Bill Text: IL SB1239 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Abused and Neglected Child Reporting Act. Provides that any report received by the Department of Children and Family Services alleging the abuse or neglect of a child by a person who is not the child's parent, a member of the child's immediate family, a person responsible for the child's welfare, an individual residing in the same home as the child, or a paramour of the child's parent shall immediately be referred to the appropriate local enforcement agency and State's Attorney for consideration of criminal investigation or other action.

Spectrum: Slight Partisan Bill (Democrat 11-4)

Status: (Enrolled) 2019-06-28 - Sent to the Governor [SB1239 Detail]

Download: Illinois-2019-SB1239-Enrolled.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 Sections 7 and 7.3 as follows:
6 (325 ILCS 5/7) (from Ch. 23, par. 2057)
7 Sec. 7. Time and manner of making reports. All reports of
8suspected child abuse or neglect made under this Act shall be
9made immediately by telephone to the central register
10established under Section 7.7 on the single, State-wide,
11toll-free telephone number established in Section 7.6, or in
12person or by telephone through the nearest Department office.
13The Department shall, in cooperation with school officials,
14distribute appropriate materials in school buildings listing
15the toll-free telephone number established in Section 7.6,
16including methods of making a report under this Act. The
17Department may, in cooperation with appropriate members of the
18clergy, distribute appropriate materials in churches,
19synagogues, temples, mosques, or other religious buildings
20listing the toll-free telephone number established in Section
217.6, including methods of making a report under this Act.
22 Wherever the Statewide number is posted, there shall also
23be posted the following notice:

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1 "Any person who knowingly transmits a false report to the
2Department commits the offense of disorderly conduct under
3subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.
4A violation of this subsection is a Class 4 felony."
5 The report required by this Act shall include, if known,
6the name and address of the child and his parents or other
7persons having his custody; the child's age; the nature of the
8child's condition including any evidence of previous injuries
9or disabilities; and any other information that the person
10filing the report believes might be helpful in establishing the
11cause of such abuse or neglect and the identity of the person
12believed to have caused such abuse or neglect. Reports made to
13the central register through the State-wide, toll-free
14telephone number shall be immediately transmitted by the
15Department to the appropriate Child Protective Service Unit.
16All such reports alleging the death of a child, serious injury
17to a child including, but not limited to, brain damage, skull
18fractures, subdural hematomas, and internal injuries, torture
19of a child, malnutrition of a child, and sexual abuse to a
20child, including, but not limited to, sexual intercourse,
21sexual exploitation, sexual molestation, and sexually
22transmitted disease in a child age 12 and under, shall also be
23immediately transmitted by the Department to the appropriate
24local law enforcement agency. The Department shall within 24
25hours orally notify local law enforcement personnel and the
26office of the State's Attorney of the involved county of the

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1receipt of any report alleging the death of a child, serious
2injury to a child including, but not limited to, brain damage,
3skull fractures, subdural hematomas, and, internal injuries,
4torture of a child, malnutrition of a child, and sexual abuse
5to a child, including, but not limited to, sexual intercourse,
6sexual exploitation, sexual molestation, and sexually
7transmitted disease in a child age twelve and under. All oral
8reports made by the Department to local law enforcement
9personnel and the office of the State's Attorney of the
10involved county shall be confirmed in writing within 24 hours
11of the oral report. All reports by persons mandated to report
12under this Act shall be confirmed in writing to the appropriate
13Child Protective Service Unit, which may be on forms supplied
14by the Department, within 48 hours of any initial report.
15 Any report received by the Department alleging the abuse or
16neglect of a child by a person who is not the child's parent, a
17member of the child's immediate family, a person responsible
18for the child's welfare, an individual residing in the same
19home as the child, or a paramour of the child's parent shall
20immediately be referred to the appropriate local law
21enforcement agency for consideration of criminal investigation
22or other action.
23 Written confirmation reports from persons not required to
24report by this Act may be made to the appropriate Child
25Protective Service Unit. Written reports from persons required
26by this Act to report shall be admissible in evidence in any

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1judicial proceeding or administrative hearing relating to
2child abuse or neglect. Reports involving known or suspected
3child abuse or neglect in public or private residential
4agencies or institutions shall be made and received in the same
5manner as all other reports made under this Act.
6 For purposes of this Section "child" includes an adult
7resident as defined in this Act.
8(Source: P.A. 96-1446, eff. 8-20-10; 97-189, eff. 7-22-11;
997-387, eff. 8-15-11; 97-813, eff. 7-13-12; 97-1150, eff.
101-25-13.)
11 (325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
12 Sec. 7.3. (a) The Department shall be the sole agency
13responsible for receiving and investigating reports of child
14abuse or neglect made under this Act, including reports of
15adult resident abuse or neglect as defined in this Act, except
16where investigations by other agencies may be required with
17respect to reports alleging the abuse or neglect of a child by
18a person who is not the child's parent, a member of the child's
19immediate family, a person responsible for the child's welfare,
20an individual residing in the same home as the child, or a
21paramour of the child's parent, the death of a child, serious
22injury to a child or sexual abuse to a child made pursuant to
23Sections 4.1 or 7 of this Act, and except that the Department
24may delegate the performance of the investigation to the
25Department of State Police, a law enforcement agency and to

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1those private social service agencies which have been
2designated for this purpose by the Department prior to July 1,
31980.
4 (b) Notwithstanding any other provision of this Act, the
5Department shall adopt rules expressly allowing law
6enforcement personnel to investigate reports of suspected
7child abuse or neglect concurrently with the Department,
8without regard to whether the Department determines a report to
9be "indicated" or "unfounded" or deems a report to be
10"undetermined".
11 (c) By June 1, 2016, the Department shall adopt rules that
12address and set forth criteria and standards relevant to
13investigations of reports of abuse or neglect committed by any
14agency, as defined in Section 3 of this Act, or person working
15for an agency responsible for the welfare of a child or adult
16resident.
17(Source: P.A. 99-350, eff. 6-1-16.)
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