Illinois 2023-2024 Regular Session

Illinois House Bill HB3579 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 HB3579 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: 325 ILCS 5/7 from Ch. 23, par. 2057 325 ILCS 5/7.3 from Ch. 23, par. 2057.3 Amends the Abused and Neglected Child Reporting Act. Provides that any report received by the Department of Children and Family Services alleging the abuse or neglect of a child by any person (rather than a person who is not the child's parent, a member of the child's immediate family, a person responsible for the child's welfare, an individual residing in the same home as the child, or a paramour of the child's parent) shall immediately be shared with (rather than referred to) the appropriate local law enforcement agency. Provides that, upon receipt of the shared report, the local law enforcement agency may, in its discretion, conduct a criminal investigation or other action based on the information contained within the report. Provides that the Department shall be the sole agency responsible for receiving and investigating reports of child abuse or neglect made under the Act, except where investigations by other agencies may be required with respect to reports alleging the abuse or neglect of a child by any person (rather than except where investigations by other agencies may be required with respect to reports alleging the abuse or neglect of a child by a person who is not the child's parent, a member of the child's immediate family, a person responsible for the child's welfare, an individual residing in the same home as the child, or a paramour of the child's parent). LRB103 29946 KTG 56361 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3579 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: 325 ILCS 5/7 from Ch. 23, par. 2057 325 ILCS 5/7.3 from Ch. 23, par. 2057.3 325 ILCS 5/7 from Ch. 23, par. 2057 325 ILCS 5/7.3 from Ch. 23, par. 2057.3 Amends the Abused and Neglected Child Reporting Act. Provides that any report received by the Department of Children and Family Services alleging the abuse or neglect of a child by any person (rather than a person who is not the child's parent, a member of the child's immediate family, a person responsible for the child's welfare, an individual residing in the same home as the child, or a paramour of the child's parent) shall immediately be shared with (rather than referred to) the appropriate local law enforcement agency. Provides that, upon receipt of the shared report, the local law enforcement agency may, in its discretion, conduct a criminal investigation or other action based on the information contained within the report. Provides that the Department shall be the sole agency responsible for receiving and investigating reports of child abuse or neglect made under the Act, except where investigations by other agencies may be required with respect to reports alleging the abuse or neglect of a child by any person (rather than except where investigations by other agencies may be required with respect to reports alleging the abuse or neglect of a child by a person who is not the child's parent, a member of the child's immediate family, a person responsible for the child's welfare, an individual residing in the same home as the child, or a paramour of the child's parent). LRB103 29946 KTG 56361 b LRB103 29946 KTG 56361 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3579 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
3	3	325 ILCS 5/7 from Ch. 23, par. 2057 325 ILCS 5/7.3 from Ch. 23, par. 2057.3 325 ILCS 5/7 from Ch. 23, par. 2057 325 ILCS 5/7.3 from Ch. 23, par. 2057.3
4	4	325 ILCS 5/7 from Ch. 23, par. 2057
5	5	325 ILCS 5/7.3 from Ch. 23, par. 2057.3
6	6	Amends the Abused and Neglected Child Reporting Act. Provides that any report received by the Department of Children and Family Services alleging the abuse or neglect of a child by any person (rather than a person who is not the child's parent, a member of the child's immediate family, a person responsible for the child's welfare, an individual residing in the same home as the child, or a paramour of the child's parent) shall immediately be shared with (rather than referred to) the appropriate local law enforcement agency. Provides that, upon receipt of the shared report, the local law enforcement agency may, in its discretion, conduct a criminal investigation or other action based on the information contained within the report. Provides that the Department shall be the sole agency responsible for receiving and investigating reports of child abuse or neglect made under the Act, except where investigations by other agencies may be required with respect to reports alleging the abuse or neglect of a child by any person (rather than except where investigations by other agencies may be required with respect to reports alleging the abuse or neglect of a child by a person who is not the child's parent, a member of the child's immediate family, a person responsible for the child's welfare, an individual residing in the same home as the child, or a paramour of the child's parent).
7	7	LRB103 29946 KTG 56361 b LRB103 29946 KTG 56361 b
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9	9	A BILL FOR
10	10	HB3579LRB103 29946 KTG 56361 b HB3579 LRB103 29946 KTG 56361 b
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12	12	1 AN ACT concerning children.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. Reference to Act. This Act may be referred to as
16	16	5 the AJ Freund Act.
17	17	6 Section 5. The Abused and Neglected Child Reporting Act is
18	18	7 amended by changing Sections 7 and 7.3 as follows:
19	19	8 (325 ILCS 5/7) (from Ch. 23, par. 2057)
20	20	9 Sec. 7. Time and manner of making reports. All reports of
21	21	10 suspected child abuse or neglect made under this Act shall be
22	22	11 made immediately by telephone to the central register
23	23	12 established under Section 7.7 on the single, State-wide,
24	24	13 toll-free telephone number established in Section 7.6, or in
25	25	14 person or by telephone through the nearest Department office.
26	26	15 The Department shall, in cooperation with school officials,
27	27	16 distribute appropriate materials in school buildings listing
28	28	17 the toll-free telephone number established in Section 7.6,
29	29	18 including methods of making a report under this Act. The
30	30	19 Department may, in cooperation with appropriate members of the
31	31	20 clergy, distribute appropriate materials in churches,
32	32	21 synagogues, temples, mosques, or other religious buildings
33	33	22 listing the toll-free telephone number established in Section
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3579 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
38	38	325 ILCS 5/7 from Ch. 23, par. 2057 325 ILCS 5/7.3 from Ch. 23, par. 2057.3 325 ILCS 5/7 from Ch. 23, par. 2057 325 ILCS 5/7.3 from Ch. 23, par. 2057.3
39	39	325 ILCS 5/7 from Ch. 23, par. 2057
40	40	325 ILCS 5/7.3 from Ch. 23, par. 2057.3
41	41	Amends the Abused and Neglected Child Reporting Act. Provides that any report received by the Department of Children and Family Services alleging the abuse or neglect of a child by any person (rather than a person who is not the child's parent, a member of the child's immediate family, a person responsible for the child's welfare, an individual residing in the same home as the child, or a paramour of the child's parent) shall immediately be shared with (rather than referred to) the appropriate local law enforcement agency. Provides that, upon receipt of the shared report, the local law enforcement agency may, in its discretion, conduct a criminal investigation or other action based on the information contained within the report. Provides that the Department shall be the sole agency responsible for receiving and investigating reports of child abuse or neglect made under the Act, except where investigations by other agencies may be required with respect to reports alleging the abuse or neglect of a child by any person (rather than except where investigations by other agencies may be required with respect to reports alleging the abuse or neglect of a child by a person who is not the child's parent, a member of the child's immediate family, a person responsible for the child's welfare, an individual residing in the same home as the child, or a paramour of the child's parent).
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44	44	A BILL FOR
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50	50	325 ILCS 5/7 from Ch. 23, par. 2057
51	51	325 ILCS 5/7.3 from Ch. 23, par. 2057.3
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70	70	1 7.6, including methods of making a report under this Act.
71	71	2 Wherever the Statewide number is posted, there shall also
72	72	3 be posted the following notice:
73	73	4 "Any person who knowingly transmits a false report to the
74	74	5 Department commits the offense of disorderly conduct under
75	75	6 subsection (a)(7) of Section 26-1 of the Criminal Code of
76	76	7 2012. A violation of this subsection is a Class 4 felony."
77	77	8 The report required by this Act shall include, if known,
78	78	9 the name and address of the child and his parents or other
79	79	10 persons having his custody; the child's age; the nature of the
80	80	11 child's condition, including any evidence of previous injuries
81	81	12 or disabilities; and any other information that the person
82	82	13 filing the report believes might be helpful in establishing
83	83	14 the cause of such abuse or neglect and the identity of the
84	84	15 person believed to have caused such abuse or neglect. Reports
85	85	16 made to the central register through the State-wide, toll-free
86	86	17 telephone number shall be immediately transmitted by the
87	87	18 Department to the appropriate Child Protective Service Unit.
88	88	19 All such reports alleging the death of a child, serious injury
89	89	20 to a child, including, but not limited to, brain damage, skull
90	90	21 fractures, subdural hematomas, and internal injuries, torture
91	91	22 of a child, malnutrition of a child, and sexual abuse to a
92	92	23 child, including, but not limited to, sexual intercourse,
93	93	24 sexual exploitation, sexual molestation, and sexually
94	94	25 transmitted disease in a child age 12 and under, shall also be
95	95	26 immediately transmitted by the Department to the appropriate
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106	106	1 local law enforcement agency. The Department shall within 24
107	107	2 hours orally notify local law enforcement personnel and the
108	108	3 office of the State's Attorney of the involved county of the
109	109	4 receipt of any report alleging the death of a child, serious
110	110	5 injury to a child, including, but not limited to, brain
111	111	6 damage, skull fractures, subdural hematomas, and internal
112	112	7 injuries, torture of a child, malnutrition of a child, and
113	113	8 sexual abuse to a child, including, but not limited to, sexual
114	114	9 intercourse, sexual exploitation, sexual molestation, and
115	115	10 sexually transmitted disease in a child age 12 and under. All
116	116	11 oral reports made by the Department to local law enforcement
117	117	12 personnel and the office of the State's Attorney of the
118	118	13 involved county shall be confirmed in writing within 24 hours
119	119	14 of the oral report. All reports by persons mandated to report
120	120	15 under this Act shall be confirmed in writing to the
121	121	16 appropriate Child Protective Service Unit, which may be on
122	122	17 forms supplied by the Department, within 48 hours of any
123	123	18 initial report.
124	124	19 Any report received by the Department alleging the abuse
125	125	20 or neglect of a child by any person a person who is not the
126	126	21 child's parent, a member of the child's immediate family, a
127	127	22 person responsible for the child's welfare, an individual
128	128	23 residing in the same home as the child, or a paramour of the
129	129	24 child's parent shall immediately be shared with referred to
130	130	25 the appropriate local law enforcement agency. Upon receipt of
131	131	26 the shared report, the local law enforcement agency may, in
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142	142	1 its discretion, conduct a criminal investigation or other
143	143	2 action based on the information contained within the report.
144	144	3 for consideration of criminal investigation or other action.
145	145	4 Written confirmation reports from persons not required to
146	146	5 report by this Act may be made to the appropriate Child
147	147	6 Protective Service Unit. Written reports from persons required
148	148	7 by this Act to report shall be admissible in evidence in any
149	149	8 judicial proceeding or administrative hearing relating to
150	150	9 child abuse or neglect. Reports involving known or suspected
151	151	10 child abuse or neglect in public or private residential
152	152	11 agencies or institutions shall be made and received in the
153	153	12 same manner as all other reports made under this Act.
154	154	13 For purposes of this Section, "child" includes an adult
155	155	14 resident as defined in this Act.
156	156	15 (Source: P.A. 101-583, eff. 1-1-20; 102-558, eff. 8-20-21.)
157	157	16 (325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
158	158	17 Sec. 7.3. (a) The Department shall be the sole agency
159	159	18 responsible for receiving and investigating reports of child
160	160	19 abuse or neglect made under this Act, including reports of
161	161	20 adult resident abuse or neglect as defined in this Act, except
162	162	21 where investigations by other agencies may be required with
163	163	22 respect to reports alleging the abuse or neglect of a child by
164	164	23 any person, a person who is not the child's parent, a member of
165	165	24 the child's immediate family, a person responsible for the
166	166	25 child's welfare, an individual residing in the same home as
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177	177	1 the child, or a paramour of the child's parent, the death of a
178	178	2 child, serious injury to a child, or sexual abuse to a child
179	179	3 made pursuant to Sections 4.1 or 7 of this Act, and except that
180	180	4 the Department may delegate the performance of the
181	181	5 investigation to the Illinois State Police, a law enforcement
182	182	6 agency and to those private social service agencies which have
183	183	7 been designated for this purpose by the Department prior to
184	184	8 July 1, 1980.
185	185	9 (b) Notwithstanding any other provision of this Act, the
186	186	10 Department shall adopt rules expressly allowing law
187	187	11 enforcement personnel to investigate reports of suspected
188	188	12 child abuse or neglect concurrently with the Department,
189	189	13 without regard to whether the Department determines a report
190	190	14 to be "indicated" or "unfounded" or deems a report to be
191	191	15 "undetermined".
192	192	16 (c) By June 1, 2016, the Department shall adopt rules that
193	193	17 address and set forth criteria and standards relevant to
194	194	18 investigations of reports of abuse or neglect committed by any
195	195	19 agency, as defined in Section 3 of this Act, or person working
196	196	20 for an agency responsible for the welfare of a child or adult
197	197	21 resident.
198	198	22 (Source: P.A. 101-583, eff. 1-1-20; 102-538, eff. 8-20-21.)
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