Full Text of HB2093 97th General Assembly
HB2093ham002 97TH GENERAL ASSEMBLY | Rep. David Reis Filed: 3/14/2011
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| 1 | | AMENDMENT TO HOUSE BILL 2093
| 2 | | AMENDMENT NO. ______. Amend House Bill 2093 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Abused and Neglected Child Reporting Act is | 5 | | amended by changing Section 4 as follows:
| 6 | | (325 ILCS 5/4) (from Ch. 23, par. 2054)
| 7 | | Sec. 4. Persons required to report; privileged | 8 | | communications;
transmitting false report. Any physician, | 9 | | resident, intern, hospital,
hospital administrator
and | 10 | | personnel engaged in examination, care and treatment of | 11 | | persons, surgeon,
dentist, dentist hygienist, osteopath, | 12 | | chiropractor, podiatrist, physician
assistant, substance abuse | 13 | | treatment personnel, funeral home
director or employee, | 14 | | coroner, medical examiner, emergency medical technician,
| 15 | | acupuncturist, crisis line or hotline personnel, school | 16 | | personnel (including administrators and both certified and |
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| 1 | | non-certified school employees), educational
advocate assigned | 2 | | to a child pursuant to the School Code, member of a school | 3 | | board or the Chicago Board of Education or the governing body | 4 | | of a private school (but only to the extent required in | 5 | | accordance with other provisions of this Section expressly | 6 | | concerning the duty of school board members to report suspected | 7 | | child abuse), truant officers,
social worker, social services | 8 | | administrator,
domestic violence program personnel, registered | 9 | | nurse, licensed
practical nurse, genetic counselor,
| 10 | | respiratory care practitioner, advanced practice nurse, home
| 11 | | health aide, director or staff
assistant of a nursery school or | 12 | | a child day care center, recreational program
or facility | 13 | | personnel, law enforcement officer, licensed professional
| 14 | | counselor, licensed clinical professional counselor, | 15 | | registered psychologist
and
assistants working under the | 16 | | direct supervision of a psychologist,
psychiatrist, or field | 17 | | personnel of the Department of Healthcare and Family Services,
| 18 | | Juvenile Justice, Public Health, Human Services (acting as | 19 | | successor to the Department of Mental
Health and Developmental | 20 | | Disabilities, Rehabilitation Services, or Public Aid),
| 21 | | Corrections, Human Rights, or Children and Family Services, | 22 | | supervisor and
administrator of general assistance under the | 23 | | Illinois Public Aid Code,
probation officer, animal control | 24 | | officer or Illinois Department of Agriculture Bureau of Animal | 25 | | Health and Welfare field investigator, or any other foster | 26 | | parent, homemaker or child care worker
having reasonable cause |
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| 1 | | to believe a child known to them in their professional
or | 2 | | official capacity may be an abused child or a neglected child | 3 | | shall
immediately report or cause a report to be made to the | 4 | | Department.
| 5 | | Any member of the clergy having reasonable cause to believe | 6 | | that a child
known to that member of the clergy in his or her | 7 | | professional capacity may be
an abused child as defined in item | 8 | | (c) of the definition of "abused child" in
Section 3 of this | 9 | | Act shall immediately report or cause a report to be made to
| 10 | | the Department.
| 11 | | Any physician, physician's assistant, registered nurse, | 12 | | licensed practical nurse, medical technician, certified | 13 | | nursing assistant, social worker, or licensed professional | 14 | | counselor of any office, clinic, or any other physical location | 15 | | that provides abortions, abortion referrals, or contraceptives | 16 | | having reasonable cause to believe a child known to him or her | 17 | | in his or her professional
or official capacity may be an | 18 | | abused child or a neglected child shall
immediately report or | 19 | | cause a report to be made to the Department. | 20 | | If an allegation is raised to a school board member during | 21 | | the course of an open or closed school board meeting that a | 22 | | child who is enrolled in the school district of which he or she | 23 | | is a board member is an abused child as defined in Section 3 of | 24 | | this Act, the member shall direct or cause the school board to | 25 | | direct the superintendent of the school district or other | 26 | | equivalent school administrator to comply with the |
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| 1 | | requirements of this Act concerning the reporting of child | 2 | | abuse. For purposes of this paragraph, a school board member is | 3 | | granted the authority in his or her individual capacity to | 4 | | direct the superintendent of the school district or other | 5 | | equivalent school administrator to comply with the | 6 | | requirements of this Act concerning the reporting of child | 7 | | abuse.
| 8 | | Notwithstanding any other provision of this Act, if an | 9 | | employee of a school district has made a report or caused a | 10 | | report to be made to the Department under this Act involving | 11 | | the conduct of a current or former employee of the school | 12 | | district and a request is made by another school district for | 13 | | the provision of information concerning the job performance or | 14 | | qualifications of the current or former employee because he or | 15 | | she is an applicant for employment with the requesting school | 16 | | district, the general superintendent of the school district to | 17 | | which the request is being made must disclose to the requesting | 18 | | school district the fact that an employee of the school | 19 | | district has made a report involving the conduct of the | 20 | | applicant or caused a report to be made to the Department, as | 21 | | required under this Act. Only the fact that an employee of the | 22 | | school district has made a report involving the conduct of the | 23 | | applicant or caused a report to be made to the Department may | 24 | | be disclosed by the general superintendent of the school | 25 | | district to which the request for information concerning the | 26 | | applicant is made, and this fact may be disclosed only in cases |
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| 1 | | where the employee and the general superintendent have not been | 2 | | informed by the Department that the allegations were unfounded. | 3 | | An employee of a school district who is or has been the subject | 4 | | of a report made pursuant to this Act during his or her | 5 | | employment with the school district must be informed by that | 6 | | school district that if he or she applies for employment with | 7 | | another school district, the general superintendent of the | 8 | | former school district, upon the request of the school district | 9 | | to which the employee applies, shall notify that requesting | 10 | | school district that the employee is or was the subject of such | 11 | | a report.
| 12 | | Whenever
such person is required to report under this Act | 13 | | in his capacity as a member of
the staff of a medical or other | 14 | | public or private institution, school, facility
or agency, or | 15 | | as a member of the clergy, he shall
make report immediately to | 16 | | the Department in accordance
with the provisions of this Act | 17 | | and may also notify the person in charge of
such institution, | 18 | | school, facility or agency, or church, synagogue, temple,
| 19 | | mosque, or other religious institution, or his
designated agent | 20 | | that such
report has been made. Under no circumstances shall | 21 | | any person in charge of
such institution, school, facility or | 22 | | agency, or church, synagogue, temple,
mosque, or other | 23 | | religious institution, or his
designated agent to whom
such | 24 | | notification has been made, exercise any control, restraint, | 25 | | modification
or other change in the report or the forwarding of | 26 | | such report to the
Department.
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| 1 | | The privileged quality of communication between any | 2 | | professional
person required to report
and his patient or | 3 | | client shall not apply to situations involving abused or
| 4 | | neglected children and shall not constitute grounds for failure | 5 | | to report
as required by this Act.
| 6 | | A member of the clergy may claim the privilege under | 7 | | Section 8-803 of the
Code of Civil Procedure.
| 8 | | Any office, clinic, or any other physical location that | 9 | | provides abortions, abortion referrals, or contraceptives | 10 | | shall provide to all office personnel copies of written | 11 | | information and training materials about abuse and neglect and | 12 | | the requirements of this Act that are provided to employees of | 13 | | the office, clinic, or physical location who are required to | 14 | | make reports to the Department under this Act, and instruct | 15 | | such office personnel to bring to the attention of an employee | 16 | | of the office, clinic, or physical location who is required to | 17 | | make reports to the Department under this Act any reasonable | 18 | | suspicion that a child known to him or her in his or her | 19 | | professional or official capacity may be an abused child or a | 20 | | neglected child. In addition to the above persons required to
| 21 | | report suspected cases of abused or neglected children, any | 22 | | other person
may make a report if such person has reasonable | 23 | | cause to believe a child
may be an abused child or a neglected | 24 | | child.
| 25 | | Any person who enters into
employment on and after July 1, | 26 | | 1986 and is mandated by virtue of that
employment to report |
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| 1 | | under this Act, shall sign a statement on a form
prescribed by | 2 | | the Department, to the effect that the employee has knowledge
| 3 | | and understanding of the reporting requirements of this Act. | 4 | | The statement
shall be signed prior to commencement of the | 5 | | employment. The signed
statement shall be retained by the | 6 | | employer. The cost of printing,
distribution, and filing of the | 7 | | statement shall be borne by the employer.
| 8 | | The Department shall provide copies of this Act, upon | 9 | | request, to all
employers employing persons who shall be | 10 | | required under the provisions of
this Section to report under | 11 | | this Act.
| 12 | | Any person who knowingly transmits a false report to the | 13 | | Department
commits the offense of disorderly conduct under | 14 | | subsection (a)(7) of
Section 26-1 of the "Criminal Code of | 15 | | 1961". Any person who violates this
provision a second or | 16 | | subsequent time shall be guilty of a Class 3
felony.
| 17 | | Any person who knowingly and willfully violates any | 18 | | provision of this
Section other than a second or subsequent | 19 | | violation of transmitting a
false report as described in the
| 20 | | preceding paragraph, is guilty of a
Class A misdemeanor for
a | 21 | | first violation and a Class
4 felony for a
second or subsequent | 22 | | violation; except that if the person acted as part
of a plan or | 23 | | scheme having as its object the
prevention of discovery of an | 24 | | abused or neglected child by lawful authorities
for the
purpose | 25 | | of protecting or insulating any person or entity from arrest or
| 26 | | prosecution, the
person is guilty of a Class 4 felony for a |
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| 1 | | first offense and a Class 3 felony
for a second or
subsequent | 2 | | offense (regardless of whether the second or subsequent offense
| 3 | | involves any
of the same facts or persons as the first or other | 4 | | prior offense).
| 5 | | A child whose parent, guardian or custodian in good faith | 6 | | selects and depends
upon spiritual means through prayer alone | 7 | | for the treatment or cure of
disease or remedial care may be | 8 | | considered neglected or abused, but not for
the sole reason | 9 | | that his parent, guardian or custodian accepts and
practices | 10 | | such beliefs.
| 11 | | A child shall not be considered neglected or abused solely | 12 | | because the
child is not attending school in accordance with | 13 | | the requirements of
Article 26 of the School Code, as amended.
| 14 | | Nothing in this Act prohibits a mandated reporter who | 15 | | reasonably believes that an animal is being abused or neglected | 16 | | in violation of the Humane Care for Animals Act from reporting | 17 | | animal abuse or neglect to the Department of Agriculture's | 18 | | Bureau of Animal Health and Welfare. | 19 | | A home rule unit may not regulate the reporting of child | 20 | | abuse or neglect in a manner inconsistent with the provisions | 21 | | of this Section. This Section is a limitation under subsection | 22 | | (i) of Section 6 of Article VII of the Illinois Constitution on | 23 | | the concurrent exercise by home rule units of powers and | 24 | | functions exercised by the State. | 25 | | For purposes of this Section "child abuse or neglect" | 26 | | includes abuse or neglect of an adult resident as defined in |
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| 1 | | this Act. | 2 | | (Source: P.A. 95-10, eff. 6-30-07; 95-461, eff. 8-27-07; | 3 | | 95-876, eff. 8-21-08; 95-908, eff. 8-26-08; 96-494, eff. | 4 | | 8-14-09; 96-1446, eff. 8-20-10.)".
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