Public Act 103-0460
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AN ACT concerning children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Children and Family Services Act is amended
by changing Section 21 as follows:
(20 ILCS 505/21) (from Ch. 23, par. 5021)
Sec. 21. Investigative powers; training.
(a) To make such investigations as it may deem necessary
to the performance of its duties.
(b) In the course of any such investigation any qualified
person authorized by the Director may administer oaths and
secure by its subpoena both the attendance and testimony of
witnesses and the production of books and papers relevant to
such investigation. Any person who is served with a subpoena
by the Department to appear and testify or to produce books and
papers, in the course of an investigation authorized by law,
and who refuses or neglects to appear, or to testify, or to
produce books and papers relevant to such investigation, as
commanded in such subpoena, shall be guilty of a Class B
misdemeanor. The fees of witnesses for attendance and travel
shall be the same as the fees of witnesses before the circuit
courts of this State. Any circuit court of this State, upon
application of the person requesting the hearing or the
SB0375 Enrolled LRB103 02782 KTG 47788 b
Department, may compel the attendance of witnesses, the
production of books and papers, and giving of testimony before
the Department or before any authorized officer or employee
thereof, by an attachment for contempt or otherwise, in the
same manner as production of evidence may be compelled before
such court. Every person who, having taken an oath or made
affirmation before the Department or any authorized officer or
employee thereof, shall willfully swear or affirm falsely,
shall be guilty of perjury and upon conviction shall be
punished accordingly.
(c) Investigations initiated under this Section shall
provide individuals due process of law, including the right to
a hearing, to cross-examine witnesses, to obtain relevant
documents, and to present evidence. Administrative findings
shall be subject to the provisions of the Administrative
Review Law.
(d) Beginning July 1, 1988, any child protective
investigator or supervisor or child welfare specialist or
supervisor employed by the Department on the effective date of
this amendatory Act of 1987 shall have completed a training
program which shall be instituted by the Department. The
training program shall include, but not be limited to, the
following: (1) training in the detection of symptoms of child
neglect and drug abuse; (2) specialized training for dealing
with families and children of drug abusers; and (3) specific
training in child development, family dynamics and interview
techniques. Such program shall conform to the criteria and
curriculum developed under Section 4 of the Child Protective
Investigator and Child Welfare Specialist Certification Act of
1987. Failure to complete such training due to lack of
opportunity provided by the Department shall in no way be
grounds for any disciplinary or other action against an
investigator or a specialist.
The Department shall develop a continuous inservice staff
development program and evaluation system. Each child
protective investigator and supervisor and child welfare
specialist and supervisor shall participate in such program
and evaluation and shall complete a minimum of 20 hours of
inservice education and training every 2 years in order to
maintain certification.
Any child protective investigator or child protective
supervisor, or child welfare specialist or child welfare
specialist supervisor hired by the Department who begins his
actual employment after the effective date of this amendatory
Act of 1987, shall be certified pursuant to the Child
Protective Investigator and Child Welfare Specialist
Certification Act of 1987 before he begins such employment.
Nothing in this Act shall replace or diminish the rights of
employees under the Illinois Public Labor Relations Act, as
amended, or the National Labor Relations Act. In the event of
any conflict between either of those Acts, or any collective
bargaining agreement negotiated thereunder, and the provisions
of subsections (d) and (e), the former shall prevail and
control.
(e) The Department shall develop and implement the
following:
(1) A safety-based child welfare intervention system
standardized child endangerment risk assessment protocol.
(2) Related training procedures.
(3) A standardized method for demonstration of
proficiency in application of the safety-based child
welfare intervention system protocol.
(4) An evaluation of the reliability and validity of
the safety-based child welfare intervention system
protocol.
All child protective investigators and supervisors and child
welfare specialists and supervisors employed by the Department
or its contractors shall be required, subsequent to the
availability of training under this Act, to demonstrate
proficiency in application of the safety-based child welfare
intervention system protocol previous to being permitted to
make safety decisions about the degree of risk posed to
children for whom they are responsible. The Department shall
establish a multi-disciplinary advisory committee appointed by
the Director, including but not limited to representatives
from the fields of child development, domestic violence,
family systems, juvenile justice, law enforcement, health
care, mental health, substance abuse, and social service to
advise the Department and its related contractors in the
development and implementation of the safety-based child
welfare intervention system child endangerment risk assessment
protocol, related training, method for demonstration of
proficiency in application of the safety-based child welfare
intervention system protocol, and evaluation of the
reliability and validity of the safety-based child welfare
intervention system protocol. The Department shall develop the
safety-based child welfare intervention system protocol,
training curriculum, method for demonstration of proficiency
in application of the safety-based child welfare intervention
system, protocol and method for evaluation of the reliability
and validity of the safety-based child welfare intervention
system protocol by July 1, 1995. Training and demonstration of
proficiency in application of the safety-based child welfare
intervention system child endangerment risk assessment
protocol for all child protective investigators and
supervisors and child welfare specialists and supervisors
shall be completed as soon as practicable, but no later than
January 1, 1996. The Department shall submit to the General
Assembly on or before December 31, 2026 May 1, 1996, and every
year thereafter, an annual report on the evaluation of the
reliability and validity of the safety-based child welfare
intervention system child endangerment risk assessment
protocol. The Department shall contract with a not for profit
organization with demonstrated expertise in the field of
safety-based child welfare intervention child endangerment
risk assessment to assist in the development and
implementation of the safety-based child welfare intervention
system child endangerment risk assessment protocol, related
training, method for demonstration of proficiency in
application of the safety-based child welfare intervention
system protocol, and evaluation of the reliability and
validity of the safety-based child welfare intervention system
protocol.
(f) The Department shall provide each parent or guardian
and responsible adult caregiver participating in a safety plan
a copy of the written safety plan as signed by each parent or
guardian and responsible adult caregiver and by a
representative of the Department. The Department shall also
provide each parent or guardian and responsible adult
caregiver safety plan information on their rights and
responsibilities that shall include, but need not be limited
to, information on how to obtain medical care, emergency phone
numbers, and information on how to notify schools or day care
providers as appropriate. The Department's representative
shall ensure that the safety plan is reviewed and approved by
the child protection supervisor.
(Source: P.A. 98-830, eff. 1-1-15.)
Section 10. The Advisory Commission on Reducing the
Disproportionate Representation of African-American Children
in Foster Care Act is amended by changing Section 10 as
follows:
(20 ILCS 4104/10)
Sec. 10. Advisory Commission on Reducing the
Disproportionate Representation of African-American Children
in Foster Care.
(a) The Advisory Commission on Reducing the
Disproportionate Representation of African-American Children
in Foster Care is created and shall have the following
appointed members:
(1) One member appointed by the Governor or his of her
designee.
(2) One member appointed by the Speaker of the House
of Representatives or his or her designee.
(3) One member appointed by the Minority Leader of the
House of Representatives or his or her designee.
(4) One member appointed by the President of the
Senate or his or her designee.
(5) One member appointed by the Minority Leader of the
Senate or his or her designee.
(6) The Department on Aging, the Department of
Children and Family Services, the Department of Human
Services, the Department of Juvenile Justice, the
Department of Commerce and Economic Opportunity, the
Department of Healthcare and Family Services, the
Department of Public Health, the State Board of Education,
the Board of Higher Education, the Illinois Community
College Board, the Department of Human Rights, the Capital
Development Board, the Department of Corrections, and the
Department of Labor shall each appoint a liaison to serve
ex officio on the Commission.
(7) One member from the Task Force on Strengthening
Child Welfare Workforce for Children and Families.
(8) One member from the Safety-Based Child Welfare
Intervention Child Endangerment Risk Assessment Protocol
Advisory Committee.
(9) Two members representing nonprofit organizations
that advocate for African-American children or youth to be
appointed by the Governor or his or her designee.
(b) The Governor or his or her designee shall appoint the
chairperson or chairpersons.
(c) Each member appointed to the Commission shall have a
working knowledge of Illinois' child welfare system. The
members shall reflect regional representation to ensure that
the needs of African-American families and children throughout
the State of Illinois are met.
(d) Members shall be appointed within 60 days after the
effective date of this Act. The Advisory Commission shall hold
its initial meetings within 60 days after at least 50% of the
members have been appointed.
(e) Vacancies on the Advisory Commission shall be filled
in the same manner as initial appointments. Appointments to
fill vacancies occurring before the expiration of a term shall
be for the remainder of the unexpired term. Members shall
serve without compensation but may be reimbursed for actual
necessary expenses incurred in the performance of their
duties.
(f) The Department of Children and Family Services shall
provide administrative support to the Advisory Commission.
(Source: P.A. 102-470, eff. 8-20-21.)
Section 15. The Abused and Neglected Child Reporting Act
is amended by changing Sections 7.01 and 7.4 as follows:
(325 ILCS 5/7.01)
Sec. 7.01. Reports made by mandated reporters that require
a child welfare services referral Safety assessments for
reports made by mandated reporters.
(a) When a report is made by a mandated reporter to the
statewide toll-free telephone number established under Section
7.6 of this Act and there is a prior indicated report of abuse
or neglect, or there is a prior open service case involving any
member of the household, the Department must, at a minimum,
accept the report as a child welfare services referral. If the
family refuses to cooperate or refuses access to the home or
children, then a child protective services investigation shall
be initiated if the facts otherwise meet the criteria to
accept a report.
As used in this Section, "child welfare services referral"
means an assessment of the family for service needs and
linkage to available local community resources for the purpose
of preventing or remedying or assisting in the solution of
problems which may result in the neglect, abuse, exploitation,
or delinquency of children, and as further defined in
Department rules and procedures.
As used in this Section, "prior open service case" means a
case in which the Department has provided services to the
family either directly or through a purchase of service
agency.
(b) One year after the effective date of this amendatory
Act of the 101st General Assembly, the Auditor General shall
commence a performance audit of the Department of Children and
Family Services to determine whether the Department is meeting
the requirements of this Section. Within 2 years after the
audit's release, the Auditor General shall commence a
follow-up performance audit to determine whether the
Department has implemented the recommendations contained in
the initial performance audit. Upon completion of each audit,
the Auditor General shall report its findings to the General
Assembly. The Auditor General's reports shall include any
issues or deficiencies and recommendations. The audits
required by this Section shall be in accordance with and
subject to the Illinois State Auditing Act.
(Source: P.A. 101-237, eff. 1-1-20.)
(325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
Sec. 7.4. (a) The Department shall be capable of receiving
reports of suspected child abuse or neglect 24 hours a day, 7
days a week. Whenever the Department receives a report
alleging that a child is a truant as defined in Section 26-2a
of the School Code, as now or hereafter amended, the
Department shall notify the superintendent of the school
district in which the child resides and the appropriate
superintendent of the educational service region. The
notification to the appropriate officials by the Department
shall not be considered an allegation of abuse or neglect
under this Act.
(a-5) The Department of Children and Family Services may
implement a "differential response program" in accordance with
criteria, standards, and procedures prescribed by rule. The
program may provide that, upon receiving a report, the
Department shall determine whether to conduct a family
assessment or an investigation as appropriate to prevent or
provide a remedy for child abuse or neglect.
For purposes of this subsection (a-5), "family assessment"
means a comprehensive assessment of child safety, risk of
subsequent child maltreatment, and family strengths and needs
that is applied to a child maltreatment report that does not
allege substantial child endangerment. "Family assessment"
does not include a determination as to whether child
maltreatment occurred but does determine the need for services
to address the safety of family members and the risk of
subsequent maltreatment.
For purposes of this subsection (a-5), "investigation"
means fact-gathering related to the current safety of a child
and the risk of subsequent abuse or neglect that determines
whether a report of suspected child abuse or neglect should be
indicated or unfounded and whether child protective services
are needed.
Under the "differential response program" implemented
under this subsection (a-5), the Department:
(1) Shall conduct an investigation on reports
involving substantial child abuse or neglect.
(2) Shall begin an immediate investigation if, at any
time when it is using a family assessment response, it
determines that there is reason to believe that
substantial child abuse or neglect or a serious threat to
the child's safety exists.
(3) May conduct a family assessment for reports that
do not allege substantial child endangerment. In
determining that a family assessment is appropriate, the
Department may consider issues, including, but not limited
to, child safety, parental cooperation, and the need for
an immediate response.
(4) Shall promulgate criteria, standards, and
procedures that shall be applied in making this
determination, taking into consideration the Safety-Based
Child Welfare Intervention System Child Endangerment Risk
Assessment Protocol of the Department.
(5) May conduct a family assessment on a report that
was initially screened and assigned for an investigation.
In determining that a complete investigation is not
required, the Department must document the reason for
terminating the investigation and notify the local law
enforcement agency or the Illinois State Police if the local
law enforcement agency or Illinois State Police is conducting
a joint investigation.
Once it is determined that a "family assessment" will be
implemented, the case shall not be reported to the central
register of abuse and neglect reports.
During a family assessment, the Department shall collect
any available and relevant information to determine child
safety, risk of subsequent abuse or neglect, and family
strengths.
Information collected includes, but is not limited to,
when relevant: information with regard to the person reporting
the alleged abuse or neglect, including the nature of the
reporter's relationship to the child and to the alleged
offender, and the basis of the reporter's knowledge for the
report; the child allegedly being abused or neglected; the
alleged offender; the child's caretaker; and other collateral
sources having relevant information related to the alleged
abuse or neglect. Information relevant to the assessment must
be asked for, and may include:
(A) The child's sex and age, prior reports of abuse or
neglect, information relating to developmental
functioning, credibility of the child's statement, and
whether the information provided under this paragraph (A)
is consistent with other information collected during the
course of the assessment or investigation.
(B) The alleged offender's age, a record check for
prior reports of abuse or neglect, and criminal charges
and convictions. The alleged offender may submit
supporting documentation relevant to the assessment.
(C) Collateral source information regarding the
alleged abuse or neglect and care of the child. Collateral
information includes, when relevant: (i) a medical
examination of the child; (ii) prior medical records
relating to the alleged maltreatment or care of the child
maintained by any facility, clinic, or health care
professional, and an interview with the treating
professionals; and (iii) interviews with the child's
caretakers, including the child's parent, guardian, foster
parent, child care provider, teachers, counselors, family
members, relatives, and other persons who may have
knowledge regarding the alleged maltreatment and the care
of the child.
(D) Information on the existence of domestic abuse and
violence in the home of the child, and substance abuse.
Nothing in this subsection (a-5) precludes the Department
from collecting other relevant information necessary to
conduct the assessment or investigation. Nothing in this
subsection (a-5) shall be construed to allow the name or
identity of a reporter to be disclosed in violation of the
protections afforded under Section 7.19 of this Act.
After conducting the family assessment, the Department
shall determine whether services are needed to address the
safety of the child and other family members and the risk of
subsequent abuse or neglect.
Upon completion of the family assessment, if the
Department concludes that no services shall be offered, then
the case shall be closed. If the Department concludes that
services shall be offered, the Department shall develop a
family preservation plan and offer or refer services to the
family.
At any time during a family assessment, if the Department
believes there is any reason to stop the assessment and
conduct an investigation based on the information discovered,
the Department shall do so.
The procedures available to the Department in conducting
investigations under this Act shall be followed as appropriate
during a family assessment.
If the Department implements a differential response
program authorized under this subsection (a-5), the Department
shall arrange for an independent evaluation of the program for
at least the first 3 years of implementation to determine
whether it is meeting the goals in accordance with Section 2 of
this Act.
The Department may adopt administrative rules necessary
for the execution of this Section, in accordance with Section
4 of the Children and Family Services Act.
The Department shall submit a report to the General
Assembly by January 15, 2018 on the implementation progress
and recommendations for additional needed legislative changes.
(b)(1) The following procedures shall be followed in the
investigation of all reports of suspected abuse or neglect of
a child, except as provided in subsection (c) of this Section.
(2) If, during a family assessment authorized by
subsection (a-5) or an investigation, it appears that the
immediate safety or well-being of a child is endangered, that
the family may flee or the child disappear, or that the facts
otherwise so warrant, the Child Protective Service Unit shall
commence an investigation immediately, regardless of the time
of day or night. All other investigations shall be commenced
within 24 hours of receipt of the report. Upon receipt of a
report, the Child Protective Service Unit shall conduct a
family assessment authorized by subsection (a-5) or begin an
initial investigation and make an initial determination
whether the report is a good faith indication of alleged child
abuse or neglect.
(3) Based on an initial investigation, if the Unit
determines the report is a good faith indication of alleged
child abuse or neglect, then a formal investigation shall
commence and, pursuant to Section 7.12 of this Act, may or may
not result in an indicated report. The formal investigation
shall include: direct contact with the subject or subjects of
the report as soon as possible after the report is received; an
evaluation of the environment of the child named in the report
and any other children in the same environment; a
determination of the risk to such children if they continue to
remain in the existing environments, as well as a
determination of the nature, extent and cause of any condition
enumerated in such report; the name, age and condition of
other children in the environment; and an evaluation as to
whether there would be an immediate and urgent necessity to
remove the child from the environment if appropriate family
preservation services were provided. After seeing to the
safety of the child or children, the Department shall
forthwith notify the subjects of the report in writing, of the
existence of the report and their rights existing under this
Act in regard to amendment or expungement. To fulfill the
requirements of this Section, the Child Protective Service
Unit shall have the capability of providing or arranging for
comprehensive emergency services to children and families at
all times of the day or night.
(4) If (i) at the conclusion of the Unit's initial
investigation of a report, the Unit determines the report to
be a good faith indication of alleged child abuse or neglect
that warrants a formal investigation by the Unit, the
Department, any law enforcement agency or any other
responsible agency and (ii) the person who is alleged to have
caused the abuse or neglect is employed or otherwise engaged
in an activity resulting in frequent contact with children and
the alleged abuse or neglect are in the course of such
employment or activity, then the Department shall, except in
investigations where the Director determines that such
notification would be detrimental to the Department's
investigation, inform the appropriate supervisor or
administrator of that employment or activity that the Unit has
commenced a formal investigation pursuant to this Act, which
may or may not result in an indicated report. The Department
shall also notify the person being investigated, unless the
Director determines that such notification would be
detrimental to the Department's investigation.
(c) In an investigation of a report of suspected abuse or
neglect of a child by a school employee at a school or on
school grounds, the Department shall make reasonable efforts
to follow the following procedures:
(1) Investigations involving teachers shall not, to
the extent possible, be conducted when the teacher is
scheduled to conduct classes. Investigations involving
other school employees shall be conducted so as to
minimize disruption of the school day. The school employee
accused of child abuse or neglect may have his superior,
his association or union representative and his attorney
present at any interview or meeting at which the teacher
or administrator is present. The accused school employee
shall be informed by a representative of the Department,
at any interview or meeting, of the accused school
employee's due process rights and of the steps in the
investigation process. These due process rights shall also
include the right of the school employee to present
countervailing evidence regarding the accusations. In an
investigation in which the alleged perpetrator of abuse or
neglect is a school employee, including, but not limited
to, a school teacher or administrator, and the
recommendation is to determine the report to be indicated,
in addition to other procedures as set forth and defined
in Department rules and procedures, the employee's due
process rights shall also include: (i) the right to a copy
of the investigation summary; (ii) the right to review the
specific allegations which gave rise to the investigation;
and (iii) the right to an administrator's teleconference
which shall be convened to provide the school employee
with the opportunity to present documentary evidence or
other information that supports his or her position and to
provide information before a final finding is entered.
(2) If a report of neglect or abuse of a child by a
teacher or administrator does not involve allegations of
sexual abuse or extreme physical abuse, the Child
Protective Service Unit shall make reasonable efforts to
conduct the initial investigation in coordination with the
employee's supervisor.
If the Unit determines that the report is a good faith
indication of potential child abuse or neglect, it shall
then commence a formal investigation under paragraph (3)
of subsection (b) of this Section.
(3) If a report of neglect or abuse of a child by a
teacher or administrator involves an allegation of sexual
abuse or extreme physical abuse, the Child Protective Unit
shall commence an investigation under paragraph (2) of
subsection (b) of this Section.
(c-5) In any instance in which a report is made or caused
to made by a school district employee involving the conduct of
a person employed by the school district, at the time the
report was made, as required under Section 4 of this Act, the
Child Protective Service Unit shall send a copy of its final
finding report to the general superintendent of that school
district.
(c-10) The Department may recommend that a school district
remove a school employee who is the subject of an
investigation from his or her employment position pending the
outcome of the investigation; however, all employment
decisions regarding school personnel shall be the sole
responsibility of the school district or employer. The
Department may not require a school district to remove a
school employee from his or her employment position or limit
the school employee's duties pending the outcome of an
investigation.
(d) If the Department has contact with an employer, or
with a religious institution or religious official having
supervisory or hierarchical authority over a member of the
clergy accused of the abuse of a child, in the course of its
investigation, the Department shall notify the employer or the
religious institution or religious official, in writing, when
a report is unfounded so that any record of the investigation
can be expunged from the employee's or member of the clergy's
personnel or other records. The Department shall also notify
the employee or the member of the clergy, in writing, that
notification has been sent to the employer or to the
appropriate religious institution or religious official
informing the employer or religious institution or religious
official that the Department's investigation has resulted in
an unfounded report.
(d-1) Whenever a report alleges that a child was abused or
neglected while receiving care in a hospital, including a
freestanding psychiatric hospital licensed by the Department
of Public Health, the Department shall send a copy of its final
finding to the Director of Public Health and the Director of
Healthcare and Family Services.
(e) Upon request by the Department, the Illinois State
Police and law enforcement agencies are authorized to provide
criminal history record information as defined in the Illinois
Uniform Conviction Information Act and information maintained
in the adjudicatory and dispositional record system as defined
in Section 2605-355 of the Illinois State Police Law to
properly designated employees of the Department of Children
and Family Services if the Department determines the
information is necessary to perform its duties under the
Abused and Neglected Child Reporting Act, the Child Care Act
of 1969, and the Children and Family Services Act. The request
shall be in the form and manner required by the Illinois State
Police. Any information obtained by the Department of Children
and Family Services under this Section is confidential and may
not be transmitted outside the Department of Children and
Family Services other than to a court of competent
jurisdiction or unless otherwise authorized by law. Any
employee of the Department of Children and Family Services who
transmits confidential information in violation of this
Section or causes the information to be transmitted in
violation of this Section is guilty of a Class A misdemeanor
unless the transmittal of the information is authorized by
this Section or otherwise authorized by law.
(f) For purposes of this Section, "child abuse or neglect"
includes abuse or neglect of an adult resident as defined in
this Act.
(Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)