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Public Act 103-0624 | ||||
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AN ACT concerning children. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Abused and Neglected Child Reporting Act is | ||||
amended by changing Sections 7 and 8.6 as follows: | ||||
(325 ILCS 5/7) (from Ch. 23, par. 2057) | ||||
Sec. 7. Time and manner of making reports. All reports of | ||||
suspected child abuse or neglect made under this Act shall be | ||||
made immediately by telephone to the central register | ||||
established under Section 7.7 on the single, State-wide, | ||||
toll-free telephone number established in Section 7.6, or in | ||||
person or by telephone through the nearest Department office. | ||||
The Department shall, in cooperation with school officials, | ||||
distribute appropriate materials in school buildings listing | ||||
the toll-free telephone number established in Section 7.6, | ||||
including methods of making a report under this Act. The | ||||
Department may, in cooperation with appropriate members of the | ||||
clergy, distribute appropriate materials in churches, | ||||
synagogues, temples, mosques, or other religious buildings | ||||
listing the toll-free telephone number established in Section | ||||
7.6, including methods of making a report under this Act. | ||||
Wherever the Statewide number is posted, there shall also | ||||
be posted the following notice: |
"Any person who knowingly transmits a false report to the | ||
Department commits the offense of disorderly conduct under | ||
subsection (a)(7) of Section 26-1 of the Criminal Code of | ||
2012. A violation of this subsection is a Class 4 felony." | ||
The report required by this Act shall include, if known, | ||
the name and address of the child and the child's parents or | ||
other persons having the child's custody; the child's age; the | ||
nature of the child's condition, including any evidence of | ||
previous injuries or disabilities; and any other information | ||
that the person filing the report believes might be helpful in | ||
establishing the cause of such abuse or neglect and the | ||
identity of the person believed to have caused such abuse or | ||
neglect. Reports made to the central register through the | ||
State-wide, toll-free telephone number shall be immediately | ||
transmitted by the Department to the appropriate Child | ||
Protective Service Unit. All such reports alleging the death | ||
of a child, serious injury to a child, including, but not | ||
limited to, brain damage, skull fractures, subdural hematomas, | ||
and internal injuries, torture of a child, malnutrition of a | ||
child, and sexual abuse to a child, including, but not limited | ||
to, sexual intercourse, sexual exploitation, sexual | ||
molestation, and sexually transmitted disease in a child age | ||
12 and under, shall also be immediately transmitted by the | ||
Department to the appropriate local law enforcement agency. | ||
The Department shall within 24 hours orally notify local law | ||
enforcement personnel and the office of the State's Attorney |
of the involved county of the receipt of any report alleging | ||
the death of a child, serious injury to a child, including, but | ||
not limited to, brain damage, skull fractures, subdural | ||
hematomas, and internal injuries, torture of a child, | ||
malnutrition of a child, and sexual abuse to a child, | ||
including, but not limited to, sexual intercourse, sexual | ||
exploitation, sexual molestation, and sexually transmitted | ||
disease in a child age 12 and under. All oral reports made by | ||
the Department to local law enforcement personnel and the | ||
office of the State's Attorney of the involved county shall be | ||
confirmed in writing within 24 hours of the oral report. All | ||
reports by persons mandated to report under this Act shall be | ||
confirmed in writing to the appropriate Child Protective | ||
Service Unit, which may be on forms supplied by the | ||
Department, within 48 hours of any initial report. | ||
Any report received by the Department 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 law | ||
enforcement agency for consideration of criminal investigation | ||
or other action. | ||
Written confirmation reports from persons not required to | ||
report by this Act may be made to the appropriate Child | ||
Protective Service Unit. Written reports from persons required |
by this Act to report shall be admissible in evidence in any | ||
judicial proceeding or administrative hearing relating to | ||
child abuse or neglect. Reports involving known or suspected | ||
child abuse or neglect in public or private residential | ||
agencies or institutions shall be made and received in the | ||
same manner as all other reports made under this Act. | ||
For purposes of this Section, "child" includes an adult | ||
resident as defined in this Act. | ||
(Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23.) | ||
(325 ILCS 5/8.6) | ||
Sec. 8.6. Reports to a child's school. Within 10 days | ||
after completing an investigation of alleged physical or | ||
sexual abuse under this Act, if the report is indicated, the | ||
Child Protective Service Unit shall send a copy of its final | ||
finding report to the school that the child , who is the | ||
indicated victim of child abuse, the report attends. During If | ||
the final finding report is sent during the summer when the | ||
school is not in session, the report shall be sent to the last | ||
school that the child attended. The final finding report shall | ||
be sent as "confidential", and the school shall be responsible | ||
for ensuring that the report remains confidential in | ||
accordance with the Illinois School Student Records Act. If an | ||
indicated finding is overturned in an appeal or hearing, or if | ||
the Department has made a determination that the child is no | ||
longer at risk of physical or sexual harm, the Department |
shall request that the final finding report be purged from the | ||
student's record, and the school shall purge the final finding | ||
report from the student's record . The final finding report | ||
shall provide the date of expungement and return the report to | ||
the Department. If an indicated report is expunged from the | ||
central register, and that report has been sent to a child's | ||
school, the Department shall request that the final finding | ||
report be purged from the student's record, and the school | ||
shall purge the final finding report from the student's record | ||
in accordance with the Illinois School Student Records Act and | ||
return the report to the Department . | ||
(Source: P.A. 92-295, eff. 1-1-02.) |