Full Text of SB1239 101st General Assembly
SB1239enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning children.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Abused and Neglected Child Reporting Act is | 5 | | amended by changing Sections 7 and 7.3 as follows:
| 6 | | (325 ILCS 5/7) (from Ch. 23, par. 2057)
| 7 | | Sec. 7. Time and manner of making reports. All reports of | 8 | | suspected
child abuse or neglect made
under this Act shall be | 9 | | made immediately by telephone to the central register
| 10 | | established under Section 7.7 on the single, State-wide, | 11 | | toll-free telephone
number established in Section 7.6, or in | 12 | | person or by telephone through
the nearest Department office. | 13 | | The Department shall, in cooperation with
school officials, | 14 | | distribute
appropriate materials in school buildings
listing | 15 | | the toll-free telephone number established in Section 7.6,
| 16 | | including methods of making a report under this Act.
The | 17 | | Department may, in cooperation with appropriate members of the | 18 | | clergy,
distribute appropriate materials in churches, | 19 | | synagogues, temples, mosques, or
other religious buildings | 20 | | listing the toll-free telephone number
established in Section | 21 | | 7.6, including methods of making a report under this
Act.
| 22 | | Wherever the Statewide number is posted, there shall also | 23 | | be posted the
following notice:
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| 1 | | "Any person who knowingly transmits a false report to the | 2 | | Department
commits the offense of disorderly conduct under | 3 | | subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. | 4 | | A violation of this subsection is a Class 4 felony."
| 5 | | The report required by this Act shall include, if known, | 6 | | the name
and address of the child and his parents or other | 7 | | persons having his
custody; the child's age; the nature of the | 8 | | child's condition including any
evidence of previous injuries | 9 | | or disabilities; and any other information
that the person | 10 | | filing the report believes might be helpful in
establishing the | 11 | | cause of such abuse or neglect and the identity of the
person | 12 | | believed to have caused such abuse or neglect. Reports made to | 13 | | the
central register through the State-wide, toll-free | 14 | | telephone number shall
be immediately transmitted by the | 15 | | Department to the appropriate Child Protective Service
Unit. | 16 | | All such reports alleging the death of a child,
serious injury | 17 | | to a child including, but not limited to, brain damage,
skull | 18 | | fractures, subdural hematomas, and internal injuries, torture | 19 | | of a
child, malnutrition of a child, and sexual abuse to a | 20 | | child, including, but
not limited to, sexual intercourse, | 21 | | sexual exploitation, sexual
molestation, and sexually | 22 | | transmitted disease in a child age
12 and under, shall also be | 23 | | immediately transmitted by the Department to the appropriate | 24 | | local law enforcement agency. The Department shall within 24 | 25 | | hours orally notify local law
enforcement personnel and the | 26 | | office of the State's Attorney of the
involved county of the |
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| 1 | | receipt of any report alleging the death of a child,
serious | 2 | | injury to a child including, but not limited to, brain damage,
| 3 | | skull fractures, subdural hematomas, and, internal injuries, | 4 | | torture of a
child, malnutrition of a child, and sexual abuse | 5 | | to a child, including, but
not limited to, sexual intercourse, | 6 | | sexual exploitation, sexual
molestation, and sexually | 7 | | transmitted disease in a child age
twelve and under. All
oral | 8 | | reports made by the Department to local law enforcement | 9 | | personnel and
the office of the State's Attorney of the | 10 | | involved county shall be
confirmed in writing within 24
hours | 11 | | of the oral report. All reports by
persons mandated to report | 12 | | under this Act shall be confirmed in writing to
the appropriate | 13 | | Child Protective Service Unit, which may be on forms
supplied | 14 | | by the Department, within 48 hours of any initial report.
| 15 | | Any report received by the Department alleging the abuse or | 16 | | neglect of a child by a person who is not the child's parent, a | 17 | | member of the child's immediate family, a person responsible | 18 | | for the child's welfare, an individual residing in the same | 19 | | home as the child, or a paramour of the child's parent shall | 20 | | immediately be referred to the appropriate local law | 21 | | enforcement agency for consideration of criminal investigation | 22 | | or other action. | 23 | | Written confirmation reports from persons not required to | 24 | | report by this
Act may be made to the appropriate Child | 25 | | Protective Service Unit. Written
reports from persons required | 26 | | by this Act to report shall be admissible
in evidence in any |
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| 1 | | judicial proceeding or administrative hearing relating to | 2 | | child abuse or neglect.
Reports involving known or suspected | 3 | | child abuse or neglect in public or
private residential | 4 | | agencies or institutions shall be made and received
in the same | 5 | | manner as all other reports made under this Act.
| 6 | | For purposes of this Section "child" includes an adult | 7 | | resident as defined in this Act. | 8 | | (Source: P.A. 96-1446, eff. 8-20-10; 97-189, eff. 7-22-11; | 9 | | 97-387, eff. 8-15-11; 97-813, eff. 7-13-12; 97-1150, eff. | 10 | | 1-25-13.)
| 11 | | (325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
| 12 | | Sec. 7.3. (a) The Department shall be the sole agency | 13 | | responsible for receiving
and investigating reports of child | 14 | | abuse or neglect made under this Act,
including reports of | 15 | | adult resident abuse or neglect as defined in this Act, except | 16 | | where investigations by other agencies may be required with
| 17 | | respect to reports alleging the abuse or neglect of a child by | 18 | | a person who is not the child's parent, a member of the child's | 19 | | immediate family, a person responsible for the child's welfare, | 20 | | an individual residing in the same home as the child, or a | 21 | | paramour of the child's parent, the death of a child, serious | 22 | | injury to a child
or sexual abuse to a child made pursuant to | 23 | | Sections 4.1 or 7 of this Act,
and except that the Department | 24 | | may delegate the performance of the
investigation to the | 25 | | Department of State Police, a law enforcement agency
and to |
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| 1 | | those private social service agencies which have been | 2 | | designated for
this purpose by the Department prior to July 1, | 3 | | 1980.
| 4 | | (b) Notwithstanding any other provision of this Act, the | 5 | | Department shall adopt rules expressly allowing law | 6 | | enforcement personnel to investigate reports of suspected | 7 | | child abuse or neglect concurrently with the Department, | 8 | | without regard to whether the Department determines a report to | 9 | | be "indicated" or "unfounded" or deems a report to be | 10 | | "undetermined".
| 11 | | (c) By June 1, 2016, the Department shall adopt rules that | 12 | | address and set forth criteria and standards relevant to | 13 | | investigations of reports of abuse or neglect committed by any | 14 | | agency, as defined in Section 3 of this Act, or person working | 15 | | for an agency responsible for the welfare of a child or adult | 16 | | resident. | 17 | | (Source: P.A. 99-350, eff. 6-1-16 .)
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