Illinois General Assembly - Full Text of HB5990
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Full Text of HB5990  98th General Assembly




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1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Children's Advocacy Center Act is amended by
5changing Sections 2, 3, and 4 and by adding Section 2.5 as
7    (55 ILCS 80/2)  (from Ch. 23, par. 1802)
8    Sec. 2. Legislative findings.
9    (a) The General Assembly finds that the creation
10establishment of accredited Children's Advocacy Centers
11("CACs") accredited throughout the State of Illinois is
12essential to providing a formal, comprehensive, integrated,
13and multidisciplinary response to the investigation and
14disposition of reports of child maltreatment; by expediting and
15improving the validation or invalidation of such allegations
16for the benefit of children, their families and accused
17perpetrators; by requiring the use of collaborative decision
18making and case management, thereby reducing the number of
19times children are questioned and examined, thus preventing
20further trauma of children; by coordinating therapeutic
21intervention and services thereby providing safety and
22treatment for child victims and their families; by developing
23communication, case coordination, and information sharing



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1policies and protocols among allied professionals and agencies
2who play a role in child protection in a given jurisdiction; by
3collecting data to report to partner agencies, the community,
4and the General Assembly, and to use in continually improving
5collaborative multidisciplinary investigations; and, by
6maintaining the confidentiality of client records and records
7from partner agencies, to ensure the protection of the privacy
8of children, their families and accused perpetrators. A CAC
9organized and operating under this Act may accept, receive and
10disburse in furtherance of its duties and functions any funds,
11grants and services made available by the State of Illinois and
12its agencies, the federal government and its agencies, a unit
13of local government, or private or civic sources. To the extent
14permitted by applicable law, participating entities shall
15maintain the confidentiality of case-related information which
16includes, but is not limited to, case review discussions, case
17review notes, written reports and records, and verbal exchanges
18is desirable to coordinate the investigation, prosecution and
19treatment referral of child sexual abuse.
20    Further, the General Assembly finds that the creation of an
21advisory board is desirable to develop a coordinated protocol
22for the handling of child sexual abuse cases among various
23agencies responsible for investigation, prosecution and
24treatment referral and that such agencies should be encouraged
25to adopt such a coordinated protocol.
26    (b) The General Assembly further finds that the most



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1precious resource in the State of Illinois is our children. The
2protection of children from physical abuse, sexual abuse and
3exploitation, and neglect, hereinafter "child maltreatment",
4is at the core of the duties and fundamental responsibilities
5of the General Assembly and provides the highest compelling
6interest to create and maintain a system to effectively respond
7to reports of child maltreatment and protect children from
9(Source: P.A. 86-276.)
10    (55 ILCS 80/2.5 new)
11    Sec. 2.5. Definitions. As used in this Section:
12    "Accreditation" means the process in which certification
13of competency, authority, or credibility is presented by
14standards set by the National Children's Alliance to ensure
15effective, efficient and consistent delivery of services by a
17    "Child maltreatment" includes any act or occurrence, as
18defined in Section 5 of the Criminal Code of 2012, under the
19Children and Family Services Act or the Juvenile Court Act
20involving either a child victim or child witness.
21    "Children's Advocacy Center" or "CAC" is a child-focused,
22trauma-informed, facility-based program in which
23representatives from law enforcement, child protection,
24prosecution, mental health, forensic interviewing, medical,
25and victim advocacy disciplines collaborate to interview



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1children, meet with a child's parent or parents, caregivers,
2and family members, and make team decisions about the
3investigation, prosecution, safety, treatment, and support
4services for child maltreatment cases.
5    "Children's Advocacy Centers of Illinois" or "CACI" is a
6state chapter of the National Children's Alliance ("NCA") and
7organizing entity for Children's Advocacy Centers in the State
8of Illinois. It defines membership and engages member CACs in
9the NCA accreditation process and collecting and sharing of
10data, and provides training, leadership, and technical
11assistance to existing and emerging CACs in the State.
12    "Forensic interview" means an interview between a trained
13forensic interviewer, as defined by NCA standards, and a child
14in which the interviewer obtains information from children in
15an unbiased and fact finding manner that is developmentally
16appropriate and culturally sensitive to support accurate and
17fair decision making by the multidisciplinary team in the
18criminal justice and child protection systems. Whenever
19practical, all parties involved in investigating reports of
20child maltreatment shall observe the interview, which shall be
21digitally recorded.
22    "Multidisciplinary team" or "MDT" means a group of
23professionals working collaboratively under a written
24protocol, who represent various disciplines from the point of a
25report of child maltreatment to assure the most effective
26coordinated response possible for every child. Employees from



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1each participating entity shall be included on the MDT. A CAC's
2MDT must include professionals involved in the coordination,
3investigation, and prosecution of child abuse cases, including
4the CAC's staff, participating law enforcement agencies, the
5county state's attorney, and the Illinois Department of
6Children and Family Services, and must include professionals
7involved in the delivery of services to victims of child
8maltreatment and non-offending parent or parents, caregiver,
9and their families.
10    "National Children's Alliance" or "NCA" means the
11professional membership organization dedicated to helping
12local communities respond to allegations of child abuse in an
13effective and efficient manner. NCA provides training,
14support, technical assistance and leadership on a national
15level to state and local CACs and communities responding to
16reports of child maltreatment. NCA is the national organization
17that provides the standards for CAC accreditation.
18    "Protocol" means a written methodology defining the
19responsibilities of each of the MDT members in the
20investigation and prosecution of child maltreatment within a
21defined jurisdiction. Written protocols are signed documents
22and are reviewed and/or updated annually, at a minimum, by a
23CAC's Advisory Board.
24    (55 ILCS 80/3)  (from Ch. 23, par. 1803)
25    Sec. 3. Child Advocacy Advisory Board.



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1    (a) Each county or group of counties in the State of
2Illinois shall establish a Child Advocacy Advisory Board
3("Advisory Board").
4    Each of the following county officers or State agencies or
5allied professional entities shall designate a representative
6to serve on the Advisory Board: law enforcement within the
7appropriate jurisdiction(s), the sheriff, the Illinois
8Department of Children and Family Services, the State's
9attorney, and the Children's Advocacy Center the county mental
10health department, and the Department of State Police.
11    The Advisory Board chairman may appoint additional members
12of the Advisory Board as is deemed necessary to accomplish the
13purposes of this Act, the additional members to include but not
14be limited to representatives of local law enforcement
15agencies, allied professionals, and the Circuit Courts.
16    (b) The Advisory Board shall have the authority to organize
17itself and appoint, assign, or elect leaders. The Advisory
18Board shall determine the voting rights of multiple members
19from the same agency or entity. from among its members a
20chairman and such other officers as are deemed necessary. Until
21a chairman is so elected, the State's attorney shall serve as
22interim chairman.
23    (c) The Advisory Board shall adopt, by a majority of the
24members, a written operational protocol. The Advisory Board
25shall, prior to finalization, submit a draft to the Children's
26Advocacy Center of Illinois ("CACI") for review and comments to



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1ensure compliance with accreditation standards from NCA. After
2considering the comments of the CACI and upon finalization of
3its protocol, the Advisory Board shall file the protocol with
4the Department of Children and Family Services and the CACI. If
5requested, a copy shall be made available to the public by the
6local CAC. Each Advisory Board shall, on an annual basis,
7review and/or update the written protocol. Any changes made to
8the written protocol shall be approved by majority vote and,
9prior to finalization, a draft shall be submitted to the CACI
10for review and comments to ensure compliance with accreditation
11standards from NCA. After considering the comments of the CACI
12and upon finalization of its protocol, the Advisory Board shall
13file the protocol with the Department of Children and Family
14Services and the CACI child sexual abuse protocol within one
15year after the effective date of this Act. An Advisory Board
16adopting a protocol after the effective date of this amendatory
17Act of 1996 shall, prior to finalization, submit its draft to
18the Illinois Child Advocacy Commission for review and comments.
19After considering the comments of the Illinois Child Advocacy
20Commission and upon finalization of its protocol, the Advisory
21Board shall file the protocol with the Department of Children
22and Family Services. A copy shall be furnished to the Illinois
23Child Advocacy Commission and to each agency in the county or
24counties which has any involvement with the cases of sexually
25abused children.
26    The Illinois Child Advocacy Commission shall consist of the



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1Attorney General and the Directors of the Illinois State Police
2and the Department of Children and Family Services or their
3designees. Additional members may be appointed to the Illinois
4Child Advocacy Commission as deemed necessary by the Attorney
5General and the Directors of the Illinois State Police and the
6Department of Children and Family Services. The Illinois Child
7Advocacy Commission may also provide technical assistance and
8guidance to the Advisory Boards.
9    (d) The purpose of the protocol shall be to ensure
10coordination and cooperation among all agencies involved in
11child maltreatment sexual abuse cases so as to increase the
12efficiency and effectiveness of those agencies, to minimize the
13trauma stress created for the child and his or her
14non-offending parents, caregivers, or family members by the
15investigatory and judicial process, and to ensure that more
16effective treatment is provided for the child and his or her
17non-offending parents, caregivers, or family members. Agencies
18that are members of the Advisory Board are encouraged to amend
19their internal operating protocol in a manner that further
20facilitates coordination and cooperation among all agencies.
21    (e) The protocol shall be a written document outlining in
22detail the procedures to be used in investigating and
23responding to prosecuting cases arising from alleged child
24maltreatment sexual abuse and in coordinating treatment
25referrals for the child and his or her non-offending parents,
26caregivers, or family members. In preparing the written



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1protocol, the Advisory Board shall ensure that the CAC includes
2all of the components listed in Section 4 of this Act. consider
3the following:
4        (1) An interdisciplinary, coordinated systems approach
5    to the investigation of child sexual abuse which shall
6    include, at a minimum;
7            (i) an interagency notification procedure;
8            (ii) a dispute resolution process between the
9        involved agencies when a conflict arises on how to
10        proceed with the investigation of a case;
11            (iii) a policy on interagency decision-making; and
12            (iv) a description of the role each agency has in
13        the investigation of the case;
14        (2) A safe, separate space with assigned personnel
15    designated for the investigation and coordination of child
16    sexual abuse cases;
17        (3) An interdisciplinary case review process for
18    purposes of decision-making, problem solving, systems
19    coordination, and information sharing;
20        (4) A comprehensive tracking system to receive and
21    coordinate information concerning child sexual abuse cases
22    from each participating agency;
23        (5) Interdisciplinary specialized training for all
24    professionals involved with the victims and families of
25    child sexual abuse cases; and
26        (6) A process for evaluating the implementation and



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1    effectiveness of the protocol.
2    (f) The Advisory Board shall evaluate the implementation
3and effectiveness of the protocol required under subsection (c)
4of this Section on an annual basis, and shall propose
5appropriate modifications to the protocol to maximize its
6effectiveness. A report of the Advisory Board's review, along
7with proposed modifications, shall be submitted to the CACI the
8Illinois Child Advocacy Commission for its review and comments.
9After considering the comments of the CACI the Illinois Child
10Advocacy Commission and adopting modifications, the Advisory
11Board shall file its amended protocol with the Department of
12Children and Family Services. A copy of the Advisory Board's
13review and amended protocol shall be furnished to the CACI the
14Illinois Child Advocacy Commission and to the public each
15agency in the county or counties having any involvement with
16the cases covered by the protocol.
17    (g) (Blank). The Advisory Board shall adopt, by a majority
18of the members, a written protocol for coordinating cases of
19serious or fatal injury to a child, following the procedures
20and purposes described in subsections (c), (d), (e), and (f) of
21this Section. The protocol shall be a written document
22outlining in detail the procedures that will be used by all of
23the agencies involved in investigating and prosecuting cases
24arising from alleged cases of serious or fatal injury to a
25child and in coordinating treatment referrals for the child and
26his or her family.



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1(Source: P.A. 95-527, eff. 6-1-08.)
2    (55 ILCS 80/4)  (from Ch. 23, par. 1804)
3    Sec. 4. Children's Advocacy Center.
4    (a) A CAC Children's Advocacy Center ("Center") may be
5established to coordinate the activities of the various
6agencies involved in the investigation, prosecution and
7treatment referral of child maltreatment sexual abuse. The
8individual county or regional Advisory Board shall set the
9written protocol of the CAC within the appropriate jurisdiction
10serve as the governing board for the Center. The operation of
11the CAC Center may be funded through public or private grants,
12contracts, donations, fees, and or any other available sources
13under this Act. Each CAC shall operate to the best of its
14ability in accordance with available funding. In counties in
15which a referendum has been adopted under Section 5 of this
16Act, the Advisory Board, by the majority vote of its members,
17shall submit a proposed annual budget for the operation of the
18CAC Center to the county board, which shall appropriate funds
19and levy a tax sufficient to operate the CAC Center. The county
20board in each county in which a referendum has been adopted
21shall establish a Children's Advocacy Center Fund and shall
22deposit the net proceeds of the tax authorized by Section 6 of
23this Act in that Fund, which shall be kept separate from all
24other county funds and shall only be used for the purposes of
25this Act.



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1    (b) The Advisory Board shall pay from the Children's
2Advocacy Center Fund or from other available funds the salaries
3of all employees of the Center and the expenses of acquiring a
4physical plant for the Center by construction or lease and
5maintaining the Center, including the expenses of
6administering the coordination of the investigation,
7prosecution and treatment referral of child maltreatment
8sexual abuse under the provisions of the protocol adopted
9pursuant to this Act.
10    (c) Every CAC Center shall include at least the following
12        (1) A multidisciplinary An interdisciplinary,
13    coordinated systems approach to the investigation of child
14    maltreatment sexual abuse which shall include, at a
15    minimum;
16            (i) an interagency notification procedure;
17            (ii) a policy on multidisciplinary team
18        collaboration and communication that requires MDT
19        members share information pertinent to investigations
20        and the safety of children a dispute resolution process
21        between the involved agencies when a conflict arises on
22        how to proceed with the investigation of a case;
23            (iii) (blank); a policy on interagency
24        decision-making; and
25            (iv) a description of the role each agency has in
26        responding to a referral for services in an individual



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1        the investigation of the case;
2            (v) a dispute resolution process between the
3        involved agencies when a conflict arises on how to
4        proceed on the referral of a particular case;
5            (vi) a process for the CAC to assist in the
6        forensic interview of children that witness alleged
7        crimes;
8            (vii) a child-friendly, trauma informed space for
9        children and their non-offending family members;
10            (viii) an MDT approach including law enforcement,
11        prosecution, medical, mental health, victim advocacy,
12        and other community resources;
13            (ix) medical evaluation on-site or off-site
14        through referral;
15            (x) mental health services on-site or off-site
16        through referral;
17            (xi) on-site forensic interviews;
18            (xii) culturally competent services;
19            (xiii) case tracking and review;
20            (xiv) case staffing on each investigation;
21            (xv) effective organizational capacity; and
22            (xvi) a policy or procedure to familiarize a child
23        and his or her non-offending family members or
24        guardians with the court process as well as
25        preparations for testifying in court, if necessary.
26        (2) A safe, separate space with assigned personnel



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1    designated for the investigation and coordination of child
2    maltreatment sexual abuse cases;
3        (3) A multidisciplinary An interdisciplinary case
4    review process for purposes of decision-making, problem
5    solving, systems coordination, and information sharing;
6        (4) A comprehensive client tracking system to receive
7    and coordinate information concerning child maltreatment
8    sexual abuse cases from each participating agency;
9        (5) Multidisciplinary Interdisciplinary specialized
10    training for all professionals involved with the victims
11    and non-offending family members in families of child
12    maltreatment sexual abuse cases; and
13        (6) A process for evaluating the effectiveness of the
14    CAC Center and its operations.
15    (d) In the event that a CAC Center has been established as
16provided in this Section, the Advisory Board of that CAC Center
17may, by a majority vote of the members, authorize the CAC
18Center to coordinate the activities of the various agencies
19involved in the investigation, prosecution, and treatment
20referral in cases of serious or fatal injury to a child. For
21CACs receiving funds under Section 5 or 6 of this Act, the The
22Advisory Board shall provide for the financial support of these
23activities in a manner similar to that set out in subsections
24(a) and (b) of this Section and shall be allowed to submit a
25budget that includes support for physical abuse and neglect
26activities to the County Board, which shall appropriate funds



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1that may be available under Section 5 of this Act. In
2cooperation with the Department of Children and Family Services
3Child Death Review Teams, the Department of Children and Family
4Services Office of the Inspector General, the Department of
5State Police, and other stakeholders, this protocol must be
6initially implemented in selected counties to the extent that
7State appropriations or funds from other sources for this
8purpose allow.
9    (e) CACI The Illinois Child Advocacy Commission may also
10provide technical assistance and guidance to the Advisory
11Boards and shall make a single annual grant for the purpose of
12providing technical support and assistance for advocacy center
13development in Illinois whenever an appropriation is made by
14the General Assembly specifically for that purpose. The grant
15may be made only to an Illinois not-for-profit corporation that
16qualifies for tax treatment under Section 501(c)(3) of the
17Internal Revenue Code and that has a voting membership
18consisting of children's advocacy centers. The grant may be
19spent on staff, office space, equipment, and other expenses
20necessary for the development of resource materials and other
21forms of technical support and assistance. The grantee shall
22report to the Commission on the specific uses of grant funds by
23no later than October 1 of each year and shall retain
24supporting documentation for a period of at least 5 years after
25the corresponding report is filed.
26(Source: P.A. 95-527, eff. 6-1-08.)