Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2246 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2246 Introduced 2/10/2023, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED: 325 ILCS 5/6 from Ch. 23, par. 2056 325 ILCS 5/7.4 from Ch. 23, par. 2057.4 Sets forth certain protections that must be provided to any subject of an abuse or neglect investigation whenever the Department of Children and Family Services consults with and relies upon the opinion of a medically trained professional as to whether there is evidence of abuse or neglect. Provides that no child or family member of a child who is the subject of an investigation shall be required to submit to additional medical tests, for investigation purposes only, during the investigation. Requires a consulting medical professional who is employed or under contract with the Department to identify himself or herself as a forensic consultant, rather than as a member of the child's treatment team, whenever the individual has direct contact with the child or the family of the child. Provides that the subject of a report shall have the opportunity to submit a second medical opinion as to whether there is evidence of abuse or neglect. Requires the Department to annually prepare and make available on the Department's Reports and Statistics webpage a report on the number of children referred to a consulting medical professional for forensic opinion. Provides that the first report must be posted by March 31, 2024. Sets forth certain data and information that must be contained in the annual report. LRB103 30764 KTG 57248 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2246 Introduced 2/10/2023, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED: 325 ILCS 5/6 from Ch. 23, par. 2056 325 ILCS 5/7.4 from Ch. 23, par. 2057.4 325 ILCS 5/6 from Ch. 23, par. 2056 325 ILCS 5/7.4 from Ch. 23, par. 2057.4 Sets forth certain protections that must be provided to any subject of an abuse or neglect investigation whenever the Department of Children and Family Services consults with and relies upon the opinion of a medically trained professional as to whether there is evidence of abuse or neglect. Provides that no child or family member of a child who is the subject of an investigation shall be required to submit to additional medical tests, for investigation purposes only, during the investigation. Requires a consulting medical professional who is employed or under contract with the Department to identify himself or herself as a forensic consultant, rather than as a member of the child's treatment team, whenever the individual has direct contact with the child or the family of the child. Provides that the subject of a report shall have the opportunity to submit a second medical opinion as to whether there is evidence of abuse or neglect. Requires the Department to annually prepare and make available on the Department's Reports and Statistics webpage a report on the number of children referred to a consulting medical professional for forensic opinion. Provides that the first report must be posted by March 31, 2024. Sets forth certain data and information that must be contained in the annual report. LRB103 30764 KTG 57248 b LRB103 30764 KTG 57248 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2246 Introduced 2/10/2023, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED:
3	3	325 ILCS 5/6 from Ch. 23, par. 2056 325 ILCS 5/7.4 from Ch. 23, par. 2057.4 325 ILCS 5/6 from Ch. 23, par. 2056 325 ILCS 5/7.4 from Ch. 23, par. 2057.4
4	4	325 ILCS 5/6 from Ch. 23, par. 2056
5	5	325 ILCS 5/7.4 from Ch. 23, par. 2057.4
6	6	Sets forth certain protections that must be provided to any subject of an abuse or neglect investigation whenever the Department of Children and Family Services consults with and relies upon the opinion of a medically trained professional as to whether there is evidence of abuse or neglect. Provides that no child or family member of a child who is the subject of an investigation shall be required to submit to additional medical tests, for investigation purposes only, during the investigation. Requires a consulting medical professional who is employed or under contract with the Department to identify himself or herself as a forensic consultant, rather than as a member of the child's treatment team, whenever the individual has direct contact with the child or the family of the child. Provides that the subject of a report shall have the opportunity to submit a second medical opinion as to whether there is evidence of abuse or neglect. Requires the Department to annually prepare and make available on the Department's Reports and Statistics webpage a report on the number of children referred to a consulting medical professional for forensic opinion. Provides that the first report must be posted by March 31, 2024. Sets forth certain data and information that must be contained in the annual report.
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12	12	1 AN ACT concerning children.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. Findings. The General Assembly finds as
16	16	5 follows:
17	17	6 (1) Any case involving allegations of child abuse or
18	18	7 neglect raise the potential for risk of error and trauma if the
19	19	8 determination made at the conclusion of the investigation is
20	20	9 incorrect.
21	21	10 (2) The Department relies on the expertise of medical
22	22	11 professional consultants in order to understand and assess the
23	23	12 validity of hotline calls reporting abuse or neglect. The
24	24	13 Department has established contracts and consultations with
25	25	14 doctors and other medical professionals for the purpose of
26	26	15 obtaining their opinion during child abuse and neglect
27	27	16 investigations conducted throughout Illinois in accordance
28	28	17 with this Act.
29	29	18 (3) Such contracts and consultations, as currently
30	30	19 constituted, include input from law enforcement, county
31	31	20 state's attorneys, and other local agencies. A balance of
32	32	21 consideration of alternative explanations and information from
33	33	22 independent sources has not been developed in Illinois.
34	34	23 Consequently, parents, guardians, and others do not have equal
35	35	24 access and an ability to contribute potentially dispositive
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39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2246 Introduced 2/10/2023, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED:
40	40	325 ILCS 5/6 from Ch. 23, par. 2056 325 ILCS 5/7.4 from Ch. 23, par. 2057.4 325 ILCS 5/6 from Ch. 23, par. 2056 325 ILCS 5/7.4 from Ch. 23, par. 2057.4
41	41	325 ILCS 5/6 from Ch. 23, par. 2056
42	42	325 ILCS 5/7.4 from Ch. 23, par. 2057.4
43	43	Sets forth certain protections that must be provided to any subject of an abuse or neglect investigation whenever the Department of Children and Family Services consults with and relies upon the opinion of a medically trained professional as to whether there is evidence of abuse or neglect. Provides that no child or family member of a child who is the subject of an investigation shall be required to submit to additional medical tests, for investigation purposes only, during the investigation. Requires a consulting medical professional who is employed or under contract with the Department to identify himself or herself as a forensic consultant, rather than as a member of the child's treatment team, whenever the individual has direct contact with the child or the family of the child. Provides that the subject of a report shall have the opportunity to submit a second medical opinion as to whether there is evidence of abuse or neglect. Requires the Department to annually prepare and make available on the Department's Reports and Statistics webpage a report on the number of children referred to a consulting medical professional for forensic opinion. Provides that the first report must be posted by March 31, 2024. Sets forth certain data and information that must be contained in the annual report.
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46	46	A BILL FOR
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72	72	1 information during a child abuse or neglect investigations.
73	73	2 (4) There is extensive controversy over whether medical
74	74	3 conclusions such as "shaken baby syndrome", metaphyseal
75	75	4 fractures, Ehlers Danlos syndrome, rickets and Vitamin D
76	76	5 deficiency, and Munchausen's Syndrome by Proxy are the causes
77	77	6 or contributors to children's reported injuries, symptoms, or
78	78	7 conditions. There are many conditions that mimic child abuse.
79	79	8 Some common beliefs about child abuse being idiopathic to
80	80	9 certain conditions have been shown to be demonstrably false
81	81	10 (such as that a triad of conditions necessarily means that a
82	82	11 child must have been shaken or that the last person with the
83	83	12 child must have been the person who injured the child).
84	84	13 (5) Children with rare diseases and disabilities are
85	85	14 particularly at risk of having medical conditions overlooked
86	86	15 or misunderstood as child abuse.
87	87	16 (6) As a result of these medical misunderstandings and the
88	88	17 lack of up-to-date information grounded in science, innocent
89	89	18 parents have been targeted as child abusers and child
90	90	19 neglectors, and have been imprisoned, fired, or had their
91	91	20 children taken into state custody or their rights of access to
92	92	21 their children restricted whenever a person with the title
93	93	22 "child abuse pediatrician" contends that the parent's child is
94	94	23 abused, even when that opinion is erroneous.
95	95	24 (7) A right as basic as the right to consent to the release
96	96	25 of medical records is not adequately protected in the context
97	97	26 of any hotline call investigation.
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108	108	1 (8) There is currently no limitation on a medical
109	109	2 professional's participation in a child abuse or neglect
110	110	3 investigation even when the medical professional, or the
111	111	4 medical professional's colleague or employment institution,
112	112	5 directly participated in the making of the hotline call that
113	113	6 triggered the abuse or neglect investigation.
114	114	7 (9) The interest of truth in science, common sense, and
115	115	8 justice require that access to objective scientific
116	116	9 information should not be the privilege of one side to a
117	117	10 reasonable dispute as to medical science.
118	118	11 (10) The State of Illinois currently has no system of
119	119	12 independent review of the accuracy of the forensic opinions
120	120	13 rendered by child abuse pediatricians who hold contracts
121	121	14 through child advocacy centers and hospitals.
122	122	15 (11) Parents report being blindsided and misinformed as to
123	123	16 the role of the child abuse pediatrician in many cases,
124	124	17 including ones where no abuse was ultimately found.
125	125	18 (12) News reports by NBC News have highlighted cases in
126	126	19 which grievous errors in medical opinions rendered by child
127	127	20 abuse pediatricians, and relied upon by state agencies during
128	128	21 child abuse and neglect investigations, have led to grave
129	129	22 injustices that could be remedied with modest procedural
130	130	23 protections for the fairness of such investigations.
131	131	24 (13) Doctors take an oath to "first do no harm" but there
132	132	25 is no system in the State of Illinois for redressing and
133	133	26 mitigating the harm to families who have been the victims of
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144	144	1 wrongful child abuse or neglect allegations.
145	145	2 Section 5. The Abused and Neglected Child Reporting Act is
146	146	3 amended by changing Sections 6 and 7.4 as follows:
147	147	4 (325 ILCS 5/6) (from Ch. 23, par. 2056)
148	148	5 Sec. 6. Any person required to investigate cases of
149	149	6 suspected child abuse or neglect may not take or cause to be
150	150	7 taken, at Department expense, color photographs and x-rays of
151	151	8 the child who is the subject of a report, and color photographs
152	152	9 of the physical environment in which the alleged abuse or
153	153	10 neglect has taken place, except if there are exigent
154	154	11 circumstances, or if there is a need for such photographs or
155	155	12 x-rays for emergency treatment of the child, or if the person
156	156	13 responsible for the child's welfare gives consent to the
157	157	14 taking of such photographs or x-rays. The person seeking to
158	158	15 take such photographs or x-rays shall make every reasonable
159	159	16 effort to notify the person responsible for the child's
160	160	17 welfare. The person required to investigate cases of suspected
161	161	18 child abuse or neglect shall not threaten removal of a child or
162	162	19 other legal action if the person reasonable for the child's
163	163	20 welfare refuses to consent to the taking of photographs or
164	164	21 x-rays.
165	165	22 (Source: P.A. 84-611.)
166	166	23 (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
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177	177	1 Sec. 7.4. (a) The Department shall be capable of receiving
178	178	2 reports of suspected child abuse or neglect 24 hours a day, 7
179	179	3 days a week. Whenever the Department receives a report
180	180	4 alleging that a child is a truant as defined in Section 26-2a
181	181	5 of the School Code, as now or hereafter amended, the
182	182	6 Department shall notify the superintendent of the school
183	183	7 district in which the child resides and the appropriate
184	184	8 superintendent of the educational service region. The
185	185	9 notification to the appropriate officials by the Department
186	186	10 shall not be considered an allegation of abuse or neglect
187	187	11 under this Act.
188	188	12 (a-5) The Department of Children and Family Services may
189	189	13 implement a "differential response program" in accordance with
190	190	14 criteria, standards, and procedures prescribed by rule. The
191	191	15 program may provide that, upon receiving a report, the
192	192	16 Department shall determine whether to conduct a family
193	193	17 assessment or an investigation as appropriate to prevent or
194	194	18 provide a remedy for child abuse or neglect.
195	195	19 For purposes of this subsection (a-5), "family assessment"
196	196	20 means a comprehensive assessment of child safety, risk of
197	197	21 subsequent child maltreatment, and family strengths and needs
198	198	22 that is applied to a child maltreatment report that does not
199	199	23 allege substantial child endangerment. "Family assessment"
200	200	24 does not include a determination as to whether child
201	201	25 maltreatment occurred but does determine the need for services
202	202	26 to address the safety of family members and the risk of
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213	213	1 subsequent maltreatment.
214	214	2 For purposes of this subsection (a-5), "investigation"
215	215	3 means fact-gathering related to the current safety of a child
216	216	4 and the risk of subsequent abuse or neglect that determines
217	217	5 whether a report of suspected child abuse or neglect should be
218	218	6 indicated or unfounded and whether child protective services
219	219	7 are needed.
220	220	8 Under the "differential response program" implemented
221	221	9 under this subsection (a-5), the Department:
222	222	10 (1) Shall conduct an investigation on reports
223	223	11 involving substantial child abuse or neglect.
224	224	12 (2) Shall begin an immediate investigation if, at any
225	225	13 time when it is using a family assessment response, it
226	226	14 determines that there is reason to believe that
227	227	15 substantial child abuse or neglect or a serious threat to
228	228	16 the child's safety exists.
229	229	17 (3) May conduct a family assessment for reports that
230	230	18 do not allege substantial child endangerment. In
231	231	19 determining that a family assessment is appropriate, the
232	232	20 Department may consider issues, including, but not limited
233	233	21 to, child safety, parental cooperation, and the need for
234	234	22 an immediate response.
235	235	23 (4) Shall promulgate criteria, standards, and
236	236	24 procedures that shall be applied in making this
237	237	25 determination, taking into consideration the Child
238	238	26 Endangerment Risk Assessment Protocol of the Department.
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249	249	1 (5) May conduct a family assessment on a report that
250	250	2 was initially screened and assigned for an investigation.
251	251	3 In determining that a complete investigation is not
252	252	4 required, the Department must document the reason for
253	253	5 terminating the investigation and notify the local law
254	254	6 enforcement agency or the Illinois State Police if the local
255	255	7 law enforcement agency or Illinois State Police is conducting
256	256	8 a joint investigation.
257	257	9 Once it is determined that a "family assessment" will be
258	258	10 implemented, the case shall not be reported to the central
259	259	11 register of abuse and neglect reports.
260	260	12 During a family assessment, the Department shall collect
261	261	13 any available and relevant information to determine child
262	262	14 safety, risk of subsequent abuse or neglect, and family
263	263	15 strengths.
264	264	16 Information collected includes, but is not limited to,
265	265	17 when relevant: information with regard to the person reporting
266	266	18 the alleged abuse or neglect, including the nature of the
267	267	19 reporter's relationship to the child and to the alleged
268	268	20 offender, and the basis of the reporter's knowledge for the
269	269	21 report; the child allegedly being abused or neglected; the
270	270	22 alleged offender; the child's caretaker; and other collateral
271	271	23 sources having relevant information related to the alleged
272	272	24 abuse or neglect. Information relevant to the assessment must
273	273	25 be asked for, and may include:
274	274	26 (A) The child's sex and age, prior reports of abuse or
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285	285	1 neglect, information relating to developmental
286	286	2 functioning, credibility of the child's statement, and
287	287	3 whether the information provided under this paragraph (A)
288	288	4 is consistent with other information collected during the
289	289	5 course of the assessment or investigation.
290	290	6 (B) The alleged offender's age, a record check for
291	291	7 prior reports of abuse or neglect, and criminal charges
292	292	8 and convictions. The alleged offender may submit
293	293	9 supporting documentation relevant to the assessment.
294	294	10 (C) Collateral source information regarding the
295	295	11 alleged abuse or neglect and care of the child. Collateral
296	296	12 information includes, when relevant: (i) a medical
297	297	13 examination of the child; (ii) prior medical records
298	298	14 relating to the alleged maltreatment or care of the child
299	299	15 maintained by any facility, clinic, or health care
300	300	16 professional, and an interview with the treating
301	301	17 professionals; and (iii) interviews with the child's
302	302	18 caretakers, including the child's parent, guardian, foster
303	303	19 parent, child care provider, teachers, counselors, family
304	304	20 members, relatives, and other persons who may have
305	305	21 knowledge regarding the alleged maltreatment and the care
306	306	22 of the child.
307	307	23 (D) Information on the existence of domestic abuse and
308	308	24 violence in the home of the child, and substance abuse.
309	309	25 Nothing in this subsection (a-5) precludes the Department
310	310	26 from collecting other relevant information necessary to
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321	321	1 conduct the assessment or investigation. Nothing in this
322	322	2 subsection (a-5) shall be construed to allow the name or
323	323	3 identity of a reporter to be disclosed in violation of the
324	324	4 protections afforded under Section 7.19 of this Act.
325	325	5 After conducting the family assessment, the Department
326	326	6 shall determine whether services are needed to address the
327	327	7 safety of the child and other family members and the risk of
328	328	8 subsequent abuse or neglect.
329	329	9 Upon completion of the family assessment, if the
330	330	10 Department concludes that no services shall be offered, then
331	331	11 the case shall be closed. If the Department concludes that
332	332	12 services shall be offered, the Department shall develop a
333	333	13 family preservation plan and offer or refer services to the
334	334	14 family.
335	335	15 At any time during a family assessment, if the Department
336	336	16 believes there is any reason to stop the assessment and
337	337	17 conduct an investigation based on the information discovered,
338	338	18 the Department shall do so.
339	339	19 The procedures available to the Department in conducting
340	340	20 investigations under this Act shall be followed as appropriate
341	341	21 during a family assessment.
342	342	22 If the Department implements a differential response
343	343	23 program authorized under this subsection (a-5), the Department
344	344	24 shall arrange for an independent evaluation of the program for
345	345	25 at least the first 3 years of implementation to determine
346	346	26 whether it is meeting the goals in accordance with Section 2 of
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357	357	1 this Act.
358	358	2 The Department may adopt administrative rules necessary
359	359	3 for the execution of this Section, in accordance with Section
360	360	4 4 of the Children and Family Services Act.
361	361	5 The Department shall submit a report to the General
362	362	6 Assembly by January 15, 2018 on the implementation progress
363	363	7 and recommendations for additional needed legislative changes.
364	364	8 (b)(1) The following procedures shall be followed in the
365	365	9 investigation of all reports of suspected abuse or neglect of
366	366	10 a child, except as provided in subsection (c) of this Section.
367	367	11 (2) If, during a family assessment authorized by
368	368	12 subsection (a-5) or an investigation, it appears that the
369	369	13 immediate safety or well-being of a child is endangered, that
370	370	14 the family may flee or the child disappear, or that the facts
371	371	15 otherwise so warrant, the Child Protective Service Unit shall
372	372	16 commence an investigation immediately, regardless of the time
373	373	17 of day or night. All other investigations shall be commenced
374	374	18 within 24 hours of receipt of the report. Upon receipt of a
375	375	19 report, the Child Protective Service Unit shall conduct a
376	376	20 family assessment authorized by subsection (a-5) or begin an
377	377	21 initial investigation and make an initial determination
378	378	22 whether the report is a good faith indication of alleged child
379	379	23 abuse or neglect.
380	380	24 (3) Based on an initial investigation, if the Unit
381	381	25 determines the report is a good faith indication of alleged
382	382	26 child abuse or neglect, then a formal investigation shall
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393	393	1 commence and, pursuant to Section 7.12 of this Act, may or may
394	394	2 not result in an indicated report. The formal investigation
395	395	3 shall include: direct contact with the subject or subjects of
396	396	4 the report as soon as possible after the report is received; an
397	397	5 evaluation of the environment of the child named in the report
398	398	6 and any other children in the same environment; a
399	399	7 determination of the risk to such children if they continue to
400	400	8 remain in the existing environments, as well as a
401	401	9 determination of the nature, extent and cause of any condition
402	402	10 enumerated in such report; the name, age and condition of
403	403	11 other children in the environment; and an evaluation as to
404	404	12 whether there would be an immediate and urgent necessity to
405	405	13 remove the child from the environment if appropriate family
406	406	14 preservation services were provided. After seeing to the
407	407	15 safety of the child or children, the Department shall
408	408	16 forthwith notify the subjects of the report in writing, of the
409	409	17 existence of the report and their rights existing under this
410	410	18 Act in regard to amendment or expungement. To fulfill the
411	411	19 requirements of this Section, the Child Protective Service
412	412	20 Unit shall have the capability of providing or arranging for
413	413	21 comprehensive emergency services to children and families at
414	414	22 all times of the day or night.
415	415	23 (4) If (i) at the conclusion of the Unit's initial
416	416	24 investigation of a report, the Unit determines the report to
417	417	25 be a good faith indication of alleged child abuse or neglect
418	418	26 that warrants a formal investigation by the Unit, the
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429	429	1 Department, any law enforcement agency or any other
430	430	2 responsible agency and (ii) the person who is alleged to have
431	431	3 caused the abuse or neglect is employed or otherwise engaged
432	432	4 in an activity resulting in frequent contact with children and
433	433	5 the alleged abuse or neglect are in the course of such
434	434	6 employment or activity, then the Department shall, except in
435	435	7 investigations where the Director determines that such
436	436	8 notification would be detrimental to the Department's
437	437	9 investigation, inform the appropriate supervisor or
438	438	10 administrator of that employment or activity that the Unit has
439	439	11 commenced a formal investigation pursuant to this Act, which
440	440	12 may or may not result in an indicated report. The Department
441	441	13 shall also notify the person being investigated, unless the
442	442	14 Director determines that such notification would be
443	443	15 detrimental to the Department's investigation.
444	444	16 (c) In an investigation of a report of suspected abuse or
445	445	17 neglect of a child by a school employee at a school or on
446	446	18 school grounds, the Department shall make reasonable efforts
447	447	19 to follow the following procedures:
448	448	20 (1) Investigations involving teachers shall not, to
449	449	21 the extent possible, be conducted when the teacher is
450	450	22 scheduled to conduct classes. Investigations involving
451	451	23 other school employees shall be conducted so as to
452	452	24 minimize disruption of the school day. The school employee
453	453	25 accused of child abuse or neglect may have his superior,
454	454	26 his association or union representative and his attorney
455	455
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465	465	1 present at any interview or meeting at which the teacher
466	466	2 or administrator is present. The accused school employee
467	467	3 shall be informed by a representative of the Department,
468	468	4 at any interview or meeting, of the accused school
469	469	5 employee's due process rights and of the steps in the
470	470	6 investigation process. These due process rights shall also
471	471	7 include the right of the school employee to present
472	472	8 countervailing evidence regarding the accusations. In an
473	473	9 investigation in which the alleged perpetrator of abuse or
474	474	10 neglect is a school employee, including, but not limited
475	475	11 to, a school teacher or administrator, and the
476	476	12 recommendation is to determine the report to be indicated,
477	477	13 in addition to other procedures as set forth and defined
478	478	14 in Department rules and procedures, the employee's due
479	479	15 process rights shall also include: (i) the right to a copy
480	480	16 of the investigation summary; (ii) the right to review the
481	481	17 specific allegations which gave rise to the investigation;
482	482	18 and (iii) the right to an administrator's teleconference
483	483	19 which shall be convened to provide the school employee
484	484	20 with the opportunity to present documentary evidence or
485	485	21 other information that supports his or her position and to
486	486	22 provide information before a final finding is entered.
487	487	23 (2) If a report of neglect or abuse of a child by a
488	488	24 teacher or administrator does not involve allegations of
489	489	25 sexual abuse or extreme physical abuse, the Child
490	490	26 Protective Service Unit shall make reasonable efforts to
491	491
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501	501	1 conduct the initial investigation in coordination with the
502	502	2 employee's supervisor.
503	503	3 If the Unit determines that the report is a good faith
504	504	4 indication of potential child abuse or neglect, it shall
505	505	5 then commence a formal investigation under paragraph (3)
506	506	6 of subsection (b) of this Section.
507	507	7 (3) If a report of neglect or abuse of a child by a
508	508	8 teacher or administrator involves an allegation of sexual
509	509	9 abuse or extreme physical abuse, the Child Protective Unit
510	510	10 shall commence an investigation under paragraph (2) of
511	511	11 subsection (b) of this Section.
512	512	12 (c-5) In any instance in which a report is made or caused
513	513	13 to made by a school district employee involving the conduct of
514	514	14 a person employed by the school district, at the time the
515	515	15 report was made, as required under Section 4 of this Act, the
516	516	16 Child Protective Service Unit shall send a copy of its final
517	517	17 finding report to the general superintendent of that school
518	518	18 district.
519	519	19 (c-10) The Department may recommend that a school district
520	520	20 remove a school employee who is the subject of an
521	521	21 investigation from his or her employment position pending the
522	522	22 outcome of the investigation; however, all employment
523	523	23 decisions regarding school personnel shall be the sole
524	524	24 responsibility of the school district or employer. The
525	525	25 Department may not require a school district to remove a
526	526	26 school employee from his or her employment position or limit
527	527
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530	530
531	531
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537	537	1 the school employee's duties pending the outcome of an
538	538	2 investigation.
539	539	3 (d) If the Department has contact with an employer, or
540	540	4 with a religious institution or religious official having
541	541	5 supervisory or hierarchical authority over a member of the
542	542	6 clergy accused of the abuse of a child, in the course of its
543	543	7 investigation, the Department shall notify the employer or the
544	544	8 religious institution or religious official, in writing, when
545	545	9 a report is unfounded so that any record of the investigation
546	546	10 can be expunged from the employee's or member of the clergy's
547	547	11 personnel or other records. The Department shall also notify
548	548	12 the employee or the member of the clergy, in writing, that
549	549	13 notification has been sent to the employer or to the
550	550	14 appropriate religious institution or religious official
551	551	15 informing the employer or religious institution or religious
552	552	16 official that the Department's investigation has resulted in
553	553	17 an unfounded report.
554	554	18 (d-1) Whenever a report alleges that a child was abused or
555	555	19 neglected while receiving care in a hospital, including a
556	556	20 freestanding psychiatric hospital licensed by the Department
557	557	21 of Public Health, the Department shall send a copy of its final
558	558	22 finding to the Director of Public Health and the Director of
559	559	23 Healthcare and Family Services.
560	560	24 (d-2) In any investigation conducted in accordance with
561	561	25 this Act during which the Department consults with and relies
562	562	26 upon a medically trained professional as to whether abuse or
563	563
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573	573	1 neglect is considered likely, to a reasonable degree of
574	574	2 medical certainty, the following protections shall be provided
575	575	3 to any subject of the investigation:
576	576	4 (A) No child or family member of a child who is the
577	577	5 subject of an investigation shall be required to submit to
578	578	6 additional medical tests, for investigation purposes only,
579	579	7 during the investigation. The risks associated with any
580	580	8 recommended test must be fully disclosed to the child's
581	581	9 custodial parent or guardian during the investigation.
582	582	10 Nothing in this paragraph shall be read to preclude those
583	583	11 medical tests that are medically necessary for the child's
584	584	12 treatment.
585	585	13 (B) If a consulting medical professional is employed,
586	586	14 in whole or in part, by the Department or receives
587	587	15 referrals in the course of an investigation pursuant to
588	588	16 any contract, memorandum of understanding, or direct
589	589	17 request by an investigator, such individual must identify
590	590	18 himself or herself as a forensic consultant, rather than
591	591	19 as a member of the child's treatment team, whenever the
592	592	20 individual has direct contact with the child or the family
593	593	21 of the child. The individual must also provide the child's
594	594	22 guardian with accurate information about the medical
595	595	23 specialties that the individual holds.
596	596	24 (C) The subject of the investigation shall be afforded
597	597	25 the opportunity to identify all medical professionals who
598	598	26 have examined or treated the child during the previous
599	599
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609	609	1 12-month period prior to the hotline call and, with the
610	610	2 subject's consent, such medical professionals shall be
611	611	3 afforded the opportunity to submit information for
612	612	4 consideration by the Department prior to the conclusion of
613	613	5 the investigation.
614	614	6 (D) The subject of the investigation shall be afforded
615	615	7 the reasonable opportunity to submit a second medical
616	616	8 opinion to the Department or to request that the
617	617	9 Department allow time for the subject to obtain and submit
618	618	10 second independent opinions from medical professionals. A
619	619	11 request for a second medical opinion shall be considered
620	620	12 good cause to toll deadlines for completion of an
621	621	13 investigation.
622	622	14 (E) Except if there are exigent circumstances, the
623	623	15 subject of the investigation shall be provided the
624	624	16 identity, credentials, and opinions of other professionals
625	625	17 the consulted medical professional relies upon in
626	626	18 rendering an opinion as to the likelihood of abuse or
627	627	19 neglect, and the written opinion of such person shall be
628	628	20 provided, upon the conclusion of the investigation (with
629	629	21 due allowance for redactions as otherwise provided under
630	630	22 this Act).
631	631	23 (F) The Department shall annually prepare and make
632	632	24 available on the Department's Reports and Statistics
633	633	25 webpage a report on the number of children referred to a
634	634	26 consulting medical professional for forensic opinion. The
635	635
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645	645	1 first report must be posted by March 31, 2024. The report
646	646	2 shall contain the following information:
647	647	3 (i) Total number of abuse or neglect cases that
648	648	4 were substantiated by the court.
649	649	5 (ii) Total number of abuse or neglect cases that
650	650	6 the Department determined were unfounded.
651	651	7 (iii) Total number of abuse or neglect cases that
652	652	8 the Department determined were indicated, but were not
653	653	9 sent to the court.
654	654	10 (I) Data on the subset of those indicated
655	655	11 cases that were appealed and the outcomes of those
656	656	12 appeals.
657	657	13 (II) Data on the subset of those cases that
658	658	14 the Department determined were indicated but with
659	659	15 an unknown perpetrator.
660	660	16 (iv) Compile the information collected under items
661	661	17 (i) through (iii) by individual provider.
662	662	18 (v) Compile the information collected under items
663	663	19 (i) through (iii) by medical diagnosis.
664	664	20 (vi) Compile the information collected under items
665	665	21 (i) through (iii) by county.
666	666	22 (vii) Compile the information collected under
667	667	23 items (i) through (iii) by race.
668	668	24 (viii) Compile the information collected under
669	669	25 items (i) through (iii) by gender (of the child).
670	670	26 (ix) Compile the information collected under items
671	671
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681	681	1 (i) through (iii) by children with safety plans and
682	682	2 children put in protective custody.
683	683	3 (e) Upon request by the Department, the Illinois State
684	684	4 Police and law enforcement agencies are authorized to provide
685	685	5 criminal history record information as defined in the Illinois
686	686	6 Uniform Conviction Information Act and information maintained
687	687	7 in the adjudicatory and dispositional record system as defined
688	688	8 in Section 2605-355 of the Illinois State Police Law to
689	689	9 properly designated employees of the Department of Children
690	690	10 and Family Services if the Department determines the
691	691	11 information is necessary to perform its duties under the
692	692	12 Abused and Neglected Child Reporting Act, the Child Care Act
693	693	13 of 1969, and the Children and Family Services Act. The request
694	694	14 shall be in the form and manner required by the Illinois State
695	695	15 Police. Any information obtained by the Department of Children
696	696	16 and Family Services under this Section is confidential and may
697	697	17 not be transmitted outside the Department of Children and
698	698	18 Family Services other than to a court of competent
699	699	19 jurisdiction or unless otherwise authorized by law. Any
700	700	20 employee of the Department of Children and Family Services who
701	701	21 transmits confidential information in violation of this
702	702	22 Section or causes the information to be transmitted in
703	703	23 violation of this Section is guilty of a Class A misdemeanor
704	704	24 unless the transmittal of the information is authorized by
705	705	25 this Section or otherwise authorized by law.
706	706	26 (f) For purposes of this Section, "child abuse or neglect"
707	707
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709	709
710	710
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717	717	1 includes abuse or neglect of an adult resident as defined in
718	718	2 this Act.
719	719	3 (Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)
720	720
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