Bill Text: IL SB0378 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Abused and Neglected Child Reporting Act. Sets forth certain protections that must be provided to the parent or guardian of a child at the center of an abuse or neglect investigation whenever the Department of Children and Family Services refers a child to a medical professional. Defines "medical professional". Provides that the medical professional must explain to the parent or guardian of the child, whenever the medical professional has direct contact with the child or the family of the child, that the medical professional is involved for the purpose of providing an opinion to the Department regarding whether the child's injury or condition is suspicious for child maltreatment. Provides that, in any investigation where a medical professional is providing a medical opinion to the Department, the Department shall inform the parent or guardian of the child at the center of an investigation: (i) of the right to request and receive a copy of the medical professional's opinion, including the basis for the opinion, and a copy of any written report the medical professional has provided to the Department; (ii) of the right to obtain, at the parent's or guardian's own expense, and submit to the Department a second medical opinion for consideration in the investigation at any time prior to the conclusion of the investigation; (iii) that any second medical opinion submitted to the Department prior to the Department rendering a final determination in the investigation will be considered as inculpatory or exculpatory evidence; and (iv) of the Department's time frames for the investigative process. Requires the Department to annually prepare and make available on the Department's Reports and Statistics webpage a report on the number of children or families referred by the Department to a medical professional as part of an investigation of abuse or neglect by the Department. Sets forth the information that must be contained in the annual reports. Provides that the first report must be posted within 9 months after the effective date of the amendatory Act.

Spectrum: Moderate Partisan Bill (Democrat 18-4)

Status: (Engrossed) 2024-05-22 - Added Alternate Co-Sponsor Rep. Amy L. Grant [SB0378 Detail]

Download: Illinois-2023-SB0378-Engrossed.html

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AN ACT concerning children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Abused and Neglected Child Reporting Act is
amended by changing Section 7.4 as follows:
(325 ILCS 5/7.4)
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
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.
(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

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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"
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

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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
procedures that shall be applied in making this
determination, taking into consideration the Safety-Based
Child Welfare Intervention System 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

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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
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

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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.
(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,

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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
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.
(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.
(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
commence an investigation immediately, regardless of the time
of day or night. All other investigations shall be commenced

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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
abuse or neglect.
(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
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
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
forthwith notify the subjects of the report in writing, of the
existence of the report and their rights existing under this

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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.
(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
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
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.
(c) In an investigation of a report of suspected abuse or
neglect of a child by a school employee at a school or on

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school grounds, the Department shall make reasonable efforts
to follow the following procedures:
(1) Investigations involving teachers shall not, to
the extent possible, be conducted when the teacher is
scheduled to conduct classes. Investigations involving
other school employees shall be conducted so as to
minimize disruption of the school day. The school employee
accused of child abuse or neglect may have the school
employee's superior, the school employee's association or
union representative, and the school employee's attorney
present at any interview or meeting at which the teacher
or administrator is present. The accused school employee
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

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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 the school employee's
position and to provide information before a final finding
is entered.
(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
employee's supervisor.
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.
(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.
(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

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Child Protective Service Unit shall send a copy of its final
finding report to the general superintendent of that school
district.
(c-10) The Department may recommend that a school district
remove a school employee who is the subject of an
investigation from the school employee's employment position
pending the outcome of the investigation; however, all
employment 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 the school employee's 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
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
informing the employer or religious institution or religious

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official that the Department's investigation has resulted in
an unfounded report.
(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
Healthcare and Family Services.
(d-1.5) For the purposes of this Section, "medical
professional" means any physician, nurse practitioner,
physician assistant, nurse, resident, or subspecialist who is
not part of the child's initial care team and whose
involvement is pursuant to any contract, memorandum of
understanding, or other agreement with the Department or an
entity that is accredited by statute to collaborate with the
Department for purposes of child abuse investigations.
(d-2) In any investigation involving a medical
professional conducted in accordance with this Act, the
following protections shall be provided to the parent or
guardian of the child at the center of an investigation:
(1) The medical professional must explain to the
parent or guardian of the child, whenever the medical
professional has direct contact with the child or the
family of the child, that the medical professional is
involved for the purpose of providing an opinion to the
Department regarding whether the child's injury or

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condition is suspicious for child maltreatment. The
medical professional must explain that he or she may be
required to communicate with law enforcement and provide
court testimony. The medical professional must also
provide the child's parent or guardian with accurate
information about his or her medical specialties.
(2) In any investigation where a medical professional
is providing a medical opinion to the Department, the
Department shall inform the parent or guardian of the
child at the center of an investigation:
(A) of his or her right to request and receive a
copy of the medical professional's opinion, including
the basis for the opinion, and a copy of any written
report the medical professional has provided to the
Department;
(B) of his or her right to obtain, at his or her
own expense, and submit to the Department a second
medical opinion for consideration in the investigation
at any time prior to the conclusion of the
investigation;
(C) that any second medical opinion submitted to
the Department prior to the Department rendering a
final determination in the investigation will be
considered as inculpatory or exculpatory evidence; and
(D) of the Department's time frames for the
investigative process.

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(d-3) The Department shall annually prepare and make
available on the Department's Reports and Statistics webpage a
report on the number of investigations in which a medical
professional has provided an opinion to the Department. The
report shall not contain any personally identifiable
information about a child referred, the family members of such
a child, or the medical professional. If the number of cases in
any category of information under items (4) through (9) of
this subsection is less than 10, the Department shall not
include that information in the report. The first report must
be posted within 9 months after the effective date of this
amendatory Act of the 103rd General Assembly. The first report
and each annual report thereafter shall contain the following
information regarding cases referred by the Department to a
medical professional:
(1) The total number of abuse or neglect cases in
which a medical professional has provided an opinion to
the Department, with separate line items for:
(A) the total number of abuse and neglect cases
that the Department determined were indicated but were
appealed and the outcomes of those appeals, organized
as follows:
(i) first, by the total number of indicated
cases appealed via administrative appeal hearing
before an administrative law judge and the
outcomes of those hearings; and

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(ii) second, by the total number of cases in
which an administrative law judge's affirmance of
the indicated findings was appealed to a court and
the outcomes of the court's findings; and
(B) the total number of abuse and neglect cases
that were indicated by the Department but indicated as
to an unknown perpetrator.
(2) The total number of abuse or neglect cases
referred by the Department to a medical professional that
the Department determined were unfounded.
(3) The total number of abuse or neglect cases
referred by the Department to a medical professional in
which a petition for adjudication of wardship was filed.
(4) The total number of abuse and neglect cases
referred by the Department to a medical professional under
paragraphs (1), (2), and (3) organized by abuse
allegation.
(5) The total number of abuse and neglect cases
referred by the Department to a medical professional under
paragraphs (1), (2), and (3) organized by DCFS region.
(6) The total number of abuse and neglect cases
referred by the Department to a medical professional under
paragraphs (1), (2), and (3) organized by race of the
child.
(7) The total number of abuse and neglect cases
referred by the Department to a medical professional under

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paragraphs (1), (2), and (3) organized by gender of the
child.
(8) The total number of abuse and neglect cases under
paragraphs (1), (2), and (3) involving children with
safety plans.
(9) The total number of abuse and neglect cases under
paragraphs (1), (2), and (3) where the child was put in
protective custody.
(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

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