Rep. Carol Ammons

Filed: 3/23/2022





10200HB1019ham001LRB102 03032 KTG 37822 a


2    AMENDMENT NO. ______. Amend House Bill 1019 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Abused and Neglected Child Reporting Act
5is amended by changing Section 4 as follows:
6    (325 ILCS 5/4)
7    Sec. 4. Persons required to report; privileged
8communications; transmitting false report.
9    (a) The following persons are required to immediately
10report to the Department when they have reasonable cause to
11believe that a child known to them in their professional or
12official capacities may be an abused child or a neglected
14        (1) Medical personnel, including any: physician
15    licensed to practice medicine in any of its branches
16    (medical doctor or doctor of osteopathy); resident;



10200HB1019ham001- 2 -LRB102 03032 KTG 37822 a

1    intern; medical administrator or personnel engaged in the
2    examination, care, and treatment of persons; psychiatrist;
3    surgeon; dentist; dental hygienist; chiropractic
4    physician; podiatric physician; physician assistant;
5    emergency medical technician; acupuncturist; registered
6    nurse; licensed practical nurse; advanced practice
7    registered nurse; genetic counselor; respiratory care
8    practitioner; home health aide; or certified nursing
9    assistant.
10        (2) Social services and mental health personnel,
11    including any: licensed professional counselor; licensed
12    clinical professional counselor; licensed social worker;
13    licensed clinical social worker; licensed psychologist or
14    assistant working under the direct supervision of a
15    psychologist; associate licensed marriage and family
16    therapist; licensed marriage and family therapist; field
17    personnel of the Departments of Healthcare and Family
18    Services, Public Health, Human Services, Human Rights, or
19    Children and Family Services; supervisor or administrator
20    of the General Assistance program established under
21    Article VI of the Illinois Public Aid Code; social
22    services administrator; or substance abuse treatment
23    personnel.
24        (3) Crisis intervention personnel, including any:
25    crisis line or hotline personnel; or domestic violence
26    program personnel.



10200HB1019ham001- 3 -LRB102 03032 KTG 37822 a

1        (4) Education personnel, including any: school
2    personnel (including administrators and certified and
3    non-certified school employees); personnel of institutions
4    of higher education; educational advocate assigned to a
5    child in accordance with the School Code; member of a
6    school board or the Chicago Board of Education or the
7    governing body of a private school (but only to the extent
8    required under subsection (d)); or truant officer.
9        (5) Recreation or athletic program or facility
10    personnel.
11        (6) Child care personnel, including any: early
12    intervention provider as defined in the Early Intervention
13    Services System Act; director or staff assistant of a
14    nursery school or a child day care center; or foster
15    parent, homemaker, or child care worker.
16        (7) Law enforcement personnel, including any: law
17    enforcement officer; field personnel of the Department of
18    Juvenile Justice; field personnel of the Department of
19    Corrections; probation officer; or animal control officer
20    or field investigator of the Department of Agriculture's
21    Bureau of Animal Health and Welfare.
22        (8) Any funeral home director; funeral home director
23    and embalmer; funeral home employee; coroner; or medical
24    examiner.
25        (9) Any member of the clergy.
26        (10) Any physician, physician assistant, registered



10200HB1019ham001- 4 -LRB102 03032 KTG 37822 a

1    nurse, licensed practical nurse, medical technician,
2    certified nursing assistant, licensed social worker,
3    licensed clinical social worker, or licensed professional
4    counselor of any office, clinic, or any other physical
5    location that provides abortions, abortion referrals, or
6    contraceptives.
7    (b) When 2 or more persons who work within the same
8workplace and are required to report under this Act share a
9reasonable cause to believe that a child may be an abused or
10neglected child, one of those reporters may be designated to
11make a single report. The report shall include the names and
12contact information for the other mandated reporters sharing
13the reasonable cause to believe that a child may be an abused
14or neglected child. The designated reporter must provide
15written confirmation of the report to those mandated reporters
16within 48 hours. If confirmation is not provided, those
17mandated reporters are individually responsible for
18immediately ensuring a report is made. Nothing in this Section
19precludes or may be used to preclude any person from reporting
20child abuse or child neglect.
21    (c)(1) As used in this Section, "a child known to them in
22their professional or official capacities" means:
23        (A) the mandated reporter comes into contact with the
24    child in the course of the reporter's employment or
25    practice of a profession, or through a regularly scheduled
26    program, activity, or service;



10200HB1019ham001- 5 -LRB102 03032 KTG 37822 a

1        (B) the mandated reporter is affiliated with an
2    agency, institution, organization, school, school
3    district, regularly established church or religious
4    organization, or other entity that is directly responsible
5    for the care, supervision, guidance, or training of the
6    child; or
7        (C) a person makes a specific disclosure to the
8    mandated reporter that an identifiable child is the victim
9    of child abuse or child neglect, and the disclosure
10    happens while the mandated reporter is engaged in his or
11    her employment or practice of a profession, or in a
12    regularly scheduled program, activity, or service.
13    (2) Nothing in this Section requires a child to come
14before the mandated reporter in order for the reporter to make
15a report of suspected child abuse or child neglect.
16    (d) If an allegation is raised to a school board member
17during the course of an open or closed school board meeting
18that a child who is enrolled in the school district of which he
19or she is a board member is an abused child as defined in
20Section 3 of this Act, the member shall direct or cause the
21school board to direct the superintendent of the school
22district or other equivalent school administrator to comply
23with the requirements of this Act concerning the reporting of
24child abuse. For purposes of this paragraph, a school board
25member is granted the authority in his or her individual
26capacity to direct the superintendent of the school district



10200HB1019ham001- 6 -LRB102 03032 KTG 37822 a

1or other equivalent school administrator to comply with the
2requirements of this Act concerning the reporting of child
4    Notwithstanding any other provision of this Act, if an
5employee of a school district has made a report or caused a
6report to be made to the Department under this Act involving
7the conduct of a current or former employee of the school
8district and a request is made by another school district for
9the provision of information concerning the job performance or
10qualifications of the current or former employee because he or
11she is an applicant for employment with the requesting school
12district, the general superintendent of the school district to
13which the request is being made must disclose to the
14requesting school district the fact that an employee of the
15school district has made a report involving the conduct of the
16applicant or caused a report to be made to the Department, as
17required under this Act. Only the fact that an employee of the
18school district has made a report involving the conduct of the
19applicant or caused a report to be made to the Department may
20be disclosed by the general superintendent of the school
21district to which the request for information concerning the
22applicant is made, and this fact may be disclosed only in cases
23where the employee and the general superintendent have not
24been informed by the Department that the allegations were
25unfounded. An employee of a school district who is or has been
26the subject of a report made pursuant to this Act during his or



10200HB1019ham001- 7 -LRB102 03032 KTG 37822 a

1her employment with the school district must be informed by
2that school district that if he or she applies for employment
3with another school district, the general superintendent of
4the former school district, upon the request of the school
5district to which the employee applies, shall notify that
6requesting school district that the employee is or was the
7subject of such a report.
8    (e) Whenever such person is required to report under this
9Act in his capacity as a member of the staff of a medical or
10other public or private institution, school, facility or
11agency, or as a member of the clergy, he shall make report
12immediately to the Department in accordance with the
13provisions of this Act and may also notify the person in charge
14of such institution, school, facility or agency, or church,
15synagogue, temple, mosque, or other religious institution, or
16his designated agent that such report has been made. Under no
17circumstances shall any person in charge of such institution,
18school, facility or agency, or church, synagogue, temple,
19mosque, or other religious institution, or his designated
20agent to whom such notification has been made, exercise any
21control, restraint, modification or other change in the report
22or the forwarding of such report to the Department.
23    (f) In addition to the persons required to report
24suspected cases of child abuse or child neglect under this
25Section, any other person may make a report if such person has
26reasonable cause to believe a child may be an abused child or a



10200HB1019ham001- 8 -LRB102 03032 KTG 37822 a

1neglected child.
2    (g) The privileged quality of communication between any
3professional person required to report and his patient or
4client shall not apply to situations involving abused or
5neglected children and shall not constitute grounds for
6failure to report as required by this Act or constitute
7grounds for failure to share information or documents with the
8Department during the course of a child abuse or neglect
9investigation. If requested by the professional, the
10Department shall confirm in writing that the information or
11documents disclosed by the professional were gathered in the
12course of a child abuse or neglect investigation.
13    The reporting requirements of this Act shall not apply to
14the contents of a privileged communication between an attorney
15and his or her client or to confidential information within
16the meaning of Rule 1.6 of the Illinois Rules of Professional
17Conduct relating to the legal representation of an individual
19    A member of the clergy may claim the privilege under
20Section 8-803 of the Code of Civil Procedure.
21    (h) Any office, clinic, or any other physical location
22that provides abortions, abortion referrals, or contraceptives
23shall provide to all office personnel copies of written
24information and training materials about abuse and neglect and
25the requirements of this Act that are provided to employees of
26the office, clinic, or physical location who are required to



10200HB1019ham001- 9 -LRB102 03032 KTG 37822 a

1make reports to the Department under this Act, and instruct
2such office personnel to bring to the attention of an employee
3of the office, clinic, or physical location who is required to
4make reports to the Department under this Act any reasonable
5suspicion that a child known to him or her in his or her
6professional or official capacity may be an abused child or a
7neglected child.
8    (i) Any person who enters into employment on and after
9July 1, 1986 and is mandated by virtue of that employment to
10report under this Act, shall sign a statement on a form
11prescribed by the Department, to the effect that the employee
12has knowledge and understanding of the reporting requirements
13of this Act. On and after January 1, 2019, the statement shall
14also include information about available mandated reporter
15training provided by the Department. The statement shall be
16signed prior to commencement of the employment. The signed
17statement shall be retained by the employer. The cost of
18printing, distribution, and filing of the statement shall be
19borne by the employer.
20    (j) Persons required to report child abuse or child
21neglect as provided under this Section must complete an
22initial mandated reporter training, including a section on
23implicit bias and a section on the consequences and results of
24hotline calls and Department investigations, within 3 months
25of their date of engagement in a professional or official
26capacity as a mandated reporter, or within the time frame of



10200HB1019ham001- 10 -LRB102 03032 KTG 37822 a

1any other applicable State law that governs training
2requirements for a specific profession, and at least every 3
3years thereafter. The initial requirement only applies to the
4first time they engage in their professional or official
5capacity. In lieu of training every 3 years, medical
6personnel, as listed in paragraph (1) of subsection (a), must
7meet the requirements described in subsection (k).
8    The mandated reporter trainings shall be in-person or
9web-based, and shall include, at a minimum, information on the
10following topics: (i) indicators for recognizing child abuse
11and child neglect, as defined under this Act; (ii) the process
12for reporting suspected child abuse and child neglect in
13Illinois as required by this Act and the required
14documentation; (iii) responding to a child in a
15trauma-informed manner; and (iv) understanding the response of
16child protective services and the role of the reporter after a
17call has been made. Child-serving organizations are encouraged
18to provide in-person annual trainings.
19    The implicit bias section shall be in-person or web-based,
20and shall include, at a minimum, information on the following
21topics: (i) implicit bias and (ii) racial and ethnic
22sensitivity. As used in this subsection, "implicit bias" means
23the attitudes or internalized stereotypes that affect people's
24perceptions, actions, and decisions in an unconscious manner
25and that exist and often contribute to unequal treatment of
26people based on race, ethnicity, gender identity, sexual



10200HB1019ham001- 11 -LRB102 03032 KTG 37822 a

1orientation, age, disability, and other characteristics. The
2implicit bias section shall provide tools to adjust automatic
3patterns of thinking and ultimately eliminate discriminatory
4behaviors. During these trainings mandated reporters shall
5complete the following: (1) a pretest to assess baseline
6implicit bias levels; (2) an implicit bias training task; and
7(3) a posttest to reevaluate bias levels after training. The
8implicit bias curriculum for mandated reporters shall be
9developed within one year after the effective date of this
10amendatory Act of the 102nd General Assembly and shall be
11created in consultation with organizations demonstrating
12expertise and or experience in the areas of implicit bias,
13youth and adolescent developmental issues, prevention of child
14abuse, exploitation, and neglect, culturally diverse family
15systems, and the child welfare system.
16    The section on the consequences and results of hotline
17calls and Department investigations shall be in-person or
18web-based, and shall include, at a minimum, information on the
19following topics: (i) the procedural process after a hotline
20call is made, including, but not limited to, how the
21Department decides whether or not to accept a call, the
22initial investigation, the full investigation, the
23implications of each investigation outcome (unfounded,
24indicated, undetermined), and how an indicated finding can
25trigger court involvement; (ii) actions the Department is
26authorized to take during the investigative process, including



10200HB1019ham001- 12 -LRB102 03032 KTG 37822 a

1conducting interviews of caregivers, children, and others;
2conducting searches of homes, locations, and persons; taking
3photographs or x-rays; taking protective custody; and entering
4into a Safety Plan with the person under investigation, with
5descriptions thereof and how children and families are made
6aware of these actions and their rights during the
7investigative process; (iii) data from the last 5 annual
8Disproportionality and Disparity reports, published by the
9Children and Family Research Center, that detail the racial
10disproportionality present at each key decision point of
11system involvement; (iv) the trauma caused to children and
12families by family separation, even for 48 hours or less; and
13(v) how records of indicated, unfounded, and undetermined
14investigations are retained and used by the Department and
15other public entities, including lengths of time records are
16retained based on a case's allegations and determination.
17    The mandated reporter training, including a section on
18implicit bias and a section on the consequences and results of
19hotline calls and Department investigations, shall be provided
20through the Department, through an entity authorized to
21provide continuing education for professionals licensed
22through the Department of Financial and Professional
23Regulation, the State Board of Education, the Illinois Law
24Enforcement Training Standards Board, or the Department of
25State Police, or through an organization approved by the
26Department to provide mandated reporter training, including a



10200HB1019ham001- 13 -LRB102 03032 KTG 37822 a

1section on implicit bias and a section on the consequences and
2results of hotline calls and Department investigations. The
3Department must make available a free web-based training for
5    Each mandated reporter shall report to his or her employer
6and, when applicable, to his or her licensing or certification
7board that he or she received the mandated reporter training.
8The mandated reporter shall maintain records of completion.
9    Beginning January 1, 2021, if a mandated reporter receives
10licensure from the Department of Financial and Professional
11Regulation or the State Board of Education, and his or her
12profession has continuing education requirements, the training
13mandated under this Section shall count toward meeting the
14licensee's required continuing education hours.
15    Beginning January 1, 2023, any additions or updates to the
16mandated reporting training required under this subsection
17shall be reflected in all manuals or guides for mandated
18reporters about their duty to report.
19    (k)(1) Medical personnel, as listed in paragraph (1) of
20subsection (a), who work with children in their professional
21or official capacity, must complete mandated reporter training
22at least every 6 years. Such medical personnel, if licensed,
23must attest at each time of licensure renewal on their renewal
24form that they understand they are a mandated reporter of
25child abuse and neglect, that they are aware of the process for
26making a report, that they know how to respond to a child in a



10200HB1019ham001- 14 -LRB102 03032 KTG 37822 a

1trauma-informed manner, and that they are aware of the role of
2child protective services and the role of a reporter after a
3call has been made.
4    (2) In lieu of repeated training, medical personnel, as
5listed in paragraph (1) of subsection (a), who do not work with
6children in their professional or official capacity, may
7instead attest each time at licensure renewal on their renewal
8form that they understand they are a mandated reporter of
9child abuse and neglect, that they are aware of the process for
10making a report, that they know how to respond to a child in a
11trauma-informed manner, and that they are aware of the role of
12child protective services and the role of a reporter after a
13call has been made. Nothing in this paragraph precludes
14medical personnel from completing mandated reporter training
15and receiving continuing education credits for that training.
16    (l) The Department shall provide copies of this Act, upon
17request, to all employers employing persons who shall be
18required under the provisions of this Section to report under
19this Act.
20    (m) Any person who knowingly transmits a false report to
21the Department commits the offense of disorderly conduct under
22subsection (a)(7) of Section 26-1 of the Criminal Code of
232012. A violation of this provision is a Class 4 felony.
24    Any person who knowingly and willfully violates any
25provision of this Section other than a second or subsequent
26violation of transmitting a false report as described in the



10200HB1019ham001- 15 -LRB102 03032 KTG 37822 a

1preceding paragraph, is guilty of a Class A misdemeanor for a
2first violation and a Class 4 felony for a second or subsequent
3violation; except that if the person acted as part of a plan or
4scheme having as its object the prevention of discovery of an
5abused or neglected child by lawful authorities for the
6purpose of protecting or insulating any person or entity from
7arrest or prosecution, the person is guilty of a Class 4 felony
8for a first offense and a Class 3 felony for a second or
9subsequent offense (regardless of whether the second or
10subsequent offense involves any of the same facts or persons
11as the first or other prior offense).
12    (n) A child whose parent, guardian or custodian in good
13faith selects and depends upon spiritual means through prayer
14alone for the treatment or cure of disease or remedial care may
15be considered neglected or abused, but not for the sole reason
16that his parent, guardian or custodian accepts and practices
17such beliefs.
18    (o) A child shall not be considered neglected or abused
19solely because the child is not attending school in accordance
20with the requirements of Article 26 of the School Code, as
22    (p) Nothing in this Act prohibits a mandated reporter who
23reasonably believes that an animal is being abused or
24neglected in violation of the Humane Care for Animals Act from
25reporting animal abuse or neglect to the Department of
26Agriculture's Bureau of Animal Health and Welfare.



10200HB1019ham001- 16 -LRB102 03032 KTG 37822 a

1    (q) A home rule unit may not regulate the reporting of
2child abuse or neglect in a manner inconsistent with the
3provisions of this Section. This Section is a limitation under
4subsection (i) of Section 6 of Article VII of the Illinois
5Constitution on the concurrent exercise by home rule units of
6powers and functions exercised by the State.
7    (r) For purposes of this Section "child abuse or neglect"
8includes abuse or neglect of an adult resident as defined in
9this Act.
10(Source: P.A. 101-564, eff. 1-1-20; 102-604, eff. 1-1-22.)".