Illinois General Assembly - Full Text of HB3393
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Full Text of HB3393  102nd General Assembly

HB3393 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3393

 

Introduced 2/22/2021, by Rep. Tom Weber

 

SYNOPSIS AS INTRODUCED:
 
325 ILCS 5/7  from Ch. 23, par. 2057
325 ILCS 5/7.3  from Ch. 23, par. 2057.3

    Amends the Abused and Neglected Child Reporting Act. Provides that any report received by the Department of Children and Family Services alleging the abuse or neglect of a child by any person (rather than a person who is not the child's parent, a member of the child's immediate family, a person responsible for the child's welfare, an individual residing in the same home as the child, or a paramour of the child's parent) shall immediately be shared with (rather than referred to) the appropriate local law enforcement agency. Provides that, upon receipt of the shared report, the local law enforcement agency may, in its discretion, conduct a criminal investigation or other action based on the information contained within the report. Provides that the Department shall be the sole agency responsible for receiving and investigating reports of child abuse or neglect made under the Act, except where investigations by other agencies may be required with respect to reports alleging the abuse or neglect of a child by any person (rather than except where investigations by other agencies may be required with respect to reports alleging the abuse or neglect of a child by a person who is not the child's parent, a member of the child's immediate family, a person responsible for the child's welfare, an individual residing in the same home as the child, or a paramour of the child's parent).


LRB102 14212 KTG 19564 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3393LRB102 14212 KTG 19564 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 1. Reference to Act. This Act may be referred to as
5the AJ Freund Act.
 
6    Section 5. The Abused and Neglected Child Reporting Act is
7amended by changing Sections 7 and 7.3 as follows:
 
8    (325 ILCS 5/7)  (from Ch. 23, par. 2057)
9    Sec. 7. Time and manner of making reports. All reports of
10suspected child abuse or neglect made under this Act shall be
11made immediately by telephone to the central register
12established under Section 7.7 on the single, State-wide,
13toll-free telephone number established in Section 7.6, or in
14person or by telephone through the nearest Department office.
15The Department shall, in cooperation with school officials,
16distribute appropriate materials in school buildings listing
17the toll-free telephone number established in Section 7.6,
18including methods of making a report under this Act. The
19Department may, in cooperation with appropriate members of the
20clergy, distribute appropriate materials in churches,
21synagogues, temples, mosques, or other religious buildings
22listing the toll-free telephone number established in Section

 

 

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17.6, including methods of making a report under this Act.
2    Wherever the Statewide number is posted, there shall also
3be posted the following notice:
4    "Any person who knowingly transmits a false report to the
5Department commits the offense of disorderly conduct under
6subsection (a)(7) of Section 26-1 of the Criminal Code of
72012. A violation of this subsection is a Class 4 felony."
8    The report required by this Act shall include, if known,
9the name and address of the child and his parents or other
10persons having his custody; the child's age; the nature of the
11child's condition, including any evidence of previous injuries
12or disabilities; and any other information that the person
13filing the report believes might be helpful in establishing
14the cause of such abuse or neglect and the identity of the
15person believed to have caused such abuse or neglect. Reports
16made to the central register through the State-wide, toll-free
17telephone number shall be immediately transmitted by the
18Department to the appropriate Child Protective Service Unit.
19All such reports alleging the death of a child, serious injury
20to a child, including, but not limited to, brain damage, skull
21fractures, subdural hematomas, and internal injuries, torture
22of a child, malnutrition of a child, and sexual abuse to a
23child, including, but not limited to, sexual intercourse,
24sexual exploitation, sexual molestation, and sexually
25transmitted disease in a child age 12 and under, shall also be
26immediately transmitted by the Department to the appropriate

 

 

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1local law enforcement agency. The Department shall within 24
2hours orally notify local law enforcement personnel and the
3office of the State's Attorney of the involved county of the
4receipt of any report alleging the death of a child, serious
5injury to a child, including, but not limited to, brain
6damage, skull fractures, subdural hematomas, and, internal
7injuries, torture of a child, malnutrition of a child, and
8sexual abuse to a child, including, but not limited to, sexual
9intercourse, sexual exploitation, sexual molestation, and
10sexually transmitted disease in a child age 12 twelve and
11under. All oral reports made by the Department to local law
12enforcement personnel and the office of the State's Attorney
13of the involved county shall be confirmed in writing within 24
14hours of the oral report. All reports by persons mandated to
15report under this Act shall be confirmed in writing to the
16appropriate Child Protective Service Unit, which may be on
17forms supplied by the Department, within 48 hours of any
18initial report.
19    Any report received by the Department alleging the abuse
20or neglect of a child by any person a person who is not the
21child's parent, a member of the child's immediate family, a
22person responsible for the child's welfare, an individual
23residing in the same home as the child, or a paramour of the
24child's parent shall immediately be shared with referred to
25the appropriate local law enforcement agency. Upon receipt of
26the shared report, the local law enforcement agency may, in

 

 

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1its discretion, conduct a criminal investigation or other
2action based on the information contained within the report.
3for consideration of criminal investigation or other action.
4    Written confirmation reports from persons not required to
5report by this Act may be made to the appropriate Child
6Protective Service Unit. Written reports from persons required
7by this Act to report shall be admissible in evidence in any
8judicial proceeding or administrative hearing relating to
9child abuse or neglect. Reports involving known or suspected
10child abuse or neglect in public or private residential
11agencies or institutions shall be made and received in the
12same manner as all other reports made under this Act.
13    For purposes of this Section, "child" includes an adult
14resident as defined in this Act.
15(Source: P.A. 101-583, eff. 1-1-20; revised 11-21-19.)
 
16    (325 ILCS 5/7.3)  (from Ch. 23, par. 2057.3)
17    Sec. 7.3. (a) The Department shall be the sole agency
18responsible for receiving and investigating reports of child
19abuse or neglect made under this Act, including reports of
20adult resident abuse or neglect as defined in this Act, except
21where investigations by other agencies may be required with
22respect to reports alleging the abuse or neglect of a child by
23any person, a person who is not the child's parent, a member of
24the child's immediate family, a person responsible for the
25child's welfare, an individual residing in the same home as

 

 

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1the child, or a paramour of the child's parent, the death of a
2child, serious injury to a child or sexual abuse to a child
3made pursuant to Sections 4.1 or 7 of this Act, and except that
4the Department may delegate the performance of the
5investigation to the Department of State Police, a law
6enforcement agency and to those private social service
7agencies which have been designated for this purpose by the
8Department prior to July 1, 1980.
9    (b) Notwithstanding any other provision of this Act, the
10Department shall adopt rules expressly allowing law
11enforcement personnel to investigate reports of suspected
12child abuse or neglect concurrently with the Department,
13without regard to whether the Department determines a report
14to be "indicated" or "unfounded" or deems a report to be
15"undetermined".
16    (c) By June 1, 2016, the Department shall adopt rules that
17address and set forth criteria and standards relevant to
18investigations of reports of abuse or neglect committed by any
19agency, as defined in Section 3 of this Act, or person working
20for an agency responsible for the welfare of a child or adult
21resident.
22(Source: P.A. 101-583, eff. 1-1-20.)