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| | HB3887 Engrossed | | LRB097 14804 KTG 59832 b |
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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 4 as follows:
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| 6 | | (325 ILCS 5/4) (from Ch. 23, par. 2054)
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| 7 | | Sec. 4. Persons required to report; privileged |
| 8 | | communications;
transmitting false report. Any physician, |
| 9 | | resident, intern, hospital,
hospital administrator
and |
| 10 | | personnel engaged in examination, care and treatment of |
| 11 | | persons, surgeon,
dentist, dentist hygienist, osteopath, |
| 12 | | chiropractor, podiatrist, physician
assistant, substance abuse |
| 13 | | treatment personnel, funeral home
director or employee, |
| 14 | | coroner, medical examiner, emergency medical technician,
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| 15 | | acupuncturist, crisis line or hotline personnel, school |
| 16 | | personnel (including administrators and both certified and |
| 17 | | non-certified school employees), personnel of institutions of |
| 18 | | higher education, educational
advocate assigned to a child |
| 19 | | pursuant to the School Code, member of a school board or the |
| 20 | | Chicago Board of Education or the governing body of a private |
| 21 | | school (but only to the extent required in accordance with |
| 22 | | other provisions of this Section expressly concerning the duty |
| 23 | | of school board members to report suspected child abuse), |
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| 1 | | truant officers,
social worker, social services administrator,
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| 2 | | domestic violence program personnel, registered nurse, |
| 3 | | licensed
practical nurse, genetic counselor,
respiratory care |
| 4 | | practitioner, advanced practice nurse, home
health aide, |
| 5 | | director or staff
assistant of a nursery school or a child day |
| 6 | | care center, recreational or athletic program
or facility |
| 7 | | personnel, early intervention provider as defined in the Early |
| 8 | | Intervention Services System Act, law enforcement officer, |
| 9 | | licensed professional
counselor, licensed clinical |
| 10 | | professional counselor, registered psychologist
and
assistants |
| 11 | | working under the direct supervision of a psychologist,
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| 12 | | psychiatrist, or field personnel of the Department of |
| 13 | | Healthcare and Family Services,
Juvenile Justice, Public |
| 14 | | Health, Human Services (acting as successor to the Department |
| 15 | | of Mental
Health and Developmental Disabilities, |
| 16 | | Rehabilitation Services, or Public Aid),
Corrections, Human |
| 17 | | Rights, or Children and Family Services, supervisor and
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| 18 | | administrator of general assistance under the Illinois Public |
| 19 | | Aid Code,
probation officer, animal control officer or Illinois |
| 20 | | Department of Agriculture Bureau of Animal Health and Welfare |
| 21 | | field investigator, or any other foster parent, homemaker or |
| 22 | | child care worker
having reasonable cause to believe a child |
| 23 | | known to them in their professional
or official capacity may be |
| 24 | | an abused child or a neglected child shall
immediately report |
| 25 | | or cause a report to be made to the Department.
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| 26 | | Any member of the clergy having reasonable cause to believe |
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| 1 | | that a child
known to that member of the clergy in his or her |
| 2 | | professional capacity may be
an abused child as defined in item |
| 3 | | (c) of the definition of "abused child" in
Section 3 of this |
| 4 | | Act shall immediately report or cause a report to be made to
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| 5 | | the Department.
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| 6 | | Any physician, physician's assistant, registered nurse, |
| 7 | | licensed practical nurse, medical technician, certified |
| 8 | | nursing assistant, social worker, or licensed professional |
| 9 | | counselor of any office, clinic, or any other physical location |
| 10 | | that provides abortions, abortion referrals, or contraceptives |
| 11 | | having reasonable cause to believe a child known to him or her |
| 12 | | in his or her professional
or official capacity may be an |
| 13 | | abused child or a neglected child shall
immediately report or |
| 14 | | cause a report to be made to the Department. |
| 15 | | If an allegation is raised to a school board member during |
| 16 | | the course of an open or closed school board meeting that a |
| 17 | | child who is enrolled in the school district of which he or she |
| 18 | | is a board member is an abused child as defined in Section 3 of |
| 19 | | this Act, the member shall direct or cause the school board to |
| 20 | | direct the superintendent of the school district or other |
| 21 | | equivalent school administrator to comply with the |
| 22 | | requirements of this Act concerning the reporting of child |
| 23 | | abuse. For purposes of this paragraph, a school board member is |
| 24 | | granted the authority in his or her individual capacity to |
| 25 | | direct the superintendent of the school district or other |
| 26 | | equivalent school administrator to comply with the |
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| 1 | | requirements of this Act concerning the reporting of child |
| 2 | | abuse.
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| 3 | | Notwithstanding any other provision of this Act, if an |
| 4 | | employee of a school district has made a report or caused a |
| 5 | | report to be made to the Department under this Act involving |
| 6 | | the conduct of a current or former employee of the school |
| 7 | | district and a request is made by another school district for |
| 8 | | the provision of information concerning the job performance or |
| 9 | | qualifications of the current or former employee because he or |
| 10 | | she is an applicant for employment with the requesting school |
| 11 | | district, the general superintendent of the school district to |
| 12 | | which the request is being made must disclose to the requesting |
| 13 | | school district the fact that an employee of the school |
| 14 | | district has made a report involving the conduct of the |
| 15 | | applicant or caused a report to be made to the Department, as |
| 16 | | required under this Act. Only the fact that an employee of the |
| 17 | | school district has made a report involving the conduct of the |
| 18 | | applicant or caused a report to be made to the Department may |
| 19 | | be disclosed by the general superintendent of the school |
| 20 | | district to which the request for information concerning the |
| 21 | | applicant is made, and this fact may be disclosed only in cases |
| 22 | | where the employee and the general superintendent have not been |
| 23 | | informed by the Department that the allegations were unfounded. |
| 24 | | An employee of a school district who is or has been the subject |
| 25 | | of a report made pursuant to this Act during his or her |
| 26 | | employment with the school district must be informed by that |
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| 1 | | school district that if he or she applies for employment with |
| 2 | | another school district, the general superintendent of the |
| 3 | | former school district, upon the request of the school district |
| 4 | | to which the employee applies, shall notify that requesting |
| 5 | | school district that the employee is or was the subject of such |
| 6 | | a report.
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| 7 | | Whenever
such person is required to report under this Act |
| 8 | | in his capacity as a member of
the staff of a medical or other |
| 9 | | public or private institution, school, facility
or agency, or |
| 10 | | as a member of the clergy, he shall
make report immediately to |
| 11 | | the Department in accordance
with the provisions of this Act |
| 12 | | and may also notify the person in charge of
such institution, |
| 13 | | school, facility or agency, or church, synagogue, temple,
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| 14 | | mosque, or other religious institution, or his
designated agent |
| 15 | | that such
report has been made. Under no circumstances shall |
| 16 | | any person in charge of
such institution, school, facility or |
| 17 | | agency, or church, synagogue, temple,
mosque, or other |
| 18 | | religious institution, or his
designated agent to whom
such |
| 19 | | notification has been made, exercise any control, restraint, |
| 20 | | modification
or other change in the report or the forwarding of |
| 21 | | such report to the
Department.
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| 22 | | The privileged quality of communication between any |
| 23 | | professional
person required to report
and his patient or |
| 24 | | client shall not apply to situations involving abused or
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| 25 | | neglected children and shall not constitute grounds for failure |
| 26 | | to report
as required by this Act or constitute grounds for |
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| 1 | | failure to share information or documents with the Department |
| 2 | | during the course of a child abuse or neglect investigation. If |
| 3 | | requested by the professional, the Department shall confirm in |
| 4 | | writing that the information or documents disclosed by the |
| 5 | | professional were gathered in the course of a child abuse or |
| 6 | | neglect investigation.
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| 7 | | A member of the clergy may claim the privilege under |
| 8 | | Section 8-803 of the
Code of Civil Procedure.
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| 9 | | Any office, clinic, or any other physical location that |
| 10 | | provides abortions, abortion referrals, or contraceptives |
| 11 | | shall provide to all office personnel copies of written |
| 12 | | information and training materials about abuse and neglect and |
| 13 | | the requirements of this Act that are provided to employees of |
| 14 | | the office, clinic, or physical location who are required to |
| 15 | | make reports to the Department under this Act, and instruct |
| 16 | | such office personnel to bring to the attention of an employee |
| 17 | | of the office, clinic, or physical location who is required to |
| 18 | | make reports to the Department under this Act any reasonable |
| 19 | | suspicion that a child known to him or her in his or her |
| 20 | | professional or official capacity may be an abused child or a |
| 21 | | neglected child. In addition to the above persons required to
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| 22 | | report suspected cases of abused or neglected children, any |
| 23 | | other person
may make a report if such person has reasonable |
| 24 | | cause to believe a child
may be an abused child or a neglected |
| 25 | | child.
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| 26 | | Any person who enters into
employment on and after July 1, |
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| 1 | | 1986 and is mandated by virtue of that
employment to report |
| 2 | | under this Act, shall sign a statement on a form
prescribed by |
| 3 | | the Department, to the effect that the employee has knowledge
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| 4 | | and understanding of the reporting requirements of this Act. |
| 5 | | The statement
shall be signed prior to commencement of the |
| 6 | | employment. The signed
statement shall be retained by the |
| 7 | | employer. The cost of printing,
distribution, and filing of the |
| 8 | | statement shall be borne by the employer.
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| 9 | | The Department shall provide copies of this Act, upon |
| 10 | | request, to all
employers employing persons who shall be |
| 11 | | required under the provisions of
this Section to report under |
| 12 | | this Act.
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| 13 | | Any person who knowingly transmits a false report to the |
| 14 | | Department
commits the offense of disorderly conduct under |
| 15 | | subsection (a)(7) of
Section 26-1 of the "Criminal Code of |
| 16 | | 1961". A violation of this provision is a Class 4 felony.
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| 17 | | Any person who knowingly and willfully violates any |
| 18 | | provision of this
Section other than a second or subsequent |
| 19 | | violation of transmitting a
false report as described in the
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| 20 | | preceding paragraph, is guilty of a
Class A misdemeanor for
a |
| 21 | | first violation and a Class
4 felony for a
second or subsequent |
| 22 | | violation; except that if the person acted as part
of a plan or |
| 23 | | scheme having as its object the
prevention of discovery of an |
| 24 | | abused or neglected child by lawful authorities
for the
purpose |
| 25 | | of protecting or insulating any person or entity from arrest or
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| 26 | | prosecution, the
person is guilty of a Class 4 felony for a |
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| 1 | | first offense and a Class 3 felony
for a second or
subsequent |
| 2 | | offense (regardless of whether the second or subsequent offense
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| 3 | | involves any
of the same facts or persons as the first or other |
| 4 | | prior offense).
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| 5 | | A child whose parent, guardian or custodian in good faith |
| 6 | | selects and depends
upon spiritual means through prayer alone |
| 7 | | for the treatment or cure of
disease or remedial care may be |
| 8 | | considered neglected or abused, but not for
the sole reason |
| 9 | | that his parent, guardian or custodian accepts and
practices |
| 10 | | such beliefs.
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| 11 | | A child shall not be considered neglected or abused solely |
| 12 | | because the
child is not attending school in accordance with |
| 13 | | the requirements of
Article 26 of the School Code, as amended.
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| 14 | | Nothing in this Act prohibits a mandated reporter who |
| 15 | | reasonably believes that an animal is being abused or neglected |
| 16 | | in violation of the Humane Care for Animals Act from reporting |
| 17 | | animal abuse or neglect to the Department of Agriculture's |
| 18 | | Bureau of Animal Health and Welfare. |
| 19 | | A home rule unit may not regulate the reporting of child |
| 20 | | abuse or neglect in a manner inconsistent with the provisions |
| 21 | | of this Section. This Section is a limitation under subsection |
| 22 | | (i) of Section 6 of Article VII of the Illinois Constitution on |
| 23 | | the concurrent exercise by home rule units of powers and |
| 24 | | functions exercised by the State. |
| 25 | | For purposes of this Section "child abuse or neglect" |
| 26 | | includes abuse or neglect of an adult resident as defined in |