Bill Text: IL SB1778 | 2019-2020 | 101st General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Reinserts the provisions of Senate Amendment No. 1, but with the following changes: Provides that educational personnel required to report under the Abused and Neglected Child Reporting Act must do so only to the extent required under a specified provision of the Act (rather than only to the extent required in accordance with other provisions expressly concerning the duty of school board members to report suspected child abuse). 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, one of those reporters may be designated to make a single report (rather than a single report may be made by a designated reporter). In a provision requiring mandated reporters to complete reporter training within 3 months of their date of engagement in a professional or official capacity as a mandated reporter, provides that the 3-month requirement may be extended to 6 months pursuant to any other applicable State law that governs training requirements for a specific profession. Requires certain medical personnel who work with children in their professional or official capacity to complete mandated reporter training at least every 6 years. Requires such medical personnel to attest at each time of licensure renewal on their renewal form that they understand they are a mandated reporter of child abuse and neglect, that they are aware of the process for making a report, that they know how to respond to a child in a trauma-informed manner, and that they are aware of the role of child protective services and the role of a reporter after a call has been made. Requires medical personnel who do not work with children in their professional or official capacity to make similar affirmations in lieu of repeated training.
Spectrum: Strong Partisan Bill (Democrat 47-3)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0564 [SB1778 Detail]
Download: Illinois-2019-SB1778-Enrolled.html
Bill Title: Reinserts the provisions of Senate Amendment No. 1, but with the following changes: Provides that educational personnel required to report under the Abused and Neglected Child Reporting Act must do so only to the extent required under a specified provision of the Act (rather than only to the extent required in accordance with other provisions expressly concerning the duty of school board members to report suspected child abuse). 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, one of those reporters may be designated to make a single report (rather than a single report may be made by a designated reporter). In a provision requiring mandated reporters to complete reporter training within 3 months of their date of engagement in a professional or official capacity as a mandated reporter, provides that the 3-month requirement may be extended to 6 months pursuant to any other applicable State law that governs training requirements for a specific profession. Requires certain medical personnel who work with children in their professional or official capacity to complete mandated reporter training at least every 6 years. Requires such medical personnel to attest at each time of licensure renewal on their renewal form that they understand they are a mandated reporter of child abuse and neglect, that they are aware of the process for making a report, that they know how to respond to a child in a trauma-informed manner, and that they are aware of the role of child protective services and the role of a reporter after a call has been made. Requires medical personnel who do not work with children in their professional or official capacity to make similar affirmations in lieu of repeated training.
Spectrum: Strong Partisan Bill (Democrat 47-3)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0564 [SB1778 Detail]
Download: Illinois-2019-SB1778-Enrolled.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. The Illinois Police Training Act is amended by | ||||||
5 | changing Section 7 as follows:
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6 | (50 ILCS 705/7) (from Ch. 85, par. 507)
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7 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
8 | adopt rules and
minimum standards for such schools which shall | ||||||
9 | include, but not be limited to,
the following:
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10 | a. The curriculum for probationary police officers | ||||||
11 | which shall be
offered by all certified schools shall | ||||||
12 | include, but not be limited to,
courses of procedural | ||||||
13 | justice, arrest and use and control tactics, search and | ||||||
14 | seizure, including temporary questioning, civil rights, | ||||||
15 | human rights, human relations,
cultural competency, | ||||||
16 | including implicit bias and racial and ethnic sensitivity,
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17 | criminal law, law of criminal procedure, constitutional | ||||||
18 | and proper use of law enforcement authority, vehicle and | ||||||
19 | traffic law including
uniform and non-discriminatory | ||||||
20 | enforcement of the Illinois Vehicle Code,
traffic control | ||||||
21 | and accident investigation, techniques of obtaining
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22 | physical evidence, court testimonies, statements, reports, | ||||||
23 | firearms
training, training in the use of electronic |
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1 | control devices, including the psychological and | ||||||
2 | physiological effects of the use of those devices on | ||||||
3 | humans, first-aid (including cardiopulmonary | ||||||
4 | resuscitation), training in the administration of opioid | ||||||
5 | antagonists as defined in paragraph (1) of subsection (e) | ||||||
6 | of Section 5-23 of the Substance Use Disorder Act, handling | ||||||
7 | of
juvenile offenders, recognition of
mental conditions | ||||||
8 | and crises, including, but not limited to, the disease of | ||||||
9 | addiction, which require immediate assistance and response | ||||||
10 | and methods to
safeguard and provide assistance to a person | ||||||
11 | in need of mental
treatment, recognition of abuse, neglect, | ||||||
12 | financial exploitation, and self-neglect of adults with | ||||||
13 | disabilities and older adults, as defined in Section 2 of | ||||||
14 | the Adult Protective Services Act, crimes against the | ||||||
15 | elderly, law of evidence, the hazards of high-speed police | ||||||
16 | vehicle
chases with an emphasis on alternatives to the | ||||||
17 | high-speed chase, and
physical training. The curriculum | ||||||
18 | shall include specific training in
techniques for | ||||||
19 | immediate response to and investigation of cases of | ||||||
20 | domestic
violence and of sexual assault of adults and | ||||||
21 | children, including cultural perceptions and common myths | ||||||
22 | of sexual assault and sexual abuse as well as interview | ||||||
23 | techniques that are age sensitive and are trauma informed, | ||||||
24 | victim centered, and victim sensitive. The curriculum | ||||||
25 | shall include
training in techniques designed to promote | ||||||
26 | effective
communication at the initial contact with crime |
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1 | victims and ways to comprehensively
explain to victims and | ||||||
2 | witnesses their rights under the Rights
of Crime Victims | ||||||
3 | and Witnesses Act and the Crime
Victims Compensation Act. | ||||||
4 | The curriculum shall also include training in effective | ||||||
5 | recognition of and responses to stress, trauma, and | ||||||
6 | post-traumatic stress experienced by police officers. The | ||||||
7 | curriculum shall include a block of instruction addressing | ||||||
8 | the mandatory reporting requirements under the Abused and | ||||||
9 | Neglected Child Reporting Act. The curriculum shall also | ||||||
10 | include a block of instruction aimed at identifying and | ||||||
11 | interacting with persons with autism and other | ||||||
12 | developmental or physical disabilities, reducing barriers | ||||||
13 | to reporting crimes against persons with autism, and | ||||||
14 | addressing the unique challenges presented by cases | ||||||
15 | involving victims or witnesses with autism and other | ||||||
16 | developmental disabilities. The curriculum for
permanent | ||||||
17 | police officers shall include, but not be limited to: (1) | ||||||
18 | refresher
and in-service training in any of the courses | ||||||
19 | listed above in this
subparagraph, (2) advanced courses in | ||||||
20 | any of the subjects listed above in
this subparagraph, (3) | ||||||
21 | training for supervisory personnel, and (4)
specialized | ||||||
22 | training in subjects and fields to be selected by the | ||||||
23 | board. The training in the use of electronic control | ||||||
24 | devices shall be conducted for probationary police | ||||||
25 | officers, including University police officers.
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26 | b. Minimum courses of study, attendance requirements |
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1 | and equipment
requirements.
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2 | c. Minimum requirements for instructors.
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3 | d. Minimum basic training requirements, which a | ||||||
4 | probationary police
officer must satisfactorily complete | ||||||
5 | before being eligible for permanent
employment as a local | ||||||
6 | law enforcement officer for a participating local
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7 | governmental agency. Those requirements shall include | ||||||
8 | training in first aid
(including cardiopulmonary | ||||||
9 | resuscitation).
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10 | e. Minimum basic training requirements, which a | ||||||
11 | probationary county
corrections officer must | ||||||
12 | satisfactorily complete before being eligible for
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13 | permanent employment as a county corrections officer for a | ||||||
14 | participating
local governmental agency.
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15 | f. Minimum basic training requirements which a | ||||||
16 | probationary court
security officer must satisfactorily | ||||||
17 | complete before being eligible for
permanent employment as | ||||||
18 | a court security officer for a participating local
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19 | governmental agency. The Board shall
establish those | ||||||
20 | training requirements which it considers appropriate for | ||||||
21 | court
security officers and shall certify schools to | ||||||
22 | conduct that training.
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23 | A person hired to serve as a court security officer | ||||||
24 | must obtain from the
Board a certificate (i) attesting to | ||||||
25 | his or her successful completion of the
training course; | ||||||
26 | (ii) attesting to his or her satisfactory
completion of a |
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1 | training program of similar content and number of hours | ||||||
2 | that
has been found acceptable by the Board under the | ||||||
3 | provisions of this Act; or
(iii) attesting to the Board's | ||||||
4 | determination that the training
course is unnecessary | ||||||
5 | because of the person's extensive prior law enforcement
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6 | experience.
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7 | Individuals who currently serve as court security | ||||||
8 | officers shall be deemed
qualified to continue to serve in | ||||||
9 | that capacity so long as they are certified
as provided by | ||||||
10 | this Act within 24 months of June 1, 1997 (the effective | ||||||
11 | date of Public Act 89-685). Failure to be so certified, | ||||||
12 | absent a waiver from the
Board, shall cause the officer to | ||||||
13 | forfeit his or her position.
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14 | All individuals hired as court security officers on or | ||||||
15 | after June 1, 1997 (the effective
date of Public Act | ||||||
16 | 89-685) shall be certified within 12 months of the
date of | ||||||
17 | their hire, unless a waiver has been obtained by the Board, | ||||||
18 | or they
shall forfeit their positions.
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19 | The Sheriff's Merit Commission, if one exists, or the | ||||||
20 | Sheriff's Office if
there is no Sheriff's Merit Commission, | ||||||
21 | shall maintain a list of all
individuals who have filed | ||||||
22 | applications to become court security officers and
who meet | ||||||
23 | the eligibility requirements established under this Act. | ||||||
24 | Either
the Sheriff's Merit Commission, or the Sheriff's | ||||||
25 | Office if no Sheriff's Merit
Commission exists, shall | ||||||
26 | establish a schedule of reasonable intervals for
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1 | verification of the applicants' qualifications under
this | ||||||
2 | Act and as established by the Board.
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3 | g. Minimum in-service training requirements, which a | ||||||
4 | police officer must satisfactorily complete every 3 years. | ||||||
5 | Those requirements shall include constitutional and proper | ||||||
6 | use of law enforcement authority, procedural justice, | ||||||
7 | civil rights, human rights, mental health awareness and | ||||||
8 | response, reporting child abuse and neglect, and cultural | ||||||
9 | competency. | ||||||
10 | h. Minimum in-service training requirements, which a | ||||||
11 | police officer must satisfactorily complete at least | ||||||
12 | annually. Those requirements shall include law updates and | ||||||
13 | use of force training which shall include scenario based | ||||||
14 | training, or similar training approved by the Board. | ||||||
15 | (Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, | ||||||
16 | eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18; | ||||||
17 | 100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff. | ||||||
18 | 8-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
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19 | Section 5. The Abused and Neglected Child Reporting Act is | ||||||
20 | amended by changing Sections 4 and 11.5 as follows:
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21 | (325 ILCS 5/4)
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22 | Sec. 4. Persons required to report; privileged | ||||||
23 | communications;
transmitting false report. | ||||||
24 | (a) The following persons are required to immediately |
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1 | report to the Department when they have reasonable cause to | ||||||
2 | believe that a child known to them in their professional or | ||||||
3 | official capacities may be an abused child or a neglected | ||||||
4 | child: | ||||||
5 | (1) Medical personnel, including any: physician | ||||||
6 | licensed to practice medicine in any of its branches | ||||||
7 | (medical doctor or doctor of osteopathy); resident; | ||||||
8 | intern; medical administrator or personnel engaged in the | ||||||
9 | examination, care, and treatment of persons; psychiatrist; | ||||||
10 | surgeon; dentist; dental hygienist; chiropractic | ||||||
11 | physician; podiatric physician; physician assistant; | ||||||
12 | emergency medical technician; acupuncturist; registered | ||||||
13 | nurse; licensed practical nurse; advanced practice | ||||||
14 | registered nurse; genetic counselor; respiratory care | ||||||
15 | practitioner; home health aide; or certified nursing | ||||||
16 | assistant. | ||||||
17 | (2) Social services and mental health personnel, | ||||||
18 | including any: licensed professional counselor; licensed | ||||||
19 | clinical professional counselor; licensed social worker; | ||||||
20 | licensed clinical social worker; licensed psychologist or | ||||||
21 | assistant working under the direct supervision of a | ||||||
22 | psychologist; associate licensed marriage and family | ||||||
23 | therapist; licensed marriage and family therapist; field | ||||||
24 | personnel of the Departments of Healthcare and Family | ||||||
25 | Services, Public Health, Human Services, Human Rights, or | ||||||
26 | Children and Family Services; supervisor or administrator |
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1 | of the General Assistance program established under | ||||||
2 | Article VI of the Illinois Public Aid Code; social services | ||||||
3 | administrator; or substance abuse treatment personnel. | ||||||
4 | (3) Crisis intervention personnel, including any: | ||||||
5 | crisis line or hotline personnel; or domestic violence | ||||||
6 | program personnel. | ||||||
7 | (4)
Education personnel, including any: school | ||||||
8 | personnel (including administrators and certified and | ||||||
9 | non-certified school employees); personnel of institutions | ||||||
10 | of higher education; educational advocate assigned to a | ||||||
11 | child in accordance with the School Code; member of a | ||||||
12 | school board or the Chicago Board of Education or the | ||||||
13 | governing body of a private school (but only to the extent | ||||||
14 | required under subsection (d)); or truant officer. | ||||||
15 | (5)
Recreation or athletic program or facility | ||||||
16 | personnel. | ||||||
17 | (6)
Child care personnel, including any: early | ||||||
18 | intervention provider as defined in the Early Intervention | ||||||
19 | Services System Act; director or staff assistant of a | ||||||
20 | nursery school or a child day care center; or foster | ||||||
21 | parent, homemaker, or child care worker. | ||||||
22 | (7)
Law enforcement personnel, including any: law | ||||||
23 | enforcement officer; field personnel of the Department of | ||||||
24 | Juvenile Justice; field personnel of the Department of | ||||||
25 | Corrections; probation officer; or animal control officer | ||||||
26 | or field investigator of the Department of Agriculture's |
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1 | Bureau of Animal Health and Welfare. | ||||||
2 | (8)
Any funeral home director; funeral home director | ||||||
3 | and embalmer; funeral home employee; coroner; or medical | ||||||
4 | examiner. | ||||||
5 | (9)
Any member of the clergy. | ||||||
6 | (10) Any physician, physician assistant, registered | ||||||
7 | nurse, licensed practical nurse, medical technician, | ||||||
8 | certified nursing assistant, licensed social worker, | ||||||
9 | licensed clinical social worker, or licensed professional | ||||||
10 | counselor of any office, clinic, or any other physical | ||||||
11 | location that provides abortions, abortion referrals, or | ||||||
12 | contraceptives. | ||||||
13 | (b) When 2 or more persons who work within the same | ||||||
14 | workplace and are required to report under this Act share a | ||||||
15 | reasonable cause to believe that a child may be an abused or | ||||||
16 | neglected child, one of those reporters may be designated to | ||||||
17 | make a single report. The report shall include the names and | ||||||
18 | contact information for the other mandated reporters sharing | ||||||
19 | the reasonable cause to believe that a child may be an abused | ||||||
20 | or neglected child. The designated reporter must provide | ||||||
21 | written confirmation of the report to those mandated reporters | ||||||
22 | within 48 hours. If confirmation is not provided, those | ||||||
23 | mandated reporters are individually responsible for | ||||||
24 | immediately ensuring a report is made. Nothing in this Section | ||||||
25 | precludes or may be used to preclude any person from reporting | ||||||
26 | child abuse or child neglect. |
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1 | (c)(1) As used in this Section, "a child known to them in | ||||||
2 | their professional or official capacities" means: | ||||||
3 | (A) the mandated reporter comes into contact with the | ||||||
4 | child in the course of the reporter's employment or | ||||||
5 | practice of a profession, or through a regularly scheduled | ||||||
6 | program, activity, or service; | ||||||
7 | (B) the mandated reporter is affiliated with an agency, | ||||||
8 | institution, organization, school, school district, | ||||||
9 | regularly established church or religious organization, or | ||||||
10 | other entity that is directly responsible for the care, | ||||||
11 | supervision, guidance, or training of the child; or | ||||||
12 | (C) a person makes a specific disclosure to the | ||||||
13 | mandated reporter that an identifiable child is the victim | ||||||
14 | of child abuse or child neglect, and the disclosure happens | ||||||
15 | while the mandated reporter is engaged in his or her | ||||||
16 | employment or practice of a profession, or in a regularly | ||||||
17 | scheduled program, activity, or service. | ||||||
18 | (2) Nothing in this Section requires a child to come before | ||||||
19 | the mandated reporter in order for the reporter to make a | ||||||
20 | report of suspected child abuse or child neglect. | ||||||
21 | Any physician, resident, intern, hospital,
hospital | ||||||
22 | administrator
and personnel engaged in examination, care and | ||||||
23 | treatment of persons, surgeon,
dentist, dentist hygienist, | ||||||
24 | osteopath, chiropractor, podiatric physician, physician
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25 | assistant, substance abuse treatment personnel, funeral home
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26 | director or employee, coroner, medical examiner, emergency |
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1 | medical technician,
acupuncturist, crisis line or hotline | ||||||
2 | personnel, school personnel (including administrators and both | ||||||
3 | certified and non-certified school employees), personnel of | ||||||
4 | institutions of higher education, educational
advocate | ||||||
5 | assigned to a child pursuant to the School Code, member of a | ||||||
6 | school board or the Chicago Board of Education or the governing | ||||||
7 | body of a private school (but only to the extent required in | ||||||
8 | accordance with other provisions of this Section expressly | ||||||
9 | concerning the duty of school board members to report suspected | ||||||
10 | child abuse), truant officers,
social worker, social services | ||||||
11 | administrator,
domestic violence program personnel, registered | ||||||
12 | nurse, licensed
practical nurse, genetic counselor,
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13 | respiratory care practitioner, advanced practice registered | ||||||
14 | nurse, home
health aide, director or staff
assistant of a | ||||||
15 | nursery school or a child day care center, recreational or | ||||||
16 | athletic program
or facility personnel, early intervention | ||||||
17 | provider as defined in the Early Intervention Services System | ||||||
18 | Act, law enforcement officer, licensed professional
counselor, | ||||||
19 | licensed clinical professional counselor, registered | ||||||
20 | psychologist
and
assistants working under the direct | ||||||
21 | supervision of a psychologist,
psychiatrist, or field | ||||||
22 | personnel of the Department of Healthcare and Family Services,
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23 | Juvenile Justice, Public Health, Human Services (acting as | ||||||
24 | successor to the Department of Mental
Health and Developmental | ||||||
25 | Disabilities, Rehabilitation Services, or Public Aid),
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26 | Corrections, Human Rights, or Children and Family Services, |
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1 | supervisor and
administrator of general assistance under the | ||||||
2 | Illinois Public Aid Code,
probation officer, animal control | ||||||
3 | officer or Illinois Department of Agriculture Bureau of Animal | ||||||
4 | Health and Welfare field investigator, or any other foster | ||||||
5 | parent, homemaker or child care worker
having reasonable cause | ||||||
6 | to believe a child known to them in their professional
or | ||||||
7 | official capacity may be an abused child or a neglected child | ||||||
8 | shall
immediately report or cause a report to be made to the | ||||||
9 | Department.
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10 | Any member of the clergy having reasonable cause to believe | ||||||
11 | that a child
known to that member of the clergy in his or her | ||||||
12 | professional capacity may be
an abused child as defined in item | ||||||
13 | (c) of the definition of "abused child" in
Section 3 of this | ||||||
14 | Act shall immediately report or cause a report to be made to
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15 | the Department.
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16 | Any physician, physician's assistant, registered nurse, | ||||||
17 | licensed practical nurse, medical technician, certified | ||||||
18 | nursing assistant, social worker, or licensed professional | ||||||
19 | counselor of any office, clinic, or any other physical location | ||||||
20 | that provides abortions, abortion referrals, or contraceptives | ||||||
21 | having reasonable cause to believe a child known to him or her | ||||||
22 | in his or her professional
or official capacity may be an | ||||||
23 | abused child or a neglected child shall
immediately report or | ||||||
24 | cause a report to be made to the Department. | ||||||
25 | (d) If an allegation is raised to a school board member | ||||||
26 | during the course of an open or closed school board meeting |
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1 | that a child who is enrolled in the school district of which he | ||||||
2 | or she is a board member is an abused child as defined in | ||||||
3 | Section 3 of this Act, the member shall direct or cause the | ||||||
4 | school board to direct the superintendent of the school | ||||||
5 | district or other equivalent school administrator to comply | ||||||
6 | with the requirements of this Act concerning the reporting of | ||||||
7 | child abuse. For purposes of this paragraph, a school board | ||||||
8 | member is granted the authority in his or her individual | ||||||
9 | capacity to direct the superintendent of the school district or | ||||||
10 | other equivalent school administrator to comply with the | ||||||
11 | requirements of this Act concerning the reporting of child | ||||||
12 | abuse.
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13 | Notwithstanding any other provision of this Act, if an | ||||||
14 | employee of a school district has made a report or caused a | ||||||
15 | report to be made to the Department under this Act involving | ||||||
16 | the conduct of a current or former employee of the school | ||||||
17 | district and a request is made by another school district for | ||||||
18 | the provision of information concerning the job performance or | ||||||
19 | qualifications of the current or former employee because he or | ||||||
20 | she is an applicant for employment with the requesting school | ||||||
21 | district, the general superintendent of the school district to | ||||||
22 | which the request is being made must disclose to the requesting | ||||||
23 | school district the fact that an employee of the school | ||||||
24 | district has made a report involving the conduct of the | ||||||
25 | applicant or caused a report to be made to the Department, as | ||||||
26 | required under this Act. Only the fact that an employee of the |
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1 | school district has made a report involving the conduct of the | ||||||
2 | applicant or caused a report to be made to the Department may | ||||||
3 | be disclosed by the general superintendent of the school | ||||||
4 | district to which the request for information concerning the | ||||||
5 | applicant is made, and this fact may be disclosed only in cases | ||||||
6 | where the employee and the general superintendent have not been | ||||||
7 | informed by the Department that the allegations were unfounded. | ||||||
8 | An employee of a school district who is or has been the subject | ||||||
9 | of a report made pursuant to this Act during his or her | ||||||
10 | employment with the school district must be informed by that | ||||||
11 | school district that if he or she applies for employment with | ||||||
12 | another school district, the general superintendent of the | ||||||
13 | former school district, upon the request of the school district | ||||||
14 | to which the employee applies, shall notify that requesting | ||||||
15 | school district that the employee is or was the subject of such | ||||||
16 | a report.
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17 | (e) Whenever
such person is required to report under this | ||||||
18 | Act in his capacity as a member of
the staff of a medical or | ||||||
19 | other public or private institution, school, facility
or | ||||||
20 | agency, or as a member of the clergy, he shall
make report | ||||||
21 | immediately to the Department in accordance
with the provisions | ||||||
22 | of this Act and may also notify the person in charge of
such | ||||||
23 | institution, school, facility or agency, or church, synagogue, | ||||||
24 | temple,
mosque, or other religious institution, or his
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25 | designated agent that such
report has been made. Under no | ||||||
26 | circumstances shall any person in charge of
such institution, |
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1 | school, facility or agency, or church, synagogue, temple,
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2 | mosque, or other religious institution, or his
designated agent | ||||||
3 | to whom
such notification has been made, exercise any control, | ||||||
4 | restraint, modification
or other change in the report or the | ||||||
5 | forwarding of such report to the
Department.
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6 | (f) In addition to the persons required to report suspected | ||||||
7 | cases of child abuse or child neglect under this Section, any | ||||||
8 | other person may make a report if such person has reasonable | ||||||
9 | cause to believe a child may be an abused child or a neglected | ||||||
10 | child. | ||||||
11 | (g) The privileged quality of communication between any | ||||||
12 | professional
person required to report
and his patient or | ||||||
13 | client shall not apply to situations involving abused or
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14 | neglected children and shall not constitute grounds for failure | ||||||
15 | to report
as required by this Act or constitute grounds for | ||||||
16 | failure to share information or documents with the Department | ||||||
17 | during the course of a child abuse or neglect investigation. If | ||||||
18 | requested by the professional, the Department shall confirm in | ||||||
19 | writing that the information or documents disclosed by the | ||||||
20 | professional were gathered in the course of a child abuse or | ||||||
21 | neglect investigation.
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22 | The reporting requirements of this Act shall not apply to | ||||||
23 | the contents of a privileged communication between an attorney | ||||||
24 | and his or her client or to confidential information within the | ||||||
25 | meaning of Rule 1.6 of the Illinois Rules of Professional | ||||||
26 | Conduct relating to the legal representation of an individual |
| |||||||
| |||||||
1 | client. | ||||||
2 | A member of the clergy may claim the privilege under | ||||||
3 | Section 8-803 of the
Code of Civil Procedure.
| ||||||
4 | (h) Any office, clinic, or any other physical location that | ||||||
5 | provides abortions, abortion referrals, or contraceptives | ||||||
6 | shall provide to all office personnel copies of written | ||||||
7 | information and training materials about abuse and neglect and | ||||||
8 | the requirements of this Act that are provided to employees of | ||||||
9 | the office, clinic, or physical location who are required to | ||||||
10 | make reports to the Department under this Act, and instruct | ||||||
11 | such office personnel to bring to the attention of an employee | ||||||
12 | of the office, clinic, or physical location who is required to | ||||||
13 | make reports to the Department under this Act any reasonable | ||||||
14 | suspicion that a child known to him or her in his or her | ||||||
15 | professional or official capacity may be an abused child or a | ||||||
16 | neglected child. In addition to the above persons required to
| ||||||
17 | report suspected cases of abused or neglected children, any | ||||||
18 | other person
may make a report if such person has reasonable | ||||||
19 | cause to believe a child
may be an abused child or a neglected | ||||||
20 | child.
| ||||||
21 | (i) Any person who enters into
employment on and after July | ||||||
22 | 1, 1986 and is mandated by virtue of that
employment to report | ||||||
23 | under this Act, shall sign a statement on a form
prescribed by | ||||||
24 | the Department, to the effect that the employee has knowledge
| ||||||
25 | and understanding of the reporting requirements of this Act. On | ||||||
26 | and after January 1, 2019, the statement
shall also include |
| |||||||
| |||||||
1 | information about available mandated reporter training | ||||||
2 | provided by the Department. The statement
shall be signed prior | ||||||
3 | to commencement of the employment. The signed
statement shall | ||||||
4 | be retained by the employer. The cost of printing,
| ||||||
5 | distribution, and filing of the statement shall be borne by the | ||||||
6 | employer.
| ||||||
7 | (j) Persons Within one year of initial employment and at | ||||||
8 | least every 5 years thereafter, school personnel required to | ||||||
9 | report child abuse or child neglect as provided under this | ||||||
10 | Section must complete an initial mandated reporter training | ||||||
11 | within 3 months of their date of engagement in a professional | ||||||
12 | or official capacity as a mandated reporter, or within the time | ||||||
13 | frame of any other applicable State law that governs training | ||||||
14 | requirements for a specific profession, and at least every 3 | ||||||
15 | years thereafter. The initial requirement only applies to the | ||||||
16 | first time they engage in their professional or official | ||||||
17 | capacity. In lieu of training every 3 years, medical personnel, | ||||||
18 | as listed in paragraph (1) of subsection (a), must meet the | ||||||
19 | requirements described in subsection (k). | ||||||
20 | The trainings shall be in-person or web-based, and shall | ||||||
21 | include, at a minimum, information on the following topics: (i) | ||||||
22 | indicators for recognizing child abuse and child neglect, as | ||||||
23 | defined under this Act; (ii) the process for reporting | ||||||
24 | suspected child abuse and child neglect in Illinois as required | ||||||
25 | by this Act and the required documentation; (iii) responding to | ||||||
26 | a child in a trauma-informed manner; and (iv) understanding the |
| |||||||
| |||||||
1 | response of child protective services and the role of the | ||||||
2 | reporter after a call has been made. Child-serving | ||||||
3 | organizations are encouraged to provide in-person annual | ||||||
4 | trainings. | ||||||
5 | The mandated reporter training shall be provided through | ||||||
6 | the Department, through an entity authorized to provide | ||||||
7 | continuing education for professionals licensed through the | ||||||
8 | Department of Financial and Professional Regulation, the State | ||||||
9 | Board of Education, the Illinois Law Enforcement Training | ||||||
10 | Standards Board, or the Department of State Police, or through | ||||||
11 | an organization approved by the Department to provide mandated | ||||||
12 | reporter training. The Department must make available a free | ||||||
13 | web-based training for reporters. | ||||||
14 | Each mandated reporter shall report to his or her employer | ||||||
15 | and, when applicable, to his or her licensing or certification | ||||||
16 | board that he or she received the mandated reporter training. | ||||||
17 | The mandated reporter shall maintain records of completion. | ||||||
18 | Beginning January 1, 2021, if a mandated reporter receives | ||||||
19 | licensure from the Department of Financial and Professional | ||||||
20 | Regulation or the State Board of Education, and his or her | ||||||
21 | profession has continuing education requirements, the training | ||||||
22 | mandated under this Section shall count toward meeting the | ||||||
23 | licensee's required continuing education hours. | ||||||
24 | by a provider or agency with expertise in recognizing and | ||||||
25 | reporting child abuse. | ||||||
26 | (k)(1) Medical personnel, as listed in paragraph (1) of |
| |||||||
| |||||||
1 | subsection (a), who work with children in their professional or | ||||||
2 | official capacity, must complete mandated reporter training at | ||||||
3 | least every 6 years. Such medical personnel, if licensed, must | ||||||
4 | attest at each time of licensure renewal on their renewal form | ||||||
5 | that they understand they are a mandated reporter of child | ||||||
6 | abuse and neglect, that they are aware of the process for | ||||||
7 | making a report, that they know how to respond to a child in a | ||||||
8 | trauma-informed manner, and that they are aware of the role of | ||||||
9 | child protective services and the role of a reporter after a | ||||||
10 | call has been made. | ||||||
11 | (2) In lieu of repeated training, medical personnel, as | ||||||
12 | listed in paragraph (1) of subsection (a), who do not work with | ||||||
13 | children in their professional or official capacity, may | ||||||
14 | instead attest each time at licensure renewal on their renewal | ||||||
15 | form that they understand they are a mandated reporter of child | ||||||
16 | abuse and neglect, that they are aware of the process for | ||||||
17 | making a report, that they know how to respond to a child in a | ||||||
18 | trauma-informed manner, and that they are aware of the role of | ||||||
19 | child protective services and the role of a reporter after a | ||||||
20 | call has been made. Nothing in this paragraph precludes medical | ||||||
21 | personnel from completing mandated reporter training and | ||||||
22 | receiving continuing education credits for that training. | ||||||
23 | (l) The Department shall provide copies of this Act, upon | ||||||
24 | request, to all
employers employing persons who shall be | ||||||
25 | required under the provisions of
this Section to report under | ||||||
26 | this Act.
|
| |||||||
| |||||||
1 | (m) Any person who knowingly transmits a false report to | ||||||
2 | the Department
commits the offense of disorderly conduct under | ||||||
3 | subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. | ||||||
4 | A violation of this provision is a Class 4 felony.
| ||||||
5 | Any person who knowingly and willfully violates any | ||||||
6 | provision of this
Section other than a second or subsequent | ||||||
7 | violation of transmitting a
false report as described in the
| ||||||
8 | preceding paragraph, is guilty of a
Class A misdemeanor for
a | ||||||
9 | first violation and a Class
4 felony for a
second or subsequent | ||||||
10 | violation; except that if the person acted as part
of a plan or | ||||||
11 | scheme having as its object the
prevention of discovery of an | ||||||
12 | abused or neglected child by lawful authorities
for the
purpose | ||||||
13 | of protecting or insulating any person or entity from arrest or
| ||||||
14 | prosecution, the
person is guilty of a Class 4 felony for a | ||||||
15 | first offense and a Class 3 felony
for a second or
subsequent | ||||||
16 | offense (regardless of whether the second or subsequent offense
| ||||||
17 | involves any
of the same facts or persons as the first or other | ||||||
18 | prior offense).
| ||||||
19 | (n) A child whose parent, guardian or custodian in good | ||||||
20 | faith selects and depends
upon spiritual means through prayer | ||||||
21 | alone for the treatment or cure of
disease or remedial care may | ||||||
22 | be considered neglected or abused, but not for
the sole reason | ||||||
23 | that his parent, guardian or custodian accepts and
practices | ||||||
24 | such beliefs.
| ||||||
25 | (o) A child shall not be considered neglected or abused | ||||||
26 | solely because the
child is not attending school in accordance |
| |||||||
| |||||||
1 | with the requirements of
Article 26 of the School Code, as | ||||||
2 | amended.
| ||||||
3 | (p) Nothing in this Act prohibits a mandated reporter who | ||||||
4 | reasonably believes that an animal is being abused or neglected | ||||||
5 | in violation of the Humane Care for Animals Act from reporting | ||||||
6 | animal abuse or neglect to the Department of Agriculture's | ||||||
7 | Bureau of Animal Health and Welfare. | ||||||
8 | (q) A home rule unit may not regulate the reporting of | ||||||
9 | child abuse or neglect in a manner inconsistent with the | ||||||
10 | provisions of this Section. This Section is a limitation under | ||||||
11 | subsection (i) of Section 6 of Article VII of the Illinois | ||||||
12 | Constitution on the concurrent exercise by home rule units of | ||||||
13 | powers and functions exercised by the State. | ||||||
14 | (r) For purposes of this Section "child abuse or neglect" | ||||||
15 | includes abuse or neglect of an adult resident as defined in | ||||||
16 | this Act. | ||||||
17 | (Source: P.A. 100-513, eff. 1-1-18; 100-1071, eff. 1-1-19 .)
| ||||||
18 | (325 ILCS 5/11.5) (from Ch. 23, par. 2061.5)
| ||||||
19 | Sec. 11.5. Public awareness program. | ||||||
20 | (a) No later than 6 months after the effective date of this | ||||||
21 | amendatory Act of the 101st General Assembly, the Department of | ||||||
22 | Children and Family Services shall develop culturally | ||||||
23 | sensitive materials on child abuse and child neglect, the | ||||||
24 | statewide toll-free telephone number established under Section | ||||||
25 | 7.6, and the process for reporting any reasonable suspicion of |
| |||||||
| |||||||
1 | child abuse or child neglect. | ||||||
2 | The Department shall reach out to businesses and | ||||||
3 | organizations to seek assistance in raising awareness about | ||||||
4 | child abuse and child neglect and the statewide toll-free | ||||||
5 | telephone number established under Section 7.6, including | ||||||
6 | posting notices. The Department shall make a model notice | ||||||
7 | available for download on the Department's website. The model | ||||||
8 | notice shall: | ||||||
9 | (1) be available in English, Spanish, and the 2 other | ||||||
10 | languages most widely spoken in the State; | ||||||
11 | (2) be at least 8 1/2 inches by 11 inches in size and | ||||||
12 | written in a 16-point font; | ||||||
13 | (3) include the following statement: | ||||||
14 | "Protecting children is a responsibility we all | ||||||
15 | share. It is important for every person to take child | ||||||
16 | abuse and child neglect seriously, to be able to | ||||||
17 | recognize when it happens, and to know what to do next. | ||||||
18 | If you have reason to believe a child you know is being | ||||||
19 | abused or neglected, call the State's child abuse | ||||||
20 | hotline; and | ||||||
21 | (4) include the statewide toll-free telephone number | ||||||
22 | established under Section 7.6, and the Department's | ||||||
23 | website address where more information about child abuse | ||||||
24 | and child neglect is available. | ||||||
25 | (b) Within the appropriation available, the Department | ||||||
26 | shall conduct
a continuing education and training program for |
| |||||||
| |||||||
1 | State and local staff,
persons and officials required to | ||||||
2 | report, the general public, and other
persons engaged in or | ||||||
3 | intending to engage in the prevention, identification,
and | ||||||
4 | treatment of child abuse and neglect. The program shall be | ||||||
5 | designed
to encourage the fullest degree of reporting of known | ||||||
6 | and suspected child
abuse and neglect, and to improve | ||||||
7 | communication, cooperation, and coordination
among all | ||||||
8 | agencies in the identification, prevention, and treatment of | ||||||
9 | child
abuse and neglect. The program shall inform the general | ||||||
10 | public and
professionals of the nature and extent of child | ||||||
11 | abuse and neglect and their
responsibilities, obligations, | ||||||
12 | powers and immunity from liability under
this Act. It may | ||||||
13 | include information on the diagnosis of child abuse and
neglect | ||||||
14 | and the roles and procedures of the Child Protective Service | ||||||
15 | Unit,
the Department and central register, the courts and of | ||||||
16 | the protective,
treatment, and ameliorative
services available | ||||||
17 | to children and their families. Such information may
also | ||||||
18 | include special needs of mothers at risk of delivering a child | ||||||
19 | whose
life or development may be threatened by a disabling | ||||||
20 | condition, to ensure
informed consent to treatment of the | ||||||
21 | condition and understanding of the
unique child care | ||||||
22 | responsibilities required for such a child. The program
may | ||||||
23 | also encourage parents and other persons
having responsibility | ||||||
24 | for the welfare of children to seek assistance on
their own in | ||||||
25 | meeting their child care responsibilities and encourage the
| ||||||
26 | voluntary acceptance of available services when they are |
| |||||||
| |||||||
1 | needed. It may
also include publicity and dissemination of | ||||||
2 | information on the existence
and number of the 24 hour, | ||||||
3 | State-wide, toll-free telephone service to assist
persons | ||||||
4 | seeking assistance and to receive reports of known and | ||||||
5 | suspected
abuse and neglect.
| ||||||
6 | (c) Within the appropriation available, the Department | ||||||
7 | also shall conduct
a continuing education and training program | ||||||
8 | for State and local staff
involved in investigating reports of | ||||||
9 | child abuse or neglect made under this
Act. The program shall | ||||||
10 | be designed to train such staff in the necessary
and | ||||||
11 | appropriate procedures to be followed in investigating cases | ||||||
12 | which it
appears may result in civil or criminal charges being | ||||||
13 | filed against a
person. Program subjects shall include but not | ||||||
14 | be limited to the gathering
of evidence with a view toward | ||||||
15 | presenting such evidence in court and the
involvement of State | ||||||
16 | or local law enforcement agencies in the investigation.
The | ||||||
17 | program shall be conducted in cooperation with State or local | ||||||
18 | law
enforcement agencies, State's Attorneys and other | ||||||
19 | components of the
criminal justice system as the Department | ||||||
20 | deems appropriate.
| ||||||
21 | (Source: P.A. 99-143, eff. 7-27-15.)
|