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Public Act 101-0043


 

Public Act 0043 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0043
 
HB0831 EnrolledLRB101 07068 KTG 52105 b

    AN ACT concerning children.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Abused and Neglected Child Reporting Act is
amended by changing Sections 7.4, 7.8, and 11.1 and by adding
Section 4.4c as follows:
 
    (325 ILCS 5/4.4c new)
    Sec. 4.4c. Duty to notify the Directors of Public Health
and Healthcare and Family Services. Whenever the Department
receives, by means of its statewide toll-free telephone number
established under Section 7.6 for the purpose of reporting
suspected child abuse or neglect or by any other means or from
any mandated reporter under Section 4, a report of suspected
abuse or neglect of a child and the child is alleged to have
been abused or neglected while receiving care in a hospital,
including a freestanding psychiatric hospital licensed by the
Department of Public Health, the Department shall notify the
Director of Public Health and the Director of Healthcare and
Family Services of the report.
 
    (325 ILCS 5/7.4)  (from Ch. 23, par. 2057.4)
    Sec. 7.4. (a) The Department shall be capable of receiving
reports of suspected child abuse or neglect 24 hours a day, 7
days a week. Whenever the Department receives a report alleging
that a child is a truant as defined in Section 26-2a of the
School Code, as now or hereafter amended, the Department shall
notify the superintendent of the school district in which the
child resides and the appropriate superintendent of the
educational service region. The notification to the
appropriate officials by the Department shall not be considered
an allegation of abuse or neglect under this Act.
    (a-5) The Department of Children and Family Services may
implement a "differential response program" in accordance with
criteria, standards, and procedures prescribed by rule. The
program may provide that, upon receiving a report, the
Department shall determine whether to conduct a family
assessment or an investigation as appropriate to prevent or
provide a remedy for child abuse or neglect.
    For purposes of this subsection (a-5), "family assessment"
means a comprehensive assessment of child safety, risk of
subsequent child maltreatment, and family strengths and needs
that is applied to a child maltreatment report that does not
allege substantial child endangerment. "Family assessment"
does not include a determination as to whether child
maltreatment occurred but does determine the need for services
to address the safety of family members and the risk of
subsequent maltreatment.
    For purposes of this subsection (a-5), "investigation"
means fact-gathering related to the current safety of a child
and the risk of subsequent abuse or neglect that determines
whether a report of suspected child abuse or neglect should be
indicated or unfounded and whether child protective services
are needed.
    Under the "differential response program" implemented
under this subsection (a-5), the Department:
        (1) Shall conduct an investigation on reports
    involving substantial child abuse or neglect.
        (2) Shall begin an immediate investigation if, at any
    time when it is using a family assessment response, it
    determines that there is reason to believe that substantial
    child abuse or neglect or a serious threat to the child's
    safety exists.
        (3) May conduct a family assessment for reports that do
    not allege substantial child endangerment. In determining
    that a family assessment is appropriate, the Department may
    consider issues, including, but not limited to, child
    safety, parental cooperation, and the need for an immediate
    response.
        (4) Shall promulgate criteria, standards, and
    procedures that shall be applied in making this
    determination, taking into consideration the Child
    Endangerment Risk Assessment Protocol of the Department.
        (5) May conduct a family assessment on a report that
    was initially screened and assigned for an investigation.
    In determining that a complete investigation is not
required, the Department must document the reason for
terminating the investigation and notify the local law
enforcement agency or the Department of State Police if the
local law enforcement agency or Department of State Police is
conducting a joint investigation.
    Once it is determined that a "family assessment" will be
implemented, the case shall not be reported to the central
register of abuse and neglect reports.
    During a family assessment, the Department shall collect
any available and relevant information to determine child
safety, risk of subsequent abuse or neglect, and family
strengths.
    Information collected includes, but is not limited to, when
relevant: information with regard to the person reporting the
alleged abuse or neglect, including the nature of the
reporter's relationship to the child and to the alleged
offender, and the basis of the reporter's knowledge for the
report; the child allegedly being abused or neglected; the
alleged offender; the child's caretaker; and other collateral
sources having relevant information related to the alleged
abuse or neglect. Information relevant to the assessment must
be asked for, and may include:
        (A) The child's sex and age, prior reports of abuse or
    neglect, information relating to developmental
    functioning, credibility of the child's statement, and
    whether the information provided under this paragraph (A)
    is consistent with other information collected during the
    course of the assessment or investigation.
        (B) The alleged offender's age, a record check for
    prior reports of abuse or neglect, and criminal charges and
    convictions. The alleged offender may submit supporting
    documentation relevant to the assessment.
        (C) Collateral source information regarding the
    alleged abuse or neglect and care of the child. Collateral
    information includes, when relevant: (i) a medical
    examination of the child; (ii) prior medical records
    relating to the alleged maltreatment or care of the child
    maintained by any facility, clinic, or health care
    professional, and an interview with the treating
    professionals; and (iii) interviews with the child's
    caretakers, including the child's parent, guardian, foster
    parent, child care provider, teachers, counselors, family
    members, relatives, and other persons who may have
    knowledge regarding the alleged maltreatment and the care
    of the child.
        (D) Information on the existence of domestic abuse and
    violence in the home of the child, and substance abuse.
    Nothing in this subsection (a-5) precludes the Department
from collecting other relevant information necessary to
conduct the assessment or investigation. Nothing in this
subsection (a-5) shall be construed to allow the name or
identity of a reporter to be disclosed in violation of the
protections afforded under Section 7.19 of this Act.
    After conducting the family assessment, the Department
shall determine whether services are needed to address the
safety of the child and other family members and the risk of
subsequent abuse or neglect.
    Upon completion of the family assessment, if the Department
concludes that no services shall be offered, then the case
shall be closed. If the Department concludes that services
shall be offered, the Department shall develop a family
preservation plan and offer or refer services to the family.
    At any time during a family assessment, if the Department
believes there is any reason to stop the assessment and conduct
an investigation based on the information discovered, the
Department shall do so.
    The procedures available to the Department in conducting
investigations under this Act shall be followed as appropriate
during a family assessment.
    If the Department implements a differential response
program authorized under this subsection (a-5), the Department
shall arrange for an independent evaluation of the program for
at least the first 3 years of implementation to determine
whether it is meeting the goals in accordance with Section 2 of
this Act.
    The Department may adopt administrative rules necessary
for the execution of this Section, in accordance with Section 4
of the Children and Family Services Act.
    The Department shall submit a report to the General
Assembly by January 15, 2018 on the implementation progress and
recommendations for additional needed legislative changes.
    (b)(1) The following procedures shall be followed in the
investigation of all reports of suspected abuse or neglect of a
child, except as provided in subsection (c) of this Section.
    (2) If, during a family assessment authorized by subsection
(a-5) or an investigation, it appears that the immediate safety
or well-being of a child is endangered, that the family may
flee or the child disappear, or that the facts otherwise so
warrant, the Child Protective Service Unit shall commence an
investigation immediately, regardless of the time of day or
night. All other investigations shall be commenced within 24
hours of receipt of the report. Upon receipt of a report, the
Child Protective Service Unit shall conduct a family assessment
authorized by subsection (a-5) or begin an initial
investigation and make an initial determination whether the
report is a good faith indication of alleged child abuse or
neglect.
    (3) Based on an initial investigation, if the Unit
determines the report is a good faith indication of alleged
child abuse or neglect, then a formal investigation shall
commence and, pursuant to Section 7.12 of this Act, may or may
not result in an indicated report. The formal investigation
shall include: direct contact with the subject or subjects of
the report as soon as possible after the report is received; an
evaluation of the environment of the child named in the report
and any other children in the same environment; a determination
of the risk to such children if they continue to remain in the
existing environments, as well as a determination of the
nature, extent and cause of any condition enumerated in such
report; the name, age and condition of other children in the
environment; and an evaluation as to whether there would be an
immediate and urgent necessity to remove the child from the
environment if appropriate family preservation services were
provided. After seeing to the safety of the child or children,
the Department shall forthwith notify the subjects of the
report in writing, of the existence of the report and their
rights existing under this Act in regard to amendment or
expungement. To fulfill the requirements of this Section, the
Child Protective Service Unit shall have the capability of
providing or arranging for comprehensive emergency services to
children and families at all times of the day or night.
    (4) If (i) at the conclusion of the Unit's initial
investigation of a report, the Unit determines the report to be
a good faith indication of alleged child abuse or neglect that
warrants a formal investigation by the Unit, the Department,
any law enforcement agency or any other responsible agency and
(ii) the person who is alleged to have caused the abuse or
neglect is employed or otherwise engaged in an activity
resulting in frequent contact with children and the alleged
abuse or neglect are in the course of such employment or
activity, then the Department shall, except in investigations
where the Director determines that such notification would be
detrimental to the Department's investigation, inform the
appropriate supervisor or administrator of that employment or
activity that the Unit has commenced a formal investigation
pursuant to this Act, which may or may not result in an
indicated report. The Department shall also notify the person
being investigated, unless the Director determines that such
notification would be detrimental to the Department's
investigation.
    (c) In an investigation of a report of suspected abuse or
neglect of a child by a school employee at a school or on
school grounds, the Department shall make reasonable efforts to
follow the following procedures:
        (1) Investigations involving teachers shall not, to
    the extent possible, be conducted when the teacher is
    scheduled to conduct classes. Investigations involving
    other school employees shall be conducted so as to minimize
    disruption of the school day. The school employee accused
    of child abuse or neglect may have his superior, his
    association or union representative and his attorney
    present at any interview or meeting at which the teacher or
    administrator is present. The accused school employee
    shall be informed by a representative of the Department, at
    any interview or meeting, of the accused school employee's
    due process rights and of the steps in the investigation
    process. These due process rights shall also include the
    right of the school employee to present countervailing
    evidence regarding the accusations. In an investigation in
    which the alleged perpetrator of abuse or neglect is a
    school employee, including, but not limited to, a school
    teacher or administrator, and the recommendation is to
    determine the report to be indicated, in addition to other
    procedures as set forth and defined in Department rules and
    procedures, the employee's due process rights shall also
    include: (i) the right to a copy of the investigation
    summary; (ii) the right to review the specific allegations
    which gave rise to the investigation; and (iii) the right
    to an administrator's teleconference which shall be
    convened to provide the school employee with the
    opportunity to present documentary evidence or other
    information that supports his or her position and to
    provide information before a final finding is entered.
        (2) If a report of neglect or abuse of a child by a
    teacher or administrator does not involve allegations of
    sexual abuse or extreme physical abuse, the Child
    Protective Service Unit shall make reasonable efforts to
    conduct the initial investigation in coordination with the
    employee's supervisor.
        If the Unit determines that the report is a good faith
    indication of potential child abuse or neglect, it shall
    then commence a formal investigation under paragraph (3) of
    subsection (b) of this Section.
        (3) If a report of neglect or abuse of a child by a
    teacher or administrator involves an allegation of sexual
    abuse or extreme physical abuse, the Child Protective Unit
    shall commence an investigation under paragraph (2) of
    subsection (b) of this Section.
    (c-5) In any instance in which a report is made or caused
to made by a school district employee involving the conduct of
a person employed by the school district, at the time the
report was made, as required under Section 4 of this Act, the
Child Protective Service Unit shall send a copy of its final
finding report to the general superintendent of that school
district.
    (c-10) The Department may recommend that a school district
remove a school employee who is the subject of an investigation
from his or her employment position pending the outcome of the
investigation; however, all employment decisions regarding
school personnel shall be the sole responsibility of the school
district or employer. The Department may not require a school
district to remove a school employee from his or her employment
position or limit the school employee's duties pending the
outcome of an investigation.
    (d) If the Department has contact with an employer, or with
a religious institution or religious official having
supervisory or hierarchical authority over a member of the
clergy accused of the abuse of a child, in the course of its
investigation, the Department shall notify the employer or the
religious institution or religious official, in writing, when a
report is unfounded so that any record of the investigation can
be expunged from the employee's or member of the clergy's
personnel or other records. The Department shall also notify
the employee or the member of the clergy, in writing, that
notification has been sent to the employer or to the
appropriate religious institution or religious official
informing the employer or religious institution or religious
official that the Department's investigation has resulted in an
unfounded report.
    (d-1) Whenever a report alleges that a child was abused or
neglected while receiving care in a hospital, including a
freestanding psychiatric hospital licensed by the Department
of Public Health, the Department shall send a copy of its final
finding to the Director of Public Health and the Director of
Healthcare and Family Services.
    (e) Upon request by the Department, the Department of State
Police and law enforcement agencies are authorized to provide
criminal history record information as defined in the Illinois
Uniform Conviction Information Act and information maintained
in the adjudicatory and dispositional record system as defined
in Section 2605-355 of the Department of State Police Law (20
ILCS 2605/2605-355) to properly designated employees of the
Department of Children and Family Services if the Department
determines the information is necessary to perform its duties
under the Abused and Neglected Child Reporting Act, the Child
Care Act of 1969, and the Children and Family Services Act. The
request shall be in the form and manner required by the
Department of State Police. Any information obtained by the
Department of Children and Family Services under this Section
is confidential and may not be transmitted outside the
Department of Children and Family Services other than to a
court of competent jurisdiction or unless otherwise authorized
by law. Any employee of the Department of Children and Family
Services who transmits confidential information in violation
of this Section or causes the information to be transmitted in
violation of this Section is guilty of a Class A misdemeanor
unless the transmittal of the information is authorized by this
Section or otherwise authorized by law.
    (f) For purposes of this Section, "child abuse or neglect"
includes abuse or neglect of an adult resident as defined in
this Act.
(Source: P.A. 100-68, eff. 1-1-18; 100-176, eff. 1-1-18;
100-191, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
    (325 ILCS 5/7.8)
    Sec. 7.8. Upon receiving an oral or written report of
suspected child abuse or neglect, the Department shall
immediately notify, either orally or electronically, the Child
Protective Service Unit of a previous report concerning a
subject of the present report or other pertinent information.
In addition, upon satisfactory identification procedures, to
be established by Department regulation, any person authorized
to have access to records under Section 11.1 relating to child
abuse and neglect may request and shall be immediately provided
the information requested in accordance with this Act. However,
no information shall be released unless it prominently states
the report is "indicated", and only information from
"indicated" reports shall be released, except that information
concerning pending reports may be released pursuant to Sections
7.14 and 7.22 of this Act to the attorney or guardian ad litem
appointed under Section 2-17 of the Juvenile Court Act of 1987
and to any person authorized under paragraphs (1), (2), (3) and
(11) of Section 11.1. In addition, State's Attorneys are
authorized to receive unfounded reports (i) for prosecution
purposes related to the transmission of false reports of child
abuse or neglect in violation of subsection (a), paragraph (7)
of Section 26-1 of the Criminal Code of 2012 or (ii) for the
purposes of screening and prosecuting a petition filed under
Article II of the Juvenile Court Act of 1987 alleging a
subsequent allegation of abuse or neglect relating to the same
child, a sibling of the child, or the same perpetrator; the
parties to the proceedings filed under Article II of the
Juvenile Court Act of 1987 are entitled to receive copies of
previously unfounded reports regarding the same child, a
sibling of the child, or the same perpetrator for purposes of
hearings under Sections 2-10 and 2-21 of the Juvenile Court Act
of 1987, and attorneys and guardians ad litem appointed under
Article II of the Juvenile Court Act of 1987 shall receive the
reports set forth in Section 7.14 of this Act in conformance
with paragraph (19) of Section 11.1 and Section 7.14 of this
Act. The Department of Public Health shall receive information
from unfounded reports involving children alleged to have been
abused or neglected while hospitalized, including while
hospitalized in freestanding psychiatric hospitals licensed by
the Department of Public Health, as necessary for the
Department of Public Health to conduct its licensing
investigation. The Department is authorized and required to
release information from unfounded reports, upon request by a
person who has access to the unfounded report as provided in
this Act, as necessary in its determination to protect children
and adult residents who are in child care facilities licensed
by the Department under the Child Care Act of 1969. The names
and other identifying data and the dates and the circumstances
of any persons requesting or receiving information from the
central register shall be entered in the register record.
(Source: P.A. 98-807, eff. 8-1-14; 99-78, eff. 7-20-15; 99-349,
eff. 1-1-16; 99-350, eff. 6-1-16; 99-642, eff. 7-28-16.)
 
    (325 ILCS 5/11.1)  (from Ch. 23, par. 2061.1)
    Sec. 11.1. Access to records.
    (a) A person shall have access to the records described in
Section 11 only in furtherance of purposes directly connected
with the administration of this Act or the Intergovernmental
Missing Child Recovery Act of 1984. Those persons and purposes
for access include:
        (1) Department staff in the furtherance of their
    responsibilities under this Act, or for the purpose of
    completing background investigations on persons or
    agencies licensed by the Department or with whom the
    Department contracts for the provision of child welfare
    services.
        (2) A law enforcement agency investigating known or
    suspected child abuse or neglect, known or suspected
    involvement with child pornography, known or suspected
    criminal sexual assault, known or suspected criminal
    sexual abuse, or any other sexual offense when a child is
    alleged to be involved.
        (3) The Department of State Police when administering
    the provisions of the Intergovernmental Missing Child
    Recovery Act of 1984.
        (4) A physician who has before him a child whom he
    reasonably suspects may be abused or neglected.
        (5) A person authorized under Section 5 of this Act to
    place a child in temporary protective custody when such
    person requires the information in the report or record to
    determine whether to place the child in temporary
    protective custody.
        (6) A person having the legal responsibility or
    authorization to care for, treat, or supervise a child, or
    a parent, prospective adoptive parent, foster parent,
    guardian, or other person responsible for the child's
    welfare, who is the subject of a report.
        (7) Except in regard to harmful or detrimental
    information as provided in Section 7.19, any subject of the
    report, and if the subject of the report is a minor, his
    guardian or guardian ad litem.
        (8) A court, upon its finding that access to such
    records may be necessary for the determination of an issue
    before such court; however, such access shall be limited to
    in camera inspection, unless the court determines that
    public disclosure of the information contained therein is
    necessary for the resolution of an issue then pending
    before it.
        (8.1) A probation officer or other authorized
    representative of a probation or court services department
    conducting an investigation ordered by a court under the
    Juvenile Court Act of 1987.
        (9) A grand jury, upon its determination that access to
    such records is necessary in the conduct of its official
    business.
        (10) Any person authorized by the Director, in writing,
    for audit or bona fide research purposes.
        (11) Law enforcement agencies, coroners or medical
    examiners, physicians, courts, school superintendents and
    child welfare agencies in other states who are responsible
    for child abuse or neglect investigations or background
    investigations.
        (12) The Department of Professional Regulation, the
    State Board of Education and school superintendents in
    Illinois, who may use or disclose information from the
    records as they deem necessary to conduct investigations or
    take disciplinary action, as provided by law.
        (13) A coroner or medical examiner who has reason to
    believe that a child has died as the result of abuse or
    neglect.
        (14) The Director of a State-operated facility when an
    employee of that facility is the perpetrator in an
    indicated report.
        (15) The operator of a licensed child care facility or
    a facility licensed by the Department of Human Services (as
    successor to the Department of Alcoholism and Substance
    Abuse) in which children reside when a current or
    prospective employee of that facility is the perpetrator in
    an indicated child abuse or neglect report, pursuant to
    Section 4.3 of the Child Care Act of 1969.
        (16) Members of a multidisciplinary team in the
    furtherance of its responsibilities under subsection (b)
    of Section 7.1. All reports concerning child abuse and
    neglect made available to members of such
    multidisciplinary teams and all records generated as a
    result of such reports shall be confidential and shall not
    be disclosed, except as specifically authorized by this Act
    or other applicable law. It is a Class A misdemeanor to
    permit, assist or encourage the unauthorized release of any
    information contained in such reports or records. Nothing
    contained in this Section prevents the sharing of reports
    or records relating or pertaining to the death of a minor
    under the care of or receiving services from the Department
    of Children and Family Services and under the jurisdiction
    of the juvenile court with the juvenile court, the State's
    Attorney, and the minor's attorney.
        (17) The Department of Human Services, as provided in
    Section 17 of the Rehabilitation of Persons with
    Disabilities Act.
        (18) Any other agency or investigative body, including
    the Department of Public Health and a local board of
    health, authorized by State law to conduct an investigation
    into the quality of care provided to children in hospitals
    and other State regulated care facilities. The access to
    and release of information from such records shall be
    subject to the approval of the Director of the Department
    or his designee.
        (19) The person appointed, under Section 2-17 of the
    Juvenile Court Act of 1987, as the guardian ad litem of a
    minor who is the subject of a report or records under this
    Act; or the person appointed, under Section 5-610 of the
    Juvenile Court Act of 1987, as the guardian ad litem of a
    minor who is in the custody or guardianship of the
    Department or who has an open intact family services case
    with the Department and who is the subject of a report or
    records made pursuant to this Act.
        (20) The Department of Human Services, as provided in
    Section 10 of the Early Intervention Services System Act,
    and the operator of a facility providing early intervention
    services pursuant to that Act, for the purpose of
    determining whether a current or prospective employee who
    provides or may provide direct services under that Act is
    the perpetrator in an indicated report of child abuse or
    neglect filed under this Act.
    (b) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
    (c) To the extent that persons or agencies are given access
to information pursuant to this Section, those persons or
agencies may give this information to and receive this
information from each other in order to facilitate an
investigation conducted by those persons or agencies.
(Source: P.A. 99-143, eff. 7-27-15; 100-158, eff. 1-1-18.)

Effective Date: 1/1/2020