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1 AN ACT concerning children.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly: 

4 Section 5. The Abused and Neglected Child Reporting Act is 
5amended by changing Section 7.4 as follows:

6 (325 ILCS 5/7.4)
7 Sec. 7.4. (a) The Department shall be capable of receiving 
8reports of suspected child abuse or neglect 24 hours a day, 7 
9days a week. Whenever the Department receives a report 
10alleging that a child is a truant as defined in Section 26-2a 
11of the School Code, as now or hereafter amended, the 
12Department shall notify the superintendent of the school 
13district in which the child resides and the appropriate 
14superintendent of the educational service region. The 
15notification to the appropriate officials by the Department 
16shall not be considered an allegation of abuse or neglect 
17under this Act.
18 (a-5) The Department of Children and Family Services may 
19implement a "differential response program" in accordance with 
20criteria, standards, and procedures prescribed by rule. The 
21program may provide that, upon receiving a report, the 
22Department shall determine whether to conduct a family 
23assessment or an investigation as appropriate to prevent or 
 
 
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1provide a remedy for child abuse or neglect.
2 For purposes of this subsection (a-5), "family assessment" 
3means a comprehensive assessment of child safety, risk of 
4subsequent child maltreatment, and family strengths and needs 
5that is applied to a child maltreatment report that does not 
6allege substantial child endangerment. "Family assessment" 
7does not include a determination as to whether child 
8maltreatment occurred but does determine the need for services 
9to address the safety of family members and the risk of 
10subsequent maltreatment.
11 For purposes of this subsection (a-5), "investigation" 
12means fact-gathering related to the current safety of a child 
13and the risk of subsequent abuse or neglect that determines 
14whether a report of suspected child abuse or neglect should be 
15indicated or unfounded and whether child protective services 
16are needed.
17 Under the "differential response program" implemented 
18under this subsection (a-5), the Department:
19  (1) Shall conduct an investigation on reports 
20 involving substantial child abuse or neglect.
21  (2) Shall begin an immediate investigation if, at any 
22 time when it is using a family assessment response, it 
23 determines that there is reason to believe that 
24 substantial child abuse or neglect or a serious threat to 
25 the child's safety exists.
26  (3) May conduct a family assessment for reports that 
 
 
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1 do not allege substantial child endangerment. In 
2 determining that a family assessment is appropriate, the 
3 Department may consider issues, including, but not limited 
4 to, child safety, parental cooperation, and the need for 
5 an immediate response.
6  (4) Shall promulgate criteria, standards, and 
7 procedures that shall be applied in making this 
8 determination, taking into consideration the Safety-Based 
9 Child Welfare Intervention System of the Department.
10  (5) May conduct a family assessment on a report that 
11 was initially screened and assigned for an investigation.
12 In determining that a complete investigation is not 
13required, the Department must document the reason for 
14terminating the investigation and notify the local law 
15enforcement agency or the Illinois State Police if the local 
16law enforcement agency or Illinois State Police is conducting 
17a joint investigation.
18 Once it is determined that a "family assessment" will be 
19implemented, the case shall not be reported to the central 
20register of abuse and neglect reports.
21 During a family assessment, the Department shall collect 
22any available and relevant information to determine child 
23safety, risk of subsequent abuse or neglect, and family 
24strengths.
25 Information collected includes, but is not limited to, 
26when relevant: information with regard to the person reporting 
 
 
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1the alleged abuse or neglect, including the nature of the 
2reporter's relationship to the child and to the alleged 
3offender, and the basis of the reporter's knowledge for the 
4report; the child allegedly being abused or neglected; the 
5alleged offender; the child's caretaker; and other collateral 
6sources having relevant information related to the alleged 
7abuse or neglect. Information relevant to the assessment must 
8be asked for, and may include:
9  (A) The child's sex and age, prior reports of abuse or 
10 neglect, information relating to developmental 
11 functioning, credibility of the child's statement, and 
12 whether the information provided under this paragraph (A) 
13 is consistent with other information collected during the 
14 course of the assessment or investigation.
15  (B) The alleged offender's age, a record check for 
16 prior reports of abuse or neglect, and criminal charges 
17 and convictions. The alleged offender may submit 
18 supporting documentation relevant to the assessment.
19  (C) Collateral source information regarding the 
20 alleged abuse or neglect and care of the child. Collateral 
21 information includes, when relevant: (i) a medical 
22 examination of the child; (ii) prior medical records 
23 relating to the alleged maltreatment or care of the child 
24 maintained by any facility, clinic, or health care 
25 professional, and an interview with the treating 
26 professionals; and (iii) interviews with the child's 
 
 
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1 caretakers, including the child's parent, guardian, foster 
2 parent, child care provider, teachers, counselors, family 
3 members, relatives, and other persons who may have 
4 knowledge regarding the alleged maltreatment and the care 
5 of the child.
6  (D) Information on the existence of domestic abuse and 
7 violence in the home of the child, and substance abuse.
8 Nothing in this subsection (a-5) precludes the Department 
9from collecting other relevant information necessary to 
10conduct the assessment or investigation. Nothing in this 
11subsection (a-5) shall be construed to allow the name or 
12identity of a reporter to be disclosed in violation of the 
13protections afforded under Section 7.19 of this Act.
14 After conducting the family assessment, the Department 
15shall determine whether services are needed to address the 
16safety of the child and other family members and the risk of 
17subsequent abuse or neglect.
18 Upon completion of the family assessment, if the 
19Department concludes that no services shall be offered, then 
20the case shall be closed. If the Department concludes that 
21services shall be offered, the Department shall develop a 
22family preservation plan and offer or refer services to the 
23family.
24 At any time during a family assessment, if the Department 
25believes there is any reason to stop the assessment and 
26conduct an investigation based on the information discovered, 
 
 
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1the Department shall do so.
2 The procedures available to the Department in conducting 
3investigations under this Act shall be followed as appropriate 
4during a family assessment.
5 If the Department implements a differential response 
6program authorized under this subsection (a-5), the Department 
7shall arrange for an independent evaluation of the program for 
8at least the first 3 years of implementation to determine 
9whether it is meeting the goals in accordance with Section 2 of 
10this Act. 
11 The Department may adopt administrative rules necessary 
12for the execution of this Section, in accordance with Section 
134 of the Children and Family Services Act.
14 The Department shall submit a report to the General 
15Assembly by January 15, 2018 on the implementation progress 
16and recommendations for additional needed legislative changes.  
17 (b)(1) The following procedures shall be followed in the 
18investigation of all reports of suspected abuse or neglect of 
19a child, except as provided in subsection (c) of this Section. 
20 (2) If, during a family assessment authorized by 
21subsection (a-5) or an investigation, it appears that the 
22immediate safety or well-being of a child is endangered, that 
23the family may flee or the child disappear, or that the facts 
24otherwise so warrant, the Child Protective Service Unit shall 
25commence an investigation immediately, regardless of the time 
26of day or night. All other investigations shall be commenced 
 
 
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1within 24 hours of receipt of the report. Upon receipt of a 
2report, the Child Protective Service Unit shall conduct a 
3family assessment authorized by subsection (a-5) or begin an 
4initial investigation and make an initial determination 
5whether the report is a good faith indication of alleged child 
6abuse or neglect. 
7 (3) Based on an initial investigation, if the Unit 
8determines the report is a good faith indication of alleged 
9child abuse or neglect, then a formal investigation shall 
10commence and, pursuant to Section 7.12 of this Act, may or may 
11not result in an indicated report. The formal investigation 
12shall include: direct contact with the subject or subjects of 
13the report as soon as possible after the report is received; an 
14evaluation of the environment of the child named in the report 
15and any other children in the same environment; a 
16determination of the risk to such children if they continue to 
17remain in the existing environments, as well as a 
18determination of the nature, extent and cause of any condition 
19enumerated in such report; the name, age and condition of 
20other children in the environment; and an evaluation as to 
21whether there would be an immediate and urgent necessity to 
22remove the child from the environment if appropriate family 
23preservation services were provided. After seeing to the 
24safety of the child or children, the Department shall 
25forthwith notify the subjects of the report in writing, of the 
26existence of the report and their rights existing under this 
 
 
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1Act in regard to amendment or expungement. To fulfill the 
2requirements of this Section, the Child Protective Service 
3Unit shall have the capability of providing or arranging for 
4comprehensive emergency services to children and families at 
5all times of the day or night. 
6 (4) If (i) at the conclusion of the Unit's initial 
7investigation of a report, the Unit determines the report to 
8be a good faith indication of alleged child abuse or neglect 
9that warrants a formal investigation by the Unit, the 
10Department, any law enforcement agency or any other 
11responsible agency and (ii) the person who is alleged to have 
12caused the abuse or neglect is employed or otherwise engaged 
13in an activity resulting in frequent contact with children and 
14the alleged abuse or neglect are in the course of such 
15employment or activity, then the Department shall, except in 
16investigations where the Director determines that such 
17notification would be detrimental to the Department's 
18investigation, inform the appropriate supervisor or 
19administrator of that employment or activity that the Unit has 
20commenced a formal investigation pursuant to this Act, which 
21may or may not result in an indicated report. The Department 
22shall also notify the person being investigated, unless the 
23Director determines that such notification would be 
24detrimental to the Department's investigation.
25 (c) In an investigation of a report of suspected abuse or 
26neglect of a child by a school employee at a school or on 
 
 
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1school grounds, the Department shall make reasonable efforts 
2to follow the following procedures:
3  (1) Investigations involving teachers shall not, to 
4 the extent possible, be conducted when the teacher is 
5 scheduled to conduct classes. Investigations involving 
6 other school employees shall be conducted so as to 
7 minimize disruption of the school day. The school employee 
8 accused of child abuse or neglect may have the school 
9 employee's superior, the school employee's association or 
10 union representative, and the school employee's attorney 
11 present at any interview or meeting at which the teacher 
12 or administrator is present. The accused school employee 
13 shall be informed by a representative of the Department, 
14 at any interview or meeting, of the accused school 
15 employee's due process rights and of the steps in the 
16 investigation process. These due process rights shall also 
17 include the right of the school employee to present 
18 countervailing evidence regarding the accusations. In an 
19 investigation in which the alleged perpetrator of abuse or 
20 neglect is a school employee, including, but not limited 
21 to, a school teacher or administrator, and the 
22 recommendation is to determine the report to be indicated, 
23 in addition to other procedures as set forth and defined 
24 in Department rules and procedures, the employee's due 
25 process rights shall also include: (i) the right to a copy 
26 of the investigation summary; (ii) the right to review the 
 
 
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1 specific allegations which gave rise to the investigation; 
2 and (iii) the right to an administrator's teleconference 
3 which shall be convened to provide the school employee 
4 with the opportunity to present documentary evidence or 
5 other information that supports the school employee's 
6 position and to provide information before a final finding 
7 is entered.
8  (2) If a report of neglect or abuse of a child by a 
9 teacher or administrator does not involve allegations of 
10 sexual abuse or extreme physical abuse, the Child 
11 Protective Service Unit shall make reasonable efforts to 
12 conduct the initial investigation in coordination with the 
13 employee's supervisor.
14  If the Unit determines that the report is a good faith 
15 indication of potential child abuse or neglect, it shall 
16 then commence a formal investigation under paragraph (3) 
17 of subsection (b) of this Section.
18  (3) If a report of neglect or abuse of a child by a 
19 teacher or administrator involves an allegation of sexual 
20 abuse or extreme physical abuse, the Child Protective Unit 
21 shall commence an investigation under paragraph (2) of 
22 subsection (b) of this Section.
23 (c-5) In any instance in which a report is made or caused 
24to made by a school district employee involving the conduct of 
25a person employed by the school district, at the time the 
26report was made, as required under Section 4 of this Act, the 
 
 
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1Child Protective Service Unit shall send a copy of its final 
2finding report to the general superintendent of that school 
3district. 
4 (c-10) The Department may recommend that a school district 
5remove a school employee who is the subject of an 
6investigation from the school employee's employment position 
7pending the outcome of the investigation; however, all 
8employment decisions regarding school personnel shall be the 
9sole responsibility of the school district or employer. The 
10Department may not require a school district to remove a 
11school employee from the school employee's employment position 
12or limit the school employee's duties pending the outcome of 
13an investigation. 
14 (d) If the Department has contact with an employer, or 
15with a religious institution or religious official having 
16supervisory or hierarchical authority over a member of the 
17clergy accused of the abuse of a child, in the course of its 
18investigation, the Department shall notify the employer or the 
19religious institution or religious official, in writing, when 
20a report is unfounded so that any record of the investigation 
21can be expunged from the employee's or member of the clergy's 
22personnel or other records. The Department shall also notify 
23the employee or the member of the clergy, in writing, that 
24notification has been sent to the employer or to the 
25appropriate religious institution or religious official 
26informing the employer or religious institution or religious 
 
 
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1official that the Department's investigation has resulted in 
2an unfounded report.
3 (d-1) Whenever a report alleges that a child was abused or 
4neglected while receiving care in a hospital, including a 
5freestanding psychiatric hospital licensed by the Department 
6of Public Health, the Department shall send a copy of its final 
7finding to the Director of Public Health and the Director of 
8Healthcare and Family Services. 
9 (d-1.5) For the purposes of this Section, "medical 
10professional" means any physician, nurse practitioner, 
11physician assistant, nurse, resident, or subspecialist who is 
12not part of the child's initial care team and whose 
13involvement is pursuant to any contract, memorandum of 
14understanding, or other agreement with the Department or an 
15entity that is accredited by statute to collaborate with the 
16Department for purposes of child abuse investigations. 
17 (d-2) In any investigation involving a medical 
18professional conducted in accordance with this Act, the 
19following protections shall be provided to the parent or 
20guardian of the child at the center of an investigation:
21  (1) The medical professional must explain to the 
22 parent or guardian of the child, whenever the medical 
23 professional has direct contact with the child or the 
24 family of the child, that the medical professional is 
25 involved for the purpose of providing an opinion to the 
26 Department regarding whether the child's injury or 
 
 
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1 condition is suspicious for child maltreatment. The 
2 medical professional must explain that he or she may be 
3 required to communicate with law enforcement and provide 
4 court testimony. The medical professional must also 
5 provide the child's parent or guardian with accurate 
6 information about his or her medical specialties.
7  (2) In any investigation where a medical professional 
8 is providing a medical opinion to the Department, the 
9 Department shall inform the parent or guardian of the 
10 child at the center of an investigation:
11   (A) of his or her right to request and receive a 
12 copy of the medical professional's opinion, including 
13 the basis for the opinion, and a copy of any written 
14 report the medical professional has provided to the 
15 Department;
16   (B) of his or her right to obtain, at his or her 
17 own expense, and submit to the Department a second 
18 medical opinion for consideration in the investigation 
19 at any time prior to the conclusion of the 
20 investigation;
21   (C) that any second medical opinion submitted to 
22 the Department prior to the Department rendering a 
23 final determination in the investigation will be 
24 considered as inculpatory or exculpatory evidence; and
25   (D) of the Department's time frames for the 
26 investigative process. 
 
 
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1 (d-3) The Department shall annually prepare and make 
2available on the Department's Reports and Statistics webpage a 
3report on the number of investigations in which a medical 
4professional has provided an opinion to the Department. The 
5report shall not contain any personally identifiable 
6information about a child referred, the family members of such 
7a child, or the medical professional. If the number of cases in 
8any category of information under items (4) through (9) of 
9this subsection is less than 10, the Department shall not 
10include that information in the report. The first report must 
11be posted within 9 months after the effective date of this 
12amendatory Act of the 103rd General Assembly. The first report 
13and each annual report thereafter shall contain the following 
14information regarding cases referred by the Department to a 
15medical professional:
16  (1) The total number of abuse or neglect cases in 
17 which a medical professional has provided an opinion to 
18 the Department, with separate line items for:
19   (A) the total number of abuse and neglect cases 
20 that the Department determined were indicated but were 
21 appealed and the outcomes of those appeals, organized 
22 as follows:
23    (i) first, by the total number of indicated 
24 cases appealed via administrative appeal hearing 
25 before an administrative law judge and the 
26 outcomes of those hearings; and
 
 
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1    (ii) second, by the total number of cases in 
2 which an administrative law judge's affirmance of 
3 the indicated findings was appealed to a court and 
4 the outcomes of the court's findings; and
5   (B) the total number of abuse and neglect cases 
6 that were indicated by the Department but indicated as 
7 to an unknown perpetrator.
8  (2) The total number of abuse or neglect cases 
9 referred by the Department to a medical professional that 
10 the Department determined were unfounded.
11  (3) The total number of abuse or neglect cases 
12 referred by the Department to a medical professional in 
13 which a petition for adjudication of wardship was filed.
14  (4) The total number of abuse and neglect cases 
15 referred by the Department to a medical professional under 
16 paragraphs (1), (2), and (3) organized by abuse 
17 allegation.
18  (5) The total number of abuse and neglect cases 
19 referred by the Department to a medical professional under 
20 paragraphs (1), (2), and (3) organized by DCFS region.
21  (6) The total number of abuse and neglect cases 
22 referred by the Department to a medical professional under 
23 paragraphs (1), (2), and (3) organized by race of the 
24 child.
25  (7) The total number of abuse and neglect cases 
26 referred by the Department to a medical professional under 
 
 
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1 paragraphs (1), (2), and (3) organized by gender of the 
2 child.
3  (8) The total number of abuse and neglect cases under 
4 paragraphs (1), (2), and (3) involving children with 
5 safety plans.
6  (9) The total number of abuse and neglect cases under 
7 paragraphs (1), (2), and (3) where the child was put in 
8 protective custody. 
9 (e) Upon request by the Department, the Illinois State 
10Police and law enforcement agencies are authorized to provide 
11criminal history record information as defined in the Illinois 
12Uniform Conviction Information Act and information maintained 
13in the adjudicatory and dispositional record system as defined 
14in Section 2605-355 of the Illinois State Police Law to 
15properly designated employees of the Department of Children 
16and Family Services if the Department determines the 
17information is necessary to perform its duties under the 
18Abused and Neglected Child Reporting Act, the Child Care Act 
19of 1969, and the Children and Family Services Act. The request 
20shall be in the form and manner required by the Illinois State 
21Police. Any information obtained by the Department of Children 
22and Family Services under this Section is confidential and may 
23not be transmitted outside the Department of Children and 
24Family Services other than to a court of competent 
25jurisdiction or unless otherwise authorized by law. Any 
26employee of the Department of Children and Family Services who 
 
 
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