[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0516
SB82 Enrolled LRB9100951SMprA
AN ACT to amend the Abused and Neglected Child Reporting
Act by changing Section 4.
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 Section 4 as follows:
(325 ILCS 5/4) (from Ch. 23, par. 2054)
Sec. 4. Any physician, resident, intern, hospital,
hospital administrator and personnel engaged in examination,
care and treatment of persons, surgeon, dentist, dentist
hygienist, osteopath, chiropractor, podiatrist, physician
assistant, substance abuse treatment personnel, Christian
Science practitioner, funeral home director or employee,
coroner, medical examiner, emergency medical technician,
acupuncturist, crisis line or hotline personnel, school
personnel, educational advocate assigned to a child pursuant
to the School Code, truant officers, social worker, social
services administrator, domestic violence program personnel,
registered nurse, licensed practical nurse, advanced practice
nurse, home health aide, director or staff assistant of a
nursery school or a child day care center, recreational
program or facility personnel, law enforcement officer,
registered psychologist and assistants working under the
direct supervision of a psychologist, psychiatrist, or field
personnel of the Illinois Department of Public Aid, Public
Health, Human Services (acting as successor to the Department
of Mental Health and Developmental Disabilities,
Rehabilitation Services, or Public Aid), Corrections, Human
Rights, or Children and Family Services, supervisor and
administrator of general assistance under the Illinois Public
Aid Code, probation officer, or any other foster parent,
homemaker or child care worker having reasonable cause to
believe a child known to them in their professional or
official capacity may be an abused child or a neglected child
shall immediately report or cause a report to be made to the
Department. Whenever such person is required to report under
this Act in his capacity as a member of the staff of a
medical or other public or private institution, school,
facility or agency, he shall make report immediately to the
Department in accordance with the provisions of this Act and
may also notify the person in charge of such institution,
school, facility or agency or his designated agent that such
report has been made. Under no circumstances shall any
person in charge of such institution, school, facility or
agency, or his designated agent to whom such notification has
been made, exercise any control, restraint, modification or
other change in the report or the forwarding of such report
to the Department. The privileged quality of communication
between any professional person required to report and his
patient or client shall not apply to situations involving
abused or neglected children and shall not constitute grounds
for failure to report as required by this Act. In addition
to the above persons required to report suspected cases of
abused or neglected children, any other person may make a
report if such person has reasonable cause to believe a child
may be an abused child or a neglected child. Any person who
enters into employment on and after July 1, 1986 and is
mandated by virtue of that employment to report under this
Act, shall sign a statement on a form prescribed by the
Department, to the effect that the employee has knowledge and
understanding of the reporting requirements of this Act. The
statement shall be signed prior to commencement of the
employment. The signed statement shall be retained by the
employer. The cost of printing, distribution, and filing of
the statement shall be borne by the employer. The Department
shall provide copies of this Act, upon request, to all
employers employing persons who shall be required under the
provisions of this Section to report under this Act.
Any person who knowingly transmits a false report to the
Department commits the offense of disorderly conduct under
subsection (a)(7) of Section 26-1 of the "Criminal Code of
1961". Any person who violates this provision a second or
subsequent time shall be guilty of a Class 4 felony.
Any person who knowingly and willfully violates any
provision of this Section other than a second or subsequent
violation of transmitting a false report as described in the
preceding paragraph, shall be guilty of a Class A
misdemeanor.
A child whose parent, guardian or custodian in good faith
selects and depends upon spiritual means through prayer
alone for the treatment or cure of disease or remedial care
may be considered neglected or abused, but not for the sole
reason that his parent, guardian or custodian accepts and
practices such beliefs.
A child shall not be considered neglected or abused
solely because the child is not attending school in
accordance with the requirements of Article 26 of the School
Code, as amended.
(Source: P.A. 89-363, eff. 1-1-96; 89-507, eff. 7-1-97;
89-706, eff. 1-31-97; 90-116, eff. 7-14-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.
[ Top ]