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1 | AN ACT concerning children. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Section 5. The Abused and Neglected Child Reporting Act is | |||||||||||||||||||
5 | amended by changing Section 7.4 as follows: | |||||||||||||||||||
6 | (325 ILCS 5/7.4) | |||||||||||||||||||
7 | Sec. 7.4. (a) The Department shall be capable of receiving | |||||||||||||||||||
8 | reports of suspected child abuse or neglect 24 hours a day, 7 | |||||||||||||||||||
9 | days a week. Whenever the Department receives a report | |||||||||||||||||||
10 | alleging that a child is a truant as defined in Section 26-2a | |||||||||||||||||||
11 | of the School Code, as now or hereafter amended, the | |||||||||||||||||||
12 | Department shall notify the superintendent of the school | |||||||||||||||||||
13 | district in which the child resides and the appropriate | |||||||||||||||||||
14 | superintendent of the educational service region. The | |||||||||||||||||||
15 | notification to the appropriate officials by the Department | |||||||||||||||||||
16 | shall not be considered an allegation of abuse or neglect | |||||||||||||||||||
17 | under this Act. | |||||||||||||||||||
18 | (a-5) The Department of Children and Family Services may | |||||||||||||||||||
19 | implement a "differential response program" in accordance with | |||||||||||||||||||
20 | criteria, standards, and procedures prescribed by rule. The | |||||||||||||||||||
21 | program may provide that, upon receiving a report, the | |||||||||||||||||||
22 | Department shall determine whether to conduct a family | |||||||||||||||||||
23 | assessment or an investigation as appropriate to prevent or |
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1 | provide a remedy for child abuse or neglect. | ||||||
2 | For purposes of this subsection (a-5), "family assessment" | ||||||
3 | means a comprehensive assessment of child safety, risk of | ||||||
4 | subsequent child maltreatment, and family strengths and needs | ||||||
5 | that is applied to a child maltreatment report that does not | ||||||
6 | allege substantial child endangerment. "Family assessment" | ||||||
7 | does not include a determination as to whether child | ||||||
8 | maltreatment occurred but does determine the need for services | ||||||
9 | to address the safety of family members and the risk of | ||||||
10 | subsequent maltreatment. | ||||||
11 | For purposes of this subsection (a-5), "investigation" | ||||||
12 | means fact-gathering related to the current safety of a child | ||||||
13 | and the risk of subsequent abuse or neglect that determines | ||||||
14 | whether a report of suspected child abuse or neglect should be | ||||||
15 | indicated or unfounded and whether child protective services | ||||||
16 | are needed. | ||||||
17 | Under the "differential response program" implemented | ||||||
18 | under this subsection (a-5), the Department: | ||||||
19 | (1) Shall conduct an investigation on reports | ||||||
20 | involving substantial child abuse or neglect. | ||||||
21 | (2) Shall begin an immediate investigation if, at any | ||||||
22 | time when it is using a family assessment response, it | ||||||
23 | determines that there is reason to believe that | ||||||
24 | substantial child abuse or neglect or a serious threat to | ||||||
25 | the child's safety exists. | ||||||
26 | (3) May conduct a family assessment for reports that |
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1 | do not allege substantial child endangerment. In | ||||||
2 | determining that a family assessment is appropriate, the | ||||||
3 | Department may consider issues, including, but not limited | ||||||
4 | to, child safety, parental cooperation, and the need for | ||||||
5 | an immediate response. | ||||||
6 | (4) Shall promulgate criteria, standards, and | ||||||
7 | procedures that shall be applied in making this | ||||||
8 | determination, taking into consideration the Safety-Based | ||||||
9 | Child Welfare Intervention System of the Department. | ||||||
10 | (5) May conduct a family assessment on a report that | ||||||
11 | was initially screened and assigned for an investigation. | ||||||
12 | In determining that a complete investigation is not | ||||||
13 | required, the Department must document the reason for | ||||||
14 | terminating the investigation and notify the local law | ||||||
15 | enforcement agency or the Illinois State Police if the local | ||||||
16 | law enforcement agency or Illinois State Police is conducting | ||||||
17 | a joint investigation. | ||||||
18 | Once it is determined that a "family assessment" will be | ||||||
19 | implemented, the case shall not be reported to the central | ||||||
20 | register of abuse and neglect reports. | ||||||
21 | During a family assessment, the Department shall collect | ||||||
22 | any available and relevant information to determine child | ||||||
23 | safety, risk of subsequent abuse or neglect, and family | ||||||
24 | strengths. | ||||||
25 | Information collected includes, but is not limited to, | ||||||
26 | when relevant: information with regard to the person reporting |
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1 | the alleged abuse or neglect, including the nature of the | ||||||
2 | reporter's relationship to the child and to the alleged | ||||||
3 | offender, and the basis of the reporter's knowledge for the | ||||||
4 | report; the child allegedly being abused or neglected; the | ||||||
5 | alleged offender; the child's caretaker; and other collateral | ||||||
6 | sources having relevant information related to the alleged | ||||||
7 | abuse or neglect. Information relevant to the assessment must | ||||||
8 | be asked for, and may include: | ||||||
9 | (A) The child's sex and age, prior reports of abuse or | ||||||
10 | neglect, information relating to developmental | ||||||
11 | functioning, credibility of the child's statement, and | ||||||
12 | whether the information provided under this paragraph (A) | ||||||
13 | is consistent with other information collected during the | ||||||
14 | course of the assessment or investigation. | ||||||
15 | (B) The alleged offender's age, a record check for | ||||||
16 | prior reports of abuse or neglect, and criminal charges | ||||||
17 | and convictions. The alleged offender may submit | ||||||
18 | supporting documentation relevant to the assessment. | ||||||
19 | (C) Collateral source information regarding the | ||||||
20 | alleged abuse or neglect and care of the child. Collateral | ||||||
21 | information includes, when relevant: (i) a medical | ||||||
22 | examination of the child; (ii) prior medical records | ||||||
23 | relating to the alleged maltreatment or care of the child | ||||||
24 | maintained by any facility, clinic, or health care | ||||||
25 | professional, and an interview with the treating | ||||||
26 | professionals; and (iii) interviews with the child's |
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1 | caretakers, including the child's parent, guardian, foster | ||||||
2 | parent, child care provider, teachers, counselors, family | ||||||
3 | members, relatives, and other persons who may have | ||||||
4 | knowledge regarding the alleged maltreatment and the care | ||||||
5 | of the child. | ||||||
6 | (D) Information on the existence of domestic abuse and | ||||||
7 | violence in the home of the child, and substance abuse. | ||||||
8 | Nothing in this subsection (a-5) precludes the Department | ||||||
9 | from collecting other relevant information necessary to | ||||||
10 | conduct the assessment or investigation. Nothing in this | ||||||
11 | subsection (a-5) shall be construed to allow the name or | ||||||
12 | identity of a reporter to be disclosed in violation of the | ||||||
13 | protections afforded under Section 7.19 of this Act. | ||||||
14 | After conducting the family assessment, the Department | ||||||
15 | shall determine whether services are needed to address the | ||||||
16 | safety of the child and other family members and the risk of | ||||||
17 | subsequent abuse or neglect. | ||||||
18 | Upon completion of the family assessment, if the | ||||||
19 | Department concludes that no services shall be offered, then | ||||||
20 | the case shall be closed. If the Department concludes that | ||||||
21 | services shall be offered, the Department shall develop a | ||||||
22 | family preservation plan and offer or refer services to the | ||||||
23 | family. | ||||||
24 | At any time during a family assessment, if the Department | ||||||
25 | believes there is any reason to stop the assessment and | ||||||
26 | conduct an investigation based on the information discovered, |
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1 | the Department shall do so. | ||||||
2 | The procedures available to the Department in conducting | ||||||
3 | investigations under this Act shall be followed as appropriate | ||||||
4 | during a family assessment. | ||||||
5 | If the Department implements a differential response | ||||||
6 | program authorized under this subsection (a-5), the Department | ||||||
7 | shall arrange for an independent evaluation of the program for | ||||||
8 | at least the first 3 years of implementation to determine | ||||||
9 | whether it is meeting the goals in accordance with Section 2 of | ||||||
10 | this Act. | ||||||
11 | The Department may adopt administrative rules necessary | ||||||
12 | for the execution of this Section, in accordance with Section | ||||||
13 | 4 of the Children and Family Services Act. | ||||||
14 | The Department shall submit a report to the General | ||||||
15 | Assembly by January 15, 2018 on the implementation progress | ||||||
16 | and recommendations for additional needed legislative changes. | ||||||
17 | (b)(1) The following procedures shall be followed in the | ||||||
18 | investigation of all reports of suspected abuse or neglect of | ||||||
19 | a child, except as provided in subsection (c) of this Section. | ||||||
20 | (2) If, during a family assessment authorized by | ||||||
21 | subsection (a-5) or an investigation, it appears that the | ||||||
22 | immediate safety or well-being of a child is endangered, that | ||||||
23 | the family may flee or the child disappear, or that the facts | ||||||
24 | otherwise so warrant, the Child Protective Service Unit shall | ||||||
25 | commence an investigation immediately, regardless of the time | ||||||
26 | of day or night. All other investigations shall be commenced |
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1 | within 24 hours of receipt of the report. Upon receipt of a | ||||||
2 | report, the Child Protective Service Unit shall conduct a | ||||||
3 | family assessment authorized by subsection (a-5) or begin an | ||||||
4 | initial investigation and make an initial determination | ||||||
5 | whether the report is a good faith indication of alleged child | ||||||
6 | abuse or neglect. | ||||||
7 | (3) Based on an initial investigation, if the Unit | ||||||
8 | determines the report is a good faith indication of alleged | ||||||
9 | child abuse or neglect, then a formal investigation shall | ||||||
10 | commence and, pursuant to Section 7.12 of this Act, may or may | ||||||
11 | not result in an indicated report. The formal investigation | ||||||
12 | shall include: direct contact with the subject or subjects of | ||||||
13 | the report as soon as possible after the report is received; an | ||||||
14 | evaluation of the environment of the child named in the report | ||||||
15 | and any other children in the same environment; a | ||||||
16 | determination of the risk to such children if they continue to | ||||||
17 | remain in the existing environments, as well as a | ||||||
18 | determination of the nature, extent and cause of any condition | ||||||
19 | enumerated in such report; the name, age and condition of | ||||||
20 | other children in the environment; and an evaluation as to | ||||||
21 | whether there would be an immediate and urgent necessity to | ||||||
22 | remove the child from the environment if appropriate family | ||||||
23 | preservation services were provided. After seeing to the | ||||||
24 | safety of the child or children, the Department shall | ||||||
25 | forthwith notify the subjects of the report in writing, of the | ||||||
26 | existence of the report and their rights existing under this |
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1 | Act in regard to amendment or expungement. To fulfill the | ||||||
2 | requirements of this Section, the Child Protective Service | ||||||
3 | Unit shall have the capability of providing or arranging for | ||||||
4 | comprehensive emergency services to children and families at | ||||||
5 | all times of the day or night. | ||||||
6 | (4) If (i) at the conclusion of the Unit's initial | ||||||
7 | investigation of a report, the Unit determines the report to | ||||||
8 | be a good faith indication of alleged child abuse or neglect | ||||||
9 | that warrants a formal investigation by the Unit, the | ||||||
10 | Department, any law enforcement agency or any other | ||||||
11 | responsible agency and (ii) the person who is alleged to have | ||||||
12 | caused the abuse or neglect is employed or otherwise engaged | ||||||
13 | in an activity resulting in frequent contact with children and | ||||||
14 | the alleged abuse or neglect are in the course of such | ||||||
15 | employment or activity, then the Department shall, except in | ||||||
16 | investigations where the Director determines that such | ||||||
17 | notification would be detrimental to the Department's | ||||||
18 | investigation, inform the appropriate supervisor or | ||||||
19 | administrator of that employment or activity that the Unit has | ||||||
20 | commenced a formal investigation pursuant to this Act, which | ||||||
21 | may or may not result in an indicated report. The Department | ||||||
22 | shall also notify the person being investigated, unless the | ||||||
23 | Director determines that such notification would be | ||||||
24 | detrimental to the Department's investigation. | ||||||
25 | (c) In an investigation of a report of suspected abuse or | ||||||
26 | neglect of a child by a school employee at a school or on |
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1 | school grounds, the Department shall make reasonable efforts | ||||||
2 | to follow the following procedures: | ||||||
3 | (1) Investigations involving teachers shall not, to | ||||||
4 | the extent possible, be conducted when the teacher is | ||||||
5 | scheduled to conduct classes. Investigations involving | ||||||
6 | other school employees shall be conducted so as to | ||||||
7 | minimize disruption of the school day. The school employee | ||||||
8 | accused of child abuse or neglect may have the school | ||||||
9 | employee's superior, the school employee's association or | ||||||
10 | union representative, and the school employee's attorney | ||||||
11 | present at any interview or meeting at which the teacher | ||||||
12 | or administrator is present. The accused school employee | ||||||
13 | shall be informed by a representative of the Department, | ||||||
14 | at any interview or meeting, of the accused school | ||||||
15 | employee's due process rights and of the steps in the | ||||||
16 | investigation process. These due process rights shall also | ||||||
17 | include the right of the school employee to present | ||||||
18 | countervailing evidence regarding the accusations. In an | ||||||
19 | investigation in which the alleged perpetrator of abuse or | ||||||
20 | neglect is a school employee, including, but not limited | ||||||
21 | to, a school teacher or administrator, and the | ||||||
22 | recommendation is to determine the report to be indicated, | ||||||
23 | in addition to other procedures as set forth and defined | ||||||
24 | in Department rules and procedures, the employee's due | ||||||
25 | process rights shall also include: (i) the right to a copy | ||||||
26 | of the investigation summary; (ii) the right to review the |
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1 | specific allegations which gave rise to the investigation; | ||||||
2 | and (iii) the right to an administrator's teleconference | ||||||
3 | which shall be convened to provide the school employee | ||||||
4 | with the opportunity to present documentary evidence or | ||||||
5 | other information that supports the school employee's | ||||||
6 | position and to provide information before a final finding | ||||||
7 | is entered. | ||||||
8 | (2) If a report of neglect or abuse of a child by a | ||||||
9 | teacher or administrator does not involve allegations of | ||||||
10 | sexual abuse or extreme physical abuse, the Child | ||||||
11 | Protective Service Unit shall make reasonable efforts to | ||||||
12 | conduct the initial investigation in coordination with the | ||||||
13 | employee's supervisor. | ||||||
14 | If the Unit determines that the report is a good faith | ||||||
15 | indication of potential child abuse or neglect, it shall | ||||||
16 | then commence a formal investigation under paragraph (3) | ||||||
17 | of subsection (b) of this Section. | ||||||
18 | (3) If a report of neglect or abuse of a child by a | ||||||
19 | teacher or administrator involves an allegation of sexual | ||||||
20 | abuse or extreme physical abuse, the Child Protective Unit | ||||||
21 | shall commence an investigation under paragraph (2) of | ||||||
22 | subsection (b) of this Section. | ||||||
23 | (c-5) In any instance in which a report is made or caused | ||||||
24 | to made by a school district employee involving the conduct of | ||||||
25 | a person employed by the school district, at the time the | ||||||
26 | report was made, as required under Section 4 of this Act, the |
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1 | Child Protective Service Unit shall send a copy of its final | ||||||
2 | finding report to the general superintendent of that school | ||||||
3 | district. | ||||||
4 | (c-10) The Department may recommend that a school district | ||||||
5 | remove a school employee who is the subject of an | ||||||
6 | investigation from the school employee's employment position | ||||||
7 | pending the outcome of the investigation; however, all | ||||||
8 | employment decisions regarding school personnel shall be the | ||||||
9 | sole responsibility of the school district or employer. The | ||||||
10 | Department may not require a school district to remove a | ||||||
11 | school employee from the school employee's employment position | ||||||
12 | or limit the school employee's duties pending the outcome of | ||||||
13 | an investigation. | ||||||
14 | (d) If the Department has contact with an employer, or | ||||||
15 | with a religious institution or religious official having | ||||||
16 | supervisory or hierarchical authority over a member of the | ||||||
17 | clergy accused of the abuse of a child, in the course of its | ||||||
18 | investigation, the Department shall notify the employer or the | ||||||
19 | religious institution or religious official, in writing, when | ||||||
20 | a report is unfounded so that any record of the investigation | ||||||
21 | can be expunged from the employee's or member of the clergy's | ||||||
22 | personnel or other records. The Department shall also notify | ||||||
23 | the employee or the member of the clergy, in writing, that | ||||||
24 | notification has been sent to the employer or to the | ||||||
25 | appropriate religious institution or religious official | ||||||
26 | informing the employer or religious institution or religious |
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1 | official that the Department's investigation has resulted in | ||||||
2 | an unfounded report. | ||||||
3 | (d-1) Whenever a report alleges that a child was abused or | ||||||
4 | neglected while receiving care in a hospital, including a | ||||||
5 | freestanding psychiatric hospital licensed by the Department | ||||||
6 | of Public Health, the Department shall send a copy of its final | ||||||
7 | finding to the Director of Public Health and the Director of | ||||||
8 | Healthcare and Family Services. | ||||||
9 | (d-1.5) For the purposes of this Section, "medical | ||||||
10 | professional" means any physician, nurse practitioner, | ||||||
11 | physician assistant, nurse, resident, or subspecialist who is | ||||||
12 | not part of the child's initial care team and whose | ||||||
13 | involvement is pursuant to any contract, memorandum of | ||||||
14 | understanding, or other agreement with the Department or an | ||||||
15 | entity that is accredited by statute to collaborate with the | ||||||
16 | Department for purposes of child abuse investigations. | ||||||
17 | (d-2) In any investigation involving a medical | ||||||
18 | professional conducted in accordance with this Act, the | ||||||
19 | following protections shall be provided to the parent or | ||||||
20 | guardian of the child at the center of an investigation: | ||||||
21 | (1) The medical professional must explain to the | ||||||
22 | parent or guardian of the child, whenever the medical | ||||||
23 | professional has direct contact with the child or the | ||||||
24 | family of the child, that the medical professional is | ||||||
25 | involved for the purpose of providing an opinion to the | ||||||
26 | Department regarding whether the child's injury or |
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1 | condition is suspicious for child maltreatment. The | ||||||
2 | medical professional must explain that he or she may be | ||||||
3 | required to communicate with law enforcement and provide | ||||||
4 | court testimony. The medical professional must also | ||||||
5 | provide the child's parent or guardian with accurate | ||||||
6 | information about his or her medical specialties. | ||||||
7 | (2) In any investigation where a medical professional | ||||||
8 | is providing a medical opinion to the Department, the | ||||||
9 | Department shall inform the parent or guardian of the | ||||||
10 | child at the center of an investigation: | ||||||
11 | (A) of his or her right to request and receive a | ||||||
12 | copy of the medical professional's opinion, including | ||||||
13 | the basis for the opinion, and a copy of any written | ||||||
14 | report the medical professional has provided to the | ||||||
15 | Department; | ||||||
16 | (B) of his or her right to obtain, at his or her | ||||||
17 | own expense, and submit to the Department a second | ||||||
18 | medical opinion for consideration in the investigation | ||||||
19 | at any time prior to the conclusion of the | ||||||
20 | investigation; | ||||||
21 | (C) that any second medical opinion submitted to | ||||||
22 | the Department prior to the Department rendering a | ||||||
23 | final determination in the investigation will be | ||||||
24 | considered as inculpatory or exculpatory evidence; and | ||||||
25 | (D) of the Department's time frames for the | ||||||
26 | investigative process. |
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1 | (d-3) The Department shall annually prepare and make | ||||||
2 | available on the Department's Reports and Statistics webpage a | ||||||
3 | report on the number of investigations in which a medical | ||||||
4 | professional has provided an opinion to the Department. The | ||||||
5 | report shall not contain any personally identifiable | ||||||
6 | information about a child referred, the family members of such | ||||||
7 | a child, or the medical professional. If the number of cases in | ||||||
8 | any category of information under items (4) through (9) of | ||||||
9 | this subsection is less than 10, the Department shall not | ||||||
10 | include that information in the report. The first report must | ||||||
11 | be posted within 9 months after the effective date of this | ||||||
12 | amendatory Act of the 104th General Assembly. The first report | ||||||
13 | and each annual report thereafter shall contain the following | ||||||
14 | information regarding cases referred by the Department to a | ||||||
15 | medical professional: | ||||||
16 | (1) The total number of abuse or neglect cases in | ||||||
17 | which a medical professional has provided an opinion to | ||||||
18 | the Department, with separate line items for: | ||||||
19 | (A) the total number of abuse and neglect cases | ||||||
20 | that the Department determined were indicated but were | ||||||
21 | appealed and the outcomes of those appeals, organized | ||||||
22 | as follows: | ||||||
23 | (i) first, by the total number of indicated | ||||||
24 | cases appealed via administrative appeal hearing | ||||||
25 | before an administrative law judge and the | ||||||
26 | outcomes of those hearings; and |
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1 | (ii) second, by the total number of cases in | ||||||
2 | which an administrative law judge's affirmance of | ||||||
3 | the indicated findings was appealed to a court and | ||||||
4 | the outcomes of the court's findings; and | ||||||
5 | (B) the total number of abuse and neglect cases | ||||||
6 | that were indicated by the Department but indicated as | ||||||
7 | to an unknown perpetrator. | ||||||
8 | (2) The total number of abuse or neglect cases | ||||||
9 | referred by the Department to a medical professional that | ||||||
10 | the Department determined were unfounded. | ||||||
11 | (3) The total number of abuse or neglect cases | ||||||
12 | referred by the Department to a medical professional in | ||||||
13 | which a petition for adjudication of wardship was filed. | ||||||
14 | (4) The total number of abuse and neglect cases | ||||||
15 | referred by the Department to a medical professional under | ||||||
16 | paragraphs (1), (2), and (3) organized by abuse | ||||||
17 | allegation. | ||||||
18 | (5) The total number of abuse and neglect cases | ||||||
19 | referred by the Department to a medical professional under | ||||||
20 | paragraphs (1), (2), and (3) organized by DCFS region. | ||||||
21 | (6) The total number of abuse and neglect cases | ||||||
22 | referred by the Department to a medical professional under | ||||||
23 | paragraphs (1), (2), and (3) organized by race of the | ||||||
24 | child. | ||||||
25 | (7) The total number of abuse and neglect cases | ||||||
26 | referred by the Department to a medical professional under |
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1 | paragraphs (1), (2), and (3) organized by gender of the | ||||||
2 | child. | ||||||
3 | (8) The total number of abuse and neglect cases under | ||||||
4 | paragraphs (1), (2), and (3) involving children with | ||||||
5 | safety plans. | ||||||
6 | (9) The total number of abuse and neglect cases under | ||||||
7 | paragraphs (1), (2), and (3) where the child was put in | ||||||
8 | protective custody. | ||||||
9 | (e) Upon request by the Department, the Illinois State | ||||||
10 | Police and law enforcement agencies are authorized to provide | ||||||
11 | criminal history record information as defined in the Illinois | ||||||
12 | Uniform Conviction Information Act and information maintained | ||||||
13 | in the adjudicatory and dispositional record system as defined | ||||||
14 | in Section 2605-355 of the Illinois State Police Law to | ||||||
15 | properly designated employees of the Department of Children | ||||||
16 | and Family Services if the Department determines the | ||||||
17 | information is necessary to perform its duties under the | ||||||
18 | Abused and Neglected Child Reporting Act, the Child Care Act | ||||||
19 | of 1969, and the Children and Family Services Act. The request | ||||||
20 | shall be in the form and manner required by the Illinois State | ||||||
21 | Police. Any information obtained by the Department of Children | ||||||
22 | and Family Services under this Section is confidential and may | ||||||
23 | not be transmitted outside the Department of Children and | ||||||
24 | Family Services other than to a court of competent | ||||||
25 | jurisdiction or unless otherwise authorized by law. Any | ||||||
26 | employee of the Department of Children and Family Services who |
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1 | transmits confidential information in violation of this | ||||||
2 | Section or causes the information to be transmitted in | ||||||
3 | violation of this Section is guilty of a Class A misdemeanor | ||||||
4 | unless the transmittal of the information is authorized by | ||||||
5 | this Section or otherwise authorized by law. | ||||||
6 | (f) For purposes of this Section, "child abuse or neglect" | ||||||
7 | includes abuse or neglect of an adult resident as defined in | ||||||
8 | this Act. | ||||||
9 | (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; | ||||||
10 | 103-460, eff. 1-1-24; 103-605, eff. 7-1-24.) |