State of Illinois
91st General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]


SB82 Enrolled                                 LRB9100951SMprA

 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, Christian
13    Science practitioner,  funeral  home  director  or  employee,
14    coroner,  medical  examiner,  emergency  medical  technician,
15    acupuncturist,  crisis  line  or  hotline  personnel,  school
16    personnel,  educational advocate assigned to a child pursuant
17    to the School Code, truant officers,  social  worker,  social
18    services  administrator, domestic violence program personnel,
19    registered nurse, licensed practical nurse, advanced practice
20    nurse, home health aide, director or  staff  assistant  of  a
21    nursery  school  or  a  child  day  care center, recreational
22    program  or  facility  personnel,  law  enforcement  officer,
23    registered psychologist  and  assistants  working  under  the
24    direct  supervision of a psychologist, psychiatrist, or field
25    personnel of the Illinois Department of  Public  Aid,  Public
26    Health, Human Services (acting as successor to the Department
27    of    Mental    Health    and   Developmental   Disabilities,
28    Rehabilitation Services, or Public Aid),  Corrections,  Human
29    Rights,  or  Children  and  Family  Services,  supervisor and
30    administrator of general assistance under the Illinois Public
31    Aid Code, probation officer,  or  any  other  foster  parent,
SB82 Enrolled              -2-                LRB9100951SMprA
 1    homemaker  or  child  care  worker having reasonable cause to
 2    believe a child  known  to  them  in  their  professional  or
 3    official capacity may be an abused child or a neglected child
 4    shall  immediately report or cause a report to be made to the
 5    Department.  Whenever such person is required to report under
 6    this Act in his capacity as  a  member  of  the  staff  of  a
 7    medical  or  other  public  or  private  institution, school,
 8    facility or agency, he shall make report immediately  to  the
 9    Department  in accordance with the provisions of this Act and
10    may also notify the person in  charge  of  such  institution,
11    school,  facility or agency or his designated agent that such
12    report has been  made.   Under  no  circumstances  shall  any
13    person  in  charge  of  such institution, school, facility or
14    agency, or his designated agent to whom such notification has
15    been made, exercise any control, restraint,  modification  or
16    other  change  in the report or the forwarding of such report
17    to the Department.  The privileged quality  of  communication
18    between  any  professional  person required to report and his
19    patient or client shall not  apply  to  situations  involving
20    abused or neglected children and shall not constitute grounds
21    for  failure  to report as required by this Act.  In addition
22    to the above persons required to report  suspected  cases  of
23    abused  or  neglected  children,  any other person may make a
24    report if such person has reasonable cause to believe a child
25    may be an abused child or a neglected child.  Any person  who
26    enters  into  employment  on  and  after  July 1, 1986 and is
27    mandated by virtue of that employment to  report  under  this
28    Act,  shall  sign  a  statement  on  a form prescribed by the
29    Department, to the effect that the employee has knowledge and
30    understanding of the reporting requirements of this Act.  The
31    statement shall  be  signed  prior  to  commencement  of  the
32    employment.   The  signed  statement shall be retained by the
33    employer.  The cost of printing, distribution, and filing  of
34    the  statement shall be borne by the employer. The Department
SB82 Enrolled              -3-                LRB9100951SMprA
 1    shall provide copies  of  this  Act,  upon  request,  to  all
 2    employers  employing  persons who shall be required under the
 3    provisions of this Section to report under this Act.
 4        Any person who knowingly transmits a false report to  the
 5    Department  commits  the  offense of disorderly conduct under
 6    subsection (a)(7) of Section 26-1 of the  "Criminal  Code  of
 7    1961".  Any  person  who  violates this provision a second or
 8    subsequent time shall be guilty of a Class 4 felony.
 9        Any person  who  knowingly  and  willfully  violates  any
10    provision  of  this Section other than a second or subsequent
11    violation of transmitting a false report as described in  the
12    preceding   paragraph,   shall   be   guilty  of  a  Class  A
13    misdemeanor.
14        A child whose parent, guardian or custodian in good faith
15    selects and  depends  upon  spiritual  means  through  prayer
16    alone  for  the treatment or cure of disease or remedial care
17    may be considered neglected or abused, but not for  the  sole
18    reason  that  his  parent,  guardian or custodian accepts and
19    practices such beliefs.
20        A child shall  not  be  considered  neglected  or  abused
21    solely   because   the  child  is  not  attending  school  in
22    accordance with the requirements of Article 26 of the  School
23    Code, as amended.
24    (Source:  P.A.  89-363,  eff.  1-1-96;  89-507,  eff. 7-1-97;
25    89-706, eff. 1-31-97; 90-116, eff. 7-14-97.)

26        Section 99.  Effective date.  This Act takes effect  upon
27    becoming law.

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