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Full Text of HB2093  97th General Assembly

HB2093 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2093

 

Introduced 2/22/2011, by Rep. David Reis

 

SYNOPSIS AS INTRODUCED:
 
325 ILCS 5/4  from Ch. 23, par. 2054

    Amends the Abused and Neglected Child Reporting Act. Extends the list of persons required to report child abuse or neglect to include any physician, physician's assistant, registered nurse, licensed practical nurse, medical technician, certified nursing assistant, social worker, licensed professional counselor, office personnel, or volunteer of any office, clinic, or any other physical location that provides abortions, abortion counseling, abortion referrals, contraceptives, contraceptive counseling, sex education, or gynecological care and services.


LRB097 08383 KTG 48510 b

 

 

A BILL FOR

 

HB2093LRB097 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, licensed professional
7counselor, office personnel, or volunteer of any office,
8clinic, or any other physical location that provides abortions,
9abortion counseling, abortion referrals, contraceptives,
10contraceptive counseling, sex education, or gynecological care
11and services having reasonable cause to believe a child known
12to them in their professional or official capacity may be an
13abused child or a neglected child shall immediately report or
14cause a report to be made to the Department.
15    If an allegation is raised to a school board member during
16the course of an open or closed school board meeting that a
17child who is enrolled in the school district of which he or she
18is a board member is an abused child as defined in Section 3 of
19this Act, the member shall direct or cause the school board to
20direct the superintendent of the school district or other
21equivalent school administrator to comply with the
22requirements of this Act concerning the reporting of child
23abuse. For purposes of this paragraph, a school board member is
24granted the authority in his or her individual capacity to
25direct the superintendent of the school district or other
26equivalent school administrator to comply with the

 

 

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

 

 

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

 

 

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1    A member of the clergy may claim the privilege under
2Section 8-803 of the Code of Civil Procedure.
3    In addition to the above persons required to report
4suspected cases of abused or neglected children, any other
5person may make a report if such person has reasonable cause to
6believe a child may be an abused child or a neglected child.
7    Any person who enters into employment on and after July 1,
81986 and is mandated by virtue of that employment to report
9under this Act, shall sign a statement on a form prescribed by
10the Department, to the effect that the employee has knowledge
11and understanding of the reporting requirements of this Act.
12The statement shall be signed prior to commencement of the
13employment. The signed statement shall be retained by the
14employer. The cost of printing, distribution, and filing of the
15statement shall be borne by the employer.
16    The Department shall provide copies of this Act, upon
17request, to all employers employing persons who shall be
18required under the provisions of this Section to report under
19this Act.
20    Any person who knowingly transmits a false report to the
21Department commits the offense of disorderly conduct under
22subsection (a)(7) of Section 26-1 of the "Criminal Code of
231961". Any person who violates this provision a second or
24subsequent time shall be guilty of a Class 3 felony.
25    Any person who knowingly and willfully violates any
26provision of this Section other than a second or subsequent

 

 

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1violation of transmitting a false report as described in the
2preceding paragraph, is guilty of a Class A misdemeanor for a
3first violation and a Class 4 felony for a second or subsequent
4violation; except that if the person acted as part of a plan or
5scheme having as its object the prevention of discovery of an
6abused or neglected child by lawful authorities for the purpose
7of protecting or insulating any person or entity from arrest or
8prosecution, the person is guilty of a Class 4 felony for a
9first offense and a Class 3 felony for a second or subsequent
10offense (regardless of whether the second or subsequent offense
11involves any of the same facts or persons as the first or other
12prior offense).
13    A child whose parent, guardian or custodian in good faith
14selects and depends upon spiritual means through prayer alone
15for the treatment or cure of disease or remedial care may be
16considered neglected or abused, but not for the sole reason
17that his parent, guardian or custodian accepts and practices
18such beliefs.
19    A child shall not be considered neglected or abused solely
20because the child is not attending school in accordance with
21the requirements of Article 26 of the School Code, as amended.
22    Nothing in this Act prohibits a mandated reporter who
23reasonably believes that an animal is being abused or neglected
24in violation of the Humane Care for Animals Act from reporting
25animal abuse or neglect to the Department of Agriculture's
26Bureau of Animal Health and Welfare.

 

 

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1    A home rule unit may not regulate the reporting of child
2abuse or neglect in a manner inconsistent with the provisions
3of this Section. This Section is a limitation under subsection
4(i) of Section 6 of Article VII of the Illinois Constitution on
5the concurrent exercise by home rule units of powers and
6functions exercised by the State.
7    For purposes of this Section "child abuse or neglect"
8includes abuse or neglect of an adult resident as defined in
9this Act.
10(Source: P.A. 95-10, eff. 6-30-07; 95-461, eff. 8-27-07;
1195-876, eff. 8-21-08; 95-908, eff. 8-26-08; 96-494, eff.
128-14-09; 96-1446, eff. 8-20-10.)