Bill Text: IL HB4144 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Children and Family Services Act and the Abused and Neglected Child Reporting Act. Provides that the Department of Children and Family Services may not remove a child from the child's home and take custody of that child solely on the basis that the child's parent, guardian, or custodian is or has been a victim of domestic violence. Provides that a child shall not be considered neglected or abused for the sole reason that the child's parent, guardian, or custodian is or has been a victim of domestic violence.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4144 Detail]

Download: Illinois-2017-HB4144-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4144 Introduced , by Rep. Jehan Gordon-Booth SYNOPSIS AS INTRODUCED:
20 ILCS 505/5 from Ch. 23, par. 5005
325 ILCS 5/3 from Ch. 23, par. 2053
325 ILCS 5/4
325 ILCS 5/5.1 new
Amends the Children and Family Services Act and the Abused and Neglected Child Reporting Act. Provides that the Department of Children and Family Services may not remove a child from the child's home and take custody of that child solely on the basis that the child's parent, guardian, or custodian is or has been a victim of domestic violence. Provides that a child shall not be considered neglected or abused for the sole reason that the child's parent, guardian, or custodian is or has been a victim of domestic violence.
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FISCAL NOTE ACT MAY APPLY
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 1. The Children and Family Services Act is amended
by changing Section 5 as follows:
(20 ILCS 505/5) (from Ch. 23, par. 5005)
Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
(a) For purposes of this Section:
(1) "Children" means persons found within the State who
are under the age of 18 years. The term also includes
persons under age 21 who:
(A) were committed to the Department pursuant to
the Juvenile Court Act or the Juvenile Court Act of
1987, as amended, prior to the age of 18 and who
continue under the jurisdiction of the court; or
(B) were accepted for care, service and training by
the Department prior to the age of 18 and whose best
interest in the discretion of the Department would be
served by continuing that care, service and training
because of severe emotional disturbances, physical

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disability, social adjustment or any combination
thereof, or because of the need to complete an
educational or vocational training program.
(2) "Homeless youth" means persons found within the
State who are under the age of 19, are not in a safe and
stable living situation and cannot be reunited with their
families.
(3) "Child welfare services" means public social
services which are directed toward the accomplishment of
the following purposes:
(A) protecting and promoting the health, safety
and welfare of children, including homeless, dependent
or neglected children;
(B) remedying, or assisting in the solution of
problems which may result in, the neglect, abuse,
exploitation or delinquency of children;
(C) preventing the unnecessary separation of
children from their families by identifying family
problems, assisting families in resolving their
problems, and preventing the breakup of the family
where the prevention of child removal is desirable and
possible when the child can be cared for at home
without endangering the child's health and safety;
(D) restoring to their families children who have
been removed, by the provision of services to the child
and the families when the child can be cared for at

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home without endangering the child's health and
safety;
(E) placing children in suitable adoptive homes,
in cases where restoration to the biological family is
not safe, possible or appropriate;
(F) assuring safe and adequate care of children
away from their homes, in cases where the child cannot
be returned home or cannot be placed for adoption. At
the time of placement, the Department shall consider
concurrent planning, as described in subsection (l-1)
of this Section so that permanency may occur at the
earliest opportunity. Consideration should be given so
that if reunification fails or is delayed, the
placement made is the best available placement to
provide permanency for the child;
(G) (blank);
(H) (blank); and
(I) placing and maintaining children in facilities
that provide separate living quarters for children
under the age of 18 and for children 18 years of age
and older, unless a child 18 years of age is in the
last year of high school education or vocational
training, in an approved individual or group treatment
program, in a licensed shelter facility, or secure
child care facility. The Department is not required to
place or maintain children:

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(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting or parenting, or
(iv) who are siblings, in facilities that
provide separate living quarters for children 18
years of age and older and for children under 18
years of age.
(b) Nothing in this Section shall be construed to authorize
the expenditure of public funds for the purpose of performing
abortions.
(c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement, the
contractor must post a surety bond in the amount of the advance
disbursement and have a purchase of service contract approved
by the Department. The Department may pay up to 2 months
operational expenses in advance. The amount of the advance
disbursement shall be prorated over the life of the contract or

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the remaining months of the fiscal year, whichever is less, and
the installment amount shall then be deducted from future
bills. Advance disbursement authorizations for new initiatives
shall not be made to any agency after that agency has operated
during 2 consecutive fiscal years. The requirements of this
Section concerning advance disbursements shall not apply with
respect to the following: payments to local public agencies for
child day care services as authorized by Section 5a of this
Act; and youth service programs receiving grant funds under
Section 17a-4.
(e) (Blank).
(f) (Blank).
(g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the goals
of child safety and protection, family preservation, family
reunification, and adoption, including but not limited to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, 4-25 or 5-740 of the Juvenile

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Court Act of 1987 in accordance with the federal Adoption
Assistance and Child Welfare Act of 1980; and
(10) interstate services.
Rules and regulations established by the Department shall
include provisions for training Department staff and the staff
of Department grantees, through contracts with other agencies
or resources, in alcohol and drug abuse screening techniques
approved by the Department of Human Services, as a successor to
the Department of Alcoholism and Substance Abuse, for the
purpose of identifying children and adults who should be
referred to an alcohol and drug abuse treatment program for
professional evaluation.
(h) If the Department finds that there is no appropriate
program or facility within or available to the Department for a
ward and that no licensed private facility has an adequate and
appropriate program or none agrees to accept the ward, the
Department shall create an appropriate individualized,
program-oriented plan for such ward. The plan may be developed
within the Department or through purchase of services by the
Department to the extent that it is within its statutory
authority to do.
(i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
(1) case management;
(2) homemakers;

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(3) counseling;
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available
to assess and meet the needs of children and families:
(1) comprehensive family-based services;
(2) assessments;
(3) respite care; and
(4) in-home health services.
The Department shall provide transportation for any of the
services it makes available to children or families or for
which it refers children or families.
(j) The Department may provide categories of financial
assistance and education assistance grants, and shall
establish rules and regulations concerning the assistance and
grants, to persons who adopt children with physical or mental
disabilities, children who are older, or other hard-to-place
children who (i) immediately prior to their adoption were legal
wards of the Department or (ii) were determined eligible for
financial assistance with respect to a prior adoption and who
become available for adoption because the prior adoption has
been dissolved and the parental rights of the adoptive parents
have been terminated or because the child's adoptive parents
have died. The Department may continue to provide financial
assistance and education assistance grants for a child who was

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determined eligible for financial assistance under this
subsection (j) in the interim period beginning when the child's
adoptive parents died and ending with the finalization of the
new adoption of the child by another adoptive parent or
parents. The Department may also provide categories of
financial assistance and education assistance grants, and
shall establish rules and regulations for the assistance and
grants, to persons appointed guardian of the person under
Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4-25 or 5-740 of the Juvenile Court Act of 1987 for children
who were wards of the Department for 12 months immediately
prior to the appointment of the guardian.
The amount of assistance may vary, depending upon the needs
of the child and the adoptive parents, as set forth in the
annual assistance agreement. Special purpose grants are
allowed where the child requires special service but such costs
may not exceed the amounts which similar services would cost
the Department if it were to provide or secure them as guardian
of the child.
Any financial assistance provided under this subsection is
inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection of
a judgment or debt.
(j-5) The Department shall not deny or delay the placement
of a child for adoption if an approved family is available
either outside of the Department region handling the case, or

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outside of the State of Illinois.
(k) The Department shall accept for care and training any
child who has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court Act or
the Juvenile Court Act of 1987.
(l) The Department shall offer family preservation
services, as defined in Section 8.2 of the Abused and Neglected
Child Reporting Act, to help families, including adoptive and
extended families. Family preservation services shall be
offered (i) to prevent the placement of children in substitute
care when the children can be cared for at home or in the
custody of the person responsible for the children's welfare,
(ii) to reunite children with their families, or (iii) to
maintain an adoptive placement. Family preservation services
shall only be offered when doing so will not endanger the
children's health or safety. With respect to children who are
in substitute care pursuant to the Juvenile Court Act of 1987,
family preservation services shall not be offered if a goal
other than those of subdivisions (A), (B), or (B-1) of
subsection (2) of Section 2-28 of that Act has been set.
Nothing in this paragraph shall be construed to create a
private right of action or claim on the part of any individual
or child welfare agency, except that when a child is the
subject of an action under Article II of the Juvenile Court Act
of 1987 and the child's service plan calls for services to
facilitate achievement of the permanency goal, the court

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hearing the action under Article II of the Juvenile Court Act
of 1987 may order the Department to provide the services set
out in the plan, if those services are not provided with
reasonable promptness and if those services are available.
The Department shall notify the child and his family of the
Department's responsibility to offer and provide family
preservation services as identified in the service plan. The
child and his family shall be eligible for services as soon as
the report is determined to be "indicated". The Department may
offer services to any child or family with respect to whom a
report of suspected child abuse or neglect has been filed,
prior to concluding its investigation under Section 7.12 of the
Abused and Neglected Child Reporting Act. However, the child's
or family's willingness to accept services shall not be
considered in the investigation. The Department may also
provide services to any child or family who is the subject of
any report of suspected child abuse or neglect or may refer
such child or family to services available from other agencies
in the community, even if the report is determined to be
unfounded, if the conditions in the child's or family's home
are reasonably likely to subject the child or family to future
reports of suspected child abuse or neglect. Acceptance of such
services shall be voluntary. The Department may also provide
services to any child or family after completion of a family
assessment, as an alternative to an investigation, as provided
under the "differential response program" provided for in

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subsection (a-5) of Section 7.4 of the Abused and Neglected
Child Reporting Act.
The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated addicted,
as a truant minor in need of supervision or as a minor
requiring authoritative intervention, under the Juvenile Court
Act or the Juvenile Court Act of 1987, but no such child shall
be committed to the Department by any court without the
approval of the Department. On and after the effective date of
this amendatory Act of the 98th General Assembly and before
January 1, 2017, a minor charged with a criminal offense under
the Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of or
committed to the Department by any court, except (i) a minor
less than 16 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition to
reinstate wardship pursuant to subsection (2) of Section 2-33
of the Juvenile Court Act of 1987. On and after January 1,
2017, a minor charged with a criminal offense under the
Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of or
committed to the Department by any court, except (i) a minor

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less than 15 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition to
reinstate wardship pursuant to subsection (2) of Section 2-33
of the Juvenile Court Act of 1987. An independent basis exists
when the allegations or adjudication of abuse, neglect, or
dependency do not arise from the same facts, incident, or
circumstances which give rise to a charge or adjudication of
delinquency.
As soon as is possible after August 7, 2009 (the effective
date of Public Act 96-134), the Department shall develop and
implement a special program of family preservation services to
support intact, foster, and adoptive families who are
experiencing extreme hardships due to the difficulty and stress
of caring for a child who has been diagnosed with a pervasive
developmental disorder if the Department determines that those
services are necessary to ensure the health and safety of the
child. The Department may offer services to any family whether
or not a report has been filed under the Abused and Neglected
Child Reporting Act. The Department may refer the child or
family to services available from other agencies in the
community if the conditions in the child's or family's home are
reasonably likely to subject the child or family to future
reports of suspected child abuse or neglect. Acceptance of

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these services shall be voluntary. The Department shall develop
and implement a public information campaign to alert health and
social service providers and the general public about these
special family preservation services. The nature and scope of
the services offered and the number of families served under
the special program implemented under this paragraph shall be
determined by the level of funding that the Department annually
allocates for this purpose. The term "pervasive developmental
disorder" under this paragraph means a neurological condition,
including but not limited to, Asperger's Syndrome and autism,
as defined in the most recent edition of the Diagnostic and
Statistical Manual of Mental Disorders of the American
Psychiatric Association.
(l-1) The legislature recognizes that the best interests of
the child require that the child be placed in the most
permanent living arrangement as soon as is practically
possible. To achieve this goal, the legislature directs the
Department of Children and Family Services to conduct
concurrent planning so that permanency may occur at the
earliest opportunity. Permanent living arrangements may
include prevention of placement of a child outside the home of
the family when the child can be cared for at home without
endangering the child's health or safety; reunification with
the family, when safe and appropriate, if temporary placement
is necessary; or movement of the child toward the most
permanent living arrangement and permanent legal status.

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When determining reasonable efforts to be made with respect
to a child, as described in this subsection, and in making such
reasonable efforts, the child's health and safety shall be the
paramount concern.
When a child is placed in foster care, the Department shall
ensure and document that reasonable efforts were made to
prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child occurs
unless otherwise required, pursuant to the Juvenile Court Act
of 1987. At any time after the dispositional hearing where the
Department believes that further reunification services would
be ineffective, it may request a finding from the court that
reasonable efforts are no longer appropriate. The Department is
not required to provide further reunification services after
such a finding.
A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration should
also be given so that if reunification fails or is delayed, the
placement made is the best available placement to provide
permanency for the child.
The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:

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(1) the likelihood of prompt reunification;
(2) the past history of the family;
(3) the barriers to reunification being addressed by
the family;
(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with the
family to reunite;
(6) the willingness and ability of the foster family to
provide an adoptive home or long-term placement;
(7) the age of the child;
(8) placement of siblings.
(m) The Department may assume temporary custody of any
child if:
(1) it has received a written consent to such temporary
custody signed by the parents of the child or by the parent
having custody of the child if the parents are not living
together or by the guardian or custodian of the child if
the child is not in the custody of either parent, or
(2) the child is found in the State and neither a
parent, guardian nor custodian of the child can be located.
If the child is found in his or her residence without a parent,
guardian, custodian or responsible caretaker, the Department
may, instead of removing the child and assuming temporary
custody, place an authorized representative of the Department
in that residence until such time as a parent, guardian or
custodian enters the home and expresses a willingness and

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apparent ability to ensure the child's health and safety and
resume permanent charge of the child, or until a relative
enters the home and is willing and able to ensure the child's
health and safety and assume charge of the child until a
parent, guardian or custodian enters the home and expresses
such willingness and ability to ensure the child's safety and
resume permanent charge. After a caretaker has remained in the
home for a period not to exceed 12 hours, the Department must
follow those procedures outlined in Section 2-9, 3-11, 4-8, or
5-415 of the Juvenile Court Act of 1987.
The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile Court
Act of 1987. Whenever a child is taken into temporary custody
pursuant to an investigation under the Abused and Neglected
Child Reporting Act, or pursuant to a referral and acceptance
under the Juvenile Court Act of 1987 of a minor in limited
custody, the Department, during the period of temporary custody
and before the child is brought before a judicial officer as
required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
Court Act of 1987, shall have the authority, responsibilities
and duties that a legal custodian of the child would have under
subsection (9) of Section 1-3 of the Juvenile Court Act of
1987.
The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical

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examination.
A parent, guardian or custodian of a child in the temporary
custody of the Department who would have custody of the child
if he were not in the temporary custody of the Department may
deliver to the Department a signed request that the Department
surrender the temporary custody of the child. The Department
may retain temporary custody of the child for 10 days after the
receipt of the request, during which period the Department may
cause to be filed a petition pursuant to the Juvenile Court Act
of 1987. If a petition is so filed, the Department shall retain
temporary custody of the child until the court orders
otherwise. If a petition is not filed within the 10 day period,
the child shall be surrendered to the custody of the requesting
parent, guardian or custodian not later than the expiration of
the 10 day period, at which time the authority and duties of
the Department with respect to the temporary custody of the
child shall terminate.
(m-1) The Department may place children under 18 years of
age in a secure child care facility licensed by the Department
that cares for children who are in need of secure living
arrangements for their health, safety, and well-being after a
determination is made by the facility director and the Director
or the Director's designate prior to admission to the facility
subject to Section 2-27.1 of the Juvenile Court Act of 1987.
This subsection (m-1) does not apply to a child who is subject
to placement in a correctional facility operated pursuant to

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Section 3-15-2 of the Unified Code of Corrections, unless the
child is a ward who was placed under the care of the Department
before being subject to placement in a correctional facility
and a court of competent jurisdiction has ordered placement of
the child in a secure care facility.
(n) The Department may place children under 18 years of age
in licensed child care facilities when in the opinion of the
Department, appropriate services aimed at family preservation
have been unsuccessful and cannot ensure the child's health and
safety or are unavailable and such placement would be for their
best interest. Payment for board, clothing, care, training and
supervision of any child placed in a licensed child care
facility may be made by the Department, by the parents or
guardians of the estates of those children, or by both the
Department and the parents or guardians, except that no
payments shall be made by the Department for any child placed
in a licensed child care facility for board, clothing, care,
training and supervision of such a child that exceed the
average per capita cost of maintaining and of caring for a
child in institutions for dependent or neglected children
operated by the Department. However, such restriction on
payments does not apply in cases where children require
specialized care and treatment for problems of severe emotional
disturbance, physical disability, social adjustment, or any
combination thereof and suitable facilities for the placement
of such children are not available at payment rates within the

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limitations set forth in this Section. All reimbursements for
services delivered shall be absolutely inalienable by
assignment, sale, attachment, garnishment or otherwise.
(n-1) The Department shall provide or authorize child
welfare services, aimed at assisting minors to achieve
sustainable self-sufficiency as independent adults, for any
minor eligible for the reinstatement of wardship pursuant to
subsection (2) of Section 2-33 of the Juvenile Court Act of
1987, whether or not such reinstatement is sought or allowed,
provided that the minor consents to such services and has not
yet attained the age of 21. The Department shall have
responsibility for the development and delivery of services
under this Section. An eligible youth may access services under
this Section through the Department of Children and Family
Services or by referral from the Department of Human Services.
Youth participating in services under this Section shall
cooperate with the assigned case manager in developing an
agreement identifying the services to be provided and how the
youth will increase skills to achieve self-sufficiency. A
homeless shelter is not considered appropriate housing for any
youth receiving child welfare services under this Section. The
Department shall continue child welfare services under this
Section to any eligible minor until the minor becomes 21 years
of age, no longer consents to participate, or achieves
self-sufficiency as identified in the minor's service plan. The
Department of Children and Family Services shall create clear,

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readable notice of the rights of former foster youth to child
welfare services under this Section and how such services may
be obtained. The Department of Children and Family Services and
the Department of Human Services shall disseminate this
information statewide. The Department shall adopt regulations
describing services intended to assist minors in achieving
sustainable self-sufficiency as independent adults.
(o) The Department shall establish an administrative
review and appeal process for children and families who request
or receive child welfare services from the Department. Children
who are wards of the Department and are placed by private child
welfare agencies, and foster families with whom those children
are placed, shall be afforded the same procedural and appeal
rights as children and families in the case of placement by the
Department, including the right to an initial review of a
private agency decision by that agency. The Department shall
insure that any private child welfare agency, which accepts
wards of the Department for placement, affords those rights to
children and foster families. The Department shall accept for
administrative review and an appeal hearing a complaint made by
(i) a child or foster family concerning a decision following an
initial review by a private child welfare agency or (ii) a
prospective adoptive parent who alleges a violation of
subsection (j-5) of this Section. An appeal of a decision
concerning a change in the placement of a child shall be
conducted in an expedited manner. A court determination that a

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current foster home placement is necessary and appropriate
under Section 2-28 of the Juvenile Court Act of 1987 does not
constitute a judicial determination on the merits of an
administrative appeal, filed by a former foster parent,
involving a change of placement decision.
(p) (Blank).
(q) The Department may receive and use, in their entirety,
for the benefit of children any gift, donation or bequest of
money or other property which is received on behalf of such
children, or any financial benefits to which such children are
or may become entitled while under the jurisdiction or care of
the Department.
The Department shall set up and administer no-cost,
interest-bearing accounts in appropriate financial
institutions for children for whom the Department is legally
responsible and who have been determined eligible for Veterans'
Benefits, Social Security benefits, assistance allotments from
the armed forces, court ordered payments, parental voluntary
payments, Supplemental Security Income, Railroad Retirement
payments, Black Lung benefits, or other miscellaneous
payments. Interest earned by each account shall be credited to
the account, unless disbursed in accordance with this
subsection.
In disbursing funds from children's accounts, the
Department shall:
(1) Establish standards in accordance with State and

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federal laws for disbursing money from children's
accounts. In all circumstances, the Department's
"Guardianship Administrator" or his or her designee must
approve disbursements from children's accounts. The
Department shall be responsible for keeping complete
records of all disbursements for each account for any
purpose.
(2) Calculate on a monthly basis the amounts paid from
State funds for the child's board and care, medical care
not covered under Medicaid, and social services; and
utilize funds from the child's account, as covered by
regulation, to reimburse those costs. Monthly,
disbursements from all children's accounts, up to 1/12 of
$13,000,000, shall be deposited by the Department into the
General Revenue Fund and the balance over 1/12 of
$13,000,000 into the DCFS Children's Services Fund.
(3) Maintain any balance remaining after reimbursing
for the child's costs of care, as specified in item (2).
The balance shall accumulate in accordance with relevant
State and federal laws and shall be disbursed to the child
or his or her guardian, or to the issuing agency.
(r) The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to the
Department or its agent names and addresses of all persons who
have applied for and have been approved for adoption of a
hard-to-place child or child with a disability and the names of

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such children who have not been placed for adoption. A list of
such names and addresses shall be maintained by the Department
or its agent, and coded lists which maintain the
confidentiality of the person seeking to adopt the child and of
the child shall be made available, without charge, to every
adoption agency in the State to assist the agencies in placing
such children for adoption. The Department may delegate to an
agent its duty to maintain and make available such lists. The
Department shall ensure that such agent maintains the
confidentiality of the person seeking to adopt the child and of
the child.
(s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious or
negligent acts of foster children, as well as providing third
party coverage for such foster parents with regard to actions
of foster children to other individuals. Such coverage will be
secondary to the foster parent liability insurance policy, if
applicable. The program shall be funded through appropriations
from the General Revenue Fund, specifically designated for such
purposes.
(t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and

HB4144 - 24 - LRB100 14901 KTG 29726 b
Dissolution of Marriage Act or the Adoption Act only if:
(1) an order entered by an Illinois court specifically
directs the Department to perform such services; and
(2) the court has ordered one or both of the parties to
the proceeding to reimburse the Department for its
reasonable costs for providing such services in accordance
with Department rules, or has determined that neither party
is financially able to pay.
The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court order.
The Department shall send to the court information related to
the costs incurred except in cases where the court has
determined the parties are financially unable to pay. The court
may order additional periodic reports as appropriate.
(u) In addition to other information that must be provided,
whenever the Department places a child with a prospective
adoptive parent or parents or in a licensed foster home, group
home, child care institution, or in a relative home, the
Department shall provide to the prospective adoptive parent or
parents or other caretaker:
(1) available detailed information concerning the
child's educational and health history, copies of
immunization records (including insurance and medical card
information), a history of the child's previous
placements, if any, and reasons for placement changes

HB4144 - 25 - LRB100 14901 KTG 29726 b
excluding any information that identifies or reveals the
location of any previous caretaker;
(2) a copy of the child's portion of the client service
plan, including any visitation arrangement, and all
amendments or revisions to it as related to the child; and
(3) information containing details of the child's
individualized educational plan when the child is
receiving special education services.
The caretaker shall be informed of any known social or
behavioral information (including, but not limited to,
criminal background, fire setting, perpetuation of sexual
abuse, destructive behavior, and substance abuse) necessary to
care for and safeguard the children to be placed or currently
in the home. The Department may prepare a written summary of
the information required by this paragraph, which may be
provided to the foster or prospective adoptive parent in
advance of a placement. The foster or prospective adoptive
parent may review the supporting documents in the child's file
in the presence of casework staff. In the case of an emergency
placement, casework staff shall at least provide known
information verbally, if necessary, and must subsequently
provide the information in writing as required by this
subsection.
The information described in this subsection shall be
provided in writing. In the case of emergency placements when
time does not allow prior review, preparation, and collection

HB4144 - 26 - LRB100 14901 KTG 29726 b
of written information, the Department shall provide such
information as it becomes available. Within 10 business days
after placement, the Department shall obtain from the
prospective adoptive parent or parents or other caretaker a
signed verification of receipt of the information provided.
Within 10 business days after placement, the Department shall
provide to the child's guardian ad litem a copy of the
information provided to the prospective adoptive parent or
parents or other caretaker. The information provided to the
prospective adoptive parent or parents or other caretaker shall
be reviewed and approved regarding accuracy at the supervisory
level.
(u-5) Effective July 1, 1995, only foster care placements
licensed as foster family homes pursuant to the Child Care Act
of 1969 shall be eligible to receive foster care payments from
the Department. Relative caregivers who, as of July 1, 1995,
were approved pursuant to approved relative placement rules
previously promulgated by the Department at 89 Ill. Adm. Code
335 and had submitted an application for licensure as a foster
family home may continue to receive foster care payments only
until the Department determines that they may be licensed as a
foster family home or that their application for licensure is
denied or until September 30, 1995, whichever occurs first.
(v) The Department shall access criminal history record
information as defined in the Illinois Uniform Conviction
Information Act and information maintained in the adjudicatory

HB4144 - 27 - LRB100 14901 KTG 29726 b
and dispositional record system as defined in Section 2605-355
of the Department of State Police Law (20 ILCS 2605/2605-355)
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 Department shall provide for
interactive computerized communication and processing
equipment that permits direct on-line communication with the
Department of State Police's central criminal history data
repository. The Department shall comply with all certification
requirements and provide certified operators who have been
trained by personnel from the Department of State Police. In
addition, one Office of the Inspector General investigator
shall have training in the use of the criminal history
information access system and have access to the terminal. The
Department of Children and Family Services and its employees
shall abide by rules and regulations established by the
Department of State Police relating to the access and
dissemination of this information.
(v-1) Prior to final approval for placement of a child, the
Department shall conduct a criminal records background check of
the prospective foster or adoptive parent, including
fingerprint-based checks of national crime information
databases. Final approval for placement shall not be granted if
the record check reveals a felony conviction for child abuse or
neglect, for spousal abuse, for a crime against children, or

HB4144 - 28 - LRB100 14901 KTG 29726 b
for a crime involving violence, including rape, sexual assault,
or homicide, but not including other physical assault or
battery, or if there is a felony conviction for physical
assault, battery, or a drug-related offense committed within
the past 5 years.
(v-2) Prior to final approval for placement of a child, the
Department shall check its child abuse and neglect registry for
information concerning prospective foster and adoptive
parents, and any adult living in the home. If any prospective
foster or adoptive parent or other adult living in the home has
resided in another state in the preceding 5 years, the
Department shall request a check of that other state's child
abuse and neglect registry.
(w) Within 120 days of August 20, 1995 (the effective date
of Public Act 89-392), the Department shall prepare and submit
to the Governor and the General Assembly, a written plan for
the development of in-state licensed secure child care
facilities that care for children who are in need of secure
living arrangements for their health, safety, and well-being.
For purposes of this subsection, secure care facility shall
mean a facility that is designed and operated to ensure that
all entrances and exits from the facility, a building or a
distinct part of the building, are under the exclusive control
of the staff of the facility, whether or not the child has the
freedom of movement within the perimeter of the facility,
building, or distinct part of the building. The plan shall

HB4144 - 29 - LRB100 14901 KTG 29726 b
include descriptions of the types of facilities that are needed
in Illinois; the cost of developing these secure care
facilities; the estimated number of placements; the potential
cost savings resulting from the movement of children currently
out-of-state who are projected to be returned to Illinois; the
necessary geographic distribution of these facilities in
Illinois; and a proposed timetable for development of such
facilities.
(x) The Department shall conduct annual credit history
checks to determine the financial history of children placed
under its guardianship pursuant to the Juvenile Court Act of
1987. The Department shall conduct such credit checks starting
when a ward turns 12 years old and each year thereafter for the
duration of the guardianship as terminated pursuant to the
Juvenile Court Act of 1987. The Department shall determine if
financial exploitation of the child's personal information has
occurred. If financial exploitation appears to have taken place
or is presently ongoing, the Department shall notify the proper
law enforcement agency, the proper State's Attorney, or the
Attorney General.
(y) Beginning on the effective date of this amendatory Act
of the 96th General Assembly, a child with a disability who
receives residential and educational services from the
Department shall be eligible to receive transition services in
accordance with Article 14 of the School Code from the age of
14.5 through age 21, inclusive, notwithstanding the child's

HB4144 - 30 - LRB100 14901 KTG 29726 b
residential services arrangement. For purposes of this
subsection, "child with a disability" means a child with a
disability as defined by the federal Individuals with
Disabilities Education Improvement Act of 2004.
(y-5) Notwithstanding any other provision of this Act to
the contrary, the Department may not remove a child from the
child's home and take custody of that child solely on the basis
that the child's parent, guardian, or custodian is or has been
a victim of domestic violence.
(z) The Department shall access criminal history record
information as defined as "background information" in this
subsection and criminal history record information as defined
in the Illinois Uniform Conviction Information Act for each
Department employee or Department applicant. Each Department
employee or Department applicant shall submit his or her
fingerprints to the Department of State Police in the form and
manner prescribed by the Department of State Police. These
fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Department of State Police and
the Federal Bureau of Investigation criminal history records
databases. The Department of State Police shall charge a fee
for conducting the criminal history record check, which shall
be deposited into the State Police Services Fund and shall not
exceed the actual cost of the record check. The Department of
State Police shall furnish, pursuant to positive
identification, all Illinois conviction information to the

HB4144 - 31 - LRB100 14901 KTG 29726 b
Department of Children and Family Services.
For purposes of this subsection:
"Background information" means all of the following:
(i) Upon the request of the Department of Children and
Family Services, conviction information obtained from the
Department of State Police as a result of a
fingerprint-based criminal history records check of the
Illinois criminal history records database and the Federal
Bureau of Investigation criminal history records database
concerning a Department employee or Department applicant.
(ii) Information obtained by the Department of
Children and Family Services after performing a check of
the Department of State Police's Sex Offender Database, as
authorized by Section 120 of the Sex Offender Community
Notification Law, concerning a Department employee or
Department applicant.
(iii) Information obtained by the Department of
Children and Family Services after performing a check of
the Child Abuse and Neglect Tracking System (CANTS)
operated and maintained by the Department.
"Department employee" means a full-time or temporary
employee coded or certified within the State of Illinois
Personnel System.
"Department applicant" means an individual who has
conditional Department full-time or part-time work, a
contractor, an individual used to replace or supplement staff,

HB4144 - 32 - LRB100 14901 KTG 29726 b
an academic intern, a volunteer in Department offices or on
Department contracts, a work-study student, an individual or
entity licensed by the Department, or an unlicensed service
provider who works as a condition of a contract or an agreement
and whose work may bring the unlicensed service provider into
contact with Department clients or client records.
(Source: P.A. 98-249, eff. 1-1-14; 98-570, eff. 8-27-13;
98-756, eff. 7-16-14; 98-803, eff. 1-1-15; 99-143, eff.
7-27-15; 99-933, eff. 1-27-17.)
Section 5. The Abused and Neglected Child Reporting Act is
amended by changing Sections 3 and 4 and by adding Section 5.1
as follows:
(325 ILCS 5/3) (from Ch. 23, par. 2053)
Sec. 3. As used in this Act unless the context otherwise
requires:
"Adult resident" means any person between 18 and 22 years
of age who resides in any facility licensed by the Department
under the Child Care Act of 1969. For purposes of this Act, the
criteria set forth in the definitions of "abused child" and
"neglected child" shall be used in determining whether an adult
resident is abused or neglected.
"Agency" means a child care facility licensed under Section
2.05 or Section 2.06 of the Child Care Act of 1969 and includes
a transitional living program that accepts children and adult

HB4144 - 33 - LRB100 14901 KTG 29726 b
residents for placement who are in the guardianship of the
Department.
"Blatant disregard" means an incident where the real,
significant, and imminent risk of harm would be so obvious to a
reasonable parent or caretaker that it is unlikely that a
reasonable parent or caretaker would have exposed the child to
the danger without exercising precautionary measures to
protect the child from harm. With respect to a person working
at an agency in his or her professional capacity with a child
or adult resident, "blatant disregard" includes a failure by
the person to perform job responsibilities intended to protect
the child's or adult resident's health, physical well-being, or
welfare, and, when viewed in light of the surrounding
circumstances, evidence exists that would cause a reasonable
person to believe that the child was neglected. With respect to
an agency, "blatant disregard" includes a failure to implement
practices that ensure the health, physical well-being, or
welfare of the children and adult residents residing in the
facility.
"Child" means any person under the age of 18 years, unless
legally emancipated by reason of marriage or entry into a
branch of the United States armed services.
"Department" means Department of Children and Family
Services.
"Local law enforcement agency" means the police of a city,
town, village or other incorporated area or the sheriff of an

HB4144 - 34 - LRB100 14901 KTG 29726 b
unincorporated area or any sworn officer of the Illinois
Department of State Police.
"Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's
welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to be
inflicted upon such child physical injury, by other than
accidental means, which causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury to
such child by other than accidental means which would be
likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of any
bodily function;
(c) commits or allows to be committed any sex offense
against such child, as such sex offenses are defined in the
Criminal Code of 2012 or in the Wrongs to Children Act, and
extending those definitions of sex offenses to include
children under 18 years of age;
(d) commits or allows to be committed an act or acts of
torture upon such child;
(e) inflicts excessive corporal punishment or, in the
case of a person working for an agency who is prohibited
from using corporal punishment, inflicts corporal

HB4144 - 35 - LRB100 14901 KTG 29726 b
punishment upon a child or adult resident with whom the
person is working in his or her professional capacity;
(f) commits or allows to be committed the offense of
female genital mutilation, as defined in Section 12-34 of
the Criminal Code of 2012, against the child;
(g) causes to be sold, transferred, distributed, or
given to such child under 18 years of age, a controlled
substance as defined in Section 102 of the Illinois
Controlled Substances Act in violation of Article IV of the
Illinois Controlled Substances Act or in violation of the
Methamphetamine Control and Community Protection Act,
except for controlled substances that are prescribed in
accordance with Article III of the Illinois Controlled
Substances Act and are dispensed to such child in a manner
that substantially complies with the prescription; or
(h) commits or allows to be committed the offense of
involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons as defined in Section 10-9
of the Criminal Code of 2012 against the child.
A child shall not be considered abused for the sole reason
that the child has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act.
A child shall not be considered abused for the sole reason
that the child's parent, guardian, or custodian is or has been
a victim of domestic violence.
"Neglected child" means any child who is not receiving the

HB4144 - 36 - LRB100 14901 KTG 29726 b
proper or necessary nourishment or medically indicated
treatment including food or care not provided solely on the
basis of the present or anticipated mental or physical
impairment as determined by a physician acting alone or in
consultation with other physicians or otherwise is not
receiving the proper or necessary support or medical or other
remedial care recognized under State law as necessary for a
child's well-being, or other care necessary for his or her
well-being, including adequate food, clothing and shelter; or
who is subjected to an environment which is injurious insofar
as (i) the child's environment creates a likelihood of harm to
the child's health, physical well-being, or welfare and (ii)
the likely harm to the child is the result of a blatant
disregard of parent, caretaker, or agency responsibilities; or
who is abandoned by his or her parents or other person
responsible for the child's welfare without a proper plan of
care; or who has been provided with interim crisis intervention
services under Section 3-5 of the Juvenile Court Act of 1987
and whose parent, guardian, or custodian refuses to permit the
child to return home and no other living arrangement agreeable
to the parent, guardian, or custodian can be made, and the
parent, guardian, or custodian has not made any other
appropriate living arrangement for the child; or who is a
newborn infant whose blood, urine, or meconium contains any
amount of a controlled substance as defined in subsection (f)
of Section 102 of the Illinois Controlled Substances Act or a

HB4144 - 37 - LRB100 14901 KTG 29726 b
metabolite thereof, with the exception of a controlled
substance or metabolite thereof whose presence in the newborn
infant is the result of medical treatment administered to the
mother or the newborn infant. A child shall not be considered
neglected for the sole reason that the child's parent or other
person responsible for his or her welfare has left the child in
the care of an adult relative for any period of time. A child
shall not be considered neglected for the sole reason that the
child has been relinquished in accordance with the Abandoned
Newborn Infant Protection Act. A child shall not be considered
neglected or abused for the sole reason that such child's
parent or other person responsible for his or her welfare
depends upon spiritual means through prayer alone for the
treatment or cure of disease or remedial care as provided under
Section 4 of this Act. A child shall not be considered
neglected or abused solely because the child is not attending
school in accordance with the requirements of Article 26 of The
School Code, as amended. A child shall not be considered
neglected for the sole reason that the child's parent,
guardian, or custodian is or has been a victim of domestic
violence.
"Child Protective Service Unit" means certain specialized
State employees of the Department assigned by the Director to
perform the duties and responsibilities as provided under
Section 7.2 of this Act.
"Person responsible for the child's welfare" means the

HB4144 - 38 - LRB100 14901 KTG 29726 b
child's parent; guardian; foster parent; relative caregiver;
any person responsible for the child's welfare in a public or
private residential agency or institution; any person
responsible for the child's welfare within a public or private
profit or not for profit child care facility; or any other
person responsible for the child's welfare at the time of the
alleged abuse or neglect, including any person that is the
custodian of a child under 18 years of age who commits or
allows to be committed, against the child, the offense of
involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons for forced labor or services,
as provided in Section 10-9 of the Criminal Code of 2012, or
any person who came to know the child through an official
capacity or position of trust, including but not limited to
health care professionals, educational personnel, recreational
supervisors, members of the clergy, and volunteers or support
personnel in any setting where children may be subject to abuse
or neglect.
"Temporary protective custody" means custody within a
hospital or other medical facility or a place previously
designated for such custody by the Department, subject to
review by the Court, including a licensed foster home, group
home, or other institution; but such place shall not be a jail
or other place for the detention of criminal or juvenile
offenders.
"An unfounded report" means any report made under this Act

HB4144 - 39 - LRB100 14901 KTG 29726 b
for which it is determined after an investigation that no
credible evidence of abuse or neglect exists.
"An indicated report" means a report made under this Act if
an investigation determines that credible evidence of the
alleged abuse or neglect exists.
"An undetermined report" means any report made under this
Act in which it was not possible to initiate or complete an
investigation on the basis of information provided to the
Department.
"Subject of report" means any child reported to the central
register of child abuse and neglect established under Section
7.7 of this Act as an alleged victim of child abuse or neglect
and the parent or guardian of the alleged victim or other
person responsible for the alleged victim's welfare who is
named in the report or added to the report as an alleged
perpetrator of child abuse or neglect.
"Perpetrator" means a person who, as a result of
investigation, has been determined by the Department to have
caused child abuse or neglect.
"Member of the clergy" means a clergyman or practitioner of
any religious denomination accredited by the religious body to
which he or she belongs.
(Source: P.A. 99-350, eff. 6-1-16.)
(325 ILCS 5/4)
(Text of Section before amendment by P.A. 100-513)

HB4144 - 40 - LRB100 14901 KTG 29726 b
Sec. 4. Persons required to report; privileged
communications; transmitting false report. Any physician,
resident, intern, hospital, hospital administrator and
personnel engaged in examination, care and treatment of
persons, surgeon, dentist, dentist hygienist, osteopath,
chiropractor, podiatric physician, physician assistant,
substance abuse treatment personnel, funeral home director or
employee, coroner, medical examiner, emergency medical
technician, acupuncturist, crisis line or hotline personnel,
school personnel (including administrators and both certified
and non-certified school employees), personnel of institutions
of higher education, educational advocate assigned to a child
pursuant to the School Code, member of a school board or the
Chicago Board of Education or the governing body of a private
school (but only to the extent required in accordance with
other provisions of this Section expressly concerning the duty
of school board members to report suspected child abuse),
truant officers, social worker, social services administrator,
domestic violence program personnel, registered nurse,
licensed practical nurse, genetic counselor, respiratory care
practitioner, advanced practice nurse, home health aide,
director or staff assistant of a nursery school or a child day
care center, recreational or athletic program or facility
personnel, early intervention provider as defined in the Early
Intervention Services System Act, law enforcement officer,
licensed professional counselor, licensed clinical

HB4144 - 41 - LRB100 14901 KTG 29726 b
professional counselor, registered psychologist and assistants
working under the direct supervision of a psychologist,
psychiatrist, or field personnel of the Department of
Healthcare and Family Services, Juvenile Justice, Public
Health, Human Services (acting as successor to the Department
of Mental Health and Developmental Disabilities,
Rehabilitation Services, or Public Aid), Corrections, Human
Rights, or Children and Family Services, supervisor and
administrator of general assistance under the Illinois Public
Aid Code, probation officer, animal control officer or Illinois
Department of Agriculture Bureau of Animal Health and Welfare
field investigator, or any other foster parent, homemaker or
child care worker having reasonable cause to believe a child
known to them in their professional or official capacity may be
an abused child or a neglected child shall immediately report
or cause a report to be made to the Department.
Any member of the clergy having reasonable cause to believe
that a child known to that member of the clergy in his or her
professional capacity may be an abused child as defined in item
(c) of the definition of "abused child" in Section 3 of this
Act shall immediately report or cause a report to be made to
the Department.
Any physician, physician's assistant, registered nurse,
licensed practical nurse, medical technician, certified
nursing assistant, social worker, or licensed professional
counselor of any office, clinic, or any other physical location

HB4144 - 42 - LRB100 14901 KTG 29726 b
that provides abortions, abortion referrals, or contraceptives
having reasonable cause to believe a child known to him or her
in his or her professional or official capacity may be an
abused child or a neglected child shall immediately report or
cause a report to be made to the Department.
If an allegation is raised to a school board member during
the course of an open or closed school board meeting that a
child who is enrolled in the school district of which he or she
is a board member is an abused child as defined in Section 3 of
this Act, the member shall direct or cause the school board to
direct the superintendent of the school district or other
equivalent school administrator to comply with the
requirements of this Act concerning the reporting of child
abuse. For purposes of this paragraph, a school board member is
granted the authority in his or her individual capacity to
direct the superintendent of the school district or other
equivalent school administrator to comply with the
requirements of this Act concerning the reporting of child
abuse.
Notwithstanding any other provision of this Act, if an
employee of a school district has made a report or caused a
report to be made to the Department under this Act involving
the conduct of a current or former employee of the school
district and a request is made by another school district for
the provision of information concerning the job performance or
qualifications of the current or former employee because he or

HB4144 - 43 - LRB100 14901 KTG 29726 b
she is an applicant for employment with the requesting school
district, the general superintendent of the school district to
which the request is being made must disclose to the requesting
school district the fact that an employee of the school
district has made a report involving the conduct of the
applicant or caused a report to be made to the Department, as
required under this Act. Only the fact that an employee of the
school district has made a report involving the conduct of the
applicant or caused a report to be made to the Department may
be disclosed by the general superintendent of the school
district to which the request for information concerning the
applicant is made, and this fact may be disclosed only in cases
where the employee and the general superintendent have not been
informed by the Department that the allegations were unfounded.
An employee of a school district who is or has been the subject
of a report made pursuant to this Act during his or her
employment with the school district must be informed by that
school district that if he or she applies for employment with
another school district, the general superintendent of the
former school district, upon the request of the school district
to which the employee applies, shall notify that requesting
school district that the employee is or was the subject of such
a report.
Whenever such person is required to report under this Act
in his capacity as a member of the staff of a medical or other
public or private institution, school, facility or agency, or

HB4144 - 44 - LRB100 14901 KTG 29726 b
as a member of the clergy, he shall make report immediately to
the Department in accordance with the provisions of this Act
and may also notify the person in charge of such institution,
school, facility or agency, or church, synagogue, temple,
mosque, or other religious institution, or his designated agent
that such report has been made. Under no circumstances shall
any person in charge of such institution, school, facility or
agency, or church, synagogue, temple, mosque, or other
religious institution, or his designated agent to whom such
notification has been made, exercise any control, restraint,
modification or other change in the report or the forwarding of
such report to the Department.
The privileged quality of communication between any
professional person required to report and his patient or
client shall not apply to situations involving abused or
neglected children and shall not constitute grounds for failure
to report as required by this Act or constitute grounds for
failure to share information or documents with the Department
during the course of a child abuse or neglect investigation. If
requested by the professional, the Department shall confirm in
writing that the information or documents disclosed by the
professional were gathered in the course of a child abuse or
neglect investigation.
The reporting requirements of this Act shall not apply to
the contents of a privileged communication between an attorney
and his or her client or to confidential information within the

HB4144 - 45 - LRB100 14901 KTG 29726 b
meaning of Rule 1.6 of the Illinois Rules of Professional
Conduct relating to the legal representation of an individual
client.
A member of the clergy may claim the privilege under
Section 8-803 of the Code of Civil Procedure.
Any office, clinic, or any other physical location that
provides abortions, abortion referrals, or contraceptives
shall provide to all office personnel copies of written
information and training materials about abuse and neglect and
the requirements of this Act that are provided to employees of
the office, clinic, or physical location who are required to
make reports to the Department under this Act, and instruct
such office personnel to bring to the attention of an employee
of the office, clinic, or physical location who is required to
make reports to the Department under this Act any reasonable
suspicion that a child known to him or her in his or her
professional or official capacity may be an abused child or a
neglected child. In addition to the above persons required to
report suspected cases of abused or neglected children, any
other person may make a report if such person has reasonable
cause to believe a child may be an abused child or a neglected
child.
Any person who enters into employment on and after July 1,
1986 and is mandated by virtue of that employment to report
under this Act, shall sign a statement on a form prescribed by
the Department, to the effect that the employee has knowledge

HB4144 - 46 - LRB100 14901 KTG 29726 b
and understanding of the reporting requirements of this Act.
The statement shall be signed prior to commencement of the
employment. The signed statement shall be retained by the
employer. The cost of printing, distribution, and filing of the
statement shall be borne by the employer.
Within one year of initial employment and at least every 5
years thereafter, school personnel required to report child
abuse as provided under this Section must complete mandated
reporter training by a provider or agency with expertise in
recognizing and reporting child abuse.
The Department shall provide copies of this Act, upon
request, to all employers employing persons who shall be
required under the provisions of this Section to report under
this Act.
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 provision is a Class 4 felony.
Any person who knowingly and willfully violates any
provision of this Section other than a second or subsequent
violation of transmitting a false report as described in the
preceding paragraph, is guilty of a Class A misdemeanor for a
first violation and a Class 4 felony for a second or subsequent
violation; except that if the person acted as part of a plan or
scheme having as its object the prevention of discovery of an
abused or neglected child by lawful authorities for the purpose

HB4144 - 47 - LRB100 14901 KTG 29726 b
of protecting or insulating any person or entity from arrest or
prosecution, the person is guilty of a Class 4 felony for a
first offense and a Class 3 felony for a second or subsequent
offense (regardless of whether the second or subsequent offense
involves any of the same facts or persons as the first or other
prior offense).
A child whose parent, guardian or custodian in good faith
selects and depends upon spiritual means through prayer alone
for the treatment or cure of disease or remedial care may be
considered neglected or abused, but not for the sole reason
that his parent, guardian or custodian accepts and practices
such beliefs.
A child shall not be considered neglected or abused solely
because the child is not attending school in accordance with
the requirements of Article 26 of the School Code, as amended.
A child shall not be considered neglected or abused for the
sole reason that the child's parent, guardian, or custodian is
or has been a victim of domestic violence.
Nothing in this Act prohibits a mandated reporter who
reasonably believes that an animal is being abused or neglected
in violation of the Humane Care for Animals Act from reporting
animal abuse or neglect to the Department of Agriculture's
Bureau of Animal Health and Welfare.
A home rule unit may not regulate the reporting of child
abuse or neglect in a manner inconsistent with the provisions
of this Section. This Section is a limitation under subsection

HB4144 - 48 - LRB100 14901 KTG 29726 b
(i) of Section 6 of Article VII of the Illinois Constitution on
the concurrent exercise by home rule units of powers and
functions exercised by the State.
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. 97-189, eff. 7-22-11; 97-254, eff. 1-1-12;
97-387, eff. 8-15-11; 97-711, eff. 6-27-12; 97-813, eff.
7-13-12; 97-1150, eff. 1-25-13; 98-67, eff. 7-15-13; 98-214,
eff. 8-9-13; 98-408, eff. 7-1-14; 98-756, eff. 7-16-14.)
(Text of Section after amendment by P.A. 100-513)
Sec. 4. Persons required to report; privileged
communications; transmitting false report. Any physician,
resident, intern, hospital, hospital administrator and
personnel engaged in examination, care and treatment of
persons, surgeon, dentist, dentist hygienist, osteopath,
chiropractor, podiatric physician, physician assistant,
substance abuse treatment personnel, funeral home director or
employee, coroner, medical examiner, emergency medical
technician, acupuncturist, crisis line or hotline personnel,
school personnel (including administrators and both certified
and non-certified school employees), personnel of institutions
of higher education, educational advocate assigned to a child
pursuant to the School Code, member of a school board or the
Chicago Board of Education or the governing body of a private

HB4144 - 49 - LRB100 14901 KTG 29726 b
school (but only to the extent required in accordance with
other provisions of this Section expressly concerning the duty
of school board members to report suspected child abuse),
truant officers, social worker, social services administrator,
domestic violence program personnel, registered nurse,
licensed practical nurse, genetic counselor, respiratory care
practitioner, advanced practice registered nurse, home health
aide, director or staff assistant of a nursery school or a
child day care center, recreational or athletic program or
facility personnel, early intervention provider as defined in
the Early Intervention Services System Act, law enforcement
officer, licensed professional counselor, licensed clinical
professional counselor, registered psychologist and assistants
working under the direct supervision of a psychologist,
psychiatrist, or field personnel of the Department of
Healthcare and Family Services, Juvenile Justice, Public
Health, Human Services (acting as successor to the Department
of Mental Health and Developmental Disabilities,
Rehabilitation Services, or Public Aid), Corrections, Human
Rights, or Children and Family Services, supervisor and
administrator of general assistance under the Illinois Public
Aid Code, probation officer, animal control officer or Illinois
Department of Agriculture Bureau of Animal Health and Welfare
field investigator, or any other foster parent, homemaker or
child care worker having reasonable cause to believe a child
known to them in their professional or official capacity may be

HB4144 - 50 - LRB100 14901 KTG 29726 b
an abused child or a neglected child shall immediately report
or cause a report to be made to the Department.
Any member of the clergy having reasonable cause to believe
that a child known to that member of the clergy in his or her
professional capacity may be an abused child as defined in item
(c) of the definition of "abused child" in Section 3 of this
Act shall immediately report or cause a report to be made to
the Department.
Any physician, physician's assistant, registered nurse,
licensed practical nurse, medical technician, certified
nursing assistant, social worker, or licensed professional
counselor of any office, clinic, or any other physical location
that provides abortions, abortion referrals, or contraceptives
having reasonable cause to believe a child known to him or her
in his or her professional or official capacity may be an
abused child or a neglected child shall immediately report or
cause a report to be made to the Department.
If an allegation is raised to a school board member during
the course of an open or closed school board meeting that a
child who is enrolled in the school district of which he or she
is a board member is an abused child as defined in Section 3 of
this Act, the member shall direct or cause the school board to
direct the superintendent of the school district or other
equivalent school administrator to comply with the
requirements of this Act concerning the reporting of child
abuse. For purposes of this paragraph, a school board member is

HB4144 - 51 - LRB100 14901 KTG 29726 b
granted the authority in his or her individual capacity to
direct the superintendent of the school district or other
equivalent school administrator to comply with the
requirements of this Act concerning the reporting of child
abuse.
Notwithstanding any other provision of this Act, if an
employee of a school district has made a report or caused a
report to be made to the Department under this Act involving
the conduct of a current or former employee of the school
district and a request is made by another school district for
the provision of information concerning the job performance or
qualifications of the current or former employee because he or
she is an applicant for employment with the requesting school
district, the general superintendent of the school district to
which the request is being made must disclose to the requesting
school district the fact that an employee of the school
district has made a report involving the conduct of the
applicant or caused a report to be made to the Department, as
required under this Act. Only the fact that an employee of the
school district has made a report involving the conduct of the
applicant or caused a report to be made to the Department may
be disclosed by the general superintendent of the school
district to which the request for information concerning the
applicant is made, and this fact may be disclosed only in cases
where the employee and the general superintendent have not been
informed by the Department that the allegations were unfounded.

HB4144 - 52 - LRB100 14901 KTG 29726 b
An employee of a school district who is or has been the subject
of a report made pursuant to this Act during his or her
employment with the school district must be informed by that
school district that if he or she applies for employment with
another school district, the general superintendent of the
former school district, upon the request of the school district
to which the employee applies, shall notify that requesting
school district that the employee is or was the subject of such
a report.
Whenever such person is required to report under this Act
in his capacity as a member of the staff of a medical or other
public or private institution, school, facility or agency, or
as a member of the clergy, he shall make report immediately to
the Department in accordance with the provisions of this Act
and may also notify the person in charge of such institution,
school, facility or agency, or church, synagogue, temple,
mosque, or other religious institution, or his designated agent
that such report has been made. Under no circumstances shall
any person in charge of such institution, school, facility or
agency, or church, synagogue, temple, mosque, or other
religious institution, or his designated agent to whom such
notification has been made, exercise any control, restraint,
modification or other change in the report or the forwarding of
such report to the Department.
The privileged quality of communication between any
professional person required to report and his patient or

HB4144 - 53 - LRB100 14901 KTG 29726 b
client shall not apply to situations involving abused or
neglected children and shall not constitute grounds for failure
to report as required by this Act or constitute grounds for
failure to share information or documents with the Department
during the course of a child abuse or neglect investigation. If
requested by the professional, the Department shall confirm in
writing that the information or documents disclosed by the
professional were gathered in the course of a child abuse or
neglect investigation.
The reporting requirements of this Act shall not apply to
the contents of a privileged communication between an attorney
and his or her client or to confidential information within the
meaning of Rule 1.6 of the Illinois Rules of Professional
Conduct relating to the legal representation of an individual
client.
A member of the clergy may claim the privilege under
Section 8-803 of the Code of Civil Procedure.
Any office, clinic, or any other physical location that
provides abortions, abortion referrals, or contraceptives
shall provide to all office personnel copies of written
information and training materials about abuse and neglect and
the requirements of this Act that are provided to employees of
the office, clinic, or physical location who are required to
make reports to the Department under this Act, and instruct
such office personnel to bring to the attention of an employee
of the office, clinic, or physical location who is required to

HB4144 - 54 - LRB100 14901 KTG 29726 b
make reports to the Department under this Act any reasonable
suspicion that a child known to him or her in his or her
professional or official capacity may be an abused child or a
neglected child. In addition to the above persons required to
report suspected cases of abused or neglected children, any
other person may make a report if such person has reasonable
cause to believe a child may be an abused child or a neglected
child.
Any person who enters into employment on and after July 1,
1986 and is mandated by virtue of that employment to report
under this Act, shall sign a statement on a form prescribed by
the Department, to the effect that the employee has knowledge
and understanding of the reporting requirements of this Act.
The statement shall be signed prior to commencement of the
employment. The signed statement shall be retained by the
employer. The cost of printing, distribution, and filing of the
statement shall be borne by the employer.
Within one year of initial employment and at least every 5
years thereafter, school personnel required to report child
abuse as provided under this Section must complete mandated
reporter training by a provider or agency with expertise in
recognizing and reporting child abuse.
The Department shall provide copies of this Act, upon
request, to all employers employing persons who shall be
required under the provisions of this Section to report under
this Act.

HB4144 - 55 - LRB100 14901 KTG 29726 b
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 provision is a Class 4 felony.
Any person who knowingly and willfully violates any
provision of this Section other than a second or subsequent
violation of transmitting a false report as described in the
preceding paragraph, is guilty of a Class A misdemeanor for a
first violation and a Class 4 felony for a second or subsequent
violation; except that if the person acted as part of a plan or
scheme having as its object the prevention of discovery of an
abused or neglected child by lawful authorities for the purpose
of protecting or insulating any person or entity from arrest or
prosecution, the person is guilty of a Class 4 felony for a
first offense and a Class 3 felony for a second or subsequent
offense (regardless of whether the second or subsequent offense
involves any of the same facts or persons as the first or other
prior offense).
A child whose parent, guardian or custodian in good faith
selects and depends upon spiritual means through prayer alone
for the treatment or cure of disease or remedial care may be
considered neglected or abused, but not for the sole reason
that his parent, guardian or custodian accepts and practices
such beliefs.
A child shall not be considered neglected or abused solely
because the child is not attending school in accordance with

HB4144 - 56 - LRB100 14901 KTG 29726 b
the requirements of Article 26 of the School Code, as amended.
A child shall not be considered neglected or abused for the
sole reason that the child's parent, guardian, or custodian is
or has been a victim of domestic violence.
Nothing in this Act prohibits a mandated reporter who
reasonably believes that an animal is being abused or neglected
in violation of the Humane Care for Animals Act from reporting
animal abuse or neglect to the Department of Agriculture's
Bureau of Animal Health and Welfare.
A home rule unit may not regulate the reporting of child
abuse or neglect in a manner inconsistent with the provisions
of this Section. This Section is a limitation under subsection
(i) of Section 6 of Article VII of the Illinois Constitution on
the concurrent exercise by home rule units of powers and
functions exercised by the State.
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. 100-513, eff. 1-1-18.)
(325 ILCS 5/5.1 new)
Sec. 5.1. Domestic violence; prohibited custody.
Notwithstanding any other provision of this Act to the
contrary, the Department may not remove a child from the
child's home and take custody of that child solely on the basis
that the child's parent, guardian, or custodian is or has been

HB4144 - 57 - LRB100 14901 KTG 29726 b
a victim of domestic violence.
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.