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Public Act 101-0583


 

Public Act 0583 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0583
 
SB1239 EnrolledLRB101 04962 KTG 49971 b

    AN ACT concerning children.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Abused and Neglected Child Reporting Act is
amended by changing Sections 7 and 7.3 as follows:
 
    (325 ILCS 5/7)  (from Ch. 23, par. 2057)
    Sec. 7. Time and manner of making reports. All reports of
suspected child abuse or neglect made under this Act shall be
made immediately by telephone to the central register
established under Section 7.7 on the single, State-wide,
toll-free telephone number established in Section 7.6, or in
person or by telephone through the nearest Department office.
The Department shall, in cooperation with school officials,
distribute appropriate materials in school buildings listing
the toll-free telephone number established in Section 7.6,
including methods of making a report under this Act. The
Department may, in cooperation with appropriate members of the
clergy, distribute appropriate materials in churches,
synagogues, temples, mosques, or other religious buildings
listing the toll-free telephone number established in Section
7.6, including methods of making a report under this Act.
    Wherever the Statewide number is posted, there shall also
be posted the following notice:
    "Any person who knowingly transmits a false report to the
Department commits the offense of disorderly conduct under
subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.
A violation of this subsection is a Class 4 felony."
    The report required by this Act shall include, if known,
the name and address of the child and his parents or other
persons having his custody; the child's age; the nature of the
child's condition including any evidence of previous injuries
or disabilities; and any other information that the person
filing the report believes might be helpful in establishing the
cause of such abuse or neglect and the identity of the person
believed to have caused such abuse or neglect. Reports made to
the central register through the State-wide, toll-free
telephone number shall be immediately transmitted by the
Department to the appropriate Child Protective Service Unit.
All such reports alleging the death of a child, serious injury
to a child including, but not limited to, brain damage, skull
fractures, subdural hematomas, and internal injuries, torture
of a child, malnutrition of a child, and sexual abuse to a
child, including, but not limited to, sexual intercourse,
sexual exploitation, sexual molestation, and sexually
transmitted disease in a child age 12 and under, shall also be
immediately transmitted by the Department to the appropriate
local law enforcement agency. The Department shall within 24
hours orally notify local law enforcement personnel and the
office of the State's Attorney of the involved county of the
receipt of any report alleging the death of a child, serious
injury to a child including, but not limited to, brain damage,
skull fractures, subdural hematomas, and, internal injuries,
torture of a child, malnutrition of a child, and sexual abuse
to a child, including, but not limited to, sexual intercourse,
sexual exploitation, sexual molestation, and sexually
transmitted disease in a child age twelve and under. All oral
reports made by the Department to local law enforcement
personnel and the office of the State's Attorney of the
involved county shall be confirmed in writing within 24 hours
of the oral report. All reports by persons mandated to report
under this Act shall be confirmed in writing to the appropriate
Child Protective Service Unit, which may be on forms supplied
by the Department, within 48 hours of any initial report.
    Any report received by the Department alleging the abuse or
neglect of a child by a person who is not the child's parent, a
member of the child's immediate family, a person responsible
for the child's welfare, an individual residing in the same
home as the child, or a paramour of the child's parent shall
immediately be referred to the appropriate local law
enforcement agency for consideration of criminal investigation
or other action.
    Written confirmation reports from persons not required to
report by this Act may be made to the appropriate Child
Protective Service Unit. Written reports from persons required
by this Act to report shall be admissible in evidence in any
judicial proceeding or administrative hearing relating to
child abuse or neglect. Reports involving known or suspected
child abuse or neglect in public or private residential
agencies or institutions shall be made and received in the same
manner as all other reports made under this Act.
    For purposes of this Section "child" includes an adult
resident as defined in this Act.
(Source: P.A. 96-1446, eff. 8-20-10; 97-189, eff. 7-22-11;
97-387, eff. 8-15-11; 97-813, eff. 7-13-12; 97-1150, eff.
1-25-13.)
 
    (325 ILCS 5/7.3)  (from Ch. 23, par. 2057.3)
    Sec. 7.3. (a) The Department shall be the sole agency
responsible for receiving and investigating reports of child
abuse or neglect made under this Act, including reports of
adult resident abuse or neglect as defined in this Act, except
where investigations by other agencies may be required with
respect to reports alleging the abuse or neglect of a child by
a person who is not the child's parent, a member of the child's
immediate family, a person responsible for the child's welfare,
an individual residing in the same home as the child, or a
paramour of the child's parent, the death of a child, serious
injury to a child or sexual abuse to a child made pursuant to
Sections 4.1 or 7 of this Act, and except that the Department
may delegate the performance of the investigation to the
Department of State Police, a law enforcement agency and to
those private social service agencies which have been
designated for this purpose by the Department prior to July 1,
1980.
    (b) Notwithstanding any other provision of this Act, the
Department shall adopt rules expressly allowing law
enforcement personnel to investigate reports of suspected
child abuse or neglect concurrently with the Department,
without regard to whether the Department determines a report to
be "indicated" or "unfounded" or deems a report to be
"undetermined".
    (c) By June 1, 2016, the Department shall adopt rules that
address and set forth criteria and standards relevant to
investigations of reports of abuse or neglect committed by any
agency, as defined in Section 3 of this Act, or person working
for an agency responsible for the welfare of a child or adult
resident.
(Source: P.A. 99-350, eff. 6-1-16.)

Effective Date: 1/1/2020