Public Act 099-0350
 
SB1763 EnrolledLRB099 10385 KTG 30612 b


  
    AN ACT concerning children.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 1. The Children and Family Services Act is amended 
by adding Section 5.05 and by adding Section 5.40 as follows:
 
    (20 ILCS 505/5.05 new)
    Sec. 5.05. Victims of sex trafficking. 
    (a) Legislative findings. Because of their histories of 
trauma, youth in the care of the Department of Children and 
Family Services are particularly vulnerable to sex 
traffickers. Sex traffickers often target child care 
facilities licensed by the Department to recruit their victims.  
Foster children who are victims of sex trafficking present 
unique treatment needs that existing treatment programs are not 
always able to address. The Department of Children and Family 
Services needs to develop a comprehensive strategy and 
continuum of care to treat foster children who are identified 
as victims of sex trafficking.
    (b) Multi-disciplinary workgroup. By January 1, 2016, the 
Department shall convene a multi-disciplinary workgroup to 
review treatment programs for youth in the Department's care 
who are victims of sex trafficking and to make recommendations 
regarding a continuum of care for these vulnerable youth.  The 
workgroup shall do all of the following:
        (1) Conduct a survey of literature and of existing 
    treatment program models available in the State and outside 
    the State for youth in the Department's care who are 
    victims of sex trafficking, taking into account whether the 
    programs have been subject to evaluation.
        (2) Evaluate the need for new programs in the State, 
    taking into account that youth in the Department's care who 
    are victims of sex trafficking can present a variety of 
    additional needs, including mental illness, medical needs, 
    emotional disturbance, and cognitive delays.
        (3) Review existing State laws and rules that permit 
    children to be placed in secured therapeutic residential 
    care and recommend (i) whether secured residential care 
    should be part of a continuum of care in the State for 
    foster youth who have been sexually trafficked and who 
    repeatedly run away from treatment facilities, and if so, 
    whether any amendments to existing State laws and rules 
    should be made; and (ii) the circumstances under which 
    youth should be considered for placement in secured 
    therapeutic residential care.
        (4) Make recommendations regarding a continuum of care 
    for children in the Department's care who are victims of 
    sex trafficking.
    (c) Composition of workgroup. The workgroup shall consist 
of a minimum of:
        (1) two representatives of the Department, including 
    at least one who is familiar with child care facilities 
    licensed by the Department under the Child Care Act of 1969 
    that provide residential services;
        (2) one representative of a child advocacy 
    organization; 
        (3) one licensed clinician with expertise in working 
    with youth in the Department's care;
        (4) one licensed clinician with expertise in working 
    with youth who are victims of sex trafficking;
        (5) one board-certified child and adolescent 
    psychiatrist;
        (6) two persons representing providers of residential 
    treatment programs operating in the State;
        (7) two persons representing providers of adolescent 
    foster care or specialized foster care programs operating 
    in the State;
        (8) one representative of the Department of Children 
    and Family Services' Statewide Youth Advisory Board;
        (9) one representative of an agency independent of the 
    Department who has experience in providing treatment to 
    children and youth who are victims of sex trafficking; and
        (10) one representative of a law enforcement agency 
    that works with youth who are victims of sex trafficking.
    (d) Records and information. Upon request, the Department 
shall provide the workgroup with all records and information in 
the Department's possession that are relevant to the 
workgroup's review of existing programs and to the workgroup's 
review of the need for new programs for victims of sex 
trafficking. The Department shall redact any confidential 
information from the records and information provided to the 
workgroup to maintain the confidentiality of persons served by 
the Department.
    (e) Workgroup report. The workgroup shall provide a report 
to the General Assembly no later than January 1, 2017 with its 
findings and recommendations.
    (f) Department report. No later than March 1, 2017, the 
Department shall implement the workgroup's recommendations, as 
feasible and appropriate, and shall submit a written report to 
the General Assembly that explains the Department's decision to 
implement or to not implement each of the workgroup's 
recommendations.
 
    (20 ILCS 505/5.40 new)
    Sec. 5.40. Multi-dimensional treatment foster care. 
    Subject to appropriations, beginning June 1, 2016, the 
Department shall implement a 5-year pilot program of 
multi-dimensional treatment foster care, or a substantially 
similar evidence-based program of professional foster care, 
for (i) children entering care with severe trauma histories, 
with the goal of returning the child home or maintaining the 
child in foster care instead of placing the child in congregate 
care or a more restrictive setting or placement, (ii) children 
who require placement in foster care when they are ready for 
discharge from a residential treatment facility, and (iii) 
children who are identified for residential or group home care 
and who, based on a determination made by the Department, could 
be placed in a foster home if higher level interventions are 
provided.
    The Department shall arrange for an independent evaluation 
of the pilot program to determine whether it is meeting the 
goal of maintaining children in the least restrictive, most 
appropriate family-like setting, near the child's home 
community, while they are in the Department's care and to 
determine whether there is a long-term cost benefit to 
continuing the pilot program. 
    At the end of the 5-year pilot program, the Department 
shall submit a report to the General Assembly with its findings 
of the evaluation. The report shall state whether the 
Department intends to continue the pilot program and the 
rationale for its decision. 


 
    Section 10. The Department of Human Services Act is amended 
by adding Section 10-34 as follows:
 
    (20 ILCS 1305/10-34 new)
    Sec. 10-34. Public awareness of the national hotline 
number. The Department of Human Services shall cooperate with 
the Department of Transportation to promote public awareness 
regarding the national human trafficking hotline. This 
includes, but is not limited to, displaying public awareness 
signs in high risk areas, such as, but not limited to, truck 
stops, bus stations, train stations, airports, and rest stops.
 
    Section 15. The Child Care Act of 1969 is amended  by adding 
Section 8.5 as follows:
 
    (225 ILCS 10/8.5 new)
    Sec. 8.5. Reporting suspected abuse or neglect. The 
Department shall address through rules and procedures the 
failure of individual staff at child care facilities or child 
welfare agencies to report suspected abuse or neglect of 
children within the child care facility as required by the 
Abused and Neglected Child Reporting Act.
    The rules and procedures shall include provisions for when 
the Department learns of the child care facility's staff's 
failure to report suspected abuse or neglect of children and 
the actions the Department will take to (i) ensure that the 
child care facility takes immediate action with the individual 
staff involved and (ii) investigate whether the failure to 
report suspected abuse and neglect was a single incident or 
part of a larger incident involving additional staff members 
who failed to report, or whether the failure to report 
suspected abuse and neglect is a system-wide problem within the 
child care facility or child welfare agency. The rules and 
procedures shall also include the use of corrective action 
plans and the use of supervisory teams to review staff and 
facility understanding of their reporting requirements.
    The Department shall adopt rules by July 1, 2016.
 
    Section 20. The Abused and Neglected Child Reporting Act is 
amended by changing Sections 3, 7.3, and 7.8 as follows:
 
    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
    Sec. 3. As used in this Act unless the context otherwise 
requires: 
    "Adult resident" means any person between 18 and 22 years 
of age who resides in any facility licensed by the Department 
under the Child Care Act of 1969. For purposes of this Act, the 
criteria set forth in the definitions of  "abused child" and 
"neglected child" shall be used in determining whether an adult 
resident is abused or neglected.
    "Agency" means a child care facility licensed under Section 
2.05 or Section 2.06 of the Child Care Act of 1969 and includes 
a transitional living program that accepts children and adult 
residents for placement who are in the guardianship of the 
Department. 
    "Blatant disregard" means an incident where the real, 
significant, and imminent risk of harm would be so obvious to a 
reasonable parent or caretaker that it is unlikely that a 
reasonable parent or caretaker would have exposed the child to 
the danger without exercising precautionary measures to 
protect the child from harm. With respect to a person working 
at an agency in his or her professional capacity with a child 
or adult resident, "blatant disregard" includes a failure by 
the person to perform job responsibilities intended to protect 
the child's or adult resident's health, physical well-being, or 
welfare, and, when viewed in light of the surrounding 
circumstances, evidence exists that would cause a reasonable 
person to believe that the child was neglected.  With respect to 
an agency, "blatant disregard" includes a failure to implement 
practices that ensure the health, physical well-being, or 
welfare of the children and adult residents residing in the 
facility. 
    "Child" means any person under the age of 18 years, unless 
legally
emancipated by reason of marriage or entry into a 
branch of the United
States armed services.
    "Department" means Department of Children and Family 
Services.
    "Local law enforcement agency" means the police of a city, 
town,
village or other incorporated area or the sheriff of an 
unincorporated
area or any sworn officer of the Illinois 
Department of State Police.
    "Abused child"
means a child whose parent or immediate 
family
member,
or any person responsible for the child's 
welfare,  or any individual
residing in the same home as the 
child, or a paramour of the child's parent:
        (a) inflicts, causes to be inflicted, or allows to be

    inflicted upon
such child physical injury, by other than 
    accidental means, which causes
death, disfigurement, 
    impairment of physical or
emotional health, or loss or 
    impairment of any bodily function;
        (b) creates a substantial risk of physical injury to 
    such
child by
other than accidental means which would be 
    likely to cause death,
disfigurement, impairment of 
    physical or emotional health, or loss or
impairment of any 
    bodily function;
        (c) commits or allows to be committed any sex offense 
    against
such child,
as such sex offenses are defined in the 
    Criminal Code of 2012 or in the Wrongs to Children Act,
and 
    extending those definitions of sex offenses to include 
    children under
18 years of age;
        (d) commits or allows to be committed an act or acts of

    torture upon
such child;
        (e) inflicts excessive corporal punishment or, in the 
    case of a person working for an agency who is prohibited 
    from using corporal punishment, inflicts corporal 
    punishment upon a child or adult resident with whom the 
    person is working in his or her professional capacity;  
        (f) commits or allows to be committed
the offense of

    female
genital mutilation, as defined in Section 12-34 of 
    the Criminal Code of
2012, against the child;
        (g) causes to be sold, transferred, distributed, or 
    given to
such child
under 18 years of age, a controlled 
    substance as defined in Section 102 of the
Illinois 
    Controlled  Substances Act in violation of Article IV of the 
    Illinois
Controlled Substances Act or in violation of the 
    Methamphetamine Control and Community Protection Act, 
    except for controlled substances that are prescribed
in 
    accordance with Article III of the Illinois Controlled 
    Substances Act and
are dispensed to such child in a manner 
    that substantially complies with the
prescription; or
        (h) commits or allows to be committed the offense of 
    involuntary servitude, involuntary sexual servitude of a 
    minor, or trafficking in persons as defined in Section 10-9 
    of the Criminal Code of 2012 against the child. 
    A child shall not be considered abused for the sole reason 
that the child
has been relinquished in accordance with the 
Abandoned Newborn Infant
Protection Act.
    "Neglected child" means any child who is not receiving the 
proper or
necessary nourishment or medically indicated 
treatment including food or care
not provided solely on the 
basis of the present or anticipated mental or
physical 
impairment as determined by a physician acting alone or in

consultation with other physicians or otherwise is not 
receiving the proper or
necessary support or medical or other 
remedial care recognized under State law
as necessary for a 
child's well-being, or other care necessary for his or her

well-being, including adequate food, clothing and shelter; or 
who is subjected to an environment which is injurious insofar 
as (i) the child's environment creates a likelihood of harm to 
the child's health, physical well-being, or welfare and (ii) 
the likely harm to the child is the result of a blatant 
disregard of parent, or caretaker, or agency responsibilities; 
or who is abandoned
by his or her parents or other person 
responsible for the child's welfare
without a proper plan of 
care;    or who has been provided with interim crisis intervention 
services under
Section 3-5 of
the Juvenile Court Act of 1987 
and  whose parent, guardian, or custodian refuses to
permit
the 
child to return home and no other living arrangement agreeable

to the parent, guardian, or custodian can be made, and the 
parent, guardian, or custodian has not made any other 
appropriate living arrangement for the child; or who is a 
newborn infant whose blood, urine,
or meconium
contains any 
amount of a controlled substance as defined in subsection (f) 
of
Section 102 of the Illinois Controlled Substances Act or a 
metabolite thereof,
with the exception of a controlled 
substance or metabolite thereof whose
presence in the newborn 
infant is the result of medical treatment administered
to the 
mother or the newborn infant. A child shall not be considered 
neglected
for the sole reason that the child's parent or other 
person responsible for his
or her welfare has left the child in 
the care of an adult relative for any
period of time. A child 
shall not be considered neglected for the sole reason
that the 
child has been relinquished in accordance with the Abandoned 
Newborn
Infant Protection Act.  A child shall not be considered 
neglected or abused
for the
sole reason that such child's 
parent or other person responsible for his or her
welfare 
depends upon spiritual means through prayer alone for the 
treatment or
cure of disease or remedial care as provided under 
Section 4 of this Act.  A
child shall not be considered 
neglected or abused solely because the child is
not attending 
school in accordance with the requirements of Article 26 of The

School Code, as amended.
    "Child Protective Service Unit" means certain specialized 
State employees of
the Department assigned by the Director to 
perform the duties and
responsibilities as provided under 
Section 7.2 of this Act.
    "Person responsible for the child's welfare" means the 
child's parent;
guardian; foster parent; relative caregiver; 
any person responsible for the
child's welfare in a public or 
private residential agency or institution; any
person 
responsible for the child's welfare within a public or private 
profit or
not for profit child care facility; or any other 
person responsible for the
child's welfare at the time of the 
alleged abuse or neglect, including any person that is the 
custodian of a child under 18 years of age who commits or 
allows to be committed, against the child, the offense of 
involuntary servitude, involuntary sexual servitude of a 
minor, or trafficking in persons for forced labor or services, 
as provided in Section 10-9 of the Criminal Code of 2012, or 
any person who
came to know the child through an official 
capacity or position of trust,
including but not limited to 
health care professionals, educational personnel,
recreational 
supervisors, members of the clergy, and volunteers or
support 
personnel in any setting
where children may be subject to abuse 
or neglect.
    "Temporary protective custody" means custody within a 
hospital or
other medical facility or a place previously 
designated for such custody
by the Department, subject to 
review by the Court, including a licensed
foster home, group 
home, or other institution; but such place shall not
be a jail 
or other place for the detention of criminal or juvenile 
offenders.
    "An unfounded report" means any report made under this Act 
for which
it is determined after an investigation that no 
credible evidence of
abuse or neglect exists.
    "An indicated report" means a report made under this Act if 
an
investigation determines that credible evidence of the 
alleged
abuse or neglect exists.
    "An undetermined report" means any report made under this 
Act in
which it was not possible to initiate or complete an 
investigation on
the basis of information provided to the 
Department.
    "Subject of report" means any child reported to the central 
register
of child abuse and neglect established under Section 
7.7 of this Act as an alleged victim of child abuse or neglect 
and
the parent or guardian of the alleged victim or other 
person responsible for the alleged victim's welfare who is 
named in the report or added to the report as an alleged 
perpetrator of child abuse or neglect.
    "Perpetrator" means a person who, as a result of 
investigation, has
been determined by the Department to have 
caused child abuse or neglect.
    "Member of the clergy" means a clergyman or practitioner of 
any religious
denomination accredited by the religious body to 
which he or she belongs.
(Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10; 
96-1464, eff. 8-20-10; 97-333, eff. 8-12-11; 97-803, eff. 
7-13-12; 97-897, eff. 1-1-13; 97-1063, eff. 8-24-12; 97-1150, 
eff. 1-25-13.)
 



    (325 ILCS 5/7.3)  (from Ch. 23, par. 2057.3)



    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,
including reports of 
adult resident abuse or neglect as defined in 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.

    (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".

    (c) By June 1, 2016, the Department shall adopt rules that 
address and set forth criteria and standards relevant to 
investigations of reports of abuse or neglect committed by any 
agency, as defined in Section 3 of this Act, or person working 
for an agency responsible for the welfare of a child or adult 
resident. 
(Source: P.A. 95-57, eff. 8-10-07; 96-1446, eff. 8-20-10.)

 



    (325 ILCS 5/7.8)  (from Ch. 23, par. 2057.8)



    Sec. 7.8. 
Upon receiving an oral or written report of 
suspected
child abuse or neglect, the Department shall 
immediately notify, either
orally or electronically, the Child 
Protective Service Unit of a previous
report concerning a 
subject of the present report or other pertinent
information. 
In addition, upon satisfactory identification procedures, to

be established by Department regulation, any person authorized 
to have
access to records under Section 11.1 relating to child  
abuse and neglect
may request and shall be immediately provided 
the information requested in
accordance with this Act.  However, 
no information shall be released unless
it prominently states 
the report is "indicated", and only information from

"indicated" reports shall be released, except that information 
concerning
pending reports may be released pursuant to Sections 
7.14 and 7.22 of this Act to the attorney or guardian ad litem 
appointed under Section 2-17 of the Juvenile Court Act of 1987 
and to any person authorized under
paragraphs (1), (2), (3) and 
(11) of Section 11.1. In addition, State's
Attorneys are 
authorized to receive unfounded reports for prosecution

purposes related to the transmission of false reports of child 
abuse or
neglect in violation of subsection (a), paragraph (7) 
of Section 26-1
of the Criminal Code of 2012 and attorneys and 
guardians ad litem appointed under
Article II of the Juvenile 
Court Act of 1987 shall receive the
reports set forth in 
Section 7.14 of this Act in conformance with paragraph
(19) of 
Section 11.1 and Section 7.14 of this Act. The Department is 
authorized and required to release information from unfounded 
reports, upon request by a person who has access to the 
unfounded report as provided in this Act, as necessary in its 
determination to protect children and adult residents who are 
in child care facilities licensed by the Department under the 
Child Care Act of 1969. The names and other
identifying data 
and the dates and the circumstances of any persons
requesting 
or receiving information from the central register shall be

entered in the register record.

(Source: P.A. 97-1150, eff. 1-25-13; 98-807, eff. 8-1-14; 
revised 11-25-14.)

 
    Section 99. Effective date. This Act takes effect on 
January 1,
2016, except that Section 20 takes effect on June 1, 
2016.