Department
5during the course of a child abuse or neglect investigation. If
6requested by the professional, the Department shall confirm in
7writing that the information or documents disclosed by the
8professional were gathered in the course of a child abuse or
9neglect investigation.
10    The reporting requirements of this Act shall not apply to
11the contents of a privileged communication between an attorney
12and his or her client or to confidential information within the
13meaning of Rule 1.6 of the Illinois Rules of Professional
14Conduct relating to the legal representation of an individual
15client.
16    A member of the clergy may claim the privilege under
17Section 8-803 of the Code of Civil Procedure.
18    Any office, clinic, or any other physical location that
19provides abortions, abortion referrals, or contraceptives
20shall provide to all office personnel copies of written
21information and training materials about abuse and neglect and
22the requirements of this Act that are provided to employees of
23the office, clinic, or physical location who are required to
24make reports to the Department under this Act, and instruct
25such office personnel to bring to the attention of an employee
26of the office, clinic, or physical location who is required to

 

 

HB4144- 54 -LRB100 14901 KTG 29726 b

1make reports to the Department under this Act any reasonable
2suspicion that a child known to him or her in his or her
3professional or official capacity may be an abused child or a
4neglected child. In addition to the above persons required to
5report suspected cases of abused or neglected children, any
6other person may make a report if such person has reasonable
7cause to believe a child may be an abused child or a neglected
8child.
9    Any person who enters into employment on and after July 1,
101986 and is mandated by virtue of that employment to report
11under this Act, shall sign a statement on a form prescribed by
12the Department, to the effect that the employee has knowledge
13and understanding of the reporting requirements of this Act.
14The statement shall be signed prior to commencement of the
15employment. The signed statement shall be retained by the
16employer. The cost of printing, distribution, and filing of the
17statement shall be borne by the employer.
18    Within one year of initial employment and at least every 5
19years thereafter, school personnel required to report child
20abuse as provided under this Section must complete mandated
21reporter training by a provider or agency with expertise in
22recognizing and reporting child abuse.
23    The Department shall provide copies of this Act, upon
24request, to all employers employing persons who shall be
25required under the provisions of this Section to report under
26this Act.

 

 

HB4144- 55 -LRB100 14901 KTG 29726 b

1    Any person who knowingly transmits a false report to the
2Department commits the offense of disorderly conduct under
3subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.
4A violation of this provision is a Class 4 felony.
5    Any person who knowingly and willfully violates any
6provision of this Section other than a second or subsequent
7violation of transmitting a false report as described in the
8preceding paragraph, is guilty of a Class A misdemeanor for a
9first violation and a Class 4 felony for a second or subsequent
10violation; except that if the person acted as part of a plan or
11scheme having as its object the prevention of discovery of an
12abused or neglected child by lawful authorities for the purpose
13of protecting or insulating any person or entity from arrest or
14prosecution, the person is guilty of a Class 4 felony for a
15first offense and a Class 3 felony for a second or subsequent
16offense (regardless of whether the second or subsequent offense
17involves any of the same facts or persons as the first or other
18prior offense).
19    A child whose parent, guardian or custodian in good faith
20selects and depends upon spiritual means through prayer alone
21for the treatment or cure of disease or remedial care may be
22considered neglected or abused, but not for the sole reason
23that his parent, guardian or custodian accepts and practices
24such beliefs.
25    A child shall not be considered neglected or abused solely
26because the child is not attending school in accordance with

 

 

HB4144- 56 -LRB100 14901 KTG 29726 b

1the requirements of Article 26 of the School Code, as amended.
2    A child shall not be considered neglected or abused for the
3sole reason that the child's parent, guardian, or custodian is
4or has been a victim of domestic violence.
5    Nothing in this Act prohibits a mandated reporter who
6reasonably believes that an animal is being abused or neglected
7in violation of the Humane Care for Animals Act from reporting
8animal abuse or neglect to the Department of Agriculture's
9Bureau of Animal Health and Welfare.
10    A home rule unit may not regulate the reporting of child
11abuse or neglect in a manner inconsistent with the provisions
12of this Section. This Section is a limitation under subsection
13(i) of Section 6 of Article VII of the Illinois Constitution on
14the concurrent exercise by home rule units of powers and
15functions exercised by the State.
16    For purposes of this Section "child abuse or neglect"
17includes abuse or neglect of an adult resident as defined in
18this Act.
19(Source: P.A. 100-513, eff. 1-1-18.)
 
20    (325 ILCS 5/5.1 new)
21    Sec. 5.1. Domestic violence; prohibited custody.
22Notwithstanding any other provision of this Act to the
23contrary, the Department may not remove a child from the
24child's home and take custody of that child solely on the basis
25that the child's parent, guardian, or custodian is or has been

 

 

HB4144- 57 -LRB100 14901 KTG 29726 b

1a victim of domestic violence.
 
2    Section 95. No acceleration or delay. Where this Act makes
3changes in a statute that is represented in this Act by text
4that is not yet or no longer in effect (for example, a Section
5represented by multiple versions), the use of that text does
6not accelerate or delay the taking effect of (i) the changes
7made by this Act or (ii) provisions derived from any other
8Public Act.