Sen. Julie A. Morrison
Filed: 4/5/2019
 
 


 




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1
AMENDMENT TO SENATE BILL 1778




2 AMENDMENT NO. ______. Amend Senate Bill 1778, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:


5 "Section 5. The Abused and Neglected Child Reporting Act is 
6amended by changing Sections 4 and 11.5 as follows:


7 (325 ILCS 5/4)



8 Sec. 4. Persons required to report; privileged 
9communications;
transmitting false report.  
10 (a) The following persons are required to immediately 
11report to the Department when they have reasonable cause to 
12believe that a child known to them in their professional or 
13official capacities may be an abused child or a neglected 
14child: 
15  (1) Medical personnel, including any: physician 
16 licensed to practice medicine in any of its branches 
 
 
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1 (medical doctor or doctor of osteopathy); resident; 
2 intern; medical administrator or personnel engaged in the 
3 examination, care, and treatment of persons; psychiatrist; 
4 surgeon; dentist; dental hygienist; chiropractic 
5 physician; podiatric physician; physician assistant; 
6 emergency medical technician; acupuncturist; registered 
7 nurse; licensed practical nurse; advanced practice 
8 registered nurse; genetic counselor; respiratory care 
9 practitioner; home health aide; or certified nursing 
10 assistant. 
11  (2) Social services and mental health personnel, 
12 including any: licensed professional counselor; licensed 
13 clinical professional counselor; licensed social worker; 
14 licensed clinical social worker; licensed psychologist or 
15 assistant working under the direct supervision of a 
16 psychologist; associate licensed marriage and family 
17 therapist; licensed marriage and family therapist; field 
18 personnel of the Departments of Healthcare and Family 
19 Services, Public Health, Human Services, Human Rights, or 
20 Children and Family Services; supervisor or administrator 
21 of the General Assistance program established under 
22 Article VI of the Illinois Public Aid Code; social services 
23 administrator; or substance abuse treatment personnel. 
24  (3) Crisis intervention personnel, including any: 
25 crisis line or hotline personnel; or domestic violence 
26 program personnel.
 
 
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1  (4)
Education personnel, including any: school 
2 personnel (including administrators and certified and 
3 non-certified school employees); personnel of institutions 
4 of higher education; educational advocate assigned to a 
5 child in accordance with the School Code; member of a 
6 school board or the Chicago Board of Education or the 
7 governing body of a private school (but only to the extent 
8 required under subsection (d)); or truant officer.
9  (5)
Recreation or athletic program or facility 
10 personnel.
11  (6)
Child care personnel, including any: early 
12 intervention provider as defined in the Early Intervention 
13 Services System Act; director or staff assistant of a 
14 nursery school or a child day care center; or foster 
15 parent, homemaker, or child care worker.
16  (7)
Law enforcement personnel, including any: law 
17 enforcement officer; field personnel of the Department of 
18 Juvenile Justice; field personnel of the Department of 
19 Corrections; probation officer; or animal control officer 
20 or field investigator of the Department of Agriculture's 
21 Bureau of Animal Health and Welfare.
22  (8)
Any funeral home director; funeral home director 
23 and embalmer; funeral home employee; coroner; or medical 
24 examiner.
25  (9)
Any member of the clergy. 
26  (10) Any physician, physician assistant, registered 
 
 
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1 nurse, licensed practical nurse, medical technician, 
2 certified nursing assistant, licensed social worker, 
3 licensed clinical social worker, or licensed professional 
4 counselor of any office, clinic, or any other physical 
5 location that provides abortions, abortion referrals, or 
6 contraceptives. 
7 (b) When 2 or more persons who work within the same 
8workplace and are required to report under this Act share a 
9reasonable cause to believe that a child may be an abused or 
10neglected child, one of those reporters may be designated to 
11make a single report. The report shall include the names and 
12contact information for the other mandated reporters sharing 
13the reasonable cause to believe that a child may be an abused 
14or neglected child. The designated reporter must provide 
15written confirmation of the report to those mandated reporters 
16within 48 hours. If confirmation is not provided, those 
17mandated reporters are individually responsible for 
18immediately ensuring a report is made. Nothing in this Section 
19precludes or may be used to preclude any person from reporting 
20child abuse or child neglect. 
21 (c)(1) As used in this Section, "a child known to them in 
22their professional or official capacities" means:
23  (A) the mandated reporter comes into contact with the 
24 child in the course of the reporter's employment or 
25 practice of a profession, or through a regularly scheduled 
26 program, activity, or service;
 
 
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1  (B) the mandated reporter is affiliated with an agency, 
2 institution, organization, school, school district, 
3 regularly established church or religious organization, or 
4 other entity that is directly responsible for the care, 
5 supervision, guidance, or training of the child; or
6  (C) a person makes a specific disclosure to the 
7 mandated reporter that an identifiable child is the victim 
8 of child abuse or child neglect, and the disclosure happens 
9 while the mandated reporter is engaged in his or her 
10 employment or practice of a profession, or in a regularly 
11 scheduled program, activity, or service. 
12 (2) Nothing in this Section requires a child to come before 
13the mandated reporter in order for the reporter to make a 
14report of suspected child abuse or child neglect.  
15Any physician, resident, intern, hospital,
hospital 
16administrator
and personnel engaged in examination, care and 
17treatment of persons, surgeon,
dentist, dentist hygienist, 
18osteopath, chiropractor, podiatric physician, physician

19assistant, substance abuse treatment personnel, funeral home

20director or employee, coroner, medical examiner, emergency 
21medical technician,
acupuncturist, crisis line or hotline 
22personnel, school personnel (including administrators and both 
23certified and non-certified school employees), personnel of 
24institutions of higher education, educational
advocate 
25assigned to a child pursuant to the School Code, member of a 
26school board or the Chicago Board of Education or the governing 
 
 
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1body of a private school (but only to the extent required in 
2accordance with other provisions of this Section expressly 
3concerning the duty of school board members to report suspected 
4child abuse), truant officers,
social worker, social services 
5administrator,
domestic violence program personnel, registered 
6nurse, licensed
practical nurse, genetic counselor,

7respiratory care practitioner, advanced practice registered 
8nurse, home
health aide, director or staff
assistant of a 
9nursery school or a child day care center, recreational or 
10athletic program
or facility personnel, early intervention 
11provider as defined in the Early Intervention Services System 
12Act, law enforcement officer, licensed professional
counselor, 
13licensed clinical professional counselor, registered 
14psychologist
and
assistants working under the direct 
15supervision of a psychologist,
psychiatrist, or field 
16personnel of the Department of Healthcare and Family Services,

17Juvenile Justice, Public Health, Human Services (acting as 
18successor to the Department of Mental
Health and Developmental 
19Disabilities, Rehabilitation Services, or Public Aid),

20Corrections, Human Rights, or Children and Family Services, 
21supervisor and
administrator of general assistance under the 
22Illinois Public Aid Code,
probation officer, animal control 
23officer or Illinois Department of Agriculture Bureau of Animal 
24Health and Welfare field investigator, or any other foster 
25parent, homemaker or child care worker
having reasonable cause 
26to believe a child known to them in their professional
or 
 
 
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1official capacity may be an abused child or a neglected child 
2shall
immediately report or cause a report to be made to the 
3Department.

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

9the Department.

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

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

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

19designated agent that such
report has been made. Under no 
20circumstances shall any person in charge of
such institution, 
21school, facility or agency, or church, synagogue, temple,

22mosque, or other religious institution, or his
designated agent 
23to whom
such notification has been made, exercise any control, 
24restraint, modification
or other change in the report or the 
25forwarding of such report to the
Department.

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

8neglected children and shall not constitute grounds for failure 
9to report
as required by this Act or constitute grounds for 
10failure to share information or documents with the Department 
11during the course of a child abuse or neglect investigation. If 
12requested by the professional, the Department shall confirm in 
13writing that the information or documents disclosed by the 
14professional were gathered in the course of a child abuse or 
15neglect investigation. 

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

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

11report suspected cases of abused or neglected children, any 
12other person
may make a report if such person has reasonable 
13cause to believe a child
may be an abused child or a neglected 
14child.

15 (i) Any person who enters into
employment on and after July 
161, 1986 and is mandated by virtue of that
employment to report 
17under this Act, shall sign a statement on a form
prescribed by 
18the Department, to the effect that the employee has knowledge

19and understanding of the reporting requirements of this Act. On 
20and after January 1, 2019, the statement
shall also include 
21information about available mandated reporter training 
22provided by the Department. The statement
shall be signed prior 
23to commencement of the employment. The signed
statement shall 
24be retained by the employer. The cost of printing,

25distribution, and filing of the statement shall be borne by the 
26employer.

 
 
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1 (j) Persons Within one year of initial employment and at 
2least every 5 years thereafter, school personnel required to 
3report child abuse or child neglect as provided under this 
4Section must complete mandated reporter training within 3 
5months of their date of engagement in a professional or 
6official capacity as a mandated reporter, and at least every 3 
7years thereafter. The initial 3-month requirement only applies 
8to the first time they engage in their professional or official 
9capacity and may be extended to 6 months pursuant to any other 
10applicable State law that governs training requirements for a 
11specific profession. In lieu of training every 3 years, medical 
12personnel, as listed in paragraph (1) of subsection (a), must 
13meet the requirements described in subsection (k).
14 The trainings shall be in-person or web-based, and shall 
15include, at a minimum, information on the following topics: (i) 
16indicators for recognizing child abuse and child neglect, as 
17defined under this Act; (ii) the process for reporting 
18suspected child abuse and child neglect in Illinois as required 
19by this Act and the required documentation; (iii) responding to 
20a child in a trauma-informed manner; and (iv) understanding the 
21response of child protective services and the role of the 
22reporter after a call has been made. Child-serving 
23organizations are encouraged to provide in-person annual 
24trainings. 
25 The mandated reporter training shall be provided through 
26the Department, through an entity authorized to provide 
 
 
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1continuing education for professionals licensed through the 
2Department of Financial and Professional Regulation, the State 
3Board of Education, the Illinois Law Enforcement Training 
4Standards Board, or the Department of State Police, or through 
5an organization approved by the Department to provide mandated 
6reporter training. The Department must make available a free 
7web-based training for reporters. 
8 Each mandated reporter shall report to his or her employer 
9and, when applicable, to his or her licensing or certification 
10board that he or she received the mandated reporter training. 
11The mandated reporter shall maintain records of completion. 
12 Beginning January 1, 2021, if a mandated reporter receives 
13licensure from the Department of Financial and Professional 
14Regulation or the State Board of Education, and his or her 
15profession has continuing education requirements, the training 
16mandated under this Section shall count toward meeting the 
17licensee's required continuing education hours. 
18by a provider or agency with expertise in recognizing and 
19reporting child abuse. 
20 (k)(1) Medical personnel, as listed in paragraph (1) of 
21subsection (a), who work with children in their professional or 
22official capacity, must complete mandated reporter training at 
23least every 6 years. Such medical personnel, if licensed, must 
24attest at each time of licensure renewal on their renewal form 
25that they understand they are a mandated reporter of child 
26abuse and neglect, that they are aware of the process for 
 
 
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1making a report, that they know how to respond to a child in a 
2trauma-informed manner, and that they are aware of the role of 
3child protective services and the role of a reporter after a 
4call has been made. 
5 (2) In lieu of repeated training, medical personnel, as 
6listed in paragraph (1) of subsection (a), who do not work with 
7children in their professional or official capacity, may 
8instead attest each time at licensure renewal on their renewal 
9form that they understand they are a mandated reporter of child 
10abuse and neglect, that they are aware of the process for 
11making a report, that they know how to respond to a child in a 
12trauma-informed manner, and that they are aware of the role of 
13child protective services and the role of a reporter after a 
14call has been made. Nothing in this paragraph precludes medical 
15personnel from completing mandated reporter training and 
16receiving continuing education credits for that training. 
17 (l) 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 (m) 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 (n) 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 (o) 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 (p) 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 (q) 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 (r) 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 culturally 
17sensitive materials on child abuse and child neglect, the 
18statewide toll-free telephone number established under Section 
197.6, and the process for reporting any reasonable suspicion of 
20child 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.)".