Bill Text: IL SB1778 | 2019-2020 | 101st General Assembly | Engrossed


Bill Title: Amends the Abused and Neglected Child Reporting Act. Removes the list of mandated reports under the Act and instead lists several categories of professionals required to report suspected child abuse and neglect to the Department of Children and Family Services, including: (1) medical personnel; (2) social services and mental health personnel; and (3) crisis intervention personnel. Provides that when 2 or more persons who work within the same workplace and are required to report under the Act share a reasonable cause to believe that a child may be an abused or neglected child, a single report may be made by a designated reporter. Provides that nothing in the Act requires a child to come before the mandated reporter in order for the reporter to make a report of suspected child abuse or child neglect. Provides that persons required to report under the Act must complete mandated reporter training provided through or approved by the Department and that the training must be completed within a specified timeframe. Requires the Department to adopt rules by January 1, 2020 on its process for approving mandated reporter training. Provides that, by January 1, 2021, continuing education requirements for persons licensed by the Department of Financial and Professional Regulation must include mandated reporter training. Requires the Department, by January 1, 2020, to adopt rules and procedures for educating members of the public about their right to report child abuse or neglect. Requires the Department to seek assistance from businesses and organizations on raising awareness about child abuse and child neglect and the Department's statewide toll-free child abuse hotline.

Spectrum: Partisan Bill (Democrat 44-0)

Status: (Engrossed) 2019-05-22 - Added Alternate Co-Sponsor Rep. Deb Conroy [SB1778 Detail]

Download: Illinois-2019-SB1778-Engrossed.html



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1 AN ACT concerning State government.
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 4 and 11.5 as follows:
6 (325 ILCS 5/4)
7 Sec. 4. Persons required to report; privileged
8communications; transmitting false report.
9 (a) The following persons are required to immediately
10report to the Department when they have reasonable cause to
11believe that a child known to them in their professional or
12official capacities may be an abused child or a neglected
13child:
14 (1) Medical personnel, including any: physician
15 licensed to practice medicine in any of its branches
16 (medical doctor or doctor of osteopathy); resident;
17 intern; medical administrator or personnel engaged in the
18 examination, care, and treatment of persons; psychiatrist;
19 surgeon; dentist; dental hygienist; chiropractic
20 physician; podiatric physician; physician assistant;
21 emergency medical technician; acupuncturist; registered
22 nurse; licensed practical nurse; advanced practice
23 registered nurse; genetic counselor; respiratory care

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1 practitioner; home health aide; or certified nursing
2 assistant.
3 (2) Social services and mental health personnel,
4 including any: licensed professional counselor; licensed
5 clinical professional counselor; licensed social worker;
6 licensed clinical social worker; licensed psychologist or
7 assistant working under the direct supervision of a
8 psychologist; associate licensed marriage and family
9 therapist; licensed marriage and family therapist; field
10 personnel of the Departments of Healthcare and Family
11 Services, Public Health, Human Services, Human Rights, or
12 Children and Family Services; supervisor or administrator
13 of the General Assistance program established under
14 Article VI of the Illinois Public Aid Code; social services
15 administrator; or substance abuse treatment personnel.
16 (3) Crisis intervention personnel, including any:
17 crisis line or hotline personnel; or domestic violence
18 program personnel.
19 (4) Education personnel, including any: school
20 personnel (including administrators and certified and
21 non-certified school employees); personnel of institutions
22 of higher education; educational advocate assigned to a
23 child in accordance with the School Code; member of a
24 school board or the Chicago Board of Education or the
25 governing body of a private school (but only to the extent
26 required under subsection (d)); or truant officer.

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1 (5) Recreation or athletic program or facility
2 personnel.
3 (6) Child care personnel, including any: early
4 intervention provider as defined in the Early Intervention
5 Services System Act; director or staff assistant of a
6 nursery school or a child day care center; or foster
7 parent, homemaker, or child care worker.
8 (7) Law enforcement personnel, including any: law
9 enforcement officer; field personnel of the Department of
10 Juvenile Justice; field personnel of the Department of
11 Corrections; probation officer; or animal control officer
12 or field investigator of the Department of Agriculture's
13 Bureau of Animal Health and Welfare.
14 (8) Any funeral home director; funeral home director
15 and embalmer; funeral home employee; coroner; or medical
16 examiner.
17 (9) Any member of the clergy.
18 (10) Any physician, physician assistant, registered
19 nurse, licensed practical nurse, medical technician,
20 certified nursing assistant, licensed social worker,
21 licensed clinical social worker, or licensed professional
22 counselor of any office, clinic, or any other physical
23 location that provides abortions, abortion referrals, or
24 contraceptives.
25 (b) When 2 or more persons who work within the same
26workplace and are required to report under this Act share a

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1reasonable cause to believe that a child may be an abused or
2neglected child, one of those reporters may be designated to
3make a single report. The report shall include the names and
4contact information for the other mandated reporters sharing
5the reasonable cause to believe that a child may be an abused
6or neglected child. The designated reporter must provide
7written confirmation of the report to those mandated reporters
8within 48 hours. If confirmation is not provided, those
9mandated reporters are individually responsible for
10immediately ensuring a report is made. Nothing in this Section
11precludes or may be used to preclude any person from reporting
12child abuse or child neglect.
13 (c)(1) As used in this Section, "a child known to them in
14their professional or official capacities" means:
15 (A) the mandated reporter comes into contact with the
16 child in the course of the reporter's employment or
17 practice of a profession, or through a regularly scheduled
18 program, activity, or service;
19 (B) the mandated reporter is affiliated with an agency,
20 institution, organization, school, school district,
21 regularly established church or religious organization, or
22 other entity that is directly responsible for the care,
23 supervision, guidance, or training of the child; or
24 (C) a person makes a specific disclosure to the
25 mandated reporter that an identifiable child is the victim
26 of child abuse or child neglect, and the disclosure happens

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1 while the mandated reporter is engaged in his or her
2 employment or practice of a profession, or in a regularly
3 scheduled program, activity, or service.
4 (2) Nothing in this Section requires a child to come before
5the mandated reporter in order for the reporter to make a
6report of suspected child abuse or child neglect.
7Any physician, resident, intern, hospital, hospital
8administrator and personnel engaged in examination, care and
9treatment of persons, surgeon, dentist, dentist hygienist,
10osteopath, chiropractor, podiatric physician, physician
11assistant, substance abuse treatment personnel, funeral home
12director or employee, coroner, medical examiner, emergency
13medical technician, acupuncturist, crisis line or hotline
14personnel, school personnel (including administrators and both
15certified and non-certified school employees), personnel of
16institutions of higher education, educational advocate
17assigned to a child pursuant to the School Code, member of a
18school board or the Chicago Board of Education or the governing
19body of a private school (but only to the extent required in
20accordance with other provisions of this Section expressly
21concerning the duty of school board members to report suspected
22child abuse), truant officers, social worker, social services
23administrator, domestic violence program personnel, registered
24nurse, licensed practical nurse, genetic counselor,
25respiratory care practitioner, advanced practice registered
26nurse, home health aide, director or staff assistant of a

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1nursery school or a child day care center, recreational or
2athletic program or facility personnel, early intervention
3provider as defined in the Early Intervention Services System
4Act, law enforcement officer, licensed professional counselor,
5licensed clinical professional counselor, registered
6psychologist and assistants working under the direct
7supervision of a psychologist, psychiatrist, or field
8personnel of the Department of Healthcare and Family Services,
9Juvenile Justice, Public Health, Human Services (acting as
10successor to the Department of Mental Health and Developmental
11Disabilities, Rehabilitation Services, or Public Aid),
12Corrections, Human Rights, or Children and Family Services,
13supervisor and administrator of general assistance under the
14Illinois Public Aid Code, probation officer, animal control
15officer or Illinois Department of Agriculture Bureau of Animal
16Health and Welfare field investigator, or any other foster
17parent, homemaker or child care worker having reasonable cause
18to believe a child known to them in their professional or
19official capacity may be an abused child or a neglected child
20shall immediately report or cause a report to be made to the
21Department.
22 Any member of the clergy having reasonable cause to believe
23that a child known to that member of the clergy in his or her
24professional capacity may be an abused child as defined in item
25(c) of the definition of "abused child" in Section 3 of this
26Act shall immediately report or cause a report to be made to

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1the Department.
2 Any physician, physician's assistant, registered nurse,
3licensed practical nurse, medical technician, certified
4nursing assistant, social worker, or licensed professional
5counselor of any office, clinic, or any other physical location
6that provides abortions, abortion referrals, or contraceptives
7having reasonable cause to believe a child known to him or her
8in his or her professional or official capacity may be an
9abused child or a neglected child shall immediately report or
10cause a report to be made to the Department.
11 (d) If an allegation is raised to a school board member
12during the course of an open or closed school board meeting
13that a child who is enrolled in the school district of which he
14or she is a board member is an abused child as defined in
15Section 3 of this Act, the member shall direct or cause the
16school board to direct the superintendent of the school
17district or other equivalent school administrator to comply
18with the requirements of this Act concerning the reporting of
19child abuse. For purposes of this paragraph, a school board
20member is granted the authority in his or her individual
21capacity to direct the superintendent of the school district or
22other equivalent school administrator to comply with the
23requirements of this Act concerning the reporting of child
24abuse.
25 Notwithstanding any other provision of this Act, if an
26employee of a school district has made a report or caused a

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1report to be made to the Department under this Act involving
2the conduct of a current or former employee of the school
3district and a request is made by another school district for
4the provision of information concerning the job performance or
5qualifications of the current or former employee because he or
6she is an applicant for employment with the requesting school
7district, the general superintendent of the school district to
8which the request is being made must disclose to the requesting
9school district the fact that an employee of the school
10district has made a report involving the conduct of the
11applicant or caused a report to be made to the Department, as
12required under this Act. Only the fact that an employee of the
13school district has made a report involving the conduct of the
14applicant or caused a report to be made to the Department may
15be disclosed by the general superintendent of the school
16district to which the request for information concerning the
17applicant is made, and this fact may be disclosed only in cases
18where the employee and the general superintendent have not been
19informed by the Department that the allegations were unfounded.
20An employee of a school district who is or has been the subject
21of a report made pursuant to this Act during his or her
22employment with the school district must be informed by that
23school district that if he or she applies for employment with
24another school district, the general superintendent of the
25former school district, upon the request of the school district
26to which the employee applies, shall notify that requesting

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1school district that the employee is or was the subject of such
2a report.
3 (e) Whenever such person is required to report under this
4Act in his capacity as a member of the staff of a medical or
5other public or private institution, school, facility or
6agency, or as a member of the clergy, he shall make report
7immediately to the Department in accordance with the provisions
8of this Act and may also notify the person in charge of such
9institution, school, facility or agency, or church, synagogue,
10temple, mosque, or other religious institution, or his
11designated agent that such report has been made. Under no
12circumstances shall any person in charge of such institution,
13school, facility or agency, or church, synagogue, temple,
14mosque, or other religious institution, or his designated agent
15to whom such notification has been made, exercise any control,
16restraint, modification or other change in the report or the
17forwarding of such report to the Department.
18 (f) In addition to the persons required to report suspected
19cases of child abuse or child neglect under this Section, any
20other person may make a report if such person has reasonable
21cause to believe a child may be an abused child or a neglected
22child.
23 (g) The privileged quality of communication between any
24professional person required to report and his patient or
25client shall not apply to situations involving abused or
26neglected children and shall not constitute grounds for failure

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1to report as required by this Act or constitute grounds for
2failure to share information or documents with the Department
3during the course of a child abuse or neglect investigation. If
4requested by the professional, the Department shall confirm in
5writing that the information or documents disclosed by the
6professional were gathered in the course of a child abuse or
7neglect investigation.
8 The reporting requirements of this Act shall not apply to
9the contents of a privileged communication between an attorney
10and his or her client or to confidential information within the
11meaning of Rule 1.6 of the Illinois Rules of Professional
12Conduct relating to the legal representation of an individual
13client.
14 A member of the clergy may claim the privilege under
15Section 8-803 of the Code of Civil Procedure.
16 (h) Any office, clinic, or any other physical location that
17provides abortions, abortion referrals, or contraceptives
18shall provide to all office personnel copies of written
19information and training materials about abuse and neglect and
20the requirements of this Act that are provided to employees of
21the office, clinic, or physical location who are required to
22make reports to the Department under this Act, and instruct
23such office personnel to bring to the attention of an employee
24of the office, clinic, or physical location who is required to
25make reports to the Department under this Act any reasonable
26suspicion that a child known to him or her in his or her

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1professional or official capacity may be an abused child or a
2neglected child. In addition to the above persons required to
3report suspected cases of abused or neglected children, any
4other person may make a report if such person has reasonable
5cause to believe a child may be an abused child or a neglected
6child.
7 (i) Any person who enters into employment on and after July
81, 1986 and is mandated by virtue of that employment to report
9under this Act, shall sign a statement on a form prescribed by
10the Department, to the effect that the employee has knowledge
11and understanding of the reporting requirements of this Act. On
12and after January 1, 2019, the statement shall also include
13information about available mandated reporter training
14provided by the Department. The statement shall be signed prior
15to commencement of the employment. The signed statement shall
16be retained by the employer. The cost of printing,
17distribution, and filing of the statement shall be borne by the
18employer.
19 (j) Persons Within one year of initial employment and at
20least every 5 years thereafter, school personnel required to
21report child abuse or child neglect as provided under this
22Section must complete mandated reporter training within 3
23months of their date of engagement in a professional or
24official capacity as a mandated reporter, and at least every 3
25years thereafter. The initial 3-month requirement only applies
26to the first time they engage in their professional or official

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1capacity and may be extended to 6 months pursuant to any other
2applicable State law that governs training requirements for a
3specific profession. In lieu of training every 3 years, medical
4personnel, as listed in paragraph (1) of subsection (a), must
5meet the requirements described in subsection (k).
6 The trainings shall be in-person or web-based, and shall
7include, at a minimum, information on the following topics: (i)
8indicators for recognizing child abuse and child neglect, as
9defined under this Act; (ii) the process for reporting
10suspected child abuse and child neglect in Illinois as required
11by this Act and the required documentation; (iii) responding to
12a child in a trauma-informed manner; and (iv) understanding the
13response of child protective services and the role of the
14reporter after a call has been made. Child-serving
15organizations are encouraged to provide in-person annual
16trainings.
17 The mandated reporter training shall be provided through
18the Department, through an entity authorized to provide
19continuing education for professionals licensed through the
20Department of Financial and Professional Regulation, the State
21Board of Education, the Illinois Law Enforcement Training
22Standards Board, or the Department of State Police, or through
23an organization approved by the Department to provide mandated
24reporter training. The Department must make available a free
25web-based training for reporters.
26 Each mandated reporter shall report to his or her employer

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1and, when applicable, to his or her licensing or certification
2board that he or she received the mandated reporter training.
3The mandated reporter shall maintain records of completion.
4 Beginning January 1, 2021, if a mandated reporter receives
5licensure from the Department of Financial and Professional
6Regulation or the State Board of Education, and his or her
7profession has continuing education requirements, the training
8mandated under this Section shall count toward meeting the
9licensee's required continuing education hours.
10by a provider or agency with expertise in recognizing and
11reporting child abuse.
12 (k)(1) Medical personnel, as listed in paragraph (1) of
13subsection (a), who work with children in their professional or
14official capacity, must complete mandated reporter training at
15least every 6 years. Such medical personnel, if licensed, must
16attest at each time of licensure renewal on their renewal form
17that they understand they are a mandated reporter of child
18abuse and neglect, that they are aware of the process for
19making a report, that they know how to respond to a child in a
20trauma-informed manner, and that they are aware of the role of
21child protective services and the role of a reporter after a
22call has been made.
23 (2) In lieu of repeated training, medical personnel, as
24listed in paragraph (1) of subsection (a), who do not work with
25children in their professional or official capacity, may
26instead attest each time at licensure renewal on their renewal

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1form that they understand they are a mandated reporter of child
2abuse and neglect, that they are aware of the process for
3making a report, that they know how to respond to a child in a
4trauma-informed manner, and that they are aware of the role of
5child protective services and the role of a reporter after a
6call has been made. Nothing in this paragraph precludes medical
7personnel from completing mandated reporter training and
8receiving continuing education credits for that training.
9 (l) The Department shall provide copies of this Act, upon
10request, to all employers employing persons who shall be
11required under the provisions of this Section to report under
12this Act.
13 (m) Any person who knowingly transmits a false report to
14the Department commits the offense of disorderly conduct under
15subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.
16A violation of this provision is a Class 4 felony.
17 Any person who knowingly and willfully violates any
18provision of this Section other than a second or subsequent
19violation of transmitting a false report as described in the
20preceding paragraph, is guilty of a Class A misdemeanor for a
21first violation and a Class 4 felony for a second or subsequent
22violation; except that if the person acted as part of a plan or
23scheme having as its object the prevention of discovery of an
24abused or neglected child by lawful authorities for the purpose
25of protecting or insulating any person or entity from arrest or
26prosecution, the person is guilty of a Class 4 felony for a

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1first offense and a Class 3 felony for a second or subsequent
2offense (regardless of whether the second or subsequent offense
3involves any of the same facts or persons as the first or other
4prior offense).
5 (n) A child whose parent, guardian or custodian in good
6faith selects and depends upon spiritual means through prayer
7alone for the treatment or cure of disease or remedial care may
8be considered neglected or abused, but not for the sole reason
9that his parent, guardian or custodian accepts and practices
10such beliefs.
11 (o) A child shall not be considered neglected or abused
12solely because the child is not attending school in accordance
13with the requirements of Article 26 of the School Code, as
14amended.
15 (p) Nothing in this Act prohibits a mandated reporter who
16reasonably believes that an animal is being abused or neglected
17in violation of the Humane Care for Animals Act from reporting
18animal abuse or neglect to the Department of Agriculture's
19Bureau of Animal Health and Welfare.
20 (q) A home rule unit may not regulate the reporting of
21child abuse or neglect in a manner inconsistent with the
22provisions of this Section. This Section is a limitation under
23subsection (i) of Section 6 of Article VII of the Illinois
24Constitution on the concurrent exercise by home rule units of
25powers and functions exercised by the State.
26 (r) For purposes of this Section "child abuse or neglect"

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1includes abuse or neglect of an adult resident as defined in
2this Act.
3(Source: P.A. 100-513, eff. 1-1-18; 100-1071, eff. 1-1-19.)
4 (325 ILCS 5/11.5) (from Ch. 23, par. 2061.5)
5 Sec. 11.5. Public awareness program.
6 (a) No later than 6 months after the effective date of this
7amendatory Act of the 101st General Assembly, the Department of
8Children and Family Services shall develop culturally
9sensitive materials on child abuse and child neglect, the
10statewide toll-free telephone number established under Section
117.6, and the process for reporting any reasonable suspicion of
12child abuse or child neglect.
13 The Department shall reach out to businesses and
14organizations to seek assistance in raising awareness about
15child abuse and child neglect and the statewide toll-free
16telephone number established under Section 7.6, including
17posting notices. The Department shall make a model notice
18available for download on the Department's website. The model
19notice shall:
20 (1) be available in English, Spanish, and the 2 other
21 languages most widely spoken in the State;
22 (2) be at least 8 1/2 inches by 11 inches in size and
23 written in a 16-point font;
24 (3) include the following statement:
25 "Protecting children is a responsibility we all

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1 share. It is important for every person to take child
2 abuse and child neglect seriously, to be able to
3 recognize when it happens, and to know what to do next.
4 If you have reason to believe a child you know is being
5 abused or neglected, call the State's child abuse
6 hotline; and
7 (4) include the statewide toll-free telephone number
8 established under Section 7.6, and the Department's
9 website address where more information about child abuse
10 and child neglect is available.
11 (b) Within the appropriation available, the Department
12shall conduct a continuing education and training program for
13State and local staff, persons and officials required to
14report, the general public, and other persons engaged in or
15intending to engage in the prevention, identification, and
16treatment of child abuse and neglect. The program shall be
17designed to encourage the fullest degree of reporting of known
18and suspected child abuse and neglect, and to improve
19communication, cooperation, and coordination among all
20agencies in the identification, prevention, and treatment of
21child abuse and neglect. The program shall inform the general
22public and professionals of the nature and extent of child
23abuse and neglect and their responsibilities, obligations,
24powers and immunity from liability under this Act. It may
25include information on the diagnosis of child abuse and neglect
26and the roles and procedures of the Child Protective Service

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1Unit, the Department and central register, the courts and of
2the protective, treatment, and ameliorative services available
3to children and their families. Such information may also
4include special needs of mothers at risk of delivering a child
5whose life or development may be threatened by a disabling
6condition, to ensure informed consent to treatment of the
7condition and understanding of the unique child care
8responsibilities required for such a child. The program may
9also encourage parents and other persons having responsibility
10for the welfare of children to seek assistance on their own in
11meeting their child care responsibilities and encourage the
12voluntary acceptance of available services when they are
13needed. It may also include publicity and dissemination of
14information on the existence and number of the 24 hour,
15State-wide, toll-free telephone service to assist persons
16seeking assistance and to receive reports of known and
17suspected abuse and neglect.
18 (c) Within the appropriation available, the Department
19also shall conduct a continuing education and training program
20for State and local staff involved in investigating reports of
21child abuse or neglect made under this Act. The program shall
22be designed to train such staff in the necessary and
23appropriate procedures to be followed in investigating cases
24which it appears may result in civil or criminal charges being
25filed against a person. Program subjects shall include but not
26be limited to the gathering of evidence with a view toward

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1presenting such evidence in court and the involvement of State
2or local law enforcement agencies in the investigation. The
3program shall be conducted in cooperation with State or local
4law enforcement agencies, State's Attorneys and other
5components of the criminal justice system as the Department
6deems appropriate.
7(Source: P.A. 99-143, eff. 7-27-15.)
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