Bill Text: IL HB4407 | 2023-2024 | 103rd General Assembly | Engrossed
Bill Title: Reinserts the provisions of the introduced bill with the following changes. Removes all amendatory changes requiring the Child Protective Service Unit to send a notification letter to a child's school following an investigation and finding of physical or sexual abuse. Instead provides that the Child Protective Service Unit shall send a copy of its final finding report to the school that the child, who is the indicated victim of child abuse (rather than the indicated victim of the report), attends. Requires the report to be sent during the summer to the last school that the child attended. Provides that the final finding report shall provide the date of expungement from the central register and the school shall purge the final finding report from the student's record in accordance with the Illinois School Student Records Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-19 - Rule 19(a) / Re-referred to Rules Committee [HB4407 Detail]
Download: Illinois-2023-HB4407-Engrossed.html
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1 | AN ACT concerning children.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
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 7 and 8.6 as follows:
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6 | (325 ILCS 5/7) (from Ch. 23, par. 2057) | ||||||
7 | Sec. 7. Time and manner of making reports. All reports of | ||||||
8 | suspected child abuse or neglect made under this Act shall be | ||||||
9 | made immediately by telephone to the central register | ||||||
10 | established under Section 7.7 on the single, State-wide, | ||||||
11 | toll-free telephone number established in Section 7.6, or in | ||||||
12 | person or by telephone through the nearest Department office. | ||||||
13 | The Department shall, in cooperation with school officials, | ||||||
14 | distribute appropriate materials in school buildings listing | ||||||
15 | the toll-free telephone number established in Section 7.6, | ||||||
16 | including methods of making a report under this Act. The | ||||||
17 | Department may, in cooperation with appropriate members of the | ||||||
18 | clergy, distribute appropriate materials in churches, | ||||||
19 | synagogues, temples, mosques, or other religious buildings | ||||||
20 | listing the toll-free telephone number established in Section | ||||||
21 | 7.6, including methods of making a report under this Act. | ||||||
22 | Wherever the Statewide number is posted, there shall also | ||||||
23 | be posted the following notice: |
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1 | "Any person who knowingly transmits a false report to the | ||||||
2 | Department commits the offense of disorderly conduct under | ||||||
3 | subsection (a)(7) of Section 26-1 of the Criminal Code of | ||||||
4 | 2012. A violation of this subsection is a Class 4 felony." | ||||||
5 | The report required by this Act shall include, if known, | ||||||
6 | the name and address of the child and the child's parents or | ||||||
7 | other persons having the child's custody; the child's age; the | ||||||
8 | nature of the child's condition, including any evidence of | ||||||
9 | previous injuries or disabilities; and any other information | ||||||
10 | that the person filing the report believes might be helpful in | ||||||
11 | establishing the cause of such abuse or neglect and the | ||||||
12 | identity of the person believed to have caused such abuse or | ||||||
13 | neglect. Reports made to the central register through the | ||||||
14 | State-wide, toll-free telephone number shall be immediately | ||||||
15 | transmitted by the Department to the appropriate Child | ||||||
16 | Protective Service Unit. All such reports alleging the death | ||||||
17 | of a child, serious injury to a child, including, but not | ||||||
18 | limited to, brain damage, skull fractures, subdural hematomas, | ||||||
19 | and internal injuries, torture of a child, malnutrition of a | ||||||
20 | child, and sexual abuse to a child, including, but not limited | ||||||
21 | to, sexual intercourse, sexual exploitation, sexual | ||||||
22 | molestation, and sexually transmitted disease in a child age | ||||||
23 | 12 and under, shall also be immediately transmitted by the | ||||||
24 | Department to the appropriate local law enforcement agency. | ||||||
25 | The Department shall within 24 hours orally notify local law | ||||||
26 | enforcement personnel and the office of the State's Attorney |
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1 | of the involved county of the receipt of any report alleging | ||||||
2 | the death of a child, serious injury to a child, including, but | ||||||
3 | not limited to, brain damage, skull fractures, subdural | ||||||
4 | hematomas, and internal injuries, torture of a child, | ||||||
5 | malnutrition of a child, and sexual abuse to a child, | ||||||
6 | including, but not limited to, sexual intercourse, sexual | ||||||
7 | exploitation, sexual molestation, and sexually transmitted | ||||||
8 | disease in a child age 12 and under. All oral reports made by | ||||||
9 | the Department to local law enforcement personnel and the | ||||||
10 | office of the State's Attorney of the involved county shall be | ||||||
11 | confirmed in writing within 24 hours of the oral report. All | ||||||
12 | reports by persons mandated to report under this Act shall be | ||||||
13 | confirmed in writing to the appropriate Child Protective | ||||||
14 | Service Unit, which may be on forms supplied by the | ||||||
15 | Department, within 48 hours of any initial report. | ||||||
16 | Any report received by the Department alleging the abuse | ||||||
17 | or neglect of a child by a person who is not the child's | ||||||
18 | parent, a member of the child's immediate family, a person | ||||||
19 | responsible for the child's welfare, an individual residing in | ||||||
20 | the same home as the child, or a paramour of the child's parent | ||||||
21 | shall immediately be referred to the appropriate local law | ||||||
22 | enforcement agency for consideration of criminal investigation | ||||||
23 | or other action. | ||||||
24 | Written confirmation reports from persons not required to | ||||||
25 | report by this Act may be made to the appropriate Child | ||||||
26 | Protective Service Unit. Written reports from persons required |
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1 | by this Act to report shall be admissible in evidence in any | ||||||
2 | judicial proceeding or administrative hearing relating to | ||||||
3 | child abuse or neglect. Reports involving known or suspected | ||||||
4 | child abuse or neglect in public or private residential | ||||||
5 | agencies or institutions shall be made and received in the | ||||||
6 | same manner as all other reports made under this Act. | ||||||
7 | For purposes of this Section, "child" includes an adult | ||||||
8 | resident as defined in this Act. | ||||||
9 | (Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23.)
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10 | (325 ILCS 5/8.6) | ||||||
11 | Sec. 8.6. Reports to a child's school. Within 10 days | ||||||
12 | after completing an investigation of alleged physical or | ||||||
13 | sexual abuse under this Act, if the report is indicated, the | ||||||
14 | Child Protective Service Unit shall send a copy of its final | ||||||
15 | finding report to the school that the child , who is the | ||||||
16 | indicated victim of child abuse, the report attends. During If | ||||||
17 | the final finding report is sent during the summer when the | ||||||
18 | school is not in session, the report shall be sent to the last | ||||||
19 | school that the child attended. The final finding report shall | ||||||
20 | be sent as "confidential", and the school shall be responsible | ||||||
21 | for ensuring that the report remains confidential in | ||||||
22 | accordance with the Illinois School Student Records Act. If an | ||||||
23 | indicated finding is overturned in an appeal or hearing, or if | ||||||
24 | the Department has made a determination that the child is no | ||||||
25 | longer at risk of physical or sexual harm, the Department |
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