Illinois-2013-SB3146-Introduced

98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB3146

Introduced 2/11/2014, by Sen. Mattie Hunter

SYNOPSIS AS INTRODUCED:

325 ILCS 5/7.4 from Ch. 23, par. 2057.4

Amends the Abused and Neglected Child Reporting Act. Provides that beginning January 1, 2015 (rather January 1, 2010), the Department of Children and Family Services shall (rather than may) implement a 3-year (rather than a 5-year) demonstration of a "differential response program" in accordance with criteria, standards, and procedures prescribed by rule. Provides that the program shall (rather than 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. In a provision concerning an independent evaluation of the differential response program, requires (i) the independent evaluator to collect appropriate data about the differential response program and (ii) the Department to provide annual reports and a final report to the General Assembly and to the Governor regarding the differential response program. Requires the Department to adopt any necessary administrative rules for the execution of certain provisions. Provides that the differential response program shall become a permanent program on January 1, 2018 (rather than on January 1, 2015), upon completion of the demonstration project period. Effective immediately.

LRB098 16061 KTG 51114 b

FISCAL NOTE ACT MAY APPLY

A BILL FOR

SB3146

LRB098 16061 KTG 51114 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 Abused and Neglected Child Reporting Act is

5 amended 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

8 reports of suspected child abuse or neglect 24 hours a day, 7

9 days a week. Whenever the Department receives a report alleging

10 that a child is a truant as defined in Section 26-2a of The

11 School Code, as now or hereafter amended, the Department shall

12 notify the superintendent of the school district in which the

13 child resides and the appropriate superintendent of the

14 educational service region. The notification to the

15 appropriate officials by the Department shall not be considered

16 an allegation of abuse or neglect under this Act.

17 (a-5) Beginning January 1, 2015 ~~2010~~, the Department of

18 Children and Family Services shall ~~may~~ implement a 3-year

19 ~~5-year~~ demonstration of a "differential response program" in

20 accordance with criteria, standards, and procedures prescribed

21 by rule. The program shall ~~may~~ provide that, upon receiving a

22 report, the Department shall determine whether to conduct a

23 family assessment or an investigation as appropriate to prevent

SB3146

- 2 -

LRB098 16061 KTG 51114 b

1 or provide a remedy for child abuse or neglect.

2 For purposes of this subsection (a-5), "family assessment"

3 means a comprehensive assessment of child safety, risk of

4 subsequent child maltreatment, and family strengths and needs

5 that is applied to a child maltreatment report that does not

6 allege substantial child endangerment. "Family assessment"

7 does not include a determination as to whether child

8 maltreatment occurred but does determine the need for services

9 to address the safety of family members and the risk of

10 subsequent maltreatment.

11 For purposes of this subsection (a-5), "investigation"

12 means fact-gathering related to the current safety of a child

13 and the risk of subsequent abuse or neglect that determines

14 whether a report of suspected child abuse or neglect should be

15 indicated or unfounded and whether child protective services

16 are needed.

17 Under the "differential response program" implemented

18 under 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

SB3146

- 3 -

LRB098 16061 KTG 51114 b

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

13 required, the Department must document the reason for

14 terminating the investigation and notify the local law

15 enforcement agency or the Department of State Police if the

16 local law enforcement agency or Department of State Police is

17 conducting a joint investigation.

18 Once it is determined that a "family assessment" will be

19 implemented, the case shall not be reported to the central

20 register of abuse and neglect reports.

21 During a family assessment, the Department shall collect

22 any available and relevant information to determine child

23 safety, risk of subsequent abuse or neglect, and family

24 strengths.

25 Information collected includes, but is not limited to, when

26 relevant: information with regard to the person reporting the

SB3146

- 4 -

LRB098 16061 KTG 51114 b

1 alleged abuse or neglect, including the nature of the

2 reporter's relationship to the child and to the alleged

3 offender, and the basis of the reporter's knowledge for the

4 report; the child allegedly being abused or neglected; the

5 alleged offender; the child's caretaker; and other collateral

6 sources having relevant information related to the alleged

7 abuse or neglect. Information relevant to the assessment must

8 be 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

SB3146

- 5 -

LRB098 16061 KTG 51114 b

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

9 from collecting other relevant information necessary to

10 conduct the assessment or investigation. Nothing in this

11 subsection (a-5) shall be construed to allow the name or

12 identity of a reporter to be disclosed in violation of the

13 protections afforded under Section 7.19 of this Act.

14 After conducting the family assessment, the Department

15 shall determine whether services are needed to address the

16 safety of the child and other family members and the risk of

17 subsequent abuse or neglect.

18 Upon completion of the family assessment, if the Department

19 concludes that no services shall be offered, then the case

20 shall be closed. If the Department concludes that services

21 shall be offered, the Department shall develop a family

22 preservation plan and offer or refer services to the family.

23 At any time during a family assessment, if the Department

24 believes there is any reason to stop the assessment and conduct

25 an investigation based on the information discovered, the

26 Department shall do so.

SB3146

- 6 -

LRB098 16061 KTG 51114 b

1 The procedures available to the Department in conducting

2 investigations under this Act shall be followed as appropriate

3 during a family assessment.

4 The Department shall arrange for an independent evaluation

5 of the "differential response program" authorized and

6 implemented under this subsection (a-5) to determine whether it

7 is meeting the goals in accordance with Section 2 of this Act.

8 The independent evaluator shall collect appropriate data about

9 the differential response program. The Department shall

10 provide annual reports to the General Assembly and to the

11 Governor regarding the differential response program no later

12 than March 31st of each year of the demonstration program

13 beginning in 2016, and the final report on the demonstration

14 program shall be submitted no later than March 31, 2018. The

15 Department shall ~~may~~ adopt administrative rules necessary for

16 the execution of this Section, in accordance with Section 4 of

17 the Children and Family Services Act.

18 The demonstration conducted under this subsection (a-5)

19 shall become a permanent program on January 1, 2018 ~~2015~~, upon

20 completion of the demonstration project period.

21 (b) (1) The following procedures shall be followed in the

22 investigation of all reports of suspected abuse or neglect

23 of a child, except as provided in subsection (c) of this

24 Section.

25 (2) If, during a family assessment authorized by

26 subsection (a-5) or an investigation, it appears that the

SB3146

- 7 -

LRB098 16061 KTG 51114 b

1 immediate safety or well-being of a child is endangered,

2 that the family may flee or the child disappear, or that

3 the facts otherwise so warrant, the Child Protective

4 Service Unit shall commence an investigation immediately,

5 regardless of the time of day or night. All other

6 investigations shall be commenced within 24 hours of

7 receipt of the report. Upon receipt of a report, the Child

8 Protective Service Unit shall conduct a family assessment

9 authorized by subsection (a-5) or begin an initial

10 investigation and make an initial determination whether

11 the report is a good faith indication of alleged child

12 abuse or neglect.

13 (3) Based on an initial investigation, if the Unit

14 determines the report is a good faith indication of alleged

15 child abuse or neglect, then a formal investigation shall

16 commence and, pursuant to Section 7.12 of this Act, may or

17 may not result in an indicated report. The formal

18 investigation shall include: direct contact with the

19 subject or subjects of the report as soon as possible after

20 the report is received; an evaluation of the environment of

21 the child named in the report and any other children in the

22 same environment; a determination of the risk to such

23 children if they continue to remain in the existing

24 environments, as well as a determination of the nature,

25 extent and cause of any condition enumerated in such

26 report; the name, age and condition of other children in

SB3146

- 8 -

LRB098 16061 KTG 51114 b

1 the environment; and an evaluation as to whether there

2 would be an immediate and urgent necessity to remove the

3 child from the environment if appropriate family

4 preservation services were provided. After seeing to the

5 safety of the child or children, the Department shall

6 forthwith notify the subjects of the report in writing, of

7 the existence of the report and their rights existing under

8 this Act in regard to amendment or expungement. To fulfill

9 the requirements of this Section, the Child Protective

10 Service Unit shall have the capability of providing or

11 arranging for comprehensive emergency services to children

12 and families at all times of the day or night.

13 (4) If (i) at the conclusion of the Unit's initial

14 investigation of a report, the Unit determines the report

15 to be a good faith indication of alleged child abuse or

16 neglect that warrants a formal investigation by the Unit,

17 the Department, any law enforcement agency or any other

18 responsible agency and (ii) the person who is alleged to

19 have caused the abuse or neglect is employed or otherwise

20 engaged in an activity resulting in frequent contact with

21 children and the alleged abuse or neglect are in the course

22 of such employment or activity, then the Department shall,

23 except in investigations where the Director determines

24 that such notification would be detrimental to the

25 Department's investigation, inform the appropriate

26 supervisor or administrator of that employment or activity

SB3146

- 9 -

LRB098 16061 KTG 51114 b

1 that the Unit has commenced a formal investigation pursuant

2 to this Act, which may or may not result in an indicated

3 report. The Department shall also notify the person being

4 investigated, unless the Director determines that such

5 notification would be detrimental to the Department's

6 investigation.

7 (c) In an investigation of a report of suspected abuse or

8 neglect of a child by a school employee at a school or on

9 school grounds, the Department shall make reasonable efforts to

10 follow the following procedures:

11 (1) Investigations involving teachers shall not, to

12 the extent possible, be conducted when the teacher is

13 scheduled to conduct classes. Investigations involving

14 other school employees shall be conducted so as to minimize

15 disruption of the school day. The school employee accused

16 of child abuse or neglect may have his superior, his

17 association or union representative and his attorney

18 present at any interview or meeting at which the teacher or

19 administrator is present. The accused school employee

20 shall be informed by a representative of the Department, at

21 any interview or meeting, of the accused school employee's

22 due process rights and of the steps in the investigation

23 process. The information shall include, but need not

24 necessarily be limited to the right, subject to the

25 approval of the Department, of the school employee to

26 confront the accuser, if the accuser is 14 years of age or

SB3146

- 10 -

LRB098 16061 KTG 51114 b

1 older, or the right to review the specific allegations

2 which gave rise to the investigation, and the right to

3 review all materials and evidence that have been submitted

4 to the Department in support of the allegation. These due

5 process rights shall also include the right of the school

6 employee to present countervailing evidence regarding the

7 accusations.

8 (2) If a report of neglect or abuse of a child by a

9 teacher or administrator does not involve allegations of

10 sexual abuse or extreme physical abuse, the Child

11 Protective Service Unit shall make reasonable efforts to

12 conduct the initial investigation in coordination with the

13 employee's supervisor.

14 If the Unit determines that the report is a good faith

15 indication of potential child abuse or neglect, it shall

16 then commence a formal investigation under paragraph (3) of

17 subsection (b) of this Section.

18 (3) If a report of neglect or abuse of a child by a

19 teacher or administrator involves an allegation of sexual

20 abuse or extreme physical abuse, the Child Protective Unit

21 shall commence an investigation under paragraph (2) of

22 subsection (b) of this Section.

23 (c-5) In any instance in which a report is made or caused

24 to made by a school district employee involving the conduct of

25 a person employed by the school district, at the time the

26 report was made, as required under Section 4 of this Act, the

SB3146

- 11 -

LRB098 16061 KTG 51114 b

1 Child Protective Service Unit shall send a copy of its final

2 finding report to the general superintendent of that school

3 district.

4 (d) If the Department has contact with an employer, or with

5 a religious institution or religious official having

6 supervisory or hierarchical authority over a member of the

7 clergy accused of the abuse of a child, in the course of its

8 investigation, the Department shall notify the employer or the

9 religious institution or religious official, in writing, when a

10 report is unfounded so that any record of the investigation can

11 be expunged from the employee's or member of the clergy's

12 personnel or other records. The Department shall also notify

13 the employee or the member of the clergy, in writing, that

14 notification has been sent to the employer or to the

15 appropriate religious institution or religious official

16 informing the employer or religious institution or religious

17 official that the Department's investigation has resulted in an

18 unfounded report.

19 (e) Upon request by the Department, the Department of State

20 Police and law enforcement agencies are authorized to provide

21 criminal history record information as defined in the Illinois

22 Uniform Conviction Information Act and information maintained

23 in the adjudicatory and dispositional record system as defined

24 in Section 2605-355 of the Department of State Police Law (20

25 ILCS 2605/2605-355) to properly designated employees of the

26 Department of Children and Family Services if the Department

SB3146

- 12 -

LRB098 16061 KTG 51114 b

1 determines the information is necessary to perform its duties

2 under the Abused and Neglected Child Reporting Act, the Child

3 Care Act of 1969, and the Children and Family Services Act. The

4 request shall be in the form and manner required by the

5 Department of State Police. Any information obtained by the

6 Department of Children and Family Services under this Section

7 is confidential and may not be transmitted outside the

8 Department of Children and Family Services other than to a

9 court of competent jurisdiction or unless otherwise authorized

10 by law. Any employee of the Department of Children and Family

11 Services who transmits confidential information in violation

12 of this Section or causes the information to be transmitted in

13 violation of this Section is guilty of a Class A misdemeanor

14 unless the transmittal of the information is authorized by this

15 Section or otherwise authorized by law.

16 (f) For purposes of this Section "child abuse or neglect"

17 includes abuse or neglect of an adult resident as defined in

18 this Act.

19 (Source: P.A. 95-908, eff. 8-26-08; 96-760, eff. 1-1-10;

20 96-1446, eff. 8-20-10.)

21 Section 99. Effective date. This Act takes effect upon

22 becoming law.