Bill Text: IL HB3480 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Abused and Neglected Child Reporting Act. Provides that certain interviews of a child who is alleged to be an abused child may not be conducted unless the interview is videotaped and audiotaped by the Department of Children and Family Services. Requires that the Department preserve those videotapes and audiotapes and other materials until all judgments in legal proceedings relating to the victim-sensitive interview are final and all direct and habeas corpus appeals are exhausted or such legal proceedings are barred by law. Provides for access to copies of the preserved materials by a party to a proceeding relating to the materials. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB3480 Detail]
Download: Illinois-2011-HB3480-Introduced.html
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1 | AN ACT concerning children.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Abused and Neglected Child Reporting Act is | ||||||||||||||||||||||||||
5 | amended by changing Section 3 and by adding Section 7.5a as | ||||||||||||||||||||||||||
6 | follows:
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7 | (325 ILCS 5/3) (from Ch. 23, par. 2053) | ||||||||||||||||||||||||||
8 | Sec. 3. As used in this Act unless the context otherwise | ||||||||||||||||||||||||||
9 | requires: | ||||||||||||||||||||||||||
10 | "Adult resident" means any person between 18 and 22 years | ||||||||||||||||||||||||||
11 | of age who resides in any facility licensed by the Department | ||||||||||||||||||||||||||
12 | under the Child Care Act of 1969. For purposes of this Act, the | ||||||||||||||||||||||||||
13 | criteria set forth in the definitions of "abused child" and | ||||||||||||||||||||||||||
14 | "neglected child" shall be used in determining whether an adult | ||||||||||||||||||||||||||
15 | resident is abused or neglected. | ||||||||||||||||||||||||||
16 | "Child" means any person under the age of 18 years, unless | ||||||||||||||||||||||||||
17 | legally
emancipated by reason of marriage , or entry into a | ||||||||||||||||||||||||||
18 | branch of the United
States armed services , or a court order | ||||||||||||||||||||||||||
19 | entered under the Emancipation of Minors Act . | ||||||||||||||||||||||||||
20 | "Department" means Department of Children and Family | ||||||||||||||||||||||||||
21 | Services. | ||||||||||||||||||||||||||
22 | "Local law enforcement agency" means the police of a city, | ||||||||||||||||||||||||||
23 | town,
village or other incorporated area or the sheriff of an |
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1 | unincorporated
area or any sworn officer of the Illinois | ||||||
2 | Department of State Police. | ||||||
3 | "Abused child"
means a child whose parent or immediate | ||||||
4 | family
member,
or any person responsible for the child's | ||||||
5 | welfare, or any individual
residing in the same home as the | ||||||
6 | child, or a paramour of the child's parent: | ||||||
7 | (a) inflicts, causes to be inflicted, or allows to be
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8 | inflicted upon
such child physical injury, by other than | ||||||
9 | accidental means, which causes
death, disfigurement, | ||||||
10 | impairment of physical or
emotional health, or loss or | ||||||
11 | impairment of any bodily function; | ||||||
12 | (b) creates a substantial risk of physical injury to | ||||||
13 | such
child by
other than accidental means which would be | ||||||
14 | likely to cause death,
disfigurement, impairment of | ||||||
15 | physical or emotional health, or loss or
impairment of any | ||||||
16 | bodily function; | ||||||
17 | (c) commits or allows to be committed any sex offense | ||||||
18 | against
such child,
as such sex offenses are defined in the | ||||||
19 | Criminal Code of 1961, as amended, or in the Wrongs to | ||||||
20 | Children Act,
and extending those definitions of sex | ||||||
21 | offenses to include children under
18 years of age; | ||||||
22 | (d) commits or allows to be committed an act or acts of
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23 | torture upon
such child; | ||||||
24 | (e) inflicts excessive corporal punishment; | ||||||
25 | (f) commits or allows to be committed
the offense of
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26 | female
genital mutilation, as defined in Section 12-34 of |
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1 | the Criminal Code of
1961, against the child; or | ||||||
2 | (g) causes to be sold, transferred, distributed, or | ||||||
3 | given to
such child
under 18 years of age, a controlled | ||||||
4 | substance as defined in Section 102 of the
Illinois | ||||||
5 | Controlled Substances Act in violation of Article IV of the | ||||||
6 | Illinois
Controlled Substances Act or in violation of the | ||||||
7 | Methamphetamine Control and Community Protection Act, | ||||||
8 | except for controlled substances that are prescribed
in | ||||||
9 | accordance with Article III of the Illinois Controlled | ||||||
10 | Substances Act and
are dispensed to such child in a manner | ||||||
11 | that substantially complies with the
prescription ; or . | ||||||
12 | (h) commits or allows to be committed the offense of | ||||||
13 | involuntary servitude, involuntary sexual servitude of a | ||||||
14 | minor, or trafficking in persons for forced labor or | ||||||
15 | services as defined in Section 10-9 of the Criminal Code of | ||||||
16 | 1961 against the child. | ||||||
17 | A child shall not be considered abused for the sole reason | ||||||
18 | that the child
has been relinquished in accordance with the | ||||||
19 | Abandoned Newborn Infant
Protection Act. | ||||||
20 | "Neglected child" means any child who is not receiving the | ||||||
21 | proper or
necessary nourishment or medically indicated | ||||||
22 | treatment including food or care
not provided solely on the | ||||||
23 | basis of the present or anticipated mental or
physical | ||||||
24 | impairment as determined by a physician acting alone or in
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25 | consultation with other physicians or otherwise is not | ||||||
26 | receiving the proper or
necessary support or medical or other |
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1 | remedial care recognized under State law
as necessary for a | ||||||
2 | child's well-being, or other care necessary for his or her
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3 | well-being, including adequate food, clothing and shelter; or | ||||||
4 | who is abandoned
by his or her parents or other person | ||||||
5 | responsible for the child's welfare
without a proper plan of | ||||||
6 | care; or who has been provided with interim crisis intervention | ||||||
7 | services under
Section 3-5 of
the Juvenile Court Act of 1987 | ||||||
8 | and whose parent, guardian, or custodian refuses to
permit
the | ||||||
9 | child to return home and no other living arrangement agreeable
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10 | to the parent, guardian, or custodian can be made, and the | ||||||
11 | parent, guardian, or custodian has not made any other | ||||||
12 | appropriate living arrangement for the child; or who is a | ||||||
13 | newborn infant whose blood, urine,
or meconium
contains any | ||||||
14 | amount of a controlled substance as defined in subsection (f) | ||||||
15 | of
Section 102 of the Illinois Controlled Substances Act or a | ||||||
16 | metabolite thereof,
with the exception of a controlled | ||||||
17 | substance or metabolite thereof whose
presence in the newborn | ||||||
18 | infant is the result of medical treatment administered
to the | ||||||
19 | mother or the newborn infant. A child shall not be considered | ||||||
20 | neglected
for the sole reason that the child's parent or other | ||||||
21 | person responsible for his
or her welfare has left the child in | ||||||
22 | the care of an adult relative for any
period of time. A child | ||||||
23 | shall not be considered neglected for the sole reason
that the | ||||||
24 | child has been relinquished in accordance with the Abandoned | ||||||
25 | Newborn
Infant Protection Act. A child shall not be considered | ||||||
26 | neglected or abused
for the
sole reason that such child's |
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1 | parent or other person responsible for his or her
welfare | ||||||
2 | depends upon spiritual means through prayer alone for the | ||||||
3 | treatment or
cure of disease or remedial care as provided under | ||||||
4 | Section 4 of this Act. A
child shall not be considered | ||||||
5 | neglected or abused solely because the child is
not attending | ||||||
6 | school in accordance with the requirements of Article 26 of The
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7 | School Code, as amended. | ||||||
8 | "Child Protective Service Unit" means certain specialized | ||||||
9 | State employees of
the Department assigned by the Director to | ||||||
10 | perform the duties and
responsibilities as provided under | ||||||
11 | Section 7.2 of this Act. | ||||||
12 | "Person responsible for the child's welfare" means the | ||||||
13 | child's parent;
guardian; foster parent; relative caregiver; | ||||||
14 | any person responsible for the
child's welfare in a public or | ||||||
15 | private residential agency or institution; any
person | ||||||
16 | responsible for the child's welfare within a public or private | ||||||
17 | profit or
not for profit child care facility; or any other | ||||||
18 | person responsible for the
child's welfare at the time of the | ||||||
19 | alleged abuse or neglect, or any person who
came to know the | ||||||
20 | child through an official capacity or position of trust,
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21 | including but not limited to health care professionals, | ||||||
22 | educational personnel,
recreational supervisors, members of | ||||||
23 | the clergy, and volunteers or
support personnel in any setting
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24 | where children may be subject to abuse or neglect. | ||||||
25 | "Temporary protective custody" means custody within a | ||||||
26 | hospital or
other medical facility or a place previously |
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1 | designated for such custody
by the Department, subject to | ||||||
2 | review by the Court, including a licensed
foster home, group | ||||||
3 | home, or other institution; but such place shall not
be a jail | ||||||
4 | or other place for the detention of criminal or juvenile | ||||||
5 | offenders. | ||||||
6 | "An unfounded report" means any report made under this Act | ||||||
7 | for which
it is determined after an investigation that no | ||||||
8 | credible evidence of
abuse or neglect exists. | ||||||
9 | "An indicated report" means a report made under this Act if | ||||||
10 | an
investigation determines that credible evidence of the | ||||||
11 | alleged
abuse or neglect exists. | ||||||
12 | "An undetermined report" means any report made under this | ||||||
13 | Act in
which it was not possible to initiate or complete an | ||||||
14 | investigation on
the basis of information provided to the | ||||||
15 | Department. | ||||||
16 | "Victim-sensitive interview" means an interview of a child | ||||||
17 | who is alleged to be an abused child by a multidisciplinary | ||||||
18 | team that may include representatives from the Department, law | ||||||
19 | enforcement, child protection, criminal prosecution, victim | ||||||
20 | advocacy, and the medical and mental health fields. | ||||||
21 | "Subject of report" means any child reported to the central | ||||||
22 | register
of child abuse and neglect established under Section | ||||||
23 | 7.7 of this Act as an alleged victim of child abuse or neglect | ||||||
24 | and
the parent or guardian of the alleged victim or other | ||||||
25 | person responsible for the alleged victim's welfare who is | ||||||
26 | named in the report or added to the report as an alleged |
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1 | perpetrator of child abuse or neglect. | ||||||
2 | "Perpetrator" means a person who, as a result of | ||||||
3 | investigation, has
been determined by the Department to have | ||||||
4 | caused child abuse or neglect. | ||||||
5 | "Member of the clergy" means a clergyman or practitioner of | ||||||
6 | any religious
denomination accredited by the religious body to | ||||||
7 | which he or she belongs. | ||||||
8 | (Source: P.A. 95-443, eff. 1-1-08; 96-1196, eff. 1-1-11; | ||||||
9 | 96-1446, eff. 8-20-10; 96-1464, eff. 8-20-10; revised | ||||||
10 | 9-16-10.)
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11 | (325 ILCS 5/7.5a new) | ||||||
12 | Sec. 7.5a. Victim-sensitive interviews. | ||||||
13 | (a) A victim-sensitive interview of a child who is alleged | ||||||
14 | to be an abused child may not be conducted unless the interview | ||||||
15 | is videotaped and audiotaped by the Department. The videotaping | ||||||
16 | and audiotaping of the victim-sensitive interview must begin at | ||||||
17 | the start of the interview and continue without interruption | ||||||
18 | until the interview is concluded. | ||||||
19 | (b) The Department must preserve every videotape and | ||||||
20 | audiotape of a victim-sensitive interview of a child who is | ||||||
21 | alleged to be an abused child, together with the written notes | ||||||
22 | and reports of the members of the multidisciplinary team | ||||||
23 | participating in or observing the interview, until all | ||||||
24 | judgments in legal proceedings relating to the | ||||||
25 | victim-sensitive interview are final and all direct and habeas |
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1 | corpus appeals are exhausted or such legal proceedings are | ||||||
2 | barred by law. | ||||||
3 | (c) Any party to a proceeding relating to a | ||||||
4 | victim-sensitive interview of a child who is alleged to be an | ||||||
5 | abused child is entitled to obtain by subpoena a copy of the | ||||||
6 | videotape and audiotape of the interview and copies of any | ||||||
7 | written notes or reports of the members of the | ||||||
8 | multidisciplinary team participating in or observing the | ||||||
9 | interview. | ||||||
10 | (d) Notwithstanding any other law to the contrary, the | ||||||
11 | inspection and copying of a videotape or audiotape of a | ||||||
12 | victim-sensitive interview of a child who is alleged to be an | ||||||
13 | abused child by any person who is not one of the following is | ||||||
14 | prohibited: a judge, State's Attorney, Assistant State's | ||||||
15 | Attorney, psychologist, psychiatrist, social worker, doctor, | ||||||
16 | parent, parole agent, probation officer, attorney, guardian ad | ||||||
17 | litem or child's representative for the child, petitioner or | ||||||
18 | petitioner's attorney, plaintiff or plaintiffs attorney, | ||||||
19 | defendant or defendant's attorney, or respondent or | ||||||
20 | respondent's attorney, in a criminal proceeding or an | ||||||
21 | investigation related a criminal proceeding, in a child abuse | ||||||
22 | or child neglect proceeding, in a child custody or child | ||||||
23 | guardianship proceeding, or in an adoption proceeding. | ||||||
24 | (e) A non-offending caretaker of a child who is alleged to | ||||||
25 | be an abused child is entitled to receive a copy of the | ||||||
26 | videotape and audiotape, together with copies of any written |
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1 | notes or reports prepared by participants or observers in the | ||||||
2 | victim-sensitive interview, within 30 days after serving on the | ||||||
3 | Department a written request for those materials. The caretaker | ||||||
4 | must submit the written request to the Department within 30 | ||||||
5 | days after the completion of the victim-sensitive interview or | ||||||
6 | notice of the finding, whichever occurs later. The Department | ||||||
7 | is responsible for all costs associated with preparing copies | ||||||
8 | of the videotapes, audiotapes, and written notes and reports. | ||||||
9 | The Department must provide notice of the right to request | ||||||
10 | copies of the materials to all parties at the time of the | ||||||
11 | victim-sensitive interview.
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12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
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