Bill Text: IL HB3579 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Abused and Neglected Child Reporting Act. Provides that any report received by the Department of Children and Family Services alleging the abuse or neglect of a child by any person (rather than 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 shared with (rather than referred to) the appropriate local law enforcement agency. Provides that, upon receipt of the shared report, the local law enforcement agency may, in its discretion, conduct a criminal investigation or other action based on the information contained within the report. Provides that the Department shall be the sole agency responsible for receiving and investigating reports of child abuse or neglect made under the Act, except where investigations by other agencies may be required with respect to reports alleging the abuse or neglect of a child by any person (rather than 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).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HB3579 Detail]

Download: Illinois-2023-HB3579-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3579 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
325 ILCS 5/7 from Ch. 23, par. 2057
325 ILCS 5/7.3 from Ch. 23, par. 2057.3
Amends the Abused and Neglected Child Reporting Act. Provides that any report received by the Department of Children and Family Services alleging the abuse or neglect of a child by any person (rather than 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 shared with (rather than referred to) the appropriate local law enforcement agency. Provides that, upon receipt of the shared report, the local law enforcement agency may, in its discretion, conduct a criminal investigation or other action based on the information contained within the report. Provides that the Department shall be the sole agency responsible for receiving and investigating reports of child abuse or neglect made under the Act, except where investigations by other agencies may be required with respect to reports alleging the abuse or neglect of a child by any person (rather than 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).
LRB103 29946 KTG 56361 b
A BILL FOR
HB3579 LRB103 29946 KTG 56361 b
AN ACT concerning children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Reference to Act. This Act may be referred to as
the AJ Freund Act.
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

HB3579 - 2 - LRB103 29946 KTG 56361 b
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

HB3579 - 3 - LRB103 29946 KTG 56361 b
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 12 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 any person 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 shared with referred to
the appropriate local law enforcement agency. Upon receipt of
the shared report, the local law enforcement agency may, in

HB3579 - 4 - LRB103 29946 KTG 56361 b
its discretion, conduct a criminal investigation or other
action based on the information contained within the report.
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. 101-583, eff. 1-1-20; 102-558, eff. 8-20-21.)
(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
any person, 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

HB3579 - 5 - LRB103 29946 KTG 56361 b
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 Illinois 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. 101-583, eff. 1-1-20; 102-538, eff. 8-20-21.)