Child Abuse Legislation - Illinois

CHILD ABUSE-REPORT-DPT JUV JUS Amends the Abused and Neglected Child Reporting Act. Provides that mandated reporters under the Act include field personnel of the Department of Juvenile Justice. Effective immediately. House Amendment No. 1 Adds reference to: 20 ILCS 505/5from Ch. 23, par. 5005705 ILCS 405/2-28from Ch. 37, par. 802-28 Amends the Children and Family Services Act. Provides that prior to final approval for placement of a child, the Department of Children and Family Services shall (i) conduct a criminal records background check of the prospective [...]

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CHILD ABUSE-UNREPORTED-PENALTY Amends the Abused and Neglected Child Reporting Act. Adds members of a school board, the Chicago Board of Education, or the governing body of a private school as mandated reporters. Provides that any person who knowingly and willfully violates any mandated-reporter provision of the Act other than a second or subsequent violation of transmitting a false report is guilty of a Class 4 felony (instead of a Class A misdemeanor) for a first violation and a Class 3 (instead of Class 4) felony for a second or subsequent violation. Effective immediately. Senate Floor Amendment No. 1 Restores the provisions of current law that a person who knowingly and willfully violates provisions concerning mandated reporting of suspected child abuse or neglect is guilty of a Class A misdemeanor (instead of a Class 4 felony) for a first violation and a Class 4 (instead of Class 3) felony for a second or subsequent violation. Senate Floor Amendment [...]

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JUV CT-FAMILY REUNIFY Amends the Juvenile Court Act of 1987. Provides that in cases relating to allegations of parental or custodial unfitness based upon neglect, dependency, or abuse of the minor, the Department of Children and Family Services, or the agency responsible, must submit a report to the court documenting the services offered and provided to preserve or reunify the family, and substantiating any determination of the success or failure of such services, and the court shall determine if such evidence is clear and convincing that such services will fail. House Amendment No. 1 Deletes reference to: 705 ILCS 405/2-27Adds reference to:

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CHILD ABUSE-NOTICE TO POLICE Amends the Abused and Neglected Child Reporting Act. Provides that reports of suspected child abuse or neglect made to the central register through the State-wide, toll-free telephone number shall be immediately transmitted to the appropriate local law enforcement agency. Provides that all oral reports made by the Department of Children and Family Services to local law enforcement personnel and the office of the State's Attorney of the involved county shall be confirmed in writing within 24 (instead of 48) hours of the oral report. Provides that the Department shall adopt rules expressly allowing law enforcement personnel to investigate reports of suspected child abuse or neglect concurrently with the Department, without regard to whether the Department determines a report to be "indicated" or "unfounded" or deems a report to be "undetermined". Effective immediately. House Amendment No. 1 Replaces everything after the enacting clause.[...]

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CHILD ABUSE-INJURY-DCFS REPORT Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to investigate and report on cases involving a serious life-threatening injury of a child (as well as cases involving the death of a child). Makes changes concerning the information that must be contained in the Department's reports. Provides that in any case involving the death or near death of a child, when a person responsible for the child has been charged with committing a crime that results in the child's death or near death, there shall be a presumption that the best interest of the public will be served by public disclosure of certain information concerning the circumstances of the investigations of the death or near death of the child and any other investigations concerning that child or other children living in the same household. Makes other changes concerning the release of such information. House Amendment No. 1

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DCFS-CITIZENS' REVIEW BOARD Creates the Children and Family Services Citizens' Review Board Act. Creates the Children and Family Services Citizens' Review Board for the purpose of reviewing the delivery of Department services and to investigate incidents and complaints related to the Department of Children and Family Services. Sets forth procedures for the membership and operation of the Board. Sets forth the powers and duties of the Board concerning its investigations. Requires confidentiality of certain records of the Board. Requires the Board to submit an annual report to the General Assembly, Governor, and Attorney General concerning its investigations. Amends the Public Meetings Act and the Freedom of Information Act to provide that the Board is not a "public body" with respect to those Acts. House Amendment No. 1 Makes a technical correction concerning members appointed by the Governor to the Children and Family Services Citizens' Review Board. House [...]

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SCH CD-CONFIDENTIALITY-COUNSEL Amends the School Code. Provides that any information of a personal nature disclosed by a pupil 12 years of age or older in the process of receiving (i) school counseling services from a school counselor or school counselor intern, (ii) school psychological services from a school psychologist or school psychologist intern, or (iii) school social work services from a school social worker or school social worker intern is confidential, and provides that any information of a personal nature disclosed to a school counselor or school counselor intern, a school psychologist or school psychologist intern, or a school social worker or school social worker intern by a parent or guardian of such a pupil is confidential. Provides that the information must not become part of the pupil's record without the written consent of the person who disclosed the confidential information. Provides that the information must not be revealed, released, discussed, or referred [...]

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DCFS-CHILD ABUSE-STATES ATTY Amends the Abused and Neglected Child Reporting Act. Provides that whenever the Department of Children and Family Services receives, by means of its statewide toll-free telephone number established for the purpose of reporting suspected child abuse or neglect, a report of a newborn infant whose blood, urine, or meconium contains any amount of cocaine, the Department must immediately report that information to the State's Attorney of the county in which the infant was born. Effective immediately. House Amendment No. 1 Provides that these provisions also apply to a report received from a mandated reporter under the Act or by any other means, not just a report by means of the toll-free number. Provides that a report to the State's Attorney shall be made if the newborn infant's blood, urine, or meconium contains a controlled substance or metabolite thereof (rather than cocaine). House Amendment No. 2 Provides that these [...]

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ELDER ABUSE-OPTOMETRIST-REPORT Amends the Illinois Optometric Practice Act of 1987 and the Elder Abuse and Neglect Act. Provides that willfully failing to report an instance of suspected abuse or neglect (instead of child abuse or neglect) as required by law (instead of as required by the Abused and Neglected Child Reporting Act) is grounds for disciplinary action against an optometrist. Provides that any optometrist who willfully fails to report suspected elder abuse, neglect, financial exploitation, or self-neglect shall be referred to the Department of Financial and Professional Regulation for disciplinary action. House Amendment No. 1 Provides that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested [...]

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ANIMAL-ABUSE CROSS REPORTING Amends the Humane Care for Animals Act and the Abused and Neglected Child Reporting Act. Provides that an animal control officer or a humane society investigator with reasonable cause to suspect or believe that a child is being abused or neglected or is in danger of being abused or neglected must immediately make a written or oral report to the Department of Children and Family Services. Provides that any person required to report suspected child abuse or neglect under the Abused and Neglected Child Reporting Act must also immediately report suspected animal abuse or neglect or danger of animal abuse or neglect to the Department of Agriculture's Bureau of Animal Welfare. Preempts the excercise of home rule powers. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately. Senate Floor Amendment No. 1 Replaces everything after the enacting clause with provisions substantially [...]

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ELDER ABUSE-OPTOMETRIST-REPORT Amends the Illinois Optometric Practice Act of 1987 and the Elder Abuse and Neglect Act. Provides that willfully failing to report an instance of suspected abuse or neglect (instead of child abuse or neglect) as required by law (instead of as required by the Abused and Neglected Child Reporting Act) is grounds for disciplinary action against an optometrist. Provides that any optometrist who willfully fails to report suspected elder abuse, neglect, financial exploitation, or self-neglect shall be referred to the Department of Financial and Professional Regulation for disciplinary action. House Amendment No. 1 Provides that neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any rulemaking authority under the amendatory Act, but that the Governor may suggest rules by filing them with the General Assembly and requesting that the General Assembly authorize such rulemaking by law, enact the suggested [...]

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DCFS-CHILD ABUSE-STATES ATTY Amends the Abused and Neglected Child Reporting Act. Provides that whenever the Department of Children and Family Services receives, by means of its statewide toll-free telephone number established for the purpose of reporting suspected child abuse or neglect, a report of a newborn infant whose blood, urine, or meconium contains any amount of cocaine, the Department must immediately report that information to the State's Attorney of the county in which the infant was born. Effective immediately. House Amendment No. 1 Provides that these provisions also apply to a report received from a mandated reporter under the Act or by any other means, not just a report by means of the toll-free number. Provides that a report to the State's Attorney shall be made if the newborn infant's blood, urine, or meconium contains a controlled substance or metabolite thereof (rather than cocaine). House Amendment No. 2 Provides that these [...]

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SCH CD-CONFIDENTIALITY-COUNSEL Amends the School Code. Provides that any information of a personal nature disclosed by a pupil 12 years of age or older in the process of receiving (i) school counseling services from a school counselor or school counselor intern, (ii) school psychological services from a school psychologist or school psychologist intern, or (iii) school social work services from a school social worker or school social worker intern is confidential, and provides that any information of a personal nature disclosed to a school counselor or school counselor intern, a school psychologist or school psychologist intern, or a school social worker or school social worker intern by a parent or guardian of such a pupil is confidential. Provides that the information must not become part of the pupil's record without the written consent of the person who disclosed the confidential information. Provides that the information must not be revealed, released, discussed, or referred [...]

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CHILD ABUSE-REPORT-DPT JUV JUS Amends the Abused and Neglected Child Reporting Act. Provides that mandated reporters under the Act include field personnel of the Department of Juvenile Justice. Effective immediately. House Amendment No. 1 Adds reference to: 20 ILCS 505/5from Ch. 23, par. 5005705 ILCS 405/2-28from Ch. 37, par. 802-28 Amends the Children and Family Services Act. Provides that prior to final approval for placement of a child, the Department of Children and Family Services shall (i) conduct a criminal records background check of the prospective [...]

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CHILD ABUSE-UNREPORTED-PENALTY Amends the Abused and Neglected Child Reporting Act. Adds members of a school board, the Chicago Board of Education, or the governing body of a private school as mandated reporters. Provides that any person who knowingly and willfully violates any mandated-reporter provision of the Act other than a second or subsequent violation of transmitting a false report is guilty of a Class 4 felony (instead of a Class A misdemeanor) for a first violation and a Class 3 (instead of Class 4) felony for a second or subsequent violation. Effective immediately. Senate Floor Amendment No. 1 Restores the provisions of current law that a person who knowingly and willfully violates provisions concerning mandated reporting of suspected child abuse or neglect is guilty of a Class A misdemeanor (instead of a Class 4 felony) for a first violation and a Class 4 (instead of Class 3) felony for a second or subsequent violation. Senate Floor Amendment [...]

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DCFS-CITIZENS' REVIEW BOARD Creates the Children and Family Services Citizens' Review Board Act. Creates the Children and Family Services Citizens' Review Board for the purpose of reviewing the delivery of Department services and to investigate incidents and complaints related to the Department of Children and Family Services. Sets forth procedures for the membership and operation of the Board. Sets forth the powers and duties of the Board concerning its investigations. Requires confidentiality of certain records of the Board. Requires the Board to submit an annual report to the General Assembly, Governor, and Attorney General concerning its investigations. Amends the Public Meetings Act and the Freedom of Information Act to provide that the Board is not a "public body" with respect to those Acts. House Amendment No. 1 Makes a technical correction concerning members appointed by the Governor to the Children and Family Services Citizens' Review Board. House [...]

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