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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
 | 
| 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.
 | 
| 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.
 | 
| 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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| 
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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,
 | 
| 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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| 
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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).
 | 
| 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)
 | 
| 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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| 
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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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| 
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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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