|
| | SB0375 Engrossed | | LRB103 02782 KTG 47788 b |
|
|
1 | | AN ACT concerning children.
|
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
|
4 | | Section 5. The Children and Family Services Act is amended |
5 | | by changing Section 21 as follows:
|
6 | | (20 ILCS 505/21) (from Ch. 23, par. 5021)
|
7 | | Sec. 21. Investigative powers; training.
|
8 | | (a) To make such investigations as it may deem necessary |
9 | | to the
performance of its duties.
|
10 | | (b) In the course of any such investigation any
qualified |
11 | | person authorized by the Director may administer oaths and |
12 | | secure
by its subpoena both the attendance and testimony of |
13 | | witnesses and the
production of books and papers relevant to |
14 | | such investigation. Any person
who is served with a subpoena |
15 | | by the Department to appear and testify or to
produce books and |
16 | | papers, in the course of an investigation authorized by
law, |
17 | | and who refuses or neglects to appear, or to testify, or to |
18 | | produce
books and papers relevant to such investigation, as |
19 | | commanded in such
subpoena, shall be guilty of a Class B |
20 | | misdemeanor. The fees of witnesses
for attendance and travel |
21 | | shall be the same as the fees of witnesses before
the circuit |
22 | | courts of this State. Any circuit court of this State, upon
|
23 | | application of the person requesting the hearing or the |
|
| | SB0375 Engrossed | - 2 - | LRB103 02782 KTG 47788 b |
|
|
1 | | Department, may
compel the attendance of witnesses, the
|
2 | | production of books and papers, and giving of testimony
before |
3 | | the Department or before any authorized officer or employee |
4 | | thereof,
by an attachment for contempt or otherwise, in the |
5 | | same manner as
production of evidence may be compelled before |
6 | | such court. Every person
who, having taken an oath or made |
7 | | affirmation before the Department or any
authorized officer or |
8 | | employee thereof, shall willfully swear or affirm
falsely, |
9 | | shall be guilty of perjury and upon conviction shall be |
10 | | punished
accordingly.
|
11 | | (c) Investigations initiated under this Section shall |
12 | | provide
individuals due process of law, including the right to |
13 | | a hearing, to
cross-examine witnesses, to obtain relevant |
14 | | documents, and to present
evidence. Administrative findings |
15 | | shall be subject to the provisions of the
Administrative |
16 | | Review Law.
|
17 | | (d) Beginning July 1, 1988, any child protective |
18 | | investigator or
supervisor or child welfare specialist or |
19 | | supervisor employed by the
Department on the
effective date of |
20 | | this amendatory Act of 1987
shall have completed a training |
21 | | program which shall be instituted by the
Department. The
|
22 | | training program shall include, but not be limited to, the |
23 | | following: (1)
training in the detection of symptoms of child |
24 | | neglect and drug abuse; (2)
specialized training for dealing |
25 | | with families and children of drug
abusers; and (3) specific |
26 | | training in child development, family dynamics
and interview |
|
| | SB0375 Engrossed | - 3 - | LRB103 02782 KTG 47788 b |
|
|
1 | | techniques. Such program shall conform to the criteria and
|
2 | | curriculum developed under Section 4 of the Child Protective |
3 | | Investigator
and Child Welfare Specialist Certification
Act of |
4 | | 1987. Failure to complete such training due to lack of
|
5 | | opportunity provided by the Department shall in no way be |
6 | | grounds for any
disciplinary or other action against an |
7 | | investigator or a specialist.
|
8 | | The Department shall develop a continuous inservice staff |
9 | | development
program and evaluation system. Each child |
10 | | protective investigator and
supervisor and child welfare |
11 | | specialist and supervisor shall participate in
such program |
12 | | and evaluation and shall complete a minimum of 20 hours of
|
13 | | inservice education and training every 2 years in order to |
14 | | maintain certification.
|
15 | | Any child protective investigator or child protective |
16 | | supervisor,
or child welfare specialist or child welfare |
17 | | specialist supervisor
hired by
the Department who begins his
|
18 | | actual
employment after the effective date of this amendatory |
19 | | Act of 1987, shall
be certified
pursuant
to the Child |
20 | | Protective Investigator and Child Welfare Specialist
|
21 | | Certification Act of 1987 before he
begins such employment. |
22 | | Nothing in this Act shall replace or diminish the
rights of |
23 | | employees under the Illinois Public Labor Relations Act, as
|
24 | | amended, or the National Labor Relations Act. In the event of |
25 | | any conflict
between either of those Acts, or any collective
|
26 | | bargaining agreement negotiated thereunder, and the provisions |
|
| | SB0375 Engrossed | - 4 - | LRB103 02782 KTG 47788 b |
|
|
1 | | of subsections
(d) and (e), the former shall prevail and |
2 | | control.
|
3 | | (e) The Department shall develop and implement the |
4 | | following:
|
5 | | (1) A
safety-based child welfare intervention system |
6 | | standardized child endangerment risk assessment protocol .
|
7 | | (2) Related training
procedures.
|
8 | | (3) A standardized method for demonstration of
|
9 | | proficiency in
application of the safety-based child |
10 | | welfare intervention system protocol .
|
11 | | (4) An evaluation of the reliability and
validity of |
12 | | the safety-based child welfare intervention system |
13 | | protocol .
|
14 | | All child protective investigators and supervisors
and child |
15 | | welfare specialists and supervisors employed by the Department |
16 | | or its
contractors shall be required, subsequent to the |
17 | | availability of training under
this Act, to demonstrate |
18 | | proficiency in application of the safety-based child welfare |
19 | | intervention system protocol previous to
being permitted to |
20 | | make safety decisions about the degree of risk posed to |
21 | | children
for whom they are responsible. The Department shall |
22 | | establish a
multi-disciplinary advisory committee
appointed by |
23 | | the Director, including but not limited to representatives |
24 | | from
the fields of child development, domestic violence, |
25 | | family systems, juvenile
justice, law enforcement, health |
26 | | care, mental health, substance abuse, and
social service to |
|
| | SB0375 Engrossed | - 5 - | LRB103 02782 KTG 47788 b |
|
|
1 | | advise the Department and its related contractors in the
|
2 | | development and implementation of the safety-based child |
3 | | welfare intervention system child
endangerment risk assessment |
4 | | protocol , related training, method for
demonstration of |
5 | | proficiency in application of the safety-based child welfare |
6 | | intervention system protocol , and evaluation of
the |
7 | | reliability and validity of the safety-based child welfare |
8 | | intervention system protocol . The Department shall develop the
|
9 | | safety-based child welfare intervention system protocol , |
10 | | training curriculum, method for demonstration of proficiency |
11 | | in
application of the safety-based child welfare intervention |
12 | | system, protocol and method for evaluation of the reliability |
13 | | and
validity of the safety-based child welfare intervention |
14 | | system protocol by July 1, 1995 . Training and demonstration of
|
15 | | proficiency in application of the safety-based child welfare |
16 | | intervention system child endangerment risk assessment |
17 | | protocol
for all child protective investigators and |
18 | | supervisors and child welfare
specialists and
supervisors
|
19 | | shall be completed
as soon as practicable , but no later than |
20 | | January 1, 1996 . The Department
shall submit
to
the General |
21 | | Assembly on or before December 31, 2026 May 1, 1996 , and every |
22 | | year thereafter, an
annual report on the evaluation of the |
23 | | reliability and validity of the safety-based child welfare |
24 | | intervention system child
endangerment risk assessment |
25 | | protocol . The Department shall contract with a
not for profit |
26 | | organization with demonstrated expertise in the field of |
|
| | SB0375 Engrossed | - 6 - | LRB103 02782 KTG 47788 b |
|
|
1 | | safety-based child welfare intervention child
endangerment |
2 | | risk assessment to assist in the development and |
3 | | implementation of
the safety-based child welfare intervention |
4 | | system child endangerment risk assessment protocol , related |
5 | | training, method for
demonstration of proficiency in |
6 | | application of the safety-based child welfare intervention |
7 | | system protocol , and evaluation of
the reliability and |
8 | | validity of the safety-based child welfare intervention system |
9 | | protocol .
|
10 | | (f) The Department shall provide each parent or guardian |
11 | | and responsible adult caregiver participating in a safety plan |
12 | | a copy of the written safety plan as signed by each parent or |
13 | | guardian and responsible adult caregiver and by a |
14 | | representative of the Department. The Department shall also |
15 | | provide each parent or guardian and responsible adult |
16 | | caregiver safety plan information on their rights and |
17 | | responsibilities that shall include, but need not be limited |
18 | | to, information on how to obtain medical care, emergency phone |
19 | | numbers, and information on how to notify schools or day care |
20 | | providers as appropriate. The Department's representative |
21 | | shall ensure that the safety plan is reviewed and approved by |
22 | | the child protection supervisor. |
23 | | (Source: P.A. 98-830, eff. 1-1-15 .)
|
24 | | Section 10. The Advisory Commission on Reducing the |
25 | | Disproportionate Representation of African-American Children |
|
| | SB0375 Engrossed | - 7 - | LRB103 02782 KTG 47788 b |
|
|
1 | | in Foster Care Act is amended by changing Section 10 as |
2 | | follows:
|
3 | | (20 ILCS 4104/10)
|
4 | | Sec. 10. Advisory Commission on Reducing the |
5 | | Disproportionate Representation of African-American Children |
6 | | in Foster Care. |
7 | | (a) The Advisory Commission on Reducing the |
8 | | Disproportionate Representation of African-American Children |
9 | | in Foster Care is created and shall have the following |
10 | | appointed members: |
11 | | (1) One member appointed by the Governor or his of her |
12 | | designee. |
13 | | (2) One member appointed by the Speaker of the House |
14 | | of Representatives or his or her designee. |
15 | | (3) One member appointed by the Minority Leader of the |
16 | | House of Representatives or his or her designee. |
17 | | (4) One member appointed by the President of the |
18 | | Senate or his or her designee. |
19 | | (5) One member appointed by the Minority Leader of the |
20 | | Senate or his or her designee. |
21 | | (6) The Department on Aging, the Department of |
22 | | Children and Family Services, the Department of Human |
23 | | Services, the Department of Juvenile Justice, the |
24 | | Department of Commerce and Economic Opportunity, the |
25 | | Department of Healthcare and Family Services, the |
|
| | SB0375 Engrossed | - 8 - | LRB103 02782 KTG 47788 b |
|
|
1 | | Department of Public Health, the State Board of Education, |
2 | | the Board of Higher Education, the Illinois Community |
3 | | College Board, the Department of Human Rights, the Capital |
4 | | Development Board, the Department of Corrections, and the |
5 | | Department of Labor shall each appoint a liaison to serve |
6 | | ex officio on the Commission. |
7 | | (7) One member from the Task Force on Strengthening |
8 | | Child Welfare Workforce for Children and Families. |
9 | | (8) One member from the Safety-Based Child Welfare |
10 | | Intervention Child Endangerment Risk Assessment Protocol |
11 | | Advisory Committee. |
12 | | (9) Two members representing nonprofit organizations |
13 | | that advocate for African-American children or youth to be |
14 | | appointed by the Governor or his or her designee. |
15 | | (b) The Governor or his or her designee shall appoint the |
16 | | chairperson or chairpersons. |
17 | | (c) Each member appointed to the Commission shall have a |
18 | | working knowledge of Illinois' child welfare system. The |
19 | | members shall reflect regional representation to ensure that |
20 | | the needs of African-American families and children throughout |
21 | | the State of Illinois are met. |
22 | | (d) Members shall be appointed within 60 days after
the |
23 | | effective date of this Act. The Advisory Commission shall hold |
24 | | its
initial meetings within 60 days after at least 50% of the
|
25 | | members have been appointed. |
26 | | (e) Vacancies on the Advisory Commission shall be filled |
|
| | SB0375 Engrossed | - 9 - | LRB103 02782 KTG 47788 b |
|
|
1 | | in the same manner as initial appointments. Appointments to |
2 | | fill vacancies occurring before the expiration of a term shall |
3 | | be for the remainder of the unexpired term. Members shall |
4 | | serve without compensation but may be reimbursed for actual |
5 | | necessary expenses incurred in the performance of their |
6 | | duties. |
7 | | (f) The Department of Children and Family Services shall |
8 | | provide administrative support to the Advisory Commission.
|
9 | | (Source: P.A. 102-470, eff. 8-20-21.)
|
10 | | Section 15. The Abused and Neglected Child Reporting Act |
11 | | is amended by changing Sections 7.01 and 7.4 as follows:
|
12 | | (325 ILCS 5/7.01) |
13 | | Sec. 7.01. Reports made by mandated reporters that require |
14 | | a child welfare services referral Safety assessments for |
15 | | reports made by mandated reporters . |
16 | | (a) When a report is made by a mandated reporter to the |
17 | | statewide toll-free telephone number established under Section |
18 | | 7.6 of this Act and there is a prior indicated report of abuse |
19 | | or neglect, or there is a prior open service case involving any |
20 | | member of the household, the Department must, at a minimum, |
21 | | accept the report as a child welfare services referral. If the |
22 | | family refuses to cooperate or refuses access to the home or |
23 | | children, then a child protective services investigation shall |
24 | | be initiated if the facts otherwise meet the criteria to |
|
| | SB0375 Engrossed | - 10 - | LRB103 02782 KTG 47788 b |
|
|
1 | | accept a report. |
2 | | As used in this Section, "child welfare services referral" |
3 | | means an assessment of the family for service needs and |
4 | | linkage to available local community resources for the purpose |
5 | | of preventing or remedying or assisting in the solution of |
6 | | problems which may result in the neglect, abuse, exploitation, |
7 | | or delinquency of children, and as further defined in |
8 | | Department rules and procedures. |
9 | | As used in this Section, "prior open service case" means a |
10 | | case in which the Department has provided services to the |
11 | | family either directly or through a purchase of service |
12 | | agency. |
13 | | (b) One year after the effective date of this amendatory |
14 | | Act of the 101st General Assembly, the Auditor General shall |
15 | | commence a performance audit of the Department of Children and |
16 | | Family Services to determine whether the Department is meeting |
17 | | the requirements of this Section. Within 2 years after the |
18 | | audit's release, the Auditor General shall commence a |
19 | | follow-up performance audit to determine whether the |
20 | | Department has implemented the recommendations contained in |
21 | | the initial performance audit. Upon completion of each audit, |
22 | | the Auditor General shall report its findings to the General |
23 | | Assembly. The Auditor General's reports shall include any |
24 | | issues or deficiencies and recommendations. The audits |
25 | | required by this Section shall be in accordance with and |
26 | | subject to the Illinois State Auditing Act.
|
|
| | SB0375 Engrossed | - 11 - | LRB103 02782 KTG 47788 b |
|
|
1 | | (Source: P.A. 101-237, eff. 1-1-20 .)
|
2 | | (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
|
3 | | Sec. 7.4. (a) The Department shall be capable of receiving |
4 | | reports of
suspected child abuse or neglect 24 hours a day, 7 |
5 | | days a week. Whenever
the Department receives a report |
6 | | alleging that a child is a
truant as defined in Section 26-2a |
7 | | of the School Code, as now or hereafter
amended, the |
8 | | Department shall notify the superintendent of the school
|
9 | | district in which the child resides and the appropriate |
10 | | superintendent of
the educational service region. The |
11 | | notification to the appropriate
officials by the Department |
12 | | shall not be considered an allegation of abuse
or neglect |
13 | | under this Act.
|
14 | | (a-5) The Department of Children and Family Services may |
15 | | implement a "differential response program" in accordance with |
16 | | criteria, standards, and procedures prescribed by rule. The |
17 | | program may provide that, upon receiving a report, the |
18 | | Department shall determine whether to conduct a family |
19 | | assessment or an investigation as appropriate to prevent or |
20 | | provide a remedy for child abuse or neglect. |
21 | | For purposes of this subsection (a-5), "family assessment" |
22 | | means a comprehensive assessment of child safety, risk of |
23 | | subsequent child maltreatment, and family strengths and needs |
24 | | that is applied to a child maltreatment report that does not |
25 | | allege substantial child endangerment. "Family assessment" |
|
| | SB0375 Engrossed | - 12 - | LRB103 02782 KTG 47788 b |
|
|
1 | | does not include a determination as to whether child |
2 | | maltreatment occurred but does determine the need for services |
3 | | to address the safety of family members and the risk of |
4 | | subsequent maltreatment. |
5 | | For purposes of this subsection (a-5), "investigation" |
6 | | means fact-gathering related to the current safety of a child |
7 | | and the risk of subsequent abuse or neglect that determines |
8 | | whether a report of suspected child abuse or neglect should be |
9 | | indicated or unfounded and whether child protective services |
10 | | are needed. |
11 | | Under the "differential response program" implemented |
12 | | under this subsection (a-5), the Department: |
13 | | (1) Shall conduct an investigation on reports |
14 | | involving substantial child abuse or neglect. |
15 | | (2) Shall begin an immediate investigation if, at any |
16 | | time when it is using a family assessment response, it |
17 | | determines that there is reason to believe that |
18 | | substantial child abuse or neglect or a serious threat to |
19 | | the child's safety exists. |
20 | | (3) May conduct a family assessment for reports that |
21 | | do not allege substantial child endangerment. In |
22 | | determining that a family assessment is appropriate, the |
23 | | Department may consider issues, including, but not limited |
24 | | to, child safety, parental cooperation, and the need for |
25 | | an immediate response. |
26 | | (4) Shall promulgate criteria, standards, and |
|
| | SB0375 Engrossed | - 13 - | LRB103 02782 KTG 47788 b |
|
|
1 | | procedures that shall be applied in making this |
2 | | determination, taking into consideration the Safety-Based |
3 | | Child Welfare Intervention System Child Endangerment Risk |
4 | | Assessment Protocol of the Department. |
5 | | (5) May conduct a family assessment on a report that |
6 | | was initially screened and assigned for an investigation. |
7 | | In determining that a complete investigation is not |
8 | | required, the Department must document the reason for |
9 | | terminating the investigation and notify the local law |
10 | | enforcement agency or the Illinois State Police if the local |
11 | | law enforcement agency or Illinois State Police is conducting |
12 | | a joint investigation. |
13 | | Once it is determined that a "family assessment" will be |
14 | | implemented, the case shall not be reported to the central |
15 | | register of abuse and neglect reports. |
16 | | During a family assessment, the Department shall collect |
17 | | any available and relevant information to determine child |
18 | | safety, risk of subsequent abuse or neglect, and family |
19 | | strengths. |
20 | | Information collected includes, but is not limited to, |
21 | | when relevant: information with regard to the person reporting |
22 | | the alleged abuse or neglect, including the nature of the |
23 | | reporter's relationship to the child and to the alleged |
24 | | offender, and the basis of the reporter's knowledge for the |
25 | | report; the child allegedly being abused or neglected; the |
26 | | alleged offender; the child's caretaker; and other collateral |
|
| | SB0375 Engrossed | - 14 - | LRB103 02782 KTG 47788 b |
|
|
1 | | sources having relevant information related to the alleged |
2 | | abuse or neglect. Information relevant to the assessment must |
3 | | be asked for, and may include: |
4 | | (A) The child's sex and age, prior reports of abuse or |
5 | | neglect, information relating to developmental |
6 | | functioning, credibility of the child's statement, and |
7 | | whether the information provided under this paragraph (A) |
8 | | is consistent with other information collected during the |
9 | | course of the assessment or investigation. |
10 | | (B) The alleged offender's age, a record check for |
11 | | prior reports of abuse or neglect, and criminal charges |
12 | | and convictions. The alleged offender may submit |
13 | | supporting documentation relevant to the assessment. |
14 | | (C) Collateral source information regarding the |
15 | | alleged abuse or neglect and care of the child. Collateral |
16 | | information includes, when relevant: (i) a medical |
17 | | examination of the child; (ii) prior medical records |
18 | | relating to the alleged maltreatment or care of the child |
19 | | maintained by any facility, clinic, or health care |
20 | | professional, and an interview with the treating |
21 | | professionals; and (iii) interviews with the child's |
22 | | caretakers, including the child's parent, guardian, foster |
23 | | parent, child care provider, teachers, counselors, family |
24 | | members, relatives, and other persons who may have |
25 | | knowledge regarding the alleged maltreatment and the care |
26 | | of the child. |
|
| | SB0375 Engrossed | - 15 - | LRB103 02782 KTG 47788 b |
|
|
1 | | (D) Information on the existence of domestic abuse and |
2 | | violence in the home of the child, and substance abuse. |
3 | | Nothing in this subsection (a-5) precludes the Department |
4 | | from collecting other relevant information necessary to |
5 | | conduct the assessment or investigation. Nothing in this |
6 | | subsection (a-5) shall be construed to allow the name or |
7 | | identity of a reporter to be disclosed in violation of the |
8 | | protections afforded under Section 7.19 of this Act. |
9 | | After conducting the family assessment, the Department |
10 | | shall determine whether services are needed to address the |
11 | | safety of the child and other family members and the risk of |
12 | | subsequent abuse or neglect. |
13 | | Upon completion of the family assessment, if the |
14 | | Department concludes that no services shall be offered, then |
15 | | the case shall be closed. If the Department concludes that |
16 | | services shall be offered, the Department shall develop a |
17 | | family preservation plan and offer or refer services to the |
18 | | family. |
19 | | At any time during a family assessment, if the Department |
20 | | believes there is any reason to stop the assessment and |
21 | | conduct an investigation based on the information discovered, |
22 | | the Department shall do so. |
23 | | The procedures available to the Department in conducting |
24 | | investigations under this Act shall be followed as appropriate |
25 | | during a family assessment. |
26 | | If the Department implements a differential response |
|
| | SB0375 Engrossed | - 16 - | LRB103 02782 KTG 47788 b |
|
|
1 | | program authorized under this subsection (a-5), the Department |
2 | | shall arrange for an independent evaluation of the program for |
3 | | at least the first 3 years of implementation to determine |
4 | | whether it is meeting the goals in accordance with Section 2 of |
5 | | this Act. |
6 | | The Department may adopt administrative rules necessary |
7 | | for the execution of this Section, in accordance with Section |
8 | | 4 of the Children and Family Services Act. |
9 | | The Department shall submit a report to the General |
10 | | Assembly by January 15, 2018 on the implementation progress |
11 | | and recommendations for additional needed legislative changes.
|
12 | | (b)(1) The following procedures shall be followed in the |
13 | | investigation
of all reports of suspected abuse or neglect of |
14 | | a child, except as provided
in subsection (c) of this Section.
|
15 | | (2) If, during a family assessment authorized by |
16 | | subsection (a-5) or an investigation, it appears that the |
17 | | immediate safety or well-being of a child is
endangered, that |
18 | | the family may flee or the child disappear, or that the
facts |
19 | | otherwise so warrant, the Child Protective Service Unit shall
|
20 | | commence an investigation immediately, regardless of the time |
21 | | of day or
night. All other investigations shall be commenced |
22 | | within 24
hours of receipt of the report. Upon receipt of a |
23 | | report, the Child
Protective Service Unit shall conduct a |
24 | | family assessment authorized by subsection (a-5) or begin an |
25 | | initial investigation and make an initial
determination |
26 | | whether the report is a good faith indication of alleged
child |
|
| | SB0375 Engrossed | - 17 - | LRB103 02782 KTG 47788 b |
|
|
1 | | abuse or neglect.
|
2 | | (3) Based on an initial investigation, if the Unit |
3 | | determines the report is a good faith
indication of alleged |
4 | | child abuse or neglect, then a formal investigation
shall |
5 | | commence and, pursuant to Section 7.12 of this Act, may or may |
6 | | not
result in an indicated report. The formal investigation |
7 | | shall include:
direct contact with the subject or subjects of |
8 | | the report as soon as
possible after the report is received; an
|
9 | | evaluation of the environment of the child named in the report |
10 | | and any other
children in the same environment; a |
11 | | determination of the risk to such
children if they continue to |
12 | | remain in the existing environments, as well
as a |
13 | | determination of the nature, extent and cause of any condition
|
14 | | enumerated in such report; the name, age and condition of |
15 | | other children in
the environment; and an evaluation as to |
16 | | whether there would be an
immediate and urgent necessity to |
17 | | remove the child from the environment if
appropriate family |
18 | | preservation services were provided. After seeing to
the |
19 | | safety of the child or children, the Department shall
|
20 | | forthwith notify the subjects of the report in writing, of the |
21 | | existence
of the report and their rights existing under this |
22 | | Act in regard to amendment
or expungement. To fulfill the |
23 | | requirements of this Section, the Child
Protective Service |
24 | | Unit shall have the capability of providing or arranging
for |
25 | | comprehensive emergency services to children and families at |
26 | | all times
of the day or night.
|
|
| | SB0375 Engrossed | - 18 - | LRB103 02782 KTG 47788 b |
|
|
1 | | (4) If (i) at the conclusion of the Unit's initial |
2 | | investigation of a
report, the Unit determines the report to |
3 | | be a good faith indication of
alleged child abuse or neglect |
4 | | that warrants a formal investigation by
the Unit, the |
5 | | Department, any law enforcement agency or any other
|
6 | | responsible agency and (ii) the person who is alleged to have |
7 | | caused the
abuse or neglect is employed or otherwise engaged |
8 | | in an activity resulting
in frequent contact with children and |
9 | | the alleged abuse or neglect are in
the course of such |
10 | | employment or activity, then the Department shall,
except in |
11 | | investigations where the Director determines that such
|
12 | | notification would be detrimental to the Department's |
13 | | investigation, inform
the appropriate supervisor or |
14 | | administrator of that employment or activity
that the Unit has |
15 | | commenced a formal investigation pursuant to this Act,
which |
16 | | may or may not result in an indicated report. The Department |
17 | | shall also
notify the person being investigated, unless the |
18 | | Director determines that
such notification would be |
19 | | detrimental to the Department's investigation.
|
20 | | (c) In an investigation of a report of suspected abuse or |
21 | | neglect of
a child by a school employee at a school or on |
22 | | school grounds, the
Department shall make reasonable efforts |
23 | | to follow the following procedures:
|
24 | | (1) Investigations involving teachers shall not, to |
25 | | the extent possible,
be conducted when the teacher is |
26 | | scheduled to conduct classes.
Investigations involving |
|
| | SB0375 Engrossed | - 19 - | LRB103 02782 KTG 47788 b |
|
|
1 | | other school employees shall be conducted so as to
|
2 | | minimize disruption of the school day. The school employee |
3 | | accused of
child abuse or neglect may have his superior, |
4 | | his association or union
representative and his attorney |
5 | | present at any interview or meeting at
which the teacher |
6 | | or administrator is present. The accused school employee
|
7 | | shall be informed by a representative of the Department, |
8 | | at any
interview or meeting, of the accused school |
9 | | employee's due process rights
and of the steps in the |
10 | | investigation process.
These due
process rights shall also |
11 | | include the right of the school employee to
present |
12 | | countervailing evidence regarding the accusations. In an |
13 | | investigation in which the alleged perpetrator of abuse or |
14 | | neglect is a school employee, including, but not limited |
15 | | to, a school teacher or administrator, and the |
16 | | recommendation is to determine the report to be indicated, |
17 | | in addition to other procedures as set forth and defined |
18 | | in Department rules and procedures, the employee's due |
19 | | process rights shall also include: (i) the right to a copy |
20 | | of the investigation summary; (ii) the right to review the |
21 | | specific allegations which gave rise to the investigation; |
22 | | and (iii) the right to an administrator's teleconference |
23 | | which shall be convened to provide the school employee |
24 | | with the opportunity to present documentary evidence or |
25 | | other information that supports his or her position and to |
26 | | provide information before a final finding is entered.
|
|
| | SB0375 Engrossed | - 20 - | LRB103 02782 KTG 47788 b |
|
|
1 | | (2) If a report of neglect or abuse of a child by a |
2 | | teacher or
administrator does not involve allegations of |
3 | | sexual abuse or extreme
physical abuse, the Child |
4 | | Protective Service Unit shall make reasonable
efforts to |
5 | | conduct the initial investigation in coordination with the
|
6 | | employee's supervisor.
|
7 | | If the Unit determines that the report is a good faith |
8 | | indication of
potential child abuse or neglect, it shall |
9 | | then commence a formal
investigation under paragraph (3) |
10 | | of subsection (b) of this Section.
|
11 | | (3) If a report of neglect or abuse of a child by a |
12 | | teacher or
administrator involves an allegation of sexual |
13 | | abuse or extreme physical
abuse, the Child Protective Unit |
14 | | shall commence an investigation under
paragraph (2) of |
15 | | subsection (b) of this Section.
|
16 | | (c-5) In any instance in which a report is made or caused |
17 | | to made by a school district employee involving the conduct of |
18 | | a person employed by the school district, at the time the |
19 | | report was made, as required under Section 4 of this Act, the |
20 | | Child Protective Service Unit shall send a copy of its final |
21 | | finding report to the general superintendent of that school |
22 | | district.
|
23 | | (c-10) The Department may recommend that a school district |
24 | | remove a school employee who is the subject of an |
25 | | investigation from his or her employment position pending the |
26 | | outcome of the investigation; however, all employment |
|
| | SB0375 Engrossed | - 21 - | LRB103 02782 KTG 47788 b |
|
|
1 | | decisions regarding school personnel shall be the sole |
2 | | responsibility of the school district or employer. The |
3 | | Department may not require a school district to remove a |
4 | | school employee from his or her employment position or limit |
5 | | the school employee's duties pending the outcome of an |
6 | | investigation. |
7 | | (d) If the Department has contact with an employer, or |
8 | | with a religious
institution or religious official having |
9 | | supervisory or hierarchical authority
over a member of the |
10 | | clergy accused of the abuse of a child,
in the course of its
|
11 | | investigation, the Department shall notify the employer or the |
12 | | religious
institution or religious official, in writing, when |
13 | | a
report is unfounded so that any record of the investigation |
14 | | can be expunged
from the employee's or member of the clergy's |
15 | | personnel or other
records. The Department shall also notify
|
16 | | the employee or the member of the clergy, in writing, that |
17 | | notification
has been sent to the employer or to the |
18 | | appropriate religious institution or
religious official
|
19 | | informing the employer or religious institution or religious |
20 | | official that
the
Department's investigation has resulted in
|
21 | | an unfounded report.
|
22 | | (d-1) Whenever a report alleges that a child was abused or |
23 | | neglected while receiving care in a hospital, including a |
24 | | freestanding psychiatric hospital licensed by the Department |
25 | | of Public Health, the Department shall send a copy of its final |
26 | | finding to the Director of Public Health and the Director of |
|
| | SB0375 Engrossed | - 22 - | LRB103 02782 KTG 47788 b |
|
|
1 | | Healthcare and Family Services. |
2 | | (e) Upon request by the Department, the Illinois
State |
3 | | Police and law enforcement agencies are
authorized to provide |
4 | | criminal history record information
as defined in the Illinois |
5 | | Uniform Conviction Information Act and information
maintained |
6 | | in
the adjudicatory and dispositional record system as defined |
7 | | in Section
2605-355 of the Illinois State Police Law to |
8 | | properly
designated
employees of the
Department of Children
|
9 | | and Family Services if the Department determines the |
10 | | information is
necessary to perform its duties under the |
11 | | Abused and
Neglected Child Reporting Act, the Child Care Act |
12 | | of 1969, and the Children and
Family Services Act. The
request |
13 | | shall be in the form and manner required
by
the Illinois State |
14 | | Police. Any information obtained by the Department of
Children
|
15 | | and Family Services under this Section is
confidential and may |
16 | | not be transmitted outside the Department of Children
and |
17 | | Family Services other than to a court of competent |
18 | | jurisdiction or unless
otherwise authorized by law.
Any |
19 | | employee of the Department of Children and Family Services who |
20 | | transmits
confidential information in
violation of this
|
21 | | Section or causes the information to be
transmitted in |
22 | | violation of this Section is guilty of a Class A
misdemeanor |
23 | | unless the transmittal of
the
information is
authorized by |
24 | | this Section or otherwise authorized by law.
|
25 | | (f) For purposes of this Section, "child abuse or neglect" |
26 | | includes abuse or neglect of an adult resident as defined in |