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 |
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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 |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Abused and Neglected Child Reporting Act is | 5 | | amended by changing Sections 4 and 11.5 as follows:
| 6 | | (325 ILCS 5/4)
| 7 | | Sec. 4. Persons required to report; privileged | 8 | | communications;
transmitting false report. | 9 | | (a) The following persons are required to immediately | 10 | | report to the Department when they have reasonable cause to | 11 | | believe that a child known to them in their professional or | 12 | | official capacities may be an abused child or a neglected | 13 | | child: | 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 | 2 | | and are required to report under this Act share a reasonable | 3 | | cause to believe that a child may be an abused or neglected | 4 | | child, a single report may be made by a designated reporter. | 5 | | The designated reporter must provide written confirmation of | 6 | | the report to the 2 mandated reporters within 48 hours. If | 7 | | confirmation is not provided, the 2 mandated reporters are | 8 | | individually responsible for immediately ensuring that a | 9 | | report is made. Nothing in this Section precludes any person | 10 | | from reporting child abuse or child neglect. | 11 | | (b)(1) As used in this Section, "a child known to them in | 12 | | their 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 | 3 | | the mandated reporter in order for the reporter to make a | 4 | | report of suspected child abuse or child neglect. | 5 | | Any physician, resident, intern, hospital,
hospital | 6 | | administrator
and personnel engaged in examination, care and | 7 | | treatment of persons, surgeon,
dentist, dentist hygienist, | 8 | | osteopath, chiropractor, podiatric physician, physician
| 9 | | assistant, substance abuse treatment personnel, funeral home
| 10 | | director or employee, coroner, medical examiner, emergency | 11 | | medical technician,
acupuncturist, crisis line or hotline | 12 | | personnel, school personnel (including administrators and both | 13 | | certified and non-certified school employees), personnel of | 14 | | institutions of higher education, educational
advocate | 15 | | assigned to a child pursuant to the School Code, member of a | 16 | | school board or the Chicago Board of Education or the governing | 17 | | body of a private school (but only to the extent required in | 18 | | accordance with other provisions of this Section expressly | 19 | | concerning the duty of school board members to report suspected | 20 | | child abuse), truant officers,
social worker, social services | 21 | | administrator,
domestic violence program personnel, registered | 22 | | nurse, licensed
practical nurse, genetic counselor,
| 23 | | respiratory care practitioner, advanced practice registered | 24 | | nurse, home
health aide, director or staff
assistant of a | 25 | | nursery school or a child day care center, recreational or | 26 | | athletic program
or facility personnel, early intervention |
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| 1 | | provider as defined in the Early Intervention Services System | 2 | | Act, law enforcement officer, licensed professional
counselor, | 3 | | licensed clinical professional counselor, registered | 4 | | psychologist
and
assistants working under the direct | 5 | | supervision of a psychologist,
psychiatrist, or field | 6 | | personnel of the Department of Healthcare and Family Services,
| 7 | | Juvenile Justice, Public Health, Human Services (acting as | 8 | | successor to the Department of Mental
Health and Developmental | 9 | | Disabilities, Rehabilitation Services, or Public Aid),
| 10 | | Corrections, Human Rights, or Children and Family Services, | 11 | | supervisor and
administrator of general assistance under the | 12 | | Illinois Public Aid Code,
probation officer, animal control | 13 | | officer or Illinois Department of Agriculture Bureau of Animal | 14 | | Health and Welfare field investigator, or any other foster | 15 | | parent, homemaker or child care worker
having reasonable cause | 16 | | to believe a child known to them in their professional
or | 17 | | official capacity may be an abused child or a neglected child | 18 | | shall
immediately report or cause a report to be made to the | 19 | | Department.
| 20 | | Any member of the clergy having reasonable cause to believe | 21 | | that a child
known to that member of the clergy in his or her | 22 | | professional capacity may be
an abused child as defined in item | 23 | | (c) of the definition of "abused child" in
Section 3 of this | 24 | | Act shall immediately report or cause a report to be made to
| 25 | | the Department.
| 26 | | Any physician, physician's assistant, registered nurse, |
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| 1 | | licensed practical nurse, medical technician, certified | 2 | | nursing assistant, social worker, or licensed professional | 3 | | counselor of any office, clinic, or any other physical location | 4 | | that provides abortions, abortion referrals, or contraceptives | 5 | | having reasonable cause to believe a child known to him or her | 6 | | in his or her professional
or official capacity may be an | 7 | | abused child or a neglected child shall
immediately report or | 8 | | cause a report to be made to the Department. | 9 | | (c) If an allegation is raised to a school board member | 10 | | during the course of an open or closed school board meeting | 11 | | that a child who is enrolled in the school district of which he | 12 | | or she is a board member is an abused child as defined in | 13 | | Section 3 of this Act, the member shall direct or cause the | 14 | | school board to direct the superintendent of the school | 15 | | district or other equivalent school administrator to comply | 16 | | with the requirements of this Act concerning the reporting of | 17 | | child abuse. For purposes of this paragraph, a school board | 18 | | member is granted the authority in his or her individual | 19 | | capacity to direct the superintendent of the school district or | 20 | | other equivalent school administrator to comply with the | 21 | | requirements of this Act concerning the reporting of child | 22 | | abuse.
| 23 | | Notwithstanding any other provision of this Act, if an | 24 | | employee of a school district has made a report or caused a | 25 | | report to be made to the Department under this Act involving | 26 | | the conduct of a current or former employee of the school |
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| 1 | | district and a request is made by another school district for | 2 | | the provision of information concerning the job performance or | 3 | | qualifications of the current or former employee because he or | 4 | | she is an applicant for employment with the requesting school | 5 | | district, the general superintendent of the school district to | 6 | | which the request is being made must disclose to the requesting | 7 | | school district the fact that an employee of the school | 8 | | district has made a report involving the conduct of the | 9 | | applicant or caused a report to be made to the Department, as | 10 | | required under this Act. Only the fact that an employee of the | 11 | | school district has made a report involving the conduct of the | 12 | | applicant or caused a report to be made to the Department may | 13 | | be disclosed by the general superintendent of the school | 14 | | district to which the request for information concerning the | 15 | | applicant is made, and this fact may be disclosed only in cases | 16 | | where the employee and the general superintendent have not been | 17 | | informed by the Department that the allegations were unfounded. | 18 | | An employee of a school district who is or has been the subject | 19 | | of a report made pursuant to this Act during his or her | 20 | | employment with the school district must be informed by that | 21 | | school district that if he or she applies for employment with | 22 | | another school district, the general superintendent of the | 23 | | former school district, upon the request of the school district | 24 | | to which the employee applies, shall notify that requesting | 25 | | school district that the employee is or was the subject of such | 26 | | a report.
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| 1 | | (d) Whenever
such person is required to report under this | 2 | | Act in his capacity as a member of
the staff of a medical or | 3 | | other public or private institution, school, facility
or | 4 | | agency, or as a member of the clergy, he shall
make report | 5 | | immediately to the Department in accordance
with the provisions | 6 | | of this Act and may also notify the person in charge of
such | 7 | | institution, school, facility or agency, or church, synagogue, | 8 | | temple,
mosque, or other religious institution, or his
| 9 | | designated agent that such
report has been made. Under no | 10 | | circumstances shall any person in charge of
such institution, | 11 | | school, facility or agency, or church, synagogue, temple,
| 12 | | mosque, or other religious institution, or his
designated agent | 13 | | to whom
such notification has been made, exercise any control, | 14 | | restraint, modification
or other change in the report or the | 15 | | forwarding of such report to the
Department.
| 16 | | (e) In addition to the persons required to report suspected | 17 | | cases of child abuse or child neglect under this Section, any | 18 | | other person may make a report if such person has reasonable | 19 | | cause to believe a child may be an abused child or a neglected | 20 | | child. | 21 | | (f) The privileged quality of communication between any | 22 | | professional
person required to report
and his patient or | 23 | | client shall not apply to situations involving abused or
| 24 | | neglected children and shall not constitute grounds for failure | 25 | | to report
as required by this Act or constitute grounds for | 26 | | failure to share information or documents with the Department |
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| 1 | | during the course of a child abuse or neglect investigation. If | 2 | | requested by the professional, the Department shall confirm in | 3 | | writing that the information or documents disclosed by the | 4 | | professional were gathered in the course of a child abuse or | 5 | | neglect investigation.
| 6 | | The reporting requirements of this Act shall not apply to | 7 | | the contents of a privileged communication between an attorney | 8 | | and his or her client or to confidential information within the | 9 | | meaning of Rule 1.6 of the Illinois Rules of Professional | 10 | | Conduct relating to the legal representation of an individual | 11 | | client. | 12 | | A member of the clergy may claim the privilege under | 13 | | Section 8-803 of the
Code of Civil Procedure.
| 14 | | (g) Any office, clinic, or any other physical location that | 15 | | provides abortions, abortion referrals, or contraceptives | 16 | | shall provide to all office personnel copies of written | 17 | | information and training materials about abuse and neglect and | 18 | | the requirements of this Act that are provided to employees of | 19 | | the office, clinic, or physical location who are required to | 20 | | make reports to the Department under this Act, and instruct | 21 | | such office personnel to bring to the attention of an employee | 22 | | of the office, clinic, or physical location who is required to | 23 | | make reports to the Department under this Act any reasonable | 24 | | suspicion that a child known to him or her in his or her | 25 | | professional or official capacity may be an abused child or a | 26 | | neglected child. In addition to the above persons required to
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| 1 | | report suspected cases of abused or neglected children, any | 2 | | other person
may make a report if such person has reasonable | 3 | | cause to believe a child
may be an abused child or a neglected | 4 | | child.
| 5 | | (h) Any person who enters into
employment on and after July | 6 | | 1, 1986 and is mandated by virtue of that
employment to report | 7 | | under this Act, shall sign a statement on a form
prescribed by | 8 | | the Department, to the effect that the employee has knowledge
| 9 | | and understanding of the reporting requirements of this Act. On | 10 | | and after January 1, 2019, the statement
shall also include | 11 | | information about available mandated reporter training | 12 | | provided by the Department. The statement
shall be signed prior | 13 | | to commencement of the employment. The signed
statement shall | 14 | | be retained by the employer. The cost of printing,
| 15 | | distribution, and filing of the statement shall be borne by the | 16 | | employer.
| 17 | | (i) Persons Within one year of initial employment and at | 18 | | least every 5 years thereafter, school personnel required to | 19 | | report child abuse or child neglect as provided under this | 20 | | Section must complete mandated reporter training provided | 21 | | through or approved by the Department. The training must be | 22 | | completed within 3 months of the date of engagement in the
| 23 | | professional or official capacity as a mandated reporter and
| 24 | | every 3 years thereafter. Child-serving organizations are | 25 | | encouraged to provide in-person annual trainings. | 26 | | By January 1, 2020, the Department shall adopt rules on its |
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| 1 | | process for approving mandated reporter trainings. Each person | 2 | | required to report child abuse or child neglect under this | 3 | | Section shall certify to his or her employer and, when | 4 | | applicable, to his or her licensing or certification board that | 5 | | he or she received the mandated reporter training through or | 6 | | approved by the Department. The mandated reporter shall | 7 | | maintain records of completion. | 8 | | Beginning January 1, 2021, if a mandated reporter receives | 9 | | licensure from the Department of Financial and Professional | 10 | | Regulation and his or her profession has continuing education | 11 | | requirements, the required continuing education hours must | 12 | | include the training mandated under this Section. | 13 | | by a provider or agency with expertise in recognizing and | 14 | | reporting child abuse. | 15 | | (j) The Department shall provide copies of this Act, upon | 16 | | request, to all
employers employing persons who shall be | 17 | | required under the provisions of
this Section to report under | 18 | | this Act.
| 19 | | (k) Any person who knowingly transmits a false report to | 20 | | the Department
commits the offense of disorderly conduct under | 21 | | subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. | 22 | | A violation of this provision is a Class 4 felony.
| 23 | | Any person who knowingly and willfully violates any | 24 | | provision of this
Section other than a second or subsequent | 25 | | violation of transmitting a
false report as described in the
| 26 | | preceding paragraph, is guilty of a
Class A misdemeanor for
a |
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| 1 | | first violation and a Class
4 felony for a
second or subsequent | 2 | | violation; except that if the person acted as part
of a plan or | 3 | | scheme having as its object the
prevention of discovery of an | 4 | | abused or neglected child by lawful authorities
for the
purpose | 5 | | of protecting or insulating any person or entity from arrest or
| 6 | | prosecution, the
person is guilty of a Class 4 felony for a | 7 | | first offense and a Class 3 felony
for a second or
subsequent | 8 | | offense (regardless of whether the second or subsequent offense
| 9 | | involves any
of the same facts or persons as the first or other | 10 | | prior offense).
| 11 | | (l) A child whose parent, guardian or custodian in good | 12 | | faith selects and depends
upon spiritual means through prayer | 13 | | alone for the treatment or cure of
disease or remedial care may | 14 | | be considered neglected or abused, but not for
the sole reason | 15 | | that his parent, guardian or custodian accepts and
practices | 16 | | such beliefs.
| 17 | | (m) A child shall not be considered neglected or abused | 18 | | solely because the
child is not attending school in accordance | 19 | | with the requirements of
Article 26 of the School Code, as | 20 | | amended.
| 21 | | (n) Nothing in this Act prohibits a mandated reporter who | 22 | | reasonably believes that an animal is being abused or neglected | 23 | | in violation of the Humane Care for Animals Act from reporting | 24 | | animal abuse or neglect to the Department of Agriculture's | 25 | | Bureau of Animal Health and Welfare. | 26 | | (o) A home rule unit may not regulate the reporting of |
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| 1 | | child abuse or neglect in a manner inconsistent with the | 2 | | provisions of this Section. This Section is a limitation under | 3 | | subsection (i) of Section 6 of Article VII of the Illinois | 4 | | Constitution on the concurrent exercise by home rule units of | 5 | | powers and functions exercised by the State. | 6 | | (p) For purposes of this Section "child abuse or neglect" | 7 | | includes abuse or neglect of an adult resident as defined in | 8 | | this 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 | 13 | | and procedures for educating members of the public about their | 14 | | right to report when they have a reasonable cause to believe a | 15 | | child may be an abused or neglected child. The rules and | 16 | | procedures 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 | 24 | | shall conduct
a continuing education and training program for | 25 | | State and local staff,
persons and officials required to | 26 | | report, the general public, and other
persons engaged in or |
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| 1 | | intending to engage in the prevention, identification,
and | 2 | | treatment of child abuse and neglect. The program shall be | 3 | | designed
to encourage the fullest degree of reporting of known | 4 | | and suspected child
abuse and neglect, and to improve | 5 | | communication, cooperation, and coordination
among all | 6 | | agencies in the identification, prevention, and treatment of | 7 | | child
abuse and neglect. The program shall inform the general | 8 | | public and
professionals of the nature and extent of child | 9 | | abuse and neglect and their
responsibilities, obligations, | 10 | | powers and immunity from liability under
this Act. It may | 11 | | include information on the diagnosis of child abuse and
neglect | 12 | | and the roles and procedures of the Child Protective Service | 13 | | Unit,
the Department and central register, the courts and of | 14 | | the protective,
treatment, and ameliorative
services available | 15 | | to children and their families. Such information may
also | 16 | | include special needs of mothers at risk of delivering a child | 17 | | whose
life or development may be threatened by a disabling | 18 | | condition, to ensure
informed consent to treatment of the | 19 | | condition and understanding of the
unique child care | 20 | | responsibilities required for such a child. The program
may | 21 | | also encourage parents and other persons
having responsibility | 22 | | for the welfare of children to seek assistance on
their own in | 23 | | meeting their child care responsibilities and encourage the
| 24 | | voluntary acceptance of available services when they are | 25 | | needed. It may
also include publicity and dissemination of | 26 | | information on the existence
and number of the 24 hour, |
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| 1 | | State-wide, toll-free telephone service to assist
persons | 2 | | seeking assistance and to receive reports of known and | 3 | | suspected
abuse and neglect.
| 4 | | (c) Within the appropriation available, the Department | 5 | | also shall conduct
a continuing education and training program | 6 | | for State and local staff
involved in investigating reports of | 7 | | child abuse or neglect made under this
Act. The program shall | 8 | | be designed to train such staff in the necessary
and | 9 | | appropriate procedures to be followed in investigating cases | 10 | | which it
appears may result in civil or criminal charges being | 11 | | filed against a
person. Program subjects shall include but not | 12 | | be limited to the gathering
of evidence with a view toward | 13 | | presenting such evidence in court and the
involvement of State | 14 | | or local law enforcement agencies in the investigation.
The | 15 | | program shall be conducted in cooperation with State or local | 16 | | law
enforcement agencies, State's Attorneys and other | 17 | | components of the
criminal justice system as the Department | 18 | | deems appropriate.
| 19 | | (Source: P.A. 99-143, eff. 7-27-15.)
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