Illinois 2023-2024 Regular Session

Illinois House Bill HB3261 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3261 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 20 ILCS 1305/1-85 new 325 ILCS 5/7.4 from Ch. 23, par. 2057.4 325 ILCS 5/7.7 from Ch. 23, par. 2057.7 325 ILCS 5/7.10 from Ch. 23, par. 2057.10 325 ILCS 5/7.15 from Ch. 23, par. 2057.15 Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to implement a differential response program. Provides that under the program, upon receiving a report of suspected child abuse or neglect 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. Provides that any report that does not involve an allegation of physical or sexual abuse shall be eligible for referral to the differential response program, specifically child maltreatment reports that only allege inadequate supervision of a child or conditions that create an injurious environment to a child. Provides that no family shall be deemed ineligible for participation in the differential response program based upon a prior report of abuse or neglect involving any member of the family. Provides that under the program, the Department shall only conduct a formal child abuse or neglect investigation on reports involving substantial child abuse or neglect. Provides that the Department shall document the outcome of a family assessment, but shall not report the case to the central register. Requires the Department to offer families who participate in a family assessment in-home services provided under the Intact Family Services program and Norman Emergency Cash Assistance and Housing Locator Services, if applicable. Provides that a family has the option of declining the services offered; and that if the family declines the services, the case shall be closed unless the Department determines that sufficient cause exists to begin an investigation. Amends the Department of Human Services Act. Requires the Department of Human Services to establish and administer a direct cash assistance program for youth 18 years of age and older but younger than 24 who are experiencing or are at risk of experiencing homelessness. Provides that under the program, eligible individuals shall receive a monthly direct cash amount of no less than $1,100 for up to 2 years. LRB103 05254 KTG 50272 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3261 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 20 ILCS 1305/1-85 new 325 ILCS 5/7.4 from Ch. 23, par. 2057.4 325 ILCS 5/7.7 from Ch. 23, par. 2057.7 325 ILCS 5/7.10 from Ch. 23, par. 2057.10 325 ILCS 5/7.15 from Ch. 23, par. 2057.15 20 ILCS 1305/1-85 new 325 ILCS 5/7.4 from Ch. 23, par. 2057.4 325 ILCS 5/7.7 from Ch. 23, par. 2057.7 325 ILCS 5/7.10 from Ch. 23, par. 2057.10 325 ILCS 5/7.15 from Ch. 23, par. 2057.15 Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to implement a differential response program. Provides that under the program, upon receiving a report of suspected child abuse or neglect 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. Provides that any report that does not involve an allegation of physical or sexual abuse shall be eligible for referral to the differential response program, specifically child maltreatment reports that only allege inadequate supervision of a child or conditions that create an injurious environment to a child. Provides that no family shall be deemed ineligible for participation in the differential response program based upon a prior report of abuse or neglect involving any member of the family. Provides that under the program, the Department shall only conduct a formal child abuse or neglect investigation on reports involving substantial child abuse or neglect. Provides that the Department shall document the outcome of a family assessment, but shall not report the case to the central register. Requires the Department to offer families who participate in a family assessment in-home services provided under the Intact Family Services program and Norman Emergency Cash Assistance and Housing Locator Services, if applicable. Provides that a family has the option of declining the services offered; and that if the family declines the services, the case shall be closed unless the Department determines that sufficient cause exists to begin an investigation. Amends the Department of Human Services Act. Requires the Department of Human Services to establish and administer a direct cash assistance program for youth 18 years of age and older but younger than 24 who are experiencing or are at risk of experiencing homelessness. Provides that under the program, eligible individuals shall receive a monthly direct cash amount of no less than $1,100 for up to 2 years. LRB103 05254 KTG 50272 b LRB103 05254 KTG 50272 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3261 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
3	3	20 ILCS 1305/1-85 new 325 ILCS 5/7.4 from Ch. 23, par. 2057.4 325 ILCS 5/7.7 from Ch. 23, par. 2057.7 325 ILCS 5/7.10 from Ch. 23, par. 2057.10 325 ILCS 5/7.15 from Ch. 23, par. 2057.15 20 ILCS 1305/1-85 new 325 ILCS 5/7.4 from Ch. 23, par. 2057.4 325 ILCS 5/7.7 from Ch. 23, par. 2057.7 325 ILCS 5/7.10 from Ch. 23, par. 2057.10 325 ILCS 5/7.15 from Ch. 23, par. 2057.15
4	4	20 ILCS 1305/1-85 new
5	5	325 ILCS 5/7.4 from Ch. 23, par. 2057.4
6	6	325 ILCS 5/7.7 from Ch. 23, par. 2057.7
7	7	325 ILCS 5/7.10 from Ch. 23, par. 2057.10
8	8	325 ILCS 5/7.15 from Ch. 23, par. 2057.15
9	9	Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to implement a differential response program. Provides that under the program, upon receiving a report of suspected child abuse or neglect 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. Provides that any report that does not involve an allegation of physical or sexual abuse shall be eligible for referral to the differential response program, specifically child maltreatment reports that only allege inadequate supervision of a child or conditions that create an injurious environment to a child. Provides that no family shall be deemed ineligible for participation in the differential response program based upon a prior report of abuse or neglect involving any member of the family. Provides that under the program, the Department shall only conduct a formal child abuse or neglect investigation on reports involving substantial child abuse or neglect. Provides that the Department shall document the outcome of a family assessment, but shall not report the case to the central register. Requires the Department to offer families who participate in a family assessment in-home services provided under the Intact Family Services program and Norman Emergency Cash Assistance and Housing Locator Services, if applicable. Provides that a family has the option of declining the services offered; and that if the family declines the services, the case shall be closed unless the Department determines that sufficient cause exists to begin an investigation. Amends the Department of Human Services Act. Requires the Department of Human Services to establish and administer a direct cash assistance program for youth 18 years of age and older but younger than 24 who are experiencing or are at risk of experiencing homelessness. Provides that under the program, eligible individuals shall receive a monthly direct cash amount of no less than $1,100 for up to 2 years.
10	10	LRB103 05254 KTG 50272 b LRB103 05254 KTG 50272 b
11	11	LRB103 05254 KTG 50272 b
12	12	A BILL FOR
13	13	HB3261LRB103 05254 KTG 50272 b HB3261 LRB103 05254 KTG 50272 b
14	14	HB3261 LRB103 05254 KTG 50272 b
15	15	1 AN ACT concerning children.
16	16	2 Be it enacted by the People of the State of Illinois,
17	17	3 represented in the General Assembly:
18	18	4 Section 5. The Department of Human Services Act is amended
19	19	5 by adding Section 1-85 as follows:
20	20	6 (20 ILCS 1305/1-85 new)
21	21	7 Sec. 1-85. Direct cash assistance program for homeless
22	22	8 youth. The Department of Human Services shall establish and
23	23	9 administer a direct cash assistance program for youth 18 years
24	24	10 of age and older but younger than 24 who are experiencing or
25	25	11 are at risk of experiencing homelessness. Under the program,
26	26	12 eligible individuals shall receive a monthly direct cash
27	27	13 amount of no less than $1,100 for up to 2 years. The direct
28	28	14 cash assistance provided under the program shall not be
29	29	15 considered income for purposes of determining eligibility or
30	30	16 the amount of assistance for any public aid benefit provided
31	31	17 under State or, subject to federal approval, federal law. The
32	32	18 Department shall adopt any rules necessary to implement the
33	33	19 program.
34	34	20 Section 10. The Abused and Neglected Child Reporting Act
35	35	21 is amended by changing Sections 7.4, 7.7, 7.10, 7.15 as
36	36	22 follows:
37	37
38	38
39	39
40	40	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3261 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
41	41	20 ILCS 1305/1-85 new 325 ILCS 5/7.4 from Ch. 23, par. 2057.4 325 ILCS 5/7.7 from Ch. 23, par. 2057.7 325 ILCS 5/7.10 from Ch. 23, par. 2057.10 325 ILCS 5/7.15 from Ch. 23, par. 2057.15 20 ILCS 1305/1-85 new 325 ILCS 5/7.4 from Ch. 23, par. 2057.4 325 ILCS 5/7.7 from Ch. 23, par. 2057.7 325 ILCS 5/7.10 from Ch. 23, par. 2057.10 325 ILCS 5/7.15 from Ch. 23, par. 2057.15
42	42	20 ILCS 1305/1-85 new
43	43	325 ILCS 5/7.4 from Ch. 23, par. 2057.4
44	44	325 ILCS 5/7.7 from Ch. 23, par. 2057.7
45	45	325 ILCS 5/7.10 from Ch. 23, par. 2057.10
46	46	325 ILCS 5/7.15 from Ch. 23, par. 2057.15
47	47	Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to implement a differential response program. Provides that under the program, upon receiving a report of suspected child abuse or neglect 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. Provides that any report that does not involve an allegation of physical or sexual abuse shall be eligible for referral to the differential response program, specifically child maltreatment reports that only allege inadequate supervision of a child or conditions that create an injurious environment to a child. Provides that no family shall be deemed ineligible for participation in the differential response program based upon a prior report of abuse or neglect involving any member of the family. Provides that under the program, the Department shall only conduct a formal child abuse or neglect investigation on reports involving substantial child abuse or neglect. Provides that the Department shall document the outcome of a family assessment, but shall not report the case to the central register. Requires the Department to offer families who participate in a family assessment in-home services provided under the Intact Family Services program and Norman Emergency Cash Assistance and Housing Locator Services, if applicable. Provides that a family has the option of declining the services offered; and that if the family declines the services, the case shall be closed unless the Department determines that sufficient cause exists to begin an investigation. Amends the Department of Human Services Act. Requires the Department of Human Services to establish and administer a direct cash assistance program for youth 18 years of age and older but younger than 24 who are experiencing or are at risk of experiencing homelessness. Provides that under the program, eligible individuals shall receive a monthly direct cash amount of no less than $1,100 for up to 2 years.
48	48	LRB103 05254 KTG 50272 b LRB103 05254 KTG 50272 b
49	49	LRB103 05254 KTG 50272 b
50	50	A BILL FOR
51	51
52	52
53	53
54	54
55	55
56	56	20 ILCS 1305/1-85 new
57	57	325 ILCS 5/7.4 from Ch. 23, par. 2057.4
58	58	325 ILCS 5/7.7 from Ch. 23, par. 2057.7
59	59	325 ILCS 5/7.10 from Ch. 23, par. 2057.10
60	60	325 ILCS 5/7.15 from Ch. 23, par. 2057.15
61	61
62	62
63	63
64	64	LRB103 05254 KTG 50272 b
65	65
66	66
67	67
68	68
69	69
70	70
71	71
72	72
73	73
74	74	HB3261 LRB103 05254 KTG 50272 b
75	75
76	76
77	77	HB3261- 2 -LRB103 05254 KTG 50272 b HB3261 - 2 - LRB103 05254 KTG 50272 b
78	78	HB3261 - 2 - LRB103 05254 KTG 50272 b
79	79	1 (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
80	80	2 Sec. 7.4. (a) The Department shall be capable of receiving
81	81	3 reports of suspected child abuse or neglect 24 hours a day, 7
82	82	4 days a week. Whenever the Department receives a report
83	83	5 alleging that a child is a truant as defined in Section 26-2a
84	84	6 of the School Code, as now or hereafter amended, the
85	85	7 Department shall notify the superintendent of the school
86	86	8 district in which the child resides and the appropriate
87	87	9 superintendent of the educational service region. The
88	88	10 notification to the appropriate officials by the Department
89	89	11 shall not be considered an allegation of abuse or neglect
90	90	12 under this Act.
91	91	13 (a-5) The Department of Children and Family Services shall
92	92	14 may implement a "differential response program" in accordance
93	93	15 with criteria, standards, and procedures prescribed by rule.
94	94	16 Under the program, The program may provide that, upon
95	95	17 receiving a report of suspected child abuse or neglect, the
96	96	18 Department shall determine whether to conduct a family
97	97	19 assessment or an investigation as appropriate to prevent or
98	98	20 provide a remedy for child abuse or neglect. Notwithstanding
99	99	21 any other provision of this Act, any report that does not
100	100	22 involve an allegation of physical or sexual abuse shall be
101	101	23 eligible for referral to the differential response program,
102	102	24 specifically child maltreatment reports that only allege
103	103	25 inadequate supervision of a child or conditions that create an
104	104
105	105
106	106
107	107
108	108
109	109	HB3261 - 2 - LRB103 05254 KTG 50272 b
110	110
111	111
112	112	HB3261- 3 -LRB103 05254 KTG 50272 b HB3261 - 3 - LRB103 05254 KTG 50272 b
113	113	HB3261 - 3 - LRB103 05254 KTG 50272 b
114	114	1 injurious environment to a child. No family shall be deemed
115	115	2 ineligible for participation in the differential response
116	116	3 program based upon a prior report of abuse or neglect
117	117	4 involving any member of the family.
118	118	5 For purposes of this subsection (a-5), "family assessment"
119	119	6 means a comprehensive assessment of child safety, risk of
120	120	7 subsequent child maltreatment, and family strengths and needs
121	121	8 that is applied to a child maltreatment report that does not
122	122	9 allege substantial child endangerment as defined in this
123	123	10 subsection. "Family assessment" does not include or result in
124	124	11 a determination as to whether child maltreatment occurred but
125	125	12 does determine the need for services to address the safety of
126	126	13 family members and the risk of subsequent maltreatment.
127	127	14 For purposes of this subsection (a-5), "investigation"
128	128	15 means fact-gathering related to the current safety of a child
129	129	16 and the risk of subsequent abuse or neglect that determines
130	130	17 whether a report of suspected child abuse or neglect should be
131	131	18 indicated or unfounded and whether child protective services
132	132	19 are needed.
133	133	20 For purposes of this subsection (a-5), "substantial child
134	134	21 endangerment" includes conduct by an adult involving or
135	135	22 resulting in sexual abuse, and conduct by a person responsible
136	136	23 for a child's welfare involving or resulting in abandonment,
137	137	24 child fatality, malicious punishment, or abuse or neglect that
138	138	25 causes serious physical injury.
139	139	26 Under the "differential response program" implemented
140	140
141	141
142	142
143	143
144	144
145	145	HB3261 - 3 - LRB103 05254 KTG 50272 b
146	146
147	147
148	148	HB3261- 4 -LRB103 05254 KTG 50272 b HB3261 - 4 - LRB103 05254 KTG 50272 b
149	149	HB3261 - 4 - LRB103 05254 KTG 50272 b
150	150	1 under this subsection (a-5), the Department:
151	151	2 (1) Shall only conduct an investigation as provided in
152	152	3 subsection (b) on reports involving substantial child
153	153	4 abuse or neglect.
154	154	5 (2) Shall begin an immediate investigation as provided
155	155	6 in subsection (b) if, at any time when it is using a family
156	156	7 assessment response, it determines that there is reason to
157	157	8 believe that substantial child abuse or neglect or a
158	158	9 serious threat to the child's safety exists.
159	159	10 (3) Shall May conduct a family assessment for reports
160	160	11 that do not allege substantial child endangerment,
161	161	12 including child maltreatment reports that only allege
162	162	13 inadequate supervision of a child or conditions that
163	163	14 create an injurious environment to a child. In determining
164	164	15 that a family assessment is appropriate, the Department
165	165	16 may consider issues, including, but not limited to, child
166	166	17 safety, parental cooperation, and the need for an
167	167	18 immediate response.
168	168	19 (4) Shall promulgate criteria, standards, and
169	169	20 procedures that shall be applied in making its this
170	170	21 determination as to whether a family assessment or
171	171	22 investigation is appropriate, taking into consideration
172	172	23 the Child Endangerment Risk Assessment Protocol of the
173	173	24 Department.
174	174	25 (5) May conduct a family assessment on a report that
175	175	26 was initially screened and assigned for an investigation.
176	176
177	177
178	178
179	179
180	180
181	181	HB3261 - 4 - LRB103 05254 KTG 50272 b
182	182
183	183
184	184	HB3261- 5 -LRB103 05254 KTG 50272 b HB3261 - 5 - LRB103 05254 KTG 50272 b
185	185	HB3261 - 5 - LRB103 05254 KTG 50272 b
186	186	1 In determining that a complete investigation is not
187	187	2 required, the Department must document the reason for
188	188	3 terminating the investigation and notify the local law
189	189	4 enforcement agency or the Illinois State Police if the local
190	190	5 law enforcement agency or Illinois State Police is conducting
191	191	6 a joint investigation.
192	192	7 Once it is determined that a "family assessment" will be
193	193	8 implemented, the case shall not be reported to the central
194	194	9 register of abuse and neglect reports. However, the Department
195	195	10 shall document the outcome of the assessment.
196	196	11 During a family assessment, the Department shall collect
197	197	12 any available and relevant information to determine child
198	198	13 safety, risk of subsequent abuse or neglect, and family
199	199	14 strengths.
200	200	15 Information collected includes, but is not limited to,
201	201	16 when relevant: information with regard to the person reporting
202	202	17 the alleged abuse or neglect, including the nature of the
203	203	18 reporter's relationship to the child and to the alleged
204	204	19 offender, and the basis of the reporter's knowledge for the
205	205	20 report; the child allegedly being abused or neglected; the
206	206	21 alleged offender; the child's caretaker; and other collateral
207	207	22 sources having relevant information related to the alleged
208	208	23 abuse or neglect. Information relevant to the assessment must
209	209	24 be asked for, and may include:
210	210	25 (A) The child's sex and age, prior reports of abuse or
211	211	26 neglect, information relating to developmental
212	212
213	213
214	214
215	215
216	216
217	217	HB3261 - 5 - LRB103 05254 KTG 50272 b
218	218
219	219
220	220	HB3261- 6 -LRB103 05254 KTG 50272 b HB3261 - 6 - LRB103 05254 KTG 50272 b
221	221	HB3261 - 6 - LRB103 05254 KTG 50272 b
222	222	1 functioning, credibility of the child's statement, and
223	223	2 whether the information provided under this paragraph (A)
224	224	3 is consistent with other information collected during the
225	225	4 course of the assessment or investigation.
226	226	5 (B) The alleged offender's age, a record check for
227	227	6 prior reports of abuse or neglect, and criminal charges
228	228	7 and convictions. The alleged offender may submit
229	229	8 supporting documentation relevant to the assessment.
230	230	9 (C) Collateral source information regarding the
231	231	10 alleged abuse or neglect and care of the child. Collateral
232	232	11 information includes, when relevant: (i) a medical
233	233	12 examination of the child; (ii) prior medical records
234	234	13 relating to the alleged maltreatment or care of the child
235	235	14 maintained by any facility, clinic, or health care
236	236	15 professional, and an interview with the treating
237	237	16 professionals; and (iii) interviews with the child's
238	238	17 caretakers, including the child's parent, guardian, foster
239	239	18 parent, child care provider, teachers, counselors, family
240	240	19 members, relatives, and other persons who may have
241	241	20 knowledge regarding the alleged maltreatment and the care
242	242	21 of the child.
243	243	22 (D) Information on the existence of domestic abuse and
244	244	23 violence in the home of the child, and substance abuse.
245	245	24 Nothing in this subsection (a-5) precludes the Department
246	246	25 from collecting other relevant information necessary to
247	247	26 conduct the assessment or investigation. Nothing in this
248	248
249	249
250	250
251	251
252	252
253	253	HB3261 - 6 - LRB103 05254 KTG 50272 b
254	254
255	255
256	256	HB3261- 7 -LRB103 05254 KTG 50272 b HB3261 - 7 - LRB103 05254 KTG 50272 b
257	257	HB3261 - 7 - LRB103 05254 KTG 50272 b
258	258	1 subsection (a-5) shall be construed to allow the name or
259	259	2 identity of a reporter to be disclosed in violation of the
260	260	3 protections afforded under Section 7.19 of this Act.
261	261	4 A family assessment conducted by the Department in
262	262	5 accordance with this subsection shall be completed within 45
263	263	6 days. Upon written justification by the Department, the
264	264	7 assessment may be extended, not to exceed a total of 60 days.
265	265	8 After conducting the family assessment, the Department
266	266	9 shall determine whether services are needed to address the
267	267	10 safety of the child and other family members and the risk of
268	268	11 subsequent abuse or neglect.
269	269	12 Upon completion of the family assessment, if the
270	270	13 Department concludes that no services shall be offered, then
271	271	14 the case shall be closed. If the Department concludes that
272	272	15 services shall be offered, the Department shall develop a
273	273	16 family preservation plan and offer or refer services to the
274	274	17 family. A family in need of services shall, at a minimum, be
275	275	18 offered in-home services provided under the Intact Family
276	276	19 Services program, including counseling, domestic violence
277	277	20 prevention, substance abuse treatment, mental health
278	278	21 treatment, parenting coaching or classes, and housing. The
279	279	22 Department must also provide Norman Emergency Cash Assistance
280	280	23 and Housing Locator Services to a family who has one or more
281	281	24 children who are in danger of coming into the Department's
282	282	25 care due to a lack of food, clothing, housing, or other basic
283	283	26 human needs. Under the Norman Services program, the family
284	284
285	285
286	286
287	287
288	288
289	289	HB3261 - 7 - LRB103 05254 KTG 50272 b
290	290
291	291
292	292	HB3261- 8 -LRB103 05254 KTG 50272 b HB3261 - 8 - LRB103 05254 KTG 50272 b
293	293	HB3261 - 8 - LRB103 05254 KTG 50272 b
294	294	1 shall receive:
295	295	2 (i) direct emergency cash assistance to purchase items
296	296	3 needed to care for the children that the family cannot
297	297	4 afford to purchase;
298	298	5 (ii) housing locator services, if applicable; and
299	299	6 (iii) assistance with filing an application for
300	300	7 Temporary Assistance for Needy Families (TANF) benefits
301	301	8 provided under Article IV of the Illinois Public Aid Code.
302	302	9 A family has the option of declining any services offered
303	303	10 as a result of the assessment. If the family declines the
304	304	11 services, the case shall be closed unless the Department
305	305	12 determines that sufficient cause exists to begin an
306	306	13 investigation as provided in subsection (b) or to request the
307	307	14 State's Attorney file a petition in accordance with Article II
308	308	15 of the Juvenile Court Act of 1987 alleging the child is abused
309	309	16 or neglected. In no instance shall a case be investigated
310	310	17 solely because the family declines services.
311	311	18 At any time during a family assessment, if the Department
312	312	19 believes there is any reason to stop the assessment and
313	313	20 conduct an investigation based on the information discovered,
314	314	21 the Department shall do so.
315	315	22 The procedures available to the Department in conducting
316	316	23 investigations under this Act shall be followed as appropriate
317	317	24 during a family assessment.
318	318	25 The If the Department implements a differential response
319	319	26 program authorized under this subsection (a-5), the Department
320	320
321	321
322	322
323	323
324	324
325	325	HB3261 - 8 - LRB103 05254 KTG 50272 b
326	326
327	327
328	328	HB3261- 9 -LRB103 05254 KTG 50272 b HB3261 - 9 - LRB103 05254 KTG 50272 b
329	329	HB3261 - 9 - LRB103 05254 KTG 50272 b
330	330	1 shall arrange for an independent evaluation of the program for
331	331	2 at least the first 3 years of implementation to determine
332	332	3 whether it is meeting the goals in accordance with Section 2 of
333	333	4 this Act.
334	334	5 The Department may adopt administrative rules necessary
335	335	6 for the execution of this Section, in accordance with Section
336	336	7 4 of the Children and Family Services Act.
337	337	8 The Department shall submit a report to the General
338	338	9 Assembly by January 15, 2018 on the implementation progress
339	339	10 and recommendations for additional needed legislative changes.
340	340	11 (b)(1) The following procedures shall be followed in the
341	341	12 investigation of all reports of suspected abuse or neglect of
342	342	13 a child, except as provided in subsection (c) of this Section.
343	343	14 (2) If, during a family assessment authorized by
344	344	15 subsection (a-5) or an investigation, it appears that the
345	345	16 immediate safety or well-being of a child is endangered, that
346	346	17 the family may flee or the child disappear, or that the facts
347	347	18 otherwise so warrant, the Child Protective Service Unit shall
348	348	19 commence an investigation immediately, regardless of the time
349	349	20 of day or night. All other investigations shall be commenced
350	350	21 within 24 hours of receipt of the report. Upon receipt of a
351	351	22 report, the Child Protective Service Unit shall conduct a
352	352	23 family assessment authorized by subsection (a-5) or begin an
353	353	24 initial investigation and make an initial determination
354	354	25 whether the report is a good faith indication of alleged child
355	355	26 abuse or neglect.
356	356
357	357
358	358
359	359
360	360
361	361	HB3261 - 9 - LRB103 05254 KTG 50272 b
362	362
363	363
364	364	HB3261- 10 -LRB103 05254 KTG 50272 b HB3261 - 10 - LRB103 05254 KTG 50272 b
365	365	HB3261 - 10 - LRB103 05254 KTG 50272 b
366	366	1 (3) Based on an initial investigation, if the Unit
367	367	2 determines the report is a good faith indication of alleged
368	368	3 child abuse or neglect, then a formal investigation shall
369	369	4 commence and, pursuant to Section 7.12 of this Act, may or may
370	370	5 not result in an indicated report. The formal investigation
371	371	6 shall include: direct contact with the subject or subjects of
372	372	7 the report as soon as possible after the report is received; an
373	373	8 evaluation of the environment of the child named in the report
374	374	9 and any other children in the same environment; a
375	375	10 determination of the risk to such children if they continue to
376	376	11 remain in the existing environments, as well as a
377	377	12 determination of the nature, extent and cause of any condition
378	378	13 enumerated in such report; the name, age and condition of
379	379	14 other children in the environment; and an evaluation as to
380	380	15 whether there would be an immediate and urgent necessity to
381	381	16 remove the child from the environment if appropriate family
382	382	17 preservation services were provided. After seeing to the
383	383	18 safety of the child or children, the Department shall
384	384	19 forthwith notify the subjects of the report in writing, of the
385	385	20 existence of the report and their rights existing under this
386	386	21 Act in regard to amendment or expungement. To fulfill the
387	387	22 requirements of this Section, the Child Protective Service
388	388	23 Unit shall have the capability of providing or arranging for
389	389	24 comprehensive emergency services to children and families at
390	390	25 all times of the day or night.
391	391	26 (4) If (i) at the conclusion of the Unit's initial
392	392
393	393
394	394
395	395
396	396
397	397	HB3261 - 10 - LRB103 05254 KTG 50272 b
398	398
399	399
400	400	HB3261- 11 -LRB103 05254 KTG 50272 b HB3261 - 11 - LRB103 05254 KTG 50272 b
401	401	HB3261 - 11 - LRB103 05254 KTG 50272 b
402	402	1 investigation of a report, the Unit determines the report to
403	403	2 be a good faith indication of alleged child abuse or neglect
404	404	3 that warrants a formal investigation by the Unit, the
405	405	4 Department, any law enforcement agency or any other
406	406	5 responsible agency and (ii) the person who is alleged to have
407	407	6 caused the abuse or neglect is employed or otherwise engaged
408	408	7 in an activity resulting in frequent contact with children and
409	409	8 the alleged abuse or neglect are in the course of such
410	410	9 employment or activity, then the Department shall, except in
411	411	10 investigations where the Director determines that such
412	412	11 notification would be detrimental to the Department's
413	413	12 investigation, inform the appropriate supervisor or
414	414	13 administrator of that employment or activity that the Unit has
415	415	14 commenced a formal investigation pursuant to this Act, which
416	416	15 may or may not result in an indicated report. The Department
417	417	16 shall also notify the person being investigated, unless the
418	418	17 Director determines that such notification would be
419	419	18 detrimental to the Department's investigation.
420	420	19 (c) In an investigation of a report of suspected abuse or
421	421	20 neglect of a child by a school employee at a school or on
422	422	21 school grounds, the Department shall make reasonable efforts
423	423	22 to follow the following procedures:
424	424	23 (1) Investigations involving teachers shall not, to
425	425	24 the extent possible, be conducted when the teacher is
426	426	25 scheduled to conduct classes. Investigations involving
427	427	26 other school employees shall be conducted so as to
428	428
429	429
430	430
431	431
432	432
433	433	HB3261 - 11 - LRB103 05254 KTG 50272 b
434	434
435	435
436	436	HB3261- 12 -LRB103 05254 KTG 50272 b HB3261 - 12 - LRB103 05254 KTG 50272 b
437	437	HB3261 - 12 - LRB103 05254 KTG 50272 b
438	438	1 minimize disruption of the school day. The school employee
439	439	2 accused of child abuse or neglect may have his superior,
440	440	3 his association or union representative and his attorney
441	441	4 present at any interview or meeting at which the teacher
442	442	5 or administrator is present. The accused school employee
443	443	6 shall be informed by a representative of the Department,
444	444	7 at any interview or meeting, of the accused school
445	445	8 employee's due process rights and of the steps in the
446	446	9 investigation process. These due process rights shall also
447	447	10 include the right of the school employee to present
448	448	11 countervailing evidence regarding the accusations. In an
449	449	12 investigation in which the alleged perpetrator of abuse or
450	450	13 neglect is a school employee, including, but not limited
451	451	14 to, a school teacher or administrator, and the
452	452	15 recommendation is to determine the report to be indicated,
453	453	16 in addition to other procedures as set forth and defined
454	454	17 in Department rules and procedures, the employee's due
455	455	18 process rights shall also include: (i) the right to a copy
456	456	19 of the investigation summary; (ii) the right to review the
457	457	20 specific allegations which gave rise to the investigation;
458	458	21 and (iii) the right to an administrator's teleconference
459	459	22 which shall be convened to provide the school employee
460	460	23 with the opportunity to present documentary evidence or
461	461	24 other information that supports his or her position and to
462	462	25 provide information before a final finding is entered.
463	463	26 (2) If a report of neglect or abuse of a child by a
464	464
465	465
466	466
467	467
468	468
469	469	HB3261 - 12 - LRB103 05254 KTG 50272 b
470	470
471	471
472	472	HB3261- 13 -LRB103 05254 KTG 50272 b HB3261 - 13 - LRB103 05254 KTG 50272 b
473	473	HB3261 - 13 - LRB103 05254 KTG 50272 b
474	474	1 teacher or administrator does not involve allegations of
475	475	2 sexual abuse or extreme physical abuse, the Child
476	476	3 Protective Service Unit shall make reasonable efforts to
477	477	4 conduct the initial investigation in coordination with the
478	478	5 employee's supervisor.
479	479	6 If the Unit determines that the report is a good faith
480	480	7 indication of potential child abuse or neglect, it shall
481	481	8 then commence a formal investigation under paragraph (3)
482	482	9 of subsection (b) of this Section.
483	483	10 (3) If a report of neglect or abuse of a child by a
484	484	11 teacher or administrator involves an allegation of sexual
485	485	12 abuse or extreme physical abuse, the Child Protective Unit
486	486	13 shall commence an investigation under paragraph (2) of
487	487	14 subsection (b) of this Section.
488	488	15 (c-5) In any instance in which a report is made or caused
489	489	16 to made by a school district employee involving the conduct of
490	490	17 a person employed by the school district, at the time the
491	491	18 report was made, as required under Section 4 of this Act, the
492	492	19 Child Protective Service Unit shall send a copy of its final
493	493	20 finding report to the general superintendent of that school
494	494	21 district.
495	495	22 (c-10) The Department may recommend that a school district
496	496	23 remove a school employee who is the subject of an
497	497	24 investigation from his or her employment position pending the
498	498	25 outcome of the investigation; however, all employment
499	499	26 decisions regarding school personnel shall be the sole
500	500
501	501
502	502
503	503
504	504
505	505	HB3261 - 13 - LRB103 05254 KTG 50272 b
506	506
507	507
508	508	HB3261- 14 -LRB103 05254 KTG 50272 b HB3261 - 14 - LRB103 05254 KTG 50272 b
509	509	HB3261 - 14 - LRB103 05254 KTG 50272 b
510	510	1 responsibility of the school district or employer. The
511	511	2 Department may not require a school district to remove a
512	512	3 school employee from his or her employment position or limit
513	513	4 the school employee's duties pending the outcome of an
514	514	5 investigation.
515	515	6 (d) If the Department has contact with an employer, or
516	516	7 with a religious institution or religious official having
517	517	8 supervisory or hierarchical authority over a member of the
518	518	9 clergy accused of the abuse of a child, in the course of its
519	519	10 investigation, the Department shall notify the employer or the
520	520	11 religious institution or religious official, in writing, when
521	521	12 a report is unfounded so that any record of the investigation
522	522	13 can be expunged from the employee's or member of the clergy's
523	523	14 personnel or other records. The Department shall also notify
524	524	15 the employee or the member of the clergy, in writing, that
525	525	16 notification has been sent to the employer or to the
526	526	17 appropriate religious institution or religious official
527	527	18 informing the employer or religious institution or religious
528	528	19 official that the Department's investigation has resulted in
529	529	20 an unfounded report.
530	530	21 (d-1) Whenever a report alleges that a child was abused or
531	531	22 neglected while receiving care in a hospital, including a
532	532	23 freestanding psychiatric hospital licensed by the Department
533	533	24 of Public Health, the Department shall send a copy of its final
534	534	25 finding to the Director of Public Health and the Director of
535	535	26 Healthcare and Family Services.
536	536
537	537
538	538
539	539
540	540
541	541	HB3261 - 14 - LRB103 05254 KTG 50272 b
542	542
543	543
544	544	HB3261- 15 -LRB103 05254 KTG 50272 b HB3261 - 15 - LRB103 05254 KTG 50272 b
545	545	HB3261 - 15 - LRB103 05254 KTG 50272 b
546	546	1 (e) Upon request by the Department, the Illinois State
547	547	2 Police and law enforcement agencies are authorized to provide
548	548	3 criminal history record information as defined in the Illinois
549	549	4 Uniform Conviction Information Act and information maintained
550	550	5 in the adjudicatory and dispositional record system as defined
551	551	6 in Section 2605-355 of the Illinois State Police Law to
552	552	7 properly designated employees of the Department of Children
553	553	8 and Family Services if the Department determines the
554	554	9 information is necessary to perform its duties under the
555	555	10 Abused and Neglected Child Reporting Act, the Child Care Act
556	556	11 of 1969, and the Children and Family Services Act. The request
557	557	12 shall be in the form and manner required by the Illinois State
558	558	13 Police. Any information obtained by the Department of Children
559	559	14 and Family Services under this Section is confidential and may
560	560	15 not be transmitted outside the Department of Children and
561	561	16 Family Services other than to a court of competent
562	562	17 jurisdiction or unless otherwise authorized by law. Any
563	563	18 employee of the Department of Children and Family Services who
564	564	19 transmits confidential information in violation of this
565	565	20 Section or causes the information to be transmitted in
566	566	21 violation of this Section is guilty of a Class A misdemeanor
567	567	22 unless the transmittal of the information is authorized by
568	568	23 this Section or otherwise authorized by law.
569	569	24 (f) For purposes of this Section, "child abuse or neglect"
570	570	25 includes abuse or neglect of an adult resident as defined in
571	571	26 this Act.
572	572
573	573
574	574
575	575
576	576
577	577	HB3261 - 15 - LRB103 05254 KTG 50272 b
578	578
579	579
580	580	HB3261- 16 -LRB103 05254 KTG 50272 b HB3261 - 16 - LRB103 05254 KTG 50272 b
581	581	HB3261 - 16 - LRB103 05254 KTG 50272 b
582	582	1 (Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)
583	583	2 (325 ILCS 5/7.7) (from Ch. 23, par. 2057.7)
584	584	3 Sec. 7.7. There shall be a central register of all cases of
585	585	4 suspected child abuse or neglect reported and maintained by
586	586	5 the Department under this Act, but not including any family
587	587	6 assessment cases in which the Department determines that no
588	588	7 formal investigation is needed as provided in subsection (a-5)
589	589	8 of Section 7.4. Through the recording of initial, preliminary,
590	590	9 and final reports, the central register shall be operated in
591	591	10 such a manner as to enable the Department to: (1) immediately
592	592	11 identify and locate prior reports of child abuse or neglect;
593	593	12 (2) continuously monitor the current status of all reports of
594	594	13 child abuse or neglect being provided services under this Act;
595	595	14 and (3) regularly evaluate the effectiveness of existing laws
596	596	15 and programs through the development and analysis of
597	597	16 statistical and other information.
598	598	17 The Department shall maintain in the central register a
599	599	18 listing of unfounded reports where the subject of the
600	600	19 unfounded report requests that the record not be expunged
601	601	20 because the subject alleges an intentional false report was
602	602	21 made. Such a request must be made by the subject in writing to
603	603	22 the Department, within 10 days of the investigation. By
604	604	23 January 1, 2014, the Department shall promulgate rules
605	605	24 establishing criteria and standards for labeling an unfounded
606	606	25 report as an intentional false report in the central register.
607	607
608	608
609	609
610	610
611	611
612	612	HB3261 - 16 - LRB103 05254 KTG 50272 b
613	613
614	614
615	615	HB3261- 17 -LRB103 05254 KTG 50272 b HB3261 - 17 - LRB103 05254 KTG 50272 b
616	616	HB3261 - 17 - LRB103 05254 KTG 50272 b
617	617	1 The rules shall permit the reporter to submit a statement
618	618	2 regarding the report unless the reporter has been convicted of
619	619	3 knowingly transmitting a false report to the Department under
620	620	4 paragraph (7) of subsection (a) of Section 26-1 of the
621	621	5 Criminal Code of 2012.
622	622	6 The Department shall also maintain in the central register
623	623	7 a listing of unfounded reports where the report was classified
624	624	8 as a priority one or priority two report in accordance with the
625	625	9 Department's rules or the report was made by a person mandated
626	626	10 to report suspected abuse or neglect under this Act.
627	627	11 The Department shall maintain in the central register all
628	628	12 unfounded reports for a minimum of 5 years following the date
629	629	13 of the final finding.
630	630	14 If an individual is the subject of a subsequent
631	631	15 investigation that is pending, the Department shall maintain
632	632	16 all prior unfounded reports pertaining to that individual
633	633	17 until the pending investigation has been completed or for 5
634	634	18 years, whichever time period ends later.
635	635	19 For purposes of this Section "child abuse or neglect"
636	636	20 includes abuse or neglect of an adult resident as defined in
637	637	21 this Act.
638	638	22 (Source: P.A. 100-697, eff. 1-1-19.)
639	639	23 (325 ILCS 5/7.10) (from Ch. 23, par. 2057.10)
640	640	24 Sec. 7.10. Upon the receipt of each oral report made under
641	641	25 this Act, the Child Protective Service Unit shall immediately
642	642
643	643
644	644
645	645
646	646
647	647	HB3261 - 17 - LRB103 05254 KTG 50272 b
648	648
649	649
650	650	HB3261- 18 -LRB103 05254 KTG 50272 b HB3261 - 18 - LRB103 05254 KTG 50272 b
651	651	HB3261 - 18 - LRB103 05254 KTG 50272 b
652	652	1 transmit a copy thereof to the state central register of child
653	653	2 abuse and neglect. However, no oral report that only alleges
654	654	3 inadequate supervision of a child or conditions that create an
655	655	4 injurious environment to a child shall be reported to the
656	656	5 state central register, but shall instead be documented in an
657	657	6 alternative manner as prescribed by the Department by rule. A
658	658	7 preliminary report from a Child Protective Service Unit shall
659	659	8 be made at the time of the first of any 30-day extensions made
660	660	9 pursuant to Section 7.12 and shall describe the status of the
661	661	10 related investigation up to that time, including an evaluation
662	662	11 of the present family situation and danger to the child or
663	663	12 children, corrections or up-dating of the initial report, and
664	664	13 actions taken or contemplated.
665	665	14 For purposes of this Section "child" includes an adult
666	666	15 resident as defined in this Act.
667	667	16 (Source: P.A. 96-1446, eff. 8-20-10.)
668	668	17 (325 ILCS 5/7.15) (from Ch. 23, par. 2057.15)
669	669	18 Sec. 7.15. The central register may contain such other
670	670	19 information which the Department determines to be in
671	671	20 furtherance of the purposes of this Act, but shall not contain
672	672	21 any information regarding a family assessment case in which
673	673	22 the Department determined that no formal investigation was
674	674	23 needed as provided in subsection (a-5) of Section 7.4.
675	675	24 Pursuant to the provisions of Sections 7.14 and 7.16, the
676	676	25 Department may amend or remove from the central register
677	677
678	678
679	679
680	680
681	681
682	682	HB3261 - 18 - LRB103 05254 KTG 50272 b
683	683
684	684
685	685	HB3261- 19 -LRB103 05254 KTG 50272 b HB3261 - 19 - LRB103 05254 KTG 50272 b
686	686	HB3261 - 19 - LRB103 05254 KTG 50272 b
687	687	1 appropriate records upon good cause shown and upon notice to
688	688	2 the subjects of the report and the Child Protective Service
689	689	3 Unit.
690	690	4 (Source: P.A. 90-15, eff. 6-13-97.)
691	691
692	692
693	693
694	694
695	695
696	696	HB3261 - 19 - LRB103 05254 KTG 50272 b