Bill Text: IL SB0646 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Abused and Neglected Child Reporting Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Engrossed) 2017-05-19 - House Committee Amendment No. 1 Committee Deadline Extended-Rule 9(b) May 26, 2017 [SB0646 Detail]

Download: Illinois-2017-SB0646-Engrossed.html



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1 AN ACT concerning children.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Section 7.4 as follows:
6 (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
7 Sec. 7.4. (a) The Department shall be capable of receiving
8reports of suspected child abuse or neglect 24 hours a day, 7
9days a week. Whenever the Department receives a report alleging
10that a child is a truant as defined in Section 26-2a of The
11School Code, as now or hereafter amended, the Department shall
12notify the superintendent of the school district in which the
13child resides and the appropriate superintendent of the
14educational service region. The notification to the
15appropriate officials by the Department shall not be considered
16an allegation of abuse or neglect under this Act.
17 (a-5) Beginning January 1, 2010, the Department of Children
18and Family Services may implement a 5-year demonstration of a
19"differential response program" in accordance with criteria,
20standards, and procedures prescribed by rule. The program may
21provide that, upon receiving a report, the Department shall
22determine whether to conduct a family assessment or an
23investigation as appropriate to prevent or provide a remedy for

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1child abuse or neglect.
2 For purposes of this subsection (a-5), "family assessment"
3means a comprehensive assessment of child safety, risk of
4subsequent child maltreatment, and family strengths and needs
5that is applied to a child maltreatment report that does not
6allege substantial child endangerment. "Family assessment"
7does not include a determination as to whether child
8maltreatment occurred but does determine the need for services
9to address the safety of family members and the risk of
10subsequent maltreatment.
11 For purposes of this subsection (a-5), "investigation"
12means fact-gathering related to the current safety of a child
13and the risk of subsequent abuse or neglect that determines
14whether a report of suspected child abuse or neglect should be
15indicated or unfounded and whether child protective services
16are needed.
17 Under the "differential response program" implemented
18under this subsection (a-5), the Department:
19 (1) Shall conduct an investigation on reports
20 involving substantial child abuse or neglect.
21 (2) Shall begin an immediate investigation if, at any
22 time when it is using a family assessment response, it
23 determines that there is reason to believe that substantial
24 child abuse or neglect or a serious threat to the child's
25 safety exists.
26 (3) May conduct a family assessment for reports that do

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1 not allege substantial child endangerment. In determining
2 that a family assessment is appropriate, the Department may
3 consider issues including, but not limited to, child
4 safety, parental cooperation, and the need for an immediate
5 response.
6 (4) Shall promulgate criteria, standards, and
7 procedures that shall be applied in making this
8 determination, taking into consideration the Child
9 Endangerment Risk Assessment Protocol of the Department.
10 (5) May conduct a family assessment on a report that
11 was initially screened and assigned for an investigation.
12 In determining that a complete investigation is not
13required, the Department must document the reason for
14terminating the investigation and notify the local law
15enforcement agency or the Department of State Police if the
16local law enforcement agency or Department of State Police is
17conducting a joint investigation.
18 Once it is determined that a "family assessment" will be
19implemented, the case shall not be reported to the central
20register of abuse and neglect reports.
21 During a family assessment, the Department shall collect
22any available and relevant information to determine child
23safety, risk of subsequent abuse or neglect, and family
24strengths.
25 Information collected includes, but is not limited to, when
26relevant: information with regard to the person reporting the

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1alleged abuse or neglect, including the nature of the
2reporter's relationship to the child and to the alleged
3offender, and the basis of the reporter's knowledge for the
4report; the child allegedly being abused or neglected; the
5alleged offender; the child's caretaker; and other collateral
6sources having relevant information related to the alleged
7abuse or neglect. Information relevant to the assessment must
8be asked for, and may include:
9 (A) The child's sex and age, prior reports of abuse or
10 neglect, information relating to developmental
11 functioning, credibility of the child's statement, and
12 whether the information provided under this paragraph (A)
13 is consistent with other information collected during the
14 course of the assessment or investigation.
15 (B) The alleged offender's age, a record check for
16 prior reports of abuse or neglect, and criminal charges and
17 convictions. The alleged offender may submit supporting
18 documentation relevant to the assessment.
19 (C) Collateral source information regarding the
20 alleged abuse or neglect and care of the child. Collateral
21 information includes, when relevant: (i) a medical
22 examination of the child; (ii) prior medical records
23 relating to the alleged maltreatment or care of the child
24 maintained by any facility, clinic, or health care
25 professional, and an interview with the treating
26 professionals; and (iii) interviews with the child's

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1 caretakers, including the child's parent, guardian, foster
2 parent, child care provider, teachers, counselors, family
3 members, relatives, and other persons who may have
4 knowledge regarding the alleged maltreatment and the care
5 of the child.
6 (D) Information on the existence of domestic abuse and
7 violence in the home of the child, and substance abuse.
8 Nothing in this subsection (a-5) precludes the Department
9from collecting other relevant information necessary to
10conduct the assessment or investigation. Nothing in this
11subsection (a-5) shall be construed to allow the name or
12identity of a reporter to be disclosed in violation of the
13protections afforded under Section 7.19 of this Act.
14 After conducting the family assessment, the Department
15shall determine whether services are needed to address the
16safety of the child and other family members and the risk of
17subsequent abuse or neglect.
18 Upon completion of the family assessment, if the Department
19concludes that no services shall be offered, then the case
20shall be closed. If the Department concludes that services
21shall be offered, the Department shall develop a family
22preservation plan and offer or refer services to the family.
23 At any time during a family assessment, if the Department
24believes there is any reason to stop the assessment and conduct
25an investigation based on the information discovered, the
26Department shall do so.

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1 The procedures available to the Department in conducting
2investigations under this Act shall be followed as appropriate
3during a family assessment.
4 The Department shall arrange for an independent evaluation
5of the "differential response program" authorized and
6implemented under this subsection (a-5) to determine whether it
7is meeting the goals in accordance with Section 2 of this Act.
8The Department may adopt administrative rules necessary for the
9execution of this Section, in accordance with Section 4 of the
10Children and Family Services Act.
11 The demonstration conducted under this subsection (a-5)
12shall become a permanent program on July 1, 2016, upon
13completion of the demonstration project period.
14 (a-6) As used in this subsection:
15 "Domestic violence co-location program" means a program,
16administered in partnership with a co-location program
17management entity, where certified domestic violence advocates
18who are trained in domestic violence services and employed
19through a certified domestic violence provider are assigned to
20work in a field office of the Department of Children and Family
21Services alongside and in collaboration with child welfare
22investigators and caseworkers working with families where
23there are indicators of domestic violence.
24 "Domestic violence" has the meaning ascribed to it in the
25Illinois Domestic Violence Act of 1986.
26 "Co-location program management entity" means the

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1organization that partners with the Department to administer
2the domestic violence co-location program.
3 "Certified domestic violence advocate" means a domestic
4violence professional who has completed the requirements as
5specified in the certification criteria of the Illinois
6Certified Domestic Violence Professionals.
7 Subject to appropriations or the availability of other
8funds for this purpose, the Department may implement a 5-year
9pilot program of a domestic violence co-location program. The
10domestic violence co-location program shall be designed to
11improve child welfare interventions provided to families
12experiencing domestic violence in part by enhancing the safety
13and stability of children, reducing the number of children
14removed from their parents, and improving outcomes for children
15within their families through a strength-based and
16trauma-informed collaborative support program. The pilot
17program shall occur in no fewer than 3 Department offices.
18Additional sites may be added during the pilot program, and the
19pilot program may be expanded and converted into a permanent
20statewide program.
21 The Department shall adopt rules and procedures and shall
22develop and facilitate training for the effective
23implementation of the domestic violence co-location program.
24 The Department shall track, collect, report on, and share
25data about domestic violence-affected families, including, but
26not limited to, data related to hotline calls, investigations,

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1protective custody, cases referred to the juvenile court, and
2outcomes of the domestic violence co-location program.
3 The Department may arrange for an independent,
4evidence-based evaluation of the domestic violence co-location
5program authorized and implemented under this subsection to
6determine whether it is meeting its goals. The independent
7evidence-based evaluation may include, but is not limited to,
8data regarding: (i) the number of children removed from their
9parents; (ii) the number of children who remain with the
10non-offending parent; (iii) the number of indicated and
11unfounded investigative findings and corresponding allegations
12of maltreatment for the non-offending parent and domestic
13violence perpetrator; (iv) the number of referrals to the
14co-located certified domestic violence advocates; (v) the
15number of referrals for services; and (vi) the number of months
16that children remained in foster care whose cases involved the
17co-located certified domestic violence advocate.
18 Following the expiration of the 5-year pilot program or
19prior to the expiration of the pilot program, if there is
20evidence that the pilot program is effective, the domestic
21violence co-location program may expand into each county,
22investigative office of the Department of Children and Family
23Services, or purchase of service or other contracted private
24agency delivering intact family or foster care services in
25Illinois.
26 Nothing in this Section shall be construed to breach the

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1confidentiality protections provided under State law to
2domestic violence professionals, including co-located
3certified domestic violence advocates, in the provision of
4services to domestic violence victims as employees of certified
5domestic violence agencies or to any individual who receives
6services from certified domestic violence agencies.
7 (b)(1) The following procedures shall be followed in the
8investigation of all reports of suspected abuse or neglect of a
9child, except as provided in subsection (c) of this Section.
10 (2) If, during a family assessment authorized by subsection
11(a-5) or an investigation, it appears that the immediate safety
12or well-being of a child is endangered, that the family may
13flee or the child disappear, or that the facts otherwise so
14warrant, the Child Protective Service Unit shall commence an
15investigation immediately, regardless of the time of day or
16night. All other investigations shall be commenced within 24
17hours of receipt of the report. Upon receipt of a report, the
18Child Protective Service Unit shall conduct a family assessment
19authorized by subsection (a-5) or begin an initial
20investigation and make an initial determination whether the
21report is a good faith indication of alleged child abuse or
22neglect.
23 (3) Based on an initial investigation, if the Unit
24determines the report is a good faith indication of alleged
25child abuse or neglect, then a formal investigation shall
26commence and, pursuant to Section 7.12 of this Act, may or may

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

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1neglect is employed or otherwise engaged in an activity
2resulting in frequent contact with children and the alleged
3abuse or neglect are in the course of such employment or
4activity, then the Department shall, except in investigations
5where the Director determines that such notification would be
6detrimental to the Department's investigation, inform the
7appropriate supervisor or administrator of that employment or
8activity that the Unit has commenced a formal investigation
9pursuant to this Act, which may or may not result in an
10indicated report. The Department shall also notify the person
11being investigated, unless the Director determines that such
12notification would be detrimental to the Department's
13investigation.
14 (c) In an investigation of a report of suspected abuse or
15neglect of a child by a school employee at a school or on
16school grounds, the Department shall make reasonable efforts to
17follow the following procedures:
18 (1) Investigations involving teachers shall not, to
19 the extent possible, be conducted when the teacher is
20 scheduled to conduct classes. Investigations involving
21 other school employees shall be conducted so as to minimize
22 disruption of the school day. The school employee accused
23 of child abuse or neglect may have his superior, his
24 association or union representative and his attorney
25 present at any interview or meeting at which the teacher or
26 administrator is present. The accused school employee

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1 shall be informed by a representative of the Department, at
2 any interview or meeting, of the accused school employee's
3 due process rights and of the steps in the investigation
4 process. The information shall include, but need not
5 necessarily be limited to the right, subject to the
6 approval of the Department, of the school employee to
7 confront the accuser, if the accuser is 14 years of age or
8 older, or the right to review the specific allegations
9 which gave rise to the investigation, and the right to
10 review all materials and evidence that have been submitted
11 to the Department in support of the allegation. These due
12 process rights shall also include the right of the school
13 employee to present countervailing evidence regarding the
14 accusations.
15 (2) If a report of neglect or abuse of a child by a
16 teacher or administrator does not involve allegations of
17 sexual abuse or extreme physical abuse, the Child
18 Protective Service Unit shall make reasonable efforts to
19 conduct the initial investigation in coordination with the
20 employee's supervisor.
21 If the Unit determines that the report is a good faith
22 indication of potential child abuse or neglect, it shall
23 then commence a formal investigation under paragraph (3) of
24 subsection (b) of this Section.
25 (3) If a report of neglect or abuse of a child by a
26 teacher or administrator involves an allegation of sexual

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1 abuse or extreme physical abuse, the Child Protective Unit
2 shall commence an investigation under paragraph (2) of
3 subsection (b) of this Section.
4 (c-5) In any instance in which a report is made or caused
5to made by a school district employee involving the conduct of
6a person employed by the school district, at the time the
7report was made, as required under Section 4 of this Act, the
8Child Protective Service Unit shall send a copy of its final
9finding report to the general superintendent of that school
10district.
11 (d) If the Department has contact with an employer, or with
12a religious institution or religious official having
13supervisory or hierarchical authority over a member of the
14clergy accused of the abuse of a child, in the course of its
15investigation, the Department shall notify the employer or the
16religious institution or religious official, in writing, when a
17report is unfounded so that any record of the investigation can
18be expunged from the employee's or member of the clergy's
19personnel or other records. The Department shall also notify
20the employee or the member of the clergy, in writing, that
21notification has been sent to the employer or to the
22appropriate religious institution or religious official
23informing the employer or religious institution or religious
24official that the Department's investigation has resulted in an
25unfounded report.
26 (e) Upon request by the Department, the Department of State

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1Police and law enforcement agencies are authorized to provide
2criminal history record information as defined in the Illinois
3Uniform Conviction Information Act and information maintained
4in the adjudicatory and dispositional record system as defined
5in Section 2605-355 of the Department of State Police Law (20
6ILCS 2605/2605-355) to properly designated employees of the
7Department of Children and Family Services if the Department
8determines the information is necessary to perform its duties
9under the Abused and Neglected Child Reporting Act, the Child
10Care Act of 1969, and the Children and Family Services Act. The
11request shall be in the form and manner required by the
12Department of State Police. Any information obtained by the
13Department of Children and Family Services under this Section
14is confidential and may not be transmitted outside the
15Department of Children and Family Services other than to a
16court of competent jurisdiction or unless otherwise authorized
17by law. Any employee of the Department of Children and Family
18Services who transmits confidential information in violation
19of this Section or causes the information to be transmitted in
20violation of this Section is guilty of a Class A misdemeanor
21unless the transmittal of the information is authorized by this
22Section or otherwise authorized by law.
23 (f) For purposes of this Section "child abuse or neglect"
24includes abuse or neglect of an adult resident as defined in
25this Act.
26(Source: P.A. 98-1141, eff. 12-30-14.)
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