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HB3169 - 104th General Assembly

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HB3169 Enrolled
LRB104 10634 KTG 20711 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 Section 7.4 and by adding Section 11.10 as
6
follows:

7

(325 ILCS 5/7.4)
8

Sec. 7.4.
(a) The Department shall be capable of receiving
9
reports of suspected child abuse or neglect 24 hours a day, 7
10
days a week. Whenever the Department receives a report
11
alleging that a child is a truant as defined in Section 26-2a
12
of the School Code, as now or hereafter amended, the
13
Department shall notify the superintendent of the school
14
district in which the child resides and the appropriate
15
superintendent of the educational service region. The
16
notification to the appropriate officials by the Department
17
shall not be considered an allegation of abuse or neglect
18
under this Act.
19

(a-5) The Department of Children and Family Services may
20
implement a "differential response program" in accordance with
21
criteria, standards, and procedures prescribed by rule. The
22
program may provide that, upon receiving a report, the
23
Department shall determine whether to conduct a family

HB3169 Enrolled
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LRB104 10634 KTG 20711 b
1
assessment or an investigation as appropriate to prevent or
2
provide a remedy for child abuse or neglect.
3

For purposes of this subsection (a-5), "family assessment"
4
means a comprehensive assessment of child safety, risk of
5
subsequent child maltreatment, and family strengths and needs
6
that is applied to a child maltreatment report that does not
7
allege substantial child endangerment. "Family assessment"
8
does not include a determination as to whether child
9
maltreatment occurred but does determine the need for services
10
to address the safety of family members and the risk of
11
subsequent maltreatment.
12

For purposes of this subsection (a-5), "investigation"
13
means fact-gathering related to the current safety of a child
14
and the risk of subsequent abuse or neglect that determines
15
whether a report of suspected child abuse or neglect should be
16
indicated or unfounded and whether child protective services
17
are needed.
18

Under the "differential response program" implemented
19
under this subsection (a-5), the Department:
20

(1) Shall conduct an investigation on reports
21

involving substantial child abuse or neglect.
22

(2) Shall begin an immediate investigation if, at any
23

time when it is using a family assessment response, it
24

determines that there is reason to believe that
25

substantial child abuse or neglect or a serious threat to
26

the child's safety exists.

HB3169 Enrolled
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LRB104 10634 KTG 20711 b
1

(3) May conduct a family assessment for reports that
2

do not allege substantial child endangerment. In
3

determining that a family assessment is appropriate, the
4

Department may consider issues, including, but not limited
5

to, child safety, parental cooperation, and the need for
6

an immediate response.
7

(4) Shall promulgate criteria, standards, and
8

procedures that shall be applied in making this
9

determination, taking into consideration the Safety-Based
10

Child Welfare Intervention System of the Department.
11

(5) May conduct a family assessment on a report that
12

was initially screened and assigned for an investigation.
13

In determining that a complete investigation is not
14
required, the Department must document the reason for
15
terminating the investigation and notify the local law
16
enforcement agency or the Illinois State Police if the local
17
law enforcement agency or Illinois State Police is conducting
18
a joint investigation.
19

Once it is determined that a "family assessment" will be
20
implemented, the case shall not be reported to the central
21
register of abuse and neglect reports.
22

During a family assessment, the Department shall collect
23
any available and relevant information to determine child
24
safety, risk of subsequent abuse or neglect, and family
25
strengths.
26

Information collected includes, but is not limited to,

HB3169 Enrolled
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LRB104 10634 KTG 20711 b
1
when relevant: information with regard to the person reporting
2
the alleged abuse or neglect, including the nature of the
3
reporter's relationship to the child and to the alleged
4
offender, and the basis of the reporter's knowledge for the
5
report; the child allegedly being abused or neglected; the
6
alleged offender; the child's caretaker; and other collateral
7
sources having relevant information related to the alleged
8
abuse or neglect. Information relevant to the assessment must
9
be asked for, and may include:
10

(A) The child's sex and age, prior reports of abuse or
11

neglect, information relating to developmental
12

functioning, credibility of the child's statement, and
13

whether the information provided under this paragraph (A)
14

is consistent with other information collected during the
15

course of the assessment or investigation.
16

(B) The alleged offender's age, a record check for
17

prior reports of abuse or neglect, and criminal charges
18

and convictions. The alleged offender may submit
19

supporting documentation relevant to the assessment.
20

(C) Collateral source information regarding the
21

alleged abuse or neglect and care of the child. Collateral
22

information includes, when relevant: (i) a medical
23

examination of the child; (ii) prior medical records
24

relating to the alleged maltreatment or care of the child
25

maintained by any facility, clinic, or health care
26

professional, and an interview with the treating

HB3169 Enrolled
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LRB104 10634 KTG 20711 b
1

professionals; and (iii) interviews with the child's
2

caretakers, including the child's parent, guardian, foster
3

parent, child care provider, teachers, counselors, family
4

members, relatives, and other persons who may have
5

knowledge regarding the alleged maltreatment and the care
6

of the child.
7

(D) Information on the existence of domestic abuse and
8

violence in the home of the child, and substance abuse.
9

Nothing in this subsection (a-5) precludes the Department
10
from collecting other relevant information necessary to
11
conduct the assessment or investigation. Nothing in this
12
subsection (a-5) shall be construed to allow the name or
13
identity of a reporter to be disclosed in violation of the
14
protections afforded under Section 7.19 of this Act.
15

After conducting the family assessment, the Department
16
shall determine whether services are needed to address the
17
safety of the child and other family members and the risk of
18
subsequent abuse or neglect.
19

Upon completion of the family assessment, if the
20
Department concludes that no services shall be offered, then
21
the case shall be closed. If the Department concludes that
22
services shall be offered, the Department shall develop a
23
family preservation plan and offer or refer services to the
24
family.
25

At any time during a family assessment, if the Department
26
believes there is any reason to stop the assessment and

HB3169 Enrolled
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LRB104 10634 KTG 20711 b
1
conduct an investigation based on the information discovered,
2
the Department shall do so.
3

The procedures available to the Department in conducting
4
investigations under this Act shall be followed as appropriate
5
during a family assessment.
6

If the Department implements a differential response
7
program authorized under this subsection (a-5), the Department
8
shall arrange for an independent evaluation of the program for
9
at least the first 3 years of implementation to determine
10
whether it is meeting the goals in accordance with Section 2 of
11
this Act.
12

The Department may adopt administrative rules necessary
13
for the execution of this Section, in accordance with Section
14
4 of the Children and Family Services Act.
15

The Department shall submit a report to the General
16
Assembly by January 15, 2018 on the implementation progress
17
and recommendations for additional needed legislative changes.

18

(b)(1) The following procedures shall be followed in the
19
investigation of all reports of suspected abuse or neglect of
20
a child, except as provided in subsection (c) of this Section.

21

(2) If, during a family assessment authorized by
22
subsection (a-5) or an investigation, it appears that the
23
immediate safety or well-being of a child is endangered, that
24
the family may flee or the child disappear, or that the facts
25
otherwise so warrant, the Child Protective Service Unit shall
26
commence an investigation immediately, regardless of the time

HB3169 Enrolled
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LRB104 10634 KTG 20711 b
1
of day or night. All other investigations shall be commenced
2
within 24 hours of receipt of the report. Upon receipt of a
3
report, the Child Protective Service Unit shall conduct a
4
family assessment authorized by subsection (a-5) or begin an
5
initial investigation and make an initial determination
6
whether the report is a good faith indication of alleged child
7
abuse or neglect.

8

(3) Based on an initial investigation, if the Unit
9
determines the report is a good faith indication of alleged
10
child abuse or neglect, then a formal investigation shall
11
commence and, pursuant to Section 7.12 of this Act, may or may
12
not result in an indicated report. The formal investigation
13
shall include: direct contact with the subject or subjects of
14
the report as soon as possible after the report is received; an
15
evaluation of the environment of the child named in the report
16
and any other children in the same environment; a
17
determination of the risk to such children if they continue to
18
remain in the existing environments, as well as a
19
determination of the nature, extent and cause of any condition
20
enumerated in such report; the name, age and condition of
21
other children in the environment; and an evaluation as to
22
whether there would be an immediate and urgent necessity to
23
remove the child from the environment if appropriate family
24
preservation services were provided. After seeing to the
25
safety of the child or children, the Department shall
26
forthwith notify the subjects of the report in writing, of the

HB3169 Enrolled
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LRB104 10634 KTG 20711 b
1
existence of the report and their rights existing under this
2
Act in regard to amendment or expungement. To fulfill the
3
requirements of this Section, the Child Protective Service
4
Unit shall have the capability of providing or arranging for
5
comprehensive emergency services to children and families at
6
all times of the day or night.

7

(4) If (i) at the conclusion of the Unit's initial
8
investigation of a report, the Unit determines the report to
9
be a good faith indication of alleged child abuse or neglect
10
that warrants a formal investigation by the Unit, the
11
Department, any law enforcement agency or any other
12
responsible agency and (ii) the person who is alleged to have
13
caused the abuse or neglect is employed or otherwise engaged
14
in an activity resulting in frequent contact with children and
15
the alleged abuse or neglect are in the course of such
16
employment or activity, then the Department shall, except in
17
investigations where the Director determines that such
18
notification would be detrimental to the Department's
19
investigation, inform the appropriate supervisor or
20
administrator of that employment or activity that the Unit has
21
commenced a formal investigation pursuant to this Act, which
22
may or may not result in an indicated report. The Department
23
shall also notify the person being investigated, unless the
24
Director determines that such notification would be
25
detrimental to the Department's investigation.
26

(c) In an investigation of a report of suspected abuse or

HB3169 Enrolled
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LRB104 10634 KTG 20711 b
1
neglect of a child by a school employee at a school or on
2
school grounds, the Department shall make reasonable efforts
3
to follow the following procedures:
4

(1) Investigations involving teachers shall not, to
5

the extent possible, be conducted when the teacher is
6

scheduled to conduct classes. Investigations involving
7

other school employees shall be conducted so as to
8

minimize disruption of the school day. The school employee
9

accused of child abuse or neglect may have the school
10

employee's superior, the school employee's association or
11

union representative, and the school employee's attorney
12

present at any interview or meeting at which the teacher
13

or administrator is present. The accused school employee
14

shall be informed by a representative of the Department,
15

at any interview or meeting, of the accused school
16

employee's due process rights and of the steps in the
17

investigation process. These due process rights shall also
18

include the right of the school employee to present
19

countervailing evidence regarding the accusations. In an
20

investigation in which the alleged perpetrator of abuse or
21

neglect is a school employee, including, but not limited
22

to, a school teacher or administrator, and the
23

recommendation is to determine the report to be indicated,
24

in addition to other procedures as set forth and defined
25

in Department rules and procedures, the employee's due
26

process rights shall also include: (i) the right to a copy

HB3169 Enrolled
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LRB104 10634 KTG 20711 b
1

of the investigation summary; (ii) the right to review the
2

specific allegations which gave rise to the investigation;
3

and (iii) the right to an administrator's teleconference
4

which shall be convened to provide the school employee
5

with the opportunity to present documentary evidence or
6

other information that supports the school employee's
7

position and to provide information before a final finding
8

is entered.
9

(2) If a report of neglect or abuse of a child by a
10

teacher or administrator does not involve allegations of
11

sexual abuse or extreme physical abuse, the Child
12

Protective Service Unit shall make reasonable efforts to
13

conduct the initial investigation in coordination with the
14

employee's supervisor.
15

If the Unit determines that the report is a good faith
16

indication of potential child abuse or neglect, it shall
17

then commence a formal investigation under paragraph (3)
18

of subsection (b) of this Section.
19

(3) If a report of neglect or abuse of a child by a
20

teacher or administrator involves an allegation of sexual
21

abuse or extreme physical abuse, the Child Protective Unit
22

shall commence an investigation under paragraph (2) of
23

subsection (b) of this Section.
24

(c-5) In any instance in which a report is made or caused
25
to made by a school district employee involving the conduct of
26
a person employed by the school district, at the time the

HB3169 Enrolled
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LRB104 10634 KTG 20711 b
1
report was made, as required under Section 4 of this Act, the
2
Child Protective Service Unit shall send a copy of its final
3
finding report to the general superintendent of that school
4
district.
5

(c-10) The Department may recommend that a school district
6
remove a school employee who is the subject of an
7
investigation from the school employee's employment position
8
pending the outcome of the investigation; however, all
9
employment decisions regarding school personnel shall be the
10
sole responsibility of the school district or employer. The
11
Department may not require a school district to remove a
12
school employee from the school employee's employment position
13
or limit the school employee's duties pending the outcome of
14
an investigation.
15

(d) If the Department has contact with an employer, or
16
with a religious institution or religious official having
17
supervisory or hierarchical authority over a member of the
18
clergy accused of the abuse of a child, in the course of its
19
investigation, the Department shall notify the employer or the
20
religious institution or religious official, in writing, when
21
a report is unfounded so that any record of the investigation
22
can be expunged from the employee's or member of the clergy's
23
personnel or other records. The Department shall also notify
24
the employee or the member of the clergy, in writing, that
25
notification has been sent to the employer or to the
26
appropriate religious institution or religious official

HB3169 Enrolled
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LRB104 10634 KTG 20711 b
1
informing the employer or religious institution or religious
2
official that the Department's investigation has resulted in
3
an unfounded report.
4

(d-1) Whenever a report alleges that a child was abused or
5
neglected while receiving care in a hospital, including a
6
freestanding psychiatric hospital licensed by the Department
7
of Public Health, the Department shall send a copy of its final
8
finding to the Director of Public Health and the Director of
9
Healthcare and Family Services.
10

(d-2) In any investigation in which the Department will
11
request a professional's medical or forensic opinion about
12
whether a child's injury or medical condition may be the
13
result of abuse or neglect, the Department shall make
14
reasonable efforts to inform the parent or guardian of the
15
following within 24 hours after determining it will request
16
such opinion:
17

(A) that the Department will be requesting a
18

professional to issue a medical or forensic opinion to
19

inform its investigation as to whether the child's
20

injury or medical condition may be the result of abuse
21

or neglect, and indicating the professional's
22

specialty and any subspecialty;
23

(B) that the parent or guardian may seek, at his or
24

her own expense, and submit to the Department a second
25

medical or forensic opinion for consideration in the
26

investigation at any time prior to the conclusion of

HB3169 Enrolled
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LRB104 10634 KTG 20711 b
1

the investigation;
2

(C) that any second medical or forensic opinion
3

submitted to the Department prior to the Department
4

rendering a final determination in the investigation
5

will be considered as inculpatory or exculpatory
6

evidence;
7

(D) that the parent or guardian may request and
8

timely receive a copy of any medical or forensic
9

professional's written opinion, submitted to the
10

Department, as permitted to be released under State or
11

federal law; and
12

(E) any timeframes for the investigation process.

13

(e) Upon request by the Department, the Illinois State
14
Police and law enforcement agencies are authorized to provide
15
criminal history record information as defined in the Illinois
16
Uniform Conviction Information Act and information maintained
17
in the adjudicatory and dispositional record system as defined
18
in Section 2605-355 of the Illinois State Police Law to
19
properly designated employees of the Department of Children
20
and Family Services if the Department determines the
21
information is necessary to perform its duties under the
22
Abused and Neglected Child Reporting Act, the Child Care Act
23
of 1969, and the Children and Family Services Act. The request
24
shall be in the form and manner required by the Illinois State
25
Police. Any information obtained by the Department of Children
26
and Family Services under this Section is confidential and may

HB3169 Enrolled
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LRB104 10634 KTG 20711 b
1
not be transmitted outside the Department of Children and
2
Family Services other than to a court of competent
3
jurisdiction or unless otherwise authorized by law. Any
4
employee of the Department of Children and Family Services who
5
transmits confidential information in violation of this
6
Section or causes the information to be transmitted in
7
violation of this Section is guilty of a Class A misdemeanor
8
unless the transmittal of the information is authorized by
9
this Section or otherwise authorized by law.
10

(f) For purposes of this Section, "child abuse or neglect"
11
includes abuse or neglect of an adult resident as defined in
12
this Act.
13
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
14
103-460, eff. 1-1-24; 103-605, eff. 7-1-24.)

15

(325 ILCS 5/11.10 new)
16

Sec. 11.10.
Informational document; medical evaluations.
17

(a) On or before July 1, 2027, the Department shall post on
18
its website an informational document in a format that can be
19
easily downloaded and printed.
20

(b) The informational document under subsection (a) shall
21
include the following information:
22

(1) A brief overview of the Department's role and
23

responsibilities in responding to reports of suspected
24

abuse and neglect.
25

(2) A general description of why children receive

HB3169 Enrolled
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LRB104 10634 KTG 20711 b
1

medical evaluations when a child has injuries concerning
2

for abuse and neglect.

3

(3) A general description of the types of medical
4

professionals that may participate in the evaluation of a
5

child in a healthcare setting when abuse or neglect is
6

suspected.
7

(4) A general description of mandated reporting and
8

who in a health care facility is a mandated reporter.
9

(5) A statement indicating that a parent or guardian
10

may (i) seek a second medical or forensic opinion prior to
11

the conclusion of a child abuse or neglect investigation
12

and may access copies of medical records related to the
13

child, as permitted by State and federal law, and (ii)
14

retain legal representation.

15

(c) The informational document shall be prepared and
16
posted in English, Spanish, Polish, Chinese, and Arabic, and
17
shall be made available in additional languages upon request.

18

Section 10.
The Medical Patient Rights Act is amended by
19
adding Section 7.5 as follows:

20

(410 ILCS 50/7.5 new)
21

Sec. 7.5.
Notifications; minor patients.
22

(a) When a minor patient is brought to a health care
23
facility for evaluation, treatment, or care, the health care
24
facility shall provide a parent or guardian who is

HB3169 Enrolled
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LRB104 10634 KTG 20711 b
1
accompanying such minor patient with a copy of the
2
informational document prepared by the Department of Children
3
and Family Services in accordance with Section 11.10 of the
4
Abused and Neglected Child Reporting Act, in addition to any
5
statement required under Section 5 of this Act if applicable.
6
The document shall be provided digitally by email or text at an
7
email or cellular number provided by the parent or guardian
8
and shall be provided in the parent or guardian's primary
9
language, if available. If the document cannot be shared via
10
email or text, the health care facility shall provide a
11
printed copy to the parent or guardian who is accompanying the
12
minor patient.
13

(b) Any physician, medical student, resident, advanced
14
practice registered nurse, registered nurse, physician
15
assistant, or social worker who examines, treats, or provides
16
care to a minor patient that a parent or guardian has consented
17
to on behalf of the minor patient, or who discusses a minor
18
patient or a minor patient's injury, condition, or treatment
19
with a parent or guardian consenting to care on behalf of the
20
minor patient shall inform the parent or guardian who has
21
consented to care on behalf of that minor patient of the
22
professional's name, profession, specialty, and subspecialty,
23
if any, and the professional's role in the overall care of the
24
minor patient.
25

(c) Nothing in this Section shall be interpreted or
26
construed to diminish a minor patient's authority to consent

HB3169 Enrolled
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LRB104 10634 KTG 20711 b
1
to medical examination, treatment, or care otherwise provided
2
under State law, or the privacy and confidentiality
3
protections afforded by State or federal law to a minor
4
patient who consents to medical examination, treatment, or
5
care.

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