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Full Text of HB2093  97th General Assembly

HB2093ham001 97TH GENERAL ASSEMBLY

Rep. David Reis

Filed: 3/9/2011

 

 


 

 


 
09700HB2093ham001LRB097 08383 KTG 51996 a

1
AMENDMENT TO HOUSE BILL 2093

2    AMENDMENT NO. ______. Amend House Bill 2093 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Section 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

 

 

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

 

 

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

 

 

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1equivalent school administrator to comply with the
2requirements of this Act concerning the reporting of child
3abuse. For purposes of this paragraph, a school board member is
4granted the authority in his or her individual capacity to
5direct the superintendent of the school district or other
6equivalent school administrator to comply with the
7requirements of this Act concerning the reporting of child
8abuse.
9    Notwithstanding any other provision of this Act, if an
10employee of a school district has made a report or caused a
11report to be made to the Department under this Act involving
12the conduct of a current or former employee of the school
13district and a request is made by another school district for
14the provision of information concerning the job performance or
15qualifications of the current or former employee because he or
16she is an applicant for employment with the requesting school
17district, the general superintendent of the school district to
18which the request is being made must disclose to the requesting
19school district the fact that an employee of the school
20district has made a report involving the conduct of the
21applicant or caused a report to be made to the Department, as
22required under this Act. Only the fact that an employee of the
23school district has made a report involving the conduct of the
24applicant or caused a report to be made to the Department may
25be disclosed by the general superintendent of the school
26district to which the request for information concerning the

 

 

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1applicant is made, and this fact may be disclosed only in cases
2where the employee and the general superintendent have not been
3informed by the Department that the allegations were unfounded.
4An employee of a school district who is or has been the subject
5of a report made pursuant to this Act during his or her
6employment with the school district must be informed by that
7school district that if he or she applies for employment with
8another school district, the general superintendent of the
9former school district, upon the request of the school district
10to which the employee applies, shall notify that requesting
11school district that the employee is or was the subject of such
12a report.
13    Whenever such person is required to report under this Act
14in his capacity as a member of the staff of a medical or other
15public or private institution, school, facility or agency, or
16as a member of the clergy, he shall make report immediately to
17the Department in accordance with the provisions of this Act
18and may also notify the person in charge of such institution,
19school, facility or agency, or church, synagogue, temple,
20mosque, or other religious institution, or his designated agent
21that such report has been made. Under no circumstances shall
22any person in charge of such institution, school, facility or
23agency, or church, synagogue, temple, mosque, or other
24religious institution, or his designated agent to whom such
25notification has been made, exercise any control, restraint,
26modification or other change in the report or the forwarding of

 

 

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1such report to the Department.
2    The privileged quality of communication between any
3professional person required to report and his patient or
4client shall not apply to situations involving abused or
5neglected children and shall not constitute grounds for failure
6to report as required by this Act.
7    A member of the clergy may claim the privilege under
8Section 8-803 of the Code of Civil Procedure.
9    In addition to the above persons required to report
10suspected cases of abused or neglected children, any other
11person may make a report if such person has reasonable cause to
12believe a child may be an abused child or a neglected child.
13    Any person who enters into employment on and after July 1,
141986 and is mandated by virtue of that employment to report
15under this Act, shall sign a statement on a form prescribed by
16the Department, to the effect that the employee has knowledge
17and understanding of the reporting requirements of this Act.
18The statement shall be signed prior to commencement of the
19employment. The signed statement shall be retained by the
20employer. The cost of printing, distribution, and filing of the
21statement shall be borne by the employer.
22    The Department shall provide copies of this Act, upon
23request, to all employers employing persons who shall be
24required under the provisions of this Section to report under
25this Act.
26    Any person who knowingly transmits a false report to the

 

 

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1Department commits the offense of disorderly conduct under
2subsection (a)(7) of Section 26-1 of the "Criminal Code of
31961". Any person who violates this provision a second or
4subsequent time shall be guilty of a Class 3 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

 

 

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1the requirements of Article 26 of the School Code, as amended.
2    Nothing in this Act prohibits a mandated reporter who
3reasonably believes that an animal is being abused or neglected
4in violation of the Humane Care for Animals Act from reporting
5animal abuse or neglect to the Department of Agriculture's
6Bureau of Animal Health and Welfare.
7    A home rule unit may not regulate the reporting of child
8abuse or neglect in a manner inconsistent with the provisions
9of this Section. This Section is a limitation under subsection
10(i) of Section 6 of Article VII of the Illinois Constitution on
11the concurrent exercise by home rule units of powers and
12functions exercised by the State.
13    For purposes of this Section "child abuse or neglect"
14includes abuse or neglect of an adult resident as defined in
15this Act.
16(Source: P.A. 95-10, eff. 6-30-07; 95-461, eff. 8-27-07;
1795-876, eff. 8-21-08; 95-908, eff. 8-26-08; 96-494, eff.
188-14-09; 96-1446, eff. 8-20-10.)".