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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4062 Introduced , by Rep. Margo McDermed SYNOPSIS AS INTRODUCED:
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| 325 ILCS 5/3 | from Ch. 23, par. 2053 | 325 ILCS 5/4 | | 325 ILCS 5/4.6 new | |
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Amends the Abused and Neglected Child Reporting Act. Adds youth athletic program workers as mandated reporters. Defines "youth athletic program worker" to mean an individual performing services for a youth athletic program including, but not limited to, coaches, doctors, and program employees. Requires a youth athletic program to have a background check performed for each youth athletic program worker by a reputable, licensed third-party vendor. Effective immediately. |
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| | A BILL FOR |
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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 Sections 3 and 4 and by adding Section 4.6 |
6 | | as 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 | | "Agency" means a child care facility licensed under Section |
17 | | 2.05 or Section 2.06 of the Child Care Act of 1969 and includes |
18 | | a transitional living program that accepts children and adult |
19 | | residents for placement who are in the guardianship of the |
20 | | Department. |
21 | | "Blatant disregard" means an incident where the real, |
22 | | significant, and imminent risk of harm would be so obvious to a |
23 | | reasonable parent or caretaker that it is unlikely that a |
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1 | | reasonable parent or caretaker would have exposed the child to |
2 | | the danger without exercising precautionary measures to |
3 | | protect the child from harm. With respect to a person working |
4 | | at an agency in his or her professional capacity with a child |
5 | | or adult resident, "blatant disregard" includes a failure by |
6 | | the person to perform job responsibilities intended to protect |
7 | | the child's or adult resident's health, physical well-being, or |
8 | | welfare, and, when viewed in light of the surrounding |
9 | | circumstances, evidence exists that would cause a reasonable |
10 | | person to believe that the child was neglected. With respect to |
11 | | an agency, "blatant disregard" includes a failure to implement |
12 | | practices that ensure the health, physical well-being, or |
13 | | welfare of the children and adult residents residing in the |
14 | | facility. |
15 | | "Child" means any person under the age of 18 years, unless |
16 | | legally
emancipated by reason of marriage or entry into a |
17 | | branch of the United
States armed services. |
18 | | "Department" means Department of Children and Family |
19 | | Services. |
20 | | "Local law enforcement agency" means the police of a city, |
21 | | town,
village or other incorporated area or the sheriff of an |
22 | | unincorporated
area or any sworn officer of the Illinois |
23 | | Department of State Police. |
24 | | "Abused child"
means a child whose parent or immediate |
25 | | family
member,
or any person responsible for the child's |
26 | | welfare, or any individual
residing in the same home as the |
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1 | | child, or a paramour of the child's parent: |
2 | | (a) inflicts, causes to be inflicted, or allows to be
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3 | | inflicted upon
such child physical injury, by other than |
4 | | accidental means, which causes
death, disfigurement, |
5 | | impairment of physical or
emotional health, or loss or |
6 | | impairment of any bodily function; |
7 | | (b) creates a substantial risk of physical injury to |
8 | | such
child by
other than accidental means which would be |
9 | | likely to cause death,
disfigurement, impairment of |
10 | | physical or emotional health, or loss or
impairment of any |
11 | | bodily function; |
12 | | (c) commits or allows to be committed any sex offense |
13 | | against
such child,
as such sex offenses are defined in the |
14 | | Criminal Code of 2012 or in the Wrongs to Children Act,
and |
15 | | extending those definitions of sex offenses to include |
16 | | children under
18 years of age; |
17 | | (d) commits or allows to be committed an act or acts of
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18 | | torture upon
such child; |
19 | | (e) inflicts excessive corporal punishment or, in the |
20 | | case of a person working for an agency who is prohibited |
21 | | from using corporal punishment, inflicts corporal |
22 | | punishment upon a child or adult resident with whom the |
23 | | person is working in his or her professional capacity; |
24 | | (f) commits or allows to be committed
the offense of
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25 | | female
genital mutilation, as defined in Section 12-34 of |
26 | | the Criminal Code of
2012, against the child; |
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1 | | (g) causes to be sold, transferred, distributed, or |
2 | | given to
such child
under 18 years of age, a controlled |
3 | | substance as defined in Section 102 of the
Illinois |
4 | | Controlled Substances Act in violation of Article IV of the |
5 | | Illinois
Controlled Substances Act or in violation of the |
6 | | Methamphetamine Control and Community Protection Act, |
7 | | except for controlled substances that are prescribed
in |
8 | | accordance with Article III of the Illinois Controlled |
9 | | Substances Act and
are dispensed to such child in a manner |
10 | | that substantially complies with the
prescription; or |
11 | | (h) commits or allows to be committed the offense of |
12 | | involuntary servitude, involuntary sexual servitude of a |
13 | | minor, or trafficking in persons as defined in Section 10-9 |
14 | | of the Criminal Code of 2012 against the child. |
15 | | A child shall not be considered abused for the sole reason |
16 | | that the child
has been relinquished in accordance with the |
17 | | Abandoned Newborn Infant
Protection Act. |
18 | | "Neglected child" means any child who is not receiving the |
19 | | proper or
necessary nourishment or medically indicated |
20 | | treatment including food or care
not provided solely on the |
21 | | basis of the present or anticipated mental or
physical |
22 | | impairment as determined by a physician acting alone or in
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23 | | consultation with other physicians or otherwise is not |
24 | | receiving the proper or
necessary support or medical or other |
25 | | remedial care recognized under State law
as necessary for a |
26 | | child's well-being, or other care necessary for his or her
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1 | | well-being, including adequate food, clothing and shelter; or |
2 | | who is subjected to an environment which is injurious insofar |
3 | | as (i) the child's environment creates a likelihood of harm to |
4 | | the child's health, physical well-being, or welfare and (ii) |
5 | | the likely harm to the child is the result of a blatant |
6 | | disregard of parent, caretaker, or agency responsibilities; or |
7 | | who is abandoned
by his or her parents or other person |
8 | | responsible for the child's welfare
without a proper plan of |
9 | | care; or who has been provided with interim crisis intervention |
10 | | services under
Section 3-5 of
the Juvenile Court Act of 1987 |
11 | | and whose parent, guardian, or custodian refuses to
permit
the |
12 | | child to return home and no other living arrangement agreeable
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13 | | to the parent, guardian, or custodian can be made, and the |
14 | | parent, guardian, or custodian has not made any other |
15 | | appropriate living arrangement for the child; or who is a |
16 | | newborn infant whose blood, urine,
or meconium
contains any |
17 | | amount of a controlled substance as defined in subsection (f) |
18 | | of
Section 102 of the Illinois Controlled Substances Act or a |
19 | | metabolite thereof,
with the exception of a controlled |
20 | | substance or metabolite thereof whose
presence in the newborn |
21 | | infant is the result of medical treatment administered
to the |
22 | | mother or the newborn infant. A child shall not be considered |
23 | | neglected
for the sole reason that the child's parent or other |
24 | | person responsible for his
or her welfare has left the child in |
25 | | the care of an adult relative for any
period of time. A child |
26 | | shall not be considered neglected for the sole reason
that the |
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1 | | child has been relinquished in accordance with the Abandoned |
2 | | Newborn
Infant Protection Act. A child shall not be considered |
3 | | neglected or abused
for the
sole reason that such child's |
4 | | parent or other person responsible for his or her
welfare |
5 | | depends upon spiritual means through prayer alone for the |
6 | | treatment or
cure of disease or remedial care as provided under |
7 | | Section 4 of this Act. A
child shall not be considered |
8 | | neglected or abused solely because the child is
not attending |
9 | | school in accordance with the requirements of Article 26 of The
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10 | | School Code, as amended. |
11 | | "Child Protective Service Unit" means certain specialized |
12 | | State employees of
the Department assigned by the Director to |
13 | | perform the duties and
responsibilities as provided under |
14 | | Section 7.2 of this Act. |
15 | | "Near fatality" means an act that, as certified by a |
16 | | physician, places the child in serious or critical condition, |
17 | | including acts of great bodily harm inflicted upon children |
18 | | under 13 years of age, and as otherwise defined by Department |
19 | | rule. |
20 | | "Great bodily harm" includes bodily injury which creates a |
21 | | high probability of death, or which causes serious permanent |
22 | | disfigurement, or which causes a permanent or protracted loss |
23 | | or impairment of the function of any bodily member or organ, or |
24 | | other serious bodily harm. |
25 | | "Person responsible for the child's welfare" means the |
26 | | child's parent;
guardian; foster parent; relative caregiver; |
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1 | | any person responsible for the
child's welfare in a public or |
2 | | private residential agency or institution; any
person |
3 | | responsible for the child's welfare within a public or private |
4 | | profit or
not for profit child care facility; or any other |
5 | | person responsible for the
child's welfare at the time of the |
6 | | alleged abuse or neglect, including any person that is the |
7 | | custodian of a child under 18 years of age who commits or |
8 | | allows to be committed, against the child, the offense of |
9 | | involuntary servitude, involuntary sexual servitude of a |
10 | | minor, or trafficking in persons for forced labor or services, |
11 | | as provided in Section 10-9 of the Criminal Code of 2012, or |
12 | | any person who
came to know the child through an official |
13 | | capacity or position of trust,
including but not limited to |
14 | | health care professionals, educational personnel,
recreational |
15 | | supervisors, members of the clergy, and volunteers or
support |
16 | | personnel in any setting
where children may be subject to abuse |
17 | | or neglect. |
18 | | "Temporary protective custody" means custody within a |
19 | | hospital or
other medical facility or a place previously |
20 | | designated for such custody
by the Department, subject to |
21 | | review by the Court, including a licensed
foster home, group |
22 | | home, or other institution; but such place shall not
be a jail |
23 | | or other place for the detention of criminal or juvenile |
24 | | offenders. |
25 | | "An unfounded report" means any report made under this Act |
26 | | for which
it is determined after an investigation that no |
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1 | | credible evidence of
abuse or neglect exists. |
2 | | "An indicated report" means a report made under this Act if |
3 | | an
investigation determines that credible evidence of the |
4 | | alleged
abuse or neglect exists. |
5 | | "An undetermined report" means any report made under this |
6 | | Act in
which it was not possible to initiate or complete an |
7 | | investigation on
the basis of information provided to the |
8 | | Department. |
9 | | "Subject of report" means any child reported to the central |
10 | | register
of child abuse and neglect established under Section |
11 | | 7.7 of this Act as an alleged victim of child abuse or neglect |
12 | | and
the parent or guardian of the alleged victim or other |
13 | | person responsible for the alleged victim's welfare who is |
14 | | named in the report or added to the report as an alleged |
15 | | perpetrator of child abuse or neglect. |
16 | | "Perpetrator" means a person who, as a result of |
17 | | investigation, has
been determined by the Department to have |
18 | | caused child abuse or neglect. |
19 | | "Member of the clergy" means a clergyman or practitioner of |
20 | | any religious
denomination accredited by the religious body to |
21 | | which he or she belongs. |
22 | | "Youth athletic program worker" means an individual |
23 | | performing services for a youth athletic program including, but |
24 | | not limited to, coaches, doctors, and program employees. |
25 | | (Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19 .)
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1 | | (325 ILCS 5/4)
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2 | | Sec. 4. Persons required to report; privileged |
3 | | communications;
transmitting false report. |
4 | | (a) The following persons are required to immediately |
5 | | report to the Department when they have reasonable cause to |
6 | | believe that a child known to them in their professional or |
7 | | official capacities may be an abused child or a neglected |
8 | | child: |
9 | | (1) Medical personnel, including any: physician |
10 | | licensed to practice medicine in any of its branches |
11 | | (medical doctor or doctor of osteopathy); resident; |
12 | | intern; medical administrator or personnel engaged in the |
13 | | examination, care, and treatment of persons; psychiatrist; |
14 | | surgeon; dentist; dental hygienist; chiropractic |
15 | | physician; podiatric physician; physician assistant; |
16 | | emergency medical technician; acupuncturist; registered |
17 | | nurse; licensed practical nurse; advanced practice |
18 | | registered nurse; genetic counselor; respiratory care |
19 | | practitioner; home health aide; or certified nursing |
20 | | assistant. |
21 | | (2) Social services and mental health personnel, |
22 | | including any: licensed professional counselor; licensed |
23 | | clinical professional counselor; licensed social worker; |
24 | | licensed clinical social worker; licensed psychologist or |
25 | | assistant working under the direct supervision of a |
26 | | psychologist; associate licensed marriage and family |
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1 | | therapist; licensed marriage and family therapist; field |
2 | | personnel of the Departments of Healthcare and Family |
3 | | Services, Public Health, Human Services, Human Rights, or |
4 | | Children and Family Services; supervisor or administrator |
5 | | of the General Assistance program established under |
6 | | Article VI of the Illinois Public Aid Code; social services |
7 | | administrator; or substance abuse treatment personnel. |
8 | | (3) Crisis intervention personnel, including any: |
9 | | crisis line or hotline personnel; or domestic violence |
10 | | program personnel. |
11 | | (4)
Education personnel, including any: school |
12 | | personnel (including administrators and certified and |
13 | | non-certified school employees); personnel of institutions |
14 | | of higher education; educational advocate assigned to a |
15 | | child in accordance with the School Code; member of a |
16 | | school board or the Chicago Board of Education or the |
17 | | governing body of a private school (but only to the extent |
18 | | required under subsection (d)); or truant officer. |
19 | | (5)
Recreation or athletic program or facility |
20 | | personnel , including any youth athletic program worker . |
21 | | (6)
Child care personnel, including any: early |
22 | | intervention provider as defined in the Early Intervention |
23 | | Services System Act; director or staff assistant of a |
24 | | nursery school or a child day care center; or foster |
25 | | parent, homemaker, or child care worker. |
26 | | (7)
Law enforcement personnel, including any: law |
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1 | | enforcement officer; field personnel of the Department of |
2 | | Juvenile Justice; field personnel of the Department of |
3 | | Corrections; probation officer; or animal control officer |
4 | | or field investigator of the Department of Agriculture's |
5 | | Bureau of Animal Health and Welfare. |
6 | | (8)
Any funeral home director; funeral home director |
7 | | and embalmer; funeral home employee; coroner; or medical |
8 | | examiner. |
9 | | (9)
Any member of the clergy. |
10 | | (10) Any physician, physician assistant, registered |
11 | | nurse, licensed practical nurse, medical technician, |
12 | | certified nursing assistant, licensed social worker, |
13 | | licensed clinical social worker, or licensed professional |
14 | | counselor of any office, clinic, or any other physical |
15 | | location that provides abortions, abortion referrals, or |
16 | | contraceptives. |
17 | | (b) When 2 or more persons who work within the same |
18 | | workplace and are required to report under this Act share a |
19 | | reasonable cause to believe that a child may be an abused or |
20 | | neglected child, one of those reporters may be designated to |
21 | | make a single report. The report shall include the names and |
22 | | contact information for the other mandated reporters sharing |
23 | | the reasonable cause to believe that a child may be an abused |
24 | | or neglected child. The designated reporter must provide |
25 | | written confirmation of the report to those mandated reporters |
26 | | within 48 hours. If confirmation is not provided, those |
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1 | | mandated reporters are individually responsible for |
2 | | immediately ensuring a report is made. Nothing in this Section |
3 | | precludes or may be used to preclude any person from reporting |
4 | | child abuse or child neglect. |
5 | | (c)(1) As used in this Section, "a child known to them in |
6 | | their professional or official capacities" means: |
7 | | (A) the mandated reporter comes into contact with the |
8 | | child in the course of the reporter's employment or |
9 | | practice of a profession, or through a regularly scheduled |
10 | | program, activity, or service; |
11 | | (B) the mandated reporter is affiliated with an agency, |
12 | | institution, organization, school, school district, |
13 | | regularly established church or religious organization, or |
14 | | other entity that is directly responsible for the care, |
15 | | supervision, guidance, or training of the child; or |
16 | | (C) a person makes a specific disclosure to the |
17 | | mandated reporter that an identifiable child is the victim |
18 | | of child abuse or child neglect, and the disclosure happens |
19 | | while the mandated reporter is engaged in his or her |
20 | | employment or practice of a profession, or in a regularly |
21 | | scheduled program, activity, or service. |
22 | | (2) Nothing in this Section requires a child to come before |
23 | | the mandated reporter in order for the reporter to make a |
24 | | report of suspected child abuse or child neglect.
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25 | | (d) If an allegation is raised to a school board member |
26 | | during the course of an open or closed school board meeting |
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1 | | that a child who is enrolled in the school district of which he |
2 | | or she is a board member is an abused child as defined in |
3 | | Section 3 of this Act, the member shall direct or cause the |
4 | | school board to direct the superintendent of the school |
5 | | district or other equivalent school administrator to comply |
6 | | with the requirements of this Act concerning the reporting of |
7 | | child abuse. For purposes of this paragraph, a school board |
8 | | member is granted the authority in his or her individual |
9 | | capacity to direct the superintendent of the school district or |
10 | | other equivalent school administrator to comply with the |
11 | | requirements of this Act concerning the reporting of child |
12 | | abuse.
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13 | | Notwithstanding any other provision of this Act, if an |
14 | | employee of a school district has made a report or caused a |
15 | | report to be made to the Department under this Act involving |
16 | | the conduct of a current or former employee of the school |
17 | | district and a request is made by another school district for |
18 | | the provision of information concerning the job performance or |
19 | | qualifications of the current or former employee because he or |
20 | | she is an applicant for employment with the requesting school |
21 | | district, the general superintendent of the school district to |
22 | | which the request is being made must disclose to the requesting |
23 | | school district the fact that an employee of the school |
24 | | district has made a report involving the conduct of the |
25 | | applicant or caused a report to be made to the Department, as |
26 | | required under this Act. Only the fact that an employee of the |
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1 | | school district has made a report involving the conduct of the |
2 | | applicant or caused a report to be made to the Department may |
3 | | be disclosed by the general superintendent of the school |
4 | | district to which the request for information concerning the |
5 | | applicant is made, and this fact may be disclosed only in cases |
6 | | where the employee and the general superintendent have not been |
7 | | informed by the Department that the allegations were unfounded. |
8 | | An employee of a school district who is or has been the subject |
9 | | of a report made pursuant to this Act during his or her |
10 | | employment with the school district must be informed by that |
11 | | school district that if he or she applies for employment with |
12 | | another school district, the general superintendent of the |
13 | | former school district, upon the request of the school district |
14 | | to which the employee applies, shall notify that requesting |
15 | | school district that the employee is or was the subject of such |
16 | | a report.
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17 | | (e) Whenever
such person is required to report under this |
18 | | Act in his capacity as a member of
the staff of a medical or |
19 | | other public or private institution, school, facility
or |
20 | | agency, or as a member of the clergy, he shall
make report |
21 | | immediately to the Department in accordance
with the provisions |
22 | | of this Act and may also notify the person in charge of
such |
23 | | institution, school, facility or agency, or church, synagogue, |
24 | | temple,
mosque, or other religious institution, or his
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25 | | designated agent that such
report has been made. Under no |
26 | | circumstances shall any person in charge of
such institution, |
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1 | | school, facility or agency, or church, synagogue, temple,
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2 | | mosque, or other religious institution, or his
designated agent |
3 | | to whom
such notification has been made, exercise any control, |
4 | | restraint, modification
or other change in the report or the |
5 | | forwarding of such report to the
Department.
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6 | | (f) In addition to the persons required to report suspected |
7 | | cases of child abuse or child neglect under this Section, any |
8 | | other person may make a report if such person has reasonable |
9 | | cause to believe a child may be an abused child or a neglected |
10 | | child. |
11 | | (g) The privileged quality of communication between any |
12 | | professional
person required to report
and his patient or |
13 | | client shall not apply to situations involving abused or
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14 | | neglected children and shall not constitute grounds for failure |
15 | | to report
as required by this Act or constitute grounds for |
16 | | failure to share information or documents with the Department |
17 | | during the course of a child abuse or neglect investigation. If |
18 | | requested by the professional, the Department shall confirm in |
19 | | writing that the information or documents disclosed by the |
20 | | professional were gathered in the course of a child abuse or |
21 | | neglect investigation.
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22 | | The reporting requirements of this Act shall not apply to |
23 | | the contents of a privileged communication between an attorney |
24 | | and his or her client or to confidential information within the |
25 | | meaning of Rule 1.6 of the Illinois Rules of Professional |
26 | | Conduct relating to the legal representation of an individual |
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1 | | client. |
2 | | A member of the clergy may claim the privilege under |
3 | | Section 8-803 of the
Code of Civil Procedure.
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4 | | (h) Any office, clinic, or any other physical location that |
5 | | provides abortions, abortion referrals, or contraceptives |
6 | | shall provide to all office personnel copies of written |
7 | | information and training materials about abuse and neglect and |
8 | | the requirements of this Act that are provided to employees of |
9 | | the office, clinic, or physical location who are required to |
10 | | make reports to the Department under this Act, and instruct |
11 | | such office personnel to bring to the attention of an employee |
12 | | of the office, clinic, or physical location who is required to |
13 | | make reports to the Department under this Act any reasonable |
14 | | suspicion that a child known to him or her in his or her |
15 | | professional or official capacity may be an abused child or a |
16 | | neglected child.
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17 | | (i) Any person who enters into
employment on and after July |
18 | | 1, 1986 and is mandated by virtue of that
employment to report |
19 | | under this Act, shall sign a statement on a form
prescribed by |
20 | | the Department, to the effect that the employee has knowledge
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21 | | and understanding of the reporting requirements of this Act. On |
22 | | and after January 1, 2019, the statement
shall also include |
23 | | information about available mandated reporter training |
24 | | provided by the Department. The statement
shall be signed prior |
25 | | to commencement of the employment. The signed
statement shall |
26 | | be retained by the employer. The cost of printing,
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1 | | distribution, and filing of the statement shall be borne by the |
2 | | employer.
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3 | | (j) Persons required to report child abuse or child neglect |
4 | | as provided under this Section must complete an initial |
5 | | mandated reporter training within 3 months of their date of |
6 | | engagement in a professional or official capacity as a mandated |
7 | | reporter, or within the time frame of any other applicable |
8 | | State law that governs training requirements for a specific |
9 | | profession, and at least every 3 years thereafter. The initial |
10 | | requirement only applies to the first time they engage in their |
11 | | professional or official capacity. In lieu of training every 3 |
12 | | years, medical personnel, as listed in paragraph (1) of |
13 | | subsection (a), must meet the requirements described in |
14 | | subsection (k). |
15 | | The trainings shall be in-person or web-based, and shall |
16 | | include, at a minimum, information on the following topics: (i) |
17 | | indicators for recognizing child abuse and child neglect, as |
18 | | defined under this Act; (ii) the process for reporting |
19 | | suspected child abuse and child neglect in Illinois as required |
20 | | by this Act and the required documentation; (iii) responding to |
21 | | a child in a trauma-informed manner; and (iv) understanding the |
22 | | response of child protective services and the role of the |
23 | | reporter after a call has been made. Child-serving |
24 | | organizations are encouraged to provide in-person annual |
25 | | trainings. |
26 | | The mandated reporter training shall be provided through |
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1 | | the Department, through an entity authorized to provide |
2 | | continuing education for professionals licensed through the |
3 | | Department of Financial and Professional Regulation, the State |
4 | | Board of Education, the Illinois Law Enforcement Training |
5 | | Standards Board, or the Department of State Police, or through |
6 | | an organization approved by the Department to provide mandated |
7 | | reporter training. The Department must make available a free |
8 | | web-based training for reporters. |
9 | | Each mandated reporter shall report to his or her employer |
10 | | and, when applicable, to his or her licensing or certification |
11 | | board that he or she received the mandated reporter training. |
12 | | The mandated reporter shall maintain records of completion. |
13 | | Beginning January 1, 2021, if a mandated reporter receives |
14 | | licensure from the Department of Financial and Professional |
15 | | Regulation or the State Board of Education, and his or her |
16 | | profession has continuing education requirements, the training |
17 | | mandated under this Section shall count toward meeting the |
18 | | licensee's required continuing education hours. |
19 | | (k)(1) Medical personnel, as listed in paragraph (1) of |
20 | | subsection (a), who work with children in their professional or |
21 | | official capacity, must complete mandated reporter training at |
22 | | least every 6 years. Such medical personnel, if licensed, must |
23 | | attest at each time of licensure renewal on their renewal form |
24 | | that they understand they are a mandated reporter of child |
25 | | abuse and neglect, that they are aware of the process for |
26 | | making a report, that they know how to respond to a child in a |
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1 | | trauma-informed manner, and that they are aware of the role of |
2 | | child protective services and the role of a reporter after a |
3 | | call has been made. |
4 | | (2) In lieu of repeated training, medical personnel, as |
5 | | listed in paragraph (1) of subsection (a), who do not work with |
6 | | children in their professional or official capacity, may |
7 | | instead attest each time at licensure renewal on their renewal |
8 | | form that they understand they are a mandated reporter of child |
9 | | abuse and neglect, that they are aware of the process for |
10 | | making a report, that they know how to respond to a child in a |
11 | | trauma-informed manner, and that they are aware of the role of |
12 | | child protective services and the role of a reporter after a |
13 | | call has been made. Nothing in this paragraph precludes medical |
14 | | personnel from completing mandated reporter training and |
15 | | receiving continuing education credits for that training. |
16 | | (l) The Department shall provide copies of this Act, upon |
17 | | request, to all
employers employing persons who shall be |
18 | | required under the provisions of
this Section to report under |
19 | | this Act.
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20 | | (m) Any person who knowingly transmits a false report to |
21 | | the Department
commits the offense of disorderly conduct under |
22 | | subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. |
23 | | A violation of this provision is a Class 4 felony.
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24 | | Any person who knowingly and willfully violates any |
25 | | provision of this
Section other than a second or subsequent |
26 | | violation of transmitting a
false report as described in the
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1 | | preceding paragraph, is guilty of a
Class A misdemeanor for
a |
2 | | first violation and a Class
4 felony for a
second or subsequent |
3 | | violation; except that if the person acted as part
of a plan or |
4 | | scheme having as its object the
prevention of discovery of an |
5 | | abused or neglected child by lawful authorities
for the
purpose |
6 | | of protecting or insulating any person or entity from arrest or
|
7 | | prosecution, the
person is guilty of a Class 4 felony for a |
8 | | first offense and a Class 3 felony
for a second or
subsequent |
9 | | offense (regardless of whether the second or subsequent offense
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10 | | involves any
of the same facts or persons as the first or other |
11 | | prior offense).
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12 | | (n) A child whose parent, guardian or custodian in good |
13 | | faith selects and depends
upon spiritual means through prayer |
14 | | alone for the treatment or cure of
disease or remedial care may |
15 | | be considered neglected or abused, but not for
the sole reason |
16 | | that his parent, guardian or custodian accepts and
practices |
17 | | such beliefs.
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18 | | (o) A child shall not be considered neglected or abused |
19 | | solely because the
child is not attending school in accordance |
20 | | with the requirements of
Article 26 of the School Code, as |
21 | | amended.
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22 | | (p) Nothing in this Act prohibits a mandated reporter who |
23 | | reasonably believes that an animal is being abused or neglected |
24 | | in violation of the Humane Care for Animals Act from reporting |
25 | | animal abuse or neglect to the Department of Agriculture's |
26 | | Bureau of Animal Health and Welfare. |
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1 | | (q) A home rule unit may not regulate the reporting of |
2 | | child abuse or neglect in a manner inconsistent with the |
3 | | provisions of this Section. This Section is a limitation under |
4 | | subsection (i) of Section 6 of Article VII of the Illinois |
5 | | Constitution on the concurrent exercise by home rule units of |
6 | | powers and functions exercised by the State. |
7 | | (r) For purposes of this Section "child abuse or neglect" |
8 | | includes abuse or neglect of an adult resident as defined in |
9 | | this Act. |
10 | | (Source: P.A. 100-513, eff. 1-1-18; 100-1071, eff. 1-1-19; |
11 | | 101-564, eff. 1-1-20 .)
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12 | | (325 ILCS 5/4.6 new) |
13 | | Sec. 4.6. Youth athletic program workers. A youth athletic |
14 | | program must have a background check performed for each youth |
15 | | athletic program worker by a reputable, licensed third-party |
16 | | vendor. The background check shall include: |
17 | | (1) Social Security Number to confirm the identity of |
18 | | the individual; |
19 | | (2) driving records if the individual is driving as |
20 | | part of his or her duties with the program; |
21 | | (3) a multijurisdictional State and county criminal |
22 | | records database search; and |
23 | | (4) a federal criminal search.
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24 | | Section 99. Effective date. This Act takes effect upon |
25 | | becoming law.
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