Full Text of HB5375 94th General Assembly
HB5375 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5375
Introduced 01/26/06, by Rep. Michelle Chavez SYNOPSIS AS INTRODUCED: |
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325 ILCS 5/4 |
from Ch. 23, par. 2054 |
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Amends the Abused and Neglected Child Reporting Act. Provides that "school personnel" who are mandated reporters of child abuse or neglect include administrators and both certified and non-certified school employees. Provides that any school board member who has actual knowledge that a child enrolled in the school district of which he or she is a board member is an abused child as defined in the Act shall immediately report that knowledge to DCFS or cause such a report to be made to DCFS. Provides that within one year after the effective date of this amendatory Act or within one year after becoming a mandated reporter, whichever is later, a person mandated to report suspected abuse or neglect under the Act must do one of the following: (1) read the requirements of the Act concerning mandated reporters, or read a document prepared by or approved by DCFS concerning child abuse and neglect and the making of reports under the Act; or (2) sign a statement, on a form prescribed by or approved by DCFS, to the effect that the person understands his or her responsibilities as a mandated reporter. Makes it a Class 4 felony to fail to make a report to DCFS after receiving 2 or more reports of the same act, incident, or occurrence of child abuse or neglect. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB5375 |
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LRB094 18989 DRJ 54919 b |
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| AN ACT concerning children.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Abused and Neglected Child Reporting Act is | 5 |
| amended by changing Section 4 as follows:
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| (325 ILCS 5/4) (from Ch. 23, par. 2054)
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| Sec. 4. Persons required to report; privileged | 8 |
| communications;
transmitting false report. Any physician, | 9 |
| resident, intern, hospital,
hospital administrator
and | 10 |
| personnel engaged in examination, care and treatment of | 11 |
| persons, surgeon,
dentist, dentist hygienist, osteopath, | 12 |
| chiropractor, podiatrist, physician
assistant, substance abuse | 13 |
| treatment personnel, funeral home
director or employee, | 14 |
| coroner, medical examiner, emergency medical technician,
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| acupuncturist, crisis line or hotline personnel, school | 16 |
| personnel (including administrators and both certified and | 17 |
| non-certified school employees) , educational
advocate assigned | 18 |
| to a child pursuant to the School Code, truant officers,
social | 19 |
| worker, social services administrator,
domestic violence | 20 |
| program personnel, registered nurse, licensed
practical nurse, | 21 |
| genetic counselor,
respiratory care practitioner, advanced | 22 |
| practice nurse, home
health aide, director or staff
assistant | 23 |
| of a nursery school or a child day care center, recreational | 24 |
| program
or facility personnel, law enforcement officer, | 25 |
| licensed professional
counselor, licensed clinical | 26 |
| professional counselor, registered psychologist
and
assistants | 27 |
| working under the direct supervision of a psychologist,
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| psychiatrist, or field personnel of the Illinois Department of | 29 |
| Healthcare and Family Services
Public Aid ,
Public Health, Human | 30 |
| Services (acting as successor to the Department of Mental
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| Health and Developmental Disabilities, Rehabilitation | 32 |
| Services, or Public Aid),
Corrections, Human Rights, or |
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HB5375 |
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LRB094 18989 DRJ 54919 b |
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| Children and Family Services, supervisor and
administrator of | 2 |
| general assistance under the Illinois Public Aid Code,
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| probation officer, or any other foster parent, homemaker or | 4 |
| child care worker
having reasonable cause to believe a child | 5 |
| known to them in their professional
or official capacity may be | 6 |
| an abused child or a neglected child shall
immediately report | 7 |
| or cause a report to be made to the Department.
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| Any member of the clergy having reasonable cause to believe | 9 |
| that a child
known to that member of the clergy in his or her | 10 |
| professional capacity may be
an abused child as defined in item | 11 |
| (c) of the definition of "abused child" in
Section 3 of this | 12 |
| Act shall immediately report or cause a report to be made to
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| the Department.
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| Any school board member who has actual knowledge that a | 15 |
| child who is enrolled in the school district of which he or she | 16 |
| is a board member is an abused child as defined in Section 3 of | 17 |
| this Act shall immediately report that knowledge to the | 18 |
| Department or cause such a report to be made to the Department.
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| Whenever
such person is required to report under this Act | 20 |
| in his capacity as a member of
the staff of a medical or other | 21 |
| public or private institution, school, facility
or agency, or | 22 |
| as a member of the clergy, he shall
make report immediately to | 23 |
| the Department in accordance
with the provisions of this Act | 24 |
| and may also notify the person in charge of
such institution, | 25 |
| school, facility or agency, or church, synagogue, temple,
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| mosque, or other religious institution, or his
designated agent | 27 |
| that such
report has been made. Under no circumstances shall | 28 |
| any person in charge of
such institution, school, facility or | 29 |
| agency, or church, synagogue, temple,
mosque, or other | 30 |
| religious institution, or his
designated agent to whom
such | 31 |
| notification has been made, exercise any control, restraint, | 32 |
| modification
or other change in the report or the forwarding of | 33 |
| such report to the
Department.
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| The privileged quality of communication between any | 35 |
| professional
person required to report
and his patient or | 36 |
| client shall not apply to situations involving abused or
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LRB094 18989 DRJ 54919 b |
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| neglected children and shall not constitute grounds for failure | 2 |
| to report
as required by this Act.
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| A member of the clergy may claim the privilege under | 4 |
| Section 8-803 of the
Code of Civil Procedure.
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| In addition to the above persons required to
report | 6 |
| suspected cases of abused or neglected children, any other | 7 |
| person
may make a report if such person has reasonable cause to | 8 |
| believe a child
may be an abused child or a neglected child.
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| Any person who enters into
employment on and after July 1, | 10 |
| 1986 and is mandated by virtue of that
employment to report | 11 |
| under this Act, shall sign a statement on a form
prescribed by | 12 |
| the Department, to the effect that the employee has knowledge
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| and understanding of the reporting requirements of this Act. | 14 |
| The statement
shall be signed prior to commencement of the | 15 |
| employment. The signed
statement shall be retained by the | 16 |
| employer. The cost of printing,
distribution, and filing of the | 17 |
| statement shall be borne by the employer.
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| Within one year after the effective date of this amendatory | 19 |
| Act of the 94th General Assembly or within one year after | 20 |
| becoming a mandated reporter, whichever is later, a person | 21 |
| mandated to report suspected abuse or neglect under this | 22 |
| Section must do one of the following: | 23 |
| (1) read the requirements of this Act concerning | 24 |
| mandated reporters, or read a document prepared by or | 25 |
| approved by the Department concerning child abuse and | 26 |
| neglect and the making of reports under this Section; or | 27 |
| (2) sign a statement, on a form prescribed by or | 28 |
| approved by the Department, to the effect that the person | 29 |
| understands his or her responsibilities under this | 30 |
| Section.
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| The Department shall provide copies of this Act, upon | 32 |
| request, to all
employers employing persons who shall be | 33 |
| required under the provisions of
this Section to report under | 34 |
| this Act.
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| Any person who knowingly transmits a false report to the | 36 |
| Department
commits the offense of disorderly conduct under |
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| subsection (a)(7) of
Section 26-1 of the "Criminal Code of | 2 |
| 1961". Any person who violates this
provision a second or | 3 |
| subsequent time shall be guilty of a Class 3
felony.
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| Any person who knowingly and willfully violates any | 5 |
| provision of this
Section other than a second or subsequent | 6 |
| violation of transmitting a
false report as described in the
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| preceding paragraph, is guilty of a Class A misdemeanor for
a | 8 |
| first violation (other than a failure to make a report to the | 9 |
| Department after receiving 2 or more reports of the same act, | 10 |
| incident, or occurrence of child abuse or neglect) and a Class | 11 |
| 4 felony for a
second or subsequent violation or for failure to | 12 |
| make a report to the Department after receiving 2 or more | 13 |
| reports of the same act, incident, or occurrence of child abuse | 14 |
| or neglect ; except that if the person acted as part
of a plan | 15 |
| or scheme having as its object the
prevention of discovery of | 16 |
| an abused or neglected child by lawful authorities
for the
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| purpose of protecting or insulating any person or entity from | 18 |
| arrest or
prosecution, the
person is guilty of a Class 4 felony | 19 |
| for a first offense and a Class 3 felony
for a second or
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| subsequent offense (regardless of whether the second or | 21 |
| subsequent offense
involves any
of the same facts or persons as | 22 |
| the first or other prior offense).
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| A child whose parent, guardian or custodian in good faith | 24 |
| selects and depends
upon spiritual means through prayer alone | 25 |
| for the treatment or cure of
disease or remedial care may be | 26 |
| considered neglected or abused, but not for
the sole reason | 27 |
| that his parent, guardian or custodian accepts and
practices | 28 |
| such beliefs.
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| A child shall not be considered neglected or abused solely | 30 |
| because the
child is not attending school in accordance with | 31 |
| the requirements of
Article 26 of the School Code, as amended.
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| (Source: P.A. 92-16, eff. 6-28-01; 92-801, eff. 8-16-02; | 33 |
| 93-137, eff. 7-10-03; 93-356, eff. 7-24-03; 93-431, eff. | 34 |
| 8-5-03; 93-1041, eff. 9-29-04; revised 12-15-05.)
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| Section 99. Effective date. This Act takes effect upon |
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HB5375 |
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LRB094 18989 DRJ 54919 b |
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| becoming law.
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