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| Public Act 095-0057 |
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Abused and Neglected Child Reporting Act is | ||||
amended by changing Sections 7 and 7.3 as follows:
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(325 ILCS 5/7) (from Ch. 23, par. 2057)
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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
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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,
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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.
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Wherever the Statewide number is posted, there shall also | ||||
be posted the
following notice:
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"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 1961. | ||
A first violation of this
subsection is a Class A misdemeanor, | ||
punishable by a term of imprisonment
for up to one year, or by | ||
a fine not to exceed $1,000, or by both such term
and fine. A | ||
second or subsequent violation is a Class 4 felony."
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The report required by this Act shall include, if known, | ||
the name
and address of the child and his parents or other | ||
persons having his
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,
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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
twelve 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
48
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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.
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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 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.
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(Source: P.A. 92-801, eff. 8-16-02.)
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(325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
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Sec. 7.3. (a) The Department shall be the sole agency | ||
responsible for receiving
and investigating reports of child | ||
abuse or neglect made under this Act,
except where | ||
investigations by other agencies may be required with
respect | ||
to reports alleging the death of a child, serious injury to a | ||
child
or sexual abuse to a child made pursuant to Sections 4.1 | ||
or 7 of this Act,
and except that the Department may delegate | ||
the performance of the
investigation to the Department of State | ||
Police, a law enforcement agency
and to those private social | ||
service agencies which have been designated for
this purpose by | ||
the Department prior to July 1, 1980.
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(b) Notwithstanding any other provision of this Act, the | ||
Department shall adopt rules expressly allowing law | ||
enforcement personnel to investigate reports of suspected | ||
child abuse or neglect concurrently with the Department, | ||
without regard to whether the Department determines a report to | ||
be "indicated" or "unfounded" or deems a report to be | ||
"undetermined".
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(Source: P.A. 85-1440.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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