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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
91_SB0082eng SB82 Engrossed 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, nurse 20 practitioner, home health aide, director or staff assistant 21 of a 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 Engrossed -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 Engrossed -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.