Illinois General Assembly - Full Text of SB1778
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Full Text of SB1778  101st General Assembly

SB1778 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1778

 

Introduced 2/15/2019, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
325 ILCS 5/4
325 ILCS 5/11.5  from Ch. 23, par. 2061.5

    Amends the Abused and Neglected Child Reporting Act. Removes the list of mandated reports under the Act and instead lists several categories of professionals required to report suspected child abuse and neglect to the Department of Children and Family Services, including: (1) medical personnel; (2) social services and mental health personnel; and (3) crisis intervention personnel. Provides that when 2 or more persons who work within the same workplace and are required to report under the Act share a reasonable cause to believe that a child may be an abused or neglected child, a single report may be made by a designated reporter. Provides that nothing in the Act requires a child to come before the mandated reporter in order for the reporter to make a report of suspected child abuse or child neglect. Provides that persons required to report under the Act must complete mandated reporter training provided through or approved by the Department and that the training must be completed within a specified timeframe. Requires the Department to adopt rules by January 1, 2020 on its process for approving mandated reporter training. Provides that, by January 1, 2021, continuing education requirements for persons licensed by the Department of Financial and Professional Regulation must include mandated reporter training. Requires the Department, by January 1, 2020, to adopt rules and procedures for educating members of the public about their right to report child abuse or neglect. Requires the Department to seek assistance from businesses and organizations on raising awareness about child abuse and child neglect and the Department's statewide toll-free child abuse hotline.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1778LRB101 09333 KTG 54429 b

1    AN ACT concerning State government.
 
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 Sections 4 and 11.5 as follows:
 
6    (325 ILCS 5/4)
7    Sec. 4. Persons required to report; privileged
8communications; transmitting false report.
9    (a) The following persons are required to immediately
10report to the Department when they have reasonable cause to
11believe that a child known to them in their professional or
12official capacities may be an abused child or a neglected
13child:
14        (1) Medical personnel, including any: physician
15    licensed to practice medicine in any of its branches
16    (medical doctor or doctor of osteopathy); resident;
17    intern; hospital administrator or personnel engaged in the
18    examination, care, and treatment of persons; psychiatrist;
19    surgeon; dentist; dental hygienist; chiropractic
20    physician; podiatric physician; physician assistant;
21    emergency medical technician; acupuncturist; registered
22    nurse; licensed practical nurse; advanced practice
23    registered nurse; genetic counselor; respiratory care

 

 

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1    practitioner; home health aide; or certified nursing
2    assistant.
3        (2) Social services and mental health personnel,
4    including any: licensed professional counselor; licensed
5    clinical professional counselor; licensed social worker;
6    licensed clinical social worker; licensed psychologist or
7    assistant working under the direct supervision of a
8    psychologist; licensed marriage or family therapist; field
9    personnel of the Departments of Healthcare and Family
10    Services, Public Health, Human Services, Human Rights, or
11    Children and Family Services; supervisor or administrator
12    of the General Assistance program established under
13    Article VI of the Illinois Public Aid Code; social services
14    administrator; or substance abuse treatment personnel.
15        (3) Crisis intervention personnel, including any:
16    crisis line or hotline personnel or domestic violence
17    program personnel.
18        (4) Education personnel, including any: school
19    personnel (including administrators and certified and
20    non-certified school employees); personnel of institutions
21    of higher education; educational advocate assigned to a
22    child in accordance with the School Code; member of a
23    school board or the Chicago Board of Education or the
24    governing body of a private school (but only to the extent
25    required in accordance with other provisions of this
26    Section expressly concerning the duty of school board

 

 

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1    members to report suspected child abuse); or truant
2    officer.
3        (5) Recreation or athletic program or facility
4    personnel.
5        (6) Child care personnel, including any: early
6    intervention provider as defined in the Early Intervention
7    Services System Act; director or staff assistant of a
8    nursery school or a child day care center; or foster
9    parent, homemaker, or child care worker.
10        (7) Law enforcement personnel, including any: law
11    enforcement officer; field personnel of the Department of
12    Juvenile Justice; field personnel of the Department of
13    Corrections; probation officer; animal control officer; or
14    field investigator of the Department of Agriculture's
15    Bureau of Animal Health and Welfare.
16        (8) Any funeral home director; funeral home director
17    and embalmer; funeral home employee; coroner; or medical
18    examiner.
19        (9) Any member of the clergy.
20        (10) Any physician, physician assistant, registered
21    nurse, licensed practical nurse, medical technician,
22    certified nursing assistant, licensed social worker,
23    licensed clinical social worker, or licensed professional
24    counselor of any office, clinic, or any other physical
25    location that provides abortions, abortion referrals, or
26    contraceptives.

 

 

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1    When 2 or more persons who work within the same workplace
2and are required to report under this Act share a reasonable
3cause to believe that a child may be an abused or neglected
4child, a single report may be made by a designated reporter.
5The designated reporter must provide written confirmation of
6the report to the 2 mandated reporters within 48 hours. If
7confirmation is not provided, the 2 mandated reporters are
8individually responsible for immediately ensuring that a
9report is made. Nothing in this Section precludes any person
10from reporting child abuse or child neglect.
11    (b)(1) As used in this Section, "a child known to them in
12their professional or official capacities" means:
13        (A) the mandated reporter comes into contact with the
14    child in the course of the reporter's employment or
15    practice of a profession, or through a regularly scheduled
16    program, activity, or service;
17        (B) the mandated reporter is affiliated with an agency,
18    institution, organization, school, school district,
19    regularly established church or religious organization, or
20    other entity that is directly responsible for the care,
21    supervision, guidance, or training of the child; or
22        (C) a person makes a specific disclosure to the
23    mandated reporter that an identifiable child is the victim
24    of child abuse or child neglect, and the disclosure happens
25    while the mandated reporter is engaged in his or her
26    employment or practice of a profession, or in a regularly

 

 

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1    scheduled program, activity, or service.
2    (2) Nothing in this Section requires a child to come before
3the mandated reporter in order for the reporter to make a
4report of suspected child abuse or child neglect.
5Any physician, resident, intern, hospital, hospital
6administrator and personnel engaged in examination, care and
7treatment of persons, surgeon, dentist, dentist hygienist,
8osteopath, chiropractor, podiatric physician, physician
9assistant, substance abuse treatment personnel, funeral home
10director or employee, coroner, medical examiner, emergency
11medical technician, acupuncturist, crisis line or hotline
12personnel, school personnel (including administrators and both
13certified and non-certified school employees), personnel of
14institutions of higher education, educational advocate
15assigned to a child pursuant to the School Code, member of a
16school board or the Chicago Board of Education or the governing
17body of a private school (but only to the extent required in
18accordance with other provisions of this Section expressly
19concerning the duty of school board members to report suspected
20child abuse), truant officers, social worker, social services
21administrator, domestic violence program personnel, registered
22nurse, licensed practical nurse, genetic counselor,
23respiratory care practitioner, advanced practice registered
24nurse, home health aide, director or staff assistant of a
25nursery school or a child day care center, recreational or
26athletic program or facility personnel, early intervention

 

 

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1provider as defined in the Early Intervention Services System
2Act, law enforcement officer, licensed professional counselor,
3licensed clinical professional counselor, registered
4psychologist and assistants working under the direct
5supervision of a psychologist, psychiatrist, or field
6personnel of the Department of Healthcare and Family Services,
7Juvenile Justice, Public Health, Human Services (acting as
8successor to the Department of Mental Health and Developmental
9Disabilities, Rehabilitation Services, or Public Aid),
10Corrections, Human Rights, or Children and Family Services,
11supervisor and administrator of general assistance under the
12Illinois Public Aid Code, probation officer, animal control
13officer or Illinois Department of Agriculture Bureau of Animal
14Health and Welfare field investigator, or any other foster
15parent, homemaker or child care worker having reasonable cause
16to believe a child known to them in their professional or
17official capacity may be an abused child or a neglected child
18shall immediately report or cause a report to be made to the
19Department.
20    Any member of the clergy having reasonable cause to believe
21that a child known to that member of the clergy in his or her
22professional capacity may be an abused child as defined in item
23(c) of the definition of "abused child" in Section 3 of this
24Act shall immediately report or cause a report to be made to
25the Department.
26    Any physician, physician's assistant, registered nurse,

 

 

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

 

 

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1district and a request is made by another school district for
2the provision of information concerning the job performance or
3qualifications of the current or former employee because he or
4she is an applicant for employment with the requesting school
5district, the general superintendent of the school district to
6which the request is being made must disclose to the requesting
7school district the fact that an employee of the school
8district has made a report involving the conduct of the
9applicant or caused a report to be made to the Department, as
10required under this Act. Only the fact that an employee of the
11school district has made a report involving the conduct of the
12applicant or caused a report to be made to the Department may
13be disclosed by the general superintendent of the school
14district to which the request for information concerning the
15applicant is made, and this fact may be disclosed only in cases
16where the employee and the general superintendent have not been
17informed by the Department that the allegations were unfounded.
18An employee of a school district who is or has been the subject
19of a report made pursuant to this Act during his or her
20employment with the school district must be informed by that
21school district that if he or she applies for employment with
22another school district, the general superintendent of the
23former school district, upon the request of the school district
24to which the employee applies, shall notify that requesting
25school district that the employee is or was the subject of such
26a report.

 

 

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1    (d) Whenever such person is required to report under this
2Act in his capacity as a member of the staff of a medical or
3other public or private institution, school, facility or
4agency, or as a member of the clergy, he shall make report
5immediately to the Department in accordance with the provisions
6of this Act and may also notify the person in charge of such
7institution, school, facility or agency, or church, synagogue,
8temple, mosque, or other religious institution, or his
9designated agent that such report has been made. Under no
10circumstances shall any person in charge of such institution,
11school, facility or agency, or church, synagogue, temple,
12mosque, or other religious institution, or his designated agent
13to whom such notification has been made, exercise any control,
14restraint, modification or other change in the report or the
15forwarding of such report to the Department.
16    (e) In addition to the persons required to report suspected
17cases of child abuse or child neglect under this Section, any
18other person may make a report if such person has reasonable
19cause to believe a child may be an abused child or a neglected
20child.
21    (f) The privileged quality of communication between any
22professional person required to report and his patient or
23client shall not apply to situations involving abused or
24neglected children and shall not constitute grounds for failure
25to report as required by this Act or constitute grounds for
26failure to share information or documents with the Department

 

 

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

 

 

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1report suspected cases of abused or neglected children, any
2other person may make a report if such person has reasonable
3cause to believe a child may be an abused child or a neglected
4child.
5    (h) Any person who enters into employment on and after July
61, 1986 and is mandated by virtue of that employment to report
7under this Act, shall sign a statement on a form prescribed by
8the Department, to the effect that the employee has knowledge
9and understanding of the reporting requirements of this Act. On
10and after January 1, 2019, the statement shall also include
11information about available mandated reporter training
12provided by the Department. The statement shall be signed prior
13to commencement of the employment. The signed statement shall
14be retained by the employer. The cost of printing,
15distribution, and filing of the statement shall be borne by the
16employer.
17    (i) Persons Within one year of initial employment and at
18least every 5 years thereafter, school personnel required to
19report child abuse or child neglect as provided under this
20Section must complete mandated reporter training provided
21through or approved by the Department. The training must be
22completed within 3 months of the date of engagement in the
23professional or official capacity as a mandated reporter and
24every 3 years thereafter. Child-serving organizations are
25encouraged to provide in-person annual trainings.
26    By January 1, 2020, the Department shall adopt rules on its

 

 

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1process for approving mandated reporter trainings. Each person
2required to report child abuse or child neglect under this
3Section shall certify to his or her employer and, when
4applicable, to his or her licensing or certification board that
5he or she received the mandated reporter training through or
6approved by the Department. The mandated reporter shall
7maintain records of completion.
8    Beginning January 1, 2021, if a mandated reporter receives
9licensure from the Department of Financial and Professional
10Regulation and his or her profession has continuing education
11requirements, the required continuing education hours must
12include the training mandated under this Section.
13by a provider or agency with expertise in recognizing and
14reporting child abuse.
15    (j) The Department shall provide copies of this Act, upon
16request, to all employers employing persons who shall be
17required under the provisions of this Section to report under
18this Act.
19    (k) Any person who knowingly transmits a false report to
20the Department commits the offense of disorderly conduct under
21subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.
22A violation of this provision is a Class 4 felony.
23    Any person who knowingly and willfully violates any
24provision of this Section other than a second or subsequent
25violation of transmitting a false report as described in the
26preceding paragraph, is guilty of a Class A misdemeanor for a

 

 

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1first violation and a Class 4 felony for a second or subsequent
2violation; except that if the person acted as part of a plan or
3scheme having as its object the prevention of discovery of an
4abused or neglected child by lawful authorities for the purpose
5of protecting or insulating any person or entity from arrest or
6prosecution, the person is guilty of a Class 4 felony for a
7first offense and a Class 3 felony for a second or subsequent
8offense (regardless of whether the second or subsequent offense
9involves any of the same facts or persons as the first or other
10prior offense).
11    (l) A child whose parent, guardian or custodian in good
12faith selects and depends upon spiritual means through prayer
13alone for the treatment or cure of disease or remedial care may
14be considered neglected or abused, but not for the sole reason
15that his parent, guardian or custodian accepts and practices
16such beliefs.
17    (m) A child shall not be considered neglected or abused
18solely because the child is not attending school in accordance
19with the requirements of Article 26 of the School Code, as
20amended.
21    (n) Nothing in this Act prohibits a mandated reporter who
22reasonably believes that an animal is being abused or neglected
23in violation of the Humane Care for Animals Act from reporting
24animal abuse or neglect to the Department of Agriculture's
25Bureau of Animal Health and Welfare.
26    (o) A home rule unit may not regulate the reporting of

 

 

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1child abuse or neglect in a manner inconsistent with the
2provisions of this Section. This Section is a limitation under
3subsection (i) of Section 6 of Article VII of the Illinois
4Constitution on the concurrent exercise by home rule units of
5powers and functions exercised by the State.
6    (p) For purposes of this Section "child abuse or neglect"
7includes abuse or neglect of an adult resident as defined in
8this Act.
9(Source: P.A. 100-513, eff. 1-1-18; 100-1071, eff. 1-1-19.)
 
10    (325 ILCS 5/11.5)  (from Ch. 23, par. 2061.5)
11    Sec. 11.5. Public awareness program.
12    (a) By January 1, 2020, the Department shall adopt rules
13and procedures for educating members of the public about their
14right to report when they have a reasonable cause to believe a
15child may be an abused or neglected child. The rules and
16procedures shall include the following:
17        (1) No later than 6 months after the effective date of
18    this amendatory Act of the 101st General Assembly, the
19    Department of Children and Family Services shall develop
20    culturally-sensitive materials about child abuse and child
21    neglect, the statewide toll-free telephone number
22    established under Section 7.6, and the process for
23    reporting any reasonable suspicion of child abuse or child
24    neglect.
25        (2) The Department shall reach out to businesses and

 

 

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1    organizations to seek assistance in raising awareness
2    about child abuse and child neglect and the statewide
3    toll-free telephone number established under Section 7.6,
4    including posting notices. The Department shall make a
5    model notice available for download on the Department's
6    website. The model notice shall:
7            (A) be available in English, Spanish, and the 2
8        other languages most widely spoken in the State;
9            (B) be at least 8 1/2 inches by 11 inches in size
10        and written in a 16-point font;
11            (C) include the following statement:
12                "Protecting children is a responsibility we
13            all share. It is important for every person to take
14            child abuse and child neglect seriously, to be able
15            to recognize when it happens, and to know what to
16            do next. If you have reason to believe a child you
17            know is being abused or neglected, call the State's
18            child abuse hotline: 1-800-25-ABUSE
19            (1-800-252-2873, 1-800-358-5117 (TTY)."; and
20            (D) include the Department's website address where
21        more information about child abuse and child neglect is
22        available.
23    (b) Within the appropriation available, the Department
24shall conduct a continuing education and training program for
25State and local staff, persons and officials required to
26report, the general public, and other persons engaged in or

 

 

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1intending to engage in the prevention, identification, and
2treatment of child abuse and neglect. The program shall be
3designed to encourage the fullest degree of reporting of known
4and suspected child abuse and neglect, and to improve
5communication, cooperation, and coordination among all
6agencies in the identification, prevention, and treatment of
7child abuse and neglect. The program shall inform the general
8public and professionals of the nature and extent of child
9abuse and neglect and their responsibilities, obligations,
10powers and immunity from liability under this Act. It may
11include information on the diagnosis of child abuse and neglect
12and the roles and procedures of the Child Protective Service
13Unit, the Department and central register, the courts and of
14the protective, treatment, and ameliorative services available
15to children and their families. Such information may also
16include special needs of mothers at risk of delivering a child
17whose life or development may be threatened by a disabling
18condition, to ensure informed consent to treatment of the
19condition and understanding of the unique child care
20responsibilities required for such a child. The program may
21also encourage parents and other persons having responsibility
22for the welfare of children to seek assistance on their own in
23meeting their child care responsibilities and encourage the
24voluntary acceptance of available services when they are
25needed. It may also include publicity and dissemination of
26information on the existence and number of the 24 hour,

 

 

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1State-wide, toll-free telephone service to assist persons
2seeking assistance and to receive reports of known and
3suspected abuse and neglect.
4    (c) Within the appropriation available, the Department
5also shall conduct a continuing education and training program
6for State and local staff involved in investigating reports of
7child abuse or neglect made under this Act. The program shall
8be designed to train such staff in the necessary and
9appropriate procedures to be followed in investigating cases
10which it appears may result in civil or criminal charges being
11filed against a person. Program subjects shall include but not
12be limited to the gathering of evidence with a view toward
13presenting such evidence in court and the involvement of State
14or local law enforcement agencies in the investigation. The
15program shall be conducted in cooperation with State or local
16law enforcement agencies, State's Attorneys and other
17components of the criminal justice system as the Department
18deems appropriate.
19(Source: P.A. 99-143, eff. 7-27-15.)