Current through Register Vol. 48, No. 38, September 20, 2024
a) Reports of suspected child abuse or
neglect may be immediately made to the State Central Register via its toll-free
number [1-800-25A-BUSE] at any time, day or night, or on any day of the week.
Reports may also be made to the nearest Department office. The Department
encourages use of the toll-free hotline number.
b) Persons Mandated to Report Child Abuse or
Neglect
1) Types of Mandated Reporters
Any of the following individuals who have reasonable cause to
believe that a child known to them in their professional or official capacity
may be abused or neglected shall immediately report or cause a report to be
made to the Department. These mandated reporters include:
A) physicians, residents, interns and
physician assistants;
B)
hospitals;
C) hospital
administrators and personnel engaged in the examination, care and treatment of
persons;
D) surgeons;
E) dentists;
F) dentist hygienists;
G) osteopaths;
H) chiropractors;
I) podiatrists;
J) Christian Science practitioners;
K) coroners;
L) medical examiners;
M) emergency medical technicians;
N) crisis line or hotline
personnel;
O) school
personnel;
P) educational advocate
assigned to a child pursuant to the School Code;
Q) truant officers;
R) social workers;
S) social services administrators;
T) domestic violence program
personnel;
U) registered
nurses;
V) licensed practical
nurses, advanced practice nurses, home health aides;
W) directors or staff assistants of nursery
schools or child day care centers;
X) recreational or athletic program or
facility personnel;
Y) law
enforcement officers;
Z) registered
psychologists;
AA) assistants
working under the direct supervision of a psychologist or
psychiatrist;
BB) field personnel
of the Illinois Departments of Healthcare and Family Services, Human Services,
Public Health, Corrections, Children and Family Services or Human
Rights;
CC) probation
officers;
DD) foster parents,
homemakers or any other child care worker;
EE) supervisors and administrators of General
Assistance under the Illinois Public Aid Code;
FF) substance abuse treatment
personnel;
GG) funeral home
directors or their employees;
HH)
members of the clergy;
II) licensed
professional counselors or licensed clinical professional counselors;
JJ) acupuncturists;
KK) animal control officers or Illinois
Department of Agriculture Bureau of Animal Health and Welfare field
investigators;
LL) members of a
school board or the Chicago Board of Education or the governing body of a
private school;
MM) medical
technicians or certified nursing assistants of any office, clinic or any other
physical location that provides abortions, abortion referral or
contraceptives;
NN) personnel of
institutions of higher education;
OO) early intervention providers as defined
in the Early Intervention Services System Act. [325
ILCS 5/4]
2) Members of the Clergy
Any member of the clergy having reasonable cause to believe
that a child known to that member of the clergy in his or her professional
capacity may be an abused child, as defined in this Part, shall immediately
report or cause a report to be made to the Department. [325
ILCS 5/4]
3) Acknowledgement of Reporting
Responsibility
A) Individuals who became
mandated reporters on or after July 1, 1986, by virtue of their employment
shall sign statements acknowledging that they are mandated to report suspected
child abuse and neglect in accordance with Section 4 of the Act. The statement
shall be on a form prescribed by the Department, but provided by the employer.
(See Appendix A.) The statement shall be signed before beginning employment and
shall be retained by the employer as a permanent part of the personnel
record.
B) The Department shall
provide, upon request at a reasonable cost of $.50 each, copies of the Act to
all employers employing persons who are mandated to report under the
Act.
4) Interference
with Reporting Prohibited
A) Whenever such
person is required to report under the Act in his or her capacity as a member
of the staff of a medical or other public or private institution, school,
facility or agency, or as a member of the clergy, he shall make report
immediately to the Department in accordance with provisions of the Act and may
also notify the person in charge of such institution, school, facility or
agency, or church, synagogue, temple, mosque, or other religious institution,
or his designated agent that such a report has been made. Under no
circumstances shall any person in charge of such institution, school, facility
or agency, or church, synagogue, temple, mosque or other religious institution,
or designated agent to whom such notification has been made exercise any
control, restraint, modification or other change in the report or the
forwarding of such report to the Department. [325 ILCS 5/4]
B) Any person who knowingly transmits a false
report to the Department commits the offence of disorderly conduct under
Section 26-1(a)(7) of the Criminal Code of 2012. A violation of this provision
is a Class 4 felony. Any person who knowingly and willfully violates any
provision of subsection (b)(4) other than a second or subsequent violation of
transmitting a false report as described in this subsection (b)(4)(B), is
guilty of a Class A misdemeanor for the first violation and a Class 4 felony
for a second or subsequent violation. [325 ILCS 5/4]
C) No employer shall discharge, demote or
suspend, or threaten to discharge, demote or suspend, or in any manner
discriminate against any employee who makes any good faith oral or written
report of suspected child abuse or neglect, or who is or will be a witness or
testify in any investigation or proceeding concerning a report of suspected
child abuse or neglect. [325 ILCS
5/9.1]
5) Consequences of Failure to Report
A) The privileged quality of communication
between any professional person required to report and his or her patient or
client shall not apply to situations involving abused or neglected children and
shall not constitute grounds for failure to report as required by the Act or
constitute grounds for failure to share information or documents with the
Department during the course of a child abuse or neglect investigation. If
requested by the professional, the Department shall confirm in writing that the
information or documents disclosed by the professional were gathered in the
course of a child abuse or neglect investigation. [325 ILCS 5/4] Mandated
reporters who willfully fail to report suspected child abuse or neglect are
subject to license suspension or revocation in accordance with, but not limited
to, the following statutes:
i) Nurse Practice
Act [225 ILCS 65 ];
ii) Medical
Practice Act of 1987 [225 ILCS 60 ];
iii) Podiatric Medical Practice Act of 1987
[225 ILCS 100 ];
iv) Clinical
Psychologist Licensing Act [225 ILCS 15 ];
v) Clinical Social Work and Social Work
Practice Act [225 ILCS 20 ];
vi)
The School Code [105 ILCS 5 ];
vii)
The Illinois Dental Practice Act [225 ILCS 25 ];
viii) Physician Assistant Practice Act of
1987 [225 ILCS 95 ];
ix) Illinois
Optometric Practice Act of 1987 [225 ILCS 80 ];
x) Illinois Physical Therapy Act [225 ILCS 90
]; and
xi) Illinois Athletic
Trainers Act [225 ILCS 5 ].
B) Any physician who willfully fails to
report child abuse or neglect shall be referred to the Illinois State Medical
Disciplinary Board for action. Any other person required to report suspected
child abuse or neglect who willfully fails to report such abuse or neglect
shall be guilty of a Class A misdemeanor. [325 ILCS 5/4]
C) Members of the clergy of any religious
denomination accredited by the religious body to which he or she belongs shall
not be compelled to disclose a confession or admission made to him or her in
his or her professional character or as a spiritual advisor.
6) Written Confirmation of Reports
Mandated reporters shall confirm their telephone report in
writing on a form prescribed by the Department within 48 hours after the oral
report. The Department shall provide forms to mandated reporters - one for the
exclusive use of medical professionals and another for use by all other
mandated reporters. These confirmation reports shall be admissible as evidence
in any administrative or judicial proceeding related to child abuse or neglect.
Local investigative staff shall transmit confirmation reports to the State
Central Register within 24 hours after receipt.
c) Other Persons May Report
Other persons may report suspected child abuse or neglect if
they have reasonable cause to believe a child may be abused or
neglected.
d) Consequences
of False Reporting
Any person who knowingly transmits a false report
to the Department commits the offense of disorderly conduct under Section
26-1(a)(7) of the Criminal Code of2012. A violation of
this provision is a Class 4 felony. Any person who knowingly and willfully
violates any provision of this Section other than a second or subsequent
violation of submitting a false report is guilty of a Class A misdemeanor for a
first violation and a Class 4 felony for a second or subsequent violation.
[325
ILCS 5/4] The Department shall refer cases of false
reporting to the local State's Attorney when the reporter is known.
e) Cooperation in Court or
Administrative Hearings
Any person who makes a report or who investigates a report
under the Act shall testify fully in any judicial proceeding or administrative
hearing resulting from such report, as to any evidence of abuse or neglect, or
the cause thereof. Any person who is required to report a suspected case of
abuse or neglect shall testify fully in any administrative hearing resulting
from such report, as to any evidence of abuse or neglect or the cause thereof.
No evidence shall be excluded by reason of any common law or statutory
privilege relating to communications between the alleged perpetrator of abuse
or neglect, or the child subject of the report and any person who is required
to report a suspected case of abuse or neglect or the person making or
investigating the report. [325
ILCS 5/10]
f) Referrals to Public Health
All mandated reporters listed in subsection (b)(1) may refer to
the Department of Public Health any pregnant person in Illinois who is addicted
as defined in the Alcoholism and Other Drug Abuse and Dependency Act [20 ILCS
301 ].
g) Depending upon
Spiritual Means Through Prayer Alone for the Treatment or Cure of Disease or
Remedial Care
A child whose parent, guardian or custodian in good faith
selects and depends upon spiritual means through prayer alone for the treatment
or cure of disease or remedial care may be considered neglected or abused, but
not for the sole reason that his parent, guardian, or custodian accepts and
practices such beliefs. [325 ILCS 5/4] Where the circumstances indicate harm or
substantial risk of harm to the child's health or welfare and medical care
necessary to treat or prevent that harm or risk of harm is not being provided
because a parent or other person responsible for the child's welfare depends
upon such spiritual means, the child shall be subject to the requirements of
the Act for the reporting of, investigation of, and provision of protective
services with respect to the child and his or her health
needs.
