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| 1 | | AN ACT concerning State government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 1. The Illinois Police Training Act is amended by |
| 5 | | changing Section 7 as follows:
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| 6 | | (50 ILCS 705/7) (from Ch. 85, par. 507)
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| 7 | | Sec. 7. Rules and standards for schools. The Board shall |
| 8 | | adopt rules and
minimum standards for such schools which shall |
| 9 | | include, but not be limited to,
the following:
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| 10 | | a. The curriculum for probationary police officers |
| 11 | | which shall be
offered by all certified schools shall |
| 12 | | include, but not be limited to,
courses of procedural |
| 13 | | justice, arrest and use and control tactics, search and |
| 14 | | seizure, including temporary questioning, civil rights, |
| 15 | | human rights, human relations,
cultural competency, |
| 16 | | including implicit bias and racial and ethnic sensitivity,
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| 17 | | criminal law, law of criminal procedure, constitutional |
| 18 | | and proper use of law enforcement authority, vehicle and |
| 19 | | traffic law including
uniform and non-discriminatory |
| 20 | | enforcement of the Illinois Vehicle Code,
traffic control |
| 21 | | and accident investigation, techniques of obtaining
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| 22 | | physical evidence, court testimonies, statements, reports, |
| 23 | | firearms
training, training in the use of electronic |
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| 1 | | control devices, including the psychological and |
| 2 | | physiological effects of the use of those devices on |
| 3 | | humans, first-aid (including cardiopulmonary |
| 4 | | resuscitation), training in the administration of opioid |
| 5 | | antagonists as defined in paragraph (1) of subsection (e) |
| 6 | | of Section 5-23 of the Substance Use Disorder Act, handling |
| 7 | | of
juvenile offenders, recognition of
mental conditions |
| 8 | | and crises, including, but not limited to, the disease of |
| 9 | | addiction, which require immediate assistance and response |
| 10 | | and methods to
safeguard and provide assistance to a person |
| 11 | | in need of mental
treatment, recognition of abuse, neglect, |
| 12 | | financial exploitation, and self-neglect of adults with |
| 13 | | disabilities and older adults, as defined in Section 2 of |
| 14 | | the Adult Protective Services Act, crimes against the |
| 15 | | elderly, law of evidence, the hazards of high-speed police |
| 16 | | vehicle
chases with an emphasis on alternatives to the |
| 17 | | high-speed chase, and
physical training. The curriculum |
| 18 | | shall include specific training in
techniques for |
| 19 | | immediate response to and investigation of cases of |
| 20 | | domestic
violence and of sexual assault of adults and |
| 21 | | children, including cultural perceptions and common myths |
| 22 | | of sexual assault and sexual abuse as well as interview |
| 23 | | techniques that are age sensitive and are trauma informed, |
| 24 | | victim centered, and victim sensitive. The curriculum |
| 25 | | shall include
training in techniques designed to promote |
| 26 | | effective
communication at the initial contact with crime |
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| 1 | | victims and ways to comprehensively
explain to victims and |
| 2 | | witnesses their rights under the Rights
of Crime Victims |
| 3 | | and Witnesses Act and the Crime
Victims Compensation Act. |
| 4 | | The curriculum shall also include training in effective |
| 5 | | recognition of and responses to stress, trauma, and |
| 6 | | post-traumatic stress experienced by police officers. The |
| 7 | | curriculum shall include a block of instruction addressing |
| 8 | | the mandatory reporting requirements under the Abused and |
| 9 | | Neglected Child Reporting Act. The curriculum shall also |
| 10 | | include a block of instruction aimed at identifying and |
| 11 | | interacting with persons with autism and other |
| 12 | | developmental or physical disabilities, reducing barriers |
| 13 | | to reporting crimes against persons with autism, and |
| 14 | | addressing the unique challenges presented by cases |
| 15 | | involving victims or witnesses with autism and other |
| 16 | | developmental disabilities. The curriculum for
permanent |
| 17 | | police officers shall include, but not be limited to: (1) |
| 18 | | refresher
and in-service training in any of the courses |
| 19 | | listed above in this
subparagraph, (2) advanced courses in |
| 20 | | any of the subjects listed above in
this subparagraph, (3) |
| 21 | | training for supervisory personnel, and (4)
specialized |
| 22 | | training in subjects and fields to be selected by the |
| 23 | | board. The training in the use of electronic control |
| 24 | | devices shall be conducted for probationary police |
| 25 | | officers, including University police officers.
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| 26 | | b. Minimum courses of study, attendance requirements |
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| 1 | | and equipment
requirements.
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| 2 | | c. Minimum requirements for instructors.
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| 3 | | d. Minimum basic training requirements, which a |
| 4 | | probationary police
officer must satisfactorily complete |
| 5 | | before being eligible for permanent
employment as a local |
| 6 | | law enforcement officer for a participating local
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| 7 | | governmental agency. Those requirements shall include |
| 8 | | training in first aid
(including cardiopulmonary |
| 9 | | resuscitation).
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| 10 | | e. Minimum basic training requirements, which a |
| 11 | | probationary county
corrections officer must |
| 12 | | satisfactorily complete before being eligible for
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| 13 | | permanent employment as a county corrections officer for a |
| 14 | | participating
local governmental agency.
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| 15 | | f. Minimum basic training requirements which a |
| 16 | | probationary court
security officer must satisfactorily |
| 17 | | complete before being eligible for
permanent employment as |
| 18 | | a court security officer for a participating local
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| 19 | | governmental agency. The Board shall
establish those |
| 20 | | training requirements which it considers appropriate for |
| 21 | | court
security officers and shall certify schools to |
| 22 | | conduct that training.
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| 23 | | A person hired to serve as a court security officer |
| 24 | | must obtain from the
Board a certificate (i) attesting to |
| 25 | | his or her successful completion of the
training course; |
| 26 | | (ii) attesting to his or her satisfactory
completion of a |
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| 1 | | training program of similar content and number of hours |
| 2 | | that
has been found acceptable by the Board under the |
| 3 | | provisions of this Act; or
(iii) attesting to the Board's |
| 4 | | determination that the training
course is unnecessary |
| 5 | | because of the person's extensive prior law enforcement
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| 6 | | experience.
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| 7 | | Individuals who currently serve as court security |
| 8 | | officers shall be deemed
qualified to continue to serve in |
| 9 | | that capacity so long as they are certified
as provided by |
| 10 | | this Act within 24 months of June 1, 1997 (the effective |
| 11 | | date of Public Act 89-685). Failure to be so certified, |
| 12 | | absent a waiver from the
Board, shall cause the officer to |
| 13 | | forfeit his or her position.
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| 14 | | All individuals hired as court security officers on or |
| 15 | | after June 1, 1997 (the effective
date of Public Act |
| 16 | | 89-685) shall be certified within 12 months of the
date of |
| 17 | | their hire, unless a waiver has been obtained by the Board, |
| 18 | | or they
shall forfeit their positions.
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| 19 | | The Sheriff's Merit Commission, if one exists, or the |
| 20 | | Sheriff's Office if
there is no Sheriff's Merit Commission, |
| 21 | | shall maintain a list of all
individuals who have filed |
| 22 | | applications to become court security officers and
who meet |
| 23 | | the eligibility requirements established under this Act. |
| 24 | | Either
the Sheriff's Merit Commission, or the Sheriff's |
| 25 | | Office if no Sheriff's Merit
Commission exists, shall |
| 26 | | establish a schedule of reasonable intervals for
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| 1 | | verification of the applicants' qualifications under
this |
| 2 | | Act and as established by the Board.
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| 3 | | g. Minimum in-service training requirements, which a |
| 4 | | police officer must satisfactorily complete every 3 years. |
| 5 | | Those requirements shall include constitutional and proper |
| 6 | | use of law enforcement authority, procedural justice, |
| 7 | | civil rights, human rights, mental health awareness and |
| 8 | | response, reporting child abuse and neglect, and cultural |
| 9 | | competency. |
| 10 | | h. Minimum in-service training requirements, which a |
| 11 | | police officer must satisfactorily complete at least |
| 12 | | annually. Those requirements shall include law updates and |
| 13 | | use of force training which shall include scenario based |
| 14 | | training, or similar training approved by the Board. |
| 15 | | (Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, |
| 16 | | eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18; |
| 17 | | 100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff. |
| 18 | | 8-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
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| 19 | | Section 5. The Abused and Neglected Child Reporting Act is |
| 20 | | amended by changing Sections 4 and 11.5 as follows:
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| 21 | | (325 ILCS 5/4)
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| 22 | | Sec. 4. Persons required to report; privileged |
| 23 | | communications;
transmitting false report. |
| 24 | | (a) The following persons are required to immediately |
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| 1 | | report to the Department when they have reasonable cause to |
| 2 | | believe that a child known to them in their professional or |
| 3 | | official capacities may be an abused child or a neglected |
| 4 | | child: |
| 5 | | (1) Medical personnel, including any: physician |
| 6 | | licensed to practice medicine in any of its branches |
| 7 | | (medical doctor or doctor of osteopathy); resident; |
| 8 | | intern; medical administrator or personnel engaged in the |
| 9 | | examination, care, and treatment of persons; psychiatrist; |
| 10 | | surgeon; dentist; dental hygienist; chiropractic |
| 11 | | physician; podiatric physician; physician assistant; |
| 12 | | emergency medical technician; acupuncturist; registered |
| 13 | | nurse; licensed practical nurse; advanced practice |
| 14 | | registered nurse; genetic counselor; respiratory care |
| 15 | | practitioner; home health aide; or certified nursing |
| 16 | | assistant. |
| 17 | | (2) Social services and mental health personnel, |
| 18 | | including any: licensed professional counselor; licensed |
| 19 | | clinical professional counselor; licensed social worker; |
| 20 | | licensed clinical social worker; licensed psychologist or |
| 21 | | assistant working under the direct supervision of a |
| 22 | | psychologist; associate licensed marriage and family |
| 23 | | therapist; licensed marriage and family therapist; field |
| 24 | | personnel of the Departments of Healthcare and Family |
| 25 | | Services, Public Health, Human Services, Human Rights, or |
| 26 | | Children and Family Services; supervisor or administrator |
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| 1 | | of the General Assistance program established under |
| 2 | | Article VI of the Illinois Public Aid Code; social services |
| 3 | | administrator; or substance abuse treatment personnel. |
| 4 | | (3) Crisis intervention personnel, including any: |
| 5 | | crisis line or hotline personnel; or domestic violence |
| 6 | | program personnel. |
| 7 | | (4)
Education personnel, including any: school |
| 8 | | personnel (including administrators and certified and |
| 9 | | non-certified school employees); personnel of institutions |
| 10 | | of higher education; educational advocate assigned to a |
| 11 | | child in accordance with the School Code; member of a |
| 12 | | school board or the Chicago Board of Education or the |
| 13 | | governing body of a private school (but only to the extent |
| 14 | | required under subsection (d)); or truant officer. |
| 15 | | (5)
Recreation or athletic program or facility |
| 16 | | personnel. |
| 17 | | (6)
Child care personnel, including any: early |
| 18 | | intervention provider as defined in the Early Intervention |
| 19 | | Services System Act; director or staff assistant of a |
| 20 | | nursery school or a child day care center; or foster |
| 21 | | parent, homemaker, or child care worker. |
| 22 | | (7)
Law enforcement personnel, including any: law |
| 23 | | enforcement officer; field personnel of the Department of |
| 24 | | Juvenile Justice; field personnel of the Department of |
| 25 | | Corrections; probation officer; or animal control officer |
| 26 | | or field investigator of the Department of Agriculture's |
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| 1 | | Bureau of Animal Health and Welfare. |
| 2 | | (8)
Any funeral home director; funeral home director |
| 3 | | and embalmer; funeral home employee; coroner; or medical |
| 4 | | examiner. |
| 5 | | (9)
Any member of the clergy. |
| 6 | | (10) Any physician, physician assistant, registered |
| 7 | | nurse, licensed practical nurse, medical technician, |
| 8 | | certified nursing assistant, licensed social worker, |
| 9 | | licensed clinical social worker, or licensed professional |
| 10 | | counselor of any office, clinic, or any other physical |
| 11 | | location that provides abortions, abortion referrals, or |
| 12 | | contraceptives. |
| 13 | | (b) When 2 or more persons who work within the same |
| 14 | | workplace and are required to report under this Act share a |
| 15 | | reasonable cause to believe that a child may be an abused or |
| 16 | | neglected child, one of those reporters may be designated to |
| 17 | | make a single report. The report shall include the names and |
| 18 | | contact information for the other mandated reporters sharing |
| 19 | | the reasonable cause to believe that a child may be an abused |
| 20 | | or neglected child. The designated reporter must provide |
| 21 | | written confirmation of the report to those mandated reporters |
| 22 | | within 48 hours. If confirmation is not provided, those |
| 23 | | mandated reporters are individually responsible for |
| 24 | | immediately ensuring a report is made. Nothing in this Section |
| 25 | | precludes or may be used to preclude any person from reporting |
| 26 | | child abuse or child neglect. |
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| 1 | | (c)(1) As used in this Section, "a child known to them in |
| 2 | | their professional or official capacities" means: |
| 3 | | (A) the mandated reporter comes into contact with the |
| 4 | | child in the course of the reporter's employment or |
| 5 | | practice of a profession, or through a regularly scheduled |
| 6 | | program, activity, or service; |
| 7 | | (B) the mandated reporter is affiliated with an agency, |
| 8 | | institution, organization, school, school district, |
| 9 | | regularly established church or religious organization, or |
| 10 | | other entity that is directly responsible for the care, |
| 11 | | supervision, guidance, or training of the child; or |
| 12 | | (C) a person makes a specific disclosure to the |
| 13 | | mandated reporter that an identifiable child is the victim |
| 14 | | of child abuse or child neglect, and the disclosure happens |
| 15 | | while the mandated reporter is engaged in his or her |
| 16 | | employment or practice of a profession, or in a regularly |
| 17 | | scheduled program, activity, or service. |
| 18 | | (2) Nothing in this Section requires a child to come before |
| 19 | | the mandated reporter in order for the reporter to make a |
| 20 | | report of suspected child abuse or child neglect. |
| 21 | | Any physician, resident, intern, hospital,
hospital |
| 22 | | administrator
and personnel engaged in examination, care and |
| 23 | | treatment of persons, surgeon,
dentist, dentist hygienist, |
| 24 | | osteopath, chiropractor, podiatric physician, physician
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| 25 | | assistant, substance abuse treatment personnel, funeral home
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| 26 | | director or employee, coroner, medical examiner, emergency |
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| 1 | | medical technician,
acupuncturist, crisis line or hotline |
| 2 | | personnel, school personnel (including administrators and both |
| 3 | | certified and non-certified school employees), personnel of |
| 4 | | institutions of higher education, educational
advocate |
| 5 | | assigned to a child pursuant to the School Code, member of a |
| 6 | | school board or the Chicago Board of Education or the governing |
| 7 | | body of a private school (but only to the extent required in |
| 8 | | accordance with other provisions of this Section expressly |
| 9 | | concerning the duty of school board members to report suspected |
| 10 | | child abuse), truant officers,
social worker, social services |
| 11 | | administrator,
domestic violence program personnel, registered |
| 12 | | nurse, licensed
practical nurse, genetic counselor,
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| 13 | | respiratory care practitioner, advanced practice registered |
| 14 | | nurse, home
health aide, director or staff
assistant of a |
| 15 | | nursery school or a child day care center, recreational or |
| 16 | | athletic program
or facility personnel, early intervention |
| 17 | | provider as defined in the Early Intervention Services System |
| 18 | | Act, law enforcement officer, licensed professional
counselor, |
| 19 | | licensed clinical professional counselor, registered |
| 20 | | psychologist
and
assistants working under the direct |
| 21 | | supervision of a psychologist,
psychiatrist, or field |
| 22 | | personnel of the Department of Healthcare and Family Services,
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| 23 | | Juvenile Justice, Public Health, Human Services (acting as |
| 24 | | successor to the Department of Mental
Health and Developmental |
| 25 | | Disabilities, Rehabilitation Services, or Public Aid),
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| 26 | | Corrections, Human Rights, or Children and Family Services, |
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| 1 | | supervisor and
administrator of general assistance under the |
| 2 | | Illinois Public Aid Code,
probation officer, animal control |
| 3 | | officer or Illinois Department of Agriculture Bureau of Animal |
| 4 | | Health and Welfare field investigator, or any other foster |
| 5 | | parent, homemaker or child care worker
having reasonable cause |
| 6 | | to believe a child known to them in their professional
or |
| 7 | | official capacity may be an abused child or a neglected child |
| 8 | | shall
immediately report or cause a report to be made to the |
| 9 | | Department.
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| 10 | | Any member of the clergy having reasonable cause to believe |
| 11 | | that a child
known to that member of the clergy in his or her |
| 12 | | professional capacity may be
an abused child as defined in item |
| 13 | | (c) of the definition of "abused child" in
Section 3 of this |
| 14 | | Act shall immediately report or cause a report to be made to
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| 15 | | the Department.
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| 16 | | Any physician, physician's assistant, registered nurse, |
| 17 | | licensed practical nurse, medical technician, certified |
| 18 | | nursing assistant, social worker, or licensed professional |
| 19 | | counselor of any office, clinic, or any other physical location |
| 20 | | that provides abortions, abortion referrals, or contraceptives |
| 21 | | having reasonable cause to believe a child known to him or her |
| 22 | | in his or her professional
or official capacity may be an |
| 23 | | abused child or a neglected child shall
immediately report or |
| 24 | | cause a report to be made to the Department. |
| 25 | | (d) If an allegation is raised to a school board member |
| 26 | | during the course of an open or closed school board meeting |
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| 1 | | that a child who is enrolled in the school district of which he |
| 2 | | or she is a board member is an abused child as defined in |
| 3 | | Section 3 of this Act, the member shall direct or cause the |
| 4 | | school board to direct the superintendent of the school |
| 5 | | district or other equivalent school administrator to comply |
| 6 | | with the requirements of this Act concerning the reporting of |
| 7 | | child abuse. For purposes of this paragraph, a school board |
| 8 | | member is granted the authority in his or her individual |
| 9 | | capacity to direct the superintendent of the school district or |
| 10 | | other equivalent school administrator to comply with the |
| 11 | | requirements of this Act concerning the reporting of child |
| 12 | | abuse.
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| 13 | | Notwithstanding any other provision of this Act, if an |
| 14 | | employee of a school district has made a report or caused a |
| 15 | | report to be made to the Department under this Act involving |
| 16 | | the conduct of a current or former employee of the school |
| 17 | | district and a request is made by another school district for |
| 18 | | the provision of information concerning the job performance or |
| 19 | | qualifications of the current or former employee because he or |
| 20 | | she is an applicant for employment with the requesting school |
| 21 | | district, the general superintendent of the school district to |
| 22 | | which the request is being made must disclose to the requesting |
| 23 | | school district the fact that an employee of the school |
| 24 | | district has made a report involving the conduct of the |
| 25 | | applicant or caused a report to be made to the Department, as |
| 26 | | required under this Act. Only the fact that an employee of the |
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| 1 | | school district has made a report involving the conduct of the |
| 2 | | applicant or caused a report to be made to the Department may |
| 3 | | be disclosed by the general superintendent of the school |
| 4 | | district to which the request for information concerning the |
| 5 | | applicant is made, and this fact may be disclosed only in cases |
| 6 | | where the employee and the general superintendent have not been |
| 7 | | informed by the Department that the allegations were unfounded. |
| 8 | | An employee of a school district who is or has been the subject |
| 9 | | of a report made pursuant to this Act during his or her |
| 10 | | employment with the school district must be informed by that |
| 11 | | school district that if he or she applies for employment with |
| 12 | | another school district, the general superintendent of the |
| 13 | | former school district, upon the request of the school district |
| 14 | | to which the employee applies, shall notify that requesting |
| 15 | | school district that the employee is or was the subject of such |
| 16 | | a report.
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| 17 | | (e) Whenever
such person is required to report under this |
| 18 | | Act in his capacity as a member of
the staff of a medical or |
| 19 | | other public or private institution, school, facility
or |
| 20 | | agency, or as a member of the clergy, he shall
make report |
| 21 | | immediately to the Department in accordance
with the provisions |
| 22 | | of this Act and may also notify the person in charge of
such |
| 23 | | institution, school, facility or agency, or church, synagogue, |
| 24 | | temple,
mosque, or other religious institution, or his
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| 25 | | designated agent that such
report has been made. Under no |
| 26 | | circumstances shall any person in charge of
such institution, |
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| 1 | | school, facility or agency, or church, synagogue, temple,
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| 2 | | mosque, or other religious institution, or his
designated agent |
| 3 | | to whom
such notification has been made, exercise any control, |
| 4 | | restraint, modification
or other change in the report or the |
| 5 | | forwarding of such report to the
Department.
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| 6 | | (f) In addition to the persons required to report suspected |
| 7 | | cases of child abuse or child neglect under this Section, any |
| 8 | | other person may make a report if such person has reasonable |
| 9 | | cause to believe a child may be an abused child or a neglected |
| 10 | | child. |
| 11 | | (g) The privileged quality of communication between any |
| 12 | | professional
person required to report
and his patient or |
| 13 | | client shall not apply to situations involving abused or
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| 14 | | neglected children and shall not constitute grounds for failure |
| 15 | | to report
as required by this Act or constitute grounds for |
| 16 | | failure to share information or documents with the Department |
| 17 | | during the course of a child abuse or neglect investigation. If |
| 18 | | requested by the professional, the Department shall confirm in |
| 19 | | writing that the information or documents disclosed by the |
| 20 | | professional were gathered in the course of a child abuse or |
| 21 | | neglect investigation.
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| 22 | | The reporting requirements of this Act shall not apply to |
| 23 | | the contents of a privileged communication between an attorney |
| 24 | | and his or her client or to confidential information within the |
| 25 | | meaning of Rule 1.6 of the Illinois Rules of Professional |
| 26 | | Conduct relating to the legal representation of an individual |
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| 1 | | client. |
| 2 | | A member of the clergy may claim the privilege under |
| 3 | | Section 8-803 of the
Code of Civil Procedure.
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| 4 | | (h) Any office, clinic, or any other physical location that |
| 5 | | provides abortions, abortion referrals, or contraceptives |
| 6 | | shall provide to all office personnel copies of written |
| 7 | | information and training materials about abuse and neglect and |
| 8 | | the requirements of this Act that are provided to employees of |
| 9 | | the office, clinic, or physical location who are required to |
| 10 | | make reports to the Department under this Act, and instruct |
| 11 | | such office personnel to bring to the attention of an employee |
| 12 | | of the office, clinic, or physical location who is required to |
| 13 | | make reports to the Department under this Act any reasonable |
| 14 | | suspicion that a child known to him or her in his or her |
| 15 | | professional or official capacity may be an abused child or a |
| 16 | | neglected child. In addition to the above persons required to
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| 17 | | report suspected cases of abused or neglected children, any |
| 18 | | other person
may make a report if such person has reasonable |
| 19 | | cause to believe a child
may be an abused child or a neglected |
| 20 | | child.
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| 21 | | (i) Any person who enters into
employment on and after July |
| 22 | | 1, 1986 and is mandated by virtue of that
employment to report |
| 23 | | under this Act, shall sign a statement on a form
prescribed by |
| 24 | | the Department, to the effect that the employee has knowledge
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| 25 | | and understanding of the reporting requirements of this Act. On |
| 26 | | and after January 1, 2019, the statement
shall also include |
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| 1 | | information about available mandated reporter training |
| 2 | | provided by the Department. The statement
shall be signed prior |
| 3 | | to commencement of the employment. The signed
statement shall |
| 4 | | be retained by the employer. The cost of printing,
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| 5 | | distribution, and filing of the statement shall be borne by the |
| 6 | | employer.
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| 7 | | (j) Persons Within one year of initial employment and at |
| 8 | | least every 5 years thereafter, school personnel required to |
| 9 | | report child abuse or child neglect as provided under this |
| 10 | | Section must complete an initial mandated reporter training |
| 11 | | within 3 months of their date of engagement in a professional |
| 12 | | or official capacity as a mandated reporter, or within the time |
| 13 | | frame of any other applicable State law that governs training |
| 14 | | requirements for a specific profession, and at least every 3 |
| 15 | | years thereafter. The initial requirement only applies to the |
| 16 | | first time they engage in their professional or official |
| 17 | | capacity. In lieu of training every 3 years, medical personnel, |
| 18 | | as listed in paragraph (1) of subsection (a), must meet the |
| 19 | | requirements described in subsection (k). |
| 20 | | The trainings shall be in-person or web-based, and shall |
| 21 | | include, at a minimum, information on the following topics: (i) |
| 22 | | indicators for recognizing child abuse and child neglect, as |
| 23 | | defined under this Act; (ii) the process for reporting |
| 24 | | suspected child abuse and child neglect in Illinois as required |
| 25 | | by this Act and the required documentation; (iii) responding to |
| 26 | | a child in a trauma-informed manner; and (iv) understanding the |
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| 1 | | response of child protective services and the role of the |
| 2 | | reporter after a call has been made. Child-serving |
| 3 | | organizations are encouraged to provide in-person annual |
| 4 | | trainings. |
| 5 | | The mandated reporter training shall be provided through |
| 6 | | the Department, through an entity authorized to provide |
| 7 | | continuing education for professionals licensed through the |
| 8 | | Department of Financial and Professional Regulation, the State |
| 9 | | Board of Education, the Illinois Law Enforcement Training |
| 10 | | Standards Board, or the Department of State Police, or through |
| 11 | | an organization approved by the Department to provide mandated |
| 12 | | reporter training. The Department must make available a free |
| 13 | | web-based training for reporters. |
| 14 | | Each mandated reporter shall report to his or her employer |
| 15 | | and, when applicable, to his or her licensing or certification |
| 16 | | board that he or she received the mandated reporter training. |
| 17 | | The mandated reporter shall maintain records of completion. |
| 18 | | Beginning January 1, 2021, if a mandated reporter receives |
| 19 | | licensure from the Department of Financial and Professional |
| 20 | | Regulation or the State Board of Education, and his or her |
| 21 | | profession has continuing education requirements, the training |
| 22 | | mandated under this Section shall count toward meeting the |
| 23 | | licensee's required continuing education hours. |
| 24 | | by a provider or agency with expertise in recognizing and |
| 25 | | reporting child abuse. |
| 26 | | (k)(1) Medical personnel, as listed in paragraph (1) of |
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| 1 | | subsection (a), who work with children in their professional or |
| 2 | | official capacity, must complete mandated reporter training at |
| 3 | | least every 6 years. Such medical personnel, if licensed, must |
| 4 | | attest at each time of licensure renewal on their renewal form |
| 5 | | that they understand they are a mandated reporter of child |
| 6 | | abuse and neglect, that they are aware of the process for |
| 7 | | making a report, that they know how to respond to a child in a |
| 8 | | trauma-informed manner, and that they are aware of the role of |
| 9 | | child protective services and the role of a reporter after a |
| 10 | | call has been made. |
| 11 | | (2) In lieu of repeated training, medical personnel, as |
| 12 | | listed in paragraph (1) of subsection (a), who do not work with |
| 13 | | children in their professional or official capacity, may |
| 14 | | instead attest each time at licensure renewal on their renewal |
| 15 | | form that they understand they are a mandated reporter of child |
| 16 | | abuse and neglect, that they are aware of the process for |
| 17 | | making a report, that they know how to respond to a child in a |
| 18 | | trauma-informed manner, and that they are aware of the role of |
| 19 | | child protective services and the role of a reporter after a |
| 20 | | call has been made. Nothing in this paragraph precludes medical |
| 21 | | personnel from completing mandated reporter training and |
| 22 | | receiving continuing education credits for that training. |
| 23 | | (l) The Department shall provide copies of this Act, upon |
| 24 | | request, to all
employers employing persons who shall be |
| 25 | | required under the provisions of
this Section to report under |
| 26 | | this Act.
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| 1 | | (m) Any person who knowingly transmits a false report to |
| 2 | | the Department
commits the offense of disorderly conduct under |
| 3 | | subsection (a)(7) of
Section 26-1 of the Criminal Code of 2012. |
| 4 | | A violation of this provision is a Class 4 felony.
|
| 5 | | Any person who knowingly and willfully violates any |
| 6 | | provision of this
Section other than a second or subsequent |
| 7 | | violation of transmitting a
false report as described in the
|
| 8 | | preceding paragraph, is guilty of a
Class A misdemeanor for
a |
| 9 | | first violation and a Class
4 felony for a
second or subsequent |
| 10 | | violation; except that if the person acted as part
of a plan or |
| 11 | | scheme having as its object the
prevention of discovery of an |
| 12 | | abused or neglected child by lawful authorities
for the
purpose |
| 13 | | of protecting or insulating any person or entity from arrest or
|
| 14 | | prosecution, the
person is guilty of a Class 4 felony for a |
| 15 | | first offense and a Class 3 felony
for a second or
subsequent |
| 16 | | offense (regardless of whether the second or subsequent offense
|
| 17 | | involves any
of the same facts or persons as the first or other |
| 18 | | prior offense).
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| 19 | | (n) A child whose parent, guardian or custodian in good |
| 20 | | faith selects and depends
upon spiritual means through prayer |
| 21 | | alone for the treatment or cure of
disease or remedial care may |
| 22 | | be considered neglected or abused, but not for
the sole reason |
| 23 | | that his parent, guardian or custodian accepts and
practices |
| 24 | | such beliefs.
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| 25 | | (o) A child shall not be considered neglected or abused |
| 26 | | solely because the
child is not attending school in accordance |
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| 1 | | with the requirements of
Article 26 of the School Code, as |
| 2 | | amended.
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| 3 | | (p) Nothing in this Act prohibits a mandated reporter who |
| 4 | | reasonably believes that an animal is being abused or neglected |
| 5 | | in violation of the Humane Care for Animals Act from reporting |
| 6 | | animal abuse or neglect to the Department of Agriculture's |
| 7 | | Bureau of Animal Health and Welfare. |
| 8 | | (q) A home rule unit may not regulate the reporting of |
| 9 | | child abuse or neglect in a manner inconsistent with the |
| 10 | | provisions of this Section. This Section is a limitation under |
| 11 | | subsection (i) of Section 6 of Article VII of the Illinois |
| 12 | | Constitution on the concurrent exercise by home rule units of |
| 13 | | powers and functions exercised by the State. |
| 14 | | (r) For purposes of this Section "child abuse or neglect" |
| 15 | | includes abuse or neglect of an adult resident as defined in |
| 16 | | this Act. |
| 17 | | (Source: P.A. 100-513, eff. 1-1-18; 100-1071, eff. 1-1-19.)
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| 18 | | (325 ILCS 5/11.5) (from Ch. 23, par. 2061.5)
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| 19 | | Sec. 11.5. Public awareness program. |
| 20 | | (a) No later than 6 months after the effective date of this |
| 21 | | amendatory Act of the 101st General Assembly, the Department of |
| 22 | | Children and Family Services shall develop culturally |
| 23 | | sensitive materials on child abuse and child neglect, the |
| 24 | | statewide toll-free telephone number established under Section |
| 25 | | 7.6, and the process for reporting any reasonable suspicion of |
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| 1 | | child abuse or child neglect. |
| 2 | | The Department shall reach out to businesses and |
| 3 | | organizations to seek assistance in raising awareness about |
| 4 | | child abuse and child neglect and the statewide toll-free |
| 5 | | telephone number established under Section 7.6, including |
| 6 | | posting notices. The Department shall make a model notice |
| 7 | | available for download on the Department's website. The model |
| 8 | | notice shall: |
| 9 | | (1) be available in English, Spanish, and the 2 other |
| 10 | | languages most widely spoken in the State; |
| 11 | | (2) be at least 8 1/2 inches by 11 inches in size and |
| 12 | | written in a 16-point font; |
| 13 | | (3) include the following statement: |
| 14 | | "Protecting children is a responsibility we all |
| 15 | | share. It is important for every person to take child |
| 16 | | abuse and child neglect seriously, to be able to |
| 17 | | recognize when it happens, and to know what to do next. |
| 18 | | If you have reason to believe a child you know is being |
| 19 | | abused or neglected, call the State's child abuse |
| 20 | | hotline; and |
| 21 | | (4) include the statewide toll-free telephone number |
| 22 | | established under Section 7.6, and the Department's |
| 23 | | website address where more information about child abuse |
| 24 | | and child neglect is available. |
| 25 | | (b) Within the appropriation available, the Department |
| 26 | | shall conduct
a continuing education and training program for |
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| 1 | | State and local staff,
persons and officials required to |
| 2 | | report, the general public, and other
persons engaged in or |
| 3 | | intending to engage in the prevention, identification,
and |
| 4 | | treatment of child abuse and neglect. The program shall be |
| 5 | | designed
to encourage the fullest degree of reporting of known |
| 6 | | and suspected child
abuse and neglect, and to improve |
| 7 | | communication, cooperation, and coordination
among all |
| 8 | | agencies in the identification, prevention, and treatment of |
| 9 | | child
abuse and neglect. The program shall inform the general |
| 10 | | public and
professionals of the nature and extent of child |
| 11 | | abuse and neglect and their
responsibilities, obligations, |
| 12 | | powers and immunity from liability under
this Act. It may |
| 13 | | include information on the diagnosis of child abuse and
neglect |
| 14 | | and the roles and procedures of the Child Protective Service |
| 15 | | Unit,
the Department and central register, the courts and of |
| 16 | | the protective,
treatment, and ameliorative
services available |
| 17 | | to children and their families. Such information may
also |
| 18 | | include special needs of mothers at risk of delivering a child |
| 19 | | whose
life or development may be threatened by a disabling |
| 20 | | condition, to ensure
informed consent to treatment of the |
| 21 | | condition and understanding of the
unique child care |
| 22 | | responsibilities required for such a child. The program
may |
| 23 | | also encourage parents and other persons
having responsibility |
| 24 | | for the welfare of children to seek assistance on
their own in |
| 25 | | meeting their child care responsibilities and encourage the
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| 26 | | voluntary acceptance of available services when they are |
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| 1 | | needed. It may
also include publicity and dissemination of |
| 2 | | information on the existence
and number of the 24 hour, |
| 3 | | State-wide, toll-free telephone service to assist
persons |
| 4 | | seeking assistance and to receive reports of known and |
| 5 | | suspected
abuse and neglect.
|
| 6 | | (c) Within the appropriation available, the Department |
| 7 | | also shall conduct
a continuing education and training program |
| 8 | | for State and local staff
involved in investigating reports of |
| 9 | | child abuse or neglect made under this
Act. The program shall |
| 10 | | be designed to train such staff in the necessary
and |
| 11 | | appropriate procedures to be followed in investigating cases |
| 12 | | which it
appears may result in civil or criminal charges being |
| 13 | | filed against a
person. Program subjects shall include but not |
| 14 | | be limited to the gathering
of evidence with a view toward |
| 15 | | presenting such evidence in court and the
involvement of State |
| 16 | | or local law enforcement agencies in the investigation.
The |
| 17 | | program shall be conducted in cooperation with State or local |
| 18 | | law
enforcement agencies, State's Attorneys and other |
| 19 | | components of the
criminal justice system as the Department |
| 20 | | deems appropriate.
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| 21 | | (Source: P.A. 99-143, eff. 7-27-15.)
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