Illinois 2023 2023-2024 Regular Session

Illinois Senate Bill SB2788 Engrossed / Bill

Filed 04/12/2024

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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:

 

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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

 

 

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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

 

 

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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 copy of its final
15  finding report to the school that the child, who is the
16  indicated victim of child abuse, the report attends. During If
17  the final finding report is sent during the summer when the
18  school is not in session, the report shall be sent to the last
19  school that the child attended. The final finding report shall
20  be sent as "confidential", and the school shall be responsible
21  for ensuring that the report remains confidential in
22  accordance with the Illinois School Student Records Act. If an
23  indicated finding is overturned in an appeal or hearing, or if
24  the Department has made a determination that the child is no
25  longer at risk of physical or sexual harm, the Department

 

 

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