Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2411 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 SB2411 Introduced 2/10/2023, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: 20 ILCS 505/21 from Ch. 23, par. 5021 20 ILCS 4104/10325 ILCS 5/7.01 325 ILCS 5/7.4 from Ch. 23, par. 2057.4 Amends the Children and Family Services Act. Provides that the Department of Children and Family Services shall develop and implement a safety-based child welfare intervention system (rather than a standardized child endangerment risk assessment protocol), a standardized method for demonstration of proficiency in application of the safety-based child welfare intervention system, and an evaluation of the reliability and validity of the safety-based child welfare intervention system. Requires all child protective investigators and supervisors and child welfare specialists and supervisors employed by the Department to demonstrate proficiency in application of the safety-based child welfare intervention system previous to being permitted to make safety decisions about the children for whom they are responsible. Requires the Department to establish a multi-disciplinary advisory committee to advise the Department and its related contractors in the development and implementation of the safety-based child welfare intervention system. Requires the Department to develop safety-based child welfare intervention system training curriculum. Requires the Department to submit annual reports, beginning on or before December 31, 2026, to the General Assembly on the evaluation of the reliability and validity of the safety-based child welfare intervention system. Makes corresponding changes to the Advisory Committee on Reducing the Disproportionate Representation of African-American Children in Foster Care Act and the Abused and Neglected Child Reporting Act. LRB103 25727 KTG 52076 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2411 Introduced 2/10/2023, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: 20 ILCS 505/21 from Ch. 23, par. 5021 20 ILCS 4104/10325 ILCS 5/7.01 325 ILCS 5/7.4 from Ch. 23, par. 2057.4 20 ILCS 505/21 from Ch. 23, par. 5021 20 ILCS 4104/10 325 ILCS 5/7.01 325 ILCS 5/7.4 from Ch. 23, par. 2057.4 Amends the Children and Family Services Act. Provides that the Department of Children and Family Services shall develop and implement a safety-based child welfare intervention system (rather than a standardized child endangerment risk assessment protocol), a standardized method for demonstration of proficiency in application of the safety-based child welfare intervention system, and an evaluation of the reliability and validity of the safety-based child welfare intervention system. Requires all child protective investigators and supervisors and child welfare specialists and supervisors employed by the Department to demonstrate proficiency in application of the safety-based child welfare intervention system previous to being permitted to make safety decisions about the children for whom they are responsible. Requires the Department to establish a multi-disciplinary advisory committee to advise the Department and its related contractors in the development and implementation of the safety-based child welfare intervention system. Requires the Department to develop safety-based child welfare intervention system training curriculum. Requires the Department to submit annual reports, beginning on or before December 31, 2026, to the General Assembly on the evaluation of the reliability and validity of the safety-based child welfare intervention system. Makes corresponding changes to the Advisory Committee on Reducing the Disproportionate Representation of African-American Children in Foster Care Act and the Abused and Neglected Child Reporting Act. LRB103 25727 KTG 52076 b LRB103 25727 KTG 52076 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2411 Introduced 2/10/2023, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED:
3	3	20 ILCS 505/21 from Ch. 23, par. 5021 20 ILCS 4104/10325 ILCS 5/7.01 325 ILCS 5/7.4 from Ch. 23, par. 2057.4 20 ILCS 505/21 from Ch. 23, par. 5021 20 ILCS 4104/10 325 ILCS 5/7.01 325 ILCS 5/7.4 from Ch. 23, par. 2057.4
4	4	20 ILCS 505/21 from Ch. 23, par. 5021
5	5	20 ILCS 4104/10
6	6	325 ILCS 5/7.01
7	7	325 ILCS 5/7.4 from Ch. 23, par. 2057.4
8	8	Amends the Children and Family Services Act. Provides that the Department of Children and Family Services shall develop and implement a safety-based child welfare intervention system (rather than a standardized child endangerment risk assessment protocol), a standardized method for demonstration of proficiency in application of the safety-based child welfare intervention system, and an evaluation of the reliability and validity of the safety-based child welfare intervention system. Requires all child protective investigators and supervisors and child welfare specialists and supervisors employed by the Department to demonstrate proficiency in application of the safety-based child welfare intervention system previous to being permitted to make safety decisions about the children for whom they are responsible. Requires the Department to establish a multi-disciplinary advisory committee to advise the Department and its related contractors in the development and implementation of the safety-based child welfare intervention system. Requires the Department to develop safety-based child welfare intervention system training curriculum. Requires the Department to submit annual reports, beginning on or before December 31, 2026, to the General Assembly on the evaluation of the reliability and validity of the safety-based child welfare intervention system. Makes corresponding changes to the Advisory Committee on Reducing the Disproportionate Representation of African-American Children in Foster Care Act and the Abused and Neglected Child Reporting Act.
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14	14	1 AN ACT concerning children.
15	15	2 Be it enacted by the People of the State of Illinois,
16	16	3 represented in the General Assembly:
17	17	4 Section 5. The Children and Family Services Act is amended
18	18	5 by changing Section 21 as follows:
19	19	6 (20 ILCS 505/21) (from Ch. 23, par. 5021)
20	20	7 Sec. 21. Investigative powers; training.
21	21	8 (a) To make such investigations as it may deem necessary
22	22	9 to the performance of its duties.
23	23	10 (b) In the course of any such investigation any qualified
24	24	11 person authorized by the Director may administer oaths and
25	25	12 secure by its subpoena both the attendance and testimony of
26	26	13 witnesses and the production of books and papers relevant to
27	27	14 such investigation. Any person who is served with a subpoena
28	28	15 by the Department to appear and testify or to produce books and
29	29	16 papers, in the course of an investigation authorized by law,
30	30	17 and who refuses or neglects to appear, or to testify, or to
31	31	18 produce books and papers relevant to such investigation, as
32	32	19 commanded in such subpoena, shall be guilty of a Class B
33	33	20 misdemeanor. The fees of witnesses for attendance and travel
34	34	21 shall be the same as the fees of witnesses before the circuit
35	35	22 courts of this State. Any circuit court of this State, upon
36	36	23 application of the person requesting the hearing or the
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40	40	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2411 Introduced 2/10/2023, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED:
41	41	20 ILCS 505/21 from Ch. 23, par. 5021 20 ILCS 4104/10325 ILCS 5/7.01 325 ILCS 5/7.4 from Ch. 23, par. 2057.4 20 ILCS 505/21 from Ch. 23, par. 5021 20 ILCS 4104/10 325 ILCS 5/7.01 325 ILCS 5/7.4 from Ch. 23, par. 2057.4
42	42	20 ILCS 505/21 from Ch. 23, par. 5021
43	43	20 ILCS 4104/10
44	44	325 ILCS 5/7.01
45	45	325 ILCS 5/7.4 from Ch. 23, par. 2057.4
46	46	Amends the Children and Family Services Act. Provides that the Department of Children and Family Services shall develop and implement a safety-based child welfare intervention system (rather than a standardized child endangerment risk assessment protocol), a standardized method for demonstration of proficiency in application of the safety-based child welfare intervention system, and an evaluation of the reliability and validity of the safety-based child welfare intervention system. Requires all child protective investigators and supervisors and child welfare specialists and supervisors employed by the Department to demonstrate proficiency in application of the safety-based child welfare intervention system previous to being permitted to make safety decisions about the children for whom they are responsible. Requires the Department to establish a multi-disciplinary advisory committee to advise the Department and its related contractors in the development and implementation of the safety-based child welfare intervention system. Requires the Department to develop safety-based child welfare intervention system training curriculum. Requires the Department to submit annual reports, beginning on or before December 31, 2026, to the General Assembly on the evaluation of the reliability and validity of the safety-based child welfare intervention system. Makes corresponding changes to the Advisory Committee on Reducing the Disproportionate Representation of African-American Children in Foster Care Act and the Abused and Neglected Child Reporting Act.
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48	48	LRB103 25727 KTG 52076 b
49	49	A BILL FOR
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55	55	20 ILCS 505/21 from Ch. 23, par. 5021
56	56	20 ILCS 4104/10
57	57	325 ILCS 5/7.01
58	58	325 ILCS 5/7.4 from Ch. 23, par. 2057.4
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77	77	1 Department, may compel the attendance of witnesses, the
78	78	2 production of books and papers, and giving of testimony before
79	79	3 the Department or before any authorized officer or employee
80	80	4 thereof, by an attachment for contempt or otherwise, in the
81	81	5 same manner as production of evidence may be compelled before
82	82	6 such court. Every person who, having taken an oath or made
83	83	7 affirmation before the Department or any authorized officer or
84	84	8 employee thereof, shall willfully swear or affirm falsely,
85	85	9 shall be guilty of perjury and upon conviction shall be
86	86	10 punished accordingly.
87	87	11 (c) Investigations initiated under this Section shall
88	88	12 provide individuals due process of law, including the right to
89	89	13 a hearing, to cross-examine witnesses, to obtain relevant
90	90	14 documents, and to present evidence. Administrative findings
91	91	15 shall be subject to the provisions of the Administrative
92	92	16 Review Law.
93	93	17 (d) Beginning July 1, 1988, any child protective
94	94	18 investigator or supervisor or child welfare specialist or
95	95	19 supervisor employed by the Department on the effective date of
96	96	20 this amendatory Act of 1987 shall have completed a training
97	97	21 program which shall be instituted by the Department. The
98	98	22 training program shall include, but not be limited to, the
99	99	23 following: (1) training in the detection of symptoms of child
100	100	24 neglect and drug abuse; (2) specialized training for dealing
101	101	25 with families and children of drug abusers; and (3) specific
102	102	26 training in child development, family dynamics and interview
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113	113	1 techniques. Such program shall conform to the criteria and
114	114	2 curriculum developed under Section 4 of the Child Protective
115	115	3 Investigator and Child Welfare Specialist Certification Act of
116	116	4 1987. Failure to complete such training due to lack of
117	117	5 opportunity provided by the Department shall in no way be
118	118	6 grounds for any disciplinary or other action against an
119	119	7 investigator or a specialist.
120	120	8 The Department shall develop a continuous inservice staff
121	121	9 development program and evaluation system. Each child
122	122	10 protective investigator and supervisor and child welfare
123	123	11 specialist and supervisor shall participate in such program
124	124	12 and evaluation and shall complete a minimum of 20 hours of
125	125	13 inservice education and training every 2 years in order to
126	126	14 maintain certification.
127	127	15 Any child protective investigator or child protective
128	128	16 supervisor, or child welfare specialist or child welfare
129	129	17 specialist supervisor hired by the Department who begins his
130	130	18 actual employment after the effective date of this amendatory
131	131	19 Act of 1987, shall be certified pursuant to the Child
132	132	20 Protective Investigator and Child Welfare Specialist
133	133	21 Certification Act of 1987 before he begins such employment.
134	134	22 Nothing in this Act shall replace or diminish the rights of
135	135	23 employees under the Illinois Public Labor Relations Act, as
136	136	24 amended, or the National Labor Relations Act. In the event of
137	137	25 any conflict between either of those Acts, or any collective
138	138	26 bargaining agreement negotiated thereunder, and the provisions
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149	149	1 of subsections (d) and (e), the former shall prevail and
150	150	2 control.
151	151	3 (e) The Department shall develop and implement the
152	152	4 following:
153	153	5 (1) A safety-based child welfare intervention system
154	154	6 standardized child endangerment risk assessment protocol.
155	155	7 (2) Related training procedures.
156	156	8 (3) A standardized method for demonstration of
157	157	9 proficiency in application of the safety-based child
158	158	10 welfare intervention system protocol.
159	159	11 (4) An evaluation of the reliability and validity of
160	160	12 the safety-based child welfare intervention system
161	161	13 protocol.
162	162	14 All child protective investigators and supervisors and child
163	163	15 welfare specialists and supervisors employed by the Department
164	164	16 or its contractors shall be required, subsequent to the
165	165	17 availability of training under this Act, to demonstrate
166	166	18 proficiency in application of the safety-based child welfare
167	167	19 intervention system protocol previous to being permitted to
168	168	20 make safety decisions about the degree of risk posed to
169	169	21 children for whom they are responsible. The Department shall
170	170	22 establish a multi-disciplinary advisory committee appointed by
171	171	23 the Director, including but not limited to representatives
172	172	24 from the fields of child development, domestic violence,
173	173	25 family systems, juvenile justice, law enforcement, health
174	174	26 care, mental health, substance abuse, and social service to
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185	185	1 advise the Department and its related contractors in the
186	186	2 development and implementation of the safety-based child
187	187	3 welfare intervention system child endangerment risk assessment
188	188	4 protocol, related training, method for demonstration of
189	189	5 proficiency in application of the safety-based child welfare
190	190	6 intervention system protocol, and evaluation of the
191	191	7 reliability and validity of the safety-based child welfare
192	192	8 intervention system protocol. The Department shall develop the
193	193	9 safety-based child welfare intervention system protocol,
194	194	10 training curriculum, method for demonstration of proficiency
195	195	11 in application of the safety-based child welfare intervention
196	196	12 system, protocol and method for evaluation of the reliability
197	197	13 and validity of the safety-based child welfare intervention
198	198	14 system protocol by July 1, 1995. Training and demonstration of
199	199	15 proficiency in application of the safety-based child welfare
200	200	16 intervention system child endangerment risk assessment
201	201	17 protocol for all child protective investigators and
202	202	18 supervisors and child welfare specialists and supervisors
203	203	19 shall be completed as soon as practicable, but no later than
204	204	20 January 1, 1996. The Department shall submit to the General
205	205	21 Assembly on or before December 31, 2026 May 1, 1996, and every
206	206	22 year thereafter, an annual report on the evaluation of the
207	207	23 reliability and validity of the safety-based child welfare
208	208	24 intervention system child endangerment risk assessment
209	209	25 protocol. The Department shall contract with a not for profit
210	210	26 organization with demonstrated expertise in the field of
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221	221	1 safety-based child welfare intervention child endangerment
222	222	2 risk assessment to assist in the development and
223	223	3 implementation of the safety-based child welfare intervention
224	224	4 system child endangerment risk assessment protocol, related
225	225	5 training, method for demonstration of proficiency in
226	226	6 application of the safety-based child welfare intervention
227	227	7 system protocol, and evaluation of the reliability and
228	228	8 validity of the safety-based child welfare intervention system
229	229	9 protocol.
230	230	10 (f) The Department shall provide each parent or guardian
231	231	11 and responsible adult caregiver participating in a safety plan
232	232	12 a copy of the written safety plan as signed by each parent or
233	233	13 guardian and responsible adult caregiver and by a
234	234	14 representative of the Department. The Department shall also
235	235	15 provide each parent or guardian and responsible adult
236	236	16 caregiver safety plan information on their rights and
237	237	17 responsibilities that shall include, but need not be limited
238	238	18 to, information on how to obtain medical care, emergency phone
239	239	19 numbers, and information on how to notify schools or day care
240	240	20 providers as appropriate. The Department's representative
241	241	21 shall ensure that the safety plan is reviewed and approved by
242	242	22 the child protection supervisor.
243	243	23 (Source: P.A. 98-830, eff. 1-1-15.)
244	244	24 Section 10. The Advisory Commission on Reducing the
245	245	25 Disproportionate Representation of African-American Children
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256	256	1 in Foster Care Act is amended by changing Section 10 as
257	257	2 follows:
258	258	3 (20 ILCS 4104/10)
259	259	4 Sec. 10. Advisory Commission on Reducing the
260	260	5 Disproportionate Representation of African-American Children
261	261	6 in Foster Care.
262	262	7 (a) The Advisory Commission on Reducing the
263	263	8 Disproportionate Representation of African-American Children
264	264	9 in Foster Care is created and shall have the following
265	265	10 appointed members:
266	266	11 (1) One member appointed by the Governor or his of her
267	267	12 designee.
268	268	13 (2) One member appointed by the Speaker of the House
269	269	14 of Representatives or his or her designee.
270	270	15 (3) One member appointed by the Minority Leader of the
271	271	16 House of Representatives or his or her designee.
272	272	17 (4) One member appointed by the President of the
273	273	18 Senate or his or her designee.
274	274	19 (5) One member appointed by the Minority Leader of the
275	275	20 Senate or his or her designee.
276	276	21 (6) The Department on Aging, the Department of
277	277	22 Children and Family Services, the Department of Human
278	278	23 Services, the Department of Juvenile Justice, the
279	279	24 Department of Commerce and Economic Opportunity, the
280	280	25 Department of Healthcare and Family Services, the
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291	291	1 Department of Public Health, the State Board of Education,
292	292	2 the Board of Higher Education, the Illinois Community
293	293	3 College Board, the Department of Human Rights, the Capital
294	294	4 Development Board, the Department of Corrections, and the
295	295	5 Department of Labor shall each appoint a liaison to serve
296	296	6 ex officio on the Commission.
297	297	7 (7) One member from the Task Force on Strengthening
298	298	8 Child Welfare Workforce for Children and Families.
299	299	9 (8) One member from the Safety-Based Child Welfare
300	300	10 Intervention Child Endangerment Risk Assessment Protocol
301	301	11 Advisory Committee.
302	302	12 (9) Two members representing nonprofit organizations
303	303	13 that advocate for African-American children or youth to be
304	304	14 appointed by the Governor or his or her designee.
305	305	15 (b) The Governor or his or her designee shall appoint the
306	306	16 chairperson or chairpersons.
307	307	17 (c) Each member appointed to the Commission shall have a
308	308	18 working knowledge of Illinois' child welfare system. The
309	309	19 members shall reflect regional representation to ensure that
310	310	20 the needs of African-American families and children throughout
311	311	21 the State of Illinois are met.
312	312	22 (d) Members shall be appointed within 60 days after the
313	313	23 effective date of this Act. The Advisory Commission shall hold
314	314	24 its initial meetings within 60 days after at least 50% of the
315	315	25 members have been appointed.
316	316	26 (e) Vacancies on the Advisory Commission shall be filled
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327	327	1 in the same manner as initial appointments. Appointments to
328	328	2 fill vacancies occurring before the expiration of a term shall
329	329	3 be for the remainder of the unexpired term. Members shall
330	330	4 serve without compensation but may be reimbursed for actual
331	331	5 necessary expenses incurred in the performance of their
332	332	6 duties.
333	333	7 (f) The Department of Children and Family Services shall
334	334	8 provide administrative support to the Advisory Commission.
335	335	9 (Source: P.A. 102-470, eff. 8-20-21.)
336	336	10 Section 15. The Abused and Neglected Child Reporting Act
337	337	11 is amended by changing Sections 7.01 and 7.4 as follows:
338	338	12 (325 ILCS 5/7.01)
339	339	13 Sec. 7.01. Reports made by mandated reporters that require
340	340	14 a child welfare services referral Safety assessments for
341	341	15 reports made by mandated reporters.
342	342	16 (a) When a report is made by a mandated reporter to the
343	343	17 statewide toll-free telephone number established under Section
344	344	18 7.6 of this Act and there is a prior indicated report of abuse
345	345	19 or neglect, or there is a prior open service case involving any
346	346	20 member of the household, the Department must, at a minimum,
347	347	21 accept the report as a child welfare services referral. If the
348	348	22 family refuses to cooperate or refuses access to the home or
349	349	23 children, then a child protective services investigation shall
350	350	24 be initiated if the facts otherwise meet the criteria to
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361	361	1 accept a report.
362	362	2 As used in this Section, "child welfare services referral"
363	363	3 means an assessment of the family for service needs and
364	364	4 linkage to available local community resources for the purpose
365	365	5 of preventing or remedying or assisting in the solution of
366	366	6 problems which may result in the neglect, abuse, exploitation,
367	367	7 or delinquency of children, and as further defined in
368	368	8 Department rules and procedures.
369	369	9 As used in this Section, "prior open service case" means a
370	370	10 case in which the Department has provided services to the
371	371	11 family either directly or through a purchase of service
372	372	12 agency.
373	373	13 (b) One year after the effective date of this amendatory
374	374	14 Act of the 101st General Assembly, the Auditor General shall
375	375	15 commence a performance audit of the Department of Children and
376	376	16 Family Services to determine whether the Department is meeting
377	377	17 the requirements of this Section. Within 2 years after the
378	378	18 audit's release, the Auditor General shall commence a
379	379	19 follow-up performance audit to determine whether the
380	380	20 Department has implemented the recommendations contained in
381	381	21 the initial performance audit. Upon completion of each audit,
382	382	22 the Auditor General shall report its findings to the General
383	383	23 Assembly. The Auditor General's reports shall include any
384	384	24 issues or deficiencies and recommendations. The audits
385	385	25 required by this Section shall be in accordance with and
386	386	26 subject to the Illinois State Auditing Act.
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397	397	1 (Source: P.A. 101-237, eff. 1-1-20.)
398	398	2 (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
399	399	3 Sec. 7.4. (a) The Department shall be capable of receiving
400	400	4 reports of suspected child abuse or neglect 24 hours a day, 7
401	401	5 days a week. Whenever the Department receives a report
402	402	6 alleging that a child is a truant as defined in Section 26-2a
403	403	7 of the School Code, as now or hereafter amended, the
404	404	8 Department shall notify the superintendent of the school
405	405	9 district in which the child resides and the appropriate
406	406	10 superintendent of the educational service region. The
407	407	11 notification to the appropriate officials by the Department
408	408	12 shall not be considered an allegation of abuse or neglect
409	409	13 under this Act.
410	410	14 (a-5) The Department of Children and Family Services may
411	411	15 implement a "differential response program" in accordance with
412	412	16 criteria, standards, and procedures prescribed by rule. The
413	413	17 program may provide that, upon receiving a report, the
414	414	18 Department shall determine whether to conduct a family
415	415	19 assessment or an investigation as appropriate to prevent or
416	416	20 provide a remedy for child abuse or neglect.
417	417	21 For purposes of this subsection (a-5), "family assessment"
418	418	22 means a comprehensive assessment of child safety, risk of
419	419	23 subsequent child maltreatment, and family strengths and needs
420	420	24 that is applied to a child maltreatment report that does not
421	421	25 allege substantial child endangerment. "Family assessment"
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432	432	1 does not include a determination as to whether child
433	433	2 maltreatment occurred but does determine the need for services
434	434	3 to address the safety of family members and the risk of
435	435	4 subsequent maltreatment.
436	436	5 For purposes of this subsection (a-5), "investigation"
437	437	6 means fact-gathering related to the current safety of a child
438	438	7 and the risk of subsequent abuse or neglect that determines
439	439	8 whether a report of suspected child abuse or neglect should be
440	440	9 indicated or unfounded and whether child protective services
441	441	10 are needed.
442	442	11 Under the "differential response program" implemented
443	443	12 under this subsection (a-5), the Department:
444	444	13 (1) Shall conduct an investigation on reports
445	445	14 involving substantial child abuse or neglect.
446	446	15 (2) Shall begin an immediate investigation if, at any
447	447	16 time when it is using a family assessment response, it
448	448	17 determines that there is reason to believe that
449	449	18 substantial child abuse or neglect or a serious threat to
450	450	19 the child's safety exists.
451	451	20 (3) May conduct a family assessment for reports that
452	452	21 do not allege substantial child endangerment. In
453	453	22 determining that a family assessment is appropriate, the
454	454	23 Department may consider issues, including, but not limited
455	455	24 to, child safety, parental cooperation, and the need for
456	456	25 an immediate response.
457	457	26 (4) Shall promulgate criteria, standards, and
458	458
459	459
460	460
461	461
462	462
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464	464
465	465
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468	468	1 procedures that shall be applied in making this
469	469	2 determination, taking into consideration the Safety-Based
470	470	3 Child Welfare Intervention System Child Endangerment Risk
471	471	4 Assessment Protocol of the Department.
472	472	5 (5) May conduct a family assessment on a report that
473	473	6 was initially screened and assigned for an investigation.
474	474	7 In determining that a complete investigation is not
475	475	8 required, the Department must document the reason for
476	476	9 terminating the investigation and notify the local law
477	477	10 enforcement agency or the Illinois State Police if the local
478	478	11 law enforcement agency or Illinois State Police is conducting
479	479	12 a joint investigation.
480	480	13 Once it is determined that a "family assessment" will be
481	481	14 implemented, the case shall not be reported to the central
482	482	15 register of abuse and neglect reports.
483	483	16 During a family assessment, the Department shall collect
484	484	17 any available and relevant information to determine child
485	485	18 safety, risk of subsequent abuse or neglect, and family
486	486	19 strengths.
487	487	20 Information collected includes, but is not limited to,
488	488	21 when relevant: information with regard to the person reporting
489	489	22 the alleged abuse or neglect, including the nature of the
490	490	23 reporter's relationship to the child and to the alleged
491	491	24 offender, and the basis of the reporter's knowledge for the
492	492	25 report; the child allegedly being abused or neglected; the
493	493	26 alleged offender; the child's caretaker; and other collateral
494	494
495	495
496	496
497	497
498	498
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501	501
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504	504	1 sources having relevant information related to the alleged
505	505	2 abuse or neglect. Information relevant to the assessment must
506	506	3 be asked for, and may include:
507	507	4 (A) The child's sex and age, prior reports of abuse or
508	508	5 neglect, information relating to developmental
509	509	6 functioning, credibility of the child's statement, and
510	510	7 whether the information provided under this paragraph (A)
511	511	8 is consistent with other information collected during the
512	512	9 course of the assessment or investigation.
513	513	10 (B) The alleged offender's age, a record check for
514	514	11 prior reports of abuse or neglect, and criminal charges
515	515	12 and convictions. The alleged offender may submit
516	516	13 supporting documentation relevant to the assessment.
517	517	14 (C) Collateral source information regarding the
518	518	15 alleged abuse or neglect and care of the child. Collateral
519	519	16 information includes, when relevant: (i) a medical
520	520	17 examination of the child; (ii) prior medical records
521	521	18 relating to the alleged maltreatment or care of the child
522	522	19 maintained by any facility, clinic, or health care
523	523	20 professional, and an interview with the treating
524	524	21 professionals; and (iii) interviews with the child's
525	525	22 caretakers, including the child's parent, guardian, foster
526	526	23 parent, child care provider, teachers, counselors, family
527	527	24 members, relatives, and other persons who may have
528	528	25 knowledge regarding the alleged maltreatment and the care
529	529	26 of the child.
530	530
531	531
532	532
533	533
534	534
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536	536
537	537
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539	539	SB2411 - 15 - LRB103 25727 KTG 52076 b
540	540	1 (D) Information on the existence of domestic abuse and
541	541	2 violence in the home of the child, and substance abuse.
542	542	3 Nothing in this subsection (a-5) precludes the Department
543	543	4 from collecting other relevant information necessary to
544	544	5 conduct the assessment or investigation. Nothing in this
545	545	6 subsection (a-5) shall be construed to allow the name or
546	546	7 identity of a reporter to be disclosed in violation of the
547	547	8 protections afforded under Section 7.19 of this Act.
548	548	9 After conducting the family assessment, the Department
549	549	10 shall determine whether services are needed to address the
550	550	11 safety of the child and other family members and the risk of
551	551	12 subsequent abuse or neglect.
552	552	13 Upon completion of the family assessment, if the
553	553	14 Department concludes that no services shall be offered, then
554	554	15 the case shall be closed. If the Department concludes that
555	555	16 services shall be offered, the Department shall develop a
556	556	17 family preservation plan and offer or refer services to the
557	557	18 family.
558	558	19 At any time during a family assessment, if the Department
559	559	20 believes there is any reason to stop the assessment and
560	560	21 conduct an investigation based on the information discovered,
561	561	22 the Department shall do so.
562	562	23 The procedures available to the Department in conducting
563	563	24 investigations under this Act shall be followed as appropriate
564	564	25 during a family assessment.
565	565	26 If the Department implements a differential response
566	566
567	567
568	568
569	569
570	570
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572	572
573	573
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576	576	1 program authorized under this subsection (a-5), the Department
577	577	2 shall arrange for an independent evaluation of the program for
578	578	3 at least the first 3 years of implementation to determine
579	579	4 whether it is meeting the goals in accordance with Section 2 of
580	580	5 this Act.
581	581	6 The Department may adopt administrative rules necessary
582	582	7 for the execution of this Section, in accordance with Section
583	583	8 4 of the Children and Family Services Act.
584	584	9 The Department shall submit a report to the General
585	585	10 Assembly by January 15, 2018 on the implementation progress
586	586	11 and recommendations for additional needed legislative changes.
587	587	12 (b)(1) The following procedures shall be followed in the
588	588	13 investigation of all reports of suspected abuse or neglect of
589	589	14 a child, except as provided in subsection (c) of this Section.
590	590	15 (2) If, during a family assessment authorized by
591	591	16 subsection (a-5) or an investigation, it appears that the
592	592	17 immediate safety or well-being of a child is endangered, that
593	593	18 the family may flee or the child disappear, or that the facts
594	594	19 otherwise so warrant, the Child Protective Service Unit shall
595	595	20 commence an investigation immediately, regardless of the time
596	596	21 of day or night. All other investigations shall be commenced
597	597	22 within 24 hours of receipt of the report. Upon receipt of a
598	598	23 report, the Child Protective Service Unit shall conduct a
599	599	24 family assessment authorized by subsection (a-5) or begin an
600	600	25 initial investigation and make an initial determination
601	601	26 whether the report is a good faith indication of alleged child
602	602
603	603
604	604
605	605
606	606
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608	608
609	609
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612	612	1 abuse or neglect.
613	613	2 (3) Based on an initial investigation, if the Unit
614	614	3 determines the report is a good faith indication of alleged
615	615	4 child abuse or neglect, then a formal investigation shall
616	616	5 commence and, pursuant to Section 7.12 of this Act, may or may
617	617	6 not result in an indicated report. The formal investigation
618	618	7 shall include: direct contact with the subject or subjects of
619	619	8 the report as soon as possible after the report is received; an
620	620	9 evaluation of the environment of the child named in the report
621	621	10 and any other children in the same environment; a
622	622	11 determination of the risk to such children if they continue to
623	623	12 remain in the existing environments, as well as a
624	624	13 determination of the nature, extent and cause of any condition
625	625	14 enumerated in such report; the name, age and condition of
626	626	15 other children in the environment; and an evaluation as to
627	627	16 whether there would be an immediate and urgent necessity to
628	628	17 remove the child from the environment if appropriate family
629	629	18 preservation services were provided. After seeing to the
630	630	19 safety of the child or children, the Department shall
631	631	20 forthwith notify the subjects of the report in writing, of the
632	632	21 existence of the report and their rights existing under this
633	633	22 Act in regard to amendment or expungement. To fulfill the
634	634	23 requirements of this Section, the Child Protective Service
635	635	24 Unit shall have the capability of providing or arranging for
636	636	25 comprehensive emergency services to children and families at
637	637	26 all times of the day or night.
638	638
639	639
640	640
641	641
642	642
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644	644
645	645
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647	647	SB2411 - 18 - LRB103 25727 KTG 52076 b
648	648	1 (4) If (i) at the conclusion of the Unit's initial
649	649	2 investigation of a report, the Unit determines the report to
650	650	3 be a good faith indication of alleged child abuse or neglect
651	651	4 that warrants a formal investigation by the Unit, the
652	652	5 Department, any law enforcement agency or any other
653	653	6 responsible agency and (ii) the person who is alleged to have
654	654	7 caused the abuse or neglect is employed or otherwise engaged
655	655	8 in an activity resulting in frequent contact with children and
656	656	9 the alleged abuse or neglect are in the course of such
657	657	10 employment or activity, then the Department shall, except in
658	658	11 investigations where the Director determines that such
659	659	12 notification would be detrimental to the Department's
660	660	13 investigation, inform the appropriate supervisor or
661	661	14 administrator of that employment or activity that the Unit has
662	662	15 commenced a formal investigation pursuant to this Act, which
663	663	16 may or may not result in an indicated report. The Department
664	664	17 shall also notify the person being investigated, unless the
665	665	18 Director determines that such notification would be
666	666	19 detrimental to the Department's investigation.
667	667	20 (c) In an investigation of a report of suspected abuse or
668	668	21 neglect of a child by a school employee at a school or on
669	669	22 school grounds, the Department shall make reasonable efforts
670	670	23 to follow the following procedures:
671	671	24 (1) Investigations involving teachers shall not, to
672	672	25 the extent possible, be conducted when the teacher is
673	673	26 scheduled to conduct classes. Investigations involving
674	674
675	675
676	676
677	677
678	678
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680	680
681	681
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684	684	1 other school employees shall be conducted so as to
685	685	2 minimize disruption of the school day. The school employee
686	686	3 accused of child abuse or neglect may have his superior,
687	687	4 his association or union representative and his attorney
688	688	5 present at any interview or meeting at which the teacher
689	689	6 or administrator is present. The accused school employee
690	690	7 shall be informed by a representative of the Department,
691	691	8 at any interview or meeting, of the accused school
692	692	9 employee's due process rights and of the steps in the
693	693	10 investigation process. These due process rights shall also
694	694	11 include the right of the school employee to present
695	695	12 countervailing evidence regarding the accusations. In an
696	696	13 investigation in which the alleged perpetrator of abuse or
697	697	14 neglect is a school employee, including, but not limited
698	698	15 to, a school teacher or administrator, and the
699	699	16 recommendation is to determine the report to be indicated,
700	700	17 in addition to other procedures as set forth and defined
701	701	18 in Department rules and procedures, the employee's due
702	702	19 process rights shall also include: (i) the right to a copy
703	703	20 of the investigation summary; (ii) the right to review the
704	704	21 specific allegations which gave rise to the investigation;
705	705	22 and (iii) the right to an administrator's teleconference
706	706	23 which shall be convened to provide the school employee
707	707	24 with the opportunity to present documentary evidence or
708	708	25 other information that supports his or her position and to
709	709	26 provide information before a final finding is entered.
710	710
711	711
712	712
713	713
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716	716
717	717
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720	720	1 (2) If a report of neglect or abuse of a child by a
721	721	2 teacher or administrator does not involve allegations of
722	722	3 sexual abuse or extreme physical abuse, the Child
723	723	4 Protective Service Unit shall make reasonable efforts to
724	724	5 conduct the initial investigation in coordination with the
725	725	6 employee's supervisor.
726	726	7 If the Unit determines that the report is a good faith
727	727	8 indication of potential child abuse or neglect, it shall
728	728	9 then commence a formal investigation under paragraph (3)
729	729	10 of subsection (b) of this Section.
730	730	11 (3) If a report of neglect or abuse of a child by a
731	731	12 teacher or administrator involves an allegation of sexual
732	732	13 abuse or extreme physical abuse, the Child Protective Unit
733	733	14 shall commence an investigation under paragraph (2) of
734	734	15 subsection (b) of this Section.
735	735	16 (c-5) In any instance in which a report is made or caused
736	736	17 to made by a school district employee involving the conduct of
737	737	18 a person employed by the school district, at the time the
738	738	19 report was made, as required under Section 4 of this Act, the
739	739	20 Child Protective Service Unit shall send a copy of its final
740	740	21 finding report to the general superintendent of that school
741	741	22 district.
742	742	23 (c-10) The Department may recommend that a school district
743	743	24 remove a school employee who is the subject of an
744	744	25 investigation from his or her employment position pending the
745	745	26 outcome of the investigation; however, all employment
746	746
747	747
748	748
749	749
750	750
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752	752
753	753
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756	756	1 decisions regarding school personnel shall be the sole
757	757	2 responsibility of the school district or employer. The
758	758	3 Department may not require a school district to remove a
759	759	4 school employee from his or her employment position or limit
760	760	5 the school employee's duties pending the outcome of an
761	761	6 investigation.
762	762	7 (d) If the Department has contact with an employer, or
763	763	8 with a religious institution or religious official having
764	764	9 supervisory or hierarchical authority over a member of the
765	765	10 clergy accused of the abuse of a child, in the course of its
766	766	11 investigation, the Department shall notify the employer or the
767	767	12 religious institution or religious official, in writing, when
768	768	13 a report is unfounded so that any record of the investigation
769	769	14 can be expunged from the employee's or member of the clergy's
770	770	15 personnel or other records. The Department shall also notify
771	771	16 the employee or the member of the clergy, in writing, that
772	772	17 notification has been sent to the employer or to the
773	773	18 appropriate religious institution or religious official
774	774	19 informing the employer or religious institution or religious
775	775	20 official that the Department's investigation has resulted in
776	776	21 an unfounded report.
777	777	22 (d-1) Whenever a report alleges that a child was abused or
778	778	23 neglected while receiving care in a hospital, including a
779	779	24 freestanding psychiatric hospital licensed by the Department
780	780	25 of Public Health, the Department shall send a copy of its final
781	781	26 finding to the Director of Public Health and the Director of
782	782
783	783
784	784
785	785
786	786
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788	788
789	789
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792	792	1 Healthcare and Family Services.
793	793	2 (e) Upon request by the Department, the Illinois State
794	794	3 Police and law enforcement agencies are authorized to provide
795	795	4 criminal history record information as defined in the Illinois
796	796	5 Uniform Conviction Information Act and information maintained
797	797	6 in the adjudicatory and dispositional record system as defined
798	798	7 in Section 2605-355 of the Illinois State Police Law to
799	799	8 properly designated employees of the Department of Children
800	800	9 and Family Services if the Department determines the
801	801	10 information is necessary to perform its duties under the
802	802	11 Abused and Neglected Child Reporting Act, the Child Care Act
803	803	12 of 1969, and the Children and Family Services Act. The request
804	804	13 shall be in the form and manner required by the Illinois State
805	805	14 Police. Any information obtained by the Department of Children
806	806	15 and Family Services under this Section is confidential and may
807	807	16 not be transmitted outside the Department of Children and
808	808	17 Family Services other than to a court of competent
809	809	18 jurisdiction or unless otherwise authorized by law. Any
810	810	19 employee of the Department of Children and Family Services who
811	811	20 transmits confidential information in violation of this
812	812	21 Section or causes the information to be transmitted in
813	813	22 violation of this Section is guilty of a Class A misdemeanor
814	814	23 unless the transmittal of the information is authorized by
815	815	24 this Section or otherwise authorized by law.
816	816	25 (f) For purposes of this Section, "child abuse or neglect"
817	817	26 includes abuse or neglect of an adult resident as defined in
818	818
819	819
820	820
821	821
822	822
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824	824
825	825
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827	827	SB2411 - 23 - LRB103 25727 KTG 52076 b
828	828	1 this Act.
829	829	2 (Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)
830	830
831	831
832	832
833	833
834	834
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