Illinois General Assembly - Full Text of SB2516
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Full Text of SB2516  100th General Assembly




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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 4 as follows:
6    (325 ILCS 5/4)
7    Sec. 4. Persons required to report; privileged
8communications; transmitting false report. Any physician,
9resident, intern, hospital, hospital administrator and
10personnel engaged in examination, care and treatment of
11persons, surgeon, dentist, dentist hygienist, osteopath,
12chiropractor, podiatric physician, physician assistant,
13substance abuse treatment personnel, funeral home director or
14employee, coroner, medical examiner, emergency medical
15technician, acupuncturist, crisis line or hotline personnel,
16school personnel (including administrators and both certified
17and non-certified school employees), personnel of institutions
18of higher education, educational advocate assigned to a child
19pursuant to the School Code, member of a school board or the
20Chicago Board of Education or the governing body of a private
21school (but only to the extent required in accordance with
22other provisions of this Section expressly concerning the duty
23of school board members to report suspected child abuse),



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1truant officers, social worker, social services administrator,
2domestic violence program personnel, registered nurse,
3licensed practical nurse, genetic counselor, respiratory care
4practitioner, advanced practice registered nurse, home health
5aide, director or staff assistant of a nursery school or a
6child day care center, recreational or athletic program or
7facility personnel, early intervention provider as defined in
8the Early Intervention Services System Act, law enforcement
9officer, licensed professional counselor, licensed clinical
10professional counselor, registered psychologist and assistants
11working under the direct supervision of a psychologist,
12psychiatrist, or field personnel of the Department of
13Healthcare and Family Services, Juvenile Justice, Public
14Health, Human Services (acting as successor to the Department
15of Mental Health and Developmental Disabilities,
16Rehabilitation Services, or Public Aid), Corrections, Human
17Rights, or Children and Family Services, supervisor and
18administrator of general assistance under the Illinois Public
19Aid Code, probation officer, animal control officer or Illinois
20Department of Agriculture Bureau of Animal Health and Welfare
21field investigator, or any other foster parent, homemaker or
22child care worker having reasonable cause to believe a child
23known to them in their professional or official capacity may be
24an abused child or a neglected child shall immediately report
25or cause a report to be made to the Department.
26    Any member of the clergy having reasonable cause to believe



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1that a child known to that member of the clergy in his or her
2professional capacity may be an abused child as defined in item
3(c) of the definition of "abused child" in Section 3 of this
4Act shall immediately report or cause a report to be made to
5the Department.
6    Any physician, physician's assistant, registered nurse,
7licensed practical nurse, medical technician, certified
8nursing assistant, social worker, or licensed professional
9counselor of any office, clinic, or any other physical location
10that provides abortions, abortion referrals, or contraceptives
11having reasonable cause to believe a child known to him or her
12in his or her professional or official capacity may be an
13abused child or a neglected child shall immediately report or
14cause a report to be made to the Department.
15    If an allegation is raised to a school board member during
16the course of an open or closed school board meeting that a
17child who is enrolled in the school district of which he or she
18is a board member is an abused child as defined in Section 3 of
19this Act, the member shall direct or cause the school board to
20direct the superintendent of the school district or other
21equivalent school administrator to comply with the
22requirements of this Act concerning the reporting of child
23abuse. For purposes of this paragraph, a school board member is
24granted the authority in his or her individual capacity to
25direct the superintendent of the school district or other
26equivalent school administrator to comply with the



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1requirements of this Act concerning the reporting of child
3    Notwithstanding any other provision of this Act, if an
4employee of a school district has made a report or caused a
5report to be made to the Department under this Act involving
6the conduct of a current or former employee of the school
7district and a request is made by another school district for
8the provision of information concerning the job performance or
9qualifications of the current or former employee because he or
10she is an applicant for employment with the requesting school
11district, the general superintendent of the school district to
12which the request is being made must disclose to the requesting
13school district the fact that an employee of the school
14district has made a report involving the conduct of the
15applicant or caused a report to be made to the Department, as
16required under this Act. Only the fact that an employee of the
17school district has made a report involving the conduct of the
18applicant or caused a report to be made to the Department may
19be disclosed by the general superintendent of the school
20district to which the request for information concerning the
21applicant is made, and this fact may be disclosed only in cases
22where the employee and the general superintendent have not been
23informed by the Department that the allegations were unfounded.
24An employee of a school district who is or has been the subject
25of a report made pursuant to this Act during his or her
26employment with the school district must be informed by that



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1school district that if he or she applies for employment with
2another school district, the general superintendent of the
3former school district, upon the request of the school district
4to which the employee applies, shall notify that requesting
5school district that the employee is or was the subject of such
6a report.
7    Whenever such person is required to report under this Act
8in his capacity as a member of the staff of a medical or other
9public or private institution, school, facility or agency, or
10as a member of the clergy, he shall make report immediately to
11the Department in accordance with the provisions of this Act
12and may also notify the person in charge of such institution,
13school, facility or agency, or church, synagogue, temple,
14mosque, or other religious institution, or his designated agent
15that such report has been made. Under no circumstances shall
16any person in charge of such institution, school, facility or
17agency, or church, synagogue, temple, mosque, or other
18religious institution, or his designated agent to whom such
19notification has been made, exercise any control, restraint,
20modification or other change in the report or the forwarding of
21such report to the Department.
22    The privileged quality of communication between any
23professional person required to report and his patient or
24client shall not apply to situations involving abused or
25neglected children and shall not constitute grounds for failure
26to report as required by this Act or constitute grounds for



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1failure to share information or documents with the Department
2during the course of a child abuse or neglect investigation. If
3requested by the professional, the Department shall confirm in
4writing that the information or documents disclosed by the
5professional were gathered in the course of a child abuse or
6neglect investigation.
7    The reporting requirements of this Act shall not apply to
8the contents of a privileged communication between an attorney
9and his or her client or to confidential information within the
10meaning of Rule 1.6 of the Illinois Rules of Professional
11Conduct relating to the legal representation of an individual
13    A member of the clergy may claim the privilege under
14Section 8-803 of the Code of Civil Procedure.
15    Any office, clinic, or any other physical location that
16provides abortions, abortion referrals, or contraceptives
17shall provide to all office personnel copies of written
18information and training materials about abuse and neglect and
19the requirements of this Act that are provided to employees of
20the office, clinic, or physical location who are required to
21make reports to the Department under this Act, and instruct
22such office personnel to bring to the attention of an employee
23of the office, clinic, or physical location who is required to
24make reports to the Department under this Act any reasonable
25suspicion that a child known to him or her in his or her
26professional or official capacity may be an abused child or a



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1neglected child. In addition to the above persons required to
2report suspected cases of abused or neglected children, any
3other person may make a report if such person has reasonable
4cause to believe a child may be an abused child or a neglected
6    Any person who enters into employment on and after July 1,
71986 and is mandated by virtue of that employment to report
8under this Act, shall sign a statement on a form prescribed by
9the Department, to the effect that the employee has knowledge
10and understanding of the reporting requirements of this Act.
11The statement shall be signed prior to commencement of the
12employment. Prior to signing the statement, the employer, or a
13representative of the employer, shall inform the employee of
14available mandated reporter training. The mandated reporter
15training may be provided by the Department. The signed
16statement shall be retained by the employer. The cost of
17printing, distribution, and filing of the statement shall be
18borne by the employer.
19    Within one year of initial employment and at least every 5
20years thereafter, school personnel required to report child
21abuse as provided under this Section must complete mandated
22reporter training by a provider or agency with expertise in
23recognizing and reporting child abuse.
24    The Department shall provide copies of this Act, upon
25request, to all employers employing persons who shall be
26required under the provisions of this Section to report under



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1this Act.
2    Any person who knowingly transmits a false report to the
3Department commits the offense of disorderly conduct under
4subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.
5A violation of this provision is a Class 4 felony.
6    Any person who knowingly and willfully violates any
7provision of this Section other than a second or subsequent
8violation of transmitting a false report as described in the
9preceding paragraph, is guilty of a Class A misdemeanor for a
10first violation and a Class 4 felony for a second or subsequent
11violation; except that if the person acted as part of a plan or
12scheme having as its object the prevention of discovery of an
13abused or neglected child by lawful authorities for the purpose
14of protecting or insulating any person or entity from arrest or
15prosecution, the person is guilty of a Class 4 felony for a
16first offense and a Class 3 felony for a second or subsequent
17offense (regardless of whether the second or subsequent offense
18involves any of the same facts or persons as the first or other
19prior offense).
20    A child whose parent, guardian or custodian in good faith
21selects and depends upon spiritual means through prayer alone
22for the treatment or cure of disease or remedial care may be
23considered neglected or abused, but not for the sole reason
24that his parent, guardian or custodian accepts and practices
25such beliefs.
26    A child shall not be considered neglected or abused solely



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1because the child is not attending school in accordance with
2the requirements of Article 26 of the School Code, as amended.
3    Nothing in this Act prohibits a mandated reporter who
4reasonably believes that an animal is being abused or neglected
5in violation of the Humane Care for Animals Act from reporting
6animal abuse or neglect to the Department of Agriculture's
7Bureau of Animal Health and Welfare.
8    A home rule unit may not regulate the reporting of child
9abuse or neglect in a manner inconsistent with the provisions
10of this Section. This Section is a limitation under subsection
11(i) of Section 6 of Article VII of the Illinois Constitution on
12the concurrent exercise by home rule units of powers and
13functions exercised by the State.
14    For purposes of this Section "child abuse or neglect"
15includes abuse or neglect of an adult resident as defined in
16this Act.
17(Source: P.A. 100-513, eff. 1-1-18.)