Sen. Julie A. Morrison
Filed: 3/22/2019
 
 


 




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1
AMENDMENT TO SENATE BILL 1778




2 AMENDMENT NO. ______. Amend Senate Bill 1778 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Abused and Neglected Child Reporting Act is 
5amended by changing Sections 4 and 11.5 as follows:


6 (325 ILCS 5/4)



7 Sec. 4. Persons required to report; privileged 
8communications;
transmitting false report.  
9 (a) The following persons are required to immediately 
10report to the Department when they have reasonable cause to 
11believe that a child known to them in their professional or 
12official capacities may be an abused child or a neglected 
13child: 
14  (1) Medical personnel, including any: physician 
15 licensed to practice medicine in any of its branches 
16 (medical doctor or doctor of osteopathy); resident; 
 
 
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1 intern; medical administrator or personnel engaged in the 
2 examination, care, and treatment of persons; psychiatrist; 
3 surgeon; dentist; dental hygienist; chiropractic 
4 physician; podiatric physician; physician assistant; 
5 emergency medical technician; acupuncturist; registered 
6 nurse; licensed practical nurse; advanced practice 
7 registered nurse; genetic counselor; respiratory care 
8 practitioner; home health aide; or certified nursing 
9 assistant. 
10  (2) Social services and mental health personnel, 
11 including any: licensed professional counselor; licensed 
12 clinical professional counselor; licensed social worker; 
13 licensed clinical social worker; licensed psychologist or 
14 assistant working under the direct supervision of a 
15 psychologist; associate licensed marriage and family 
16 therapist; licensed marriage and family therapist; field 
17 personnel of the Departments of Healthcare and Family 
18 Services, Public Health, Human Services, Human Rights, or 
19 Children and Family Services; supervisor or administrator 
20 of the General Assistance program established under 
21 Article VI of the Illinois Public Aid Code; social services 
22 administrator; or substance abuse treatment personnel. 
23  (3) Crisis intervention personnel, including any: 
24 crisis line or hotline personnel; or domestic violence 
25 program personnel.
26  (4)
Education personnel, including any: school 
 
 
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1 personnel (including administrators and certified and 
2 non-certified school employees); personnel of institutions 
3 of higher education; educational advocate assigned to a 
4 child in accordance with the School Code; member of a 
5 school board or the Chicago Board of Education or the 
6 governing body of a private school (but only to the extent 
7 required in accordance with other provisions of this 
8 Section expressly concerning the duty of school board 
9 members to report suspected child abuse); or truant 
10 officer.
11  (5)
Recreation or athletic program or facility 
12 personnel.
13  (6)
Child care personnel, including any: early 
14 intervention provider as defined in the Early Intervention 
15 Services System Act; director or staff assistant of a 
16 nursery school or a child day care center; or foster 
17 parent, homemaker, or child care worker.
18  (7)
Law enforcement personnel, including any: law 
19 enforcement officer; field personnel of the Department of 
20 Juvenile Justice; field personnel of the Department of 
21 Corrections; probation officer; or animal control officer 
22 or field investigator of the Department of Agriculture's 
23 Bureau of Animal Health and Welfare.
24  (8)
Any funeral home director; funeral home director 
25 and embalmer; funeral home employee; coroner; or medical 
26 examiner.
 
 
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1  (9)
Any member of the clergy. 
2  (10) Any physician, physician assistant, registered 
3 nurse, licensed practical nurse, medical technician, 
4 certified nursing assistant, licensed social worker, 
5 licensed clinical social worker, or licensed professional 
6 counselor of any office, clinic, or any other physical 
7 location that provides abortions, abortion referrals, or 
8 contraceptives. 
9 (b) When 2 or more persons who work within the same 
10workplace and are required to report under this Act share a 
11reasonable cause to believe that a child may be an abused or 
12neglected child, a single report may be made by a designated 
13reporter. The report shall include the names and contact 
14information for the other mandated reporters sharing the 
15reasonable cause to believe that a child may be an abused or 
16neglected child. The designated reporter must provide written 
17confirmation of the report to those mandated reporters within 
1848 hours. If confirmation is not provided, those mandated 
19reporters are individually responsible for immediately 
20ensuring a report is made. Nothing in this Section precludes 
21any person from reporting child abuse or child neglect. 
22 (c)(1) As used in this Section, "a child known to them in 
23their professional or official capacities" means:
24  (A) the mandated reporter comes into contact with the 
25 child in the course of the reporter's employment or 
26 practice of a profession, or through a regularly scheduled 
 
 
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1 program, activity, or service;
2  (B) the mandated reporter is affiliated with an agency, 
3 institution, organization, school, school district, 
4 regularly established church or religious organization, or 
5 other entity that is directly responsible for the care, 
6 supervision, guidance, or training of the child; or
7  (C) a person makes a specific disclosure to the 
8 mandated reporter that an identifiable child is the victim 
9 of child abuse or child neglect, and the disclosure happens 
10 while the mandated reporter is engaged in his or her 
11 employment or practice of a profession, or in a regularly 
12 scheduled program, activity, or service. 
13 (2) Nothing in this Section requires a child to come before 
14the mandated reporter in order for the reporter to make a 
15report of suspected child abuse or child neglect.  
16Any physician, resident, intern, hospital,
hospital 
17administrator
and personnel engaged in examination, care and 
18treatment of persons, surgeon,
dentist, dentist hygienist, 
19osteopath, chiropractor, podiatric physician, physician

20assistant, substance abuse treatment personnel, funeral home

21director or employee, coroner, medical examiner, emergency 
22medical technician,
acupuncturist, crisis line or hotline 
23personnel, school personnel (including administrators and both 
24certified and non-certified school employees), personnel of 
25institutions of higher education, educational
advocate 
26assigned to a child pursuant to the School Code, member of a 
 
 
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1school board or the Chicago Board of Education or the governing 
2body of a private school (but only to the extent required in 
3accordance with other provisions of this Section expressly 
4concerning the duty of school board members to report suspected 
5child abuse), truant officers,
social worker, social services 
6administrator,
domestic violence program personnel, registered 
7nurse, licensed
practical nurse, genetic counselor,

8respiratory care practitioner, advanced practice registered 
9nurse, home
health aide, director or staff
assistant of a 
10nursery school or a child day care center, recreational or 
11athletic program
or facility personnel, early intervention 
12provider as defined in the Early Intervention Services System 
13Act, law enforcement officer, licensed professional
counselor, 
14licensed clinical professional counselor, registered 
15psychologist
and
assistants working under the direct 
16supervision of a psychologist,
psychiatrist, or field 
17personnel of the Department of Healthcare and Family Services,

18Juvenile Justice, Public Health, Human Services (acting as 
19successor to the Department of Mental
Health and Developmental 
20Disabilities, Rehabilitation Services, or Public Aid),

21Corrections, Human Rights, or Children and Family Services, 
22supervisor and
administrator of general assistance under the 
23Illinois Public Aid Code,
probation officer, animal control 
24officer or Illinois Department of Agriculture Bureau of Animal 
25Health and Welfare field investigator, or any other foster 
26parent, homemaker or child care worker
having reasonable cause 
 
 
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1to believe a child known to them in their professional
or 
2official capacity may be an abused child or a neglected child 
3shall
immediately report or cause a report to be made to the 
4Department.

5 Any member of the clergy having reasonable cause to believe 
6that a child
known to that member of the clergy in his or her 
7professional capacity may be
an abused child as defined in item 
8(c) of the definition of "abused child" in
Section 3 of this 
9Act shall immediately report or cause a report to be made to

10the Department.

11 Any physician, physician's assistant, registered nurse, 
12licensed practical nurse, medical technician, certified 
13nursing assistant, social worker, or licensed professional 
14counselor of any office, clinic, or any other physical location 
15that provides abortions, abortion referrals, or contraceptives 
16having reasonable cause to believe a child known to him or her 
17in his or her professional
or official capacity may be an 
18abused child or a neglected child shall
immediately report or 
19cause a report to be made to the Department.
20 (d) If an allegation is raised to a school board member 
21during the course of an open or closed school board meeting 
22that a child who is enrolled in the school district of which he 
23or she is a board member is an abused child as defined in 
24Section 3 of this Act, the member shall direct or cause the 
25school board to direct the superintendent of the school 
26district or other equivalent school administrator to comply 
 
 
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1with the requirements of this Act concerning the reporting of 
2child abuse. For purposes of this paragraph, a school board 
3member is granted the authority in his or her individual 
4capacity to direct the superintendent of the school district or 
5other equivalent school administrator to comply with the 
6requirements of this Act concerning the reporting of child 
7abuse.

8 Notwithstanding any other provision of this Act, if an 
9employee of a school district has made a report or caused a 
10report to be made to the Department under this Act involving 
11the conduct of a current or former employee of the school 
12district and a request is made by another school district for 
13the provision of information concerning the job performance or 
14qualifications of the current or former employee because he or 
15she is an applicant for employment with the requesting school 
16district, the general superintendent of the school district to 
17which the request is being made must disclose to the requesting 
18school district the fact that an employee of the school 
19district has made a report involving the conduct of the 
20applicant or caused a report to be made to the Department, as 
21required under this Act. Only the fact that an employee of the 
22school district has made a report involving the conduct of the 
23applicant or caused a report to be made to the Department may 
24be disclosed by the general superintendent of the school 
25district to which the request for information concerning the 
26applicant is made, and this fact may be disclosed only in cases 
 
 
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1where the employee and the general superintendent have not been 
2informed by the Department that the allegations were unfounded. 
3An employee of a school district who is or has been the subject 
4of a report made pursuant to this Act during his or her 
5employment with the school district must be informed by that 
6school district that if he or she applies for employment with 
7another school district, the general superintendent of the 
8former school district, upon the request of the school district 
9to which the employee applies, shall notify that requesting 
10school district that the employee is or was the subject of such 
11a report.

12 (e) Whenever
such person is required to report under this 
13Act in his capacity as a member of
the staff of a medical or 
14other public or private institution, school, facility
or 
15agency, or as a member of the clergy, he shall
make report 
16immediately to the Department in accordance
with the provisions 
17of this Act and may also notify the person in charge of
such 
18institution, school, facility or agency, or church, synagogue, 
19temple,
mosque, or other religious institution, or his

20designated agent that such
report has been made. Under no 
21circumstances shall any person in charge of
such institution, 
22school, facility or agency, or church, synagogue, temple,

23mosque, or other religious institution, or his
designated agent 
24to whom
such notification has been made, exercise any control, 
25restraint, modification
or other change in the report or the 
26forwarding of such report to the
Department.

 
 
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1 (f) In addition to the persons required to report suspected 
2cases of child abuse or child neglect under this Section, any 
3other person may make a report if such person has reasonable 
4cause to believe a child may be an abused child or a neglected 
5child. 
6 (g) The privileged quality of communication between any 
7professional
person required to report
and his patient or 
8client shall not apply to situations involving abused or

9neglected children and shall not constitute grounds for failure 
10to report
as required by this Act or constitute grounds for 
11failure to share information or documents with the Department 
12during the course of a child abuse or neglect investigation. If 
13requested by the professional, the Department shall confirm in 
14writing that the information or documents disclosed by the 
15professional were gathered in the course of a child abuse or 
16neglect investigation. 

17 The reporting requirements of this Act shall not apply to 
18the contents of a privileged communication between an attorney 
19and his or her client or to confidential information within the 
20meaning of Rule 1.6 of the Illinois Rules of Professional 
21Conduct relating to the legal representation of an individual 
22client. 
23 A member of the clergy may claim the privilege under 
24Section 8-803 of the
Code of Civil Procedure.

25 (h) Any office, clinic, or any other physical location that 
26provides abortions, abortion referrals, or contraceptives 
 
 
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1shall provide to all office personnel copies of written 
2information and training materials about abuse and neglect and 
3the requirements of this Act that are provided to employees of 
4the office, clinic, or physical location who are required to 
5make reports to the Department under this Act, and instruct 
6such office personnel to bring to the attention of an employee 
7of the office, clinic, or physical location who is required to 
8make reports to the Department under this Act any reasonable 
9suspicion that a child known to him or her in his or her 
10professional or official capacity may be an abused child or a 
11neglected child. In addition to the above persons required to

12report suspected cases of abused or neglected children, any 
13other person
may make a report if such person has reasonable 
14cause to believe a child
may be an abused child or a neglected 
15child.

16 (i) Any person who enters into
employment on and after July 
171, 1986 and is mandated by virtue of that
employment to report 
18under this Act, shall sign a statement on a form
prescribed by 
19the Department, to the effect that the employee has knowledge

20and understanding of the reporting requirements of this Act. On 
21and after January 1, 2019, the statement
shall also include 
22information about available mandated reporter training 
23provided by the Department. The statement
shall be signed prior 
24to commencement of the employment. The signed
statement shall 
25be retained by the employer. The cost of printing,

26distribution, and filing of the statement shall be borne by the 
 
 
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1employer.

2 (j) Persons Within one year of initial employment and at 
3least every 5 years thereafter, school personnel required to 
4report child abuse or child neglect as provided under this 
5Section must complete mandated reporter training within 3 
6months of their date of engagement in a professional or 
7official capacity as a mandated reporter, and at least every 3 
8years thereafter. The initial 3-month requirement only applies 
9to the first time they engage in their professional or official 
10capacity.
11 The trainings shall be in-person or web-based, and shall 
12include, at a minimum, information on the following topics: (i) 
13indicators for recognizing child abuse and child neglect, as 
14defined under this Act; (ii) the process for reporting 
15suspected child abuse and child neglect in Illinois as required 
16by this Act and the required documentation; (iii) responding to 
17a child in a trauma-informed manner; and (iv) understanding the 
18response of child protective services and the role of the 
19reporter after a call has been made. Child-serving 
20organizations are encouraged to provide in-person annual 
21trainings. 
22 The mandated reporter training shall be provided through 
23the Department, through an entity authorized to provide 
24continuing education for professionals licensed through the 
25Department of Financial and Professional Regulation, the State 
26Board of Education, the Illinois Law Enforcement Training 
 
 
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1Standards Board, or the Department of State Police, or through 
2an organization approved by the Department to provide mandated 
3reporter training. The Department must make available a free 
4web-based training for reporters. 
5 Each mandated reporter shall report to his or her employer 
6and, when applicable, to his or her licensing or certification 
7board that he or she received the mandated reporter training. 
8The mandated reporter shall maintain records of completion. 
9 Beginning January 1, 2021, if a mandated reporter receives 
10licensure from the Department of Financial and Professional 
11Regulation or the State Board of Education, and his or her 
12profession has continuing education requirements, the training 
13mandated under this Section shall count towards meeting the 
14licensee's required continuing education hours. 
15by a provider or agency with expertise in recognizing and 
16reporting child abuse. 
17 (k) The Department shall provide copies of this Act, upon 
18request, to all
employers employing persons who shall be 
19required under the provisions of
this Section to report under 
20this Act.

21 (l) Any person who knowingly transmits a false report to 
22the Department
commits the offense of disorderly conduct under 
23subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. 
24A violation of this provision is a Class 4 felony.

25 Any person who knowingly and willfully violates any 
26provision of this
Section other than a second or subsequent 
 
 
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1violation of transmitting a
false report as described in the

2preceding paragraph, is guilty of a
Class A misdemeanor for
a 
3first violation and a Class
4 felony for a
second or subsequent 
4violation; except that if the person acted as part
of a plan or 
5scheme having as its object the
prevention of discovery of an 
6abused or neglected child by lawful authorities
for the
purpose 
7of protecting or insulating any person or entity from arrest or

8prosecution, the
person is guilty of a Class 4 felony for a 
9first offense and a Class 3 felony
for a second or
subsequent 
10offense (regardless of whether the second or subsequent offense

11involves any
of the same facts or persons as the first or other 
12prior offense).

13 (m) A child whose parent, guardian or custodian in good 
14faith selects and depends
upon spiritual means through prayer 
15alone for the treatment or cure of
disease or remedial care may 
16be considered neglected or abused, but not for
the sole reason 
17that his parent, guardian or custodian accepts and
practices 
18such beliefs.

19 (n) A child shall not be considered neglected or abused 
20solely because the
child is not attending school in accordance 
21with the requirements of
Article 26 of the School Code, as 
22amended.

23 (o) Nothing in this Act prohibits a mandated reporter who 
24reasonably believes that an animal is being abused or neglected 
25in violation of the Humane Care for Animals Act from reporting 
26animal abuse or neglect to the Department of Agriculture's 
 
 
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1Bureau of Animal Health and Welfare.
2 (p) A home rule unit may not regulate the reporting of 
3child abuse or neglect in a manner inconsistent with the 
4provisions of this Section. This Section is a limitation under 
5subsection (i) of Section 6 of Article VII of the Illinois 
6Constitution on the concurrent exercise by home rule units of 
7powers and functions exercised by the State. 
8 (q) For purposes of this Section "child abuse or neglect" 
9includes abuse or neglect of an adult resident as defined in 
10this Act. 
11(Source: P.A. 100-513, eff. 1-1-18; 100-1071, eff. 1-1-19.)





12 (325 ILCS 5/11.5) (from Ch. 23, par. 2061.5)



13 Sec. 11.5. Public awareness program. 
14 (a) No later than 6 months after the effective date of this 
15amendatory Act of the 101st General Assembly, the Department of 
16Children and Family Services shall develop 
17culturally-sensitive materials on child abuse and child 
18neglect, the statewide toll-free telephone number established 
19under Section 7.6, and the process for reporting any reasonable 
20suspicion of child abuse or child neglect. 
21 The Department shall reach out to businesses and 
22organizations to seek assistance in raising awareness about 
23child abuse and child neglect and the statewide toll-free 
24telephone number established under Section 7.6, including 
25posting notices. The Department shall make a model notice 
 
 
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1available for download on the Department's website. The model 
2notice shall: 
3  (1) be available in English, Spanish, and the 2 other 
4 languages most widely spoken in the State;
5  (2) be at least 8 1/2 inches by 11 inches in size and 
6 written in a 16-point font;
7  (3) include the following statement: 
8   "Protecting children is a responsibility we all 
9 share. It is important for every person to take child 
10 abuse and child neglect seriously, to be able to 
11 recognize when it happens, and to know what to do next. 
12 If you have reason to believe a child you know is being 
13 abused or neglected, call the State's child abuse 
14 hotline; and 
15  (4) include the statewide toll-free telephone number 
16 established under Section 7.6, and the Department's 
17 website address where more information about child abuse 
18 and child neglect is available.
19 (b) Within the appropriation available, the Department 
20shall conduct
a continuing education and training program for 
21State and local staff,
persons and officials required to 
22report, the general public, and other
persons engaged in or 
23intending to engage in the prevention, identification,
and 
24treatment of child abuse and neglect. The program shall be 
25designed
to encourage the fullest degree of reporting of known 
26and suspected child
abuse and neglect, and to improve 
 
 
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1communication, cooperation, and coordination
among all 
2agencies in the identification, prevention, and treatment of 
3child
abuse and neglect. The program shall inform the general 
4public and
professionals of the nature and extent of child 
5abuse and neglect and their
responsibilities, obligations, 
6powers and immunity from liability under
this Act. It may 
7include information on the diagnosis of child abuse and
neglect 
8and the roles and procedures of the Child Protective Service 
9Unit,
the Department and central register, the courts and of 
10the protective,
treatment, and ameliorative
services available 
11to children and their families. Such information may
also 
12include special needs of mothers at risk of delivering a child 
13whose
life or development may be threatened by a disabling 
14condition, to ensure
informed consent to treatment of the 
15condition and understanding of the
unique child care 
16responsibilities required for such a child. The program
may 
17also encourage parents and other persons
having responsibility 
18for the welfare of children to seek assistance on
their own in 
19meeting their child care responsibilities and encourage the

20voluntary acceptance of available services when they are 
21needed. It may
also include publicity and dissemination of 
22information on the existence
and number of the 24 hour, 
23State-wide, toll-free telephone service to assist
persons 
24seeking assistance and to receive reports of known and 
25suspected
abuse and neglect.

26 (c) Within the appropriation available, the Department 
 
 
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1also shall conduct
a continuing education and training program 
2for State and local staff
involved in investigating reports of 
3child abuse or neglect made under this
Act. The program shall 
4be designed to train such staff in the necessary
and 
5appropriate procedures to be followed in investigating cases 
6which it
appears may result in civil or criminal charges being 
7filed against a
person. Program subjects shall include but not 
8be limited to the gathering
of evidence with a view toward 
9presenting such evidence in court and the
involvement of State 
10or local law enforcement agencies in the investigation.
The 
11program shall be conducted in cooperation with State or local 
12law
enforcement agencies, State's Attorneys and other 
13components of the
criminal justice system as the Department 
14deems appropriate.

15(Source: P.A. 99-143, eff. 7-27-15.)".