Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0375 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0460
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3	2		SB0375 Enrolled LRB103 02782 KTG 47788 b
4		-	AN ACT concerning children.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Children and Family Services Act is amended
8		-	by changing Section 21 as follows:
9		-	(20 ILCS 505/21) (from Ch. 23, par. 5021)
10		-	Sec. 21. Investigative powers; training.
11		-	(a) To make such investigations as it may deem necessary
12		-	to the performance of its duties.
13		-	(b) In the course of any such investigation any qualified
14		-	person authorized by the Director may administer oaths and
15		-	secure by its subpoena both the attendance and testimony of
16		-	witnesses and the production of books and papers relevant to
17		-	such investigation. Any person who is served with a subpoena
18		-	by the Department to appear and testify or to produce books and
19		-	papers, in the course of an investigation authorized by law,
20		-	and who refuses or neglects to appear, or to testify, or to
21		-	produce books and papers relevant to such investigation, as
22		-	commanded in such subpoena, shall be guilty of a Class B
23		-	misdemeanor. The fees of witnesses for attendance and travel
24		-	shall be the same as the fees of witnesses before the circuit
25		-	courts of this State. Any circuit court of this State, upon
26		-	application of the person requesting the hearing or the
	3	+	1 AN ACT concerning children.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Children and Family Services Act is amended
	7	+	5 by changing Section 21 as follows:
	8	+	6 (20 ILCS 505/21) (from Ch. 23, par. 5021)
	9	+	7 Sec. 21. Investigative powers; training.
	10	+	8 (a) To make such investigations as it may deem necessary
	11	+	9 to the performance of its duties.
	12	+	10 (b) In the course of any such investigation any qualified
	13	+	11 person authorized by the Director may administer oaths and
	14	+	12 secure by its subpoena both the attendance and testimony of
	15	+	13 witnesses and the production of books and papers relevant to
	16	+	14 such investigation. Any person who is served with a subpoena
	17	+	15 by the Department to appear and testify or to produce books and
	18	+	16 papers, in the course of an investigation authorized by law,
	19	+	17 and who refuses or neglects to appear, or to testify, or to
	20	+	18 produce books and papers relevant to such investigation, as
	21	+	19 commanded in such subpoena, shall be guilty of a Class B
	22	+	20 misdemeanor. The fees of witnesses for attendance and travel
	23	+	21 shall be the same as the fees of witnesses before the circuit
	24	+	22 courts of this State. Any circuit court of this State, upon
	25	+	23 application of the person requesting the hearing or the
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33		-	Department, may compel the attendance of witnesses, the
34		-	production of books and papers, and giving of testimony before
35		-	the Department or before any authorized officer or employee
36		-	thereof, by an attachment for contempt or otherwise, in the
37		-	same manner as production of evidence may be compelled before
38		-	such court. Every person who, having taken an oath or made
39		-	affirmation before the Department or any authorized officer or
40		-	employee thereof, shall willfully swear or affirm falsely,
41		-	shall be guilty of perjury and upon conviction shall be
42		-	punished accordingly.
43		-	(c) Investigations initiated under this Section shall
44		-	provide individuals due process of law, including the right to
45		-	a hearing, to cross-examine witnesses, to obtain relevant
46		-	documents, and to present evidence. Administrative findings
47		-	shall be subject to the provisions of the Administrative
48		-	Review Law.
49		-	(d) Beginning July 1, 1988, any child protective
50		-	investigator or supervisor or child welfare specialist or
51		-	supervisor employed by the Department on the effective date of
52		-	this amendatory Act of 1987 shall have completed a training
53		-	program which shall be instituted by the Department. The
54		-	training program shall include, but not be limited to, the
55		-	following: (1) training in the detection of symptoms of child
56		-	neglect and drug abuse; (2) specialized training for dealing
57		-	with families and children of drug abusers; and (3) specific
58		-	training in child development, family dynamics and interview
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	34	+	1 Department, may compel the attendance of witnesses, the
	35	+	2 production of books and papers, and giving of testimony before
	36	+	3 the Department or before any authorized officer or employee
	37	+	4 thereof, by an attachment for contempt or otherwise, in the
	38	+	5 same manner as production of evidence may be compelled before
	39	+	6 such court. Every person who, having taken an oath or made
	40	+	7 affirmation before the Department or any authorized officer or
	41	+	8 employee thereof, shall willfully swear or affirm falsely,
	42	+	9 shall be guilty of perjury and upon conviction shall be
	43	+	10 punished accordingly.
	44	+	11 (c) Investigations initiated under this Section shall
	45	+	12 provide individuals due process of law, including the right to
	46	+	13 a hearing, to cross-examine witnesses, to obtain relevant
	47	+	14 documents, and to present evidence. Administrative findings
	48	+	15 shall be subject to the provisions of the Administrative
	49	+	16 Review Law.
	50	+	17 (d) Beginning July 1, 1988, any child protective
	51	+	18 investigator or supervisor or child welfare specialist or
	52	+	19 supervisor employed by the Department on the effective date of
	53	+	20 this amendatory Act of 1987 shall have completed a training
	54	+	21 program which shall be instituted by the Department. The
	55	+	22 training program shall include, but not be limited to, the
	56	+	23 following: (1) training in the detection of symptoms of child
	57	+	24 neglect and drug abuse; (2) specialized training for dealing
	58	+	25 with families and children of drug abusers; and (3) specific
	59	+	26 training in child development, family dynamics and interview
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61		-	techniques. Such program shall conform to the criteria and
62		-	curriculum developed under Section 4 of the Child Protective
63		-	Investigator and Child Welfare Specialist Certification Act of
64		-	1987. Failure to complete such training due to lack of
65		-	opportunity provided by the Department shall in no way be
66		-	grounds for any disciplinary or other action against an
67		-	investigator or a specialist.
68		-	The Department shall develop a continuous inservice staff
69		-	development program and evaluation system. Each child
70		-	protective investigator and supervisor and child welfare
71		-	specialist and supervisor shall participate in such program
72		-	and evaluation and shall complete a minimum of 20 hours of
73		-	inservice education and training every 2 years in order to
74		-	maintain certification.
75		-	Any child protective investigator or child protective
76		-	supervisor, or child welfare specialist or child welfare
77		-	specialist supervisor hired by the Department who begins his
78		-	actual employment after the effective date of this amendatory
79		-	Act of 1987, shall be certified pursuant to the Child
80		-	Protective Investigator and Child Welfare Specialist
81		-	Certification Act of 1987 before he begins such employment.
82		-	Nothing in this Act shall replace or diminish the rights of
83		-	employees under the Illinois Public Labor Relations Act, as
84		-	amended, or the National Labor Relations Act. In the event of
85		-	any conflict between either of those Acts, or any collective
86		-	bargaining agreement negotiated thereunder, and the provisions
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89		-	of subsections (d) and (e), the former shall prevail and
90		-	control.
91		-	(e) The Department shall develop and implement the
92		-	following:
93		-	(1) A safety-based child welfare intervention system
94		-	standardized child endangerment risk assessment protocol.
95		-	(2) Related training procedures.
96		-	(3) A standardized method for demonstration of
97		-	proficiency in application of the safety-based child
98		-	welfare intervention system protocol.
99		-	(4) An evaluation of the reliability and validity of
100		-	the safety-based child welfare intervention system
101		-	protocol.
102		-	All child protective investigators and supervisors and child
103		-	welfare specialists and supervisors employed by the Department
104		-	or its contractors shall be required, subsequent to the
105		-	availability of training under this Act, to demonstrate
106		-	proficiency in application of the safety-based child welfare
107		-	intervention system protocol previous to being permitted to
108		-	make safety decisions about the degree of risk posed to
109		-	children for whom they are responsible. The Department shall
110		-	establish a multi-disciplinary advisory committee appointed by
111		-	the Director, including but not limited to representatives
112		-	from the fields of child development, domestic violence,
113		-	family systems, juvenile justice, law enforcement, health
114		-	care, mental health, substance abuse, and social service to
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117		-	advise the Department and its related contractors in the
118		-	development and implementation of the safety-based child
119		-	welfare intervention system child endangerment risk assessment
120		-	protocol, related training, method for demonstration of
121		-	proficiency in application of the safety-based child welfare
122		-	intervention system protocol, and evaluation of the
123		-	reliability and validity of the safety-based child welfare
124		-	intervention system protocol. The Department shall develop the
125		-	safety-based child welfare intervention system protocol,
126		-	training curriculum, method for demonstration of proficiency
127		-	in application of the safety-based child welfare intervention
128		-	system, protocol and method for evaluation of the reliability
129		-	and validity of the safety-based child welfare intervention
130		-	system protocol by July 1, 1995. Training and demonstration of
131		-	proficiency in application of the safety-based child welfare
132		-	intervention system child endangerment risk assessment
133		-	protocol for all child protective investigators and
134		-	supervisors and child welfare specialists and supervisors
135		-	shall be completed as soon as practicable, but no later than
136		-	January 1, 1996. The Department shall submit to the General
137		-	Assembly on or before December 31, 2026 May 1, 1996, and every
138		-	year thereafter, an annual report on the evaluation of the
139		-	reliability and validity of the safety-based child welfare
140		-	intervention system child endangerment risk assessment
141		-	protocol. The Department shall contract with a not for profit
142		-	organization with demonstrated expertise in the field of
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	70	+	1 techniques. Such program shall conform to the criteria and
	71	+	2 curriculum developed under Section 4 of the Child Protective
	72	+	3 Investigator and Child Welfare Specialist Certification Act of
	73	+	4 1987. Failure to complete such training due to lack of
	74	+	5 opportunity provided by the Department shall in no way be
	75	+	6 grounds for any disciplinary or other action against an
	76	+	7 investigator or a specialist.
	77	+	8 The Department shall develop a continuous inservice staff
	78	+	9 development program and evaluation system. Each child
	79	+	10 protective investigator and supervisor and child welfare
	80	+	11 specialist and supervisor shall participate in such program
	81	+	12 and evaluation and shall complete a minimum of 20 hours of
	82	+	13 inservice education and training every 2 years in order to
	83	+	14 maintain certification.
	84	+	15 Any child protective investigator or child protective
	85	+	16 supervisor, or child welfare specialist or child welfare
	86	+	17 specialist supervisor hired by the Department who begins his
	87	+	18 actual employment after the effective date of this amendatory
	88	+	19 Act of 1987, shall be certified pursuant to the Child
	89	+	20 Protective Investigator and Child Welfare Specialist
	90	+	21 Certification Act of 1987 before he begins such employment.
	91	+	22 Nothing in this Act shall replace or diminish the rights of
	92	+	23 employees under the Illinois Public Labor Relations Act, as
	93	+	24 amended, or the National Labor Relations Act. In the event of
	94	+	25 any conflict between either of those Acts, or any collective
	95	+	26 bargaining agreement negotiated thereunder, and the provisions
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145		-	safety-based child welfare intervention child endangerment
146		-	risk assessment to assist in the development and
147		-	implementation of the safety-based child welfare intervention
148		-	system child endangerment risk assessment protocol, related
149		-	training, method for demonstration of proficiency in
150		-	application of the safety-based child welfare intervention
151		-	system protocol, and evaluation of the reliability and
152		-	validity of the safety-based child welfare intervention system
153		-	protocol.
154		-	(f) The Department shall provide each parent or guardian
155		-	and responsible adult caregiver participating in a safety plan
156		-	a copy of the written safety plan as signed by each parent or
157		-	guardian and responsible adult caregiver and by a
158		-	representative of the Department. The Department shall also
159		-	provide each parent or guardian and responsible adult
160		-	caregiver safety plan information on their rights and
161		-	responsibilities that shall include, but need not be limited
162		-	to, information on how to obtain medical care, emergency phone
163		-	numbers, and information on how to notify schools or day care
164		-	providers as appropriate. The Department's representative
165		-	shall ensure that the safety plan is reviewed and approved by
166		-	the child protection supervisor.
167		-	(Source: P.A. 98-830, eff. 1-1-15.)
168		-	Section 10. The Advisory Commission on Reducing the
169		-	Disproportionate Representation of African-American Children
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172		-	in Foster Care Act is amended by changing Section 10 as
173		-	follows:
174		-	(20 ILCS 4104/10)
175		-	Sec. 10. Advisory Commission on Reducing the
176		-	Disproportionate Representation of African-American Children
177		-	in Foster Care.
178		-	(a) The Advisory Commission on Reducing the
179		-	Disproportionate Representation of African-American Children
180		-	in Foster Care is created and shall have the following
181		-	appointed members:
182		-	(1) One member appointed by the Governor or his of her
183		-	designee.
184		-	(2) One member appointed by the Speaker of the House
185		-	of Representatives or his or her designee.
186		-	(3) One member appointed by the Minority Leader of the
187		-	House of Representatives or his or her designee.
188		-	(4) One member appointed by the President of the
189		-	Senate or his or her designee.
190		-	(5) One member appointed by the Minority Leader of the
191		-	Senate or his or her designee.
192		-	(6) The Department on Aging, the Department of
193		-	Children and Family Services, the Department of Human
194		-	Services, the Department of Juvenile Justice, the
195		-	Department of Commerce and Economic Opportunity, the
196		-	Department of Healthcare and Family Services, the
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199		-	Department of Public Health, the State Board of Education,
200		-	the Board of Higher Education, the Illinois Community
201		-	College Board, the Department of Human Rights, the Capital
202		-	Development Board, the Department of Corrections, and the
203		-	Department of Labor shall each appoint a liaison to serve
204		-	ex officio on the Commission.
205		-	(7) One member from the Task Force on Strengthening
206		-	Child Welfare Workforce for Children and Families.
207		-	(8) One member from the Safety-Based Child Welfare
208		-	Intervention Child Endangerment Risk Assessment Protocol
209		-	Advisory Committee.
210		-	(9) Two members representing nonprofit organizations
211		-	that advocate for African-American children or youth to be
212		-	appointed by the Governor or his or her designee.
213		-	(b) The Governor or his or her designee shall appoint the
214		-	chairperson or chairpersons.
215		-	(c) Each member appointed to the Commission shall have a
216		-	working knowledge of Illinois' child welfare system. The
217		-	members shall reflect regional representation to ensure that
218		-	the needs of African-American families and children throughout
219		-	the State of Illinois are met.
220		-	(d) Members shall be appointed within 60 days after the
221		-	effective date of this Act. The Advisory Commission shall hold
222		-	its initial meetings within 60 days after at least 50% of the
223		-	members have been appointed.
224		-	(e) Vacancies on the Advisory Commission shall be filled
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	106	+	1 of subsections (d) and (e), the former shall prevail and
	107	+	2 control.
	108	+	3 (e) The Department shall develop and implement the
	109	+	4 following:
	110	+	5 (1) A safety-based child welfare intervention system
	111	+	6 standardized child endangerment risk assessment protocol.
	112	+	7 (2) Related training procedures.
	113	+	8 (3) A standardized method for demonstration of
	114	+	9 proficiency in application of the safety-based child
	115	+	10 welfare intervention system protocol.
	116	+	11 (4) An evaluation of the reliability and validity of
	117	+	12 the safety-based child welfare intervention system
	118	+	13 protocol.
	119	+	14 All child protective investigators and supervisors and child
	120	+	15 welfare specialists and supervisors employed by the Department
	121	+	16 or its contractors shall be required, subsequent to the
	122	+	17 availability of training under this Act, to demonstrate
	123	+	18 proficiency in application of the safety-based child welfare
	124	+	19 intervention system protocol previous to being permitted to
	125	+	20 make safety decisions about the degree of risk posed to
	126	+	21 children for whom they are responsible. The Department shall
	127	+	22 establish a multi-disciplinary advisory committee appointed by
	128	+	23 the Director, including but not limited to representatives
	129	+	24 from the fields of child development, domestic violence,
	130	+	25 family systems, juvenile justice, law enforcement, health
	131	+	26 care, mental health, substance abuse, and social service to
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227		-	in the same manner as initial appointments. Appointments to
228		-	fill vacancies occurring before the expiration of a term shall
229		-	be for the remainder of the unexpired term. Members shall
230		-	serve without compensation but may be reimbursed for actual
231		-	necessary expenses incurred in the performance of their
232		-	duties.
233		-	(f) The Department of Children and Family Services shall
234		-	provide administrative support to the Advisory Commission.
235		-	(Source: P.A. 102-470, eff. 8-20-21.)
236		-	Section 15. The Abused and Neglected Child Reporting Act
237		-	is amended by changing Sections 7.01 and 7.4 as follows:
238		-	(325 ILCS 5/7.01)
239		-	Sec. 7.01. Reports made by mandated reporters that require
240		-	a child welfare services referral Safety assessments for
241		-	reports made by mandated reporters.
242		-	(a) When a report is made by a mandated reporter to the
243		-	statewide toll-free telephone number established under Section
244		-	7.6 of this Act and there is a prior indicated report of abuse
245		-	or neglect, or there is a prior open service case involving any
246		-	member of the household, the Department must, at a minimum,
247		-	accept the report as a child welfare services referral. If the
248		-	family refuses to cooperate or refuses access to the home or
249		-	children, then a child protective services investigation shall
250		-	be initiated if the facts otherwise meet the criteria to
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253		-	accept a report.
254		-	As used in this Section, "child welfare services referral"
255		-	means an assessment of the family for service needs and
256		-	linkage to available local community resources for the purpose
257		-	of preventing or remedying or assisting in the solution of
258		-	problems which may result in the neglect, abuse, exploitation,
259		-	or delinquency of children, and as further defined in
260		-	Department rules and procedures.
261		-	As used in this Section, "prior open service case" means a
262		-	case in which the Department has provided services to the
263		-	family either directly or through a purchase of service
264		-	agency.
265		-	(b) One year after the effective date of this amendatory
266		-	Act of the 101st General Assembly, the Auditor General shall
267		-	commence a performance audit of the Department of Children and
268		-	Family Services to determine whether the Department is meeting
269		-	the requirements of this Section. Within 2 years after the
270		-	audit's release, the Auditor General shall commence a
271		-	follow-up performance audit to determine whether the
272		-	Department has implemented the recommendations contained in
273		-	the initial performance audit. Upon completion of each audit,
274		-	the Auditor General shall report its findings to the General
275		-	Assembly. The Auditor General's reports shall include any
276		-	issues or deficiencies and recommendations. The audits
277		-	required by this Section shall be in accordance with and
278		-	subject to the Illinois State Auditing Act.
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281		-	(Source: P.A. 101-237, eff. 1-1-20.)
282		-	(325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
283		-	Sec. 7.4. (a) The Department shall be capable of receiving
284		-	reports of suspected child abuse or neglect 24 hours a day, 7
285		-	days a week. Whenever the Department receives a report
286		-	alleging that a child is a truant as defined in Section 26-2a
287		-	of the School Code, as now or hereafter amended, the
288		-	Department shall notify the superintendent of the school
289		-	district in which the child resides and the appropriate
290		-	superintendent of the educational service region. The
291		-	notification to the appropriate officials by the Department
292		-	shall not be considered an allegation of abuse or neglect
293		-	under this Act.
294		-	(a-5) The Department of Children and Family Services may
295		-	implement a "differential response program" in accordance with
296		-	criteria, standards, and procedures prescribed by rule. The
297		-	program may provide that, upon receiving a report, the
298		-	Department shall determine whether to conduct a family
299		-	assessment or an investigation as appropriate to prevent or
300		-	provide a remedy for child abuse or neglect.
301		-	For purposes of this subsection (a-5), "family assessment"
302		-	means a comprehensive assessment of child safety, risk of
303		-	subsequent child maltreatment, and family strengths and needs
304		-	that is applied to a child maltreatment report that does not
305		-	allege substantial child endangerment. "Family assessment"
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	142	+	1 advise the Department and its related contractors in the
	143	+	2 development and implementation of the safety-based child
	144	+	3 welfare intervention system child endangerment risk assessment
	145	+	4 protocol, related training, method for demonstration of
	146	+	5 proficiency in application of the safety-based child welfare
	147	+	6 intervention system protocol, and evaluation of the
	148	+	7 reliability and validity of the safety-based child welfare
	149	+	8 intervention system protocol. The Department shall develop the
	150	+	9 safety-based child welfare intervention system protocol,
	151	+	10 training curriculum, method for demonstration of proficiency
	152	+	11 in application of the safety-based child welfare intervention
	153	+	12 system, protocol and method for evaluation of the reliability
	154	+	13 and validity of the safety-based child welfare intervention
	155	+	14 system protocol by July 1, 1995. Training and demonstration of
	156	+	15 proficiency in application of the safety-based child welfare
	157	+	16 intervention system child endangerment risk assessment
	158	+	17 protocol for all child protective investigators and
	159	+	18 supervisors and child welfare specialists and supervisors
	160	+	19 shall be completed as soon as practicable, but no later than
	161	+	20 January 1, 1996. The Department shall submit to the General
	162	+	21 Assembly on or before December 31, 2026 May 1, 1996, and every
	163	+	22 year thereafter, an annual report on the evaluation of the
	164	+	23 reliability and validity of the safety-based child welfare
	165	+	24 intervention system child endangerment risk assessment
	166	+	25 protocol. The Department shall contract with a not for profit
	167	+	26 organization with demonstrated expertise in the field of
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307	169
308		-	does not include a determination as to whether child
309		-	maltreatment occurred but does determine the need for services
310		-	to address the safety of family members and the risk of
311		-	subsequent maltreatment.
312		-	For purposes of this subsection (a-5), "investigation"
313		-	means fact-gathering related to the current safety of a child
314		-	and the risk of subsequent abuse or neglect that determines
315		-	whether a report of suspected child abuse or neglect should be
316		-	indicated or unfounded and whether child protective services
317		-	are needed.
318		-	Under the "differential response program" implemented
319		-	under this subsection (a-5), the Department:
320		-	(1) Shall conduct an investigation on reports
321		-	involving substantial child abuse or neglect.
322		-	(2) Shall begin an immediate investigation if, at any
323		-	time when it is using a family assessment response, it
324		-	determines that there is reason to believe that
325		-	substantial child abuse or neglect or a serious threat to
326		-	the child's safety exists.
327		-	(3) May conduct a family assessment for reports that
328		-	do not allege substantial child endangerment. In
329		-	determining that a family assessment is appropriate, the
330		-	Department may consider issues, including, but not limited
331		-	to, child safety, parental cooperation, and the need for
332		-	an immediate response.
333		-	(4) Shall promulgate criteria, standards, and
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335	171
336		-	procedures that shall be applied in making this
337		-	determination, taking into consideration the Safety-Based
338		-	Child Welfare Intervention System Child Endangerment Risk
339		-	Assessment Protocol of the Department.
340		-	(5) May conduct a family assessment on a report that
341		-	was initially screened and assigned for an investigation.
342		-	In determining that a complete investigation is not
343		-	required, the Department must document the reason for
344		-	terminating the investigation and notify the local law
345		-	enforcement agency or the Illinois State Police if the local
346		-	law enforcement agency or Illinois State Police is conducting
347		-	a joint investigation.
348		-	Once it is determined that a "family assessment" will be
349		-	implemented, the case shall not be reported to the central
350		-	register of abuse and neglect reports.
351		-	During a family assessment, the Department shall collect
352		-	any available and relevant information to determine child
353		-	safety, risk of subsequent abuse or neglect, and family
354		-	strengths.
355		-	Information collected includes, but is not limited to,
356		-	when relevant: information with regard to the person reporting
357		-	the alleged abuse or neglect, including the nature of the
358		-	reporter's relationship to the child and to the alleged
359		-	offender, and the basis of the reporter's knowledge for the
360		-	report; the child allegedly being abused or neglected; the
361		-	alleged offender; the child's caretaker; and other collateral
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362	174
363	175
364		-	sources having relevant information related to the alleged
365		-	abuse or neglect. Information relevant to the assessment must
366		-	be asked for, and may include:
367		-	(A) The child's sex and age, prior reports of abuse or
368		-	neglect, information relating to developmental
369		-	functioning, credibility of the child's statement, and
370		-	whether the information provided under this paragraph (A)
371		-	is consistent with other information collected during the
372		-	course of the assessment or investigation.
373		-	(B) The alleged offender's age, a record check for
374		-	prior reports of abuse or neglect, and criminal charges
375		-	and convictions. The alleged offender may submit
376		-	supporting documentation relevant to the assessment.
377		-	(C) Collateral source information regarding the
378		-	alleged abuse or neglect and care of the child. Collateral
379		-	information includes, when relevant: (i) a medical
380		-	examination of the child; (ii) prior medical records
381		-	relating to the alleged maltreatment or care of the child
382		-	maintained by any facility, clinic, or health care
383		-	professional, and an interview with the treating
384		-	professionals; and (iii) interviews with the child's
385		-	caretakers, including the child's parent, guardian, foster
386		-	parent, child care provider, teachers, counselors, family
387		-	members, relatives, and other persons who may have
388		-	knowledge regarding the alleged maltreatment and the care
389		-	of the child.
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	178	+	1 safety-based child welfare intervention child endangerment
	179	+	2 risk assessment to assist in the development and
	180	+	3 implementation of the safety-based child welfare intervention
	181	+	4 system child endangerment risk assessment protocol, related
	182	+	5 training, method for demonstration of proficiency in
	183	+	6 application of the safety-based child welfare intervention
	184	+	7 system protocol, and evaluation of the reliability and
	185	+	8 validity of the safety-based child welfare intervention system
	186	+	9 protocol.
	187	+	10 (f) The Department shall provide each parent or guardian
	188	+	11 and responsible adult caregiver participating in a safety plan
	189	+	12 a copy of the written safety plan as signed by each parent or
	190	+	13 guardian and responsible adult caregiver and by a
	191	+	14 representative of the Department. The Department shall also
	192	+	15 provide each parent or guardian and responsible adult
	193	+	16 caregiver safety plan information on their rights and
	194	+	17 responsibilities that shall include, but need not be limited
	195	+	18 to, information on how to obtain medical care, emergency phone
	196	+	19 numbers, and information on how to notify schools or day care
	197	+	20 providers as appropriate. The Department's representative
	198	+	21 shall ensure that the safety plan is reviewed and approved by
	199	+	22 the child protection supervisor.
	200	+	23 (Source: P.A. 98-830, eff. 1-1-15.)
	201	+	24 Section 10. The Advisory Commission on Reducing the
	202	+	25 Disproportionate Representation of African-American Children
390	203
391	204
392		-	(D) Information on the existence of domestic abuse and
393		-	violence in the home of the child, and substance abuse.
394		-	Nothing in this subsection (a-5) precludes the Department
395		-	from collecting other relevant information necessary to
396		-	conduct the assessment or investigation. Nothing in this
397		-	subsection (a-5) shall be construed to allow the name or
398		-	identity of a reporter to be disclosed in violation of the
399		-	protections afforded under Section 7.19 of this Act.
400		-	After conducting the family assessment, the Department
401		-	shall determine whether services are needed to address the
402		-	safety of the child and other family members and the risk of
403		-	subsequent abuse or neglect.
404		-	Upon completion of the family assessment, if the
405		-	Department concludes that no services shall be offered, then
406		-	the case shall be closed. If the Department concludes that
407		-	services shall be offered, the Department shall develop a
408		-	family preservation plan and offer or refer services to the
409		-	family.
410		-	At any time during a family assessment, if the Department
411		-	believes there is any reason to stop the assessment and
412		-	conduct an investigation based on the information discovered,
413		-	the Department shall do so.
414		-	The procedures available to the Department in conducting
415		-	investigations under this Act shall be followed as appropriate
416		-	during a family assessment.
417		-	If the Department implements a differential response
418	205
419	206
420		-	program authorized under this subsection (a-5), the Department
421		-	shall arrange for an independent evaluation of the program for
422		-	at least the first 3 years of implementation to determine
423		-	whether it is meeting the goals in accordance with Section 2 of
424		-	this Act.
425		-	The Department may adopt administrative rules necessary
426		-	for the execution of this Section, in accordance with Section
427		-	4 of the Children and Family Services Act.
428		-	The Department shall submit a report to the General
429		-	Assembly by January 15, 2018 on the implementation progress
430		-	and recommendations for additional needed legislative changes.
431		-	(b)(1) The following procedures shall be followed in the
432		-	investigation of all reports of suspected abuse or neglect of
433		-	a child, except as provided in subsection (c) of this Section.
434		-	(2) If, during a family assessment authorized by
435		-	subsection (a-5) or an investigation, it appears that the
436		-	immediate safety or well-being of a child is endangered, that
437		-	the family may flee or the child disappear, or that the facts
438		-	otherwise so warrant, the Child Protective Service Unit shall
439		-	commence an investigation immediately, regardless of the time
440		-	of day or night. All other investigations shall be commenced
441		-	within 24 hours of receipt of the report. Upon receipt of a
442		-	report, the Child Protective Service Unit shall conduct a
443		-	family assessment authorized by subsection (a-5) or begin an
444		-	initial investigation and make an initial determination
445		-	whether the report is a good faith indication of alleged child
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446	209
447	210
448		-	abuse or neglect.
449		-	(3) Based on an initial investigation, if the Unit
450		-	determines the report is a good faith indication of alleged
451		-	child abuse or neglect, then a formal investigation shall
452		-	commence and, pursuant to Section 7.12 of this Act, may or may
453		-	not result in an indicated report. The formal investigation
454		-	shall include: direct contact with the subject or subjects of
455		-	the report as soon as possible after the report is received; an
456		-	evaluation of the environment of the child named in the report
457		-	and any other children in the same environment; a
458		-	determination of the risk to such children if they continue to
459		-	remain in the existing environments, as well as a
460		-	determination of the nature, extent and cause of any condition
461		-	enumerated in such report; the name, age and condition of
462		-	other children in the environment; and an evaluation as to
463		-	whether there would be an immediate and urgent necessity to
464		-	remove the child from the environment if appropriate family
465		-	preservation services were provided. After seeing to the
466		-	safety of the child or children, the Department shall
467		-	forthwith notify the subjects of the report in writing, of the
468		-	existence of the report and their rights existing under this
469		-	Act in regard to amendment or expungement. To fulfill the
470		-	requirements of this Section, the Child Protective Service
471		-	Unit shall have the capability of providing or arranging for
472		-	comprehensive emergency services to children and families at
473		-	all times of the day or night.
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	213	+	1 in Foster Care Act is amended by changing Section 10 as
	214	+	2 follows:
	215	+	3 (20 ILCS 4104/10)
	216	+	4 Sec. 10. Advisory Commission on Reducing the
	217	+	5 Disproportionate Representation of African-American Children
	218	+	6 in Foster Care.
	219	+	7 (a) The Advisory Commission on Reducing the
	220	+	8 Disproportionate Representation of African-American Children
	221	+	9 in Foster Care is created and shall have the following
	222	+	10 appointed members:
	223	+	11 (1) One member appointed by the Governor or his of her
	224	+	12 designee.
	225	+	13 (2) One member appointed by the Speaker of the House
	226	+	14 of Representatives or his or her designee.
	227	+	15 (3) One member appointed by the Minority Leader of the
	228	+	16 House of Representatives or his or her designee.
	229	+	17 (4) One member appointed by the President of the
	230	+	18 Senate or his or her designee.
	231	+	19 (5) One member appointed by the Minority Leader of the
	232	+	20 Senate or his or her designee.
	233	+	21 (6) The Department on Aging, the Department of
	234	+	22 Children and Family Services, the Department of Human
	235	+	23 Services, the Department of Juvenile Justice, the
	236	+	24 Department of Commerce and Economic Opportunity, the
	237	+	25 Department of Healthcare and Family Services, the
474	238
475	239
476		-	(4) If (i) at the conclusion of the Unit's initial
477		-	investigation of a report, the Unit determines the report to
478		-	be a good faith indication of alleged child abuse or neglect
479		-	that warrants a formal investigation by the Unit, the
480		-	Department, any law enforcement agency or any other
481		-	responsible agency and (ii) the person who is alleged to have
482		-	caused the abuse or neglect is employed or otherwise engaged
483		-	in an activity resulting in frequent contact with children and
484		-	the alleged abuse or neglect are in the course of such
485		-	employment or activity, then the Department shall, except in
486		-	investigations where the Director determines that such
487		-	notification would be detrimental to the Department's
488		-	investigation, inform the appropriate supervisor or
489		-	administrator of that employment or activity that the Unit has
490		-	commenced a formal investigation pursuant to this Act, which
491		-	may or may not result in an indicated report. The Department
492		-	shall also notify the person being investigated, unless the
493		-	Director determines that such notification would be
494		-	detrimental to the Department's investigation.
495		-	(c) In an investigation of a report of suspected abuse or
496		-	neglect of a child by a school employee at a school or on
497		-	school grounds, the Department shall make reasonable efforts
498		-	to follow the following procedures:
499		-	(1) Investigations involving teachers shall not, to
500		-	the extent possible, be conducted when the teacher is
501		-	scheduled to conduct classes. Investigations involving
502	240
503	241
504		-	other school employees shall be conducted so as to
505		-	minimize disruption of the school day. The school employee
506		-	accused of child abuse or neglect may have his superior,
507		-	his association or union representative and his attorney
508		-	present at any interview or meeting at which the teacher
509		-	or administrator is present. The accused school employee
510		-	shall be informed by a representative of the Department,
511		-	at any interview or meeting, of the accused school
512		-	employee's due process rights and of the steps in the
513		-	investigation process. These due process rights shall also
514		-	include the right of the school employee to present
515		-	countervailing evidence regarding the accusations. In an
516		-	investigation in which the alleged perpetrator of abuse or
517		-	neglect is a school employee, including, but not limited
518		-	to, a school teacher or administrator, and the
519		-	recommendation is to determine the report to be indicated,
520		-	in addition to other procedures as set forth and defined
521		-	in Department rules and procedures, the employee's due
522		-	process rights shall also include: (i) the right to a copy
523		-	of the investigation summary; (ii) the right to review the
524		-	specific allegations which gave rise to the investigation;
525		-	and (iii) the right to an administrator's teleconference
526		-	which shall be convened to provide the school employee
527		-	with the opportunity to present documentary evidence or
528		-	other information that supports his or her position and to
529		-	provide information before a final finding is entered.
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530	244
531	245
532		-	(2) If a report of neglect or abuse of a child by a
533		-	teacher or administrator does not involve allegations of
534		-	sexual abuse or extreme physical abuse, the Child
535		-	Protective Service Unit shall make reasonable efforts to
536		-	conduct the initial investigation in coordination with the
537		-	employee's supervisor.
538		-	If the Unit determines that the report is a good faith
539		-	indication of potential child abuse or neglect, it shall
540		-	then commence a formal investigation under paragraph (3)
541		-	of subsection (b) of this Section.
542		-	(3) If a report of neglect or abuse of a child by a
543		-	teacher or administrator involves an allegation of sexual
544		-	abuse or extreme physical abuse, the Child Protective Unit
545		-	shall commence an investigation under paragraph (2) of
546		-	subsection (b) of this Section.
547		-	(c-5) In any instance in which a report is made or caused
548		-	to made by a school district employee involving the conduct of
549		-	a person employed by the school district, at the time the
550		-	report was made, as required under Section 4 of this Act, the
551		-	Child Protective Service Unit shall send a copy of its final
552		-	finding report to the general superintendent of that school
553		-	district.
554		-	(c-10) The Department may recommend that a school district
555		-	remove a school employee who is the subject of an
556		-	investigation from his or her employment position pending the
557		-	outcome of the investigation; however, all employment
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	247	+	SB0375 Enrolled - 8 - LRB103 02782 KTG 47788 b
	248	+	1 Department of Public Health, the State Board of Education,
	249	+	2 the Board of Higher Education, the Illinois Community
	250	+	3 College Board, the Department of Human Rights, the Capital
	251	+	4 Development Board, the Department of Corrections, and the
	252	+	5 Department of Labor shall each appoint a liaison to serve
	253	+	6 ex officio on the Commission.
	254	+	7 (7) One member from the Task Force on Strengthening
	255	+	8 Child Welfare Workforce for Children and Families.
	256	+	9 (8) One member from the Safety-Based Child Welfare
	257	+	10 Intervention Child Endangerment Risk Assessment Protocol
	258	+	11 Advisory Committee.
	259	+	12 (9) Two members representing nonprofit organizations
	260	+	13 that advocate for African-American children or youth to be
	261	+	14 appointed by the Governor or his or her designee.
	262	+	15 (b) The Governor or his or her designee shall appoint the
	263	+	16 chairperson or chairpersons.
	264	+	17 (c) Each member appointed to the Commission shall have a
	265	+	18 working knowledge of Illinois' child welfare system. The
	266	+	19 members shall reflect regional representation to ensure that
	267	+	20 the needs of African-American families and children throughout
	268	+	21 the State of Illinois are met.
	269	+	22 (d) Members shall be appointed within 60 days after the
	270	+	23 effective date of this Act. The Advisory Commission shall hold
	271	+	24 its initial meetings within 60 days after at least 50% of the
	272	+	25 members have been appointed.
	273	+	26 (e) Vacancies on the Advisory Commission shall be filled
558	274
559	275
560		-	decisions regarding school personnel shall be the sole
561		-	responsibility of the school district or employer. The
562		-	Department may not require a school district to remove a
563		-	school employee from his or her employment position or limit
564		-	the school employee's duties pending the outcome of an
565		-	investigation.
566		-	(d) If the Department has contact with an employer, or
567		-	with a religious institution or religious official having
568		-	supervisory or hierarchical authority over a member of the
569		-	clergy accused of the abuse of a child, in the course of its
570		-	investigation, the Department shall notify the employer or the
571		-	religious institution or religious official, in writing, when
572		-	a report is unfounded so that any record of the investigation
573		-	can be expunged from the employee's or member of the clergy's
574		-	personnel or other records. The Department shall also notify
575		-	the employee or the member of the clergy, in writing, that
576		-	notification has been sent to the employer or to the
577		-	appropriate religious institution or religious official
578		-	informing the employer or religious institution or religious
579		-	official that the Department's investigation has resulted in
580		-	an unfounded report.
581		-	(d-1) Whenever a report alleges that a child was abused or
582		-	neglected while receiving care in a hospital, including a
583		-	freestanding psychiatric hospital licensed by the Department
584		-	of Public Health, the Department shall send a copy of its final
585		-	finding to the Director of Public Health and the Director of
586	276
587	277
588		-	Healthcare and Family Services.
589		-	(e) Upon request by the Department, the Illinois State
590		-	Police and law enforcement agencies are authorized to provide
591		-	criminal history record information as defined in the Illinois
592		-	Uniform Conviction Information Act and information maintained
593		-	in the adjudicatory and dispositional record system as defined
594		-	in Section 2605-355 of the Illinois State Police Law to
595		-	properly designated employees of the Department of Children
596		-	and Family Services if the Department determines the
597		-	information is necessary to perform its duties under the
598		-	Abused and Neglected Child Reporting Act, the Child Care Act
599		-	of 1969, and the Children and Family Services Act. The request
600		-	shall be in the form and manner required by the Illinois State
601		-	Police. Any information obtained by the Department of Children
602		-	and Family Services under this Section is confidential and may
603		-	not be transmitted outside the Department of Children and
604		-	Family Services other than to a court of competent
605		-	jurisdiction or unless otherwise authorized by law. Any
606		-	employee of the Department of Children and Family Services who
607		-	transmits confidential information in violation of this
608		-	Section or causes the information to be transmitted in
609		-	violation of this Section is guilty of a Class A misdemeanor
610		-	unless the transmittal of the information is authorized by
611		-	this Section or otherwise authorized by law.
612		-	(f) For purposes of this Section, "child abuse or neglect"
613		-	includes abuse or neglect of an adult resident as defined in
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614	280
615	281
616		-	this Act.
617		-	(Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)
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	284	+	1 in the same manner as initial appointments. Appointments to
	285	+	2 fill vacancies occurring before the expiration of a term shall
	286	+	3 be for the remainder of the unexpired term. Members shall
	287	+	4 serve without compensation but may be reimbursed for actual
	288	+	5 necessary expenses incurred in the performance of their
	289	+	6 duties.
	290	+	7 (f) The Department of Children and Family Services shall
	291	+	8 provide administrative support to the Advisory Commission.
	292	+	9 (Source: P.A. 102-470, eff. 8-20-21.)
	293	+	10 Section 15. The Abused and Neglected Child Reporting Act
	294	+	11 is amended by changing Sections 7.01 and 7.4 as follows:
	295	+	12 (325 ILCS 5/7.01)
	296	+	13 Sec. 7.01. Reports made by mandated reporters that require
	297	+	14 a child welfare services referral Safety assessments for
	298	+	15 reports made by mandated reporters.
	299	+	16 (a) When a report is made by a mandated reporter to the
	300	+	17 statewide toll-free telephone number established under Section
	301	+	18 7.6 of this Act and there is a prior indicated report of abuse
	302	+	19 or neglect, or there is a prior open service case involving any
	303	+	20 member of the household, the Department must, at a minimum,
	304	+	21 accept the report as a child welfare services referral. If the
	305	+	22 family refuses to cooperate or refuses access to the home or
	306	+	23 children, then a child protective services investigation shall
	307	+	24 be initiated if the facts otherwise meet the criteria to
	308	+
	309	+
	310	+
	311	+
	312	+
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	314	+
	315	+
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	318	+	1 accept a report.
	319	+	2 As used in this Section, "child welfare services referral"
	320	+	3 means an assessment of the family for service needs and
	321	+	4 linkage to available local community resources for the purpose
	322	+	5 of preventing or remedying or assisting in the solution of
	323	+	6 problems which may result in the neglect, abuse, exploitation,
	324	+	7 or delinquency of children, and as further defined in
	325	+	8 Department rules and procedures.
	326	+	9 As used in this Section, "prior open service case" means a
	327	+	10 case in which the Department has provided services to the
	328	+	11 family either directly or through a purchase of service
	329	+	12 agency.
	330	+	13 (b) One year after the effective date of this amendatory
	331	+	14 Act of the 101st General Assembly, the Auditor General shall
	332	+	15 commence a performance audit of the Department of Children and
	333	+	16 Family Services to determine whether the Department is meeting
	334	+	17 the requirements of this Section. Within 2 years after the
	335	+	18 audit's release, the Auditor General shall commence a
	336	+	19 follow-up performance audit to determine whether the
	337	+	20 Department has implemented the recommendations contained in
	338	+	21 the initial performance audit. Upon completion of each audit,
	339	+	22 the Auditor General shall report its findings to the General
	340	+	23 Assembly. The Auditor General's reports shall include any
	341	+	24 issues or deficiencies and recommendations. The audits
	342	+	25 required by this Section shall be in accordance with and
	343	+	26 subject to the Illinois State Auditing Act.
	344	+
	345	+
	346	+
	347	+
	348	+
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	350	+
	351	+
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	354	+	1 (Source: P.A. 101-237, eff. 1-1-20.)
	355	+	2 (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
	356	+	3 Sec. 7.4. (a) The Department shall be capable of receiving
	357	+	4 reports of suspected child abuse or neglect 24 hours a day, 7
	358	+	5 days a week. Whenever the Department receives a report
	359	+	6 alleging that a child is a truant as defined in Section 26-2a
	360	+	7 of the School Code, as now or hereafter amended, the
	361	+	8 Department shall notify the superintendent of the school
	362	+	9 district in which the child resides and the appropriate
	363	+	10 superintendent of the educational service region. The
	364	+	11 notification to the appropriate officials by the Department
	365	+	12 shall not be considered an allegation of abuse or neglect
	366	+	13 under this Act.
	367	+	14 (a-5) The Department of Children and Family Services may
	368	+	15 implement a "differential response program" in accordance with
	369	+	16 criteria, standards, and procedures prescribed by rule. The
	370	+	17 program may provide that, upon receiving a report, the
	371	+	18 Department shall determine whether to conduct a family
	372	+	19 assessment or an investigation as appropriate to prevent or
	373	+	20 provide a remedy for child abuse or neglect.
	374	+	21 For purposes of this subsection (a-5), "family assessment"
	375	+	22 means a comprehensive assessment of child safety, risk of
	376	+	23 subsequent child maltreatment, and family strengths and needs
	377	+	24 that is applied to a child maltreatment report that does not
	378	+	25 allege substantial child endangerment. "Family assessment"
	379	+
	380	+
	381	+
	382	+
	383	+
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	388	+	SB0375 Enrolled - 12 - LRB103 02782 KTG 47788 b
	389	+	1 does not include a determination as to whether child
	390	+	2 maltreatment occurred but does determine the need for services
	391	+	3 to address the safety of family members and the risk of
	392	+	4 subsequent maltreatment.
	393	+	5 For purposes of this subsection (a-5), "investigation"
	394	+	6 means fact-gathering related to the current safety of a child
	395	+	7 and the risk of subsequent abuse or neglect that determines
	396	+	8 whether a report of suspected child abuse or neglect should be
	397	+	9 indicated or unfounded and whether child protective services
	398	+	10 are needed.
	399	+	11 Under the "differential response program" implemented
	400	+	12 under this subsection (a-5), the Department:
	401	+	13 (1) Shall conduct an investigation on reports
	402	+	14 involving substantial child abuse or neglect.
	403	+	15 (2) Shall begin an immediate investigation if, at any
	404	+	16 time when it is using a family assessment response, it
	405	+	17 determines that there is reason to believe that
	406	+	18 substantial child abuse or neglect or a serious threat to
	407	+	19 the child's safety exists.
	408	+	20 (3) May conduct a family assessment for reports that
	409	+	21 do not allege substantial child endangerment. In
	410	+	22 determining that a family assessment is appropriate, the
	411	+	23 Department may consider issues, including, but not limited
	412	+	24 to, child safety, parental cooperation, and the need for
	413	+	25 an immediate response.
	414	+	26 (4) Shall promulgate criteria, standards, and
	415	+
	416	+
	417	+
	418	+
	419	+
	420	+	SB0375 Enrolled - 12 - LRB103 02782 KTG 47788 b
	421	+
	422	+
	423	+	SB0375 Enrolled- 13 -LRB103 02782 KTG 47788 b SB0375 Enrolled - 13 - LRB103 02782 KTG 47788 b
	424	+	SB0375 Enrolled - 13 - LRB103 02782 KTG 47788 b
	425	+	1 procedures that shall be applied in making this
	426	+	2 determination, taking into consideration the Safety-Based
	427	+	3 Child Welfare Intervention System Child Endangerment Risk
	428	+	4 Assessment Protocol of the Department.
	429	+	5 (5) May conduct a family assessment on a report that
	430	+	6 was initially screened and assigned for an investigation.
	431	+	7 In determining that a complete investigation is not
	432	+	8 required, the Department must document the reason for
	433	+	9 terminating the investigation and notify the local law
	434	+	10 enforcement agency or the Illinois State Police if the local
	435	+	11 law enforcement agency or Illinois State Police is conducting
	436	+	12 a joint investigation.
	437	+	13 Once it is determined that a "family assessment" will be
	438	+	14 implemented, the case shall not be reported to the central
	439	+	15 register of abuse and neglect reports.
	440	+	16 During a family assessment, the Department shall collect
	441	+	17 any available and relevant information to determine child
	442	+	18 safety, risk of subsequent abuse or neglect, and family
	443	+	19 strengths.
	444	+	20 Information collected includes, but is not limited to,
	445	+	21 when relevant: information with regard to the person reporting
	446	+	22 the alleged abuse or neglect, including the nature of the
	447	+	23 reporter's relationship to the child and to the alleged
	448	+	24 offender, and the basis of the reporter's knowledge for the
	449	+	25 report; the child allegedly being abused or neglected; the
	450	+	26 alleged offender; the child's caretaker; and other collateral
	451	+
	452	+
	453	+
	454	+
	455	+
	456	+	SB0375 Enrolled - 13 - LRB103 02782 KTG 47788 b
	457	+
	458	+
	459	+	SB0375 Enrolled- 14 -LRB103 02782 KTG 47788 b SB0375 Enrolled - 14 - LRB103 02782 KTG 47788 b
	460	+	SB0375 Enrolled - 14 - LRB103 02782 KTG 47788 b
	461	+	1 sources having relevant information related to the alleged
	462	+	2 abuse or neglect. Information relevant to the assessment must
	463	+	3 be asked for, and may include:
	464	+	4 (A) The child's sex and age, prior reports of abuse or
	465	+	5 neglect, information relating to developmental
	466	+	6 functioning, credibility of the child's statement, and
	467	+	7 whether the information provided under this paragraph (A)
	468	+	8 is consistent with other information collected during the
	469	+	9 course of the assessment or investigation.
	470	+	10 (B) The alleged offender's age, a record check for
	471	+	11 prior reports of abuse or neglect, and criminal charges
	472	+	12 and convictions. The alleged offender may submit
	473	+	13 supporting documentation relevant to the assessment.
	474	+	14 (C) Collateral source information regarding the
	475	+	15 alleged abuse or neglect and care of the child. Collateral
	476	+	16 information includes, when relevant: (i) a medical
	477	+	17 examination of the child; (ii) prior medical records
	478	+	18 relating to the alleged maltreatment or care of the child
	479	+	19 maintained by any facility, clinic, or health care
	480	+	20 professional, and an interview with the treating
	481	+	21 professionals; and (iii) interviews with the child's
	482	+	22 caretakers, including the child's parent, guardian, foster
	483	+	23 parent, child care provider, teachers, counselors, family
	484	+	24 members, relatives, and other persons who may have
	485	+	25 knowledge regarding the alleged maltreatment and the care
	486	+	26 of the child.
	487	+
	488	+
	489	+
	490	+
	491	+
	492	+	SB0375 Enrolled - 14 - LRB103 02782 KTG 47788 b
	493	+
	494	+
	495	+	SB0375 Enrolled- 15 -LRB103 02782 KTG 47788 b SB0375 Enrolled - 15 - LRB103 02782 KTG 47788 b
	496	+	SB0375 Enrolled - 15 - LRB103 02782 KTG 47788 b
	497	+	1 (D) Information on the existence of domestic abuse and
	498	+	2 violence in the home of the child, and substance abuse.
	499	+	3 Nothing in this subsection (a-5) precludes the Department
	500	+	4 from collecting other relevant information necessary to
	501	+	5 conduct the assessment or investigation. Nothing in this
	502	+	6 subsection (a-5) shall be construed to allow the name or
	503	+	7 identity of a reporter to be disclosed in violation of the
	504	+	8 protections afforded under Section 7.19 of this Act.
	505	+	9 After conducting the family assessment, the Department
	506	+	10 shall determine whether services are needed to address the
	507	+	11 safety of the child and other family members and the risk of
	508	+	12 subsequent abuse or neglect.
	509	+	13 Upon completion of the family assessment, if the
	510	+	14 Department concludes that no services shall be offered, then
	511	+	15 the case shall be closed. If the Department concludes that
	512	+	16 services shall be offered, the Department shall develop a
	513	+	17 family preservation plan and offer or refer services to the
	514	+	18 family.
	515	+	19 At any time during a family assessment, if the Department
	516	+	20 believes there is any reason to stop the assessment and
	517	+	21 conduct an investigation based on the information discovered,
	518	+	22 the Department shall do so.
	519	+	23 The procedures available to the Department in conducting
	520	+	24 investigations under this Act shall be followed as appropriate
	521	+	25 during a family assessment.
	522	+	26 If the Department implements a differential response
	523	+
	524	+
	525	+
	526	+
	527	+
	528	+	SB0375 Enrolled - 15 - LRB103 02782 KTG 47788 b
	529	+
	530	+
	531	+	SB0375 Enrolled- 16 -LRB103 02782 KTG 47788 b SB0375 Enrolled - 16 - LRB103 02782 KTG 47788 b
	532	+	SB0375 Enrolled - 16 - LRB103 02782 KTG 47788 b
	533	+	1 program authorized under this subsection (a-5), the Department
	534	+	2 shall arrange for an independent evaluation of the program for
	535	+	3 at least the first 3 years of implementation to determine
	536	+	4 whether it is meeting the goals in accordance with Section 2 of
	537	+	5 this Act.
	538	+	6 The Department may adopt administrative rules necessary
	539	+	7 for the execution of this Section, in accordance with Section
	540	+	8 4 of the Children and Family Services Act.
	541	+	9 The Department shall submit a report to the General
	542	+	10 Assembly by January 15, 2018 on the implementation progress
	543	+	11 and recommendations for additional needed legislative changes.
	544	+	12 (b)(1) The following procedures shall be followed in the
	545	+	13 investigation of all reports of suspected abuse or neglect of
	546	+	14 a child, except as provided in subsection (c) of this Section.
	547	+	15 (2) If, during a family assessment authorized by
	548	+	16 subsection (a-5) or an investigation, it appears that the
	549	+	17 immediate safety or well-being of a child is endangered, that
	550	+	18 the family may flee or the child disappear, or that the facts
	551	+	19 otherwise so warrant, the Child Protective Service Unit shall
	552	+	20 commence an investigation immediately, regardless of the time
	553	+	21 of day or night. All other investigations shall be commenced
	554	+	22 within 24 hours of receipt of the report. Upon receipt of a
	555	+	23 report, the Child Protective Service Unit shall conduct a
	556	+	24 family assessment authorized by subsection (a-5) or begin an
	557	+	25 initial investigation and make an initial determination
	558	+	26 whether the report is a good faith indication of alleged child
	559	+
	560	+
	561	+
	562	+
	563	+
	564	+	SB0375 Enrolled - 16 - LRB103 02782 KTG 47788 b
	565	+
	566	+
	567	+	SB0375 Enrolled- 17 -LRB103 02782 KTG 47788 b SB0375 Enrolled - 17 - LRB103 02782 KTG 47788 b
	568	+	SB0375 Enrolled - 17 - LRB103 02782 KTG 47788 b
	569	+	1 abuse or neglect.
	570	+	2 (3) Based on an initial investigation, if the Unit
	571	+	3 determines the report is a good faith indication of alleged
	572	+	4 child abuse or neglect, then a formal investigation shall
	573	+	5 commence and, pursuant to Section 7.12 of this Act, may or may
	574	+	6 not result in an indicated report. The formal investigation
	575	+	7 shall include: direct contact with the subject or subjects of
	576	+	8 the report as soon as possible after the report is received; an
	577	+	9 evaluation of the environment of the child named in the report
	578	+	10 and any other children in the same environment; a
	579	+	11 determination of the risk to such children if they continue to
	580	+	12 remain in the existing environments, as well as a
	581	+	13 determination of the nature, extent and cause of any condition
	582	+	14 enumerated in such report; the name, age and condition of
	583	+	15 other children in the environment; and an evaluation as to
	584	+	16 whether there would be an immediate and urgent necessity to
	585	+	17 remove the child from the environment if appropriate family
	586	+	18 preservation services were provided. After seeing to the
	587	+	19 safety of the child or children, the Department shall
	588	+	20 forthwith notify the subjects of the report in writing, of the
	589	+	21 existence of the report and their rights existing under this
	590	+	22 Act in regard to amendment or expungement. To fulfill the
	591	+	23 requirements of this Section, the Child Protective Service
	592	+	24 Unit shall have the capability of providing or arranging for
	593	+	25 comprehensive emergency services to children and families at
	594	+	26 all times of the day or night.
	595	+
	596	+
	597	+
	598	+
	599	+
	600	+	SB0375 Enrolled - 17 - LRB103 02782 KTG 47788 b
	601	+
	602	+
	603	+	SB0375 Enrolled- 18 -LRB103 02782 KTG 47788 b SB0375 Enrolled - 18 - LRB103 02782 KTG 47788 b
	604	+	SB0375 Enrolled - 18 - LRB103 02782 KTG 47788 b
	605	+	1 (4) If (i) at the conclusion of the Unit's initial
	606	+	2 investigation of a report, the Unit determines the report to
	607	+	3 be a good faith indication of alleged child abuse or neglect
	608	+	4 that warrants a formal investigation by the Unit, the
	609	+	5 Department, any law enforcement agency or any other
	610	+	6 responsible agency and (ii) the person who is alleged to have
	611	+	7 caused the abuse or neglect is employed or otherwise engaged
	612	+	8 in an activity resulting in frequent contact with children and
	613	+	9 the alleged abuse or neglect are in the course of such
	614	+	10 employment or activity, then the Department shall, except in
	615	+	11 investigations where the Director determines that such
	616	+	12 notification would be detrimental to the Department's
	617	+	13 investigation, inform the appropriate supervisor or
	618	+	14 administrator of that employment or activity that the Unit has
	619	+	15 commenced a formal investigation pursuant to this Act, which
	620	+	16 may or may not result in an indicated report. The Department
	621	+	17 shall also notify the person being investigated, unless the
	622	+	18 Director determines that such notification would be
	623	+	19 detrimental to the Department's investigation.
	624	+	20 (c) In an investigation of a report of suspected abuse or
	625	+	21 neglect of a child by a school employee at a school or on
	626	+	22 school grounds, the Department shall make reasonable efforts
	627	+	23 to follow the following procedures:
	628	+	24 (1) Investigations involving teachers shall not, to
	629	+	25 the extent possible, be conducted when the teacher is
	630	+	26 scheduled to conduct classes. Investigations involving
	631	+
	632	+
	633	+
	634	+
	635	+
	636	+	SB0375 Enrolled - 18 - LRB103 02782 KTG 47788 b
	637	+
	638	+
	639	+	SB0375 Enrolled- 19 -LRB103 02782 KTG 47788 b SB0375 Enrolled - 19 - LRB103 02782 KTG 47788 b
	640	+	SB0375 Enrolled - 19 - LRB103 02782 KTG 47788 b
	641	+	1 other school employees shall be conducted so as to
	642	+	2 minimize disruption of the school day. The school employee
	643	+	3 accused of child abuse or neglect may have his superior,
	644	+	4 his association or union representative and his attorney
	645	+	5 present at any interview or meeting at which the teacher
	646	+	6 or administrator is present. The accused school employee
	647	+	7 shall be informed by a representative of the Department,
	648	+	8 at any interview or meeting, of the accused school
	649	+	9 employee's due process rights and of the steps in the
	650	+	10 investigation process. These due process rights shall also
	651	+	11 include the right of the school employee to present
	652	+	12 countervailing evidence regarding the accusations. In an
	653	+	13 investigation in which the alleged perpetrator of abuse or
	654	+	14 neglect is a school employee, including, but not limited
	655	+	15 to, a school teacher or administrator, and the
	656	+	16 recommendation is to determine the report to be indicated,
	657	+	17 in addition to other procedures as set forth and defined
	658	+	18 in Department rules and procedures, the employee's due
	659	+	19 process rights shall also include: (i) the right to a copy
	660	+	20 of the investigation summary; (ii) the right to review the
	661	+	21 specific allegations which gave rise to the investigation;
	662	+	22 and (iii) the right to an administrator's teleconference
	663	+	23 which shall be convened to provide the school employee
	664	+	24 with the opportunity to present documentary evidence or
	665	+	25 other information that supports his or her position and to
	666	+	26 provide information before a final finding is entered.
	667	+
	668	+
	669	+
	670	+
	671	+
	672	+	SB0375 Enrolled - 19 - LRB103 02782 KTG 47788 b
	673	+
	674	+
	675	+	SB0375 Enrolled- 20 -LRB103 02782 KTG 47788 b SB0375 Enrolled - 20 - LRB103 02782 KTG 47788 b
	676	+	SB0375 Enrolled - 20 - LRB103 02782 KTG 47788 b
	677	+	1 (2) If a report of neglect or abuse of a child by a
	678	+	2 teacher or administrator does not involve allegations of
	679	+	3 sexual abuse or extreme physical abuse, the Child
	680	+	4 Protective Service Unit shall make reasonable efforts to
	681	+	5 conduct the initial investigation in coordination with the
	682	+	6 employee's supervisor.
	683	+	7 If the Unit determines that the report is a good faith
	684	+	8 indication of potential child abuse or neglect, it shall
	685	+	9 then commence a formal investigation under paragraph (3)
	686	+	10 of subsection (b) of this Section.
	687	+	11 (3) If a report of neglect or abuse of a child by a
	688	+	12 teacher or administrator involves an allegation of sexual
	689	+	13 abuse or extreme physical abuse, the Child Protective Unit
	690	+	14 shall commence an investigation under paragraph (2) of
	691	+	15 subsection (b) of this Section.
	692	+	16 (c-5) In any instance in which a report is made or caused
	693	+	17 to made by a school district employee involving the conduct of
	694	+	18 a person employed by the school district, at the time the
	695	+	19 report was made, as required under Section 4 of this Act, the
	696	+	20 Child Protective Service Unit shall send a copy of its final
	697	+	21 finding report to the general superintendent of that school
	698	+	22 district.
	699	+	23 (c-10) The Department may recommend that a school district
	700	+	24 remove a school employee who is the subject of an
	701	+	25 investigation from his or her employment position pending the
	702	+	26 outcome of the investigation; however, all employment
	703	+
	704	+
	705	+
	706	+
	707	+
	708	+	SB0375 Enrolled - 20 - LRB103 02782 KTG 47788 b
	709	+
	710	+
	711	+	SB0375 Enrolled- 21 -LRB103 02782 KTG 47788 b SB0375 Enrolled - 21 - LRB103 02782 KTG 47788 b
	712	+	SB0375 Enrolled - 21 - LRB103 02782 KTG 47788 b
	713	+	1 decisions regarding school personnel shall be the sole
	714	+	2 responsibility of the school district or employer. The
	715	+	3 Department may not require a school district to remove a
	716	+	4 school employee from his or her employment position or limit
	717	+	5 the school employee's duties pending the outcome of an
	718	+	6 investigation.
	719	+	7 (d) If the Department has contact with an employer, or
	720	+	8 with a religious institution or religious official having
	721	+	9 supervisory or hierarchical authority over a member of the
	722	+	10 clergy accused of the abuse of a child, in the course of its
	723	+	11 investigation, the Department shall notify the employer or the
	724	+	12 religious institution or religious official, in writing, when
	725	+	13 a report is unfounded so that any record of the investigation
	726	+	14 can be expunged from the employee's or member of the clergy's
	727	+	15 personnel or other records. The Department shall also notify
	728	+	16 the employee or the member of the clergy, in writing, that
	729	+	17 notification has been sent to the employer or to the
	730	+	18 appropriate religious institution or religious official
	731	+	19 informing the employer or religious institution or religious
	732	+	20 official that the Department's investigation has resulted in
	733	+	21 an unfounded report.
	734	+	22 (d-1) Whenever a report alleges that a child was abused or
	735	+	23 neglected while receiving care in a hospital, including a
	736	+	24 freestanding psychiatric hospital licensed by the Department
	737	+	25 of Public Health, the Department shall send a copy of its final
	738	+	26 finding to the Director of Public Health and the Director of
	739	+
	740	+
	741	+
	742	+
	743	+
	744	+	SB0375 Enrolled - 21 - LRB103 02782 KTG 47788 b
	745	+
	746	+
	747	+	SB0375 Enrolled- 22 -LRB103 02782 KTG 47788 b SB0375 Enrolled - 22 - LRB103 02782 KTG 47788 b
	748	+	SB0375 Enrolled - 22 - LRB103 02782 KTG 47788 b
	749	+	1 Healthcare and Family Services.
	750	+	2 (e) Upon request by the Department, the Illinois State
	751	+	3 Police and law enforcement agencies are authorized to provide
	752	+	4 criminal history record information as defined in the Illinois
	753	+	5 Uniform Conviction Information Act and information maintained
	754	+	6 in the adjudicatory and dispositional record system as defined
	755	+	7 in Section 2605-355 of the Illinois State Police Law to
	756	+	8 properly designated employees of the Department of Children
	757	+	9 and Family Services if the Department determines the
	758	+	10 information is necessary to perform its duties under the
	759	+	11 Abused and Neglected Child Reporting Act, the Child Care Act
	760	+	12 of 1969, and the Children and Family Services Act. The request
	761	+	13 shall be in the form and manner required by the Illinois State
	762	+	14 Police. Any information obtained by the Department of Children
	763	+	15 and Family Services under this Section is confidential and may
	764	+	16 not be transmitted outside the Department of Children and
	765	+	17 Family Services other than to a court of competent
	766	+	18 jurisdiction or unless otherwise authorized by law. Any
	767	+	19 employee of the Department of Children and Family Services who
	768	+	20 transmits confidential information in violation of this
	769	+	21 Section or causes the information to be transmitted in
	770	+	22 violation of this Section is guilty of a Class A misdemeanor
	771	+	23 unless the transmittal of the information is authorized by
	772	+	24 this Section or otherwise authorized by law.
	773	+	25 (f) For purposes of this Section, "child abuse or neglect"
	774	+	26 includes abuse or neglect of an adult resident as defined in
	775	+
	776	+
	777	+
	778	+
	779	+
	780	+	SB0375 Enrolled - 22 - LRB103 02782 KTG 47788 b
	781	+
	782	+
	783	+	SB0375 Enrolled- 23 -LRB103 02782 KTG 47788 b SB0375 Enrolled - 23 - LRB103 02782 KTG 47788 b
	784	+	SB0375 Enrolled - 23 - LRB103 02782 KTG 47788 b
	785	+	1 this Act.
	786	+	2 (Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)
	787	+
	788	+
	789	+
	790	+
	791	+
	792	+	SB0375 Enrolled - 23 - LRB103 02782 KTG 47788 b