Illinois General Assembly - Full Text of SB1845
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Full Text of SB1845  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 7.4 as follows:
6    (325 ILCS 5/7.4)  (from Ch. 23, par. 2057.4)
7    Sec. 7.4. (a) The Department shall be capable of receiving
8reports of suspected child abuse or neglect 24 hours a day, 7
9days a week. Whenever the Department receives a report alleging
10that a child is a truant as defined in Section 26-2a of The
11School Code, as now or hereafter amended, the Department shall
12notify the superintendent of the school district in which the
13child resides and the appropriate superintendent of the
14educational service region. The notification to the
15appropriate officials by the Department shall not be considered
16an allegation of abuse or neglect under this Act.
17    (a-5) The Beginning January 1, 2010, the Department of
18Children and Family Services may implement a 5-year
19demonstration of a "differential response program" in
20accordance with criteria, standards, and procedures prescribed
21by rule. The program may provide that, upon receiving a report,
22the Department shall determine whether to conduct a family
23assessment or an investigation as appropriate to prevent or



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1provide a remedy for child abuse or neglect.
2    For purposes of this subsection (a-5), "family assessment"
3means a comprehensive assessment of child safety, risk of
4subsequent child maltreatment, and family strengths and needs
5that is applied to a child maltreatment report that does not
6allege substantial child endangerment. "Family assessment"
7does not include a determination as to whether child
8maltreatment occurred but does determine the need for services
9to address the safety of family members and the risk of
10subsequent maltreatment.
11    For purposes of this subsection (a-5), "investigation"
12means fact-gathering related to the current safety of a child
13and the risk of subsequent abuse or neglect that determines
14whether a report of suspected child abuse or neglect should be
15indicated or unfounded and whether child protective services
16are needed.
17    Under the "differential response program" implemented
18under this subsection (a-5), the Department:
19        (1) Shall conduct an investigation on reports
20    involving substantial child abuse or neglect.
21        (2) Shall begin an immediate investigation if, at any
22    time when it is using a family assessment response, it
23    determines that there is reason to believe that substantial
24    child abuse or neglect or a serious threat to the child's
25    safety exists.
26        (3) May conduct a family assessment for reports that do



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1    not allege substantial child endangerment. In determining
2    that a family assessment is appropriate, the Department may
3    consider issues including, but not limited to, child
4    safety, parental cooperation, and the need for an immediate
5    response.
6        (4) Shall promulgate criteria, standards, and
7    procedures that shall be applied in making this
8    determination, taking into consideration the Child
9    Endangerment Risk Assessment Protocol of the Department.
10        (5) May conduct a family assessment on a report that
11    was initially screened and assigned for an investigation.
12    In determining that a complete investigation is not
13required, the Department must document the reason for
14terminating the investigation and notify the local law
15enforcement agency or the Department of State Police if the
16local law enforcement agency or Department of State Police is
17conducting a joint investigation.
18    Once it is determined that a "family assessment" will be
19implemented, the case shall not be reported to the central
20register of abuse and neglect reports.
21    During a family assessment, the Department shall collect
22any available and relevant information to determine child
23safety, risk of subsequent abuse or neglect, and family
25    Information collected includes, but is not limited to, when
26relevant: information with regard to the person reporting the



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1alleged abuse or neglect, including the nature of the
2reporter's relationship to the child and to the alleged
3offender, and the basis of the reporter's knowledge for the
4report; the child allegedly being abused or neglected; the
5alleged offender; the child's caretaker; and other collateral
6sources having relevant information related to the alleged
7abuse or neglect. Information relevant to the assessment must
8be asked for, and may include:
9        (A) The child's sex and age, prior reports of abuse or
10    neglect, information relating to developmental
11    functioning, credibility of the child's statement, and
12    whether the information provided under this paragraph (A)
13    is consistent with other information collected during the
14    course of the assessment or investigation.
15        (B) The alleged offender's age, a record check for
16    prior reports of abuse or neglect, and criminal charges and
17    convictions. The alleged offender may submit supporting
18    documentation relevant to the assessment.
19        (C) Collateral source information regarding the
20    alleged abuse or neglect and care of the child. Collateral
21    information includes, when relevant: (i) a medical
22    examination of the child; (ii) prior medical records
23    relating to the alleged maltreatment or care of the child
24    maintained by any facility, clinic, or health care
25    professional, and an interview with the treating
26    professionals; and (iii) interviews with the child's



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1    caretakers, including the child's parent, guardian, foster
2    parent, child care provider, teachers, counselors, family
3    members, relatives, and other persons who may have
4    knowledge regarding the alleged maltreatment and the care
5    of the child.
6        (D) Information on the existence of domestic abuse and
7    violence in the home of the child, and substance abuse.
8    Nothing in this subsection (a-5) precludes the Department
9from collecting other relevant information necessary to
10conduct the assessment or investigation. Nothing in this
11subsection (a-5) shall be construed to allow the name or
12identity of a reporter to be disclosed in violation of the
13protections afforded under Section 7.19 of this Act.
14    After conducting the family assessment, the Department
15shall determine whether services are needed to address the
16safety of the child and other family members and the risk of
17subsequent abuse or neglect.
18    Upon completion of the family assessment, if the Department
19concludes that no services shall be offered, then the case
20shall be closed. If the Department concludes that services
21shall be offered, the Department shall develop a family
22preservation plan and offer or refer services to the family.
23    At any time during a family assessment, if the Department
24believes there is any reason to stop the assessment and conduct
25an investigation based on the information discovered, the
26Department shall do so.



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1    The procedures available to the Department in conducting
2investigations under this Act shall be followed as appropriate
3during a family assessment.
4    If the Department implements a differential response
5program authorized under this subsection (a-5), the Department
6shall arrange for an independent evaluation of the program for
7at least the first 3 years of implementation to determine
8whether it is meeting the goals in accordance with Section 2 of
9this Act. The Department shall arrange for an independent
10evaluation of the "differential response program" authorized
11and implemented under this subsection (a-5) to determine
12whether it is meeting the goals in accordance with Section 2 of
13this Act. The Department may adopt administrative rules
14necessary for the execution of this Section, in accordance with
15Section 4 of the Children and Family Services Act.
16    The Department shall submit a report to the General
17Assembly by January 15, 2018 on the implementation progress and
18recommendations for additional needed legislative changes.
19    The demonstration conducted under this subsection (a-5)
20shall become a permanent program on July 1, 2016, upon
21completion of the demonstration project period.
22    (b)(1) The following procedures shall be followed in the
23investigation of all reports of suspected abuse or neglect of a
24child, except as provided in subsection (c) of this Section.
25    (2) If, during a family assessment authorized by subsection
26(a-5) or an investigation, it appears that the immediate safety



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1or well-being of a child is endangered, that the family may
2flee or the child disappear, or that the facts otherwise so
3warrant, the Child Protective Service Unit shall commence an
4investigation immediately, regardless of the time of day or
5night. All other investigations shall be commenced within 24
6hours of receipt of the report. Upon receipt of a report, the
7Child Protective Service Unit shall conduct a family assessment
8authorized by subsection (a-5) or begin an initial
9investigation and make an initial determination whether the
10report is a good faith indication of alleged child abuse or
12    (3) Based on an initial investigation, if the Unit
13determines the report is a good faith indication of alleged
14child abuse or neglect, then a formal investigation shall
15commence and, pursuant to Section 7.12 of this Act, may or may
16not result in an indicated report. The formal investigation
17shall include: direct contact with the subject or subjects of
18the report as soon as possible after the report is received; an
19evaluation of the environment of the child named in the report
20and any other children in the same environment; a determination
21of the risk to such children if they continue to remain in the
22existing environments, as well as a determination of the
23nature, extent and cause of any condition enumerated in such
24report; the name, age and condition of other children in the
25environment; and an evaluation as to whether there would be an
26immediate and urgent necessity to remove the child from the



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1environment if appropriate family preservation services were
2provided. After seeing to the safety of the child or children,
3the Department shall forthwith notify the subjects of the
4report in writing, of the existence of the report and their
5rights existing under this Act in regard to amendment or
6expungement. To fulfill the requirements of this Section, the
7Child Protective Service Unit shall have the capability of
8providing or arranging for comprehensive emergency services to
9children and families at all times of the day or night.
10    (4) If (i) at the conclusion of the Unit's initial
11investigation of a report, the Unit determines the report to be
12a good faith indication of alleged child abuse or neglect that
13warrants a formal investigation by the Unit, the Department,
14any law enforcement agency or any other responsible agency and
15(ii) the person who is alleged to have caused the abuse or
16neglect is employed or otherwise engaged in an activity
17resulting in frequent contact with children and the alleged
18abuse or neglect are in the course of such employment or
19activity, then the Department shall, except in investigations
20where the Director determines that such notification would be
21detrimental to the Department's investigation, inform the
22appropriate supervisor or administrator of that employment or
23activity that the Unit has commenced a formal investigation
24pursuant to this Act, which may or may not result in an
25indicated report. The Department shall also notify the person
26being investigated, unless the Director determines that such



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1notification would be detrimental to the Department's
3    (c) In an investigation of a report of suspected abuse or
4neglect of a child by a school employee at a school or on
5school grounds, the Department shall make reasonable efforts to
6follow the following procedures:
7        (1) Investigations involving teachers shall not, to
8    the extent possible, be conducted when the teacher is
9    scheduled to conduct classes. Investigations involving
10    other school employees shall be conducted so as to minimize
11    disruption of the school day. The school employee accused
12    of child abuse or neglect may have his superior, his
13    association or union representative and his attorney
14    present at any interview or meeting at which the teacher or
15    administrator is present. The accused school employee
16    shall be informed by a representative of the Department, at
17    any interview or meeting, of the accused school employee's
18    due process rights and of the steps in the investigation
19    process. The information shall include, but need not
20    necessarily be limited to the right, subject to the
21    approval of the Department, of the school employee to
22    confront the accuser, if the accuser is 14 years of age or
23    older, or the right to review the specific allegations
24    which gave rise to the investigation, and the right to
25    review all materials and evidence that have been submitted
26    to the Department in support of the allegation. These due



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1    process rights shall also include the right of the school
2    employee to present countervailing evidence regarding the
3    accusations.
4        (2) If a report of neglect or abuse of a child by a
5    teacher or administrator does not involve allegations of
6    sexual abuse or extreme physical abuse, the Child
7    Protective Service Unit shall make reasonable efforts to
8    conduct the initial investigation in coordination with the
9    employee's supervisor.
10        If the Unit determines that the report is a good faith
11    indication of potential child abuse or neglect, it shall
12    then commence a formal investigation under paragraph (3) of
13    subsection (b) of this Section.
14        (3) If a report of neglect or abuse of a child by a
15    teacher or administrator involves an allegation of sexual
16    abuse or extreme physical abuse, the Child Protective Unit
17    shall commence an investigation under paragraph (2) of
18    subsection (b) of this Section.
19    (c-5) In any instance in which a report is made or caused
20to made by a school district employee involving the conduct of
21a person employed by the school district, at the time the
22report was made, as required under Section 4 of this Act, the
23Child Protective Service Unit shall send a copy of its final
24finding report to the general superintendent of that school
26    (d) If the Department has contact with an employer, or with



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1a religious institution or religious official having
2supervisory or hierarchical authority over a member of the
3clergy accused of the abuse of a child, in the course of its
4investigation, the Department shall notify the employer or the
5religious institution or religious official, in writing, when a
6report is unfounded so that any record of the investigation can
7be expunged from the employee's or member of the clergy's
8personnel or other records. The Department shall also notify
9the employee or the member of the clergy, in writing, that
10notification has been sent to the employer or to the
11appropriate religious institution or religious official
12informing the employer or religious institution or religious
13official that the Department's investigation has resulted in an
14unfounded report.
15    (e) Upon request by the Department, the Department of State
16Police and law enforcement agencies are authorized to provide
17criminal history record information as defined in the Illinois
18Uniform Conviction Information Act and information maintained
19in the adjudicatory and dispositional record system as defined
20in Section 2605-355 of the Department of State Police Law (20
21ILCS 2605/2605-355) to properly designated employees of the
22Department of Children and Family Services if the Department
23determines the information is necessary to perform its duties
24under the Abused and Neglected Child Reporting Act, the Child
25Care Act of 1969, and the Children and Family Services Act. The
26request shall be in the form and manner required by the



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1Department of State Police. Any information obtained by the
2Department of Children and Family Services under this Section
3is confidential and may not be transmitted outside the
4Department of Children and Family Services other than to a
5court of competent jurisdiction or unless otherwise authorized
6by law. Any employee of the Department of Children and Family
7Services who transmits confidential information in violation
8of this Section or causes the information to be transmitted in
9violation of this Section is guilty of a Class A misdemeanor
10unless the transmittal of the information is authorized by this
11Section or otherwise authorized by law.
12    (f) For purposes of this Section "child abuse or neglect"
13includes abuse or neglect of an adult resident as defined in
14this Act.
15(Source: P.A. 98-1141, eff. 12-30-14.)