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Public Act 103-0624


 

Public Act 0624 103RD GENERAL ASSEMBLY

 


 
Public Act 103-0624
 
SB2788 EnrolledLRB103 35567 KTG 65639 b

    AN ACT concerning children.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Abused and Neglected Child Reporting Act is
amended by changing Sections 7 and 8.6 as follows:
 
    (325 ILCS 5/7)  (from Ch. 23, par. 2057)
    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
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,
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.
    Wherever the Statewide number is posted, there shall also
be posted the following notice:
    "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
2012. A violation of this subsection is a Class 4 felony."
    The report required by this Act shall include, if known,
the name and address of the child and the child's parents or
other persons having the child's 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, 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. 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 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.
    Any report received by the Department alleging the abuse
or neglect of a child by a person who is not the child's
parent, a member of the child's immediate family, a person
responsible for the child's welfare, an individual residing in
the same home as the child, or a paramour of the child's parent
shall immediately be referred to the appropriate local law
enforcement agency for consideration of criminal investigation
or other action.
    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 or administrative hearing 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.
    For purposes of this Section, "child" includes an adult
resident as defined in this Act.
(Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23.)
 
    (325 ILCS 5/8.6)
    Sec. 8.6. Reports to a child's school. Within 10 days
after completing an investigation of alleged physical or
sexual abuse under this Act, if the report is indicated, the
Child Protective Service Unit shall send a copy of its final
finding report to the school that the child, who is the
indicated victim of child abuse, the report attends. During If
the final finding report is sent during the summer when the
school is not in session, the report shall be sent to the last
school that the child attended. The final finding report shall
be sent as "confidential", and the school shall be responsible
for ensuring that the report remains confidential in
accordance with the Illinois School Student Records Act. If an
indicated finding is overturned in an appeal or hearing, or if
the Department has made a determination that the child is no
longer at risk of physical or sexual harm, the Department
shall request that the final finding report be purged from the
student's record, and the school shall purge the final finding
report from the student's record. The final finding report
shall provide the date of expungement and return the report to
the Department. If an indicated report is expunged from the
central register, and that report has been sent to a child's
school, the Department shall request that the final finding
report be purged from the student's record, and the school
shall purge the final finding report from the student's record
in accordance with the Illinois School Student Records Act and
return the report to the Department.
(Source: P.A. 92-295, eff. 1-1-02.)

Effective Date: 1/1/2025