Illinois 2023-2024 Regular Session

Illinois House Bill HB3471 Compare Versions

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

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3471 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: 325 ILCS 5/7.3 from Ch. 23, par. 2057.3 Amends the Abused and Neglected Child Reporting Act. In a provision requiring the Department of Children and Family Services to allow law enforcement personnel to concurrently investigate with the Department reports of suspected child abuse or neglect, provides that the Department's completed investigative report shall be shared with the office of the State's Attorney of the involved county, if requested, to the extent such disclosure is permitted by current law and regulation, and subject to any and all existing and applicable requirements to maintain the information shared as confidential. Provides that nothing prohibits the office of the State's Attorney of the involved county from concurrently conducting an additional, independent investigation of the same incidents and allegations investigated by the Department. Provides that at the commencement of the State's Attorney's independent investigation, the State's Attorney, in his or her official capacity as a mandated reporter, shall notify the Department of the independent investigation by making a report by telephone to the Department's central register on the single, State-wide, toll-free telephone number established under the Act. Provides that upon completion of the independent investigation, the State's Attorney shall share his or her findings and determinations with the Department. LRB103 29952 KTG 56367 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3471 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: 325 ILCS 5/7.3 from Ch. 23, par. 2057.3 325 ILCS 5/7.3 from Ch. 23, par. 2057.3 Amends the Abused and Neglected Child Reporting Act. In a provision requiring the Department of Children and Family Services to allow law enforcement personnel to concurrently investigate with the Department reports of suspected child abuse or neglect, provides that the Department's completed investigative report shall be shared with the office of the State's Attorney of the involved county, if requested, to the extent such disclosure is permitted by current law and regulation, and subject to any and all existing and applicable requirements to maintain the information shared as confidential. Provides that nothing prohibits the office of the State's Attorney of the involved county from concurrently conducting an additional, independent investigation of the same incidents and allegations investigated by the Department. Provides that at the commencement of the State's Attorney's independent investigation, the State's Attorney, in his or her official capacity as a mandated reporter, shall notify the Department of the independent investigation by making a report by telephone to the Department's central register on the single, State-wide, toll-free telephone number established under the Act. Provides that upon completion of the independent investigation, the State's Attorney shall share his or her findings and determinations with the Department. LRB103 29952 KTG 56367 b LRB103 29952 KTG 56367 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3471 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
3	3	325 ILCS 5/7.3 from Ch. 23, par. 2057.3 325 ILCS 5/7.3 from Ch. 23, par. 2057.3
4	4	325 ILCS 5/7.3 from Ch. 23, par. 2057.3
5	5	Amends the Abused and Neglected Child Reporting Act. In a provision requiring the Department of Children and Family Services to allow law enforcement personnel to concurrently investigate with the Department reports of suspected child abuse or neglect, provides that the Department's completed investigative report shall be shared with the office of the State's Attorney of the involved county, if requested, to the extent such disclosure is permitted by current law and regulation, and subject to any and all existing and applicable requirements to maintain the information shared as confidential. Provides that nothing prohibits the office of the State's Attorney of the involved county from concurrently conducting an additional, independent investigation of the same incidents and allegations investigated by the Department. Provides that at the commencement of the State's Attorney's independent investigation, the State's Attorney, in his or her official capacity as a mandated reporter, shall notify the Department of the independent investigation by making a report by telephone to the Department's central register on the single, State-wide, toll-free telephone number established under the Act. Provides that upon completion of the independent investigation, the State's Attorney shall share his or her findings and determinations with the Department.
6	6	LRB103 29952 KTG 56367 b LRB103 29952 KTG 56367 b
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8	8	A BILL FOR
9	9	HB3471LRB103 29952 KTG 56367 b HB3471 LRB103 29952 KTG 56367 b
10	10	HB3471 LRB103 29952 KTG 56367 b
11	11	1 AN ACT concerning children.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Reference to Act. This Act may be referred to as
15	15	5 the AJ Freund Act.
16	16	6 Section 5. The Abused and Neglected Child Reporting Act is
17	17	7 amended by changing Section 7.3 as follows:
18	18	8 (325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
19	19	9 Sec. 7.3. (a) The Department shall be the sole agency
20	20	10 responsible for receiving and investigating reports of child
21	21	11 abuse or neglect made under this Act, including reports of
22	22	12 adult resident abuse or neglect as defined in this Act, except
23	23	13 where investigations by other agencies may be required with
24	24	14 respect to reports alleging the abuse or neglect of a child by
25	25	15 a person who is not the child's parent, a member of the child's
26	26	16 immediate family, a person responsible for the child's
27	27	17 welfare, an individual residing in the same home as the child,
28	28	18 or a paramour of the child's parent, the death of a child,
29	29	19 serious injury to a child or sexual abuse to a child made
30	30	20 pursuant to Sections 4.1 or 7 of this Act, and except that the
31	31	21 Department may delegate the performance of the investigation
32	32	22 to the Illinois State Police, a law enforcement agency and to
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36	36	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3471 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
37	37	325 ILCS 5/7.3 from Ch. 23, par. 2057.3 325 ILCS 5/7.3 from Ch. 23, par. 2057.3
38	38	325 ILCS 5/7.3 from Ch. 23, par. 2057.3
39	39	Amends the Abused and Neglected Child Reporting Act. In a provision requiring the Department of Children and Family Services to allow law enforcement personnel to concurrently investigate with the Department reports of suspected child abuse or neglect, provides that the Department's completed investigative report shall be shared with the office of the State's Attorney of the involved county, if requested, to the extent such disclosure is permitted by current law and regulation, and subject to any and all existing and applicable requirements to maintain the information shared as confidential. Provides that nothing prohibits the office of the State's Attorney of the involved county from concurrently conducting an additional, independent investigation of the same incidents and allegations investigated by the Department. Provides that at the commencement of the State's Attorney's independent investigation, the State's Attorney, in his or her official capacity as a mandated reporter, shall notify the Department of the independent investigation by making a report by telephone to the Department's central register on the single, State-wide, toll-free telephone number established under the Act. Provides that upon completion of the independent investigation, the State's Attorney shall share his or her findings and determinations with the Department.
40	40	LRB103 29952 KTG 56367 b LRB103 29952 KTG 56367 b
41	41	LRB103 29952 KTG 56367 b
42	42	A BILL FOR
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48	48	325 ILCS 5/7.3 from Ch. 23, par. 2057.3
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67	67	1 those private social service agencies which have been
68	68	2 designated for this purpose by the Department prior to July 1,
69	69	3 1980.
70	70	4 (b) Notwithstanding any other provision of this Act, the
71	71	5 Department shall adopt rules expressly allowing law
72	72	6 enforcement personnel to investigate reports of suspected
73	73	7 child abuse or neglect concurrently with the Department,
74	74	8 without regard to whether the Department determines a report
75	75	9 to be "indicated" or "unfounded" or deems a report to be
76	76	10 "undetermined". Upon any determination, the complete
77	77	11 investigative report shall be shared with the office of the
78	78	12 State's Attorney of the involved county, if requested, to the
79	79	13 extent such disclosure is permitted by current law and
80	80	14 regulation, and subject to any and all existing and applicable
81	81	15 requirements to maintain the information shared as
82	82	16 confidential. Nothing shall prohibit the office of the State's
83	83	17 Attorney of the involved county from concurrently conducting
84	84	18 an additional, independent investigation of the same incidents
85	85	19 and allegations investigated by the Department. At the
86	86	20 commencement of the State's Attorney's independent
87	87	21 investigation, the State's Attorney, in his or her official
88	88	22 capacity as a mandated reporter, shall notify the Department
89	89	23 of the independent investigation by making a report by
90	90	24 telephone to the central register established under Section
91	91	25 7.7 on the single, State-wide, toll-free telephone number
92	92	26 established in Section 7.6. Upon completion of the independent
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103	103	1 investigation, the State's Attorney shall share his or her
104	104	2 findings and determinations with the Department.
105	105	3 (c) By June 1, 2016, the Department shall adopt rules that
106	106	4 address and set forth criteria and standards relevant to
107	107	5 investigations of reports of abuse or neglect committed by any
108	108	6 agency, as defined in Section 3 of this Act, or person working
109	109	7 for an agency responsible for the welfare of a child or adult
110	110	8 resident.
111	111	9 (Source: P.A. 101-583, eff. 1-1-20; 102-538, eff. 8-20-21.)
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