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| Public Act 103-0460
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| SB0375 Enrolled | LRB103 02782 KTG 47788 b |
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Children and Family Services Act is amended |
by changing Section 21 as follows:
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(20 ILCS 505/21) (from Ch. 23, par. 5021)
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Sec. 21. Investigative powers; training.
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(a) To make such investigations as it may deem necessary |
to the
performance of its duties.
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(b) In the course of any such investigation any
qualified |
person authorized by the Director may administer oaths and |
secure
by its subpoena both the attendance and testimony of |
witnesses and the
production of books and papers relevant to |
such investigation. Any person
who is served with a subpoena |
by the Department to appear and testify or to
produce books and |
papers, in the course of an investigation authorized by
law, |
and who refuses or neglects to appear, or to testify, or to |
produce
books and papers relevant to such investigation, as |
commanded in such
subpoena, shall be guilty of a Class B |
misdemeanor. The fees of witnesses
for attendance and travel |
shall be the same as the fees of witnesses before
the circuit |
courts of this State. Any circuit court of this State, upon
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application of the person requesting the hearing or the |
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Department, may
compel the attendance of witnesses, the
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production of books and papers, and giving of testimony
before |
the Department or before any authorized officer or employee |
thereof,
by an attachment for contempt or otherwise, in the |
same manner as
production of evidence may be compelled before |
such court. Every person
who, having taken an oath or made |
affirmation before the Department or any
authorized officer or |
employee thereof, shall willfully swear or affirm
falsely, |
shall be guilty of perjury and upon conviction shall be |
punished
accordingly.
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(c) Investigations initiated under this Section shall |
provide
individuals due process of law, including the right to |
a hearing, to
cross-examine witnesses, to obtain relevant |
documents, and to present
evidence. Administrative findings |
shall be subject to the provisions of the
Administrative |
Review Law.
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(d) Beginning July 1, 1988, any child protective |
investigator or
supervisor or child welfare specialist or |
supervisor employed by the
Department on the
effective date of |
this amendatory Act of 1987
shall have completed a training |
program which shall be instituted by the
Department. The
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training program shall include, but not be limited to, the |
following: (1)
training in the detection of symptoms of child |
neglect and drug abuse; (2)
specialized training for dealing |
with families and children of drug
abusers; and (3) specific |
training in child development, family dynamics
and interview |
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techniques. Such program shall conform to the criteria and
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curriculum developed under Section 4 of the Child Protective |
Investigator
and Child Welfare Specialist Certification
Act of |
1987. Failure to complete such training due to lack of
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opportunity provided by the Department shall in no way be |
grounds for any
disciplinary or other action against an |
investigator or a specialist.
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The Department shall develop a continuous inservice staff |
development
program and evaluation system. Each child |
protective investigator and
supervisor and child welfare |
specialist and supervisor shall participate in
such program |
and evaluation and shall complete a minimum of 20 hours of
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inservice education and training every 2 years in order to |
maintain certification.
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Any child protective investigator or child protective |
supervisor,
or child welfare specialist or child welfare |
specialist supervisor
hired by
the Department who begins his
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actual
employment after the effective date of this amendatory |
Act of 1987, shall
be certified
pursuant
to the Child |
Protective Investigator and Child Welfare Specialist
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Certification Act of 1987 before he
begins such employment. |
Nothing in this Act shall replace or diminish the
rights of |
employees under the Illinois Public Labor Relations Act, as
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amended, or the National Labor Relations Act. In the event of |
any conflict
between either of those Acts, or any collective
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bargaining agreement negotiated thereunder, and the provisions |
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of subsections
(d) and (e), the former shall prevail and |
control.
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(e) The Department shall develop and implement the |
following:
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(1) A
safety-based child welfare intervention system |
standardized child endangerment risk assessment protocol.
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(2) Related training
procedures.
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(3) A standardized method for demonstration of
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proficiency in
application of the safety-based child |
welfare intervention system protocol.
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(4) An evaluation of the reliability and
validity of |
the safety-based child welfare intervention system |
protocol.
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All child protective investigators and supervisors
and child |
welfare specialists and supervisors employed by the Department |
or its
contractors shall be required, subsequent to the |
availability of training under
this Act, to demonstrate |
proficiency in application of the safety-based child welfare |
intervention system protocol previous to
being permitted to |
make safety decisions about the degree of risk posed to |
children
for whom they are responsible. The Department shall |
establish a
multi-disciplinary advisory committee
appointed by |
the Director, including but not limited to representatives |
from
the fields of child development, domestic violence, |
family systems, juvenile
justice, law enforcement, health |
care, mental health, substance abuse, and
social service to |
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advise the Department and its related contractors in the
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development and implementation of the safety-based child |
welfare intervention system child
endangerment risk assessment |
protocol, related training, method for
demonstration of |
proficiency in application of the safety-based child welfare |
intervention system protocol, and evaluation of
the |
reliability and validity of the safety-based child welfare |
intervention system protocol. The Department shall develop the
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safety-based child welfare intervention system protocol, |
training curriculum, method for demonstration of proficiency |
in
application of the safety-based child welfare intervention |
system, protocol and method for evaluation of the reliability |
and
validity of the safety-based child welfare intervention |
system protocol by July 1, 1995. Training and demonstration of
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proficiency in application of the safety-based child welfare |
intervention system child endangerment risk assessment |
protocol
for all child protective investigators and |
supervisors and child welfare
specialists and
supervisors
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shall be completed
as soon as practicable, but no later than |
January 1, 1996. The Department
shall submit
to
the General |
Assembly on or before December 31, 2026 May 1, 1996, and every |
year thereafter, an
annual report on the evaluation of the |
reliability and validity of the safety-based child welfare |
intervention system child
endangerment risk assessment |
protocol. The Department shall contract with a
not for profit |
organization with demonstrated expertise in the field of |
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safety-based child welfare intervention child
endangerment |
risk assessment to assist in the development and |
implementation of
the safety-based child welfare intervention |
system child endangerment risk assessment protocol, related |
training, method for
demonstration of proficiency in |
application of the safety-based child welfare intervention |
system protocol, and evaluation of
the reliability and |
validity of the safety-based child welfare intervention system |
protocol.
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(f) The Department shall provide each parent or guardian |
and responsible adult caregiver participating in a safety plan |
a copy of the written safety plan as signed by each parent or |
guardian and responsible adult caregiver and by a |
representative of the Department. The Department shall also |
provide each parent or guardian and responsible adult |
caregiver safety plan information on their rights and |
responsibilities that shall include, but need not be limited |
to, information on how to obtain medical care, emergency phone |
numbers, and information on how to notify schools or day care |
providers as appropriate. The Department's representative |
shall ensure that the safety plan is reviewed and approved by |
the child protection supervisor. |
(Source: P.A. 98-830, eff. 1-1-15.)
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Section 10. The Advisory Commission on Reducing the |
Disproportionate Representation of African-American Children |
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in Foster Care Act is amended by changing Section 10 as |
follows:
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(20 ILCS 4104/10)
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Sec. 10. Advisory Commission on Reducing the |
Disproportionate Representation of African-American Children |
in Foster Care. |
(a) The Advisory Commission on Reducing the |
Disproportionate Representation of African-American Children |
in Foster Care is created and shall have the following |
appointed members: |
(1) One member appointed by the Governor or his of her |
designee. |
(2) One member appointed by the Speaker of the House |
of Representatives or his or her designee. |
(3) One member appointed by the Minority Leader of the |
House of Representatives or his or her designee. |
(4) One member appointed by the President of the |
Senate or his or her designee. |
(5) One member appointed by the Minority Leader of the |
Senate or his or her designee. |
(6) The Department on Aging, the Department of |
Children and Family Services, the Department of Human |
Services, the Department of Juvenile Justice, the |
Department of Commerce and Economic Opportunity, the |
Department of Healthcare and Family Services, the |
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Department of Public Health, the State Board of Education, |
the Board of Higher Education, the Illinois Community |
College Board, the Department of Human Rights, the Capital |
Development Board, the Department of Corrections, and the |
Department of Labor shall each appoint a liaison to serve |
ex officio on the Commission. |
(7) One member from the Task Force on Strengthening |
Child Welfare Workforce for Children and Families. |
(8) One member from the Safety-Based Child Welfare |
Intervention Child Endangerment Risk Assessment Protocol |
Advisory Committee. |
(9) Two members representing nonprofit organizations |
that advocate for African-American children or youth to be |
appointed by the Governor or his or her designee. |
(b) The Governor or his or her designee shall appoint the |
chairperson or chairpersons. |
(c) Each member appointed to the Commission shall have a |
working knowledge of Illinois' child welfare system. The |
members shall reflect regional representation to ensure that |
the needs of African-American families and children throughout |
the State of Illinois are met. |
(d) Members shall be appointed within 60 days after
the |
effective date of this Act. The Advisory Commission shall hold |
its
initial meetings within 60 days after at least 50% of the
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members have been appointed. |
(e) Vacancies on the Advisory Commission shall be filled |
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in the same manner as initial appointments. Appointments to |
fill vacancies occurring before the expiration of a term shall |
be for the remainder of the unexpired term. Members shall |
serve without compensation but may be reimbursed for actual |
necessary expenses incurred in the performance of their |
duties. |
(f) The Department of Children and Family Services shall |
provide administrative support to the Advisory Commission.
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(Source: P.A. 102-470, eff. 8-20-21.)
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Section 15. The Abused and Neglected Child Reporting Act |
is amended by changing Sections 7.01 and 7.4 as follows:
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(325 ILCS 5/7.01) |
Sec. 7.01. Reports made by mandated reporters that require |
a child welfare services referral Safety assessments for |
reports made by mandated reporters. |
(a) When a report is made by a mandated reporter to the |
statewide toll-free telephone number established under Section |
7.6 of this Act and there is a prior indicated report of abuse |
or neglect, or there is a prior open service case involving any |
member of the household, the Department must, at a minimum, |
accept the report as a child welfare services referral. If the |
family refuses to cooperate or refuses access to the home or |
children, then a child protective services investigation shall |
be initiated if the facts otherwise meet the criteria to |
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accept a report. |
As used in this Section, "child welfare services referral" |
means an assessment of the family for service needs and |
linkage to available local community resources for the purpose |
of preventing or remedying or assisting in the solution of |
problems which may result in the neglect, abuse, exploitation, |
or delinquency of children, and as further defined in |
Department rules and procedures. |
As used in this Section, "prior open service case" means a |
case in which the Department has provided services to the |
family either directly or through a purchase of service |
agency. |
(b) One year after the effective date of this amendatory |
Act of the 101st General Assembly, the Auditor General shall |
commence a performance audit of the Department of Children and |
Family Services to determine whether the Department is meeting |
the requirements of this Section. Within 2 years after the |
audit's release, the Auditor General shall commence a |
follow-up performance audit to determine whether the |
Department has implemented the recommendations contained in |
the initial performance audit. Upon completion of each audit, |
the Auditor General shall report its findings to the General |
Assembly. The Auditor General's reports shall include any |
issues or deficiencies and recommendations. The audits |
required by this Section shall be in accordance with and |
subject to the Illinois State Auditing Act.
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(Source: P.A. 101-237, eff. 1-1-20.)
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(325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
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Sec. 7.4. (a) The Department shall be capable of receiving |
reports of
suspected child abuse or neglect 24 hours a day, 7 |
days a week. Whenever
the Department receives a report |
alleging that a child is a
truant as defined in Section 26-2a |
of the School Code, as now or hereafter
amended, the |
Department shall notify the superintendent of the school
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district in which the child resides and the appropriate |
superintendent of
the educational service region. The |
notification to the appropriate
officials by the Department |
shall not be considered an allegation of abuse
or neglect |
under this Act.
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(a-5) The Department of Children and Family Services may |
implement a "differential response program" in accordance with |
criteria, standards, and procedures prescribed by rule. The |
program may provide that, upon receiving a report, the |
Department shall determine whether to conduct a family |
assessment or an investigation as appropriate to prevent or |
provide a remedy for child abuse or neglect. |
For purposes of this subsection (a-5), "family assessment" |
means a comprehensive assessment of child safety, risk of |
subsequent child maltreatment, and family strengths and needs |
that is applied to a child maltreatment report that does not |
allege substantial child endangerment. "Family assessment" |
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does not include a determination as to whether child |
maltreatment occurred but does determine the need for services |
to address the safety of family members and the risk of |
subsequent maltreatment. |
For purposes of this subsection (a-5), "investigation" |
means fact-gathering related to the current safety of a child |
and the risk of subsequent abuse or neglect that determines |
whether a report of suspected child abuse or neglect should be |
indicated or unfounded and whether child protective services |
are needed. |
Under the "differential response program" implemented |
under this subsection (a-5), the Department: |
(1) Shall conduct an investigation on reports |
involving substantial child abuse or neglect. |
(2) Shall begin an immediate investigation if, at any |
time when it is using a family assessment response, it |
determines that there is reason to believe that |
substantial child abuse or neglect or a serious threat to |
the child's safety exists. |
(3) May conduct a family assessment for reports that |
do not allege substantial child endangerment. In |
determining that a family assessment is appropriate, the |
Department may consider issues, including, but not limited |
to, child safety, parental cooperation, and the need for |
an immediate response. |
(4) Shall promulgate criteria, standards, and |
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procedures that shall be applied in making this |
determination, taking into consideration the Safety-Based |
Child Welfare Intervention System Child Endangerment Risk |
Assessment Protocol of the Department. |
(5) May conduct a family assessment on a report that |
was initially screened and assigned for an investigation. |
In determining that a complete investigation is not |
required, the Department must document the reason for |
terminating the investigation and notify the local law |
enforcement agency or the Illinois State Police if the local |
law enforcement agency or Illinois State Police is conducting |
a joint investigation. |
Once it is determined that a "family assessment" will be |
implemented, the case shall not be reported to the central |
register of abuse and neglect reports. |
During a family assessment, the Department shall collect |
any available and relevant information to determine child |
safety, risk of subsequent abuse or neglect, and family |
strengths. |
Information collected includes, but is not limited to, |
when relevant: information with regard to the person reporting |
the alleged abuse or neglect, including the nature of the |
reporter's relationship to the child and to the alleged |
offender, and the basis of the reporter's knowledge for the |
report; the child allegedly being abused or neglected; the |
alleged offender; the child's caretaker; and other collateral |
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sources having relevant information related to the alleged |
abuse or neglect. Information relevant to the assessment must |
be asked for, and may include: |
(A) The child's sex and age, prior reports of abuse or |
neglect, information relating to developmental |
functioning, credibility of the child's statement, and |
whether the information provided under this paragraph (A) |
is consistent with other information collected during the |
course of the assessment or investigation. |
(B) The alleged offender's age, a record check for |
prior reports of abuse or neglect, and criminal charges |
and convictions. The alleged offender may submit |
supporting documentation relevant to the assessment. |
(C) Collateral source information regarding the |
alleged abuse or neglect and care of the child. Collateral |
information includes, when relevant: (i) a medical |
examination of the child; (ii) prior medical records |
relating to the alleged maltreatment or care of the child |
maintained by any facility, clinic, or health care |
professional, and an interview with the treating |
professionals; and (iii) interviews with the child's |
caretakers, including the child's parent, guardian, foster |
parent, child care provider, teachers, counselors, family |
members, relatives, and other persons who may have |
knowledge regarding the alleged maltreatment and the care |
of the child. |
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(D) Information on the existence of domestic abuse and |
violence in the home of the child, and substance abuse. |
Nothing in this subsection (a-5) precludes the Department |
from collecting other relevant information necessary to |
conduct the assessment or investigation. Nothing in this |
subsection (a-5) shall be construed to allow the name or |
identity of a reporter to be disclosed in violation of the |
protections afforded under Section 7.19 of this Act. |
After conducting the family assessment, the Department |
shall determine whether services are needed to address the |
safety of the child and other family members and the risk of |
subsequent abuse or neglect. |
Upon completion of the family assessment, if the |
Department concludes that no services shall be offered, then |
the case shall be closed. If the Department concludes that |
services shall be offered, the Department shall develop a |
family preservation plan and offer or refer services to the |
family. |
At any time during a family assessment, if the Department |
believes there is any reason to stop the assessment and |
conduct an investigation based on the information discovered, |
the Department shall do so. |
The procedures available to the Department in conducting |
investigations under this Act shall be followed as appropriate |
during a family assessment. |
If the Department implements a differential response |
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program authorized under this subsection (a-5), the Department |
shall arrange for an independent evaluation of the program for |
at least the first 3 years of implementation to determine |
whether it is meeting the goals in accordance with Section 2 of |
this Act. |
The Department may adopt administrative rules necessary |
for the execution of this Section, in accordance with Section |
4 of the Children and Family Services Act. |
The Department shall submit a report to the General |
Assembly by January 15, 2018 on the implementation progress |
and recommendations for additional needed legislative changes.
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(b)(1) The following procedures shall be followed in the |
investigation
of all reports of suspected abuse or neglect of |
a child, except as provided
in subsection (c) of this Section.
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(2) If, during a family assessment authorized by |
subsection (a-5) or an investigation, it appears that the |
immediate safety or well-being of a child is
endangered, that |
the family may flee or the child disappear, or that the
facts |
otherwise so warrant, the Child Protective Service Unit shall
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commence an investigation immediately, regardless of the time |
of day or
night. All other investigations shall be commenced |
within 24
hours of receipt of the report. Upon receipt of a |
report, the Child
Protective Service Unit shall conduct a |
family assessment authorized by subsection (a-5) or begin an |
initial investigation and make an initial
determination |
whether the report is a good faith indication of alleged
child |
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abuse or neglect.
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(3) Based on an initial investigation, if the Unit |
determines the report is a good faith
indication of alleged |
child abuse or neglect, then a formal investigation
shall |
commence and, pursuant to Section 7.12 of this Act, may or may |
not
result in an indicated report. The formal investigation |
shall include:
direct contact with the subject or subjects of |
the report as soon as
possible after the report is received; an
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evaluation of the environment of the child named in the report |
and any other
children in the same environment; a |
determination of the risk to such
children if they continue to |
remain in the existing environments, as well
as a |
determination of the nature, extent and cause of any condition
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enumerated in such report; the name, age and condition of |
other children in
the environment; and an evaluation as to |
whether there would be an
immediate and urgent necessity to |
remove the child from the environment if
appropriate family |
preservation services were provided. After seeing to
the |
safety of the child or children, the Department shall
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forthwith notify the subjects of the report in writing, of the |
existence
of the report and their rights existing under this |
Act in regard to amendment
or expungement. To fulfill the |
requirements of this Section, the Child
Protective Service |
Unit shall have the capability of providing or arranging
for |
comprehensive emergency services to children and families at |
all times
of the day or night.
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(4) If (i) at the conclusion of the Unit's initial |
investigation of a
report, the Unit determines the report to |
be a good faith indication of
alleged child abuse or neglect |
that warrants a formal investigation by
the Unit, the |
Department, any law enforcement agency or any other
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responsible agency and (ii) the person who is alleged to have |
caused the
abuse or neglect is employed or otherwise engaged |
in an activity resulting
in frequent contact with children and |
the alleged abuse or neglect are in
the course of such |
employment or activity, then the Department shall,
except in |
investigations where the Director determines that such
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notification would be detrimental to the Department's |
investigation, inform
the appropriate supervisor or |
administrator of that employment or activity
that the Unit has |
commenced a formal investigation pursuant to this Act,
which |
may or may not result in an indicated report. The Department |
shall also
notify the person being investigated, unless the |
Director determines that
such notification would be |
detrimental to the Department's investigation.
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(c) In an investigation of a report of suspected abuse or |
neglect of
a child by a school employee at a school or on |
school grounds, the
Department shall make reasonable efforts |
to follow the following procedures:
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(1) Investigations involving teachers shall not, to |
the extent possible,
be conducted when the teacher is |
scheduled to conduct classes.
Investigations involving |
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other school employees shall be conducted so as to
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minimize disruption of the school day. The school employee |
accused of
child abuse or neglect may have his superior, |
his association or union
representative and his attorney |
present at any interview or meeting at
which the teacher |
or administrator is present. The accused school employee
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shall be informed by a representative of the Department, |
at any
interview or meeting, of the accused school |
employee's due process rights
and of the steps in the |
investigation process.
These due
process rights shall also |
include the right of the school employee to
present |
countervailing evidence regarding the accusations. In an |
investigation in which the alleged perpetrator of abuse or |
neglect is a school employee, including, but not limited |
to, a school teacher or administrator, and the |
recommendation is to determine the report to be indicated, |
in addition to other procedures as set forth and defined |
in Department rules and procedures, the employee's due |
process rights shall also include: (i) the right to a copy |
of the investigation summary; (ii) the right to review the |
specific allegations which gave rise to the investigation; |
and (iii) the right to an administrator's teleconference |
which shall be convened to provide the school employee |
with the opportunity to present documentary evidence or |
other information that supports his or her position and to |
provide information before a final finding is entered.
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(2) If a report of neglect or abuse of a child by a |
teacher or
administrator does not involve allegations of |
sexual abuse or extreme
physical abuse, the Child |
Protective Service Unit shall make reasonable
efforts to |
conduct the initial investigation in coordination with the
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employee's supervisor.
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If the Unit determines that the report is a good faith |
indication of
potential child abuse or neglect, it shall |
then commence a formal
investigation under paragraph (3) |
of subsection (b) of this Section.
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(3) If a report of neglect or abuse of a child by a |
teacher or
administrator involves an allegation of sexual |
abuse or extreme physical
abuse, the Child Protective Unit |
shall commence an investigation under
paragraph (2) of |
subsection (b) of this Section.
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(c-5) In any instance in which a report is made or caused |
to made by a school district employee involving the conduct of |
a person employed by the school district, at the time the |
report was made, as required under Section 4 of this Act, the |
Child Protective Service Unit shall send a copy of its final |
finding report to the general superintendent of that school |
district.
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(c-10) The Department may recommend that a school district |
remove a school employee who is the subject of an |
investigation from his or her employment position pending the |
outcome of the investigation; however, all employment |
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decisions regarding school personnel shall be the sole |
responsibility of the school district or employer. The |
Department may not require a school district to remove a |
school employee from his or her employment position or limit |
the school employee's duties pending the outcome of an |
investigation. |
(d) If the Department has contact with an employer, or |
with a religious
institution or religious official having |
supervisory or hierarchical authority
over a member of the |
clergy accused of the abuse of a child,
in the course of its
|
investigation, the Department shall notify the employer or the |
religious
institution or religious official, in writing, when |
a
report is unfounded so that any record of the investigation |
can be expunged
from the employee's or member of the clergy's |
personnel or other
records. The Department shall also notify
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the employee or the member of the clergy, in writing, that |
notification
has been sent to the employer or to the |
appropriate religious institution or
religious official
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informing the employer or religious institution or religious |
official that
the
Department's investigation has resulted in
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an unfounded report.
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(d-1) Whenever a report alleges that a child was abused or |
neglected while receiving care in a hospital, including a |
freestanding psychiatric hospital licensed by the Department |
of Public Health, the Department shall send a copy of its final |
finding to the Director of Public Health and the Director of |
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Healthcare and Family Services. |
(e) Upon request by the Department, the Illinois
State |
Police and law enforcement agencies are
authorized to provide |
criminal history record information
as defined in the Illinois |
Uniform Conviction Information Act and information
maintained |
in
the adjudicatory and dispositional record system as defined |
in Section
2605-355 of the Illinois State Police Law to |
properly
designated
employees of the
Department of Children
|
and Family Services if the Department determines the |
information is
necessary to perform its duties under the |
Abused and
Neglected Child Reporting Act, the Child Care Act |
of 1969, and the Children and
Family Services Act. The
request |
shall be in the form and manner required
by
the Illinois State |
Police. Any information obtained by the Department of
Children
|
and Family Services under this Section is
confidential and may |
not be transmitted outside the Department of Children
and |
Family Services other than to a court of competent |
jurisdiction or unless
otherwise authorized by law.
Any |
employee of the Department of Children and Family Services who |
transmits
confidential information in
violation of this
|
Section or causes the information to be
transmitted in |
violation of this Section is guilty of a Class A
misdemeanor |
unless the transmittal of
the
information is
authorized by |
this Section or otherwise authorized by law.
|
(f) For purposes of this Section, "child abuse or neglect" |
includes abuse or neglect of an adult resident as defined in |
