Public Act 103-0460

SB0375 Enrolled LRB103 02782 KTG 47788 b

AN ACT concerning children.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Children and Family Services Act is amended

by changing Section 21 as follows:

(20 ILCS 505/21) (from Ch. 23, par. 5021)

Sec. 21. Investigative powers; training.

(a) To make such investigations as it may deem necessary

to the performance of its duties.

(b) In the course of any such investigation any qualified

person authorized by the Director may administer oaths and

secure by its subpoena both the attendance and testimony of

witnesses and the production of books and papers relevant to

such investigation. Any person who is served with a subpoena

by the Department to appear and testify or to produce books and

papers, in the course of an investigation authorized by law,

and who refuses or neglects to appear, or to testify, or to

produce books and papers relevant to such investigation, as

commanded in such subpoena, shall be guilty of a Class B

misdemeanor. The fees of witnesses for attendance and travel

shall be the same as the fees of witnesses before the circuit

courts of this State. Any circuit court of this State, upon

application of the person requesting the hearing or the

Department, may compel the attendance of witnesses, the

production of books and papers, and giving of testimony before

the Department or before any authorized officer or employee

thereof, by an attachment for contempt or otherwise, in the

same manner as production of evidence may be compelled before

such court. Every person who, having taken an oath or made

affirmation before the Department or any authorized officer or

employee thereof, shall willfully swear or affirm falsely,

shall be guilty of perjury and upon conviction shall be

punished accordingly.

(c) Investigations initiated under this Section shall

provide individuals due process of law, including the right to

a hearing, to cross-examine witnesses, to obtain relevant

documents, and to present evidence. Administrative findings

shall be subject to the provisions of the Administrative

Review Law.

(d) Beginning July 1, 1988, any child protective

investigator or supervisor or child welfare specialist or

supervisor employed by the Department on the effective date of

this amendatory Act of 1987 shall have completed a training

program which shall be instituted by the Department. The

training program shall include, but not be limited to, the

following: (1) training in the detection of symptoms of child

neglect and drug abuse; (2) specialized training for dealing

with families and children of drug abusers; and (3) specific

training in child development, family dynamics and interview

techniques. Such program shall conform to the criteria and

curriculum developed under Section 4 of the Child Protective

Investigator and Child Welfare Specialist Certification Act of

1987. Failure to complete such training due to lack of

opportunity provided by the Department shall in no way be

grounds for any disciplinary or other action against an

investigator or a specialist.

The Department shall develop a continuous inservice staff

development program and evaluation system. Each child

protective investigator and supervisor and child welfare

specialist and supervisor shall participate in such program

and evaluation and shall complete a minimum of 20 hours of

inservice education and training every 2 years in order to

maintain certification.

Any child protective investigator or child protective

supervisor, or child welfare specialist or child welfare

specialist supervisor hired by the Department who begins his

actual employment after the effective date of this amendatory

Act of 1987, shall be certified pursuant to the Child

Protective Investigator and Child Welfare Specialist

Certification Act of 1987 before he begins such employment.

Nothing in this Act shall replace or diminish the rights of

employees under the Illinois Public Labor Relations Act, as

amended, or the National Labor Relations Act. In the event of

any conflict between either of those Acts, or any collective

bargaining agreement negotiated thereunder, and the provisions

of subsections (d) and (e), the former shall prevail and

control.

(e) The Department shall develop and implement the

following:

(1) A safety-based child welfare intervention system

standardized child endangerment risk assessment protocol.

(2) Related training procedures.

(3) A standardized method for demonstration of

proficiency in application of the safety-based child

welfare intervention system protocol.

(4) An evaluation of the reliability and validity of

the safety-based child welfare intervention system

protocol.

All child protective investigators and supervisors and child

welfare specialists and supervisors employed by the Department

or its contractors shall be required, subsequent to the

availability of training under this Act, to demonstrate

proficiency in application of the safety-based child welfare

intervention system protocol previous to being permitted to

make safety decisions about the degree of risk posed to

children for whom they are responsible. The Department shall

establish a multi-disciplinary advisory committee appointed by

the Director, including but not limited to representatives

from the fields of child development, domestic violence,

family systems, juvenile justice, law enforcement, health

care, mental health, substance abuse, and social service to

advise the Department and its related contractors in the

development and implementation of the safety-based child

welfare intervention system child endangerment risk assessment

protocol, related training, method for demonstration of

proficiency in application of the safety-based child welfare

intervention system protocol, and evaluation of the

reliability and validity of the safety-based child welfare

intervention system protocol. The Department shall develop the

safety-based child welfare intervention system protocol,

training curriculum, method for demonstration of proficiency

in application of the safety-based child welfare intervention

system, protocol and method for evaluation of the reliability

and validity of the safety-based child welfare intervention

system protocol by July 1, 1995. Training and demonstration of

proficiency in application of the safety-based child welfare

intervention system child endangerment risk assessment

protocol for all child protective investigators and

supervisors and child welfare specialists and supervisors

shall be completed as soon as practicable, but no later than

January 1, 1996. The Department shall submit to the General

Assembly on or before December 31, 2026 May 1, 1996, and every

year thereafter, an annual report on the evaluation of the

reliability and validity of the safety-based child welfare

intervention system child endangerment risk assessment

protocol. The Department shall contract with a not for profit

organization with demonstrated expertise in the field of

safety-based child welfare intervention child endangerment

risk assessment to assist in the development and

implementation of the safety-based child welfare intervention

system child endangerment risk assessment protocol, related

training, method for demonstration of proficiency in

application of the safety-based child welfare intervention

system protocol, and evaluation of the reliability and

validity of the safety-based child welfare intervention system

protocol.

(f) The Department shall provide each parent or guardian

and responsible adult caregiver participating in a safety plan

a copy of the written safety plan as signed by each parent or

guardian and responsible adult caregiver and by a

representative of the Department. The Department shall also

provide each parent or guardian and responsible adult

caregiver safety plan information on their rights and

responsibilities that shall include, but need not be limited

to, information on how to obtain medical care, emergency phone

numbers, and information on how to notify schools or day care

providers as appropriate. The Department's representative

shall ensure that the safety plan is reviewed and approved by

the child protection supervisor.

(Source: P.A. 98-830, eff. 1-1-15.)

Section 10. The Advisory Commission on Reducing the

Disproportionate Representation of African-American Children

in Foster Care Act is amended by changing Section 10 as

follows:

(20 ILCS 4104/10)

Sec. 10. Advisory Commission on Reducing the

Disproportionate Representation of African-American Children

in Foster Care.

(a) The Advisory Commission on Reducing the

Disproportionate Representation of African-American Children

in Foster Care is created and shall have the following

appointed members:

(1) One member appointed by the Governor or his of her

designee.

(2) One member appointed by the Speaker of the House

of Representatives or his or her designee.

(3) One member appointed by the Minority Leader of the

House of Representatives or his or her designee.

(4) One member appointed by the President of the

Senate or his or her designee.

(5) One member appointed by the Minority Leader of the

Senate or his or her designee.

(6) The Department on Aging, the Department of

Children and Family Services, the Department of Human

Services, the Department of Juvenile Justice, the

Department of Commerce and Economic Opportunity, the

Department of Healthcare and Family Services, the

Department of Public Health, the State Board of Education,

the Board of Higher Education, the Illinois Community

College Board, the Department of Human Rights, the Capital

Development Board, the Department of Corrections, and the

Department of Labor shall each appoint a liaison to serve

ex officio on the Commission.

(7) One member from the Task Force on Strengthening

Child Welfare Workforce for Children and Families.

(8) One member from the Safety-Based Child Welfare

Intervention Child Endangerment Risk Assessment Protocol

Advisory Committee.

(9) Two members representing nonprofit organizations

that advocate for African-American children or youth to be

appointed by the Governor or his or her designee.

(b) The Governor or his or her designee shall appoint the

chairperson or chairpersons.

(c) Each member appointed to the Commission shall have a

working knowledge of Illinois' child welfare system. The

members shall reflect regional representation to ensure that

the needs of African-American families and children throughout

the State of Illinois are met.

(d) Members shall be appointed within 60 days after the

effective date of this Act. The Advisory Commission shall hold

its initial meetings within 60 days after at least 50% of the

members have been appointed.

(e) Vacancies on the Advisory Commission shall be filled

in the same manner as initial appointments. Appointments to

fill vacancies occurring before the expiration of a term shall

be for the remainder of the unexpired term. Members shall

serve without compensation but may be reimbursed for actual

necessary expenses incurred in the performance of their

duties.

(f) The Department of Children and Family Services shall

provide administrative support to the Advisory Commission.

(Source: P.A. 102-470, eff. 8-20-21.)

Section 15. The Abused and Neglected Child Reporting Act

is amended by changing Sections 7.01 and 7.4 as follows:

(325 ILCS 5/7.01)

Sec. 7.01. Reports made by mandated reporters that require

a child welfare services referral Safety assessments for

reports made by mandated reporters.

(a) When a report is made by a mandated reporter to the

statewide toll-free telephone number established under Section

7.6 of this Act and there is a prior indicated report of abuse

or neglect, or there is a prior open service case involving any

member of the household, the Department must, at a minimum,

accept the report as a child welfare services referral. If the

family refuses to cooperate or refuses access to the home or

children, then a child protective services investigation shall

be initiated if the facts otherwise meet the criteria to

accept a report.

As used in this Section, "child welfare services referral"

means an assessment of the family for service needs and

linkage to available local community resources for the purpose

of preventing or remedying or assisting in the solution of

problems which may result in the neglect, abuse, exploitation,

or delinquency of children, and as further defined in

Department rules and procedures.

As used in this Section, "prior open service case" means a

case in which the Department has provided services to the

family either directly or through a purchase of service

agency.

(b) One year after the effective date of this amendatory

Act of the 101st General Assembly, the Auditor General shall

commence a performance audit of the Department of Children and

Family Services to determine whether the Department is meeting

the requirements of this Section. Within 2 years after the

audit's release, the Auditor General shall commence a

follow-up performance audit to determine whether the

Department has implemented the recommendations contained in

the initial performance audit. Upon completion of each audit,

the Auditor General shall report its findings to the General

Assembly. The Auditor General's reports shall include any

issues or deficiencies and recommendations. The audits

required by this Section shall be in accordance with and

subject to the Illinois State Auditing Act.

(Source: P.A. 101-237, eff. 1-1-20.)

(325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)

Sec. 7.4. (a) The Department shall be capable of receiving

reports of suspected child abuse or neglect 24 hours a day, 7

days a week. Whenever the Department receives a report

alleging that a child is a truant as defined in Section 26-2a

of the School Code, as now or hereafter amended, the

Department shall notify the superintendent of the school

district in which the child resides and the appropriate

superintendent of the educational service region. The

notification to the appropriate officials by the Department

shall not be considered an allegation of abuse or neglect

under this Act.

(a-5) The Department of Children and Family Services may

implement a "differential response program" in accordance with

criteria, standards, and procedures prescribed by rule. The

program may provide that, upon receiving a report, the

Department shall determine whether to conduct a family

assessment or an investigation as appropriate to prevent or

provide a remedy for child abuse or neglect.

For purposes of this subsection (a-5), "family assessment"

means a comprehensive assessment of child safety, risk of

subsequent child maltreatment, and family strengths and needs

that is applied to a child maltreatment report that does not

allege substantial child endangerment. "Family assessment"

does not include a determination as to whether child

maltreatment occurred but does determine the need for services

to address the safety of family members and the risk of

subsequent maltreatment.

For purposes of this subsection (a-5), "investigation"

means fact-gathering related to the current safety of a child

and the risk of subsequent abuse or neglect that determines

whether a report of suspected child abuse or neglect should be

indicated or unfounded and whether child protective services

are needed.

Under the "differential response program" implemented

under this subsection (a-5), the Department:

(1) Shall conduct an investigation on reports

involving substantial child abuse or neglect.

(2) Shall begin an immediate investigation if, at any

time when it is using a family assessment response, it

determines that there is reason to believe that

substantial child abuse or neglect or a serious threat to

the child's safety exists.

(3) May conduct a family assessment for reports that

do not allege substantial child endangerment. In

determining that a family assessment is appropriate, the

Department may consider issues, including, but not limited

to, child safety, parental cooperation, and the need for

an immediate response.

(4) Shall promulgate criteria, standards, and

procedures that shall be applied in making this

determination, taking into consideration the Safety-Based

Child Welfare Intervention System Child Endangerment Risk

Assessment Protocol of the Department.

(5) May conduct a family assessment on a report that

was initially screened and assigned for an investigation.

In determining that a complete investigation is not

required, the Department must document the reason for

terminating the investigation and notify the local law

enforcement agency or the Illinois State Police if the local

law enforcement agency or Illinois State Police is conducting

a joint investigation.

Once it is determined that a "family assessment" will be

implemented, the case shall not be reported to the central

register of abuse and neglect reports.

During a family assessment, the Department shall collect

any available and relevant information to determine child

safety, risk of subsequent abuse or neglect, and family

strengths.

Information collected includes, but is not limited to,

when relevant: information with regard to the person reporting

the alleged abuse or neglect, including the nature of the

reporter's relationship to the child and to the alleged

offender, and the basis of the reporter's knowledge for the

report; the child allegedly being abused or neglected; the

alleged offender; the child's caretaker; and other collateral

sources having relevant information related to the alleged

abuse or neglect. Information relevant to the assessment must

be asked for, and may include:

(A) The child's sex and age, prior reports of abuse or

neglect, information relating to developmental

functioning, credibility of the child's statement, and

whether the information provided under this paragraph (A)

is consistent with other information collected during the

course of the assessment or investigation.

(B) The alleged offender's age, a record check for

prior reports of abuse or neglect, and criminal charges

and convictions. The alleged offender may submit

supporting documentation relevant to the assessment.

(C) Collateral source information regarding the

alleged abuse or neglect and care of the child. Collateral

information includes, when relevant: (i) a medical

examination of the child; (ii) prior medical records

relating to the alleged maltreatment or care of the child

maintained by any facility, clinic, or health care

professional, and an interview with the treating

professionals; and (iii) interviews with the child's

caretakers, including the child's parent, guardian, foster

parent, child care provider, teachers, counselors, family

members, relatives, and other persons who may have

knowledge regarding the alleged maltreatment and the care

of the child.

(D) Information on the existence of domestic abuse and

violence in the home of the child, and substance abuse.

Nothing in this subsection (a-5) precludes the Department

from collecting other relevant information necessary to

conduct the assessment or investigation. Nothing in this

subsection (a-5) shall be construed to allow the name or

identity of a reporter to be disclosed in violation of the

protections afforded under Section 7.19 of this Act.

After conducting the family assessment, the Department

shall determine whether services are needed to address the

safety of the child and other family members and the risk of

subsequent abuse or neglect.

Upon completion of the family assessment, if the

Department concludes that no services shall be offered, then

the case shall be closed. If the Department concludes that

services shall be offered, the Department shall develop a

family preservation plan and offer or refer services to the

family.

At any time during a family assessment, if the Department

believes there is any reason to stop the assessment and

conduct an investigation based on the information discovered,

the Department shall do so.

The procedures available to the Department in conducting

investigations under this Act shall be followed as appropriate

during a family assessment.

If the Department implements a differential response

program authorized under this subsection (a-5), the Department

shall arrange for an independent evaluation of the program for

at least the first 3 years of implementation to determine

whether it is meeting the goals in accordance with Section 2 of

this Act.

The Department may adopt administrative rules necessary

for the execution of this Section, in accordance with Section

4 of the Children and Family Services Act.

The Department shall submit a report to the General

Assembly by January 15, 2018 on the implementation progress

and recommendations for additional needed legislative changes.

(b)(1) The following procedures shall be followed in the

investigation of all reports of suspected abuse or neglect of

a child, except as provided in subsection (c) of this Section.

(2) If, during a family assessment authorized by

subsection (a-5) or an investigation, it appears that the

immediate safety or well-being of a child is endangered, that

the family may flee or the child disappear, or that the facts

otherwise so warrant, the Child Protective Service Unit shall

commence an investigation immediately, regardless of the time

of day or night. All other investigations shall be commenced

within 24 hours of receipt of the report. Upon receipt of a

report, the Child Protective Service Unit shall conduct a

family assessment authorized by subsection (a-5) or begin an

initial investigation and make an initial determination

whether the report is a good faith indication of alleged child

abuse or neglect.

(3) Based on an initial investigation, if the Unit

determines the report is a good faith indication of alleged

child abuse or neglect, then a formal investigation shall

commence and, pursuant to Section 7.12 of this Act, may or may

not result in an indicated report. The formal investigation

shall include: direct contact with the subject or subjects of

the report as soon as possible after the report is received; an

evaluation of the environment of the child named in the report

and any other children in the same environment; a

determination of the risk to such children if they continue to

remain in the existing environments, as well as a

determination of the nature, extent and cause of any condition

enumerated in such report; the name, age and condition of

other children in the environment; and an evaluation as to

whether there would be an immediate and urgent necessity to

remove the child from the environment if appropriate family

preservation services were provided. After seeing to the

safety of the child or children, the Department shall

forthwith notify the subjects of the report in writing, of the

existence of the report and their rights existing under this

Act in regard to amendment or expungement. To fulfill the

requirements of this Section, the Child Protective Service

Unit shall have the capability of providing or arranging for

comprehensive emergency services to children and families at

all times of the day or night.

(4) If (i) at the conclusion of the Unit's initial

investigation of a report, the Unit determines the report to

be a good faith indication of alleged child abuse or neglect

that warrants a formal investigation by the Unit, the

Department, any law enforcement agency or any other

responsible agency and (ii) the person who is alleged to have

caused the abuse or neglect is employed or otherwise engaged

in an activity resulting in frequent contact with children and

the alleged abuse or neglect are in the course of such

employment or activity, then the Department shall, except in

investigations where the Director determines that such

notification would be detrimental to the Department's

investigation, inform the appropriate supervisor or

administrator of that employment or activity that the Unit has

commenced a formal investigation pursuant to this Act, which

may or may not result in an indicated report. The Department

shall also notify the person being investigated, unless the

Director determines that such notification would be

detrimental to the Department's investigation.

(c) In an investigation of a report of suspected abuse or

neglect of a child by a school employee at a school or on

school grounds, the Department shall make reasonable efforts

to follow the following procedures:

(1) Investigations involving teachers shall not, to

the extent possible, be conducted when the teacher is

scheduled to conduct classes. Investigations involving

other school employees shall be conducted so as to

minimize disruption of the school day. The school employee

accused of child abuse or neglect may have his superior,

his association or union representative and his attorney

present at any interview or meeting at which the teacher

or administrator is present. The accused school employee

shall be informed by a representative of the Department,

at any interview or meeting, of the accused school

employee's due process rights and of the steps in the

investigation process. These due process rights shall also

include the right of the school employee to present

countervailing evidence regarding the accusations. In an

investigation in which the alleged perpetrator of abuse or

neglect is a school employee, including, but not limited

to, a school teacher or administrator, and the

recommendation is to determine the report to be indicated,

in addition to other procedures as set forth and defined

in Department rules and procedures, the employee's due

process rights shall also include: (i) the right to a copy

of the investigation summary; (ii) the right to review the

specific allegations which gave rise to the investigation;

and (iii) the right to an administrator's teleconference

which shall be convened to provide the school employee

with the opportunity to present documentary evidence or

other information that supports his or her position and to

provide information before a final finding is entered.

(2) If a report of neglect or abuse of a child by a

teacher or administrator does not involve allegations of

sexual abuse or extreme physical abuse, the Child

Protective Service Unit shall make reasonable efforts to

conduct the initial investigation in coordination with the

employee's supervisor.

If the Unit determines that the report is a good faith

indication of potential child abuse or neglect, it shall

then commence a formal investigation under paragraph (3)

of subsection (b) of this Section.

(3) If a report of neglect or abuse of a child by a

teacher or administrator involves an allegation of sexual

abuse or extreme physical abuse, the Child Protective Unit

shall commence an investigation under paragraph (2) of

subsection (b) of this Section.

(c-5) In any instance in which a report is made or caused

to made by a school district employee involving the conduct of

a person employed by the school district, at the time the

report was made, as required under Section 4 of this Act, the

Child Protective Service Unit shall send a copy of its final

finding report to the general superintendent of that school

district.

(c-10) The Department may recommend that a school district

remove a school employee who is the subject of an

investigation from his or her employment position pending the

outcome of the investigation; however, all employment

decisions regarding school personnel shall be the sole

responsibility of the school district or employer. The

Department may not require a school district to remove a

school employee from his or her employment position or limit

the school employee's duties pending the outcome of an

investigation.

(d) If the Department has contact with an employer, or

with a religious institution or religious official having

supervisory or hierarchical authority over a member of the

clergy accused of the abuse of a child, in the course of its

investigation, the Department shall notify the employer or the

religious institution or religious official, in writing, when

a report is unfounded so that any record of the investigation

can be expunged from the employee's or member of the clergy's

personnel or other records. The Department shall also notify

the employee or the member of the clergy, in writing, that

notification has been sent to the employer or to the

appropriate religious institution or religious official

informing the employer or religious institution or religious

official that the Department's investigation has resulted in

an unfounded report.

(d-1) Whenever a report alleges that a child was abused or

neglected while receiving care in a hospital, including a

freestanding psychiatric hospital licensed by the Department

of Public Health, the Department shall send a copy of its final

finding to the Director of Public Health and the Director of

Healthcare and Family Services.

(e) Upon request by the Department, the Illinois State

Police and law enforcement agencies are authorized to provide

criminal history record information as defined in the Illinois

Uniform Conviction Information Act and information maintained

in the adjudicatory and dispositional record system as defined

in Section 2605-355 of the Illinois State Police Law to

properly designated employees of the Department of Children

and Family Services 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 request

shall be in the form and manner required by the Illinois State

Police. Any information obtained by the Department of Children

and Family Services under this Section is confidential and may

not be transmitted outside the Department of Children and

Family Services other than to a court of competent

jurisdiction or unless otherwise authorized by law. Any

employee of the Department of Children and Family Services who

transmits confidential information in violation of this

Section or causes the information to be transmitted in

violation of this Section is guilty of a Class A misdemeanor

unless the transmittal of the information is authorized by

this Section or otherwise authorized by law.

(f) 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. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)