HB3169: ANCRA-MEDICAL PROFESSIONAL

HB3169 Enrolled LRB104 10634 KTG 20711 b 1 AN ACT concerning children. 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 Section 7.4 and by adding Section 11.10 as 6 follows: 7 (325 ILCS 5/7.4) 8 Sec. 7.4. (a) The Department shall be capable of receiving 9 reports of suspected child abuse or neglect 24 hours a day, 7 10 days a week. Whenever the Department receives a report 11 alleging that a child is a truant as defined in Section 26-2a 12 of the School Code, as now or hereafter amended, the 13 Department shall notify the superintendent of the school 14 district in which the child resides and the appropriate 15 superintendent of the educational service region. The 16 notification to the appropriate officials by the Department 17 shall not be considered an allegation of abuse or neglect 18 under this Act. 19 (a-5) The Department of Children and Family Services may 20 implement a "differential response program" in accordance with 21 criteria, standards, and procedures prescribed by rule. The 22 program may provide that, upon receiving a report, the 23 Department shall determine whether to conduct a family HB3169 Enrolled - 2 - LRB104 10634 KTG 20711 b 1 assessment or an investigation as appropriate to prevent or 2 provide a remedy for child abuse or neglect. 3 For purposes of this subsection (a-5), "family assessment" 4 means a comprehensive assessment of child safety, risk of 5 subsequent child maltreatment, and family strengths and needs 6 that is applied to a child maltreatment report that does not 7 allege substantial child endangerment. "Family assessment" 8 does not include a determination as to whether child 9 maltreatment occurred but does determine the need for services 10 to address the safety of family members and the risk of 11 subsequent maltreatment. 12 For purposes of this subsection (a-5), "investigation" 13 means fact-gathering related to the current safety of a child 14 and the risk of subsequent abuse or neglect that determines 15 whether a report of suspected child abuse or neglect should be 16 indicated or unfounded and whether child protective services 17 are needed. 18 Under the "differential response program" implemented 19 under this subsection (a-5), the Department: 20 (1) Shall conduct an investigation on reports 21 involving substantial child abuse or neglect. 22 (2) Shall begin an immediate investigation if, at any 23 time when it is using a family assessment response, it 24 determines that there is reason to believe that 25 substantial child abuse or neglect or a serious threat to 26 the child's safety exists. HB3169 Enrolled - 3 - LRB104 10634 KTG 20711 b 1 (3) May conduct a family assessment for reports that 2 do not allege substantial child endangerment. In 3 determining that a family assessment is appropriate, the 4 Department may consider issues, including, but not limited 5 to, child safety, parental cooperation, and the need for 6 an immediate response. 7 (4) Shall promulgate criteria, standards, and 8 procedures that shall be applied in making this 9 determination, taking into consideration the Safety-Based 10 Child Welfare Intervention System of the Department. 11 (5) May conduct a family assessment on a report that 12 was initially screened and assigned for an investigation. 13 In determining that a complete investigation is not 14 required, the Department must document the reason for 15 terminating the investigation and notify the local law 16 enforcement agency or the Illinois State Police if the local 17 law enforcement agency or Illinois State Police is conducting 18 a joint investigation. 19 Once it is determined that a "family assessment" will be 20 implemented, the case shall not be reported to the central 21 register of abuse and neglect reports. 22 During a family assessment, the Department shall collect 23 any available and relevant information to determine child 24 safety, risk of subsequent abuse or neglect, and family 25 strengths. 26 Information collected includes, but is not limited to, HB3169 Enrolled - 4 - LRB104 10634 KTG 20711 b 1 when relevant: information with regard to the person reporting 2 the alleged abuse or neglect, including the nature of the 3 reporter's relationship to the child and to the alleged 4 offender, and the basis of the reporter's knowledge for the 5 report; the child allegedly being abused or neglected; the 6 alleged offender; the child's caretaker; and other collateral 7 sources having relevant information related to the alleged 8 abuse or neglect. Information relevant to the assessment must 9 be asked for, and may include: 10 (A) The child's sex and age, prior reports of abuse or 11 neglect, information relating to developmental 12 functioning, credibility of the child's statement, and 13 whether the information provided under this paragraph (A) 14 is consistent with other information collected during the 15 course of the assessment or investigation. 16 (B) The alleged offender's age, a record check for 17 prior reports of abuse or neglect, and criminal charges 18 and convictions. The alleged offender may submit 19 supporting documentation relevant to the assessment. 20 (C) Collateral source information regarding the 21 alleged abuse or neglect and care of the child. Collateral 22 information includes, when relevant: (i) a medical 23 examination of the child; (ii) prior medical records 24 relating to the alleged maltreatment or care of the child 25 maintained by any facility, clinic, or health care 26 professional, and an interview with the treating HB3169 Enrolled - 5 - LRB104 10634 KTG 20711 b 1 professionals; and (iii) interviews with the child's 2 caretakers, including the child's parent, guardian, foster 3 parent, child care provider, teachers, counselors, family 4 members, relatives, and other persons who may have 5 knowledge regarding the alleged maltreatment and the care 6 of the child. 7 (D) Information on the existence of domestic abuse and 8 violence in the home of the child, and substance abuse. 9 Nothing in this subsection (a-5) precludes the Department 10 from collecting other relevant information necessary to 11 conduct the assessment or investigation. Nothing in this 12 subsection (a-5) shall be construed to allow the name or 13 identity of a reporter to be disclosed in violation of the 14 protections afforded under Section 7.19 of this Act. 15 After conducting the family assessment, the Department 16 shall determine whether services are needed to address the 17 safety of the child and other family members and the risk of 18 subsequent abuse or neglect. 19 Upon completion of the family assessment, if the 20 Department concludes that no services shall be offered, then 21 the case shall be closed. If the Department concludes that 22 services shall be offered, the Department shall develop a 23 family preservation plan and offer or refer services to the 24 family. 25 At any time during a family assessment, if the Department 26 believes there is any reason to stop the assessment and HB3169 Enrolled - 6 - LRB104 10634 KTG 20711 b 1 conduct an investigation based on the information discovered, 2 the Department shall do so. 3 The procedures available to the Department in conducting 4 investigations under this Act shall be followed as appropriate 5 during a family assessment. 6 If the Department implements a differential response 7 program authorized under this subsection (a-5), the Department 8 shall arrange for an independent evaluation of the program for 9 at least the first 3 years of implementation to determine 10 whether it is meeting the goals in accordance with Section 2 of 11 this Act. 12 The Department may adopt administrative rules necessary 13 for the execution of this Section, in accordance with Section 14 4 of the Children and Family Services Act. 15 The Department shall submit a report to the General 16 Assembly by January 15, 2018 on the implementation progress 17 and recommendations for additional needed legislative changes. 18 (b)(1) The following procedures shall be followed in the 19 investigation of all reports of suspected abuse or neglect of 20 a child, except as provided in subsection (c) of this Section. 21 (2) If, during a family assessment authorized by 22 subsection (a-5) or an investigation, it appears that the 23 immediate safety or well-being of a child is endangered, that 24 the family may flee or the child disappear, or that the facts 25 otherwise so warrant, the Child Protective Service Unit shall 26 commence an investigation immediately, regardless of the time HB3169 Enrolled - 7 - LRB104 10634 KTG 20711 b 1 of day or night. All other investigations shall be commenced 2 within 24 hours of receipt of the report. Upon receipt of a 3 report, the Child Protective Service Unit shall conduct a 4 family assessment authorized by subsection (a-5) or begin an 5 initial investigation and make an initial determination 6 whether the report is a good faith indication of alleged child 7 abuse or neglect. 8 (3) Based on an initial investigation, if the Unit 9 determines the report is a good faith indication of alleged 10 child abuse or neglect, then a formal investigation shall 11 commence and, pursuant to Section 7.12 of this Act, may or may 12 not result in an indicated report. The formal investigation 13 shall include: direct contact with the subject or subjects of 14 the report as soon as possible after the report is received; an 15 evaluation of the environment of the child named in the report 16 and any other children in the same environment; a 17 determination of the risk to such children if they continue to 18 remain in the existing environments, as well as a 19 determination of the nature, extent and cause of any condition 20 enumerated in such report; the name, age and condition of 21 other children in the environment; and an evaluation as to 22 whether there would be an immediate and urgent necessity to 23 remove the child from the environment if appropriate family 24 preservation services were provided. After seeing to the 25 safety of the child or children, the Department shall 26 forthwith notify the subjects of the report in writing, of the HB3169 Enrolled - 8 - LRB104 10634 KTG 20711 b 1 existence of the report and their rights existing under this 2 Act in regard to amendment or expungement. To fulfill the 3 requirements of this Section, the Child Protective Service 4 Unit shall have the capability of providing or arranging for 5 comprehensive emergency services to children and families at 6 all times of the day or night. 7 (4) If (i) at the conclusion of the Unit's initial 8 investigation of a report, the Unit determines the report to 9 be a good faith indication of alleged child abuse or neglect 10 that warrants a formal investigation by the Unit, the 11 Department, any law enforcement agency or any other 12 responsible agency and (ii) the person who is alleged to have 13 caused the abuse or neglect is employed or otherwise engaged 14 in an activity resulting in frequent contact with children and 15 the alleged abuse or neglect are in the course of such 16 employment or activity, then the Department shall, except in 17 investigations where the Director determines that such 18 notification would be detrimental to the Department's 19 investigation, inform the appropriate supervisor or 20 administrator of that employment or activity that the Unit has 21 commenced a formal investigation pursuant to this Act, which 22 may or may not result in an indicated report. The Department 23 shall also notify the person being investigated, unless the 24 Director determines that such notification would be 25 detrimental to the Department's investigation. 26 (c) In an investigation of a report of suspected abuse or HB3169 Enrolled - 9 - LRB104 10634 KTG 20711 b 1 neglect of a child by a school employee at a school or on 2 school grounds, the Department shall make reasonable efforts 3 to follow the following procedures: 4 (1) Investigations involving teachers shall not, to 5 the extent possible, be conducted when the teacher is 6 scheduled to conduct classes. Investigations involving 7 other school employees shall be conducted so as to 8 minimize disruption of the school day. The school employee 9 accused of child abuse or neglect may have the school 10 employee's superior, the school employee's association or 11 union representative, and the school employee's attorney 12 present at any interview or meeting at which the teacher 13 or administrator is present. The accused school employee 14 shall be informed by a representative of the Department, 15 at any interview or meeting, of the accused school 16 employee's due process rights and of the steps in the 17 investigation process. These due process rights shall also 18 include the right of the school employee to present 19 countervailing evidence regarding the accusations. In an 20 investigation in which the alleged perpetrator of abuse or 21 neglect is a school employee, including, but not limited 22 to, a school teacher or administrator, and the 23 recommendation is to determine the report to be indicated, 24 in addition to other procedures as set forth and defined 25 in Department rules and procedures, the employee's due 26 process rights shall also include: (i) the right to a copy HB3169 Enrolled - 10 - LRB104 10634 KTG 20711 b 1 of the investigation summary; (ii) the right to review the 2 specific allegations which gave rise to the investigation; 3 and (iii) the right to an administrator's teleconference 4 which shall be convened to provide the school employee 5 with the opportunity to present documentary evidence or 6 other information that supports the school employee's 7 position and to provide information before a final finding 8 is entered. 9 (2) If a report of neglect or abuse of a child by a 10 teacher or administrator does not involve allegations of 11 sexual abuse or extreme physical abuse, the Child 12 Protective Service Unit shall make reasonable efforts to 13 conduct the initial investigation in coordination with the 14 employee's supervisor. 15 If the Unit determines that the report is a good faith 16 indication of potential child abuse or neglect, it shall 17 then commence a formal investigation under paragraph (3) 18 of subsection (b) of this Section. 19 (3) If a report of neglect or abuse of a child by a 20 teacher or administrator involves an allegation of sexual 21 abuse or extreme physical abuse, the Child Protective Unit 22 shall commence an investigation under paragraph (2) of 23 subsection (b) of this Section. 24 (c-5) In any instance in which a report is made or caused 25 to made by a school district employee involving the conduct of 26 a person employed by the school district, at the time the HB3169 Enrolled - 11 - LRB104 10634 KTG 20711 b 1 report was made, as required under Section 4 of this Act, the 2 Child Protective Service Unit shall send a copy of its final 3 finding report to the general superintendent of that school 4 district. 5 (c-10) The Department may recommend that a school district 6 remove a school employee who is the subject of an 7 investigation from the school employee's employment position 8 pending the outcome of the investigation; however, all 9 employment decisions regarding school personnel shall be the 10 sole responsibility of the school district or employer. The 11 Department may not require a school district to remove a 12 school employee from the school employee's employment position 13 or limit the school employee's duties pending the outcome of 14 an investigation. 15 (d) If the Department has contact with an employer, or 16 with a religious institution or religious official having 17 supervisory or hierarchical authority over a member of the 18 clergy accused of the abuse of a child, in the course of its 19 investigation, the Department shall notify the employer or the 20 religious institution or religious official, in writing, when 21 a report is unfounded so that any record of the investigation 22 can be expunged from the employee's or member of the clergy's 23 personnel or other records. The Department shall also notify 24 the employee or the member of the clergy, in writing, that 25 notification has been sent to the employer or to the 26 appropriate religious institution or religious official HB3169 Enrolled - 12 - LRB104 10634 KTG 20711 b 1 informing the employer or religious institution or religious 2 official that the Department's investigation has resulted in 3 an unfounded report. 4 (d-1) Whenever a report alleges that a child was abused or 5 neglected while receiving care in a hospital, including a 6 freestanding psychiatric hospital licensed by the Department 7 of Public Health, the Department shall send a copy of its final 8 finding to the Director of Public Health and the Director of 9 Healthcare and Family Services. 10 (d-2) In any investigation in which the Department will 11 request a professional's medical or forensic opinion about 12 whether a child's injury or medical condition may be the 13 result of abuse or neglect, the Department shall make 14 reasonable efforts to inform the parent or guardian of the 15 following within 24 hours after determining it will request 16 such opinion: 17 (A) that the Department will be requesting a 18 professional to issue a medical or forensic opinion to 19 inform its investigation as to whether the child's 20 injury or medical condition may be the result of abuse 21 or neglect, and indicating the professional's 22 specialty and any subspecialty; 23 (B) that the parent or guardian may seek, at his or 24 her own expense, and submit to the Department a second 25 medical or forensic opinion for consideration in the 26 investigation at any time prior to the conclusion of HB3169 Enrolled - 13 - LRB104 10634 KTG 20711 b 1 the investigation; 2 (C) that any second medical or forensic opinion 3 submitted to the Department prior to the Department 4 rendering a final determination in the investigation 5 will be considered as inculpatory or exculpatory 6 evidence; 7 (D) that the parent or guardian may request and 8 timely receive a copy of any medical or forensic 9 professional's written opinion, submitted to the 10 Department, as permitted to be released under State or 11 federal law; and 12 (E) any timeframes for the investigation process. 13 (e) Upon request by the Department, the Illinois State 14 Police and law enforcement agencies are authorized to provide 15 criminal history record information as defined in the Illinois 16 Uniform Conviction Information Act and information maintained 17 in the adjudicatory and dispositional record system as defined 18 in Section 2605-355 of the Illinois State Police Law to 19 properly designated employees of the Department of Children 20 and Family Services if the Department determines the 21 information is necessary to perform its duties under the 22 Abused and Neglected Child Reporting Act, the Child Care Act 23 of 1969, and the Children and Family Services Act. The request 24 shall be in the form and manner required by the Illinois State 25 Police. Any information obtained by the Department of Children 26 and Family Services under this Section is confidential and may HB3169 Enrolled - 14 - LRB104 10634 KTG 20711 b 1 not be transmitted outside the Department of Children and 2 Family Services other than to a court of competent 3 jurisdiction or unless otherwise authorized by law. Any 4 employee of the Department of Children and Family Services who 5 transmits confidential information in violation of this 6 Section or causes the information to be transmitted in 7 violation of this Section is guilty of a Class A misdemeanor 8 unless the transmittal of the information is authorized by 9 this Section or otherwise authorized by law. 10 (f) For purposes of this Section, "child abuse or neglect" 11 includes abuse or neglect of an adult resident as defined in 12 this Act. 13 (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; 14 103-460, eff. 1-1-24; 103-605, eff. 7-1-24.) 15 (325 ILCS 5/11.10 new) 16 Sec. 11.10. Informational document; medical evaluations. 17 (a) On or before July 1, 2027, the Department shall post on 18 its website an informational document in a format that can be 19 easily downloaded and printed. 20 (b) The informational document under subsection (a) shall 21 include the following information: 22 (1) A brief overview of the Department's role and 23 responsibilities in responding to reports of suspected 24 abuse and neglect. 25 (2) A general description of why children receive HB3169 Enrolled - 15 - LRB104 10634 KTG 20711 b 1 medical evaluations when a child has injuries concerning 2 for abuse and neglect. 3 (3) A general description of the types of medical 4 professionals that may participate in the evaluation of a 5 child in a healthcare setting when abuse or neglect is 6 suspected. 7 (4) A general description of mandated reporting and 8 who in a health care facility is a mandated reporter. 9 (5) A statement indicating that a parent or guardian 10 may (i) seek a second medical or forensic opinion prior to 11 the conclusion of a child abuse or neglect investigation 12 and may access copies of medical records related to the 13 child, as permitted by State and federal law, and (ii) 14 retain legal representation. 15 (c) The informational document shall be prepared and 16 posted in English, Spanish, Polish, Chinese, and Arabic, and 17 shall be made available in additional languages upon request. 18 Section 10. The Medical Patient Rights Act is amended by 19 adding Section 7.5 as follows: 20 (410 ILCS 50/7.5 new) 21 Sec. 7.5. Notifications; minor patients. 22 (a) When a minor patient is brought to a health care 23 facility for evaluation, treatment, or care, the health care 24 facility shall provide a parent or guardian who is HB3169 Enrolled - 16 - LRB104 10634 KTG 20711 b 1 accompanying such minor patient with a copy of the 2 informational document prepared by the Department of Children 3 and Family Services in accordance with Section 11.10 of the 4 Abused and Neglected Child Reporting Act, in addition to any 5 statement required under Section 5 of this Act if applicable. 6 The document shall be provided digitally by email or text at an 7 email or cellular number provided by the parent or guardian 8 and shall be provided in the parent or guardian's primary 9 language, if available. If the document cannot be shared via 10 email or text, the health care facility shall provide a 11 printed copy to the parent or guardian who is accompanying the 12 minor patient. 13 (b) Any physician, medical student, resident, advanced 14 practice registered nurse, registered nurse, physician 15 assistant, or social worker who examines, treats, or provides 16 care to a minor patient that a parent or guardian has consented 17 to on behalf of the minor patient, or who discusses a minor 18 patient or a minor patient's injury, condition, or treatment 19 with a parent or guardian consenting to care on behalf of the 20 minor patient shall inform the parent or guardian who has 21 consented to care on behalf of that minor patient of the 22 professional's name, profession, specialty, and subspecialty, 23 if any, and the professional's role in the overall care of the 24 minor patient. 25 (c) Nothing in this Section shall be interpreted or 26 construed to diminish a minor patient's authority to consent HB3169 Enrolled - 17 - LRB104 10634 KTG 20711 b 1 to medical examination, treatment, or care otherwise provided 2 under State law, or the privacy and confidentiality 3 protections afforded by State or federal law to a minor 4 patient who consents to medical examination, treatment, or 5 care.