98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3146

 

Introduced 2/11/2014, by Sen. Mattie Hunter

 

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

    Amends the Abused and Neglected Child Reporting Act. Provides that beginning January 1, 2015 (rather January 1, 2010), the Department of Children and Family Services shall (rather than may) implement a 3-year (rather than a 5-year) demonstration of a "differential response program" in accordance with criteria, standards, and procedures prescribed by rule. Provides that the program shall (rather than 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. In a provision concerning an independent evaluation of the differential response program, requires (i) the independent evaluator to collect appropriate data about the differential response program and (ii) the Department to provide annual reports and a final report to the General Assembly and to the Governor regarding the differential response program. Requires the Department to adopt any necessary administrative rules for the execution of certain provisions. Provides that the differential response program shall become a permanent program on January 1, 2018 (rather than on January 1, 2015), upon completion of the demonstration project period. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3146LRB098 16061 KTG 51114 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, 2015 2010, the Department of
18Children and Family Services shall may implement a 3-year
195-year demonstration of a "differential response program" in
20accordance with criteria, standards, and procedures prescribed
21by rule. The program shall may provide that, upon receiving a
22report, the Department shall determine whether to conduct a
23family assessment or an investigation as appropriate to prevent

 

 

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1or provide a remedy for child 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 independent evaluator shall collect appropriate data about
9the differential response program. The Department shall
10provide annual reports to the General Assembly and to the
11Governor regarding the differential response program no later
12than March 31st of each year of the demonstration program
13beginning in 2016, and the final report on the demonstration
14program shall be submitted no later than March 31, 2018. The
15Department shall may adopt administrative rules necessary for
16the execution of this Section, in accordance with Section 4 of
17the Children and Family Services Act.
18    The demonstration conducted under this subsection (a-5)
19shall become a permanent program on January 1, 2018 2015, upon
20completion of the demonstration project period.
21    (b) (1) The following procedures shall be followed in the
22    investigation of all reports of suspected abuse or neglect
23    of a child, except as provided in subsection (c) of this
24    Section.
25        (2) If, during a family assessment authorized by
26    subsection (a-5) or an investigation, it appears that the

 

 

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1    immediate safety or well-being of a child is endangered,
2    that the family may flee or the child disappear, or that
3    the facts otherwise so warrant, the Child Protective
4    Service Unit shall commence an investigation immediately,
5    regardless of the time of day or night. All other
6    investigations shall be commenced within 24 hours of
7    receipt of the report. Upon receipt of a report, the Child
8    Protective Service Unit shall conduct a family assessment
9    authorized by subsection (a-5) or begin an initial
10    investigation and make an initial determination whether
11    the report is a good faith indication of alleged child
12    abuse or neglect.
13        (3) Based on an initial investigation, if the Unit
14    determines the report is a good faith indication of alleged
15    child abuse or neglect, then a formal investigation shall
16    commence and, pursuant to Section 7.12 of this Act, may or
17    may not result in an indicated report. The formal
18    investigation shall include: direct contact with the
19    subject or subjects of the report as soon as possible after
20    the report is received; an evaluation of the environment of
21    the child named in the report and any other children in the
22    same environment; a determination of the risk to such
23    children if they continue to remain in the existing
24    environments, as well as a determination of the nature,
25    extent and cause of any condition enumerated in such
26    report; the name, age and condition of other children in

 

 

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1    the environment; and an evaluation as to whether there
2    would be an immediate and urgent necessity to remove the
3    child from the environment if appropriate family
4    preservation services were provided. After seeing to the
5    safety of the child or children, the Department shall
6    forthwith notify the subjects of the report in writing, of
7    the existence of the report and their rights existing under
8    this Act in regard to amendment or expungement. To fulfill
9    the requirements of this Section, the Child Protective
10    Service Unit shall have the capability of providing or
11    arranging for comprehensive emergency services to children
12    and families at all times of the day or night.
13        (4) If (i) at the conclusion of the Unit's initial
14    investigation of a report, the Unit determines the report
15    to be a good faith indication of alleged child abuse or
16    neglect that warrants a formal investigation by the Unit,
17    the Department, any law enforcement agency or any other
18    responsible agency and (ii) the person who is alleged to
19    have caused the abuse or neglect is employed or otherwise
20    engaged in an activity resulting in frequent contact with
21    children and the alleged abuse or neglect are in the course
22    of such employment or activity, then the Department shall,
23    except in investigations where the Director determines
24    that such notification would be detrimental to the
25    Department's investigation, inform the appropriate
26    supervisor or administrator of that employment or activity

 

 

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1    that the Unit has commenced a formal investigation pursuant
2    to this Act, which may or may not result in an indicated
3    report. The Department shall also notify the person being
4    investigated, unless the Director determines that such
5    notification would be detrimental to the Department's
6    investigation.
7    (c) In an investigation of a report of suspected abuse or
8neglect of a child by a school employee at a school or on
9school grounds, the Department shall make reasonable efforts to
10follow the following procedures:
11        (1) Investigations involving teachers shall not, to
12    the extent possible, be conducted when the teacher is
13    scheduled to conduct classes. Investigations involving
14    other school employees shall be conducted so as to minimize
15    disruption of the school day. The school employee accused
16    of child abuse or neglect may have his superior, his
17    association or union representative and his attorney
18    present at any interview or meeting at which the teacher or
19    administrator is present. The accused school employee
20    shall be informed by a representative of the Department, at
21    any interview or meeting, of the accused school employee's
22    due process rights and of the steps in the investigation
23    process. The information shall include, but need not
24    necessarily be limited to the right, subject to the
25    approval of the Department, of the school employee to
26    confront the accuser, if the accuser is 14 years of age or

 

 

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1    older, or the right to review the specific allegations
2    which gave rise to the investigation, and the right to
3    review all materials and evidence that have been submitted
4    to the Department in support of the allegation. These due
5    process rights shall also include the right of the school
6    employee to present countervailing evidence regarding the
7    accusations.
8        (2) If a report of neglect or abuse of a child by a
9    teacher or administrator does not involve allegations of
10    sexual abuse or extreme physical abuse, the Child
11    Protective Service Unit shall make reasonable efforts to
12    conduct the initial investigation in coordination with the
13    employee's supervisor.
14        If the Unit determines that the report is a good faith
15    indication of potential child abuse or neglect, it shall
16    then commence a formal investigation under paragraph (3) of
17    subsection (b) of this Section.
18        (3) If a report of neglect or abuse of a child by a
19    teacher or administrator involves an allegation of sexual
20    abuse or extreme physical abuse, the Child Protective Unit
21    shall commence an investigation under paragraph (2) of
22    subsection (b) of this Section.
23    (c-5) In any instance in which a report is made or caused
24to made by a school district employee involving the conduct of
25a person employed by the school district, at the time the
26report was made, as required under Section 4 of this Act, the

 

 

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1Child Protective Service Unit shall send a copy of its final
2finding report to the general superintendent of that school
3district.
4    (d) If the Department has contact with an employer, or with
5a religious institution or religious official having
6supervisory or hierarchical authority over a member of the
7clergy accused of the abuse of a child, in the course of its
8investigation, the Department shall notify the employer or the
9religious institution or religious official, in writing, when a
10report is unfounded so that any record of the investigation can
11be expunged from the employee's or member of the clergy's
12personnel or other records. The Department shall also notify
13the employee or the member of the clergy, in writing, that
14notification has been sent to the employer or to the
15appropriate religious institution or religious official
16informing the employer or religious institution or religious
17official that the Department's investigation has resulted in an
18unfounded report.
19    (e) Upon request by the Department, the Department of State
20Police and law enforcement agencies are authorized to provide
21criminal history record information as defined in the Illinois
22Uniform Conviction Information Act and information maintained
23in the adjudicatory and dispositional record system as defined
24in Section 2605-355 of the Department of State Police Law (20
25ILCS 2605/2605-355) to properly designated employees of the
26Department of Children and Family Services if the Department

 

 

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1determines the information is necessary to perform its duties
2under the Abused and Neglected Child Reporting Act, the Child
3Care Act of 1969, and the Children and Family Services Act. The
4request shall be in the form and manner required by the
5Department of State Police. Any information obtained by the
6Department of Children and Family Services under this Section
7is confidential and may not be transmitted outside the
8Department of Children and Family Services other than to a
9court of competent jurisdiction or unless otherwise authorized
10by law. Any employee of the Department of Children and Family
11Services who transmits confidential information in violation
12of this Section or causes the information to be transmitted in
13violation of this Section is guilty of a Class A misdemeanor
14unless the transmittal of the information is authorized by this
15Section or otherwise authorized by law.
16    (f) For purposes of this Section "child abuse or neglect"
17includes abuse or neglect of an adult resident as defined in
18this Act.
19(Source: P.A. 95-908, eff. 8-26-08; 96-760, eff. 1-1-10;
2096-1446, eff. 8-20-10.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.