98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5487

 

Introduced , by Rep. Patricia R. Bellock

 

SYNOPSIS AS INTRODUCED:
 
325 ILCS 5/7.4  from Ch. 23, par. 2057.4

    Amends the Abused and Neglected Child Reporting Act. Provides that when a report involves a child with a developmental or cognitive disability or with a physical disability that impacts the child's ability to communicate, the Department of Children and Family Services' investigation team shall include a licensed clinical social worker and a speech language pathologist who have experience, either in a clinical setting or as a therapist in an educational setting, in working with the child's specific disability to help assess the information received from the child. Provides that these persons shall be directly involved in preparing for the investigation by building awareness of the child's communication needs, including the use of assistive technology, and reading abilities, assessing whether a reduced number of or shortened interviews are warranted, and determining the appropriate environment for interviewing the child. Provides that if a forensic interview is to be conducted, the Department shall ensure that the interviewer is trained to interview individuals with disabilities or is accompanied by the Department's licensed clinical social worker and speech language pathologist. Provides that the Department shall ensure that the interviewer has access to individualized information about the child's disability from personal records, family members or care providers, and others with relevant information prior to meeting the child. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5487LRB098 16895 KTG 51970 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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.
17    (a-5) Beginning January 1, 2010, the Department of Children
18and Family Services may implement a 5-year demonstration of a
19"differential response program" in accordance with criteria,
20standards, and procedures prescribed by rule. The program may
21provide that, upon receiving a report, the Department shall
22determine whether to conduct a family assessment or an
23investigation as appropriate to prevent or provide a remedy for

 

 

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1child abuse or neglect.
2    For purposes of this subsection (a-5), "family assessment"
3means a comprehensive assessment of child safety, risk of
4subsequent child maltreatment, and family strengths and needs
5that is applied to a child maltreatment report that does not
6allege substantial child endangerment. "Family assessment"
7does not include a determination as to whether child
8maltreatment occurred but does determine the need for services
9to address the safety of family members and the risk of
10subsequent maltreatment.
11    For purposes of this subsection (a-5), "investigation"
12means fact-gathering related to the current safety of a child
13and the risk of subsequent abuse or neglect that determines
14whether a report of suspected child abuse or neglect should be
15indicated or unfounded and whether child protective services
16are needed.
17    Under the "differential response program" implemented
18under this subsection (a-5), the Department:
19        (1) Shall conduct an investigation on reports
20    involving substantial child abuse or neglect.
21        (2) Shall begin an immediate investigation if, at any
22    time when it is using a family assessment response, it
23    determines that there is reason to believe that substantial
24    child abuse or neglect or a serious threat to the child's
25    safety exists.
26        (3) May conduct a family assessment for reports that do

 

 

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1    not allege substantial child endangerment. In determining
2    that a family assessment is appropriate, the Department may
3    consider issues including, but not limited to, child
4    safety, parental cooperation, and the need for an immediate
5    response.
6        (4) Shall promulgate criteria, standards, and
7    procedures that shall be applied in making this
8    determination, taking into consideration the Child
9    Endangerment Risk Assessment Protocol of the Department.
10        (5) May conduct a family assessment on a report that
11    was initially screened and assigned for an investigation.
12    In determining that a complete investigation is not
13required, the Department must document the reason for
14terminating the investigation and notify the local law
15enforcement agency or the Department of State Police if the
16local law enforcement agency or Department of State Police is
17conducting a joint investigation.
18    Once it is determined that a "family assessment" will be
19implemented, the case shall not be reported to the central
20register of abuse and neglect reports.
21    During a family assessment, the Department shall collect
22any available and relevant information to determine child
23safety, risk of subsequent abuse or neglect, and family
24strengths.
25    Information collected includes, but is not limited to, when
26relevant: information with regard to the person reporting the

 

 

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1alleged abuse or neglect, including the nature of the
2reporter's relationship to the child and to the alleged
3offender, and the basis of the reporter's knowledge for the
4report; the child allegedly being abused or neglected; the
5alleged offender; the child's caretaker; and other collateral
6sources having relevant information related to the alleged
7abuse or neglect. Information relevant to the assessment must
8be asked for, and may include:
9        (A) The child's sex and age, prior reports of abuse or
10    neglect, information relating to developmental
11    functioning, credibility of the child's statement, and
12    whether the information provided under this paragraph (A)
13    is consistent with other information collected during the
14    course of the assessment or investigation.
15        (B) The alleged offender's age, a record check for
16    prior reports of abuse or neglect, and criminal charges and
17    convictions. The alleged offender may submit supporting
18    documentation relevant to the assessment.
19        (C) Collateral source information regarding the
20    alleged abuse or neglect and care of the child. Collateral
21    information includes, when relevant: (i) a medical
22    examination of the child; (ii) prior medical records
23    relating to the alleged maltreatment or care of the child
24    maintained by any facility, clinic, or health care
25    professional, and an interview with the treating
26    professionals; and (iii) interviews with the child's

 

 

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1    caretakers, including the child's parent, guardian, foster
2    parent, child care provider, teachers, counselors, family
3    members, relatives, and other persons who may have
4    knowledge regarding the alleged maltreatment and the care
5    of the child.
6        (D) Information on the existence of domestic abuse and
7    violence in the home of the child, and substance abuse.
8    Nothing in this subsection (a-5) precludes the Department
9from collecting other relevant information necessary to
10conduct the assessment or investigation. Nothing in this
11subsection (a-5) shall be construed to allow the name or
12identity of a reporter to be disclosed in violation of the
13protections afforded under Section 7.19 of this Act.
14    After conducting the family assessment, the Department
15shall determine whether services are needed to address the
16safety of the child and other family members and the risk of
17subsequent abuse or neglect.
18    Upon completion of the family assessment, if the Department
19concludes that no services shall be offered, then the case
20shall be closed. If the Department concludes that services
21shall be offered, the Department shall develop a family
22preservation plan and offer or refer services to the family.
23    At any time during a family assessment, if the Department
24believes there is any reason to stop the assessment and conduct
25an investigation based on the information discovered, the
26Department shall do so.

 

 

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1    The procedures available to the Department in conducting
2investigations under this Act shall be followed as appropriate
3during a family assessment.
4    The Department shall arrange for an independent evaluation
5of the "differential response program" authorized and
6implemented under this subsection (a-5) to determine whether it
7is meeting the goals in accordance with Section 2 of this Act.
8The Department may adopt administrative rules necessary for the
9execution of this Section, in accordance with Section 4 of the
10Children and Family Services Act.
11    The demonstration conducted under this subsection (a-5)
12shall become a permanent program on January 1, 2015, upon
13completion of the demonstration project period.
14    (b) (1) The following procedures shall be followed in the
15    investigation of all reports of suspected abuse or neglect
16    of a child, except as provided in subsection (c) of this
17    Section.
18        (2) If, during a family assessment authorized by
19    subsection (a-5) or an investigation, it appears that the
20    immediate safety or well-being of a child is endangered,
21    that the family may flee or the child disappear, or that
22    the facts otherwise so warrant, the Child Protective
23    Service Unit shall commence an investigation immediately,
24    regardless of the time of day or night. All other
25    investigations shall be commenced within 24 hours of
26    receipt of the report. Upon receipt of a report, the Child

 

 

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

 

 

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1    this Act in regard to amendment or expungement. To fulfill
2    the requirements of this Section, the Child Protective
3    Service Unit shall have the capability of providing or
4    arranging for comprehensive emergency services to children
5    and families at all times of the day or night.
6        (4) If (i) at the conclusion of the Unit's initial
7    investigation of a report, the Unit determines the report
8    to be a good faith indication of alleged child abuse or
9    neglect that warrants a formal investigation by the Unit,
10    the Department, any law enforcement agency or any other
11    responsible agency and (ii) the person who is alleged to
12    have caused the abuse or neglect is employed or otherwise
13    engaged in an activity resulting in frequent contact with
14    children and the alleged abuse or neglect are in the course
15    of such employment or activity, then the Department shall,
16    except in investigations where the Director determines
17    that such notification would be detrimental to the
18    Department's investigation, inform the appropriate
19    supervisor or administrator of that employment or activity
20    that the Unit has commenced a formal investigation pursuant
21    to this Act, which may or may not result in an indicated
22    report. The Department shall also notify the person being
23    investigated, unless the Director determines that such
24    notification would be detrimental to the Department's
25    investigation.
26    (c) In an investigation of a report of suspected abuse or

 

 

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

 

 

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1        (2) If a report of neglect or abuse of a child by a
2    teacher or administrator does not involve allegations of
3    sexual abuse or extreme physical abuse, the Child
4    Protective Service Unit shall make reasonable efforts to
5    conduct the initial investigation in coordination with the
6    employee's supervisor.
7        If the Unit determines that the report is a good faith
8    indication of potential child abuse or neglect, it shall
9    then commence a formal investigation under paragraph (3) of
10    subsection (b) of this Section.
11        (3) If a report of neglect or abuse of a child by a
12    teacher or administrator involves an allegation of sexual
13    abuse or extreme physical abuse, the Child Protective Unit
14    shall commence an investigation under paragraph (2) of
15    subsection (b) of this Section.
16    (c-5) In any instance in which a report is made or caused
17to made by a school district employee involving the conduct of
18a person employed by the school district, at the time the
19report was made, as required under Section 4 of this Act, the
20Child Protective Service Unit shall send a copy of its final
21finding report to the general superintendent of that school
22district.
23    (d) If the Department has contact with an employer, or with
24a religious institution or religious official having
25supervisory or hierarchical authority over a member of the
26clergy accused of the abuse of a child, in the course of its

 

 

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

 

 

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1Department of Children and Family Services other than to a
2court of competent jurisdiction or unless otherwise authorized
3by law. Any employee of the Department of Children and Family
4Services who transmits confidential information in violation
5of this Section or causes the information to be transmitted in
6violation of this Section is guilty of a Class A misdemeanor
7unless the transmittal of the information is authorized by this
8Section or otherwise authorized by law.
9    (f) For purposes of this Section "child abuse or neglect"
10includes abuse or neglect of an adult resident as defined in
11this Act.
12    (g) When a report involves a child with a developmental or
13cognitive disability or with a physical disability that impacts
14the child's ability to communicate, the Department's
15investigation team shall include a licensed clinical social
16worker and a speech language pathologist who have experience,
17either in a clinical setting or as a therapist in an
18educational setting, in working with the child's specific
19disability to help assess the information received from the
20child. These persons shall be directly involved in preparing
21for the investigation by building awareness of the child's
22communication needs, including the use of assistive
23technology, and reading abilities, assessing whether a reduced
24number of or shortened interviews are warranted, and
25determining the appropriate environment for interviewing the
26child. If a forensic interview is to be conducted, the

 

 

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1Department shall ensure that the interviewer is trained to
2interview individuals with disabilities or is accompanied by
3the Department's licensed clinical social worker and speech
4language pathologist, and the Department shall ensure that the
5interviewer has access to individualized information about the
6child's disability from personal records, family members or
7care providers, and others with relevant information prior to
8meeting the child.
9(Source: P.A. 95-908, eff. 8-26-08; 96-760, eff. 1-1-10;
1096-1446, eff. 8-20-10.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.