Sen. David Koehler

Filed: 3/31/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 646 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 7.4 as follows:
6    (325 ILCS 5/7.4)  (from Ch. 23, par. 2057.4)
7    Sec. 7.4. (a) The Department shall be capable of receiving
8reports of suspected child abuse or neglect 24 hours a day, 7
9days a week. Whenever the Department receives a report alleging
10that a child is a truant as defined in Section 26-2a of The
11School Code, as now or hereafter amended, the Department shall
12notify the superintendent of the school district in which the
13child resides and the appropriate superintendent of the
14educational service region. The notification to the
15appropriate officials by the Department shall not be considered
16an allegation of abuse or neglect under this Act.



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1    (a-5) Beginning January 1, 2010, the Department of Children
2and Family Services may implement a 5-year demonstration of a
3"differential response program" in accordance with criteria,
4standards, and procedures prescribed by rule. The program may
5provide that, upon receiving a report, the Department shall
6determine whether to conduct a family assessment or an
7investigation as appropriate to prevent or provide a remedy for
8child abuse or neglect.
9    For purposes of this subsection (a-5), "family assessment"
10means a comprehensive assessment of child safety, risk of
11subsequent child maltreatment, and family strengths and needs
12that is applied to a child maltreatment report that does not
13allege substantial child endangerment. "Family assessment"
14does not include a determination as to whether child
15maltreatment occurred but does determine the need for services
16to address the safety of family members and the risk of
17subsequent maltreatment.
18    For purposes of this subsection (a-5), "investigation"
19means fact-gathering related to the current safety of a child
20and the risk of subsequent abuse or neglect that determines
21whether a report of suspected child abuse or neglect should be
22indicated or unfounded and whether child protective services
23are needed.
24    Under the "differential response program" implemented
25under this subsection (a-5), the Department:
26        (1) Shall conduct an investigation on reports



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1    involving substantial child abuse or neglect.
2        (2) Shall begin an immediate investigation if, at any
3    time when it is using a family assessment response, it
4    determines that there is reason to believe that substantial
5    child abuse or neglect or a serious threat to the child's
6    safety exists.
7        (3) May conduct a family assessment for reports that do
8    not allege substantial child endangerment. In determining
9    that a family assessment is appropriate, the Department may
10    consider issues including, but not limited to, child
11    safety, parental cooperation, and the need for an immediate
12    response.
13        (4) Shall promulgate criteria, standards, and
14    procedures that shall be applied in making this
15    determination, taking into consideration the Child
16    Endangerment Risk Assessment Protocol of the Department.
17        (5) May conduct a family assessment on a report that
18    was initially screened and assigned for an investigation.
19    In determining that a complete investigation is not
20required, the Department must document the reason for
21terminating the investigation and notify the local law
22enforcement agency or the Department of State Police if the
23local law enforcement agency or Department of State Police is
24conducting a joint investigation.
25    Once it is determined that a "family assessment" will be
26implemented, the case shall not be reported to the central



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1register of abuse and neglect reports.
2    During a family assessment, the Department shall collect
3any available and relevant information to determine child
4safety, risk of subsequent abuse or neglect, and family
6    Information collected includes, but is not limited to, when
7relevant: information with regard to the person reporting the
8alleged abuse or neglect, including the nature of the
9reporter's relationship to the child and to the alleged
10offender, and the basis of the reporter's knowledge for the
11report; the child allegedly being abused or neglected; the
12alleged offender; the child's caretaker; and other collateral
13sources having relevant information related to the alleged
14abuse or neglect. Information relevant to the assessment must
15be asked for, and may include:
16        (A) The child's sex and age, prior reports of abuse or
17    neglect, information relating to developmental
18    functioning, credibility of the child's statement, and
19    whether the information provided under this paragraph (A)
20    is consistent with other information collected during the
21    course of the assessment or investigation.
22        (B) The alleged offender's age, a record check for
23    prior reports of abuse or neglect, and criminal charges and
24    convictions. The alleged offender may submit supporting
25    documentation relevant to the assessment.
26        (C) Collateral source information regarding the



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1    alleged abuse or neglect and care of the child. Collateral
2    information includes, when relevant: (i) a medical
3    examination of the child; (ii) prior medical records
4    relating to the alleged maltreatment or care of the child
5    maintained by any facility, clinic, or health care
6    professional, and an interview with the treating
7    professionals; and (iii) interviews with the child's
8    caretakers, including the child's parent, guardian, foster
9    parent, child care provider, teachers, counselors, family
10    members, relatives, and other persons who may have
11    knowledge regarding the alleged maltreatment and the care
12    of the child.
13        (D) Information on the existence of domestic abuse and
14    violence in the home of the child, and substance abuse.
15    Nothing in this subsection (a-5) precludes the Department
16from collecting other relevant information necessary to
17conduct the assessment or investigation. Nothing in this
18subsection (a-5) shall be construed to allow the name or
19identity of a reporter to be disclosed in violation of the
20protections afforded under Section 7.19 of this Act.
21    After conducting the family assessment, the Department
22shall determine whether services are needed to address the
23safety of the child and other family members and the risk of
24subsequent abuse or neglect.
25    Upon completion of the family assessment, if the Department
26concludes that no services shall be offered, then the case



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1shall be closed. If the Department concludes that services
2shall be offered, the Department shall develop a family
3preservation plan and offer or refer services to the family.
4    At any time during a family assessment, if the Department
5believes there is any reason to stop the assessment and conduct
6an investigation based on the information discovered, the
7Department shall do so.
8    The procedures available to the Department in conducting
9investigations under this Act shall be followed as appropriate
10during a family assessment.
11    The Department shall arrange for an independent evaluation
12of the "differential response program" authorized and
13implemented under this subsection (a-5) to determine whether it
14is meeting the goals in accordance with Section 2 of this Act.
15The Department may adopt administrative rules necessary for the
16execution of this Section, in accordance with Section 4 of the
17Children and Family Services Act.
18    The demonstration conducted under this subsection (a-5)
19shall become a permanent program on July 1, 2016, upon
20completion of the demonstration project period.
21    (a-6) As used in this subsection:
22    "Domestic violence co-location program" means a program,
23administered in partnership with a co-location program
24management entity, where certified domestic violence advocates
25who are trained in domestic violence services and employed
26through a certified domestic violence provider are assigned to



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1work in a field office of the Department of Children and Family
2Services alongside and in collaboration with child welfare
3investigators and caseworkers working with families where
4there are indicators of domestic violence.
5    "Domestic violence" has the meaning ascribed to it in the
6Illinois Domestic Violence Act of 1986.
7    "Co-location program management entity" means the
8organization that partners with the Department to administer
9the domestic violence co-location program.
10    "Certified domestic violence advocate" means a domestic
11violence professional who has completed the requirements as
12specified in the certification criteria of the Illinois
13Certified Domestic Violence Professionals.
14    Subject to appropriations or the availability of other
15funds for this purpose, the Department may implement a 5-year
16pilot program of a domestic violence co-location program. The
17domestic violence co-location program shall be designed to
18improve child welfare interventions provided to families
19experiencing domestic violence in part by enhancing the safety
20and stability of children, reducing the number of children
21removed from their parents, and improving outcomes for children
22within their families through a strength-based and
23trauma-informed collaborative support program. The pilot
24program shall occur in no fewer than 3 Department offices.
25Additional sites may be added during the pilot program, and the
26pilot program may be expanded and converted into a permanent



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1statewide program.
2    The Department shall adopt rules and procedures and shall
3develop and facilitate training for the effective
4implementation of the domestic violence co-location program.
5    The Department shall track, collect, report on, and share
6data about domestic violence-affected families, including, but
7not limited to, data related to hotline calls, investigations,
8protective custody, cases referred to the juvenile court, and
9outcomes of the domestic violence co-location program.
10    The Department may arrange for an independent,
11evidence-based evaluation of the domestic violence co-location
12program authorized and implemented under this subsection to
13determine whether it is meeting its goals. The independent
14evidence-based evaluation may include, but is not limited to,
15data regarding: (i) the number of children removed from their
16parents; (ii) the number of children who remain with the
17non-offending parent; (iii) the number of indicated and
18unfounded investigative findings and corresponding allegations
19of maltreatment for the non-offending parent and domestic
20violence perpetrator; (iv) the number of referrals to the
21co-located certified domestic violence advocates; (v) the
22number of referrals for services; and (vi) the number of months
23that children remained in foster care whose cases involved the
24co-located certified domestic violence advocate.
25    Following the expiration of the 5-year pilot program or
26prior to the expiration of the pilot program, if there is



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1evidence that the pilot program is effective, the domestic
2violence co-location program may expand into each county,
3investigative office of the Department of Children and Family
4Services, or purchase of service or other contracted private
5agency delivering intact family or foster care services in
7    Nothing in this Section shall be construed to breach the
8confidentiality protections provided under State law to
9domestic violence professionals, including co-located
10certified domestic violence advocates, in the provision of
11services to domestic violence victims as employees of certified
12domestic violence agencies or to any individual who receives
13services from certified domestic violence agencies.
14    (b)(1) The following procedures shall be followed in the
15investigation of all reports of suspected abuse or neglect of a
16child, except as provided in subsection (c) of this Section.
17    (2) If, during a family assessment authorized by subsection
18(a-5) or an investigation, it appears that the immediate safety
19or well-being of a child is endangered, that the family may
20flee or the child disappear, or that the facts otherwise so
21warrant, the Child Protective Service Unit shall commence an
22investigation immediately, regardless of the time of day or
23night. All other investigations shall be commenced within 24
24hours of receipt of the report. Upon receipt of a report, the
25Child Protective Service Unit shall conduct a family assessment
26authorized by subsection (a-5) or begin an initial



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1investigation and make an initial determination whether the
2report is a good faith indication of alleged child abuse or
4    (3) Based on an initial investigation, if the Unit
5determines the report is a good faith indication of alleged
6child abuse or neglect, then a formal investigation shall
7commence and, pursuant to Section 7.12 of this Act, may or may
8not result in an indicated report. The formal investigation
9shall include: direct contact with the subject or subjects of
10the report as soon as possible after the report is received; an
11evaluation of the environment of the child named in the report
12and any other children in the same environment; a determination
13of the risk to such children if they continue to remain in the
14existing environments, as well as a determination of the
15nature, extent and cause of any condition enumerated in such
16report; the name, age and condition of other children in the
17environment; and an evaluation as to whether there would be an
18immediate and urgent necessity to remove the child from the
19environment if appropriate family preservation services were
20provided. After seeing to the safety of the child or children,
21the Department shall forthwith notify the subjects of the
22report in writing, of the existence of the report and their
23rights existing under this Act in regard to amendment or
24expungement. To fulfill the requirements of this Section, the
25Child Protective Service Unit shall have the capability of
26providing or arranging for comprehensive emergency services to



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1children and families at all times of the day or night.
2    (4) If (i) at the conclusion of the Unit's initial
3investigation of a report, the Unit determines the report to be
4a good faith indication of alleged child abuse or neglect that
5warrants a formal investigation by the Unit, the Department,
6any law enforcement agency or any other responsible agency and
7(ii) the person who is alleged to have caused the abuse or
8neglect is employed or otherwise engaged in an activity
9resulting in frequent contact with children and the alleged
10abuse or neglect are in the course of such employment or
11activity, then the Department shall, except in investigations
12where the Director determines that such notification would be
13detrimental to the Department's investigation, inform the
14appropriate supervisor or administrator of that employment or
15activity that the Unit has commenced a formal investigation
16pursuant to this Act, which may or may not result in an
17indicated report. The Department shall also notify the person
18being investigated, unless the Director determines that such
19notification would be detrimental to the Department's
21    (c) In an investigation of a report of suspected abuse or
22neglect of a child by a school employee at a school or on
23school grounds, the Department shall make reasonable efforts to
24follow the following procedures:
25        (1) Investigations involving teachers shall not, to
26    the extent possible, be conducted when the teacher is



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1    scheduled to conduct classes. Investigations involving
2    other school employees shall be conducted so as to minimize
3    disruption of the school day. The school employee accused
4    of child abuse or neglect may have his superior, his
5    association or union representative and his attorney
6    present at any interview or meeting at which the teacher or
7    administrator is present. The accused school employee
8    shall be informed by a representative of the Department, at
9    any interview or meeting, of the accused school employee's
10    due process rights and of the steps in the investigation
11    process. The information shall include, but need not
12    necessarily be limited to the right, subject to the
13    approval of the Department, of the school employee to
14    confront the accuser, if the accuser is 14 years of age or
15    older, or the right to review the specific allegations
16    which gave rise to the investigation, and the right to
17    review all materials and evidence that have been submitted
18    to the Department in support of the allegation. These due
19    process rights shall also include the right of the school
20    employee to present countervailing evidence regarding the
21    accusations.
22        (2) If a report of neglect or abuse of a child by a
23    teacher or administrator does not involve allegations of
24    sexual abuse or extreme physical abuse, the Child
25    Protective Service Unit shall make reasonable efforts to
26    conduct the initial investigation in coordination with the



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1    employee's supervisor.
2        If the Unit determines that the report is a good faith
3    indication of potential child abuse or neglect, it shall
4    then commence a formal investigation under paragraph (3) of
5    subsection (b) of this Section.
6        (3) If a report of neglect or abuse of a child by a
7    teacher or administrator involves an allegation of sexual
8    abuse or extreme physical abuse, the Child Protective Unit
9    shall commence an investigation under paragraph (2) of
10    subsection (b) of this Section.
11    (c-5) In any instance in which a report is made or caused
12to made by a school district employee involving the conduct of
13a person employed by the school district, at the time the
14report was made, as required under Section 4 of this Act, the
15Child Protective Service Unit shall send a copy of its final
16finding report to the general superintendent of that school
18    (d) If the Department has contact with an employer, or with
19a religious institution or religious official having
20supervisory or hierarchical authority over a member of the
21clergy accused of the abuse of a child, in the course of its
22investigation, the Department shall notify the employer or the
23religious institution or religious official, in writing, when a
24report is unfounded so that any record of the investigation can
25be expunged from the employee's or member of the clergy's
26personnel or other records. The Department shall also notify



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1the employee or the member of the clergy, in writing, that
2notification has been sent to the employer or to the
3appropriate religious institution or religious official
4informing the employer or religious institution or religious
5official that the Department's investigation has resulted in an
6unfounded report.
7    (e) Upon request by the Department, the Department of State
8Police and law enforcement agencies are authorized to provide
9criminal history record information as defined in the Illinois
10Uniform Conviction Information Act and information maintained
11in the adjudicatory and dispositional record system as defined
12in Section 2605-355 of the Department of State Police Law (20
13ILCS 2605/2605-355) to properly designated employees of the
14Department of Children and Family Services if the Department
15determines the information is necessary to perform its duties
16under the Abused and Neglected Child Reporting Act, the Child
17Care Act of 1969, and the Children and Family Services Act. The
18request shall be in the form and manner required by the
19Department of State Police. Any information obtained by the
20Department of Children and Family Services under this Section
21is confidential and may not be transmitted outside the
22Department of Children and Family Services other than to a
23court of competent jurisdiction or unless otherwise authorized
24by law. Any employee of the Department of Children and Family
25Services who transmits confidential information in violation
26of this Section or causes the information to be transmitted in



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1violation of this Section is guilty of a Class A misdemeanor
2unless the transmittal of the information is authorized by this
3Section or otherwise authorized by law.
4    (f) For purposes of this Section "child abuse or neglect"
5includes abuse or neglect of an adult resident as defined in
6this Act.
7(Source: P.A. 98-1141, eff. 12-30-14.)".