Illinois General Assembly - Full Text of HB3480
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Full Text of HB3480  97th General Assembly



State of Illinois
2011 and 2012


Introduced 2/24/2011, by Rep. Robyn Gabel


325 ILCS 5/3  from Ch. 23, par. 2053
325 ILCS 5/7.5a new

    Amends the Abused and Neglected Child Reporting Act. Provides that certain interviews of a child who is alleged to be an abused child may not be conducted unless the interview is videotaped and audiotaped by the Department of Children and Family Services. Requires that the Department preserve those videotapes and audiotapes and other materials until all judgments in legal proceedings relating to the victim-sensitive interview are final and all direct and habeas corpus appeals are exhausted or such legal proceedings are barred by law. Provides for access to copies of the preserved materials by a party to a proceeding relating to the materials. Effective immediately.

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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 3 and by adding Section 7.5a as
7    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
8    Sec. 3. As used in this Act unless the context otherwise
10    "Adult resident" means any person between 18 and 22 years
11of age who resides in any facility licensed by the Department
12under the Child Care Act of 1969. For purposes of this Act, the
13criteria set forth in the definitions of "abused child" and
14"neglected child" shall be used in determining whether an adult
15resident is abused or neglected.
16    "Child" means any person under the age of 18 years, unless
17legally emancipated by reason of marriage, or entry into a
18branch of the United States armed services, or a court order
19entered under the Emancipation of Minors Act.
20    "Department" means Department of Children and Family
22    "Local law enforcement agency" means the police of a city,
23town, village or other incorporated area or the sheriff of an



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1unincorporated area or any sworn officer of the Illinois
2Department of State Police.
3    "Abused child" means a child whose parent or immediate
4family member, or any person responsible for the child's
5welfare, or any individual residing in the same home as the
6child, or a paramour of the child's parent:
7        (a) inflicts, causes to be inflicted, or allows to be
8    inflicted upon such child physical injury, by other than
9    accidental means, which causes death, disfigurement,
10    impairment of physical or emotional health, or loss or
11    impairment of any bodily function;
12        (b) creates a substantial risk of physical injury to
13    such child by other than accidental means which would be
14    likely to cause death, disfigurement, impairment of
15    physical or emotional health, or loss or impairment of any
16    bodily function;
17        (c) commits or allows to be committed any sex offense
18    against such child, as such sex offenses are defined in the
19    Criminal Code of 1961, as amended, or in the Wrongs to
20    Children Act, and extending those definitions of sex
21    offenses to include children under 18 years of age;
22        (d) commits or allows to be committed an act or acts of
23    torture upon such child;
24        (e) inflicts excessive corporal punishment;
25        (f) commits or allows to be committed the offense of
26    female genital mutilation, as defined in Section 12-34 of



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1    the Criminal Code of 1961, against the child; or
2        (g) causes to be sold, transferred, distributed, or
3    given to such child under 18 years of age, a controlled
4    substance as defined in Section 102 of the Illinois
5    Controlled Substances Act in violation of Article IV of the
6    Illinois Controlled Substances Act or in violation of the
7    Methamphetamine Control and Community Protection Act,
8    except for controlled substances that are prescribed in
9    accordance with Article III of the Illinois Controlled
10    Substances Act and are dispensed to such child in a manner
11    that substantially complies with the prescription; or .
12        (h) commits or allows to be committed the offense of
13    involuntary servitude, involuntary sexual servitude of a
14    minor, or trafficking in persons for forced labor or
15    services as defined in Section 10-9 of the Criminal Code of
16    1961 against the child.
17    A child shall not be considered abused for the sole reason
18that the child has been relinquished in accordance with the
19Abandoned Newborn Infant Protection Act.
20    "Neglected child" means any child who is not receiving the
21proper or necessary nourishment or medically indicated
22treatment including food or care not provided solely on the
23basis of the present or anticipated mental or physical
24impairment as determined by a physician acting alone or in
25consultation with other physicians or otherwise is not
26receiving the proper or necessary support or medical or other



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1remedial care recognized under State law as necessary for a
2child's well-being, or other care necessary for his or her
3well-being, including adequate food, clothing and shelter; or
4who is abandoned by his or her parents or other person
5responsible for the child's welfare without a proper plan of
6care; or who has been provided with interim crisis intervention
7services under Section 3-5 of the Juvenile Court Act of 1987
8and whose parent, guardian, or custodian refuses to permit the
9child to return home and no other living arrangement agreeable
10to the parent, guardian, or custodian can be made, and the
11parent, guardian, or custodian has not made any other
12appropriate living arrangement for the child; or who is a
13newborn infant whose blood, urine, or meconium contains any
14amount of a controlled substance as defined in subsection (f)
15of Section 102 of the Illinois Controlled Substances Act or a
16metabolite thereof, with the exception of a controlled
17substance or metabolite thereof whose presence in the newborn
18infant is the result of medical treatment administered to the
19mother or the newborn infant. A child shall not be considered
20neglected for the sole reason that the child's parent or other
21person responsible for his or her welfare has left the child in
22the care of an adult relative for any period of time. A child
23shall not be considered neglected for the sole reason that the
24child has been relinquished in accordance with the Abandoned
25Newborn Infant Protection Act. A child shall not be considered
26neglected or abused for the sole reason that such child's



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1parent or other person responsible for his or her welfare
2depends upon spiritual means through prayer alone for the
3treatment or cure of disease or remedial care as provided under
4Section 4 of this Act. A child shall not be considered
5neglected or abused solely because the child is not attending
6school in accordance with the requirements of Article 26 of The
7School Code, as amended.
8    "Child Protective Service Unit" means certain specialized
9State employees of the Department assigned by the Director to
10perform the duties and responsibilities as provided under
11Section 7.2 of this Act.
12    "Person responsible for the child's welfare" means the
13child's parent; guardian; foster parent; relative caregiver;
14any person responsible for the child's welfare in a public or
15private residential agency or institution; any person
16responsible for the child's welfare within a public or private
17profit or not for profit child care facility; or any other
18person responsible for the child's welfare at the time of the
19alleged abuse or neglect, or any person who came to know the
20child through an official capacity or position of trust,
21including but not limited to health care professionals,
22educational personnel, recreational supervisors, members of
23the clergy, and volunteers or support personnel in any setting
24where children may be subject to abuse or neglect.
25    "Temporary protective custody" means custody within a
26hospital or other medical facility or a place previously



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1designated for such custody by the Department, subject to
2review by the Court, including a licensed foster home, group
3home, or other institution; but such place shall not be a jail
4or other place for the detention of criminal or juvenile
6    "An unfounded report" means any report made under this Act
7for which it is determined after an investigation that no
8credible evidence of abuse or neglect exists.
9    "An indicated report" means a report made under this Act if
10an investigation determines that credible evidence of the
11alleged abuse or neglect exists.
12    "An undetermined report" means any report made under this
13Act in which it was not possible to initiate or complete an
14investigation on the basis of information provided to the
16    "Victim-sensitive interview" means an interview of a child
17who is alleged to be an abused child by a multidisciplinary
18team that may include representatives from the Department, law
19enforcement, child protection, criminal prosecution, victim
20advocacy, and the medical and mental health fields.
21    "Subject of report" means any child reported to the central
22register of child abuse and neglect established under Section
237.7 of this Act as an alleged victim of child abuse or neglect
24and the parent or guardian of the alleged victim or other
25person responsible for the alleged victim's welfare who is
26named in the report or added to the report as an alleged



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1perpetrator of child abuse or neglect.
2    "Perpetrator" means a person who, as a result of
3investigation, has been determined by the Department to have
4caused child abuse or neglect.
5    "Member of the clergy" means a clergyman or practitioner of
6any religious denomination accredited by the religious body to
7which he or she belongs.
8(Source: P.A. 95-443, eff. 1-1-08; 96-1196, eff. 1-1-11;
996-1446, eff. 8-20-10; 96-1464, eff. 8-20-10; revised
11    (325 ILCS 5/7.5a new)
12    Sec. 7.5a. Victim-sensitive interviews.
13    (a) A victim-sensitive interview of a child who is alleged
14to be an abused child may not be conducted unless the interview
15is videotaped and audiotaped by the Department. The videotaping
16and audiotaping of the victim-sensitive interview must begin at
17the start of the interview and continue without interruption
18until the interview is concluded.
19    (b) The Department must preserve every videotape and
20audiotape of a victim-sensitive interview of a child who is
21alleged to be an abused child, together with the written notes
22and reports of the members of the multidisciplinary team
23participating in or observing the interview, until all
24judgments in legal proceedings relating to the
25victim-sensitive interview are final and all direct and habeas



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1corpus appeals are exhausted or such legal proceedings are
2barred by law.
3    (c) Any party to a proceeding relating to a
4victim-sensitive interview of a child who is alleged to be an
5abused child is entitled to obtain by subpoena a copy of the
6videotape and audiotape of the interview and copies of any
7written notes or reports of the members of the
8multidisciplinary team participating in or observing the
10    (d) Notwithstanding any other law to the contrary, the
11inspection and copying of a videotape or audiotape of a
12victim-sensitive interview of a child who is alleged to be an
13abused child by any person who is not one of the following is
14prohibited: a judge, State's Attorney, Assistant State's
15Attorney, psychologist, psychiatrist, social worker, doctor,
16parent, parole agent, probation officer, attorney, guardian ad
17litem or child's representative for the child, petitioner or
18petitioner's attorney, plaintiff or plaintiffs attorney,
19defendant or defendant's attorney, or respondent or
20respondent's attorney, in a criminal proceeding or an
21investigation related a criminal proceeding, in a child abuse
22or child neglect proceeding, in a child custody or child
23guardianship proceeding, or in an adoption proceeding.
24    (e) A non-offending caretaker of a child who is alleged to
25be an abused child is entitled to receive a copy of the
26videotape and audiotape, together with copies of any written



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1notes or reports prepared by participants or observers in the
2victim-sensitive interview, within 30 days after serving on the
3Department a written request for those materials. The caretaker
4must submit the written request to the Department within 30
5days after the completion of the victim-sensitive interview or
6notice of the finding, whichever occurs later. The Department
7is responsible for all costs associated with preparing copies
8of the videotapes, audiotapes, and written notes and reports.
9The Department must provide notice of the right to request
10copies of the materials to all parties at the time of the
11victim-sensitive interview.
12    Section 99. Effective date. This Act takes effect upon
13becoming law.