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Full Text of HB2093  97th General Assembly

HB2093enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
HB2093 EnrolledLRB097 08383 KTG 48510 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 5. The Abused and Neglected Child Reporting Act is
5amended by changing Section 4 as follows:
 
6    (325 ILCS 5/4)  (from Ch. 23, par. 2054)
7    Sec. 4. Persons required to report; privileged
8communications; transmitting false report. Any physician,
9resident, intern, hospital, hospital administrator and
10personnel engaged in examination, care and treatment of
11persons, surgeon, dentist, dentist hygienist, osteopath,
12chiropractor, podiatrist, physician assistant, substance abuse
13treatment personnel, funeral home director or employee,
14coroner, medical examiner, emergency medical technician,
15acupuncturist, crisis line or hotline personnel, school
16personnel (including administrators and both certified and
17non-certified school employees), educational advocate assigned
18to a child pursuant to the School Code, member of a school
19board or the Chicago Board of Education or the governing body
20of a private school (but only to the extent required in
21accordance with other provisions of this Section expressly
22concerning the duty of school board members to report suspected
23child abuse), truant officers, social worker, social services

 

 

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1administrator, domestic violence program personnel, registered
2nurse, licensed practical nurse, genetic counselor,
3respiratory care practitioner, advanced practice nurse, home
4health aide, director or staff assistant of a nursery school or
5a child day care center, recreational program or facility
6personnel, law enforcement officer, licensed professional
7counselor, licensed clinical professional counselor,
8registered psychologist and assistants working under the
9direct supervision of a psychologist, psychiatrist, or field
10personnel of the Department of Healthcare and Family Services,
11Juvenile Justice, Public Health, Human Services (acting as
12successor to the Department of Mental Health and Developmental
13Disabilities, Rehabilitation Services, or Public Aid),
14Corrections, Human Rights, or Children and Family Services,
15supervisor and administrator of general assistance under the
16Illinois Public Aid Code, probation officer, animal control
17officer or Illinois Department of Agriculture Bureau of Animal
18Health and Welfare field investigator, or any other foster
19parent, homemaker or child care worker having reasonable cause
20to believe a child known to them in their professional or
21official capacity may be an abused child or a neglected child
22shall immediately report or cause a report to be made to the
23Department.
24    Any member of the clergy having reasonable cause to believe
25that a child known to that member of the clergy in his or her
26professional capacity may be an abused child as defined in item

 

 

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

 

 

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

 

 

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1former school district, upon the request of the school district
2to which the employee applies, shall notify that requesting
3school district that the employee is or was the subject of such
4a report.
5    Whenever such person is required to report under this Act
6in his capacity as a member of the staff of a medical or other
7public or private institution, school, facility or agency, or
8as a member of the clergy, he shall make report immediately to
9the Department in accordance with the provisions of this Act
10and may also notify the person in charge of such institution,
11school, facility or agency, or church, synagogue, temple,
12mosque, or other religious institution, or his designated agent
13that such report has been made. Under no circumstances shall
14any person in charge of such institution, school, facility or
15agency, or church, synagogue, temple, mosque, or other
16religious institution, or his designated agent to whom such
17notification has been made, exercise any control, restraint,
18modification or other change in the report or the forwarding of
19such report to the Department.
20    The privileged quality of communication between any
21professional person required to report and his patient or
22client shall not apply to situations involving abused or
23neglected children and shall not constitute grounds for failure
24to report as required by this Act.
25    A member of the clergy may claim the privilege under
26Section 8-803 of the Code of Civil Procedure.

 

 

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1    Any office, clinic, or any other physical location that
2provides abortions, abortion referrals, or contraceptives
3shall provide to all office personnel copies of written
4information and training materials about abuse and neglect and
5the requirements of this Act that are provided to employees of
6the office, clinic, or physical location who are required to
7make reports to the Department under this Act, and instruct
8such office personnel to bring to the attention of an employee
9of the office, clinic, or physical location who is required to
10make reports to the Department under this Act any reasonable
11suspicion that a child known to him or her in his or her
12professional or official capacity may be an abused child or a
13neglected child. In addition to the above persons required to
14report suspected cases of abused or neglected children, any
15other person may make a report if such person has reasonable
16cause to believe a child may be an abused child or a neglected
17child.
18    Any person who enters into employment on and after July 1,
191986 and is mandated by virtue of that employment to report
20under this Act, shall sign a statement on a form prescribed by
21the Department, to the effect that the employee has knowledge
22and understanding of the reporting requirements of this Act.
23The statement shall be signed prior to commencement of the
24employment. The signed statement shall be retained by the
25employer. The cost of printing, distribution, and filing of the
26statement shall be borne by the employer.

 

 

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1    The Department shall provide copies of this Act, upon
2request, to all employers employing persons who shall be
3required under the provisions of this Section to report under
4this Act.
5    Any person who knowingly transmits a false report to the
6Department commits the offense of disorderly conduct under
7subsection (a)(7) of Section 26-1 of the "Criminal Code of
81961". Any person who violates this provision a second or
9subsequent time shall be guilty of a Class 3 felony.
10    Any person who knowingly and willfully violates any
11provision of this Section other than a second or subsequent
12violation of transmitting a false report as described in the
13preceding paragraph, is guilty of a Class A misdemeanor for a
14first violation and a Class 4 felony for a second or subsequent
15violation; except that if the person acted as part of a plan or
16scheme having as its object the prevention of discovery of an
17abused or neglected child by lawful authorities for the purpose
18of protecting or insulating any person or entity from arrest or
19prosecution, the person is guilty of a Class 4 felony for a
20first offense and a Class 3 felony for a second or subsequent
21offense (regardless of whether the second or subsequent offense
22involves any of the same facts or persons as the first or other
23prior offense).
24    A child whose parent, guardian or custodian in good faith
25selects and depends upon spiritual means through prayer alone
26for the treatment or cure of disease or remedial care may be

 

 

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1considered neglected or abused, but not for the sole reason
2that his parent, guardian or custodian accepts and practices
3such beliefs.
4    A child shall not be considered neglected or abused solely
5because the child is not attending school in accordance with
6the requirements of Article 26 of the School Code, as amended.
7    Nothing in this Act prohibits a mandated reporter who
8reasonably believes that an animal is being abused or neglected
9in violation of the Humane Care for Animals Act from reporting
10animal abuse or neglect to the Department of Agriculture's
11Bureau of Animal Health and Welfare.
12    A home rule unit may not regulate the reporting of child
13abuse or neglect in a manner inconsistent with the provisions
14of this Section. This Section is a limitation under subsection
15(i) of Section 6 of Article VII of the Illinois Constitution on
16the concurrent exercise by home rule units of powers and
17functions exercised by the State.
18    For purposes of this Section "child abuse or neglect"
19includes abuse or neglect of an adult resident as defined in
20this Act.
21(Source: P.A. 95-10, eff. 6-30-07; 95-461, eff. 8-27-07;
2295-876, eff. 8-21-08; 95-908, eff. 8-26-08; 96-494, eff.
238-14-09; 96-1446, eff. 8-20-10.)