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91_HB2822
LRB9104613DJcd
1 AN ACT to amend the Abused and Neglected Child Reporting
2 Act by changing Section 4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Abused and Neglected Child Reporting Act
6 is amended by changing Section 4 as follows:
7 (325 ILCS 5/4) (from Ch. 23, par. 2054)
8 Sec. 4. Any physician, resident, intern, hospital,
9 hospital administrator and personnel engaged in examination,
10 care and treatment of persons, surgeon, dentist, dentist
11 hygienist, osteopath, chiropractor, podiatrist, physician
12 assistant, substance abuse treatment personnel, pastor,
13 priest, rabbi, or other leader or official, or clerical or
14 other employee, of a church, synagogue, temple, mosque, or
15 other religious group with which the suspected abused or
16 neglected child is affiliated (unless the person occupies a
17 confessor or counselor relationship with the suspected abused
18 or neglected child), Christian Science practitioner, funeral
19 home director or employee, coroner, medical examiner,
20 emergency medical technician, acupuncturist, crisis line or
21 hotline personnel, school personnel, educational advocate
22 assigned to a child pursuant to the School Code, truant
23 officers, social worker, social services administrator,
24 domestic violence program personnel, registered nurse,
25 licensed practical nurse, director or staff assistant of a
26 nursery school or a child day care center, recreational
27 program or facility personnel, law enforcement officer,
28 registered psychologist and assistants working under the
29 direct supervision of a psychologist, psychiatrist, or field
30 personnel of the Illinois Department of Public Aid, Public
31 Health, Human Services (acting as successor to the Department
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1 of Mental Health and Developmental Disabilities,
2 Rehabilitation Services, or Public Aid), Corrections, Human
3 Rights, or Children and Family Services, supervisor and
4 administrator of general assistance under the Illinois Public
5 Aid Code, probation officer, or any other foster parent,
6 homemaker or child care worker having reasonable cause to
7 believe a child known to them in their professional or
8 official capacity may be an abused child or a neglected child
9 shall immediately report or cause a report to be made to the
10 Department. Whenever such person is required to report under
11 this Act in his capacity as a member of the staff of a
12 medical or other public or private institution, school,
13 facility or agency, he shall make report immediately to the
14 Department in accordance with the provisions of this Act and
15 may also notify the person in charge of such institution,
16 school, facility or agency or his designated agent that such
17 report has been made. Under no circumstances shall any
18 person in charge of such institution, school, facility or
19 agency, or his designated agent to whom such notification has
20 been made, exercise any control, restraint, modification or
21 other change in the report or the forwarding of such report
22 to the Department. The privileged quality of communication
23 between any professional person required to report and his
24 patient or client shall not apply to situations involving
25 abused or neglected children and shall not constitute grounds
26 for failure to report as required by this Act. In addition
27 to the above persons required to report suspected cases of
28 abused or neglected children, any other person may make a
29 report if such person has reasonable cause to believe a child
30 may be an abused child or a neglected child. Any person who
31 enters into employment on and after July 1, 1986 and is
32 mandated by virtue of that employment to report under this
33 Act, shall sign a statement on a form prescribed by the
34 Department, to the effect that the employee has knowledge and
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1 understanding of the reporting requirements of this Act. The
2 statement shall be signed prior to commencement of the
3 employment. The signed statement shall be retained by the
4 employer. The cost of printing, distribution, and filing of
5 the statement shall be borne by the employer. The Department
6 shall provide copies of this Act, upon request, to all
7 employers employing persons who shall be required under the
8 provisions of this Section to report under this Act.
9 Any person who knowingly transmits a false report to the
10 Department commits the offense of disorderly conduct under
11 subsection (a)(7) of Section 26-1 of the "Criminal Code of
12 1961". Any person who violates this provision a second or
13 subsequent time shall be guilty of a Class 4 felony.
14 Any person who knowingly and willfully violates any
15 provision of this Section other than a second or subsequent
16 violation of transmitting a false report as described in the
17 preceding paragraph, shall be guilty of a Class A
18 misdemeanor.
19 A child whose parent, guardian or custodian in good faith
20 selects and depends upon spiritual means through prayer
21 alone for the treatment or cure of disease or remedial care
22 may be considered neglected or abused, but not for the sole
23 reason that his parent, guardian or custodian accepts and
24 practices such beliefs.
25 A child shall not be considered neglected or abused
26 solely because the child is not attending school in
27 accordance with the requirements of Article 26 of the School
28 Code, as amended.
29 (Source: P.A. 89-363, eff. 1-1-96; 89-507, eff. 7-1-97;
30 89-706, eff. 1-31-97; 90-116, eff. 7-14-97.)