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90_SB1375
325 ILCS 5/4 from Ch. 23, par. 2054
Amends the Abused and Neglected Child Reporting Act.
Adds to list of persons required to report possible child
abuse or neglect: nurse practitioners, home health aides,
and commercial film or photographic print processors.
Effective immediately.
LRB9011254DJbd
LRB9011254DJbd
1 AN ACT to amend the Abused and Neglected Child Reporting
2 Act by changing Section 4.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Abused and Neglected Child Reporting Act
6 is amended by changing Section 4 as follows:
7 (325 ILCS 5/4) (from Ch. 23, par. 2054)
8 Sec. 4. Any physician, resident, intern, hospital,
9 hospital administrator and personnel engaged in examination,
10 care and treatment of persons, surgeon, dentist, dentist
11 hygienist, osteopath, chiropractor, podiatrist, physician
12 assistant, substance abuse treatment personnel, Christian
13 Science practitioner, funeral home director or employee,
14 coroner, medical examiner, emergency medical technician,
15 acupuncturist, crisis line or hotline personnel, school
16 personnel, educational advocate assigned to a child pursuant
17 to the School Code, truant officers, social worker, social
18 services administrator, domestic violence program personnel,
19 registered nurse, licensed practical nurse, nurse
20 practitioner, home health aide, director or staff assistant
21 of a nursery school or a child day care center, recreational
22 program or facility personnel, law enforcement officer,
23 commercial film or photographic print processor, registered
24 psychologist and assistants working under the direct
25 supervision of a psychologist, psychiatrist, or field
26 personnel of the Illinois Department of Public Aid, Public
27 Health, Human Services (acting as successor to the Department
28 of Mental Health and Developmental Disabilities,
29 Rehabilitation Services, or Public Aid), Corrections, Human
30 Rights, or Children and Family Services, supervisor and
31 administrator of general assistance under the Illinois Public
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1 Aid Code, probation officer, or any other foster parent,
2 homemaker or child care worker having reasonable cause to
3 believe a child known to them in their professional or
4 official capacity may be an abused child or a neglected child
5 shall immediately report or cause a report to be made to the
6 Department. Whenever such person is required to report under
7 this Act in his capacity as a member of the staff of a
8 medical or other public or private institution, school,
9 facility or agency, he shall make report immediately to the
10 Department in accordance with the provisions of this Act and
11 may also notify the person in charge of such institution,
12 school, facility or agency or his designated agent that such
13 report has been made. Under no circumstances shall any
14 person in charge of such institution, school, facility or
15 agency, or his designated agent to whom such notification has
16 been made, exercise any control, restraint, modification or
17 other change in the report or the forwarding of such report
18 to the Department. The privileged quality of communication
19 between any professional person required to report and his
20 patient or client shall not apply to situations involving
21 abused or neglected children and shall not constitute grounds
22 for failure to report as required by this Act. In addition
23 to the above persons required to report suspected cases of
24 abused or neglected children, any other person may make a
25 report if such person has reasonable cause to believe a child
26 may be an abused child or a neglected child. Any person who
27 enters into employment on and after July 1, 1986 and is
28 mandated by virtue of that employment to report under this
29 Act, shall sign a statement on a form prescribed by the
30 Department, to the effect that the employee has knowledge and
31 understanding of the reporting requirements of this Act. The
32 statement shall be signed prior to commencement of the
33 employment. The signed statement shall be retained by the
34 employer. The cost of printing, distribution, and filing of
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1 the statement shall be borne by the employer. The Department
2 shall provide copies of this Act, upon request, to all
3 employers employing persons who shall be required under the
4 provisions of this Section to report under this Act.
5 Any person who knowingly transmits a false report to the
6 Department commits the offense of disorderly conduct under
7 subsection (a)(7) of Section 26-1 of the "Criminal Code of
8 1961". Any person who violates this provision a second or
9 subsequent time shall be guilty of a Class 4 felony.
10 Any person who knowingly and willfully violates any
11 provision of this Section other than a second or subsequent
12 violation of transmitting a false report as described in the
13 preceding paragraph, shall be guilty of a Class A
14 misdemeanor.
15 A child whose parent, guardian or custodian in good faith
16 selects and depends upon spiritual means through prayer
17 alone for the treatment or cure of disease or remedial care
18 may be considered neglected or abused, but not for the sole
19 reason that his parent, guardian or custodian accepts and
20 practices such beliefs.
21 A child shall not be considered neglected or abused
22 solely because the child is not attending school in
23 accordance with the requirements of Article 26 of the School
24 Code, as amended.
25 (Source: P.A. 89-363, eff. 1-1-96; 89-507, eff. 7-1-97;
26 89-706, eff. 1-31-97; 90-116, eff. 7-14-97.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.