Bill Text: IL HB3394 | 2017-2018 | 100th General Assembly | Enrolled

Bill Title: Amends the Abused and Neglected Child Reporting Act. In provisions concerning abuse and neglect investigations involving a school employee, provides that if the Child Protective Service Unit has not conducted an investigation involving an allegation against a teacher or school employee within 3 weeks of the initial report to the Department of Children and Family Services, the school administrator, upon notification of the investigation by the Unit, may either place the teacher or employee on paid administrative leave or separate the teacher or employee from the alleged victim so that there shall be no contact between the 2 individuals during the course of the investigation. Provides that if the investigation is not completed within 3 weeks after notification to the school administrator, the administrator may, in his or her sole discretion, return the teacher or employee who is under investigation to his or her assigned position and assignments.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Enrolled) 2017-06-23 - Sent to the Governor [HB3394 Detail]

Download: Illinois-2017-HB3394-Enrolled.html

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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) (from Ch. 23, par. 2057.4)
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 alleging
10that a child is a truant as defined in Section 26-2a of The
11School Code, as now or hereafter amended, the Department shall
12notify the superintendent of the school district in which the
13child resides and the appropriate superintendent of the
14educational service region. The notification to the
15appropriate officials by the Department shall not be considered
16an allegation of abuse or neglect under this Act.
17 (a-5) Beginning January 1, 2010, the Department of Children
18and Family Services may implement a 5-year demonstration of a
19"differential response program" in accordance with criteria,
20standards, and procedures prescribed by rule. The program may
21provide that, upon receiving a report, the Department shall
22determine whether to conduct a family assessment or an
23investigation as appropriate to prevent or provide a remedy for

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1child 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 substantial
24 child abuse or neglect or a serious threat to the child's
25 safety exists.
26 (3) May conduct a family assessment for reports that do

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1 not allege substantial child endangerment. In determining
2 that a family assessment is appropriate, the Department may
3 consider issues including, but not limited to, child
4 safety, parental cooperation, and the need for an immediate
5 response.
6 (4) Shall promulgate criteria, standards, and
7 procedures that shall be applied in making this
8 determination, taking into consideration the Child
9 Endangerment Risk Assessment Protocol 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 Department of State Police if the
16local law enforcement agency or Department of State Police is
17conducting a 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
25 Information collected includes, but is not limited to, when
26relevant: information with regard to the person reporting the

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1alleged 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 and
17 convictions. The alleged offender may submit supporting
18 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 Department
19concludes that no services shall be offered, then the case
20shall be closed. If the Department concludes that services
21shall be offered, the Department shall develop a family
22preservation plan and offer or refer services to the family.
23 At any time during a family assessment, if the Department
24believes there is any reason to stop the assessment and conduct
25an investigation based on the information discovered, the
26Department shall do so.

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1 The procedures available to the Department in conducting
2investigations under this Act shall be followed as appropriate
3during a family assessment.
4 The Department shall arrange for an independent evaluation
5of the "differential response program" authorized and
6implemented under this subsection (a-5) to determine whether it
7is meeting the goals in accordance with Section 2 of this Act.
8The Department may adopt administrative rules necessary for the
9execution of this Section, in accordance with Section 4 of the
10Children and Family Services Act.
11 The demonstration conducted under this subsection (a-5)
12shall become a permanent program on July 1, 2016, upon
13completion of the demonstration project period.
14 (b)(1) The following procedures shall be followed in the
15investigation of all reports of suspected abuse or neglect of a
16child, except as provided in subsection (c) of this Section.
17 (2) If, during a family assessment authorized by subsection
18(a-5) or an investigation, it appears that the immediate safety
19or well-being of a child is endangered, that the family may
20flee or the child disappear, or that the facts otherwise so
21warrant, the Child Protective Service Unit shall commence an
22investigation immediately, regardless of the time of day or
23night. All other investigations shall be commenced within 24
24hours of receipt of the report. Upon receipt of a report, the
25Child Protective Service Unit shall conduct a family assessment
26authorized by subsection (a-5) or begin an initial

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1investigation and make an initial determination whether the
2report is a good faith indication of alleged child abuse or
4 (3) Based on an initial investigation, if the Unit
5determines the report is a good faith indication of alleged
6child abuse or neglect, then a formal investigation shall
7commence and, pursuant to Section 7.12 of this Act, may or may
8not result in an indicated report. The formal investigation
9shall include: direct contact with the subject or subjects of
10the report as soon as possible after the report is received; an
11evaluation of the environment of the child named in the report
12and any other children in the same environment; a determination
13of the risk to such children if they continue to remain in the
14existing environments, as well as a determination of the
15nature, extent and cause of any condition enumerated in such
16report; the name, age and condition of other children in the
17environment; and an evaluation as to whether there would be an
18immediate and urgent necessity to remove the child from the
19environment if appropriate family preservation services were
20provided. After seeing to the safety of the child or children,
21the Department shall forthwith notify the subjects of the
22report in writing, of the existence of the report and their
23rights existing under this Act in regard to amendment or
24expungement. To fulfill the requirements of this Section, the
25Child Protective Service Unit shall have the capability of
26providing or arranging for comprehensive emergency services to

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1children and families at all times of the day or night.
2 (4) If (i) at the conclusion of the Unit's initial
3investigation of a report, the Unit determines the report to be
4a good faith indication of alleged child abuse or neglect that
5warrants a formal investigation by the Unit, the Department,
6any law enforcement agency or any other responsible agency and
7(ii) the person who is alleged to have caused the abuse or
8neglect is employed or otherwise engaged in an activity
9resulting in frequent contact with children and the alleged
10abuse or neglect are in the course of such employment or
11activity, then the Department shall, except in investigations
12where the Director determines that such notification would be
13detrimental to the Department's investigation, inform the
14appropriate supervisor or administrator of that employment or
15activity that the Unit has commenced a formal investigation
16pursuant to this Act, which may or may not result in an
17indicated report. The Department shall also notify the person
18being investigated, unless the Director determines that such
19notification would be detrimental to the Department's
21 (c) In an investigation of a report of suspected abuse or
22neglect of a child by a school employee at a school or on
23school grounds, the Department shall make reasonable efforts to
24follow the following procedures:
25 (1) Investigations involving teachers shall not, to
26 the extent possible, be conducted when the teacher is

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1 scheduled to conduct classes. Investigations involving
2 other school employees shall be conducted so as to minimize
3 disruption of the school day. The school employee accused
4 of child abuse or neglect may have his superior, his
5 association or union representative and his attorney
6 present at any interview or meeting at which the teacher or
7 administrator is present. The accused school employee
8 shall be informed by a representative of the Department, at
9 any interview or meeting, of the accused school employee's
10 due process rights and of the steps in the investigation
11 process. The information shall include, but need not
12 necessarily be limited to the right, subject to the
13 approval of the Department, of the school employee to
14 confront the accuser, if the accuser is 14 years of age or
15 older, or the right to review the specific allegations
16 which gave rise to the investigation, and the right to
17 review all materials and evidence that have been submitted
18 to the Department in support of the allegation. These due
19 process rights shall also include the right of the school
20 employee to present countervailing evidence regarding the
21 accusations.
22 (2) If a report of neglect or abuse of a child by a
23 teacher or administrator does not involve allegations of
24 sexual abuse or extreme physical abuse, the Child
25 Protective Service Unit shall make reasonable efforts to
26 conduct the initial investigation in coordination with the

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1 employee's supervisor.
2 If the Unit determines that the report is a good faith
3 indication of potential child abuse or neglect, it shall
4 then commence a formal investigation under paragraph (3) of
5 subsection (b) of this Section.
6 (3) If a report of neglect or abuse of a child by a
7 teacher or administrator involves an allegation of sexual
8 abuse or extreme physical abuse, the Child Protective Unit
9 shall commence an investigation under paragraph (2) of
10 subsection (b) of this Section.
11 (c-5) In any instance in which a report is made or caused
12to made by a school district employee involving the conduct of
13a person employed by the school district, at the time the
14report was made, as required under Section 4 of this Act, the
15Child Protective Service Unit shall send a copy of its final
16finding report to the general superintendent of that school
18 (c-10) The Department may recommend that a school district
19remove a school employee who is the subject of an investigation
20from his or her employment position pending the outcome of the
21investigation; however, all employment decisions regarding
22school personnel shall be the sole responsibility of the school
23district or employer. The Department may not require a school
24district to remove a school employee from his or her employment
25position or limit the school employee's duties pending the
26outcome of an investigation.

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1 (d) If the Department has contact with an employer, or with
2a religious institution or religious official having
3supervisory or hierarchical authority over a member of the
4clergy accused of the abuse of a child, in the course of its
5investigation, the Department shall notify the employer or the
6religious institution or religious official, in writing, when a
7report is unfounded so that any record of the investigation can
8be expunged from the employee's or member of the clergy's
9personnel or other records. The Department shall also notify
10the employee or the member of the clergy, in writing, that
11notification has been sent to the employer or to the
12appropriate religious institution or religious official
13informing the employer or religious institution or religious
14official that the Department's investigation has resulted in an
15unfounded report.
16 (e) Upon request by the Department, the Department of State
17Police and law enforcement agencies are authorized to provide
18criminal history record information as defined in the Illinois
19Uniform Conviction Information Act and information maintained
20in the adjudicatory and dispositional record system as defined
21in Section 2605-355 of the Department of State Police Law (20
22ILCS 2605/2605-355) to properly designated employees of the
23Department of Children and Family Services if the Department
24determines the information is necessary to perform its duties
25under the Abused and Neglected Child Reporting Act, the Child
26Care Act of 1969, and the Children and Family Services Act. The

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1request shall be in the form and manner required by the
2Department of State Police. Any information obtained by the
3Department of Children and Family Services under this Section
4is confidential and may not be transmitted outside the
5Department of Children and Family Services other than to a
6court of competent jurisdiction or unless otherwise authorized
7by law. Any employee of the Department of Children and Family
8Services who transmits confidential information in violation
9of this Section or causes the information to be transmitted in
10violation of this Section is guilty of a Class A misdemeanor
11unless the transmittal of the information is authorized by this
12Section or otherwise authorized by law.
13 (f) For purposes of this Section "child abuse or neglect"
14includes abuse or neglect of an adult resident as defined in
15this Act.
16(Source: P.A. 98-1141, eff. 12-30-14.)