HB 3169

Select Language
  ×
The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.
Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.
The English language version is always the official and authoritative version of this website.
NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.
  Choose Language
  English
  Afrikaans
  Albanian
  Arabic
  Armenian
  Azerbaijani
  Basque
  Bengali
  Bosnian
  Catalan
  Croatian
  Czech
  Danish
  Dutch
  Esperanto
  Estonian
  Filipino
  Finnish
  French
  Galician
  Georgian
  German
  Greek
  Gujarati
  Haitian Creole
  Hausa
  Hawaiian
  Hebrew
  Hindi
  Hungarian
  Icelandic
  Indonesian
  Interlingua
  Interlingue
  Inuktitut
  Irish
  Italian
  Japanese
  Javanese
  Kannada
  Khmer
  Korean
  Latin
  Latvian
  Lithuanian
  Luxembourgish
  Macedonian
  Malagasy
  Malayalam
  Maltese
  Maori
  Marathi
  Myanmar
  Nepali
  Norwegian
  Odia
  Pashto
  Punjabi
  Romanian
  Russian
  Samoan
  Sango
  Sanskrit
  Sardinian
  Sindhi
  Sinhala
  Slovak
  Slovenian
  Somali
  Southern Sotho
  Spanish
  Sundanese
  Swahili
  Swedish
  Tamil
  Telugu
  Thai
  Tigrinya
  Tonga
  Turkish
  Ukrainian
  Urdu
  Vietnamese
  Welsh
  Xhosa
  Yiddish
  Yoruba
  Zulu
  Powered by Translate
  Close
Illinois General Assembly
Top Navigation Bar
  Translate
  Learn
  Select General Assembly
  Search the 104th General Assembly
  Enter search terms for legislation, members, committees, or schedules.
  ILGA.GOV
Mobile Top Bar
  Search the 104th General Assembly
  Enter keywords to search the Illinois General Assembly website.
Full Text of HB3169
Home
Legislation
Full Text
	HB3169 - 104th General Assembly
		Bill Status
		Full Text
		Votes
		Witness Slips
	Select Menu
	Bill Status
	Full Text
	Votes
	Witness Slips
	Printer Friendly Version
			Introduced
			Engrossed
			Enrolled
			House Amendment 001
			Public Act
		Printer Friendly Version
		Introduced
		Engrossed
		Enrolled
		House Amendment 001
		Public Act
			 Open PDF
		HB3169 Enrolled		LRB104 10634 KTG 20711 b
1    AN ACT concerning children.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Abused and Neglected Child Reporting Act is
5amended by changing Section 7.4 and by adding Section 11.10 as
6follows:
7    (325 ILCS 5/7.4)
8    Sec. 7.4. (a) The Department shall be capable of receiving
9reports of suspected child abuse or neglect 24 hours a day, 7
10days a week. Whenever the Department receives a report
11alleging that a child is a truant as defined in Section 26-2a
12of the School Code, as now or hereafter amended, the
13Department shall notify the superintendent of the school
14district in which the child resides and the appropriate
15superintendent of the educational service region. The
16notification to the appropriate officials by the Department
17shall not be considered an allegation of abuse or neglect
18under this Act.
19    (a-5) The Department of Children and Family Services may
20implement a "differential response program" in accordance with
21criteria, standards, and procedures prescribed by rule. The
22program may provide that, upon receiving a report, the
23Department shall determine whether to conduct a family
		HB3169 Enrolled	- 2 -	LRB104 10634 KTG 20711 b
1assessment or an investigation as appropriate to prevent or
2provide a remedy for child abuse or neglect.
3    For purposes of this subsection (a-5), "family assessment"
4means a comprehensive assessment of child safety, risk of
5subsequent child maltreatment, and family strengths and needs
6that is applied to a child maltreatment report that does not
7allege substantial child endangerment. "Family assessment"
8does not include a determination as to whether child
9maltreatment occurred but does determine the need for services
10to address the safety of family members and the risk of
11subsequent maltreatment.
12    For purposes of this subsection (a-5), "investigation"
13means fact-gathering related to the current safety of a child
14and the risk of subsequent abuse or neglect that determines
15whether a report of suspected child abuse or neglect should be
16indicated or unfounded and whether child protective services
17are needed.
18    Under the "differential response program" implemented
19under 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
14required, the Department must document the reason for
15terminating the investigation and notify the local law
16enforcement agency or the Illinois State Police if the local
17law enforcement agency or Illinois State Police is conducting
18a joint investigation.
19    Once it is determined that a "family assessment" will be
20implemented, the case shall not be reported to the central
21register of abuse and neglect reports.
22    During a family assessment, the Department shall collect
23any available and relevant information to determine child
24safety, risk of subsequent abuse or neglect, and family
25strengths.
26    Information collected includes, but is not limited to,
		HB3169 Enrolled	- 4 -	LRB104 10634 KTG 20711 b
1when relevant: information with regard to the person reporting
2the alleged abuse or neglect, including the nature of the
3reporter's relationship to the child and to the alleged
4offender, and the basis of the reporter's knowledge for the
5report; the child allegedly being abused or neglected; the
6alleged offender; the child's caretaker; and other collateral
7sources having relevant information related to the alleged
8abuse or neglect. Information relevant to the assessment must
9be 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
10from collecting other relevant information necessary to
11conduct the assessment or investigation. Nothing in this
12subsection (a-5) shall be construed to allow the name or
13identity of a reporter to be disclosed in violation of the
14protections afforded under Section 7.19 of this Act.
15    After conducting the family assessment, the Department
16shall determine whether services are needed to address the
17safety of the child and other family members and the risk of
18subsequent abuse or neglect.
19    Upon completion of the family assessment, if the
20Department concludes that no services shall be offered, then
21the case shall be closed. If the Department concludes that
22services shall be offered, the Department shall develop a
23family preservation plan and offer or refer services to the
24family.
25    At any time during a family assessment, if the Department
26believes there is any reason to stop the assessment and
		HB3169 Enrolled	- 6 -	LRB104 10634 KTG 20711 b
1conduct an investigation based on the information discovered,
2the Department shall do so.
3    The procedures available to the Department in conducting
4investigations under this Act shall be followed as appropriate
5during a family assessment.
6    If the Department implements a differential response
7program authorized under this subsection (a-5), the Department
8shall arrange for an independent evaluation of the program for
9at least the first 3 years of implementation to determine
10whether it is meeting the goals in accordance with Section 2 of
11this Act.
12    The Department may adopt administrative rules necessary
13for the execution of this Section, in accordance with Section
144 of the Children and Family Services Act.
15    The Department shall submit a report to the General
16Assembly by January 15, 2018 on the implementation progress
17and recommendations for additional needed legislative changes.
18    (b)(1) The following procedures shall be followed in the
19investigation of all reports of suspected abuse or neglect of
20a child, except as provided in subsection (c) of this Section.
21    (2) If, during a family assessment authorized by
22subsection (a-5) or an investigation, it appears that the
23immediate safety or well-being of a child is endangered, that
24the family may flee or the child disappear, or that the facts
25otherwise so warrant, the Child Protective Service Unit shall
26commence an investigation immediately, regardless of the time
		HB3169 Enrolled	- 7 -	LRB104 10634 KTG 20711 b
1of day or night. All other investigations shall be commenced
2within 24 hours of receipt of the report. Upon receipt of a
3report, the Child Protective Service Unit shall conduct a
4family assessment authorized by subsection (a-5) or begin an
5initial investigation and make an initial determination
6whether the report is a good faith indication of alleged child
7abuse or neglect.
8    (3) Based on an initial investigation, if the Unit
9determines the report is a good faith indication of alleged
10child abuse or neglect, then a formal investigation shall
11commence and, pursuant to Section 7.12 of this Act, may or may
12not result in an indicated report. The formal investigation
13shall include: direct contact with the subject or subjects of
14the report as soon as possible after the report is received; an
15evaluation of the environment of the child named in the report
16and any other children in the same environment; a
17determination of the risk to such children if they continue to
18remain in the existing environments, as well as a
19determination of the nature, extent and cause of any condition
20enumerated in such report; the name, age and condition of
21other children in the environment; and an evaluation as to
22whether there would be an immediate and urgent necessity to
23remove the child from the environment if appropriate family
24preservation services were provided. After seeing to the
25safety of the child or children, the Department shall
26forthwith notify the subjects of the report in writing, of the
		HB3169 Enrolled	- 8 -	LRB104 10634 KTG 20711 b
1existence of the report and their rights existing under this
2Act in regard to amendment or expungement. To fulfill the
3requirements of this Section, the Child Protective Service
4Unit shall have the capability of providing or arranging for
5comprehensive emergency services to children and families at
6all times of the day or night.
7    (4) If (i) at the conclusion of the Unit's initial
8investigation of a report, the Unit determines the report to
9be a good faith indication of alleged child abuse or neglect
10that warrants a formal investigation by the Unit, the
11Department, any law enforcement agency or any other
12responsible agency and (ii) the person who is alleged to have
13caused the abuse or neglect is employed or otherwise engaged
14in an activity resulting in frequent contact with children and
15the alleged abuse or neglect are in the course of such
16employment or activity, then the Department shall, except in
17investigations where the Director determines that such
18notification would be detrimental to the Department's
19investigation, inform the appropriate supervisor or
20administrator of that employment or activity that the Unit has
21commenced a formal investigation pursuant to this Act, which
22may or may not result in an indicated report. The Department
23shall also notify the person being investigated, unless the
24Director determines that such notification would be
25detrimental 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
1neglect of a child by a school employee at a school or on
2school grounds, the Department shall make reasonable efforts
3to 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
25to made by a school district employee involving the conduct of
26a person employed by the school district, at the time the
		HB3169 Enrolled	- 11 -	LRB104 10634 KTG 20711 b
1report was made, as required under Section 4 of this Act, the
2Child Protective Service Unit shall send a copy of its final
3finding report to the general superintendent of that school
4district.
5    (c-10) The Department may recommend that a school district
6remove a school employee who is the subject of an
7investigation from the school employee's employment position
8pending the outcome of the investigation; however, all
9employment decisions regarding school personnel shall be the
10sole responsibility of the school district or employer. The
11Department may not require a school district to remove a
12school employee from the school employee's employment position
13or limit the school employee's duties pending the outcome of
14an investigation.
15    (d) If the Department has contact with an employer, or
16with a religious institution or religious official having
17supervisory or hierarchical authority over a member of the
18clergy accused of the abuse of a child, in the course of its
19investigation, the Department shall notify the employer or the
20religious institution or religious official, in writing, when
21a report is unfounded so that any record of the investigation
22can be expunged from the employee's or member of the clergy's
23personnel or other records. The Department shall also notify
24the employee or the member of the clergy, in writing, that
25notification has been sent to the employer or to the
26appropriate religious institution or religious official
		HB3169 Enrolled	- 12 -	LRB104 10634 KTG 20711 b
1informing the employer or religious institution or religious
2official that the Department's investigation has resulted in
3an unfounded report.
4    (d-1) Whenever a report alleges that a child was abused or
5neglected while receiving care in a hospital, including a
6freestanding psychiatric hospital licensed by the Department
7of Public Health, the Department shall send a copy of its final
8finding to the Director of Public Health and the Director of
9Healthcare and Family Services.
10    (d-2) In any investigation in which the Department will 
11request a professional's medical or forensic opinion about 
12whether a child's injury or medical condition may be the 
13result of abuse or neglect, the Department shall make 
14reasonable efforts to inform the parent or guardian of the 
15following within 24 hours after determining it will request 
16such 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
14Police and law enforcement agencies are authorized to provide
15criminal history record information as defined in the Illinois
16Uniform Conviction Information Act and information maintained
17in the adjudicatory and dispositional record system as defined
18in Section 2605-355 of the Illinois State Police Law to
19properly designated employees of the Department of Children
20and Family Services if the Department determines the
21information is necessary to perform its duties under the
22Abused and Neglected Child Reporting Act, the Child Care Act
23of 1969, and the Children and Family Services Act. The request
24shall be in the form and manner required by the Illinois State
25Police. Any information obtained by the Department of Children
26and Family Services under this Section is confidential and may
		HB3169 Enrolled	- 14 -	LRB104 10634 KTG 20711 b
1not be transmitted outside the Department of Children and
2Family Services other than to a court of competent
3jurisdiction or unless otherwise authorized by law. Any
4employee of the Department of Children and Family Services who
5transmits confidential information in violation of this
6Section or causes the information to be transmitted in
7violation of this Section is guilty of a Class A misdemeanor
8unless the transmittal of the information is authorized by
9this Section or otherwise authorized by law.
10    (f) For purposes of this Section, "child abuse or neglect"
11includes abuse or neglect of an adult resident as defined in
12this Act.
13(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
14103-460, 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 
18its website an informational document in a format that can be 
19easily downloaded and printed.
20    (b) The informational document under subsection (a) shall 
21include 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 
16posted in English, Spanish, Polish, Chinese, and Arabic, and 
17shall be made available in additional languages upon request.
18    Section 10. The Medical Patient Rights Act is amended by
19adding 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 
23facility for evaluation, treatment, or care, the health care 
24facility shall provide a parent or guardian who is 
		HB3169 Enrolled	- 16 -	LRB104 10634 KTG 20711 b
1accompanying such minor patient with a copy of the 
2informational document prepared by the Department of Children 
3and Family Services in accordance with Section 11.10 of the 
4Abused and Neglected Child Reporting Act, in addition to any 
5statement required under Section 5 of this Act if applicable. 
6The document shall be provided digitally by email or text at an 
7email or cellular number provided by the parent or guardian 
8and shall be provided in the parent or guardian's primary 
9language, if available. If the document cannot be shared via 
10email or text, the health care facility shall provide a 
11printed copy to the parent or guardian who is accompanying the 
12minor patient.
13    (b) Any physician, medical student, resident, advanced 
14practice registered nurse, registered nurse, physician 
15assistant, or social worker who examines, treats, or provides 
16care to a minor patient that a parent or guardian has consented 
17to on behalf of the minor patient, or who discusses a minor 
18patient or a minor patient's injury, condition, or treatment 
19with a parent or guardian consenting to care on behalf of the 
20minor patient shall inform the parent or guardian who has 
21consented to care on behalf of that minor patient of the 
22professional's name, profession, specialty, and subspecialty, 
23if any, and the professional's role in the overall care of the 
24minor patient.
25    (c) Nothing in this Section shall be interpreted or 
26construed to diminish a minor patient's authority to consent 
		HB3169 Enrolled	- 17 -	LRB104 10634 KTG 20711 b
1to medical examination, treatment, or care otherwise provided 
2under State law, or the privacy and confidentiality 
3protections afforded by State or federal law to a minor 
4patient who consents to medical examination, treatment, or 
5care.