Bill Text: IL HB3261 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to implement a differential response program. Provides that under the program, upon receiving a report of suspected child abuse or neglect the Department shall determine whether to conduct a family assessment or an investigation as appropriate to prevent or provide a remedy for child abuse or neglect. Provides that any report that does not involve an allegation of physical or sexual abuse shall be eligible for referral to the differential response program, specifically child maltreatment reports that only allege inadequate supervision of a child or conditions that create an injurious environment to a child. Provides that no family shall be deemed ineligible for participation in the differential response program based upon a prior report of abuse or neglect involving any member of the family. Provides that under the program, the Department shall only conduct a formal child abuse or neglect investigation on reports involving substantial child abuse or neglect. Provides that the Department shall document the outcome of a family assessment, but shall not report the case to the central register. Requires the Department to offer families who participate in a family assessment in-home services provided under the Intact Family Services program and Norman Emergency Cash Assistance and Housing Locator Services, if applicable. Provides that a family has the option of declining the services offered; and that if the family declines the services, the case shall be closed unless the Department determines that sufficient cause exists to begin an investigation. Amends the Department of Human Services Act. Requires the Department of Human Services to establish and administer a direct cash assistance program for youth 18 years of age and older but younger than 24 who are experiencing or are at risk of experiencing homelessness. Provides that under the program, eligible individuals shall receive a monthly direct cash amount of no less than $1,100 for up to 2 years.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-05-19 - Rule 19(a) / Re-referred to Rules Committee [HB3261 Detail]

Download: Illinois-2023-HB3261-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3261 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
20 ILCS 1305/1-85 new
325 ILCS 5/7.4 from Ch. 23, par. 2057.4
325 ILCS 5/7.7 from Ch. 23, par. 2057.7
325 ILCS 5/7.10 from Ch. 23, par. 2057.10
325 ILCS 5/7.15 from Ch. 23, par. 2057.15
Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to implement a differential response program. Provides that under the program, upon receiving a report of suspected child abuse or neglect the Department shall determine whether to conduct a family assessment or an investigation as appropriate to prevent or provide a remedy for child abuse or neglect. Provides that any report that does not involve an allegation of physical or sexual abuse shall be eligible for referral to the differential response program, specifically child maltreatment reports that only allege inadequate supervision of a child or conditions that create an injurious environment to a child. Provides that no family shall be deemed ineligible for participation in the differential response program based upon a prior report of abuse or neglect involving any member of the family. Provides that under the program, the Department shall only conduct a formal child abuse or neglect investigation on reports involving substantial child abuse or neglect. Provides that the Department shall document the outcome of a family assessment, but shall not report the case to the central register. Requires the Department to offer families who participate in a family assessment in-home services provided under the Intact Family Services program and Norman Emergency Cash Assistance and Housing Locator Services, if applicable. Provides that a family has the option of declining the services offered; and that if the family declines the services, the case shall be closed unless the Department determines that sufficient cause exists to begin an investigation. Amends the Department of Human Services Act. Requires the Department of Human Services to establish and administer a direct cash assistance program for youth 18 years of age and older but younger than 24 who are experiencing or are at risk of experiencing homelessness. Provides that under the program, eligible individuals shall receive a monthly direct cash amount of no less than $1,100 for up to 2 years.
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A BILL FOR
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AN ACT concerning children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Human Services Act is amended
by adding Section 1-85 as follows:
(20 ILCS 1305/1-85 new)
Sec. 1-85. Direct cash assistance program for homeless
youth. The Department of Human Services shall establish and
administer a direct cash assistance program for youth 18 years
of age and older but younger than 24 who are experiencing or
are at risk of experiencing homelessness. Under the program,
eligible individuals shall receive a monthly direct cash
amount of no less than $1,100 for up to 2 years. The direct
cash assistance provided under the program shall not be
considered income for purposes of determining eligibility or
the amount of assistance for any public aid benefit provided
under State or, subject to federal approval, federal law. The
Department shall adopt any rules necessary to implement the
program.
Section 10. The Abused and Neglected Child Reporting Act
is amended by changing Sections 7.4, 7.7, 7.10, 7.15 as
follows:

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(325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
Sec. 7.4. (a) The Department shall be capable of receiving
reports of suspected child abuse or neglect 24 hours a day, 7
days a week. Whenever the Department receives a report
alleging that a child is a truant as defined in Section 26-2a
of the School Code, as now or hereafter amended, the
Department shall notify the superintendent of the school
district in which the child resides and the appropriate
superintendent of the educational service region. The
notification to the appropriate officials by the Department
shall not be considered an allegation of abuse or neglect
under this Act.
(a-5) The Department of Children and Family Services shall
may implement a "differential response program" in accordance
with criteria, standards, and procedures prescribed by rule.
Under the program, The program may provide that, upon
receiving a report of suspected child abuse or neglect, the
Department shall determine whether to conduct a family
assessment or an investigation as appropriate to prevent or
provide a remedy for child abuse or neglect. Notwithstanding
any other provision of this Act, any report that does not
involve an allegation of physical or sexual abuse shall be
eligible for referral to the differential response program,
specifically child maltreatment reports that only allege
inadequate supervision of a child or conditions that create an

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injurious environment to a child. No family shall be deemed
ineligible for participation in the differential response
program based upon a prior report of abuse or neglect
involving any member of the family.
For purposes of this subsection (a-5), "family assessment"
means a comprehensive assessment of child safety, risk of
subsequent child maltreatment, and family strengths and needs
that is applied to a child maltreatment report that does not
allege substantial child endangerment as defined in this
subsection. "Family assessment" does not include or result in
a determination as to whether child maltreatment occurred but
does determine the need for services to address the safety of
family members and the risk of subsequent maltreatment.
For purposes of this subsection (a-5), "investigation"
means fact-gathering related to the current safety of a child
and the risk of subsequent abuse or neglect that determines
whether a report of suspected child abuse or neglect should be
indicated or unfounded and whether child protective services
are needed.
For purposes of this subsection (a-5), "substantial child
endangerment" includes conduct by an adult involving or
resulting in sexual abuse, and conduct by a person responsible
for a child's welfare involving or resulting in abandonment,
child fatality, malicious punishment, or abuse or neglect that
causes serious physical injury.
Under the "differential response program" implemented

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under this subsection (a-5), the Department:
(1) Shall only conduct an investigation as provided in
subsection (b) on reports involving substantial child
abuse or neglect.
(2) Shall begin an immediate investigation as provided
in subsection (b) if, at any time when it is using a family
assessment response, it determines that there is reason to
believe that substantial child abuse or neglect or a
serious threat to the child's safety exists.
(3) Shall May conduct a family assessment for reports
that do not allege substantial child endangerment,
including child maltreatment reports that only allege
inadequate supervision of a child or conditions that
create an injurious environment to a child. In determining
that a family assessment is appropriate, the Department
may consider issues, including, but not limited to, child
safety, parental cooperation, and the need for an
immediate response.
(4) Shall promulgate criteria, standards, and
procedures that shall be applied in making its this
determination as to whether a family assessment or
investigation is appropriate, taking into consideration
the Child Endangerment Risk Assessment Protocol of the
Department.
(5) May conduct a family assessment on a report that
was initially screened and assigned for an investigation.

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In determining that a complete investigation is not
required, the Department must document the reason for
terminating the investigation and notify the local law
enforcement agency or the Illinois State Police if the local
law enforcement agency or Illinois State Police is conducting
a joint investigation.
Once it is determined that a "family assessment" will be
implemented, the case shall not be reported to the central
register of abuse and neglect reports. However, the Department
shall document the outcome of the assessment.
During a family assessment, the Department shall collect
any available and relevant information to determine child
safety, risk of subsequent abuse or neglect, and family
strengths.
Information collected includes, but is not limited to,
when relevant: information with regard to the person reporting
the alleged abuse or neglect, including the nature of the
reporter's relationship to the child and to the alleged
offender, and the basis of the reporter's knowledge for the
report; the child allegedly being abused or neglected; the
alleged offender; the child's caretaker; and other collateral
sources having relevant information related to the alleged
abuse or neglect. Information relevant to the assessment must
be asked for, and may include:
(A) The child's sex and age, prior reports of abuse or
neglect, information relating to developmental

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functioning, credibility of the child's statement, and
whether the information provided under this paragraph (A)
is consistent with other information collected during the
course of the assessment or investigation.
(B) The alleged offender's age, a record check for
prior reports of abuse or neglect, and criminal charges
and convictions. The alleged offender may submit
supporting documentation relevant to the assessment.
(C) Collateral source information regarding the
alleged abuse or neglect and care of the child. Collateral
information includes, when relevant: (i) a medical
examination of the child; (ii) prior medical records
relating to the alleged maltreatment or care of the child
maintained by any facility, clinic, or health care
professional, and an interview with the treating
professionals; and (iii) interviews with the child's
caretakers, including the child's parent, guardian, foster
parent, child care provider, teachers, counselors, family
members, relatives, and other persons who may have
knowledge regarding the alleged maltreatment and the care
of the child.
(D) Information on the existence of domestic abuse and
violence in the home of the child, and substance abuse.
Nothing in this subsection (a-5) precludes the Department
from collecting other relevant information necessary to
conduct the assessment or investigation. Nothing in this

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subsection (a-5) shall be construed to allow the name or
identity of a reporter to be disclosed in violation of the
protections afforded under Section 7.19 of this Act.
A family assessment conducted by the Department in
accordance with this subsection shall be completed within 45
days. Upon written justification by the Department, the
assessment may be extended, not to exceed a total of 60 days.
After conducting the family assessment, the Department
shall determine whether services are needed to address the
safety of the child and other family members and the risk of
subsequent abuse or neglect.
Upon completion of the family assessment, if the
Department concludes that no services shall be offered, then
the case shall be closed. If the Department concludes that
services shall be offered, the Department shall develop a
family preservation plan and offer or refer services to the
family. A family in need of services shall, at a minimum, be
offered in-home services provided under the Intact Family
Services program, including counseling, domestic violence
prevention, substance abuse treatment, mental health
treatment, parenting coaching or classes, and housing. The
Department must also provide Norman Emergency Cash Assistance
and Housing Locator Services to a family who has one or more
children who are in danger of coming into the Department's
care due to a lack of food, clothing, housing, or other basic
human needs. Under the Norman Services program, the family

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shall receive:
(i) direct emergency cash assistance to purchase items
needed to care for the children that the family cannot
afford to purchase;
(ii) housing locator services, if applicable; and
(iii) assistance with filing an application for
Temporary Assistance for Needy Families (TANF) benefits
provided under Article IV of the Illinois Public Aid Code.
A family has the option of declining any services offered
as a result of the assessment. If the family declines the
services, the case shall be closed unless the Department
determines that sufficient cause exists to begin an
investigation as provided in subsection (b) or to request the
State's Attorney file a petition in accordance with Article II
of the Juvenile Court Act of 1987 alleging the child is abused
or neglected. In no instance shall a case be investigated
solely because the family declines services.
At any time during a family assessment, if the Department
believes there is any reason to stop the assessment and
conduct an investigation based on the information discovered,
the Department shall do so.
The procedures available to the Department in conducting
investigations under this Act shall be followed as appropriate
during a family assessment.
The If the Department implements a differential response
program authorized under this subsection (a-5), the Department

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shall arrange for an independent evaluation of the program for
at least the first 3 years of implementation to determine
whether it is meeting the goals in accordance with Section 2 of
this Act.
The Department may adopt administrative rules necessary
for the execution of this Section, in accordance with Section
4 of the Children and Family Services Act.
The Department shall submit a report to the General
Assembly by January 15, 2018 on the implementation progress
and recommendations for additional needed legislative changes.
(b)(1) The following procedures shall be followed in the
investigation of all reports of suspected abuse or neglect of
a child, except as provided in subsection (c) of this Section.
(2) If, during a family assessment authorized by
subsection (a-5) or an investigation, it appears that the
immediate safety or well-being of a child is endangered, that
the family may flee or the child disappear, or that the facts
otherwise so warrant, the Child Protective Service Unit shall
commence an investigation immediately, regardless of the time
of day or night. All other investigations shall be commenced
within 24 hours of receipt of the report. Upon receipt of a
report, the Child Protective Service Unit shall conduct a
family assessment authorized by subsection (a-5) or begin an
initial investigation and make an initial determination
whether the report is a good faith indication of alleged child
abuse or neglect.

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(3) Based on an initial investigation, if the Unit
determines the report is a good faith indication of alleged
child abuse or neglect, then a formal investigation shall
commence and, pursuant to Section 7.12 of this Act, may or may
not result in an indicated report. The formal investigation
shall include: direct contact with the subject or subjects of
the report as soon as possible after the report is received; an
evaluation of the environment of the child named in the report
and any other children in the same environment; a
determination of the risk to such children if they continue to
remain in the existing environments, as well as a
determination of the nature, extent and cause of any condition
enumerated in such report; the name, age and condition of
other children in the environment; and an evaluation as to
whether there would be an immediate and urgent necessity to
remove the child from the environment if appropriate family
preservation services were provided. After seeing to the
safety of the child or children, the Department shall
forthwith notify the subjects of the report in writing, of the
existence of the report and their rights existing under this
Act in regard to amendment or expungement. To fulfill the
requirements of this Section, the Child Protective Service
Unit shall have the capability of providing or arranging for
comprehensive emergency services to children and families at
all times of the day or night.
(4) If (i) at the conclusion of the Unit's initial

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investigation of a report, the Unit determines the report to
be a good faith indication of alleged child abuse or neglect
that warrants a formal investigation by the Unit, the
Department, any law enforcement agency or any other
responsible agency and (ii) the person who is alleged to have
caused the abuse or neglect is employed or otherwise engaged
in an activity resulting in frequent contact with children and
the alleged abuse or neglect are in the course of such
employment or activity, then the Department shall, except in
investigations where the Director determines that such
notification would be detrimental to the Department's
investigation, inform the appropriate supervisor or
administrator of that employment or activity that the Unit has
commenced a formal investigation pursuant to this Act, which
may or may not result in an indicated report. The Department
shall also notify the person being investigated, unless the
Director determines that such notification would be
detrimental to the Department's investigation.
(c) In an investigation of a report of suspected abuse or
neglect of a child by a school employee at a school or on
school grounds, the Department shall make reasonable efforts
to follow the following procedures:
(1) Investigations involving teachers shall not, to
the extent possible, be conducted when the teacher is
scheduled to conduct classes. Investigations involving
other school employees shall be conducted so as to

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minimize disruption of the school day. The school employee
accused of child abuse or neglect may have his superior,
his association or union representative and his attorney
present at any interview or meeting at which the teacher
or administrator is present. The accused school employee
shall be informed by a representative of the Department,
at any interview or meeting, of the accused school
employee's due process rights and of the steps in the
investigation process. These due process rights shall also
include the right of the school employee to present
countervailing evidence regarding the accusations. In an
investigation in which the alleged perpetrator of abuse or
neglect is a school employee, including, but not limited
to, a school teacher or administrator, and the
recommendation is to determine the report to be indicated,
in addition to other procedures as set forth and defined
in Department rules and procedures, the employee's due
process rights shall also include: (i) the right to a copy
of the investigation summary; (ii) the right to review the
specific allegations which gave rise to the investigation;
and (iii) the right to an administrator's teleconference
which shall be convened to provide the school employee
with the opportunity to present documentary evidence or
other information that supports his or her position and to
provide information before a final finding is entered.
(2) If a report of neglect or abuse of a child by a

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teacher or administrator does not involve allegations of
sexual abuse or extreme physical abuse, the Child
Protective Service Unit shall make reasonable efforts to
conduct the initial investigation in coordination with the
employee's supervisor.
If the Unit determines that the report is a good faith
indication of potential child abuse or neglect, it shall
then commence a formal investigation under paragraph (3)
of subsection (b) of this Section.
(3) If a report of neglect or abuse of a child by a
teacher or administrator involves an allegation of sexual
abuse or extreme physical abuse, the Child Protective Unit
shall commence an investigation under paragraph (2) of
subsection (b) of this Section.
(c-5) In any instance in which a report is made or caused
to made by a school district employee involving the conduct of
a person employed by the school district, at the time the
report was made, as required under Section 4 of this Act, the
Child Protective Service Unit shall send a copy of its final
finding report to the general superintendent of that school
district.
(c-10) The Department may recommend that a school district
remove a school employee who is the subject of an
investigation from his or her employment position pending the
outcome of the investigation; however, all employment
decisions regarding school personnel shall be the sole

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responsibility of the school district or employer. The
Department may not require a school district to remove a
school employee from his or her employment position or limit
the school employee's duties pending the outcome of an
investigation.
(d) If the Department has contact with an employer, or
with a religious institution or religious official having
supervisory or hierarchical authority over a member of the
clergy accused of the abuse of a child, in the course of its
investigation, the Department shall notify the employer or the
religious institution or religious official, in writing, when
a report is unfounded so that any record of the investigation
can be expunged from the employee's or member of the clergy's
personnel or other records. The Department shall also notify
the employee or the member of the clergy, in writing, that
notification has been sent to the employer or to the
appropriate religious institution or religious official
informing the employer or religious institution or religious
official that the Department's investigation has resulted in
an unfounded report.
(d-1) Whenever a report alleges that a child was abused or
neglected while receiving care in a hospital, including a
freestanding psychiatric hospital licensed by the Department
of Public Health, the Department shall send a copy of its final
finding to the Director of Public Health and the Director of
Healthcare and Family Services.

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(e) Upon request by the Department, the Illinois State
Police and law enforcement agencies are authorized to provide
criminal history record information as defined in the Illinois
Uniform Conviction Information Act and information maintained
in the adjudicatory and dispositional record system as defined
in Section 2605-355 of the Illinois State Police Law to
properly designated employees of the Department of Children
and Family Services if the Department determines the
information is necessary to perform its duties under the
Abused and Neglected Child Reporting Act, the Child Care Act
of 1969, and the Children and Family Services Act. The request
shall be in the form and manner required by the Illinois State
Police. Any information obtained by the Department of Children
and Family Services under this Section is confidential and may
not be transmitted outside the Department of Children and
Family Services other than to a court of competent
jurisdiction or unless otherwise authorized by law. Any
employee of the Department of Children and Family Services who
transmits confidential information in violation of this
Section or causes the information to be transmitted in
violation of this Section is guilty of a Class A misdemeanor
unless the transmittal of the information is authorized by
this Section or otherwise authorized by law.
(f) For purposes of this Section, "child abuse or neglect"
includes abuse or neglect of an adult resident as defined in
this Act.

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(Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)
(325 ILCS 5/7.7) (from Ch. 23, par. 2057.7)
Sec. 7.7. There shall be a central register of all cases of
suspected child abuse or neglect reported and maintained by
the Department under this Act, but not including any family
assessment cases in which the Department determines that no
formal investigation is needed as provided in subsection (a-5)
of Section 7.4. Through the recording of initial, preliminary,
and final reports, the central register shall be operated in
such a manner as to enable the Department to: (1) immediately
identify and locate prior reports of child abuse or neglect;
(2) continuously monitor the current status of all reports of
child abuse or neglect being provided services under this Act;
and (3) regularly evaluate the effectiveness of existing laws
and programs through the development and analysis of
statistical and other information.
The Department shall maintain in the central register a
listing of unfounded reports where the subject of the
unfounded report requests that the record not be expunged
because the subject alleges an intentional false report was
made. Such a request must be made by the subject in writing to
the Department, within 10 days of the investigation. By
January 1, 2014, the Department shall promulgate rules
establishing criteria and standards for labeling an unfounded
report as an intentional false report in the central register.

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The rules shall permit the reporter to submit a statement
regarding the report unless the reporter has been convicted of
knowingly transmitting a false report to the Department under
paragraph (7) of subsection (a) of Section 26-1 of the
Criminal Code of 2012.
The Department shall also maintain in the central register
a listing of unfounded reports where the report was classified
as a priority one or priority two report in accordance with the
Department's rules or the report was made by a person mandated
to report suspected abuse or neglect under this Act.
The Department shall maintain in the central register all
unfounded reports for a minimum of 5 years following the date
of the final finding.
If an individual is the subject of a subsequent
investigation that is pending, the Department shall maintain
all prior unfounded reports pertaining to that individual
until the pending investigation has been completed or for 5
years, whichever time period ends later.
For purposes of this Section "child abuse or neglect"
includes abuse or neglect of an adult resident as defined in
this Act.
(Source: P.A. 100-697, eff. 1-1-19.)
(325 ILCS 5/7.10) (from Ch. 23, par. 2057.10)
Sec. 7.10. Upon the receipt of each oral report made under
this Act, the Child Protective Service Unit shall immediately

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transmit a copy thereof to the state central register of child
abuse and neglect. However, no oral report that only alleges
inadequate supervision of a child or conditions that create an
injurious environment to a child shall be reported to the
state central register, but shall instead be documented in an
alternative manner as prescribed by the Department by rule. A
preliminary report from a Child Protective Service Unit shall
be made at the time of the first of any 30-day extensions made
pursuant to Section 7.12 and shall describe the status of the
related investigation up to that time, including an evaluation
of the present family situation and danger to the child or
children, corrections or up-dating of the initial report, and
actions taken or contemplated.
For purposes of this Section "child" includes an adult
resident as defined in this Act.
(Source: P.A. 96-1446, eff. 8-20-10.)
(325 ILCS 5/7.15) (from Ch. 23, par. 2057.15)
Sec. 7.15. The central register may contain such other
information which the Department determines to be in
furtherance of the purposes of this Act, but shall not contain
any information regarding a family assessment case in which
the Department determined that no formal investigation was
needed as provided in subsection (a-5) of Section 7.4.
Pursuant to the provisions of Sections 7.14 and 7.16, the
Department may amend or remove from the central register

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appropriate records upon good cause shown and upon notice to
the subjects of the report and the Child Protective Service
Unit.
(Source: P.A. 90-15, eff. 6-13-97.)