Illinois General Assembly - Full Text of HB5990
Illinois General Assembly

Previous General Assemblies

Full Text of HB5990  98th General Assembly


Rep. Michelle Mussman

Filed: 3/14/2014





09800HB5990ham001LRB098 16906 JLK 56957 a


2    AMENDMENT NO. ______. Amend House Bill 5990 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Children's Advocacy Center Act is amended
5by changing 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



09800HB5990ham001- 2 -LRB098 16906 JLK 56957 a

1perpetrators; by requiring the use of collaborative decision
2making and case management, thereby reducing the number of
3times children are questioned and examined, thus preventing
4further trauma of children; by coordinating therapeutic
5intervention and services thereby providing safety and
6treatment for child victims and their families; by developing
7communication, case coordination, and information sharing
8policies and protocols among allied professionals and agencies
9who play a role in child protection in a given jurisdiction; by
10collecting data to report to partner agencies, the community,
11and the General Assembly, and to use in continually improving
12collaborative multidisciplinary investigations; and, by
13maintaining the confidentiality of client records and records
14from partner agencies, to ensure the protection of the privacy
15of children, their families and accused perpetrators. A CAC
16organized and operating under this Act may accept, receive and
17disburse in furtherance of its duties and functions any funds,
18grants and services made available by the State of Illinois and
19its agencies, the federal government and its agencies, a unit
20of local government, or private or civic sources. To the extent
21permitted by applicable law, participating entities shall
22maintain the confidentiality of case-related information which
23includes, but is not limited to, case review discussions, case
24review notes, written reports and records, and verbal exchanges
25is desirable to coordinate the investigation, prosecution and
26treatment referral of child sexual abuse.



09800HB5990ham001- 3 -LRB098 16906 JLK 56957 a

1    Further, the General Assembly finds that the creation of an
2advisory board is desirable to develop a coordinated protocol
3for the handling of child sexual abuse cases among various
4agencies responsible for investigation, prosecution and
5treatment referral and that such agencies should be encouraged
6to adopt such a coordinated protocol.
7    (b) The General Assembly further finds that the most
8precious resource in the State of Illinois is our children. The
9protection of children from physical abuse, sexual abuse and
10exploitation, and neglect, hereinafter "child maltreatment,"
11is at the core of the duties and fundamental responsibilities
12of the General Assembly and provides the highest compelling
13interest to create and maintain a system to effectively respond
14to reports of child maltreatment and protect children from
16(Source: P.A. 86-276.)
17    (55 ILCS 80/2.5 new)
18    Sec. 2.5. Definitions. As used in this Section:
19    "Accreditation" means the process in which certification
20of competency, authority, or credibility is presented by
21standards set by the National Children's Alliance to ensure
22effective, efficient and consistent delivery of services by a
24    "Child maltreatment" includes any act or occurrence, as
25defined in Section 5 of the Criminal Code of 2012, under the



09800HB5990ham001- 4 -LRB098 16906 JLK 56957 a

1Children and Family Services Act or the Juvenile Court Act
2involving either a child victim or child witness.
3    "Children's Advocacy Center" or "CAC" is a child-focused,
4trauma-informed, facility-based program in which
5representatives from law enforcement, child protection,
6prosecution, mental health, forensic interviewing, medical,
7and victim advocacy disciplines collaborate to interview
8children, meet with a child's parent or parents, caregivers,
9and family members, and make team decisions about the
10investigation, prosecution, safety, treatment, and support
11services for child maltreatment cases.
12    "Children's Advocacy Centers of Illinois" or "CACI" is a
13state chapter of the National Children's Alliance ("NCA") and
14organizing entity for Children's Advocacy Centers in the State
15of Illinois. It defines membership and engages member CACs in
16the NCA accreditation process and collecting and sharing of
17data, and provides training, leadership, and technical
18assistance to existing and emerging CACs in the State.
19    "Forensic interview" means an interview between a trained
20forensic interviewer, as defined by NCA standards, and a child
21in which the interviewer obtains information from children in
22an unbiased and fact finding manner that is developmentally
23appropriate and culturally sensitive to support accurate and
24fair decision making by the multidisciplinary team in the
25criminal justice and child protection systems. Whenever
26practical, all parties involved in investigating reports of



09800HB5990ham001- 5 -LRB098 16906 JLK 56957 a

1child maltreatment shall observe the interview, which shall be
2digitally recorded.
3    "Multidisciplinary team" or "MDT" means a group of
4professionals working collaboratively under a written
5protocol, who represent various disciplines from the point of a
6report of child maltreatment to assure the most effective
7coordinated response possible for every child. Employees from
8each participating entity shall be included on the MDT. A CAC's
9MDT must include professionals involved in the coordination,
10investigation, and prosecution of child abuse cases, including
11the CAC's staff, participating law enforcement agencies, the
12county state's attorney, and the Illinois Department of
13Children and Family Services, and must include professionals
14involved in the delivery of services to victims of child
15maltreatment and non-offending parent or parents, caregiver,
16and their families.
17    "National Children's Alliance" or "NCA" means the
18professional membership organization dedicated to helping
19local communities respond to allegations of child abuse in an
20effective and efficient manner. NCA provides training,
21support, technical assistance and leadership on a national
22level to state and local CACs and communities responding to
23reports of child maltreatment. NCA is the national organization
24that provides the standards for CAC accreditation.
25    "Protocol" means a written methodology defining the
26responsibilities of each of the MDT members in the



09800HB5990ham001- 6 -LRB098 16906 JLK 56957 a

1investigation and prosecution of child maltreatment within a
2defined jurisdiction. Written protocols are signed documents
3and are reviewed and/or updated annually, at a minimum, by a
4CAC's Advisory Board.
5    (55 ILCS 80/3)  (from Ch. 23, par. 1803)
6    Sec. 3. Child Advocacy Advisory Board.
7    (a) Each county or group of counties in the State of
8Illinois shall establish a Child Advocacy Advisory Board
9("Advisory Board").
10    Each of the following county officers or State agencies or
11allied professional entities shall designate a representative
12to serve on the Advisory Board: law enforcement within the
13appropriate jurisdiction(s), the sheriff, the Illinois
14Department of Children and Family Services, the State's
15attorney, and the Children's Advocacy Center the county mental
16health department, and the Department of State Police.
17    The Advisory Board chairman may appoint additional members
18of the Advisory Board as is deemed necessary to accomplish the
19purposes of this Act, the additional members to include but not
20be limited to representatives of local law enforcement
21agencies, allied professionals, and the Circuit Courts.
22    (b) The Advisory Board shall have the authority to organize
23itself and appoint, assign, or elect leaders. The Advisory
24Board shall determine the voting rights of multiple members
25from the same agency or entity. from among its members a



09800HB5990ham001- 7 -LRB098 16906 JLK 56957 a

1chairman and such other officers as are deemed necessary. Until
2a chairman is so elected, the State's attorney shall serve as
3interim chairman.
4    (c) The Advisory Board shall adopt, by a majority of the
5members, a written operational protocol. The Advisory Board
6shall, prior to finalization, submit a draft to the Children's
7Advocacy Center of Illinois ("CACI") for review and comments to
8ensure compliance with accreditation standards from NCA. After
9considering the comments of the CACI and upon finalization of
10its protocol, the Advisory Board shall file the protocol with
11the Department of Children and Family Services and the CACI. If
12requested, a copy shall be made available to the public by the
13local CAC. Each Advisory Board shall, on an annual basis,
14review and/or update the written protocol. Any changes made to
15the written protocol shall be approved by majority vote and,
16prior to finalization, a draft shall be submitted to the CACI
17for review and comments to ensure compliance with accreditation
18standards from NCA. After considering the comments of the CACI
19and upon finalization of its protocol, the Advisory Board shall
20file the protocol with the Department of Children and Family
21Services and the CACI child sexual abuse protocol within one
22year after the effective date of this Act. An Advisory Board
23adopting a protocol after the effective date of this amendatory
24Act of 1996 shall, prior to finalization, submit its draft to
25the Illinois Child Advocacy Commission for review and comments.
26After considering the comments of the Illinois Child Advocacy



09800HB5990ham001- 8 -LRB098 16906 JLK 56957 a

1Commission and upon finalization of its protocol, the Advisory
2Board shall file the protocol with the Department of Children
3and Family Services. A copy shall be furnished to the Illinois
4Child Advocacy Commission and to each agency in the county or
5counties which has any involvement with the cases of sexually
6abused children.
7    The Illinois Child Advocacy Commission shall consist of the
8Attorney General and the Directors of the Illinois State Police
9and the Department of Children and Family Services or their
10designees. Additional members may be appointed to the Illinois
11Child Advocacy Commission as deemed necessary by the Attorney
12General and the Directors of the Illinois State Police and the
13Department of Children and Family Services. The Illinois Child
14Advocacy Commission may also provide technical assistance and
15guidance to the Advisory Boards.
16    (d) The purpose of the protocol shall be to ensure
17coordination and cooperation among all agencies involved in
18child maltreatment sexual abuse cases so as to increase the
19efficiency and effectiveness of those agencies, to minimize the
20trauma stress created for the child and his or her
21non-offending parents, caregivers, or family members by the
22investigatory and judicial process, and to ensure that more
23effective treatment is provided for the child and his or her
24non-offending parents, caregivers, or family members. Agencies
25that are members of the Advisory Board are encouraged to amend
26their internal operating protocol in a manner that further



09800HB5990ham001- 9 -LRB098 16906 JLK 56957 a

1facilitates coordination and cooperation among all agencies.
2    (e) The protocol shall be a written document outlining in
3detail the procedures to be used in investigating and
4responding to prosecuting cases arising from alleged child
5maltreatment sexual abuse and in coordinating treatment
6referrals for the child and his or her non-offending parents,
7caregivers, or family members. In preparing the written
8protocol, the Advisory Board shall ensure that the CAC includes
9all of the components listed in Section 4 of this Act. consider
10the following:
11        (1) An interdisciplinary, coordinated systems approach
12    to the investigation of child sexual abuse which shall
13    include, at a minimum;
14            (i) an interagency notification procedure;
15            (ii) a dispute resolution process between the
16        involved agencies when a conflict arises on how to
17        proceed with the investigation of a case;
18            (iii) a policy on interagency decision-making; and
19            (iv) a description of the role each agency has in
20        the investigation of the case;
21        (2) A safe, separate space with assigned personnel
22    designated for the investigation and coordination of child
23    sexual abuse cases;
24        (3) An interdisciplinary case review process for
25    purposes of decision-making, problem solving, systems
26    coordination, and information sharing;



09800HB5990ham001- 10 -LRB098 16906 JLK 56957 a

1        (4) A comprehensive tracking system to receive and
2    coordinate information concerning child sexual abuse cases
3    from each participating agency;
4        (5) Interdisciplinary specialized training for all
5    professionals involved with the victims and families of
6    child sexual abuse cases; and
7        (6) A process for evaluating the implementation and
8    effectiveness of the protocol.
9    (f) The Advisory Board shall evaluate the implementation
10and effectiveness of the protocol required under subsection (c)
11of this Section on an annual basis, and shall propose
12appropriate modifications to the protocol to maximize its
13effectiveness. A report of the Advisory Board's review, along
14with proposed modifications, shall be submitted to the CACI the
15Illinois Child Advocacy Commission for its review and comments.
16After considering the comments of the CACI the Illinois Child
17Advocacy Commission and adopting modifications, the Advisory
18Board shall file its amended protocol with the Department of
19Children and Family Services. A copy of the Advisory Board's
20review and amended protocol shall be furnished to the CACI the
21Illinois Child Advocacy Commission and to the public each
22agency in the county or counties having any involvement with
23the cases covered by the protocol.
24    (g) (Blank). The Advisory Board shall adopt, by a majority
25of the members, a written protocol for coordinating cases of
26serious or fatal injury to a child, following the procedures



09800HB5990ham001- 11 -LRB098 16906 JLK 56957 a

1and purposes described in subsections (c), (d), (e), and (f) of
2this Section. The protocol shall be a written document
3outlining in detail the procedures that will be used by all of
4the agencies involved in investigating and prosecuting cases
5arising from alleged cases of serious or fatal injury to a
6child and in coordinating treatment referrals for the child and
7his or her family.
8(Source: P.A. 95-527, eff. 6-1-08.)
9    (55 ILCS 80/4)  (from Ch. 23, par. 1804)
10    Sec. 4. Children's Advocacy Center.
11    (a) A CAC Children's Advocacy Center ("Center") may be
12established to coordinate the activities of the various
13agencies involved in the investigation, prosecution and
14treatment referral of child maltreatment sexual abuse. The
15individual county or regional Advisory Board shall set the
16written protocol of the CAC within the appropriate jurisdiction
17serve as the governing board for the Center. The operation of
18the CAC Center may be funded through public or private grants,
19contracts, donations, fees, and or any other available sources
20under this Act. Each CAC shall operate to the best of its
21ability in accordance with available funding. In counties in
22which a referendum has been adopted under Section 5 of this
23Act, the Advisory Board, by the majority vote of its members,
24shall submit a proposed annual budget for the operation of the
25CAC Center to the county board, which shall appropriate funds



09800HB5990ham001- 12 -LRB098 16906 JLK 56957 a

1and levy a tax sufficient to operate the CAC Center. The county
2board in each county in which a referendum has been adopted
3shall establish a Children's Advocacy Center Fund and shall
4deposit the net proceeds of the tax authorized by Section 6 of
5this Act in that Fund, which shall be kept separate from all
6other county funds and shall only be used for the purposes of
7this Act.
8    (b) The Advisory Board shall pay from the Children's
9Advocacy Center Fund or from other available funds the salaries
10of all employees of the Center and the expenses of acquiring a
11physical plant for the Center by construction or lease and
12maintaining the Center, including the expenses of
13administering the coordination of the investigation,
14prosecution and treatment referral of child maltreatment
15sexual abuse under the provisions of the protocol adopted
16pursuant to this Act.
17    (c) Every CAC Center shall include at least the following
19        (1) A multidisciplinary An interdisciplinary,
20    coordinated systems approach to the investigation of child
21    maltreatment sexual abuse which shall include, at a
22    minimum;
23            (i) an interagency notification procedure;
24            (ii) a policy on multidisciplinary team
25        collaboration and communication that requires MDT
26        members share information pertinent to investigations



09800HB5990ham001- 13 -LRB098 16906 JLK 56957 a

1        and the safety of children a dispute resolution process
2        between the involved agencies when a conflict arises on
3        how to proceed with the investigation of a case;
4            (iii) (blank); a policy on interagency
5        decision-making; and
6            (iv) a description of the role each agency has in
7        responding to a referral for services in an individual
8        the investigation of the case;
9            (v) a dispute resolution process between the
10        involved agencies when a conflict arises on how to
11        proceed on the referral of a particular case;
12            (vi) a process for the CAC to assist in the
13        forensic interview of children that witness alleged
14        crimes
15            (vii) a child-friendly, trauma informed space for
16        children and their non-offending family members;
17            (viii) an MDT approach including law enforcement,
18        prosecution, medical, mental health, victim advocacy,
19        and other community resources;
20            (ix) medical evaluation on-site or off-site
21        through referral;
22            (x) mental health services on-site or off-site
23        through referral;
24            (xi) on-site forensic interviews;
25            (xii) culturally competent services;
26            (xiii) case tracking and review;



09800HB5990ham001- 14 -LRB098 16906 JLK 56957 a

1            (xiv) case staffing on each investigation;
2            (xv) effective organizational capacity; and
3            (xvi) a policy or procedure to familiarize a child
4        and his or her non-offending family members or
5        guardians with the court process as well as
6        preparations for testifying in court, if necessary.
7        (2) A safe, separate space with assigned personnel
8    designated for the investigation and coordination of child
9    maltreatment sexual abuse cases;
10        (3) A multidisciplinary An interdisciplinary case
11    review process for purposes of decision-making, problem
12    solving, systems coordination, and information sharing;
13        (4) A comprehensive client tracking system to receive
14    and coordinate information concerning child maltreatment
15    sexual abuse cases from each participating agency;
16        (5) Multidisciplinary Interdisciplinary specialized
17    training for all professionals involved with the victims
18    and non-offending family members in families of child
19    maltreatment sexual abuse cases; and
20        (6) A process for evaluating the effectiveness of the
21    CAC Center and its operations.
22    (d) In the event that a CAC Center has been established as
23provided in this Section, the Advisory Board of that CAC Center
24may, by a majority vote of the members, authorize the CAC
25Center to coordinate the activities of the various agencies
26involved in the investigation, prosecution, and treatment



09800HB5990ham001- 15 -LRB098 16906 JLK 56957 a

1referral in cases of serious or fatal injury to a child. For
2CACs receiving funds under Section 5 or 6 of this Act, the The
3Advisory Board shall provide for the financial support of these
4activities in a manner similar to that set out in subsections
5(a) and (b) of this Section and shall be allowed to submit a
6budget that includes support for physical abuse and neglect
7activities to the County Board, which shall appropriate funds
8that may be available under Section 5 of this Act. In
9cooperation with the Department of Children and Family Services
10Child Death Review Teams, the Department of Children and Family
11Services Office of the Inspector General, the Department of
12State Police, and other stakeholders, this protocol must be
13initially implemented in selected counties to the extent that
14State appropriations or funds from other sources for this
15purpose allow.
16    (e) CACI The Illinois Child Advocacy Commission may also
17provide technical assistance and guidance to the Advisory
18Boards and shall make a single annual grant for the purpose of
19providing technical support and assistance for advocacy center
20development in Illinois whenever an appropriation is made by
21the General Assembly specifically for that purpose. The grant
22may be made only to an Illinois not-for-profit corporation that
23qualifies for tax treatment under Section 501(c)(3) of the
24Internal Revenue Code and that has a voting membership
25consisting of children's advocacy centers. The grant may be
26spent on staff, office space, equipment, and other expenses



09800HB5990ham001- 16 -LRB098 16906 JLK 56957 a

1necessary for the development of resource materials and other
2forms of technical support and assistance. The grantee shall
3report to the Commission on the specific uses of grant funds by
4no later than October 1 of each year and shall retain
5supporting documentation for a period of at least 5 years after
6the corresponding report is filed.
7(Source: P.A. 95-527, eff. 6-1-08.)".