103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2788 Introduced 1/17/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: 325 ILCS 5/7 from Ch. 23, par. 2057325 ILCS 5/8.6 Amends the Abused and Neglected Child Reporting Act. Requires the Child Protective Service Unit to send a notification letter (rather than a copy of the Unit's final finding report) to a child's school following an investigation and finding of physical or sexual abuse. Provides that if an indicated finding is overturned in an appeal or hearing, the Department of Children and Family Services shall request that the notification letter (rather than final finding report) be purged from the student's record, and the school shall purge the notification letter (rather than final finding report) from the student's record in accordance with the Illinois School Student Records Act. Requires the notification letter to provide the date of expungement from the central register. Removes a provision requiring all reports made by mandated reporters to be confirmed in writing to the appropriate Child Protective Service Unit within 48 hours of any initial report. LRB103 35567 KTG 65639 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2788 Introduced 1/17/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: 325 ILCS 5/7 from Ch. 23, par. 2057325 ILCS 5/8.6 325 ILCS 5/7 from Ch. 23, par. 2057 325 ILCS 5/8.6 Amends the Abused and Neglected Child Reporting Act. Requires the Child Protective Service Unit to send a notification letter (rather than a copy of the Unit's final finding report) to a child's school following an investigation and finding of physical or sexual abuse. Provides that if an indicated finding is overturned in an appeal or hearing, the Department of Children and Family Services shall request that the notification letter (rather than final finding report) be purged from the student's record, and the school shall purge the notification letter (rather than final finding report) from the student's record in accordance with the Illinois School Student Records Act. Requires the notification letter to provide the date of expungement from the central register. Removes a provision requiring all reports made by mandated reporters to be confirmed in writing to the appropriate Child Protective Service Unit within 48 hours of any initial report. LRB103 35567 KTG 65639 b LRB103 35567 KTG 65639 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2788 Introduced 1/17/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: 325 ILCS 5/7 from Ch. 23, par. 2057325 ILCS 5/8.6 325 ILCS 5/7 from Ch. 23, par. 2057 325 ILCS 5/8.6 325 ILCS 5/7 from Ch. 23, par. 2057 325 ILCS 5/8.6 Amends the Abused and Neglected Child Reporting Act. Requires the Child Protective Service Unit to send a notification letter (rather than a copy of the Unit's final finding report) to a child's school following an investigation and finding of physical or sexual abuse. Provides that if an indicated finding is overturned in an appeal or hearing, the Department of Children and Family Services shall request that the notification letter (rather than final finding report) be purged from the student's record, and the school shall purge the notification letter (rather than final finding report) from the student's record in accordance with the Illinois School Student Records Act. Requires the notification letter to provide the date of expungement from the central register. Removes a provision requiring all reports made by mandated reporters to be confirmed in writing to the appropriate Child Protective Service Unit within 48 hours of any initial report. LRB103 35567 KTG 65639 b LRB103 35567 KTG 65639 b LRB103 35567 KTG 65639 b A BILL FOR SB2788LRB103 35567 KTG 65639 b SB2788 LRB103 35567 KTG 65639 b SB2788 LRB103 35567 KTG 65639 b 1 AN ACT concerning children. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Abused and Neglected Child Reporting Act is 5 amended by changing Sections 7 and 8.6 as follows: 6 (325 ILCS 5/7) (from Ch. 23, par. 2057) 7 Sec. 7. Time and manner of making reports. All reports of 8 suspected child abuse or neglect made under this Act shall be 9 made immediately by telephone to the central register 10 established under Section 7.7 on the single, State-wide, 11 toll-free telephone number established in Section 7.6, or in 12 person or by telephone through the nearest Department office. 13 The Department shall, in cooperation with school officials, 14 distribute appropriate materials in school buildings listing 15 the toll-free telephone number established in Section 7.6, 16 including methods of making a report under this Act. The 17 Department may, in cooperation with appropriate members of the 18 clergy, distribute appropriate materials in churches, 19 synagogues, temples, mosques, or other religious buildings 20 listing the toll-free telephone number established in Section 21 7.6, including methods of making a report under this Act. 22 Wherever the Statewide number is posted, there shall also 23 be posted the following notice: 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2788 Introduced 1/17/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: 325 ILCS 5/7 from Ch. 23, par. 2057325 ILCS 5/8.6 325 ILCS 5/7 from Ch. 23, par. 2057 325 ILCS 5/8.6 325 ILCS 5/7 from Ch. 23, par. 2057 325 ILCS 5/8.6 Amends the Abused and Neglected Child Reporting Act. Requires the Child Protective Service Unit to send a notification letter (rather than a copy of the Unit's final finding report) to a child's school following an investigation and finding of physical or sexual abuse. Provides that if an indicated finding is overturned in an appeal or hearing, the Department of Children and Family Services shall request that the notification letter (rather than final finding report) be purged from the student's record, and the school shall purge the notification letter (rather than final finding report) from the student's record in accordance with the Illinois School Student Records Act. Requires the notification letter to provide the date of expungement from the central register. Removes a provision requiring all reports made by mandated reporters to be confirmed in writing to the appropriate Child Protective Service Unit within 48 hours of any initial report. LRB103 35567 KTG 65639 b LRB103 35567 KTG 65639 b LRB103 35567 KTG 65639 b A BILL FOR 325 ILCS 5/7 from Ch. 23, par. 2057 325 ILCS 5/8.6 LRB103 35567 KTG 65639 b SB2788 LRB103 35567 KTG 65639 b SB2788- 2 -LRB103 35567 KTG 65639 b SB2788 - 2 - LRB103 35567 KTG 65639 b SB2788 - 2 - LRB103 35567 KTG 65639 b 1 "Any person who knowingly transmits a false report to the 2 Department commits the offense of disorderly conduct under 3 subsection (a)(7) of Section 26-1 of the Criminal Code of 4 2012. A violation of this subsection is a Class 4 felony." 5 The report required by this Act shall include, if known, 6 the name and address of the child and the child's parents or 7 other persons having the child's custody; the child's age; the 8 nature of the child's condition, including any evidence of 9 previous injuries or disabilities; and any other information 10 that the person filing the report believes might be helpful in 11 establishing the cause of such abuse or neglect and the 12 identity of the person believed to have caused such abuse or 13 neglect. Reports made to the central register through the 14 State-wide, toll-free telephone number shall be immediately 15 transmitted by the Department to the appropriate Child 16 Protective Service Unit. All such reports alleging the death 17 of a child, serious injury to a child, including, but not 18 limited to, brain damage, skull fractures, subdural hematomas, 19 and internal injuries, torture of a child, malnutrition of a 20 child, and sexual abuse to a child, including, but not limited 21 to, sexual intercourse, sexual exploitation, sexual 22 molestation, and sexually transmitted disease in a child age 23 12 and under, shall also be immediately transmitted by the 24 Department to the appropriate local law enforcement agency. 25 The Department shall within 24 hours orally notify local law 26 enforcement personnel and the office of the State's Attorney SB2788 - 2 - LRB103 35567 KTG 65639 b SB2788- 3 -LRB103 35567 KTG 65639 b SB2788 - 3 - LRB103 35567 KTG 65639 b SB2788 - 3 - LRB103 35567 KTG 65639 b 1 of the involved county of the receipt of any report alleging 2 the death of a child, serious injury to a child, including, but 3 not limited to, brain damage, skull fractures, subdural 4 hematomas, and internal injuries, torture of a child, 5 malnutrition of a child, and sexual abuse to a child, 6 including, but not limited to, sexual intercourse, sexual 7 exploitation, sexual molestation, and sexually transmitted 8 disease in a child age 12 and under. All oral reports made by 9 the Department to local law enforcement personnel and the 10 office of the State's Attorney of the involved county shall be 11 confirmed in writing within 24 hours of the oral report. All 12 reports by persons mandated to report under this Act shall be 13 confirmed in writing to the appropriate Child Protective 14 Service Unit, which may be on forms supplied by the 15 Department, within 48 hours of any initial report. 16 Any report received by the Department alleging the abuse 17 or neglect of a child by a person who is not the child's 18 parent, a member of the child's immediate family, a person 19 responsible for the child's welfare, an individual residing in 20 the same home as the child, or a paramour of the child's parent 21 shall immediately be referred to the appropriate local law 22 enforcement agency for consideration of criminal investigation 23 or other action. 24 Written confirmation reports from persons not required to 25 report by this Act may be made to the appropriate Child 26 Protective Service Unit. Written reports from persons required SB2788 - 3 - LRB103 35567 KTG 65639 b SB2788- 4 -LRB103 35567 KTG 65639 b SB2788 - 4 - LRB103 35567 KTG 65639 b SB2788 - 4 - LRB103 35567 KTG 65639 b 1 by this Act to report shall be admissible in evidence in any 2 judicial proceeding or administrative hearing relating to 3 child abuse or neglect. Reports involving known or suspected 4 child abuse or neglect in public or private residential 5 agencies or institutions shall be made and received in the 6 same manner as all other reports made under this Act. 7 For purposes of this Section, "child" includes an adult 8 resident as defined in this Act. 9 (Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23.) 10 (325 ILCS 5/8.6) 11 Sec. 8.6. Reports to a child's school. Within 10 days 12 after completing an investigation of alleged physical or 13 sexual abuse under this Act, if the report is indicated, the 14 Child Protective Service Unit shall send a notification letter 15 copy of its final finding report to the school that the child, 16 who is the indicated victim of child abuse, the report 17 attends. If the final finding report is sent during the summer 18 when the school is not in session, the notification letter 19 report shall be sent to the last school that the child 20 attended. The notification letter final finding report shall 21 be sent as "confidential", and the school shall be responsible 22 for ensuring that the notification letter report remains 23 confidential in accordance with the Illinois School Student 24 Records Act. If an indicated finding is overturned in an 25 appeal or hearing, or if the Department has made a SB2788 - 4 - LRB103 35567 KTG 65639 b SB2788- 5 -LRB103 35567 KTG 65639 b SB2788 - 5 - LRB103 35567 KTG 65639 b SB2788 - 5 - LRB103 35567 KTG 65639 b SB2788 - 5 - LRB103 35567 KTG 65639 b