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
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
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.
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A BILL FOR
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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 Department of Human Services Act is amended
5 by adding Section 1-85 as follows:
6 (20 ILCS 1305/1-85 new)
7 Sec. 1-85. Direct cash assistance program for homeless
8 youth. The Department of Human Services shall establish and
9 administer a direct cash assistance program for youth 18 years
10 of age and older but younger than 24 who are experiencing or
11 are at risk of experiencing homelessness. Under the program,
12 eligible individuals shall receive a monthly direct cash
13 amount of no less than $1,100 for up to 2 years. The direct
14 cash assistance provided under the program shall not be
15 considered income for purposes of determining eligibility or
16 the amount of assistance for any public aid benefit provided
17 under State or, subject to federal approval, federal law. The
18 Department shall adopt any rules necessary to implement the
19 program.
20 Section 10. The Abused and Neglected Child Reporting Act
21 is amended by changing Sections 7.4, 7.7, 7.10, 7.15 as
22 follows:
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
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.
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A BILL FOR
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
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1 (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
2 Sec. 7.4. (a) The Department shall be capable of receiving
3 reports of suspected child abuse or neglect 24 hours a day, 7
4 days a week. Whenever the Department receives a report
5 alleging that a child is a truant as defined in Section 26-2a
6 of the School Code, as now or hereafter amended, the
7 Department shall notify the superintendent of the school
8 district in which the child resides and the appropriate
9 superintendent of the educational service region. The
10 notification to the appropriate officials by the Department
11 shall not be considered an allegation of abuse or neglect
12 under this Act.
13 (a-5) The Department of Children and Family Services shall
14 may implement a "differential response program" in accordance
15 with criteria, standards, and procedures prescribed by rule.
16 Under the program, The program may provide that, upon
17 receiving a report of suspected child abuse or neglect, the
18 Department shall determine whether to conduct a family
19 assessment or an investigation as appropriate to prevent or
20 provide a remedy for child abuse or neglect. Notwithstanding
21 any other provision of this Act, any report that does not
22 involve an allegation of physical or sexual abuse shall be
23 eligible for referral to the differential response program,
24 specifically child maltreatment reports that only allege
25 inadequate supervision of a child or conditions that create an
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1 injurious environment to a child. No family shall be deemed
2 ineligible for participation in the differential response
3 program based upon a prior report of abuse or neglect
4 involving any member of the family.
5 For purposes of this subsection (a-5), "family assessment"
6 means a comprehensive assessment of child safety, risk of
7 subsequent child maltreatment, and family strengths and needs
8 that is applied to a child maltreatment report that does not
9 allege substantial child endangerment as defined in this
10 subsection. "Family assessment" does not include or result in
11 a determination as to whether child maltreatment occurred but
12 does determine the need for services to address the safety of
13 family members and the risk of subsequent maltreatment.
14 For purposes of this subsection (a-5), "investigation"
15 means fact-gathering related to the current safety of a child
16 and the risk of subsequent abuse or neglect that determines
17 whether a report of suspected child abuse or neglect should be
18 indicated or unfounded and whether child protective services
19 are needed.
20 For purposes of this subsection (a-5), "substantial child
21 endangerment" includes conduct by an adult involving or
22 resulting in sexual abuse, and conduct by a person responsible
23 for a child's welfare involving or resulting in abandonment,
24 child fatality, malicious punishment, or abuse or neglect that
25 causes serious physical injury.
26 Under the "differential response program" implemented
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1 under this subsection (a-5), the Department:
2 (1) Shall only conduct an investigation as provided in
3 subsection (b) on reports involving substantial child
4 abuse or neglect.
5 (2) Shall begin an immediate investigation as provided
6 in subsection (b) if, at any time when it is using a family
7 assessment response, it determines that there is reason to
8 believe that substantial child abuse or neglect or a
9 serious threat to the child's safety exists.
10 (3) Shall May conduct a family assessment for reports
11 that do not allege substantial child endangerment,
12 including child maltreatment reports that only allege
13 inadequate supervision of a child or conditions that
14 create an injurious environment to a child. In determining
15 that a family assessment is appropriate, the Department
16 may consider issues, including, but not limited to, child
17 safety, parental cooperation, and the need for an
18 immediate response.
19 (4) Shall promulgate criteria, standards, and
20 procedures that shall be applied in making its this
21 determination as to whether a family assessment or
22 investigation is appropriate, taking into consideration
23 the Child Endangerment Risk Assessment Protocol of the
24 Department.
25 (5) May conduct a family assessment on a report that
26 was initially screened and assigned for an investigation.
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1 In determining that a complete investigation is not
2 required, the Department must document the reason for
3 terminating the investigation and notify the local law
4 enforcement agency or the Illinois State Police if the local
5 law enforcement agency or Illinois State Police is conducting
6 a joint investigation.
7 Once it is determined that a "family assessment" will be
8 implemented, the case shall not be reported to the central
9 register of abuse and neglect reports. However, the Department
10 shall document the outcome of the assessment.
11 During a family assessment, the Department shall collect
12 any available and relevant information to determine child
13 safety, risk of subsequent abuse or neglect, and family
14 strengths.
15 Information collected includes, but is not limited to,
16 when relevant: information with regard to the person reporting
17 the alleged abuse or neglect, including the nature of the
18 reporter's relationship to the child and to the alleged
19 offender, and the basis of the reporter's knowledge for the
20 report; the child allegedly being abused or neglected; the
21 alleged offender; the child's caretaker; and other collateral
22 sources having relevant information related to the alleged
23 abuse or neglect. Information relevant to the assessment must
24 be asked for, and may include:
25 (A) The child's sex and age, prior reports of abuse or
26 neglect, information relating to developmental
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1 functioning, credibility of the child's statement, and
2 whether the information provided under this paragraph (A)
3 is consistent with other information collected during the
4 course of the assessment or investigation.
5 (B) The alleged offender's age, a record check for
6 prior reports of abuse or neglect, and criminal charges
7 and convictions. The alleged offender may submit
8 supporting documentation relevant to the assessment.
9 (C) Collateral source information regarding the
10 alleged abuse or neglect and care of the child. Collateral
11 information includes, when relevant: (i) a medical
12 examination of the child; (ii) prior medical records
13 relating to the alleged maltreatment or care of the child
14 maintained by any facility, clinic, or health care
15 professional, and an interview with the treating
16 professionals; and (iii) interviews with the child's
17 caretakers, including the child's parent, guardian, foster
18 parent, child care provider, teachers, counselors, family
19 members, relatives, and other persons who may have
20 knowledge regarding the alleged maltreatment and the care
21 of the child.
22 (D) Information on the existence of domestic abuse and
23 violence in the home of the child, and substance abuse.
24 Nothing in this subsection (a-5) precludes the Department
25 from collecting other relevant information necessary to
26 conduct the assessment or investigation. Nothing in this
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1 subsection (a-5) shall be construed to allow the name or
2 identity of a reporter to be disclosed in violation of the
3 protections afforded under Section 7.19 of this Act.
4 A family assessment conducted by the Department in
5 accordance with this subsection shall be completed within 45
6 days. Upon written justification by the Department, the
7 assessment may be extended, not to exceed a total of 60 days.
8 After conducting the family assessment, the Department
9 shall determine whether services are needed to address the
10 safety of the child and other family members and the risk of
11 subsequent abuse or neglect.
12 Upon completion of the family assessment, if the
13 Department concludes that no services shall be offered, then
14 the case shall be closed. If the Department concludes that
15 services shall be offered, the Department shall develop a
16 family preservation plan and offer or refer services to the
17 family. A family in need of services shall, at a minimum, be
18 offered in-home services provided under the Intact Family
19 Services program, including counseling, domestic violence
20 prevention, substance abuse treatment, mental health
21 treatment, parenting coaching or classes, and housing. The
22 Department must also provide Norman Emergency Cash Assistance
23 and Housing Locator Services to a family who has one or more
24 children who are in danger of coming into the Department's
25 care due to a lack of food, clothing, housing, or other basic
26 human needs. Under the Norman Services program, the family
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1 shall receive:
2 (i) direct emergency cash assistance to purchase items
3 needed to care for the children that the family cannot
4 afford to purchase;
5 (ii) housing locator services, if applicable; and
6 (iii) assistance with filing an application for
7 Temporary Assistance for Needy Families (TANF) benefits
8 provided under Article IV of the Illinois Public Aid Code.
9 A family has the option of declining any services offered
10 as a result of the assessment. If the family declines the
11 services, the case shall be closed unless the Department
12 determines that sufficient cause exists to begin an
13 investigation as provided in subsection (b) or to request the
14 State's Attorney file a petition in accordance with Article II
15 of the Juvenile Court Act of 1987 alleging the child is abused
16 or neglected. In no instance shall a case be investigated
17 solely because the family declines services.
18 At any time during a family assessment, if the Department
19 believes there is any reason to stop the assessment and
20 conduct an investigation based on the information discovered,
21 the Department shall do so.
22 The procedures available to the Department in conducting
23 investigations under this Act shall be followed as appropriate
24 during a family assessment.
25 The If the Department implements a differential response
26 program authorized under this subsection (a-5), the Department
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1 shall arrange for an independent evaluation of the program for
2 at least the first 3 years of implementation to determine
3 whether it is meeting the goals in accordance with Section 2 of
4 this Act.
5 The Department may adopt administrative rules necessary
6 for the execution of this Section, in accordance with Section
7 4 of the Children and Family Services Act.
8 The Department shall submit a report to the General
9 Assembly by January 15, 2018 on the implementation progress
10 and recommendations for additional needed legislative changes.
11 (b)(1) The following procedures shall be followed in the
12 investigation of all reports of suspected abuse or neglect of
13 a child, except as provided in subsection (c) of this Section.
14 (2) If, during a family assessment authorized by
15 subsection (a-5) or an investigation, it appears that the
16 immediate safety or well-being of a child is endangered, that
17 the family may flee or the child disappear, or that the facts
18 otherwise so warrant, the Child Protective Service Unit shall
19 commence an investigation immediately, regardless of the time
20 of day or night. All other investigations shall be commenced
21 within 24 hours of receipt of the report. Upon receipt of a
22 report, the Child Protective Service Unit shall conduct a
23 family assessment authorized by subsection (a-5) or begin an
24 initial investigation and make an initial determination
25 whether the report is a good faith indication of alleged child
26 abuse or neglect.
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1 (3) Based on an initial investigation, if the Unit
2 determines the report is a good faith indication of alleged
3 child abuse or neglect, then a formal investigation shall
4 commence and, pursuant to Section 7.12 of this Act, may or may
5 not result in an indicated report. The formal investigation
6 shall include: direct contact with the subject or subjects of
7 the report as soon as possible after the report is received; an
8 evaluation of the environment of the child named in the report
9 and any other children in the same environment; a
10 determination of the risk to such children if they continue to
11 remain in the existing environments, as well as a
12 determination of the nature, extent and cause of any condition
13 enumerated in such report; the name, age and condition of
14 other children in the environment; and an evaluation as to
15 whether there would be an immediate and urgent necessity to
16 remove the child from the environment if appropriate family
17 preservation services were provided. After seeing to the
18 safety of the child or children, the Department shall
19 forthwith notify the subjects of the report in writing, of the
20 existence of the report and their rights existing under this
21 Act in regard to amendment or expungement. To fulfill the
22 requirements of this Section, the Child Protective Service
23 Unit shall have the capability of providing or arranging for
24 comprehensive emergency services to children and families at
25 all times of the day or night.
26 (4) If (i) at the conclusion of the Unit's initial
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1 investigation of a report, the Unit determines the report to
2 be a good faith indication of alleged child abuse or neglect
3 that warrants a formal investigation by the Unit, the
4 Department, any law enforcement agency or any other
5 responsible agency and (ii) the person who is alleged to have
6 caused the abuse or neglect is employed or otherwise engaged
7 in an activity resulting in frequent contact with children and
8 the alleged abuse or neglect are in the course of such
9 employment or activity, then the Department shall, except in
10 investigations where the Director determines that such
11 notification would be detrimental to the Department's
12 investigation, inform the appropriate supervisor or
13 administrator of that employment or activity that the Unit has
14 commenced a formal investigation pursuant to this Act, which
15 may or may not result in an indicated report. The Department
16 shall also notify the person being investigated, unless the
17 Director determines that such notification would be
18 detrimental to the Department's investigation.
19 (c) In an investigation of a report of suspected abuse or
20 neglect of a child by a school employee at a school or on
21 school grounds, the Department shall make reasonable efforts
22 to follow the following procedures:
23 (1) Investigations involving teachers shall not, to
24 the extent possible, be conducted when the teacher is
25 scheduled to conduct classes. Investigations involving
26 other school employees shall be conducted so as to
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1 minimize disruption of the school day. The school employee
2 accused of child abuse or neglect may have his superior,
3 his association or union representative and his attorney
4 present at any interview or meeting at which the teacher
5 or administrator is present. The accused school employee
6 shall be informed by a representative of the Department,
7 at any interview or meeting, of the accused school
8 employee's due process rights and of the steps in the
9 investigation process. These due process rights shall also
10 include the right of the school employee to present
11 countervailing evidence regarding the accusations. In an
12 investigation in which the alleged perpetrator of abuse or
13 neglect is a school employee, including, but not limited
14 to, a school teacher or administrator, and the
15 recommendation is to determine the report to be indicated,
16 in addition to other procedures as set forth and defined
17 in Department rules and procedures, the employee's due
18 process rights shall also include: (i) the right to a copy
19 of the investigation summary; (ii) the right to review the
20 specific allegations which gave rise to the investigation;
21 and (iii) the right to an administrator's teleconference
22 which shall be convened to provide the school employee
23 with the opportunity to present documentary evidence or
24 other information that supports his or her position and to
25 provide information before a final finding is entered.
26 (2) If a report of neglect or abuse of a child by a
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1 teacher or administrator does not involve allegations of
2 sexual abuse or extreme physical abuse, the Child
3 Protective Service Unit shall make reasonable efforts to
4 conduct the initial investigation in coordination with the
5 employee's supervisor.
6 If the Unit determines that the report is a good faith
7 indication of potential child abuse or neglect, it shall
8 then commence a formal investigation under paragraph (3)
9 of subsection (b) of this Section.
10 (3) If a report of neglect or abuse of a child by a
11 teacher or administrator involves an allegation of sexual
12 abuse or extreme physical abuse, the Child Protective Unit
13 shall commence an investigation under paragraph (2) of
14 subsection (b) of this Section.
15 (c-5) In any instance in which a report is made or caused
16 to made by a school district employee involving the conduct of
17 a person employed by the school district, at the time the
18 report was made, as required under Section 4 of this Act, the
19 Child Protective Service Unit shall send a copy of its final
20 finding report to the general superintendent of that school
21 district.
22 (c-10) The Department may recommend that a school district
23 remove a school employee who is the subject of an
24 investigation from his or her employment position pending the
25 outcome of the investigation; however, all employment
26 decisions regarding school personnel shall be the sole
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1 responsibility of the school district or employer. The
2 Department may not require a school district to remove a
3 school employee from his or her employment position or limit
4 the school employee's duties pending the outcome of an
5 investigation.
6 (d) If the Department has contact with an employer, or
7 with a religious institution or religious official having
8 supervisory or hierarchical authority over a member of the
9 clergy accused of the abuse of a child, in the course of its
10 investigation, the Department shall notify the employer or the
11 religious institution or religious official, in writing, when
12 a report is unfounded so that any record of the investigation
13 can be expunged from the employee's or member of the clergy's
14 personnel or other records. The Department shall also notify
15 the employee or the member of the clergy, in writing, that
16 notification has been sent to the employer or to the
17 appropriate religious institution or religious official
18 informing the employer or religious institution or religious
19 official that the Department's investigation has resulted in
20 an unfounded report.
21 (d-1) Whenever a report alleges that a child was abused or
22 neglected while receiving care in a hospital, including a
23 freestanding psychiatric hospital licensed by the Department
24 of Public Health, the Department shall send a copy of its final
25 finding to the Director of Public Health and the Director of
26 Healthcare and Family Services.
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1 (e) Upon request by the Department, the Illinois State
2 Police and law enforcement agencies are authorized to provide
3 criminal history record information as defined in the Illinois
4 Uniform Conviction Information Act and information maintained
5 in the adjudicatory and dispositional record system as defined
6 in Section 2605-355 of the Illinois State Police Law to
7 properly designated employees of the Department of Children
8 and Family Services if the Department determines the
9 information is necessary to perform its duties under the
10 Abused and Neglected Child Reporting Act, the Child Care Act
11 of 1969, and the Children and Family Services Act. The request
12 shall be in the form and manner required by the Illinois State
13 Police. Any information obtained by the Department of Children
14 and Family Services under this Section is confidential and may
15 not be transmitted outside the Department of Children and
16 Family Services other than to a court of competent
17 jurisdiction or unless otherwise authorized by law. Any
18 employee of the Department of Children and Family Services who
19 transmits confidential information in violation of this
20 Section or causes the information to be transmitted in
21 violation of this Section is guilty of a Class A misdemeanor
22 unless the transmittal of the information is authorized by
23 this Section or otherwise authorized by law.
24 (f) For purposes of this Section, "child abuse or neglect"
25 includes abuse or neglect of an adult resident as defined in
26 this Act.
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1 (Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)
2 (325 ILCS 5/7.7) (from Ch. 23, par. 2057.7)
3 Sec. 7.7. There shall be a central register of all cases of
4 suspected child abuse or neglect reported and maintained by
5 the Department under this Act, but not including any family
6 assessment cases in which the Department determines that no
7 formal investigation is needed as provided in subsection (a-5)
8 of Section 7.4. Through the recording of initial, preliminary,
9 and final reports, the central register shall be operated in
10 such a manner as to enable the Department to: (1) immediately
11 identify and locate prior reports of child abuse or neglect;
12 (2) continuously monitor the current status of all reports of
13 child abuse or neglect being provided services under this Act;
14 and (3) regularly evaluate the effectiveness of existing laws
15 and programs through the development and analysis of
16 statistical and other information.
17 The Department shall maintain in the central register a
18 listing of unfounded reports where the subject of the
19 unfounded report requests that the record not be expunged
20 because the subject alleges an intentional false report was
21 made. Such a request must be made by the subject in writing to
22 the Department, within 10 days of the investigation. By
23 January 1, 2014, the Department shall promulgate rules
24 establishing criteria and standards for labeling an unfounded
25 report as an intentional false report in the central register.
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1 The rules shall permit the reporter to submit a statement
2 regarding the report unless the reporter has been convicted of
3 knowingly transmitting a false report to the Department under
4 paragraph (7) of subsection (a) of Section 26-1 of the
5 Criminal Code of 2012.
6 The Department shall also maintain in the central register
7 a listing of unfounded reports where the report was classified
8 as a priority one or priority two report in accordance with the
9 Department's rules or the report was made by a person mandated
10 to report suspected abuse or neglect under this Act.
11 The Department shall maintain in the central register all
12 unfounded reports for a minimum of 5 years following the date
13 of the final finding.
14 If an individual is the subject of a subsequent
15 investigation that is pending, the Department shall maintain
16 all prior unfounded reports pertaining to that individual
17 until the pending investigation has been completed or for 5
18 years, whichever time period ends later.
19 For purposes of this Section "child abuse or neglect"
20 includes abuse or neglect of an adult resident as defined in
21 this Act.
22 (Source: P.A. 100-697, eff. 1-1-19.)
23 (325 ILCS 5/7.10) (from Ch. 23, par. 2057.10)
24 Sec. 7.10. Upon the receipt of each oral report made under
25 this Act, the Child Protective Service Unit shall immediately
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1 transmit a copy thereof to the state central register of child
2 abuse and neglect. However, no oral report that only alleges
3 inadequate supervision of a child or conditions that create an
4 injurious environment to a child shall be reported to the
5 state central register, but shall instead be documented in an
6 alternative manner as prescribed by the Department by rule. A
7 preliminary report from a Child Protective Service Unit shall
8 be made at the time of the first of any 30-day extensions made
9 pursuant to Section 7.12 and shall describe the status of the
10 related investigation up to that time, including an evaluation
11 of the present family situation and danger to the child or
12 children, corrections or up-dating of the initial report, and
13 actions taken or contemplated.
14 For purposes of this Section "child" includes an adult
15 resident as defined in this Act.
16 (Source: P.A. 96-1446, eff. 8-20-10.)
17 (325 ILCS 5/7.15) (from Ch. 23, par. 2057.15)
18 Sec. 7.15. The central register may contain such other
19 information which the Department determines to be in
20 furtherance of the purposes of this Act, but shall not contain
21 any information regarding a family assessment case in which
22 the Department determined that no formal investigation was
23 needed as provided in subsection (a-5) of Section 7.4.
24 Pursuant to the provisions of Sections 7.14 and 7.16, the
25 Department may amend or remove from the central register
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1 appropriate records upon good cause shown and upon notice to
2 the subjects of the report and the Child Protective Service
3 Unit.
4 (Source: P.A. 90-15, eff. 6-13-97.)
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