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1		AN ACT concerning State government.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Abused and Neglected Child Reporting Act is
5		amended by changing Sections 4 and 11.5 as follows:
6		(325 ILCS 5/4)
7		Sec. 4. Persons required to report; privileged
8		communications; transmitting false report.
9		(a) The following persons are required to immediately
10		report to the Department when they have reasonable cause to
11		believe that a child known to them in their professional or
12		official capacities may be an abused child or a neglected
13		child:
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;
17		intern; medical administrator or personnel engaged in the
18		examination, care, and treatment of persons; psychiatrist;
19		surgeon; dentist; dental hygienist; chiropractic
20		physician; podiatric physician; physician assistant;
21		emergency medical technician; acupuncturist; registered
22		nurse; licensed practical nurse; advanced practice
23		registered nurse; genetic counselor; respiratory care

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1		practitioner; home health aide; or certified nursing
2		assistant.
3		(2) Social services and mental health personnel,
4		including any: licensed professional counselor; licensed
5		clinical professional counselor; licensed social worker;
6		licensed clinical social worker; licensed psychologist or
7		assistant working under the direct supervision of a
8		psychologist; associate licensed marriage and family
9		therapist; licensed marriage and family therapist; field
10		personnel of the Departments of Healthcare and Family
11		Services, Public Health, Human Services, Human Rights, or
12		Children and Family Services; supervisor or administrator
13		of the General Assistance program established under
14		Article VI of the Illinois Public Aid Code; social services
15		administrator; or substance abuse treatment personnel.
16		(3) Crisis intervention personnel, including any:
17		crisis line or hotline personnel; or domestic violence
18		program personnel.
19		(4) Education personnel, including any: school
20		personnel (including administrators and certified and
21		non-certified school employees); personnel of institutions
22		of higher education; educational advocate assigned to a
23		child in accordance with the School Code; member of a
24		school board or the Chicago Board of Education or the
25		governing body of a private school (but only to the extent
26		required under subsection (d)); or truant officer.

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1		(5) Recreation or athletic program or facility
2		personnel.
3		(6) Child care personnel, including any: early
4		intervention provider as defined in the Early Intervention
5		Services System Act; director or staff assistant of a
6		nursery school or a child day care center; or foster
7		parent, homemaker, or child care worker.
8		(7) Law enforcement personnel, including any: law
9		enforcement officer; field personnel of the Department of
10		Juvenile Justice; field personnel of the Department of
11		Corrections; probation officer; or animal control officer
12		or field investigator of the Department of Agriculture's
13		Bureau of Animal Health and Welfare.
14		(8) Any funeral home director; funeral home director
15		and embalmer; funeral home employee; coroner; or medical
16		examiner.
17		(9) Any member of the clergy.
18		(10) Any physician, physician assistant, registered
19		nurse, licensed practical nurse, medical technician,
20		certified nursing assistant, licensed social worker,
21		licensed clinical social worker, or licensed professional
22		counselor of any office, clinic, or any other physical
23		location that provides abortions, abortion referrals, or
24		contraceptives.
25		(b) When 2 or more persons who work within the same
26		workplace and are required to report under this Act share a

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1		reasonable cause to believe that a child may be an abused or
2		neglected child, one of those reporters may be designated to
3		make a single report. The report shall include the names and
4		contact information for the other mandated reporters sharing
5		the reasonable cause to believe that a child may be an abused
6		or neglected child. The designated reporter must provide
7		written confirmation of the report to those mandated reporters
8		within 48 hours. If confirmation is not provided, those
9		mandated reporters are individually responsible for
10		immediately ensuring a report is made. Nothing in this Section
11		precludes or may be used to preclude any person from reporting
12		child abuse or child neglect.
13		(c)(1) As used in this Section, "a child known to them in
14		their professional or official capacities" means:
15		(A) the mandated reporter comes into contact with the
16		child in the course of the reporter's employment or
17		practice of a profession, or through a regularly scheduled
18		program, activity, or service;
19		(B) the mandated reporter is affiliated with an agency,
20		institution, organization, school, school district,
21		regularly established church or religious organization, or
22		other entity that is directly responsible for the care,
23		supervision, guidance, or training of the child; or
24		(C) a person makes a specific disclosure to the
25		mandated reporter that an identifiable child is the victim
26		of child abuse or child neglect, and the disclosure happens

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1		while the mandated reporter is engaged in his or her
2		employment or practice of a profession, or in a regularly
3		scheduled program, activity, or service.
4		(2) Nothing in this Section requires a child to come before
5		the mandated reporter in order for the reporter to make a
6		report of suspected child abuse or child neglect.
7		Any physician, resident, intern, hospital, hospital
8		administrator and personnel engaged in examination, care and
9		treatment of persons, surgeon, dentist, dentist hygienist,
10		osteopath, chiropractor, podiatric physician, physician
11		assistant, substance abuse treatment personnel, funeral home
12		director or employee, coroner, medical examiner, emergency
13		medical technician, acupuncturist, crisis line or hotline
14		personnel, school personnel (including administrators and both
15		certified and non-certified school employees), personnel of
16		institutions of higher education, educational advocate
17		assigned to a child pursuant to the School Code, member of a
18		school board or the Chicago Board of Education or the governing
19		body of a private school (but only to the extent required in
20		accordance with other provisions of this Section expressly
21		concerning the duty of school board members to report suspected
22		child abuse), truant officers, social worker, social services
23		administrator, domestic violence program personnel, registered
24		nurse, licensed practical nurse, genetic counselor,
25		respiratory care practitioner, advanced practice registered
26		nurse, home health aide, director or staff assistant of a

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1		nursery school or a child day care center, recreational or
2		athletic program or facility personnel, early intervention
3		provider as defined in the Early Intervention Services System
4		Act, law enforcement officer, licensed professional counselor,
5		licensed clinical professional counselor, registered
6		psychologist and assistants working under the direct
7		supervision of a psychologist, psychiatrist, or field
8		personnel of the Department of Healthcare and Family Services,
9		Juvenile Justice, Public Health, Human Services (acting as
10		successor to the Department of Mental Health and Developmental
11		Disabilities, Rehabilitation Services, or Public Aid),
12		Corrections, Human Rights, or Children and Family Services,
13		supervisor and administrator of general assistance under the
14		Illinois Public Aid Code, probation officer, animal control
15		officer or Illinois Department of Agriculture Bureau of Animal
16		Health and Welfare field investigator, or any other foster
17		parent, homemaker or child care worker having reasonable cause
18		to believe a child known to them in their professional or
19		official capacity may be an abused child or a neglected child
20		shall immediately report or cause a report to be made to the
21		Department.
22		Any member of the clergy having reasonable cause to believe
23		that a child known to that member of the clergy in his or her
24		professional capacity may be an abused child as defined in item
25		(c) of the definition of "abused child" in Section 3 of this
26		Act shall immediately report or cause a report to be made to

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

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

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1		school district that the employee is or was the subject of such
2		a report.
3		(e) Whenever such person is required to report under this
4		Act in his capacity as a member of the staff of a medical or
5		other public or private institution, school, facility or
6		agency, or as a member of the clergy, he shall make report
7		immediately to the Department in accordance with the provisions
8		of this Act and may also notify the person in charge of such
9		institution, school, facility or agency, or church, synagogue,
10		temple, mosque, or other religious institution, or his
11		designated agent that such report has been made. Under no
12		circumstances shall any person in charge of such institution,
13		school, facility or agency, or church, synagogue, temple,
14		mosque, or other religious institution, or his designated agent
15		to whom such notification has been made, exercise any control,
16		restraint, modification or other change in the report or the
17		forwarding of such report to the Department.
18		(f) In addition to the persons required to report suspected
19		cases of child abuse or child neglect under this Section, any
20		other person may make a report if such person has reasonable
21		cause to believe a child may be an abused child or a neglected
22		child.
23		(g) The privileged quality of communication between any
24		professional person required to report and his patient or
25		client shall not apply to situations involving abused or
26		neglected children and shall not constitute grounds for failure

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1		to report as required by this Act or constitute grounds for
2		failure to share information or documents with the Department
3		during the course of a child abuse or neglect investigation. If
4		requested by the professional, the Department shall confirm in
5		writing that the information or documents disclosed by the
6		professional were gathered in the course of a child abuse or
7		neglect investigation.
8		The reporting requirements of this Act shall not apply to
9		the contents of a privileged communication between an attorney
10		and his or her client or to confidential information within the
11		meaning of Rule 1.6 of the Illinois Rules of Professional
12		Conduct relating to the legal representation of an individual
13		client.
14		A member of the clergy may claim the privilege under
15		Section 8-803 of the Code of Civil Procedure.
16		(h) Any office, clinic, or any other physical location that
17		provides abortions, abortion referrals, or contraceptives
18		shall provide to all office personnel copies of written
19		information and training materials about abuse and neglect and
20		the requirements of this Act that are provided to employees of
21		the office, clinic, or physical location who are required to
22		make reports to the Department under this Act, and instruct
23		such office personnel to bring to the attention of an employee
24		of the office, clinic, or physical location who is required to
25		make reports to the Department under this Act any reasonable
26		suspicion that a child known to him or her in his or her

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1		professional or official capacity may be an abused child or a
2		neglected child. In addition to the above persons required to
3		report suspected cases of abused or neglected children, any
4		other person may make a report if such person has reasonable
5		cause to believe a child may be an abused child or a neglected
6		child.
7		(i) Any person who enters into employment on and after July
8		1, 1986 and is mandated by virtue of that employment to report
9		under this Act, shall sign a statement on a form prescribed by
10		the Department, to the effect that the employee has knowledge
11		and understanding of the reporting requirements of this Act. On
12		and after January 1, 2019, the statement shall also include
13		information about available mandated reporter training
14		provided by the Department. The statement shall be signed prior
15		to commencement of the employment. The signed statement shall
16		be retained by the employer. The cost of printing,
17		distribution, and filing of the statement shall be borne by the
18		employer.
19		(j) Persons Within one year of initial employment and at
20		least every 5 years thereafter, school personnel required to
21		report child abuse or child neglect as provided under this
22		Section must complete mandated reporter training within 3
23		months of their date of engagement in a professional or
24		official capacity as a mandated reporter, and at least every 3
25		years thereafter. The initial 3-month requirement only applies
26		to the first time they engage in their professional or official

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1		capacity and may be extended to 6 months pursuant to any other
2		applicable State law that governs training requirements for a
3		specific profession. In lieu of training every 3 years, medical
4		personnel, as listed in paragraph (1) of subsection (a), must
5		meet the requirements described in subsection (k).
6		The trainings shall be in-person or web-based, and shall
7		include, at a minimum, information on the following topics: (i)
8		indicators for recognizing child abuse and child neglect, as
9		defined under this Act; (ii) the process for reporting
10		suspected child abuse and child neglect in Illinois as required
11		by this Act and the required documentation; (iii) responding to
12		a child in a trauma-informed manner; and (iv) understanding the
13		response of child protective services and the role of the
14		reporter after a call has been made. Child-serving
15		organizations are encouraged to provide in-person annual
16		trainings.
17		The mandated reporter training shall be provided through
18		the Department, through an entity authorized to provide
19		continuing education for professionals licensed through the
20		Department of Financial and Professional Regulation, the State
21		Board of Education, the Illinois Law Enforcement Training
22		Standards Board, or the Department of State Police, or through
23		an organization approved by the Department to provide mandated
24		reporter training. The Department must make available a free
25		web-based training for reporters.
26		Each mandated reporter shall report to his or her employer

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1		and, when applicable, to his or her licensing or certification
2		board that he or she received the mandated reporter training.
3		The mandated reporter shall maintain records of completion.
4		Beginning January 1, 2021, if a mandated reporter receives
5		licensure from the Department of Financial and Professional
6		Regulation or the State Board of Education, and his or her
7		profession has continuing education requirements, the training
8		mandated under this Section shall count toward meeting the
9		licensee's required continuing education hours.
10		by a provider or agency with expertise in recognizing and
11		reporting child abuse.
12		(k)(1) Medical personnel, as listed in paragraph (1) of
13		subsection (a), who work with children in their professional or
14		official capacity, must complete mandated reporter training at
15		least every 6 years. Such medical personnel, if licensed, must
16		attest at each time of licensure renewal on their renewal form
17		that they understand they are a mandated reporter of child
18		abuse and neglect, that they are aware of the process for
19		making a report, that they know how to respond to a child in a
20		trauma-informed manner, and that they are aware of the role of
21		child protective services and the role of a reporter after a
22		call has been made.
23		(2) In lieu of repeated training, medical personnel, as
24		listed in paragraph (1) of subsection (a), who do not work with
25		children in their professional or official capacity, may
26		instead attest each time at licensure renewal on their renewal

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1		form that they understand they are a mandated reporter of child
2		abuse and neglect, that they are aware of the process for
3		making a report, that they know how to respond to a child in a
4		trauma-informed manner, and that they are aware of the role of
5		child protective services and the role of a reporter after a
6		call has been made. Nothing in this paragraph precludes medical
7		personnel from completing mandated reporter training and
8		receiving continuing education credits for that training.
9		(l) The Department shall provide copies of this Act, upon
10		request, to all employers employing persons who shall be
11		required under the provisions of this Section to report under
12		this Act.
13		(m) Any person who knowingly transmits a false report to
14		the Department commits the offense of disorderly conduct under
15		subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.
16		A violation of this provision is a Class 4 felony.
17		Any person who knowingly and willfully violates any
18		provision of this Section other than a second or subsequent
19		violation of transmitting a false report as described in the
20		preceding paragraph, is guilty of a Class A misdemeanor for a
21		first violation and a Class 4 felony for a second or subsequent
22		violation; except that if the person acted as part of a plan or
23		scheme having as its object the prevention of discovery of an
24		abused or neglected child by lawful authorities for the purpose
25		of protecting or insulating any person or entity from arrest or
26		prosecution, the person is guilty of a Class 4 felony for a

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1		first offense and a Class 3 felony for a second or subsequent
2		offense (regardless of whether the second or subsequent offense
3		involves any of the same facts or persons as the first or other
4		prior offense).
5		(n) A child whose parent, guardian or custodian in good
6		faith selects and depends upon spiritual means through prayer
7		alone for the treatment or cure of disease or remedial care may
8		be considered neglected or abused, but not for the sole reason
9		that his parent, guardian or custodian accepts and practices
10		such beliefs.
11		(o) A child shall not be considered neglected or abused
12		solely because the child is not attending school in accordance
13		with the requirements of Article 26 of the School Code, as
14		amended.
15		(p) Nothing in this Act prohibits a mandated reporter who
16		reasonably believes that an animal is being abused or neglected
17		in violation of the Humane Care for Animals Act from reporting
18		animal abuse or neglect to the Department of Agriculture's
19		Bureau of Animal Health and Welfare.
20		(q) A home rule unit may not regulate the reporting of
21		child abuse or neglect in a manner inconsistent with the
22		provisions of this Section. This Section is a limitation under
23		subsection (i) of Section 6 of Article VII of the Illinois
24		Constitution on the concurrent exercise by home rule units of
25		powers and functions exercised by the State.
26		(r) For purposes of this Section "child abuse or neglect"

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1		includes abuse or neglect of an adult resident as defined in
2		this Act.
3		(Source: P.A. 100-513, eff. 1-1-18; 100-1071, eff. 1-1-19.)
4		(325 ILCS 5/11.5) (from Ch. 23, par. 2061.5)
5		Sec. 11.5. Public awareness program.
6		(a) No later than 6 months after the effective date of this
7		amendatory Act of the 101st General Assembly, the Department of
8		Children and Family Services shall develop culturally
9		sensitive materials on child abuse and child neglect, the
10		statewide toll-free telephone number established under Section
11		7.6, and the process for reporting any reasonable suspicion of
12		child abuse or child neglect.
13		The Department shall reach out to businesses and
14		organizations to seek assistance in raising awareness about
15		child abuse and child neglect and the statewide toll-free
16		telephone number established under Section 7.6, including
17		posting notices. The Department shall make a model notice
18		available for download on the Department's website. The model
19		notice shall:
20		(1) be available in English, Spanish, and the 2 other
21		languages most widely spoken in the State;
22		(2) be at least 8 1/2 inches by 11 inches in size and
23		written in a 16-point font;
24		(3) include the following statement:
25		"Protecting children is a responsibility we all

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1		share. It is important for every person to take child
2		abuse and child neglect seriously, to be able to
3		recognize when it happens, and to know what to do next.
4		If you have reason to believe a child you know is being
5		abused or neglected, call the State's child abuse
6		hotline; and
7		(4) include the statewide toll-free telephone number
8		established under Section 7.6, and the Department's
9		website address where more information about child abuse
10		and child neglect is available.
11		(b) Within the appropriation available, the Department
12		shall conduct a continuing education and training program for
13		State and local staff, persons and officials required to
14		report, the general public, and other persons engaged in or
15		intending to engage in the prevention, identification, and
16		treatment of child abuse and neglect. The program shall be
17		designed to encourage the fullest degree of reporting of known
18		and suspected child abuse and neglect, and to improve
19		communication, cooperation, and coordination among all
20		agencies in the identification, prevention, and treatment of
21		child abuse and neglect. The program shall inform the general
22		public and professionals of the nature and extent of child
23		abuse and neglect and their responsibilities, obligations,
24		powers and immunity from liability under this Act. It may
25		include information on the diagnosis of child abuse and neglect
26		and the roles and procedures of the Child Protective Service

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1		Unit, the Department and central register, the courts and of
2		the protective, treatment, and ameliorative services available
3		to children and their families. Such information may also
4		include special needs of mothers at risk of delivering a child
5		whose life or development may be threatened by a disabling
6		condition, to ensure informed consent to treatment of the
7		condition and understanding of the unique child care
8		responsibilities required for such a child. The program may
9		also encourage parents and other persons having responsibility
10		for the welfare of children to seek assistance on their own in
11		meeting their child care responsibilities and encourage the
12		voluntary acceptance of available services when they are
13		needed. It may also include publicity and dissemination of
14		information on the existence and number of the 24 hour,
15		State-wide, toll-free telephone service to assist persons
16		seeking assistance and to receive reports of known and
17		suspected abuse and neglect.
18		(c) Within the appropriation available, the Department
19		also shall conduct a continuing education and training program
20		for State and local staff involved in investigating reports of
21		child abuse or neglect made under this Act. The program shall
22		be designed to train such staff in the necessary and
23		appropriate procedures to be followed in investigating cases
24		which it appears may result in civil or criminal charges being
25		filed against a person. Program subjects shall include but not
26		be limited to the gathering of evidence with a view toward

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1		presenting such evidence in court and the involvement of State
2		or local law enforcement agencies in the investigation. The
3		program shall be conducted in cooperation with State or local
4		law enforcement agencies, State's Attorneys and other
5		components of the criminal justice system as the Department
6		deems appropriate.
7		(Source: P.A. 99-143, eff. 7-27-15.)