Bill Text: IL HB3288 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Abused and Neglected Child Reporting Act. Removes a list of specified persons who are required to immediately report suspected cases of child abuse or neglect to the Department of Children and Family Services and instead provides that any person, agency, organization, or entity that knows or in good faith suspects a child may be an abused child or a neglected child shall immediately report or cause a report to be made to the Department. Removes a requirement that a person who enters into employment on and after July 1, 1986 and is mandated by virtue of that employment to report under the Act to sign a statement on a form prescribed by the Department that the employee has knowledge and understanding of the reporting requirements of the Act. Removes a provision requiring the Department to provide such employees with copies of the Act upon request. Removes a provision requiring any other person who has reasonable cause to believe that a child has died as a result of abuse or neglect to report his or her suspicion to the appropriate medical examiner or coroner. Makes other changes.

Spectrum: Slight Partisan Bill (Democrat 39-20)

Status: (Introduced) 2017-06-29 - Added Co-Sponsor Rep. John Connor [HB3288 Detail]

Download: Illinois-2017-HB3288-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3288

Introduced , by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:
325 ILCS 5/4
325 ILCS 5/4.1 from Ch. 23, par. 2054.1
325 ILCS 5/4.4a
325 ILCS 5/7.6 from Ch. 23, par. 2057.6

Amends the Abused and Neglected Child Reporting Act. Removes a list of specified persons who are required to immediately report suspected cases of child abuse or neglect to the Department of Children and Family Services and instead provides that any person, agency, organization, or entity that knows or in good faith suspects a child may be an abused child or a neglected child shall immediately report or cause a report to be made to the Department. Removes a requirement that a person who enters into employment on and after July 1, 1986 and is mandated by virtue of that employment to report under the Act to sign a statement on a form prescribed by the Department that the employee has knowledge and understanding of the reporting requirements of the Act. Removes a provision requiring the Department to provide such employees with copies of the Act upon request. Removes a provision requiring any other person who has reasonable cause to believe that a child has died as a result of abuse or neglect to report his or her suspicion to the appropriate medical examiner or coroner. Makes other changes.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB3288LRB100 11371 KTG 21761 b
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 Sections 4, 4.1, 4.4a, and 7.6 as follows:
6 (325 ILCS 5/4)
7 Sec. 4. Persons required to report; privileged
8communications; transmitting false report. Any person, agency,
9organization, or entity that knows or in good faith suspects a
10child Any physician, resident, intern, hospital, hospital
11administrator and personnel engaged in examination, care and
12treatment of persons, surgeon, dentist, dentist hygienist,
13osteopath, chiropractor, podiatric physician, physician
14assistant, substance abuse treatment personnel, funeral home
15director or employee, coroner, medical examiner, emergency
16medical technician, acupuncturist, crisis line or hotline
17personnel, school personnel (including administrators and both
18certified and non-certified school employees), personnel of
19institutions of higher education, educational advocate
20assigned to a child pursuant to the School Code, member of a
21school board or the Chicago Board of Education or the governing
22body of a private school (but only to the extent required in
23accordance with other provisions of this Section expressly

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1concerning the duty of school board members to report suspected
2child abuse), truant officers, social worker, social services
3administrator, domestic violence program personnel, registered
4nurse, licensed practical nurse, genetic counselor,
5respiratory care practitioner, advanced practice nurse, home
6health aide, director or staff assistant of a nursery school or
7a child day care center, recreational or athletic program or
8facility personnel, early intervention provider as defined in
9the Early Intervention Services System Act, law enforcement
10officer, licensed professional counselor, licensed clinical
11professional counselor, registered psychologist and assistants
12working under the direct supervision of a psychologist,
13psychiatrist, or field personnel of the Department of
14Healthcare and Family Services, Juvenile Justice, Public
15Health, Human Services (acting as successor to the Department
16of Mental Health and Developmental Disabilities,
17Rehabilitation Services, or Public Aid), Corrections, Human
18Rights, or Children and Family Services, supervisor and
19administrator of general assistance under the Illinois Public
20Aid Code, probation officer, animal control officer or Illinois
21Department of Agriculture Bureau of Animal Health and Welfare
22field investigator, or any other foster parent, homemaker or
23child care worker having reasonable cause to believe a child
24known to them in their professional or official capacity may be
25an abused child or a neglected child shall immediately report
26or cause a report to be made to the Department.

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1 Any member of the clergy having reasonable cause to believe
2that a child known to that member of the clergy in his or her
3professional capacity may be an abused child as defined in item
4(c) of the definition of "abused child" in Section 3 of this
5Act shall immediately report or cause a report to be made to
6the Department.
7 Any physician, physician's assistant, registered nurse,
8licensed practical nurse, medical technician, certified
9nursing assistant, social worker, or licensed professional
10counselor of any office, clinic, or any other physical location
11that provides abortions, abortion referrals, or contraceptives
12having reasonable cause to believe a child known to him or her
13in his or her professional or official capacity may be an
14abused child or a neglected child shall immediately report or
15cause a report to be made to the Department.
16 If an allegation is raised to a school board member during
17the course of an open or closed school board meeting that a
18child who is enrolled in the school district of which he or she
19is a board member is an abused child as defined in Section 3 of
20this Act, the member shall direct or cause the school board to
21direct the superintendent of the school district or other
22equivalent school administrator to comply with the
23requirements of this Act concerning the reporting of child
24abuse. For purposes of this paragraph, a school board member is
25granted the authority in his or her individual capacity to
26direct the superintendent of the school district or other

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1equivalent school administrator to comply with the
2requirements of this Act concerning the reporting of child
3abuse.
4 Notwithstanding any other provision of this Act, if an
5employee of a school district has made a report or caused a
6report to be made to the Department under this Act involving
7the conduct of a current or former employee of the school
8district and a request is made by another school district for
9the provision of information concerning the job performance or
10qualifications of the current or former employee because he or
11she is an applicant for employment with the requesting school
12district, the general superintendent of the school district to
13which the request is being made must disclose to the requesting
14school district the fact that an employee of the school
15district has made a report involving the conduct of the
16applicant or caused a report to be made to the Department, as
17required under this Act. Only the fact that an employee of the
18school district has made a report involving the conduct of the
19applicant or caused a report to be made to the Department may
20be disclosed by the general superintendent of the school
21district to which the request for information concerning the
22applicant is made, and this fact may be disclosed only in cases
23where the employee and the general superintendent have not been
24informed by the Department that the allegations were unfounded.
25An employee of a school district who is or has been the subject
26of a report made pursuant to this Act during his or her

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1employment with the school district must be informed by that
2school district that if he or she applies for employment with
3another school district, the general superintendent of the
4former school district, upon the request of the school district
5to which the employee applies, shall notify that requesting
6school district that the employee is or was the subject of such
7a report.
8 Whenever such person submits a is required to report under
9this Act in his capacity as a member of the staff of a medical
10or other public or private institution, school, facility or
11agency, or as a member of the clergy, he shall make report
12immediately to the Department in accordance with the provisions
13of this Act and may also notify the person in charge of such
14institution, school, facility or agency, or church, synagogue,
15temple, mosque, or other religious institution, or his
16designated agent that such report has been made. Under no
17circumstances shall any person in charge of such institution,
18school, facility or agency, or church, synagogue, temple,
19mosque, or other religious institution, or his designated agent
20to whom such notification has been made, exercise any control,
21restraint, modification or other change in the report or the
22forwarding of such report to the Department.
23 The privileged quality of communication between any
24professional person required to report and his patient or
25client shall not apply to situations involving abused or
26neglected children and shall not constitute grounds for failure

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1to report as required by this Act or constitute grounds for
2failure to share information or documents with the Department
3during the course of a child abuse or neglect investigation. If
4requested by the professional, the Department shall confirm in
5writing that the information or documents disclosed by the
6professional were gathered in the course of a child abuse or
7neglect investigation.
8 The reporting requirements of this Act shall not apply to
9the contents of a privileged communication between an attorney
10and his or her client or to confidential information within the
11meaning of Rule 1.6 of the Illinois Rules of Professional
12Conduct relating to the legal representation of an individual
13client.
14 A member of the clergy may claim the privilege under
15Section 8-803 of the Code of Civil Procedure.
16 Any office, clinic, or any other physical location that
17provides abortions, abortion referrals, or contraceptives
18shall provide to all employees office personnel copies of
19written information and training materials about abuse and
20neglect and the requirements of this Act that are provided to
21employees of the office, clinic, or physical location who are
22required to make reports to the Department under this Act, and
23instruct such office personnel to bring to the attention of an
24employee of the office, clinic, or physical location who is
25required to make reports to the Department under this Act any
26reasonable suspicion that a child known to him or her in his or

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1her professional or official capacity may be an abused child or
2a neglected child. In addition to the above persons required to
3report suspected cases of abused or neglected children, any
4other person may make a report if such person has reasonable
5cause to believe a child may be an abused child or a neglected
6child.
7 Any person who enters into employment on and after July 1,
81986 and is mandated by virtue of that employment to report
9under this Act, shall sign a statement on a form prescribed by
10the Department, to the effect that the employee has knowledge
11and understanding of the reporting requirements of this Act.
12The statement shall be signed prior to commencement of the
13employment. The signed statement shall be retained by the
14employer. The cost of printing, distribution, and filing of the
15statement shall be borne by the employer.
16 Within one year of initial employment and at least every 5
17years thereafter, school personnel required to report child
18abuse as provided under this Section must complete mandated
19reporter training by a provider or agency with expertise in
20recognizing and reporting child abuse.
21 The Department shall provide copies of this Act, upon
22request, to all employers employing persons who shall be
23required under the provisions of this Section to report under
24this Act.
25 Any person who knowingly transmits a false report to the
26Department commits the offense of disorderly conduct under

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1subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.
2A violation of this provision is a Class 4 felony.
3 Any person who knowingly and willfully violates any
4provision of this Section other than a second or subsequent
5violation of transmitting a false report as described in the
6preceding paragraph, is guilty of a Class A misdemeanor for a
7first violation and a Class 4 felony for a second or subsequent
8violation; except that if the person acted as part of a plan or
9scheme having as its object the prevention of discovery of an
10abused or neglected child by lawful authorities for the purpose
11of protecting or insulating any person or entity from arrest or
12prosecution, the person is guilty of a Class 4 felony for a
13first offense and a Class 3 felony for a second or subsequent
14offense (regardless of whether the second or subsequent offense
15involves any of the same facts or persons as the first or other
16prior offense).
17 A child whose parent, guardian or custodian in good faith
18selects and depends upon spiritual means through prayer alone
19for the treatment or cure of disease or remedial care may be
20considered neglected or abused, but not for the sole reason
21that his parent, guardian or custodian accepts and practices
22such beliefs.
23 A child shall not be considered neglected or abused solely
24because the child is not attending school in accordance with
25the requirements of Article 26 of the School Code, as amended.
26 Nothing in this Act prohibits a mandated reporter who

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1reasonably believes that an animal is being abused or neglected
2in violation of the Humane Care for Animals Act from reporting
3animal abuse or neglect to the Department of Agriculture's
4Bureau of Animal Health and Welfare.
5 A home rule unit may not regulate the reporting of child
6abuse or neglect in a manner inconsistent with the provisions
7of this Section. This Section is a limitation under subsection
8(i) of Section 6 of Article VII of the Illinois Constitution on
9the concurrent exercise by home rule units of powers and
10functions exercised by the State.
11 For purposes of this Section "child abuse or neglect"
12includes abuse or neglect of an adult resident as defined in
13this Act.
14(Source: P.A. 97-189, eff. 7-22-11; 97-254, eff. 1-1-12;
1597-387, eff. 8-15-11; 97-711, eff. 6-27-12; 97-813, eff.
167-13-12; 97-1150, eff. 1-25-13; 98-67, eff. 7-15-13; 98-214,
17eff. 8-9-13; 98-408, eff. 7-1-14; 98-756, eff. 7-16-14.)
18 (325 ILCS 5/4.1) (from Ch. 23, par. 2054.1)
19 Sec. 4.1. Any person required to report under this Act who
20has reasonable cause to suspect that a child has died as a
21result of abuse or neglect shall also immediately report his
22suspicion to the appropriate medical examiner or coroner. Any
23other person who has reasonable cause to believe that a child
24has died as a result of abuse or neglect may report his
25suspicion to the appropriate medical examiner or coroner. The

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1medical examiner or coroner shall investigate the report and
2communicate his apparent gross findings, orally, immediately
3upon completion of the gross autopsy, but in all cases within
472 hours and within 21 days in writing, to the local law
5enforcement agency, the appropriate State's attorney, the
6Department and, if the institution making the report is a
7hospital, the hospital. The child protective investigator
8assigned to the death investigation shall have the right to
9require a copy of the completed autopsy report from the coroner
10or medical examiner.
11(Source: P.A. 85-193.)
12 (325 ILCS 5/4.4a)
13 Sec. 4.4a. Department of Children and Family Services duty
14to report to Department of Human Services' Office of Inspector
15General. Whenever the Department receives, by means of its
16statewide toll-free telephone number established under Section
177.6 for the purpose of reporting suspected child abuse or
18neglect or by any other means or from any mandated reporter
19under Section 4 of this Act, a report of suspected abuse,
20neglect, or financial exploitation of an adult with a
21disability between the ages of 18 and 59 and who is not
22residing in a DCFS licensed facility, the Department shall
23instruct the reporter to contact the Department of Human
24Services' Office of the Inspector General and shall provide the
25reporter with the statewide, 24-hour toll-free telephone

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1number established and maintained by the Department of Human
2Services' Office of the Inspector General.
3(Source: P.A. 99-143, eff. 7-27-15.)
4 (325 ILCS 5/7.6) (from Ch. 23, par. 2057.6)
5 Sec. 7.6. There shall be a single State-wide, toll-free
6telephone number established and maintained by the Department
7which all persons, whether or not mandated by law, may use to
8report suspected child abuse or neglect at any hour of the day
9or night, on any day of the week. Immediately upon receipt of
10such reports, the Department shall transmit the contents of the
11report, either orally or electronically, to the appropriate
12Child Protective Service Unit. Any other person may use the
13State-wide number to obtain assistance or information
14concerning the handling of child abuse and neglect cases.
15 Wherever the Statewide number is posted, there shall also
16be posted the following notice:
17 "Any person who knowingly transmits a false report to the
18Department commits the offense of disorderly conduct under
19subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.
20A violation of this subsection is a Class 4 felony."
21(Source: P.A. 97-189, eff. 7-22-11; 97-1150, eff. 1-25-13.)
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