Rep. Robyn Gabel
Filed: 5/9/2018
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1 | AMENDMENT TO SENATE BILL 2516
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2 | AMENDMENT NO. ______. Amend Senate Bill 2516 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Abused and Neglected Child Reporting Act is | ||||||
5 | amended by changing Section 4 as follows:
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6 | (325 ILCS 5/4)
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7 | Sec. 4. Persons required to report; privileged | ||||||
8 | communications;
transmitting false report. Any physician, | ||||||
9 | resident, intern, hospital,
hospital administrator
and | ||||||
10 | personnel engaged in examination, care and treatment of | ||||||
11 | persons, surgeon,
dentist, dentist hygienist, osteopath, | ||||||
12 | chiropractor, podiatric physician, physician
assistant, | ||||||
13 | substance abuse treatment personnel, funeral home
director or | ||||||
14 | employee, coroner, medical examiner, emergency medical | ||||||
15 | technician,
acupuncturist, crisis line or hotline personnel, | ||||||
16 | school personnel (including administrators and both certified |
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1 | and non-certified school employees), personnel of institutions | ||||||
2 | of higher education, educational
advocate assigned to a child | ||||||
3 | pursuant to the School Code, member of a school board or the | ||||||
4 | Chicago Board of Education or the governing body of a private | ||||||
5 | school (but only to the extent required in accordance with | ||||||
6 | other provisions of this Section expressly concerning the duty | ||||||
7 | of school board members to report suspected child abuse), | ||||||
8 | truant officers,
social worker, social services administrator,
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9 | domestic violence program personnel, registered nurse, | ||||||
10 | licensed
practical nurse, genetic counselor,
respiratory care | ||||||
11 | practitioner, advanced practice registered nurse, home
health | ||||||
12 | aide, director or staff
assistant of a nursery school or a | ||||||
13 | child day care center, recreational or athletic program
or | ||||||
14 | facility personnel, early intervention provider as defined in | ||||||
15 | the Early Intervention Services System Act, law enforcement | ||||||
16 | officer, licensed professional
counselor, licensed clinical | ||||||
17 | professional counselor, registered psychologist
and
assistants | ||||||
18 | working under the direct supervision of a psychologist,
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19 | psychiatrist, or field personnel of the Department of | ||||||
20 | Healthcare and Family Services,
Juvenile Justice, Public | ||||||
21 | Health, Human Services (acting as successor to the Department | ||||||
22 | of Mental
Health and Developmental Disabilities, | ||||||
23 | Rehabilitation Services, or Public Aid),
Corrections, Human | ||||||
24 | Rights, or Children and Family Services, supervisor and
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25 | administrator of general assistance under the Illinois Public | ||||||
26 | Aid Code,
probation officer, animal control officer or Illinois |
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1 | Department of Agriculture Bureau of Animal Health and Welfare | ||||||
2 | field investigator, or any other foster parent, homemaker or | ||||||
3 | child care worker
having reasonable cause to believe a child | ||||||
4 | known to them in their professional
or official capacity may be | ||||||
5 | an abused child or a neglected child shall
immediately report | ||||||
6 | or cause a report to be made to the Department.
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7 | Any member of the clergy having reasonable cause to believe | ||||||
8 | that a child
known to that member of the clergy in his or her | ||||||
9 | professional capacity may be
an abused child as defined in item | ||||||
10 | (c) of the definition of "abused child" in
Section 3 of this | ||||||
11 | Act shall immediately report or cause a report to be made to
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12 | the Department.
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13 | Any physician, physician's assistant, registered nurse, | ||||||
14 | licensed practical nurse, medical technician, certified | ||||||
15 | nursing assistant, social worker, or licensed professional | ||||||
16 | counselor of any office, clinic, or any other physical location | ||||||
17 | that provides abortions, abortion referrals, or contraceptives | ||||||
18 | having reasonable cause to believe a child known to him or her | ||||||
19 | in his or her professional
or official capacity may be an | ||||||
20 | abused child or a neglected child shall
immediately report or | ||||||
21 | cause a report to be made to the Department. | ||||||
22 | If an allegation is raised to a school board member during | ||||||
23 | the course of an open or closed school board meeting that a | ||||||
24 | child who is enrolled in the school district of which he or she | ||||||
25 | is a board member is an abused child as defined in Section 3 of | ||||||
26 | this Act, the member shall direct or cause the school board to |
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1 | direct the superintendent of the school district or other | ||||||
2 | equivalent school administrator to comply with the | ||||||
3 | requirements of this Act concerning the reporting of child | ||||||
4 | abuse. For purposes of this paragraph, a school board member is | ||||||
5 | granted the authority in his or her individual capacity to | ||||||
6 | direct the superintendent of the school district or other | ||||||
7 | equivalent school administrator to comply with the | ||||||
8 | requirements of this Act concerning the reporting of child | ||||||
9 | abuse.
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10 | Notwithstanding any other provision of this Act, if an | ||||||
11 | employee of a school district has made a report or caused a | ||||||
12 | report to be made to the Department under this Act involving | ||||||
13 | the conduct of a current or former employee of the school | ||||||
14 | district and a request is made by another school district for | ||||||
15 | the provision of information concerning the job performance or | ||||||
16 | qualifications of the current or former employee because he or | ||||||
17 | she is an applicant for employment with the requesting school | ||||||
18 | district, the general superintendent of the school district to | ||||||
19 | which the request is being made must disclose to the requesting | ||||||
20 | school district the fact that an employee of the school | ||||||
21 | district has made a report involving the conduct of the | ||||||
22 | applicant or caused a report to be made to the Department, as | ||||||
23 | required under this Act. Only the fact that an employee of the | ||||||
24 | school district has made a report involving the conduct of the | ||||||
25 | applicant or caused a report to be made to the Department may | ||||||
26 | be disclosed by the general superintendent of the school |
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1 | district to which the request for information concerning the | ||||||
2 | applicant is made, and this fact may be disclosed only in cases | ||||||
3 | where the employee and the general superintendent have not been | ||||||
4 | informed by the Department that the allegations were unfounded. | ||||||
5 | An employee of a school district who is or has been the subject | ||||||
6 | of a report made pursuant to this Act during his or her | ||||||
7 | employment with the school district must be informed by that | ||||||
8 | school district that if he or she applies for employment with | ||||||
9 | another school district, the general superintendent of the | ||||||
10 | former school district, upon the request of the school district | ||||||
11 | to which the employee applies, shall notify that requesting | ||||||
12 | school district that the employee is or was the subject of such | ||||||
13 | a report.
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14 | Whenever
such person is required to report under this Act | ||||||
15 | in his capacity as a member of
the staff of a medical or other | ||||||
16 | public or private institution, school, facility
or agency, or | ||||||
17 | as a member of the clergy, he shall
make report immediately to | ||||||
18 | the Department in accordance
with the provisions of this Act | ||||||
19 | and may also notify the person in charge of
such institution, | ||||||
20 | school, facility or agency, or church, synagogue, temple,
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21 | mosque, or other religious institution, or his
designated agent | ||||||
22 | that such
report has been made. Under no circumstances shall | ||||||
23 | any person in charge of
such institution, school, facility or | ||||||
24 | agency, or church, synagogue, temple,
mosque, or other | ||||||
25 | religious institution, or his
designated agent to whom
such | ||||||
26 | notification has been made, exercise any control, restraint, |
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1 | modification
or other change in the report or the forwarding of | ||||||
2 | such report to the
Department.
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3 | The privileged quality of communication between any | ||||||
4 | professional
person required to report
and his patient or | ||||||
5 | client shall not apply to situations involving abused or
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6 | neglected children and shall not constitute grounds for failure | ||||||
7 | to report
as required by this Act or constitute grounds for | ||||||
8 | failure to share information or documents with the Department | ||||||
9 | during the course of a child abuse or neglect investigation. If | ||||||
10 | requested by the professional, the Department shall confirm in | ||||||
11 | writing that the information or documents disclosed by the | ||||||
12 | professional were gathered in the course of a child abuse or | ||||||
13 | neglect investigation.
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14 | The reporting requirements of this Act shall not apply to | ||||||
15 | the contents of a privileged communication between an attorney | ||||||
16 | and his or her client or to confidential information within the | ||||||
17 | meaning of Rule 1.6 of the Illinois Rules of Professional | ||||||
18 | Conduct relating to the legal representation of an individual | ||||||
19 | client. | ||||||
20 | A member of the clergy may claim the privilege under | ||||||
21 | Section 8-803 of the
Code of Civil Procedure.
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22 | Any office, clinic, or any other physical location that | ||||||
23 | provides abortions, abortion referrals, or contraceptives | ||||||
24 | shall provide to all office personnel copies of written | ||||||
25 | information and training materials about abuse and neglect and | ||||||
26 | the requirements of this Act that are provided to employees of |
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1 | the office, clinic, or physical location who are required to | ||||||
2 | make reports to the Department under this Act, and instruct | ||||||
3 | such office personnel to bring to the attention of an employee | ||||||
4 | of the office, clinic, or physical location who is required to | ||||||
5 | make reports to the Department under this Act any reasonable | ||||||
6 | suspicion that a child known to him or her in his or her | ||||||
7 | professional or official capacity may be an abused child or a | ||||||
8 | neglected child. In addition to the above persons required to
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9 | report suspected cases of abused or neglected children, any | ||||||
10 | other person
may make a report if such person has reasonable | ||||||
11 | cause to believe a child
may be an abused child or a neglected | ||||||
12 | child.
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13 | Any person who enters into
employment on and after July 1, | ||||||
14 | 1986 and is mandated by virtue of that
employment to report | ||||||
15 | under this Act, shall sign a statement on a form
prescribed by | ||||||
16 | the Department, to the effect that the employee has knowledge
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17 | and understanding of the reporting requirements of this Act. On | ||||||
18 | and after January 1, 2019, the statement
shall also include | ||||||
19 | information about available mandated reporter training | ||||||
20 | provided by the Department. The statement
shall be signed prior | ||||||
21 | to commencement of the employment. The signed
statement shall | ||||||
22 | be retained by the employer. The cost of printing,
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23 | distribution, and filing of the statement shall be borne by the | ||||||
24 | employer.
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25 | Within one year of initial employment and at least every 5 | ||||||
26 | years thereafter, school personnel required to report child |
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1 | abuse as provided under this Section must complete mandated | ||||||
2 | reporter training by a provider or agency with expertise in | ||||||
3 | recognizing and reporting child abuse. | ||||||
4 | The Department shall provide copies of this Act, upon | ||||||
5 | request, to all
employers employing persons who shall be | ||||||
6 | required under the provisions of
this Section to report under | ||||||
7 | this Act.
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8 | Any person who knowingly transmits a false report to the | ||||||
9 | Department
commits the offense of disorderly conduct under | ||||||
10 | subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. | ||||||
11 | A violation of this provision is a Class 4 felony.
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12 | Any person who knowingly and willfully violates any | ||||||
13 | provision of this
Section other than a second or subsequent | ||||||
14 | violation of transmitting a
false report as described in the
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15 | preceding paragraph, is guilty of a
Class A misdemeanor for
a | ||||||
16 | first violation and a Class
4 felony for a
second or subsequent | ||||||
17 | violation; except that if the person acted as part
of a plan or | ||||||
18 | scheme having as its object the
prevention of discovery of an | ||||||
19 | abused or neglected child by lawful authorities
for the
purpose | ||||||
20 | of protecting or insulating any person or entity from arrest or
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21 | prosecution, the
person is guilty of a Class 4 felony for a | ||||||
22 | first offense and a Class 3 felony
for a second or
subsequent | ||||||
23 | offense (regardless of whether the second or subsequent offense
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24 | involves any
of the same facts or persons as the first or other | ||||||
25 | prior offense).
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26 | A child whose parent, guardian or custodian in good faith |
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1 | selects and depends
upon spiritual means through prayer alone | ||||||
2 | for the treatment or cure of
disease or remedial care may be | ||||||
3 | considered neglected or abused, but not for
the sole reason | ||||||
4 | that his parent, guardian or custodian accepts and
practices | ||||||
5 | such beliefs.
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6 | A child shall not be considered neglected or abused solely | ||||||
7 | because the
child is not attending school in accordance with | ||||||
8 | the requirements of
Article 26 of the School Code, as amended.
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9 | Nothing in this Act prohibits a mandated reporter who | ||||||
10 | reasonably believes that an animal is being abused or neglected | ||||||
11 | in violation of the Humane Care for Animals Act from reporting | ||||||
12 | animal abuse or neglect to the Department of Agriculture's | ||||||
13 | Bureau of Animal Health and Welfare. | ||||||
14 | A home rule unit may not regulate the reporting of child | ||||||
15 | abuse or neglect in a manner inconsistent with the provisions | ||||||
16 | of this Section. This Section is a limitation under subsection | ||||||
17 | (i) of Section 6 of Article VII of the Illinois Constitution on | ||||||
18 | the concurrent exercise by home rule units of powers and | ||||||
19 | functions exercised by the State. | ||||||
20 | For purposes of this Section "child abuse or neglect" | ||||||
21 | includes abuse or neglect of an adult resident as defined in | ||||||
22 | this Act. | ||||||
23 | (Source: P.A. 100-513, eff. 1-1-18 .)".
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