Illinois 2023-2024 Regular Session

Illinois House Bill HB3471 Latest Draft

Bill / Introduced Version Filed 02/17/2023

                            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
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
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.
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    LRB103 29952 KTG 56367 b
A BILL FOR
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  HB3471  LRB103 29952 KTG 56367 b
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 1. Reference to Act. This Act may be referred to as
5  the AJ Freund Act.
6  Section 5. The Abused and Neglected Child Reporting Act is
7  amended by changing Section 7.3 as follows:
8  (325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
9  Sec. 7.3. (a) The Department shall be the sole agency
10  responsible for receiving and investigating reports of child
11  abuse or neglect made under this Act, including reports of
12  adult resident abuse or neglect as defined in this Act, except
13  where investigations by other agencies may be required with
14  respect to reports alleging the abuse or neglect of a child by
15  a person who is not the child's parent, a member of the child's
16  immediate family, a person responsible for the child's
17  welfare, an individual residing in the same home as the child,
18  or a paramour of the child's parent, the death of a child,
19  serious injury to a child or sexual abuse to a child made
20  pursuant to Sections 4.1 or 7 of this Act, and except that the
21  Department may delegate the performance of the investigation
22  to the Illinois State Police, a law enforcement agency and to

 

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
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.
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    LRB103 29952 KTG 56367 b
A BILL FOR

 

 

325 ILCS 5/7.3 from Ch. 23, par. 2057.3



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1  those private social service agencies which have been
2  designated for this purpose by the Department prior to July 1,
3  1980.
4  (b) Notwithstanding any other provision of this Act, the
5  Department shall adopt rules expressly allowing law
6  enforcement personnel to investigate reports of suspected
7  child abuse or neglect concurrently with the Department,
8  without regard to whether the Department determines a report
9  to be "indicated" or "unfounded" or deems a report to be
10  "undetermined". Upon any determination, the complete
11  investigative report shall be shared with the office of the
12  State's Attorney of the involved county, if requested, to the
13  extent such disclosure is permitted by current law and
14  regulation, and subject to any and all existing and applicable
15  requirements to maintain the information shared as
16  confidential. Nothing shall prohibit the office of the State's
17  Attorney of the involved county from concurrently conducting
18  an additional, independent investigation of the same incidents
19  and allegations investigated by the Department. At the
20  commencement of the State's Attorney's independent
21  investigation, the State's Attorney, in his or her official
22  capacity as a mandated reporter, shall notify the Department
23  of the independent investigation by making a report by
24  telephone to the central register established under Section
25  7.7 on the single, State-wide, toll-free telephone number
26  established in Section 7.6. Upon completion of the independent

 

 

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1  investigation, the State's Attorney shall share his or her
2  findings and determinations with the Department.
3  (c) By June 1, 2016, the Department shall adopt rules that
4  address and set forth criteria and standards relevant to
5  investigations of reports of abuse or neglect committed by any
6  agency, as defined in Section 3 of this Act, or person working
7  for an agency responsible for the welfare of a child or adult
8  resident.
9  (Source: P.A. 101-583, eff. 1-1-20; 102-538, eff. 8-20-21.)

 

 

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