Public Act 100-0176
 
HB3394 EnrolledLRB100 09029 KTG 19177 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 Section 7.4 as follows:
 



    (325 ILCS 5/7.4)  (from Ch. 23, par. 2057.4)


    Sec. 7.4. (a) The Department shall be capable of receiving 
reports of
suspected child abuse or neglect 24 hours a day, 7 
days a week.  Whenever
the Department receives a report alleging 
that a child is a
truant as defined in Section 26-2a of The 
School Code, as now or hereafter
amended, the Department shall 
notify the superintendent of the school
district in which the 
child resides and the appropriate superintendent of
the 
educational service region. The notification to the 
appropriate
officials by the Department shall not be considered 
an allegation of abuse
or neglect under this Act.

    (a-5) Beginning January 1, 2010, the Department of Children 
and Family Services may implement a 5-year demonstration of a 
"differential response program" in accordance with criteria, 
standards, and procedures prescribed by rule. The program may 
provide that, upon receiving a report, the Department shall 
determine whether to conduct a family assessment or an 
investigation as appropriate to prevent or provide a remedy for 
child abuse or neglect.
    For purposes of this subsection (a-5), "family assessment" 
means a comprehensive assessment of child safety, risk of 
subsequent child maltreatment, and family strengths and needs 
that is applied to a child maltreatment report that does not 
allege substantial child endangerment. "Family assessment" 
does not include a determination as to whether child 
maltreatment occurred but does determine the need for services 
to address the safety of family members and the risk of 
subsequent maltreatment.
    For purposes of this subsection (a-5), "investigation" 
means fact-gathering related to the current safety of a child 
and the risk of subsequent abuse or neglect that determines 
whether a report of suspected child abuse or neglect should be 
indicated or unfounded and whether child protective services 
are needed.
    Under the "differential response program" implemented 
under this subsection (a-5), the Department:
        (1) Shall conduct an investigation on reports 
    involving substantial child abuse or neglect.
        (2) Shall begin an immediate investigation if, at any 
    time when it is using a family assessment response, it 
    determines that there is reason to believe that substantial 
    child abuse or neglect or a serious threat to the child's 
    safety exists.
        (3) May conduct a family assessment for reports that do 
    not allege substantial child endangerment. In determining 
    that a family assessment is appropriate, the Department may 
    consider issues including, but not limited to, child 
    safety, parental cooperation, and the need for an immediate 
    response.
        (4) Shall promulgate criteria, standards, and 
    procedures that shall be applied in making this 
    determination, taking into consideration the Child 
    Endangerment Risk Assessment Protocol of the Department.
        (5) May conduct a family assessment on a report that 
    was initially screened and assigned for an investigation.
    In determining that a complete investigation is not 
required, the Department must document the reason for 
terminating the investigation and notify the local law 
enforcement agency or the Department of State Police if the 
local law enforcement agency or Department of State Police is 
conducting a joint investigation.
    Once it is determined that a "family assessment" will be 
implemented, the case shall not be reported to the central 
register of abuse and neglect reports.
    During a family assessment, the Department shall collect 
any available and relevant information to determine child 
safety, risk of subsequent abuse or neglect, and family 
strengths.
    Information collected includes, but is not limited to, when 
relevant: information with regard to the person reporting the 
alleged abuse or neglect, including the nature of the 
reporter's relationship to the child and to the alleged 
offender, and the basis of the reporter's knowledge for the 
report; the child allegedly being abused or neglected; the 
alleged offender; the child's caretaker; and other collateral 
sources having relevant information related to the alleged 
abuse or neglect. Information relevant to the assessment must 
be asked for, and may include:
        (A) The child's sex and age, prior reports of abuse or 
    neglect, information relating to developmental 
    functioning, credibility of the child's statement, and 
    whether the information provided under this paragraph (A) 
    is consistent with other information collected during the 
    course of the assessment or investigation.
        (B) The alleged offender's age, a record check for 
    prior reports of abuse or neglect, and criminal charges and 
    convictions. The alleged offender may submit supporting 
    documentation relevant to the assessment.
        (C) Collateral source information regarding the 
    alleged abuse or neglect and care of the child. Collateral 
    information includes, when relevant: (i) a medical 
    examination of the child; (ii) prior medical records 
    relating to the alleged maltreatment or care of the child 
    maintained by any facility, clinic, or health care 
    professional, and an interview with the treating 
    professionals; and (iii) interviews with the child's 
    caretakers, including the child's parent, guardian, foster 
    parent, child care provider, teachers, counselors, family 
    members, relatives, and other persons who may have 
    knowledge regarding the alleged maltreatment and the care 
    of the child.
        (D) Information on the existence of domestic abuse and 
    violence in the home of the child, and substance abuse.
    Nothing in this subsection (a-5) precludes the Department 
from collecting other relevant information necessary to 
conduct the assessment or investigation. Nothing in this 
subsection (a-5) shall be construed to allow the name or 
identity of a reporter to be disclosed in violation of the 
protections afforded under Section 7.19 of this Act.
    After conducting the family assessment, the Department 
shall determine whether services are needed to address the 
safety of the child and other family members and the risk of 
subsequent abuse or neglect.
    Upon completion of the family assessment, if the Department 
concludes that no services shall be offered, then the case 
shall be closed. If the Department concludes that services 
shall be offered, the Department shall develop a family 
preservation plan and offer or refer services to the family.
    At any time during a family assessment, if the Department 
believes there is any reason to stop the assessment and conduct 
an investigation based on the information discovered, the 
Department shall do so.
    The procedures available to the Department in conducting 
investigations under this Act shall be followed as appropriate 
during a family assessment.
    The Department shall arrange for an independent evaluation 
of the "differential response program" authorized and 
implemented under this subsection (a-5) to determine whether it 
is meeting the goals in accordance with Section 2 of this Act. 
The Department may adopt administrative rules necessary for the 
execution of this Section, in accordance with Section 4 of the 
Children and Family Services Act.
    The demonstration conducted under this subsection (a-5) 
shall become a permanent program on July 1, 2016, upon 
completion of the demonstration project period. 

    (b)(1) The following procedures shall be followed in the 
investigation
of all reports of suspected abuse or neglect of a 
child, except as provided
in subsection (c) of this Section.


    (2) If, during a family assessment authorized by subsection 
(a-5) or an investigation, it appears that the immediate safety 
or well-being of a child is
endangered, that the family may 
flee or the child disappear, or that the
facts otherwise so 
warrant, the Child Protective Service Unit shall
commence an 
investigation immediately, regardless of the time of day or

night.  All other investigations shall be commenced within 24

hours of receipt of the report. Upon receipt of a report, the 
Child
Protective Service Unit shall conduct a family assessment 
authorized by subsection (a-5) or begin an initial 
investigation and make an initial
determination whether the 
report is a good faith indication of alleged
child abuse or 
neglect.


    (3) Based on an initial investigation, if the Unit 
determines the report is a good faith
indication of alleged 
child abuse or neglect, then a formal investigation
shall 
commence and, pursuant to Section 7.12 of this Act, may or may 
not
result in an indicated report.  The formal investigation 
shall include:
direct contact with the subject or subjects of 
the report as soon as
possible after the report is received; an

evaluation of the environment of the child named in the report 
and any other
children in the same environment; a determination 
of the risk to such
children if they continue to remain in the 
existing environments, as well
as a determination of the 
nature, extent and cause of any condition
enumerated in such 
report; the name, age and condition of other children in
the 
environment; and an evaluation as to whether there would be an

immediate and urgent necessity to remove the child from the 
environment if
appropriate family preservation services were 
provided.  After seeing to
the safety of the child or children, 
the Department shall
forthwith notify the subjects of the 
report in writing, of the existence
of the report and their 
rights existing under this Act in regard to amendment
or 
expungement. To fulfill the requirements of this Section, the 
Child
Protective Service Unit shall have the capability of 
providing or arranging
for comprehensive emergency services to 
children and families at all times
of the day or night.


    (4) If (i) at the conclusion of the Unit's initial 
investigation of a
report, the Unit determines the report to be 
a good faith indication of
alleged child abuse or neglect that 
warrants a formal investigation by
the Unit, the Department, 
any law enforcement agency or any other
responsible agency and 
(ii) the person who is alleged to have caused the
abuse or 
neglect is employed or otherwise engaged in an activity 
resulting
in frequent contact with children and the alleged 
abuse or neglect are in
the course of such employment or 
activity, then the Department shall,
except in investigations 
where the Director determines that such
notification would be 
detrimental to the Department's investigation, inform
the 
appropriate supervisor or administrator of that employment or 
activity
that the Unit has commenced a formal investigation 
pursuant to this Act,
which may or may not result in an 
indicated report. The Department shall also
notify the person 
being investigated, unless the Director determines that
such 
notification would be detrimental to the Department's 
investigation.

    (c) In an investigation of a report of suspected abuse  or 
neglect of
a child by a school employee at a school or on 
school grounds, the
Department shall make reasonable efforts to 
follow the following procedures:


        (1) Investigations involving teachers shall not, to 
    the extent possible,
be conducted when the teacher is 
    scheduled to conduct classes.
Investigations involving 
    other school employees shall be conducted so as to
minimize 
    disruption of the school day.  The school employee accused 
    of
child abuse or neglect may have his superior, his 
    association or union
representative and his attorney 
    present at any interview or meeting at
which the teacher or 
    administrator is present.  The accused school employee

    shall be informed by a representative of the Department, at 
    any
interview or meeting, of the accused school employee's 
    due process rights
and of the steps in the investigation 
    process.
The information shall include, but need not 
    necessarily be limited to the
right, subject to the 
    approval of the Department, of the school employee to

    confront the accuser, if the accuser is 14 years of age or 
    older, or the
right to review the specific allegations 
    which gave rise to the
investigation, and the right to 
    review all materials and evidence that have
been submitted 
    to the Department in support of the allegation.  These due

    process rights shall also include the right of the school 
    employee to
present countervailing evidence regarding the 
    accusations.


        (2) If a report of neglect or abuse of a child by a 
    teacher or
administrator does not involve allegations of 
    sexual abuse or extreme
physical abuse, the Child 
    Protective Service Unit shall make reasonable
efforts to 
    conduct the initial investigation in coordination with the

    employee's supervisor.


        If the Unit determines that the report is a good faith 
    indication of
potential child abuse or neglect, it shall 
    then commence a formal
investigation under paragraph (3) of 
    subsection (b) of this Section.


        (3) If a report of neglect or abuse of a child by a 
    teacher or
administrator involves an allegation of sexual 
    abuse or extreme physical
abuse, the Child Protective Unit 
    shall commence an investigation under
paragraph (2) of 
    subsection (b) of this Section.

    (c-5) In any instance in which a report is made or caused 
to made by a school district employee involving the conduct of 
a person employed by the school district, at the time the 
report was made, as required under Section 4 of this Act, the 
Child Protective Service Unit shall send a copy of its final 
finding report to the general superintendent of that school 
district.

    (c-10) The Department may recommend that a school district 
remove a school employee who is the subject of an investigation 
from his or her employment position pending the outcome of the 
investigation; however, all employment decisions regarding 
school personnel shall be the sole responsibility of the school 
district or employer. The Department may not require a school 
district to remove a school employee from his or her employment 
position or limit the school employee's duties pending the 
outcome of an investigation. 
    (d) If the Department has contact with an employer, or with 
a religious
institution or religious official having 
supervisory or hierarchical authority
over a member of the 
clergy accused of the abuse of a child,
in the course of its

investigation, the Department shall notify the employer or the 
religious
institution or religious official, in writing, when a

report is unfounded so that any record of the investigation can 
be expunged
from the employee's or member of the clergy's 
personnel or other
records.  The Department shall also notify

the employee or the member of the clergy, in writing, that 
notification
has been sent to the employer or to the 
appropriate religious institution or
religious official

informing the employer or religious institution or religious 
official that
the
Department's investigation has resulted in
an 
unfounded report.

    (e) Upon request by the Department, the
Department of State 
Police and law enforcement agencies are
authorized to provide 
criminal history record information
as defined in the Illinois 
Uniform Conviction Information Act and information
maintained 
in
the adjudicatory and dispositional record system as defined 
in Section
2605-355 of the Department of State Police Law (20 
ILCS
2605/2605-355) to properly
designated
employees of the

Department of Children
and Family Services if the Department 
determines the information is
necessary to perform its duties 
under the Abused and
Neglected Child Reporting Act, the Child 
Care Act of 1969, and the Children and
Family Services Act.  The

request shall be in the form and manner required
by
the 
Department of State Police.  Any information obtained by the 
Department of
Children
and Family Services under this Section 
is
confidential and may not be transmitted outside the 
Department of Children
and Family Services other than to a 
court of competent jurisdiction or unless
otherwise authorized 
by law.
Any employee of the Department of Children and Family 
Services who transmits
confidential information in
violation 
of this
Section or causes the information to be
transmitted in 
violation of this Section is guilty of a Class A
misdemeanor 
unless the transmittal of
the
information is
authorized by this 
Section or otherwise authorized by law.

    (f)  For purposes of this Section "child abuse or neglect" 
includes abuse or neglect of an adult resident as defined in 
this Act. 
(Source: P.A. 98-1141, eff. 12-30-14.)



Effective Date:  1/1/2018