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Full Text of HB2093  97th General Assembly

HB2093ham003 97TH GENERAL ASSEMBLY

Rep. David Reis

Filed: 3/30/2011

 

 


 

 


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

 

 

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

 

 

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1    The privileged quality of communication between any
2professional person required to report and his patient or
3client shall not apply to situations involving abused or
4neglected children and shall not constitute grounds for failure
5to report as required by this Act.
6    A member of the clergy may claim the privilege under
7Section 8-803 of the Code of Civil Procedure.
8    Any office, clinic, or any other physical location that
9provides abortions, abortion referrals, or contraceptives
10shall provide to all office personnel copies of written
11information and training materials about abuse and neglect and
12the requirements of this Act that are provided to employees of
13the office, clinic, or physical location who are required to
14make reports to the Department under this Act, and instruct
15such office personnel to bring to the attention of an employee
16of the office, clinic, or physical location who is required to
17make reports to the Department under this Act any reasonable
18suspicion that a child known to him or her in his or her
19professional or official capacity may be an abused child or a
20neglected child. In addition to the above persons required to
21report suspected cases of abused or neglected children, any
22other person may make a report if such person has reasonable
23cause to believe a child may be an abused child or a neglected
24child.
25    Any person who enters into employment on and after July 1,
261986 and is mandated by virtue of that employment to report

 

 

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1under this Act, shall sign a statement on a form prescribed by
2the Department, to the effect that the employee has knowledge
3and understanding of the reporting requirements of this Act.
4The statement shall be signed prior to commencement of the
5employment. The signed statement shall be retained by the
6employer. The cost of printing, distribution, and filing of the
7statement shall be borne by the employer.
8    The Department shall provide copies of this Act, upon
9request, to all employers employing persons who shall be
10required under the provisions of this Section to report under
11this Act.
12    Any person who knowingly transmits a false report to the
13Department commits the offense of disorderly conduct under
14subsection (a)(7) of Section 26-1 of the "Criminal Code of
151961". Any person who violates this provision a second or
16subsequent time shall be guilty of a Class 3 felony.
17    Any person who knowingly and willfully violates any
18provision of this Section other than a second or subsequent
19violation of transmitting a false report as described in the
20preceding paragraph, is guilty of a Class A misdemeanor for a
21first violation and a Class 4 felony for a second or subsequent
22violation; except that if the person acted as part of a plan or
23scheme having as its object the prevention of discovery of an
24abused or neglected child by lawful authorities for the purpose
25of protecting or insulating any person or entity from arrest or
26prosecution, the person is guilty of a Class 4 felony for a

 

 

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

 

 

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1this Act.
2(Source: P.A. 95-10, eff. 6-30-07; 95-461, eff. 8-27-07;
395-876, eff. 8-21-08; 95-908, eff. 8-26-08; 96-494, eff.
48-14-09; 96-1446, eff. 8-20-10.)".