Masterplate_QN version 14.1
Resolve Conflict, LLC
40 hour mediation program
WITH A CONCENTRATION IN FAMILY MEDIATION
PARTICIPANT MANUAL
AUGUST 21, 22, 23, OF 2015 AND AUGUST 29, 30, 31, OF 2015.
TABLE OF CONTENTS
IMPLEMENTATION 6
RECAP OF TRAINING HOURS 7
OVERVIEW 8
Medication in Central Illinois 8
ADR processes 10
COMMON STYLES OF MEDIATION 10
BENEFITS OF MEDIATION 10
STAGES OF MEDIATION 11
Stage 1 Opening (agreement to mediate) 11
Stage II Ventilation 11
Stage III Clarifications 11
Stage IV Bargaining Generating Options 11
Stage V Agreement 11
MEDIATOR SKILLS 11
IMPARTIALITY AND NEUTRALITY 11
Mediation Example 12
COMMUNICATION, POWER AND BIAS 12
Mediation Example 13
Framing Conflict 14
The Impasse 14
The Caucus 14
FACILITATION 15
Note Taking 16
Most Frequent Questions Asked By The Mediator 17
Body Language 18
Gestures 18
Written Agreement (non-family) 18
Practice, Practice, Practice 19
Ethics and mediation 19
Initiating the process 19
Procedures 19
Costs and fees 19
Family Cases 20
HOW ARE MEDIATIONS INVOLVING A FAMILY RELATIONSHIP DIFFERENT FROM OTHER MEDIATIONS? 20
Language of Divorce 20
Mediation of Domestic Violence Cases. 25
Suspected Domestic Violence 26
Role Play Handout: Finding out about abuse during the mediation 27
Attachment Disorder 29
Age related reactions of children to divorce 29
Role Play handout: Handling high conflict couples 33
Mediation Sessions 34
Starting with just the facts 34
FINANCIAL 35
What you Need to Know about Illinois Child Support 37
Role play handout: the financial process 38
Helpful Hints 38
Role Play handout: generating options 39
Agreements 39
Role play handout: creating the written agreement 45
Ethics in Family Mediation 45
Standards of practice for family and divorce mediation 46
Initiating the process 46
Procedures 46
Costs and fees 46
Self determination 46
Concluding mediation 46
Training and education 46
Advertising 46
Relationship with other professionals 46
Advancement of mediation 46
Scenarios/Role Play 46
References 47
APPENDIX A: Model Standards of Conduct 51
APPENDIX B: Local Court Rules 61
APPENDIX C: The Uniform Mediation Act 66
APPENDIX D: ILLINOIS UNIFORM MEDICATION ACT 68
APPENDIX E: Illinois State Law Regarding Unauthorized Practice of Law (UPL) 75
APPENDIX F: IL statute re: effect of written settlement 77
APPENDIX G: Best Interest of the Child 100
APPENDIX H: FAMILIES (750 ILCS 5/) Illinois Marriage and Dissolution of Marriage Act. 101
FAMILIES (750 ILCS 45/) Illinois Parentage Act of 1984. 108
CIVIL LIABILITIES (740 ILCS 80/) Frauds Act. 144
APPENDIX I: Participant Evaluation 148
APPENDIX J: CLIENT Evaluation 149
IMPLEMENTATION
This program is written at the request of Circuit Judge Kevin P. Fitzgerald, Chief Judge of the 11th Judicial Circuit of Illinois, in collaboration with Ms. Amy Mobley McFarland, President of the 11th Judicial Circuit Family Mediators. The program was written by Dr. Laurie Cigainero, Resolve Conflict, LLC as a 40 hour basic mediation course with a concentration in family mediation. The course content covers all of the information normally included in the 40 hour basic mediation course and also includes the basic information taught in the family mediation course. The majority of the role play scenarios will address family mediation cases. The participant manual is designed to be completed by the participant as the course progresses accompanied by handouts and PowerPoint materials. Assessments of the participants will be made throughout the course. Successful completion of the 40 hour mediation course is one of the requirements to be a certified mediator in the 11th Circuit. Program participants should consult the 11th Judicial Circuit Administrative Rules for all of the requirements to become an approved mediator. Although successful completion of the 40 hour mediation course would qualify the participant to begin mediating in most states; the program participants will be asked to consider the benefit of using co-mediation for the first 5 to 8 family cases and then follow up with the advanced mediation class. We suggest male and female co-mediation teams for the first 5 to 8 family cases giving one another critical feedback on each case. The course will look at the use of evaluative, directive, facilitative and other forms and styles of mediation however the facilitative mediation style will be used for the 40 hour course and is used for the majority of the mediation cases.
RECAP OF TRAINING HOURS
The training will include the overview of the process including the art of mediation (30 minutes), the role of the mediator (60 minutes), mediation type, style and format (30 minutes), ethics (150 minutes), diversity & bias (30 minutes), stage I through V of the mediation process (240 minutes), communication skills (60 minutes), family dynamics, child development, child abuse, family/domestic violence, (300 minutes), emotion and venting (30 minutes), impasse (60 minutes), using the caucus (60 minutes), mediation strategies (60 minutes), parenting plans and stages of development (60 minutes), financial aspects of divorce (120 minutes), non-disclosure, income disparity & disparity of general resources (60 minutes), power balances (30 minutes) the effects of divorce & parental alienation (60 minutes), analysis of ethical standards (60 minutes), legal considerations (60 minutes), local procedures (60 minutes). During the training a variety of methods will be used to assess skill retention of which the Role Play method is one. Total (1620 minutes) or 27 hours Practicum using the Role Play method totaling (780 minutes) or 13 hours and (300 minutes) or 5 hours of homework /case assessment for a total of 2,700 or 45 hours.
OVERVIEW
What is mediation?
The Model Standards of Conduct for Mediators (2005) describes mediation as a process in which an impartial third party facilitates communication and negotiation and promotes voluntary decision making by the parties to the dispute.
Mediation serves various purposes, including providing the opportunity for parties to define and clarify issues, understand different perspectives, identify interests, explore and assess possible solutions, and reach mutually satisfactory agreements, when desired.
Mediation has been used for thousands of years. In this section we will look at mediation around the world and the development of the early mediation centers and conclude with the current issues faced in mediation today.
• Mediation around the world
• United States
o Early ADR
▪ Pound Conference
▪ Post Pound
▪ Pound 2015
Medication in Central Illinois
• Where we began
• Training
• Development
There are many forms of mediation such as diplomatic, federal government mediations, local and state mediations, business, family and non-family mediations. We have listed some of the categories of mediation below although we will only briefly touch on many of the forms of mediation the information is intended to broaden the scope of understanding.
Americans with Disabilities Act ADA
Business
Child Custody
Collaborative Practices
Community Disputes
Corporate In-house Dispute Resolution
Divorce
Diplomatic, Foreign and Public Policy mediations
Department of Agriculture - environmental
Education
Equal Employment Opportunity Commission EEOC
Environmental
Environmental EPA
Family Mediation
Family Group Conferencing (normally in conjunction with child protective services).
Federal Mediation and Conciliation
Government neg-reg (negotiated rule-making)
Health Care
Health Care Ombuds
Home Buyers/Sellers
Homeowners
International business contracts
IRS
Juvenile Victim Offender
Landlord Tenant
Lesbian and Gay Community Services
National Association of Securities Dealers (NASD)
Peer Mediation
Probate
United States Postal Services (REDRESS)
Union Contracts in all fields
Victim Offender
ADR processes
Mediation
Private Judging
Arbitration
Med-arb
Neutral case evaluation
Mini trial
Collaborative - 5 stages intro, information gathering, framing, negation, and conclusion.
Cooperative - same as the above but counsel doesn’t end if agreement is not reached.
Combination and hybrid process
COMMON StyleS of mediation
Evaluative
Directive
Facilitative
Transformative
benefits of mediation
Decision making/Empowerment
Relationship Building/Communication
Neutrality
Confidentiality
Time
Costs
Stages of Mediation
Stage 1Opening (agreement to mediate)
Stage II Ventilation
Stage III Clarifications
Stage IV Bargaining Generating Options
Stage V Agreement
MEDIATOR SKILLS
Identify the problem
Communicate /listen/use silence/no judgements
Restate/ Reframe
Generate Options
Evaluate/ reality testing
Impartiality and neutrality
Mediation Example
Identify each of the stages of mediation used in the video. What did you like or dislike about the example? What techniques would you use?
Stage 1 Opening (agreement to mediate),
Stage II Ventilation
Stage III Clarifications
Stage IV Bargaining Generating Options
Stage V Agreement
COMMUNICATION, POWER AND BIAS
Communication breakdown brings parties to mediation. Power and bias play an important role in all mediations. The mediator is trained to handle power differences in all mediations as well as to recognize and respond to bias in themselves and in relation to the parties. In the field of more complex family relationships mediation is used to help restore families who are in turmoil or who are experiencing a breakdown in communication. The mediator needs to understand their personal communication style, conflict style as well as identify their own bias in order to know how to use these personal skills to the best advantage in mediation. Several assessments will be used such as the Thomas Kilmann Conflict Mode Instrument (TKI) and the Gender Quiz which will help with the understanding of bias in communication and how best to handle communication issues during mediation.
• Thomas Kilmann Conflict Mode Instrument (TKI) \
• Gender Quiz
• Bias Quiz
• PowerPoint Presentation: Information Processing Biases Information Processing Biases
• Wilmot-Hocker Conflict Assessment Guide Wilmot-Hocker Conflict Assessment Guide
• Sometimes the problem is not the speakers statement but the receivers lack of understanding or intention (cardboard box falling from the window). (Stoner, 2012)
• Your attitude is showing a primer of human relations by Sharon O’Neil
Mediation Example
Neighbor disputeMediation: A Neighbor to Neighbor Conflict Role Play - The Mediation Process Published on Aug 30, 2013 time 31:27 A large portion of Mediation training relys on roleplaying. Several mediators from the North Shore Community Mediation Program demonstrate a typical conflict being mediated as a role play. The role play outline is written by Seth: Produced by One World Community Productions at Marblehead TV. Produced by Hunnington Gale.
• Clearly identify the stages of the mediation process in the video.
• Role play scenario
Framing Conflict
Culture, ethics, and values influence the perception and framing of conflict.
• Addressing differences
• Dialogue as a building block
• Be aware of your personal knowledge as well as bias
The Impasse
Can you see an impasse coming?
How can reframing help you move on?
Generating options
The Caucus
What is it?
When to use it.
Confidentiality
Using caucus methods in domestic violence situations
FACILITATION
The facilitation method is the most common mediation method because it is driven by the parties. In this section you will develop your facilitation skills by learning the skill first and then using the skill throughout the remainder of the scenarios and role plays throughout the course.
TEDxHampshire College-Jay Vogt- “The Art of Facilitation: Changing the Way the World Meets” This video presentation, given by an experienced facilitator, discusses in greater depth what a facilitator does, why we should use a facilitator and touches on how a facilitator works their “magic.”
Facilitation Techniques- Part 1 of 3 Daniel Saaty, CTO of Decision Lens, discusses the tools necessary to run a successful meeting. Saaty has many years of facilitation experience and this video will provide techniques to facilitate your very own session.
Facilitation Techniques- Part 2 of 3 Daniel Saaty, CTO of Decision Lens, discusses the tools necessary to run a successful meeting. Saaty has many years of facilitation experience and this video will provide techniques to facilitate your very own session.
Facilitation Techniques – Part 3 of 3
. Daniel Saaty, CTO of Decision Lens, discusses the tools necessary to run a successful meeting. Saaty has many years of facilitation experience and this video will provide techniques to facilitate your very own session.
Identify the five rules of facilitation. Which of the five do you think is the most important factor in a successful mediation and why?
Note Taking
There are several different note taking techniques that the mediator must use during the mediation. It is important that when the mediator is taking notes that the parties do not see the notes taken during caucus. Notes taken by the mediator in a case where caucus is not used may not seem as critical, but in any case should still be considered confidential. The “Agreement to Mediate” form should notify the participants of the mediators policy. This section will focus on both the notes taken by the mediator and the notes taken by parties.
Most “Agreement to Mediate” forms state the note taking policy.
• No video or audio recording.
• Notes will be collected at the conclusion of the mediation (if this is your policy).
Why are notes destroyed after the mediation? Increasingly more mediators and mediation centers are requiring that the notes be taken on the paper provided by the mediator or center and shredded at the conclusion of the mediation. Destroying the notes prevents the notes being used in a hearing or trial and also dissuades the parties from using the information to enhance the discovery process. Destroying the notes also indicates to the participants that confidentiality is enforced.
Two page method of mediator note taking:
Using one page with a “long length fold” using one side for spouse 1 and one side for spouse 2 and the second paper/page to hold behind the paper as a “shield”.
Clipboard method:
Using two to pieces of paper (one for each client) with a cover page as a shield.
Open notes method for all participants:
Some mediators have no rules regarding note taking and allow any person in mediation to take any notes.
Most Frequent Questions Asked By The Mediator
Remember that inside an angry person is a hurt person who needs to know they have been heard.
How would… how can…
“Help me understand what you would like to see happen”.
“Could you tell me more about that?”
“What is the problem as you see it?”
“I would like to know more about what you think is important here”
“What else do you think is important to be said to fully appreciate this situation?”
“It seems to me you are saying…”
“What are you willing to do to resolve this situation? “
In other cases _____ has worked in a similar situation.
We can’t change what happened in the past, let’s focus on the future.
Do you mean you think that…?
In other words you are saying….is that correct?
Do you mean you feel?
Body Language
We send about 4000 messages an hour through facial muscles, gestures, body movements tone of voice. The words we speak account for 7 percent of our communication. More than half of the messages we send to others is conveyed through body language and 38 percent through tone, pace, rhythm and inflection (Constantine, 2013).
Mediators need to be aware of head nodding as well as head tilting. Women seem to both nod and tilt their head more than men when active listening which can be viewed as agreement or tilting the head too often can be viewed as a lack of confidence. Auditory learners tilt their head more than visual or kinesthetic learners. For mediators who use hand gestures try to train yourself to turn your palms up as much as possible and keep your body open. Notice the body position such as folding arms and closed fists. If you are concerned you are making too much eye contact look at the top of the nose or the corner of the eye.
If a party looks at you with a blank stare it may be that what you are saying “doesn’t compute” and is a sign that you may have explained or asked something in a way that is inconsistent with their communication style. When a party is giving a blank stare or is unable to see things from another perspective, try to reframe the statement in several different ways.
Gestures
Whether we use our left or right hand, the signs we make say a lot about our communication. The left hand is considered unclean and raising your left hand as a signal to stop could be considered an insult in some Middle Eastern cultures.
Circling your index finger at your temple
America , Germany: You’re crazy
Argentina: You have a phone call
Okay gesture:
France: You’re worth zero
Japan: Money
Brazil: A sexual orifice
Middle East: Sexual proposition
Peru, Brazil, Germany: Anus
Thumbs up
America: Good job
Australia: Up yours
Germany: One, please
Peace Sign
America: peace, victory, solidarity
Great Britain, Australia, Ireland, New Zealand palm out means victory and palm in is the same as flipping the bird.
Horns or ASL for love
America: rock n roll, Texas longhorns, love ya.
Italy, Brazil, Venezuela: Your partner is cheating
Africa: Throwing a curse
Australia: Cattle
Russia: insult aimed at the rich
Buddhism and Hinduism: Sacred hand, dispels evil
(Constantine, 2013 p.116-120).
Scratching or rubbing top of head - confusion
Rubbing the brow - doubt or worry
Tapping or pressing between eyebrows - forced recall
Rubbing eyes mental exhaustion-feeling over burdened
Pulling the side of the eye (unless it’s allergies)- exaggerating, boasting, deceive
Pinching nose- feeling pressured
Fingertips on temple- mental saturation point
Covering mouth while listening - critical evaluation disbelief of what is being said
Covering mouth while talking - fear of speaking hiding something
Holding chin feeling insecure or inferior
Pulling skin on throat – concerns about expressing oneself
Pulling on lips – greed
Rubbing behind ears - fear of not being understood
Rubbing back of neck - would rather not think about it right now
(Fulfer, 1996, p.102-108)
Handout:
Written Agreement (non-family)
• Effect of written settlement agreement
• Partial Agreement
• Settlement and executing a written agreement
• What the agreement must include
• Sample agreements (handout)
• Reporting to the court
Practice, Practice, Practice
Role play notes:
Ethics and mediation
Confidentiality and neutrality
Why are we talking about this again?
Training
Advertising
Local procedures
Initiating the process
Procedures
Costs and fees
Family Cases
How are mediations involving a family relationship different from other mediations?
In non-family mediations the parties may never go to court and the mediated agreement may never be filed in court. In family mediations especially in cases involving divorce the case will be filed with the court and be approved by a judge.
In non-family cases there are very few instances of illegal actions that would require reporting as compared to family cases where the allegations of abuse require mandated reporting.
In most mediation cases the relationship is short or contractual in nature where in family cases the relationships and the issues within the relationship have been created over time and therefore may take more time to resolve.
Children do not enter into contracts and therefore are normally not involved in non-family cases unless the case involves the victim offender element which would be considered under the family tier of mediation. In family cases children are often involved and although they do not attend the mediation they are often the subject of the mediation.
Returning to mediation to resolve ongoing issues although possible in non-family mediation is not common in most cases but is very common in family cases and is often as a result of issues involving children such as support and custody modification.
Divorces involve complex issues such as custody, property, real estate, finances, and debts that directly impact the lives and futures of entire families.
In non-family mediations there are often supporters who want to help that are easily managed. However, in family cases the number of persons involved increases as the number of relationships increase (future boyfriend/girlfriend and future spouses, future siblings and extended families).
Language of Divorce
• Changing the language right from the start
• Terms
o Parenting
o Parenting time
The Institution of Marriage
What is marriage? What is the purpose of the family?
Most ancient societies the institution of marriage provided both-
• a secure environment for the perpetuation of the species and
• a system of rules to handle the granting of property rights
Why People Marry
• for economic and physical security
• to have heirs for property
• for business. Political or military alliance
• for love
• for companionship
Successful Marriages
Divorce
Divorce is a way of dissolving a legal marriage that permits the partners to remarry if they choose.
1. It differs from an annulment which declares a marriage invalid because of some defect in the contract
2. Divorce involves the recognition that marriage has irreparably failed and that at least one of the partners has no desire to continue the martial relationship.
Historical Background: Handout
Divorce Rates: Handout
Statistics: Handout
The Phases of a Divorce
When a couple ends a marriage both persons go through several stages or phases which in themselves are several types of divorce. Each of the stages has an effect on each spouse and their children. Typically the stages model the stages of grief
1. Emotional divorce (See: Elisabeth Kubler-Ross grief process)
Denial
Anger
Bargaining
Depression
Acceptance
2. Legal Divorce
• This is the court process that divides property and child rearing responsibilities
• It may be long and adversarial process that sets parents at odds with each other and frequently emphasizes a winner and a loser.
3. Economic divorce
• This is the financial separation of one household into two.
• Money may flow from one household to the other in the form of spousal support and child support.
• Money becomes “mine” and “yours” often with little flexibility.
• The standard of living for one or both households will change.
4. Parental divorce
• Parents do not divorce their children. Parallel parenting functions need to be worked out.
• It is essential to identify the children’s needs and agree on ways to meet these needs even if parents disagree on everything else.
5. Social divorce
• This is the process of deciding whose friends your mutual friends become.
• Feeling of social isolation and rejection are common.
• Developing new social relationships becomes a priority.
6. Psychological divorce
• You learn to think single by shaking off the imprint of your partners personality and reclaiming your own tastes and interests.
• You now must take full responsibility for your own success and failures.
7. Tax and Financial Aspects of Divorce
Power Differences
Culture
Temporary Orders – When the initial petition is filed, either person could request a temporary order to prevent the other spouse from empting bank accounts, moving assets, or to establish temporary child support or maintenance while the divorce is pending (Stoner, 2012).
Family Violence (Family Wellness page 11).
Emotional
Psychological
Verbal Spiritual
Homophobic
Financial
Immigration
Destructive Acts
Physical
Sexual
Insert video
Published on Jan 25, 2013 Leslie Morgan Steiner: Why domestic violence victims don't leave 16:00 Leslie Morgan Steiner was in "crazy love" -- that is, madly in love with a man who routinely abused her and threatened her life. Steiner tells the dark story of her relationship, correcting misconceptions many people hold about victims of domestic violence, and explaining how we can all help break the silence. (Filmed at TEDxRainier.)
October 21, 2009
This month the Bureau of Justice Statistics released their latest report on Female Victims of Violence (PDF). The report focuses on intimate partner violence, rape and sexual assault, and stalking. It includes estimates of the extent of crimes against females and the characteristics of crimes and victims. The following 10 facts are a small sampling of findings from the report.
• In 2008, females age 12 or older were five times more likely than males age 12 or older to be victims of intimate partner violence.
• In 2007 intimate partners committed 14% of all homicides in the U.S.
• The total estimated number of intimate partner homicide victims in 2007 was 2,340, including 1,640 females and 700 males.
• Females made up 70% of victims killed by an intimate partner in 2007, a proportion that has changed very little since 1993.
• Females are generally murdered by people they know. In 64% of female homicide cases in 2007, females were killed by a family member or intimate partner.
• The overall rate of female homicides fell 43% between 1993 and 2007.
• Between 1993 and 2008 the rate of rape or sexual assault against females declined by 70% (from 4.7 to 1.4 per 1,000 females age 12 or older). The rate of rape or sexual assault against males declined by 36% between 1993 and 2008 (from 0.5 to 0.3 per 1,000 males age 12 or older).
• One in five rape or sexual assaults against females (20%) was committed by an intimate partner.
• During a 12-month period in 2005 and 2006, an estimated 3.4 million persons age 18 or older were victims of stalking.
• Females were at higher risk of stalking victimization than males. During the study period, females experienced 20 stalking victimizations per 1,000 females age 18 or older. The rate of stalking victimization for males was approximately 7 per 1,000 males age 18 or older.
Published on Feb 11, 2013 Violence against women—it's a men's issue: Jackson Katz at TEDxFiDiWomen 19:06 Jackson Katz, Phd, is an anti-sexist activist and expert on violence, media and masculinities. An author, filmmaker, educator and social theorist, Katz has worked in gender violence prevention work with diverse groups of men and boys in sports culture and the military, and has pioneered work in critical media literacy.Katz is the creator and co-founder of the Mentors in Violence Prevention (MVP) program, which advocates the 'bystander approach' to sexual and domestic violence prevention. You've also seen him in the award winning documentary "MissRepresentation."
Notes:
Mediation of Domestic Violence Cases.
When possible (if you are notified of the abuse in advance from the courts or from another agency) schedule the mediation at a center with security procedures in place as well as metal detectors. In McLean County, IL the Arbitration Center is a recommended location for mediations involving domestic violence.
Before the start, inform those concerned (including the court) that you are conducting the mediation and give the estimated time of the start and finish as well as a code word as a precaution.
Ensure the safety of the room as a precaution (you will use the caucus method for this case).
Consider mediating these types of cases in a co-mediation team for safety reasons as well as addressing issues of fairness and impartiality.
Have the offender arrive first and be in a room where the other party cannot be viewed entering or leaving.
Have the survivor arrive afterward and also leave prior to the offender so that the person (and vehicle/mode of transportation) cannot be viewed.
According to the ABA Guide to Marriage, Divorce & Families (2006, P.197)
The warning signs of domestic violence
Exhibited prior violent or threatening behavior toward family or friends
Is easily prone to anger
Is very controlling and tries to make all decisions
Attempts to isolate (keep partner from friends or family)
Blames others for his or her own mistakes
Is very moody (can switch from nice to enraged very quickly)
Calls the partner names or uses other expletives
Extremely jealous frequently accuses partner of being unfaithful
Cruel to animals
Abuses drugs or alcohol
Experiencing economic hardship or prolonged unemployment
Was themselves abused earlier in life or witnessed abuse.
Suspected Domestic Violence
During the mediation if you suspect domestic violence because:
• One party seems to jump or flinch when the other moves.
• There is name calling and yelling in the session.
• One or both parties have injuries (bruising, black eye, bandaged areas).
• One party doesn’t want to allow the other to speak.
• One party refuses to speak.
• One party won’t make eye contact with anyone in the room (you suspect this is not culturally related).
• One party seems insistent that the other gets their way regardless of the consequences (terrified that the person won’t get their way).
• One party cries uncontrollably and can’t speak
• One party immediately stops talking when the other party makes eye contact.
• One party seems to dwell on the safety procedures and options.
• One part shaking a lot (may seem emotionally on edge) and has no knowledge of any financial status or account (and perhaps none are in the persons name).
Place the parties in caucus with the most traumatized person in a room with the easiest exit (preferably with a locked door and phone access).
1. Has the behavior been reported in the past?
2. Have you been assigned a case worker?
3. Remind the parties that you must report.
4. Once the information is gathered determine if the parties was to move ahead using the caucus format.
5. Complete the remainder of the mediation in a closed session.
Family Violence and Spousal Abuse
Insert video
Role Play Handout: Finding out about abuse during the mediation
Custody of Children
Best Interest of the Child
• The desires of the child;
• The emotional and physical needs of the child, now in the future;
• The emotional and physical danger to the child now and in the future;
• The parental abilities of the individuals seeking custody;
• The programs available to assist these individuals to promote the best interest of the child;
• The plans for the child by these individuals or by the agency seeking custody;
• The stability of the home or proposed placement;
• The acts or omissions of the parent which may indicate that the existing parent child relationship is not a proper one and
• Any excuse for the acts or omissions of the parent.
This list is not intended to be exhaustive but rather a general representation.
Stages of Development of Children
Normal stage of development by age
Handout:
Newborn to 1 year
12 months
18- 24 months
Two years old
Three years old
Four years old- starting to learn more about socialization and how to express anger appropriately (one of the focus points of pre-school). (LaForge, 1999).
Five years old- Continue to learn more socialization and understand consequences of expressing anger appropriately. Learning routines. Self esteem building and independence. Beginning in Kindergarten teachers will not allow children to be babied. Pre reading skills.
Resolve problems by asking them questions such as How do you feel about that? How did you handle that? Will you handle that differently next time? (LaForge, 1999).
Six, seven and eight years old Playing more with others (instead of along side)
Tattle Telling and blaming are on the rise. Emotional. Look for clues in reading. This is the age that audio processing issues are surfacing. They begin having to express themselves in writing. They are learning about organization. Friendships are very important (not being someone’s friend is the worst thing in the world).
Start to worry more. Start to need conversations more about their day and their feelings. They start to need more time alone. Simple chores. (LaForge, 1999).
(9-11)Nine through eleven years old- Due to changes in our environment and food supply children are entering puberty at much earlier ages. Due to the changes in hormones. Peer pressure increases. Kids in this age range love to correct their parents. More intricate chores. Begin cooking. Remind your kids of their strengths. (LaForge, 1999).
Adolescence through puberty- Chapman (2010) describes this stage as entering the age of reasoning. This is the stage that they begin to understand sexuality and social roles. Children are able to see the logic in each of the different positions (in their own position and that of their parents). Parents often see their child as argumentative rather than realizing they are developing a critical skill. Teens like everyone else will feel more comfortable with people who agree with their point of view (Chapman, 2010 p. 20). The difference between when you were a teenager and today’s youth is technology, knowledge of and exposure to violence, more fragmented families, knowledge of and exposure to sexuality and neutral moral and religious values.
Able to complete rather complicated or complex chores on their own. Cooking completing laundry. Demonstrate that you have heard your child by paraphrasing. Talk about and model your values. Let your child plan the time out with you. (LaForge, 1999).
Attachment Disorder
Handout:
Children (as well as adults) experience false guilt which Sherrie Eldridge describes as the emotion we experience when something painful happens that we have no control over.
Children often feel responsible for the divorce even if the parents have explained that the divorce is not the child’s fault.
Age related reactions of children to divorce
Children experience the emotions of divorce even though they might not be vocal enough to express their feelings it will show in behaviors. (See: Elisabeth Kubler-Ross grief process; denial, anger, bargaining, depression, acceptance).
Verny & Kelly in The Secrets of the Unborn Child list studies that indicate how much of the personality is developed in utero including the propensity for depression based on the amount of depression (cortisol) produced by the mother. The sleep habits and as well as some allergies and food preferences are developed in utero. If the mother is anxious and depressed the chemicals produced by the body will affect the fetus. The mother’s mental state has an effect on the fetus. Some states do not allow a divorce to be finalized while a woman is pregnant and if the woman delivers before the divorce is final the husband will be listed as the father.
Newborns require skin to skin, eye to eye contact (preferably with a well-rested, caring, happy caregiver). Without proper touch and interaction in the first few months of life the baby will develop reactive attachment disorder (RAD) which will affect their ability to form any meaningful attachment throughout their life. Lack of empathy, lack of meaningful relationships, the ability to form relationship does in fact handicap the infant both emotionally and intellectually (Verny & Kelly 1981, p. 174). In many cultures caregivers “wear” the baby next to their skin through the first year of life.
Ages 1 to 2 “The firsts stage” such as first words, firsts steps and so on happen in these formative years and require constant interaction, learning through play. The child is learning trust, independence and developing the bulk of the remaining personality traits. Keeping promises, physical interaction, eye contact, feeling of being heard and included (playing with parents, learning to listen) is critical.
Time with both parents is critical and the new trend is for the children to stay in the home and the parents rotate out (rather than the parents each having a separate home where the children rotate in/out for time with each parent. In one Michigan case the couple were both able to move into their respective parents home and take turns rotating into the “family home” every other week. Once the children entered college the home was sold and profit split equally. “My children did nothing wrong and should not have to give anything up or have disruptions in their lives because their father and I no longer want to be married. They need to know that we both love them unconditionally and that we still love and respect one another even though we are no longer married”.
Ages 3-4 Gaining independence. Doing things on their own including dressing, selecting food preferences, initiating games. Children are expressing feelings and are very sensitive to parental approval. Moving to the age when overnights may be possible depending on the child.
Age 5-7 Overnights become possible. Children are developing outside relationships with classmates and teachers.
Age 8-12 Children are able to regulate their behavior and are increasing developing independent relationships. Children have a good concept of themselves and want to participate in community activities. Seek approval from peers as well as family.
Age 13-18 - Is the age of “psychological emancipation”. Children are experiencing sexual development. Be sensitive and flexible when scheduling. “Their schedule is paramount to them!”
Children can’t heal if the parents are fighting.
The effects of divorce on middle class U.S. children
Parents should validate the child’s feelings. Ask the child if there is anything they want to talk about or maybe are worried or concerned about. Make sure the child knows that they can talk and express emotion and question what is happening. The needs of the child may be different now (they may need more assurance, they may have feelings of abandonment or rejection that they can’t identify or express and so on). The needs of the child may be different at school (trouble staying focused on class work, may not tell the parents they have homework because they don’t want to add to the parents stress). The child may not bring up extra-curricular activities because they are afraid of the parents reaction or that they should not want to have fun.
Parents should not
Avoid the topic, tense their body up or give off the body language that it is an uncomfortable topic, make faces/noises or any other reaction when the child speaks about the other parent.
Parenting Coordinator
High conflict parents may need to use a parenting coordinator which is a person who is familiar with both parents and their agreement and helps iron out problems as well as help with the facilitation and implementation of the parenting plan.
Child Abuse
Insert video
Illinois State Law on Child Abuse (See Appendix)
Mediator Procedure and Techniques for Handling Allegations of Child Abuse in Mediation
In a court ordered referred annexed case:
If child abuse has been previously alleged and reported to the mediator the mediator will make the parents aware of the policy of reporting criminal acts (including child abuse which have been admitted during mediation to the proper authorities).
The mediator will not have to stop the session if the subject is raised (if it was previously reported).
If the child abuse is raised as an issue for the first time during the mediation
• The mediator can decide to allow the discussion to continue without immediate intervention until it can be determined whether the allegation remains an important issue or disappears; or
• The mediator can decide to stop the mediation advise the parties that a report of child abuse or neglect must be filed.
• Both parties will be told of the report beforehand.
• If their attorneys are not present, the parties will be given the opportunity to contact them to inform them of the matter;
• The presiding judge in the matter will be contacted by the mediator and informed of the decision to report child abuse allegation to CPS/DCFS;
• The CPS or DCFS will be contacted by the mediator and give the circumstances requiring the report;
• Parties will be given the option to continue the mediation or cancel / postpone as they wish or as their attorneys advise.
In a family case not yet filed in a court the guidelines are the same with the exception of notifying the presiding judge.
Illinois Family Code (See Appendix)
1. The Marriage Relationship
2. Child in Relation to the Family
4. Protective Orders and Family Violence
5. The Parent-child Relationship and the Suit Affecting the Parent-Child Relationship.
Parenting Plans
Keep them on track: Talk about your child’s needs rather than your spouse’s failings (James, 1997).
Introducing the parenting plan- Although we teach a separate class on completing a parenting plan we will give an overview as well as some tips for high conflict families.
Overview of the parenting plan process
A co-parenting plan is a contract made between the parents and represents a set guidelines the family will follow which includes:
• Time sharing schedule
• Schedule change requests
• Phone calls and skype policy
• Toys and belonging
• Boundaries or rules at each household
• Transportation guidelines (pick up and drop off policy)
We ask that parents write into the plan that they will/will not:
• Turn kids into messengers
• Say bad things about the other parent
• Keep angry or accusing remarks to yourself
• Keep electronic calendar that both parents can access
• Keep all appointments visible to parents/children
• School and medical information sent to both parents
• Keep pictures available at both homes
When parents can’t do the exchange with the other parent without their being an issue they agree to get professional help or find a way to minimize conflict.
• Have the drop off be at school (one parent drops the child at school in the morning and the other parent picks up the child at school at the end of the day).
We ask parents to never:
• Exchange money in front of their child.
• Don’t question the child and don’t fall into the trap of blaming the other parent or having your child complain about the other parent.
• Don’t force the child to miss social events because of the time scheduled with the other parent (slumber party)
Bad mouthing the other parent causes the child/children to have low self esteem and feelings of abandonment. If a parent bad mouths the other in front of a new spouse the child will never bond with the stepparent no matter if the step parent never says a harsh word about the other parent. We remind them that it is all in their hands!
“The reality is people change. Rules change, living situations change and people move on to new relationships. The parenting plan addresses many of the pitfalls that come about to keep you out of court or conflict with the other parent”.
Why is the parenting plan completed first?
Considerations
Relationships
Living Arrangements
Holidays and special occasions
Religion
Finances
Supervision
Routines
Discipline
Illness/doctors/insurance/dentist
Decisions (who decides when you can’t)
Extra Activities
Rules for co-parenting
Living arrangements that everyone can live with
How negative talk affects the child-alienation
When you make the child the messenger
How peaceful transitions make a difference (arguing at drop off/pick up)
Making sure it’s not a contest
Keeping the child’s schedule
When others attempt to alter your relationship with your child (new relationships).
Scenario Insert
Role Play handout: Handling high conflict couples
Your interests are your needs, priorities and goals. In a contested court case the law dictates what happens. In a mediated settlement the focus shifts to the interests of those involved. (Shifts from legal to interests).
When does a couple need a financial planner or someone investigate?
Couples who own a business
• asking for a buyout instead of asking for payments.
Mediation Sessions
What works best for the family? We have found that it is extremely hard for couples to miss work as well as plan for childcare and to our surprise couples select one long session rather than several small sessions but the option is one of their first agreements in the process. The option to work on their agreement as they feel ready:
One 4 hour session
Three hour (plus) sessions
Four 1 hour sessions
Skype sessions
Starting with just the facts
Bifurcation
Date of marriage
Date began living together
Date you started living separately
Full names, ages and DOB of children
Child _________________________ age______ DOB________
Child _________________________ age______ DOB________
Child _________________________ age______ DOB________
Spouse 1____________ age and occupation _________________
Spouse 2 ____________ age and occupation _________________
FINANCIAL
Financial issues in a marriage are often a source of conflict and for that reason it isn’t a surprise that financial issues continue throughout the divorce and for years afterward. Couples who are living beyond their monthly income prior to separation will have increased issues when the same income is being used to support two separate homes. For some couples the paperwork completed for the financial aspects of the divorce are the first time that all of the income and the debts have been observed in a cohesive “at a glance” format. It is also important to note that this may be the first time that the couple is compiling a complete budget. Even for couples who are well acquainted with their finances and budgeting this is a time of increased stress and frustration. Couples also may feel very vulnerable that an outsider has seen private information. Assurance of the mediator confidentiality and mediator ethics may help the couple understand the importance of complete disclosure and keep the couple future focused.
For couples who developed a protocol before marriage on how expenses will be shared including consulting one another on purchases and using joint funds to pay for child expenses, may have more emotional control in financial discussions. Couples that have discussed in advance the policy toward savings and toward debt may also have discussed wills and other documents and may have more overall knowledge concerning their financial situation (Margulies, 2001).
We understand that in Central Illinois there are attorneys that are approved and assigned to handle financial portions of the mediation process. Our goal at Resolve Conflict. LLC is to provide you with an overview so that you have the background information needed to understand what takes place in the process and therefore are a better informed mediator. We can share with you what we ask parties to bring to mediation and how we handle general financial portions of the mediation as well as some resources to learn more on the topic. Approval from your local court is necessary if you are interested in conducting the financial portion of the mediation.
Compiling the forms may take several weeks as the couple may have to contact companies/agencies as well as organize personal records. Items needed
Handout:
• Recent pay stubs for both parties (list of certifications/education)
• Bank records for all accounts (checking, saving, specialty savings and 529, safe deposit)
• Investment account records
• 401K, profit sharing, pension,
• Tax records for the last 5 years
• Deeds to all real estate
• Auto titles (and any recreation vehicle titles) and or loan statements
• Debits (all credit card statements, loans, bills including student loan statements)
• Insurance (health, disability, home, life, auto)
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Bottom of Form
What you Need to Know about Illinois Child Support
Handout and website
Parents are legally obligated to provide financial support for their children. Child support is used to gain financial support from the non-custodial parent. In Illinois, child support is determined based on a number of factors, which include:
• The number of children who are the subject of the pending action
• Income of the non-custodial parent
• Cost of family health insurance paid by the non-custodial parent
• Amount of child support paid by the non-custodial parent for children from a previous marriage
• Amount of alimony paid by the non-custodial parent to a spouse from a prior marriage
Handout:
• Talk about your needs rather than your spouses failings (James, 1997).
• Collections, Club Memberships, Time Share, Frequent Flyer Miles, Livestock/Pets, Who receives the tax write off, Maintenance and Repairs of property
• Attending spiritual/religious services (tithing commitments).
• Did you give up to maintain the home and family?
• Did being the main caregiver decrease your earnings?
You can’t move ahead until all of the financial gaps are completed. You can only move ahead as fast as the slowest party is comfortable so if one person is the “get it done” person then it is going to seem like a slow tedious process and increased patience will be needed. Even when the process seems to stop and go backward to fill in missing gaps the parties need to be assured that they are still moving ahead (Stoner, 2012).
Role play handout: the financial process
Helpful Hints
Where to start?
If the couple has not been communicating or has a tendency to argue at the mere sight of one another, start with simple issues.
If the parties have been communicating and there is a decision that other decisions hinge on (keeping the house or selling, children’s education) start with the most difficult.
It is OK to ask the parties where they want to start. Some mediators do this separately to see if the parties give the same answer. (Don’t ask the parties if you suspect a power struggle situation or if you have any reason to suspect intimidation by one of the parties).
Generating Options is one area that can make the most difference so don’t sell this process short. Any option goes on the board even the most outrageous (and you might need to suggest the most outrageous options before in order to get the parties to talk).
When reality testing, it is fine to back up and consider if the balance “feels right” or to go back to another stage in the process.
Team approach
Can it be cost effective to use a divorce financial specialist, child advocate and other mental health professionals instead of lawyers?
Seat most combative in deepest softest chair
If they are combative keep them looking at you
Ignore the questions until you are done speaking.
Use silence! The disputants should be talking 80% of the time
What is the problem as you see it?
Inside an angry person is a hurt person
Do you mean you feel?
Do you mean you think that?
Role Play handout: generating options
Agreements
Agreements to be in writing:
Unless otherwise provided in these rules no agreement between attorneys or parties touching any suit pending will be enforced unless it be in writing signed and filed with the papers as part of the record, or unless it be made in open court and entered into record.
Compromise and Offers to Compromise
Evidence of 1) furnishing or offering or promise to furnish, or 2) accepting of offering or promising to accept a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise discoverable merely because it is presented in the course of compromise negotiations. This rule does not require exclusion when the evidence is offered for another purpose such as providing bias or prejudice of a witness, negating a contention of undue delay or providing an effort to obstruct a criminal investigation or prosecution.
The written mediated agreement
A. A written mediation agreement must stem from the mediation process itself. The operative term here is agreement not contract. An agreement as we use the term reflects the joint effort of all parties.
B. The agreement must be understood and credible to all involved. It must also be able to work in the real world.
C. The mediation agreement should state that the parties to the agreement have listed their own issues and terms that in one has advised (other than their own attorney if applicable), forced, or coerced either party to accept the terms of the agreement.
D. Furthermore, the parties should state something to the effect that:
1. The mediator/mediation agency/service/company, its owners/ board/staff will not be held responsible for the contents of the agreement for the outcome of the case in dispute, or litigation or for any action which may be taken by any disputing party involved in the case, before, during, or after the mediation session.
2. Additionally the parties agree that mediator/mediation agency/service/company, its owners/ board/staff will not be required to testify or provide testimony, in any form, in any proceedings relating to or arising out of the matter in dispute or be subject to service of process requiring disclosure of confidential information or data relating to or arising out of the matter in dispute.
3. When actually writing the agreement the parties should outline their own needs, protect their common interests, and outline their own plan to rebuild communication, which will be the key to the long term success of the agreement.
4. The written mediation agreement is fundamentally different in content, style and language from a legal agreement since it is created by the parties themselves as a result of their own experiences in their conflict with each other.
5. For mediators the crafting of a mediation agreement is an acquired skill, but one which can be learned and improved by continued experience in and study of the mediation process.
In crafting written, mediated agreements, mediators should recognize the following elements necessary in the writing of the agreement.
Identify the parties
Somewhere in the written agreement, usually in the beginning, write the complete name of the parties, identifying which is the petitioner and which is the respondent. If the case has been filed in court, you will know their positions form the style on the pleading, or court order/referral for mediation.
IRMO
1. In the mediation process, the mediator’s role is to assist the parties to understand and realize their respective interests; it becomes the mediator’s job to help the parties understand which is the most important, and to rank the points in the dispute. Such a ranking may help the parties to understand which issues are truly important and which are tangential in nature, and more destructive to the mediation process than helpful. A ranking of points in dispute responds to two questions:
a. First, from the perspective of the parties themselves, what do they perceive as most important?
b. Second, what issues are the most important with respect to law, logic and social norms.
c. In dealing with the issues in dispute, some mediators feel the more contentious points should be dealt with first. When they are successfully resolved, the remaining, less important issues will quickly become resolved.
d. However, in many instances, the most contentious issues may be impossible to resolve without a show of good faith which the resolution of less important issues may indicate.
e. To all the fastest, most productive agenda to emerge, the mediator(s) should allow the parties to select the issues they wish to discuss first. It is their dispute, therefore, they should be allowed to pick what they want to talk about.
2. Interim and Provisional Agreements
a. During the course of mediation, various ideas and solutions come up. They may sound very good, but should be “tried out,” or “tested,” before finalized in the agreement. Such issues may be written down as an interim agreement for the parties to follow until such time as the dispute can be finalized.
b. Interim agreements are especially helpful in family disputes. These disputes are usually characterized by a lack of trust due to many factors. A degree of trust may be returned, merely by giving the parties a demonstration of trustworthiness, or good faith.
c. If the interim agreement works, then it can be used as a building stone for a provisional or permanent agreement.
d. A provisional agreement does not bind the parties past the duration of time designated for a trial basis agreement. It makes no difference how insignificant any interim resolution or concession may seem. It advances the process, cultivating a receptivity toward a more conciliatory attitude, and can lead to further agreement.
e. Provisional agreements are a fundamental methodological tool of mediation. The written language of the agreement should be simple, clear, detailed and future oriented. Whenever possible, it is a good idea to try to capture the words of the parties themselves. This can circumvent the parties from feeling the mediator is possibly inserting, or reflecting any personal agenda or bias he/she may have. Furthermore, this helps reinforce the parties connection and commitment to the agreement.
f. A provisional agreement helps clarify for the parties themselves their actual goals in the mediation. This, in turn, enables them to consult with friends or legal advisors productively. A provisional agreement – to which details may be added to or subtracted from – gives the parties a sense of flexibility.
g. Like the interim agreement, a provisional agreement also helps to build or renew trust and gives a tangible indication as to whether a final agreement is really possible.
h. To sustain a provisional agreement is the litmus test of whether it is possible to sustain trust between the parties, and thus to reach a final agreement that holds water.
i. Part of reaching the stage of drafting a provisional agreement is self-scrutiny by the parties themselves. What, precisely, can they commit to writing? How closely have they moved toward resolution?
j. The ideal situation is the final agreement to come from the parties themselves. Unfortunately, this does not often happen. This is the power of the provisional agreement: It gives the parties the tools with which to develop a final agreement that will satisfy them both.
k. Revisions to a provisional agreement requested by the parties give the mediator an important tool – an understanding of the parties’ underlying intentions toward each other, and of how they really feel about the mediation process thus far.
l. Throughout the drafting of the agreement, it is important to constantly revise – to view the agreement as fluid and fungible- until it is final.
m. Formulation of the revisions is best done at a separate meeting with each party individually. Only afterwards should both parties meet to decide which clauses should be incorporated into a final agreement.
n. Whenever a party expresses an interest in changing an agreement, it is important to understand whether it fundamentally changes or merely “tweaks” the agreement. Further, it is important for the mediator to know the source of the proposed change.
1) Does it express a fuller understanding of the agreement- or does it pose a new problem, or reflect regret, or a change of mind?
2) Is it an expression of fear going through with the agreement?
3) It is vital to understand a party’s motivation for a revision – does it advance the process or impede it?
4) Another consideration: Should a mediator attribute the revision to the party himself, or as a joint idea of the party and the mediator?
o. To address necessary changes and revisions in the agreement can alleviate fears for the parties. The possibility of revision shows that it is possible to alter that which has not been set. This reinforces the notion that mediation is not coercive. Revision adds credibility to the process. Revision can also show whether the ultimate agreement will stand the test of time by unveiling a party’s true intentions.
p. Reading the Agreement Aloud and Other Final Steps.
1) The mediator must be certain that each of the parties has read the agreement separately.
2) If it seems necessary for the mediator to read the agreement with each party separately, this should be done.
3) Subsequently, the agreement should be read while both parties are present, in order to confirm the accuracy of the settlements heretofore agreed upon.
4) Moreover, during the reading after each section, the mediator should affirm that both parties understand the provisions in the same way and that there is a meeting of the minds.
q. It should be clear to the parties that this is the critical time to decide whether they will terminate the dispute by agreeing to sign the final agreement and comply to it.
r. A provision should appear at the conclusion of every mediation agreement that provides for resolving any future conflict between the parties. This clause should envision a possible change of circumstances that would make the present agreement obsolete, but that also commits the parties to attempt further mediation before taking legal action.
s. Since the mediators do not serve as legal advocates for either party, but as neutral facilitators that advance each party’s interests, the parties should consult with their legal representative prior to signing the final agreement.
1) This helps ensure that nothing in the agreement violates or ignores their legal rights. The mediator should confirm that each of the parties has done this.
2) Each party is encouraged to consult his legal advisor of choice; the mediation center’s attorney need not be used, although it is an option for any interested party.
3) When consulting a private attorney, it is important that the attorney be someone who understands and appreciates the mediation process.
4) This is so he may effectuate and support the agreement, rather than sabotage the work that was accomplished during the mediation, as is reflected in the resulting agreement.
5) Nevertheless, the possibility of necessary legal revisions is normal, and should be expected.
t. Formally Signing the Agreement.
1) This final step brings the process full circle and it’s purpose is twofold:
a) First, the active signing on behalf of the parties is a declarative action of closure to all that transpired throughout the process in order to reach this point.
b) Second, the signature of the parties attests to their understanding and recognition that this final written agreement is the product of a participatory process and reflects the best resolutions they have arrived at in light of the contextual circumstances.
2) The parties signature to the agreement now ensures that the agreement’s status becomes that of a binding legal document and can be approved by a court of law.
3) At this juncture, the mediator explains to the parties the significance of their signatures and the various logistical details that attend to giving this agreement the force of judgment. Moreover, it is essential to clarify to the parties that while this agreement is meant to resolve the present conflict, they nevertheless have the option of returning to mediation should future conflicts arise.
4) On a more personal note, now is the time for the mediator to acknowledge the parties efforts invested in the process that led to this resolution. Furthermore, the mediator should express the hope that this experience and newfound awareness of conflict resolution be internalized in such a way that will empower the parties with the skills and motivation to de-escalate and resolve future conflicts that may arise within their lives.
Role play handout: creating the written agreement
Ethics in Family Mediation
Ethics can be defined as what is good and bad with moral duty and obligation. Black’s Law Dictionary provides that ethics are considered in conformity with moral norms or standards of professional conduct (Kovach 2014, p. 255). Ethics for mediators is often discussed as there are a variety of considerations such as the issue of neutrality and confidentiality in mediation and the differences between states as well as between mediators or mediation organizations.
For advisory type of inquiries on mediator ethics visit after the initial paragraph find “To submit an inquiry please click HERE” which will take you to the online inquiry process. To the right please find the advisory responses issued by the committee.
In this section we will discuss many items such as the use of technology that have previously not been discussed in regards to mediation. It is unusual to conduct mediation sessions today without the parties carrying smartphone technology into the meeting. It must be stated that the use of phones to record any part of a mediation is strictly prohibited.
Standards of practice for family and divorce mediation
Initiating the process
Procedures
Costs and fees
Self determination
Concluding mediation
Training and education
Advertising
Relationship with other professionals
Advancement of mediation
Scenarios/Role Play
Each participant will mediate an entire divorce session including all of the stages as well as the agreement. At this point you have mediated each part of the mediation as well as the agreement but in the last scenario you will put the pieces together and mediate the case in its entirety.
Handout:
References
American Association of Marriage and Family Therapy
ABA Standing Committee on Ethics and Professional Responsibility, Formal Opinion 06-439 (April 12, 2006).
ABA Family Law Section family.
ABA Commission on Domestic Violence
Bens, I. (2005). Advanced facilitation strategies: Tools & techniques to master difficult situations. San Francisco: John Wiley & Sons. ISBN: 9780787977306.
Black’s Law Dictionary, 632 (9th Ed. 2009).
Center for Disease Control and Prevention
Chapman, G. (2010). The 5 Love Languages of Teenagers. Chicago: Northfield Publishing.
Child Support Guidelines
Child Support Calculators for each state calculators/childsupport
Constantine, S. (2013). Reading Body Language. New York: Penguin Group Publishing
Deutsch, M., Coleman, P., and Marcus, E. Eds. (2006 2nd Ed.) The handbook of conflict resolution: Theory and practice. San Francisco: Jossey-Bass. ISBN: 9780787980580.
Divorceinfo mediation.htm
Divorce Magazine
Divorce Net
Doub, G. (2nd. Ed. 2005), Family Wellness Skills & Strengths for Families Affected by Domestic Violence
Family law free advice family –law
Family Violence Prevention Fund
FindLaw for the Public: Divorce & Family Law Center .
FreeAdvice
Fulfer, M. (2nd. Ed. 1996) Amazing Face Reading. Fort Worth: Q Publishing.
Green, J. (2011)? Divorce After 50: Your Guide to the Unique Legal & Financial Challenges,
Hunter, D. (Rev. Ed. 2007 ). The art of facilitation: The essentials for leading great meeting and creating group synergy. San Francisco: Jossey-Bass. ISBN: 9780470467923.
Illinois Child Support
Illinois Department of Healthcare and Family Services
Internal Revenue Service 1-800-829-1040
Top of Form
James, P. (1997) The Divorce Mediation Handbook. San Francisco: Jossey-Bass.
Katz, J. (2013) Published on Feb 11, 2013 Violence against women—it's a men's issue: Jackson Katz at TEDxFiDiWomen 19:06
Kovach, K. (Rev. ed. 2014). Mediation. St. Paul: West Academic
LaForge, A. (1999). What really happens in school. New York: Pocket Books
Legal Information Institute of Cornell University law.cornell.edu/topics/Table_Marriage.htm
Lewicki, R. J., Hiam, A., & Olander, K. W. (1996). Think before you speak: A complete guide to strategic negotiation. New York: John Wiley & Sons. ISBN: 9780471013211
Margulies, S. (2001) Getting Divorced Without Ruining Your Life. New York: Simon & Schuster:
National Domestic Violence Hotline 1-800-799-7233
National Mental Health Association
Saaty, D. (2010) Facilitation Techniques: Part 1 of 3. Part 2 of 3. Part 3 of 3.
Steiner , L. (2013) Published on Jan 25, 2013 Why domestic violence victims don't leave 16:00 (Filmed at TEDxRainier.)
Stoner, K. (3 ed. 2012) Divorce Without Court A Guide to Mediation & Collaborative Divorce CA: Nolo
United States Census Bureau
United States Department of Justice domesticviolence.htm
United States Marriage Laws
Verny, T. & Kelley, J. (1981) The Secret Life of the Unborn Child. New York: Simon & Schuster
Woodhouse, V. & Fetherling, D. (2011) Divorce & Money: How to Make the Best Financial Decisions During Divorce. Berkley, CA: Nolo
APPENDIX A: Model Standards of Conduct
MODEL STANDARDS OF CONDUCT
FOR MEDIATORS
AMERICAN ARBITRATION ASSOCIATION
(ADOPTED SEPTEMBER 8, 2005)
AMERICAN BAR ASSOCIATION
(APPROVED BY THE ABA HOUSE OF DELEGATES AUGUST 9, 2005)
ASSOCIATION FOR CONFLICT RESOLUTION
(ADOPTED AUGUST 22, 2005)
SEPTEMBER 2005
The Model Standards of Conduct for Mediators
2005
The Model Standards of Conduct for Mediators was prepared in 1994 by the American Arbitration Association, the American Bar Association’s Section of Dispute Resolution, and the Association for Conflict Resolution1. A joint committee consisting of representatives from the same successor organizations revised the Model Standards in 2005.2 Both the original 1994 version and the 2005 revision have been approved by each participating organization.3
Preamble
Mediation is used to resolve a broad range of conflicts within a variety of settings. These Standards are designed to serve as fundamental ethical guidelines for persons mediating in all practice contexts. They serve three primary goals: to guide the conduct of mediators; to inform the mediating parties; and to promote public confidence in mediation as a process for resolving disputes.
Mediation is a process in which an impartial third party facilitates communication and negotiation and promotes voluntary decision making by the parties to the dispute.
Mediation serves various purposes, including providing the opportunity for parties to define and clarify issues, understand different perspectives, identify interests, explore and assess possible solutions, and reach mutually satisfactory agreements, when desired.
Note on Construction
These Standards are to be read and construed in their entirety. There is no priority significance attached to the sequence in which the Standards appear.
1 The Association for Conflict Resolution is a merged organization of the Academy of Family Mediators, the Conflict Resolution Education Network and the Society of Professionals in Dispute Resolution (SPIDR). SPIDR was the third participating organization in the development of the 1994 Standards.
2 Reporter’s Notes, which are not part of these Standards and therefore have not been specifically approved by any of the organizations, provide commentary regarding these revisions.
3 The 2005 version to the Model Standards were approved by the American Bar Association’s House of Delegates on August 9, 2005, the Board of the Association of Conflict Resolution on August 22, 2005 and the Executive Committee of the American Arbitration Association on September 8, 2005.
The use of the term “shall” in a Standard indicates that the mediator must follow the practice described. The use of the term “should” indicates that the practice described in the standard is highly desirable, but not required, and is to be departed from only for very strong reasons and requires careful use of judgment and discretion.
The use of the term “mediator” is understood to be inclusive so that it applies to co-mediator models.
These Standards do not include specific temporal parameters when referencing a mediation, and therefore, do not define the exact beginning or ending of a mediation.
Various aspects of a mediation, including some matters covered by these Standards, may also be affected by applicable law, court rules, regulations, other applicable professional rules, mediation rules to which the parties have agreed and other agreements of the parties. These sources may create conflicts with, and may take precedence over, these Standards. However, a mediator should make every effort to comply with the spirit and intent of these Standards in resolving such conflicts. This effort should include honoring all remaining Standards not in conflict with these other sources.
These Standards, unless and until adopted by a court or other regulatory authority do not have the force of law. Nonetheless, the fact that these Standards have been adopted by the respective sponsoring entities, should alert mediators to the fact that the Standards might be viewed as establishing a standard of care for mediators.
STANDARD I. SELF-DETERMINATION
A. A mediator shall conduct a mediation based on the principle of party self-determination. Self-determination is the act of coming to a voluntary, uncoerced decision in which each party makes free and informed choices as to process and outcome. Parties may exercise self-determination at any stage of a mediation, including mediator selection, process design, participation in or withdrawal from the process, and outcomes.
1. Although party self-determination for process design is a fundamental principle of mediation practice, a mediator may need to balance such party self-determination with a mediator’s duty to conduct a quality process in accordance with these Standards.
2. A mediator cannot personally ensure that each party has made free and informed choices to reach particular decisions, but, where
appropriate, a mediator should make the parties aware of the importance of consulting other professionals to help them make informed choices.
B. A mediator shall not undermine party self-determination by any party for reasons such as higher settlement rates, egos, increased fees, or outside pressures from court personnel, program administrators, provider organizations, the media or others.
STANDARD II. IMPARTIALITY
A. A mediator shall decline a mediation if the mediator cannot conduct it in an impartial manner. Impartiality means freedom from favoritism, bias or prejudice.
B. A mediator shall conduct a mediation in an impartial manner and avoid conduct that gives the appearance of partiality.
1. A mediator should not act with partiality or prejudice based on any participant’s personal characteristics, background, values and beliefs, or performance at a mediation, or any other reason.
2. A mediator should neither give nor accept a gift, favor, loan or other item of value that raises a question as to the mediator’s actual or perceived impartiality.
3. A mediator may accept or give de minimis gifts or incidental items or services that are provided to facilitate a mediation or respect cultural norms so long as such practices do not raise questions as to a mediator’s actual or perceived impartiality.
C. If at any time a mediator is unable to conduct a mediation in an impartial manner, the mediator shall withdraw.
STANDARD III. CONFLICTS OF INTEREST
A. A mediator shall avoid a conflict of interest or the appearance of a conflict of interest during and after a mediation. A conflict of interest can arise from involvement by a mediator with the subject matter of the dispute or from any relationship between a mediator and any mediation participant, whether past or present, personal or professional, that reasonably raises a question of a mediator’s impartiality.
B. A mediator shall make a reasonable inquiry to determine whether there are any facts that a reasonable individual would consider likely to create a potential or actual conflict of interest for a mediator. A mediator’s actions necessary to accomplish a reasonable inquiry into potential conflicts of interest may vary based on practice context.
C. A mediator shall disclose, as soon as practicable, all actual and potential conflicts of interest that are reasonably known to the mediator and could reasonably be seen as raising a question about the mediator’s impartiality. After disclosure, if all parties agree, the mediator may proceed with the mediation.
D. If a mediator learns any fact after accepting a mediation that raises a question with respect to that mediator’s service creating a potential or actual conflict of interest, the mediator shall disclose it as quickly as practicable. After disclosure, if all parties agree, the mediator may proceed with the mediation.
E. If a mediator’s conflict of interest might reasonably be viewed as undermining the integrity of the mediation, a mediator shall withdraw from or decline to proceed with the mediation regardless of the expressed desire or agreement of the parties to the contrary.
F. Subsequent to a mediation, a mediator shall not establish another relationship with any of the participants in any matter that would raise questions about the integrity of the mediation. When a mediator develops personal or professional relationships with parties, other individuals or organizations following a mediation in which they were involved, the mediator should consider factors such as time elapsed following the mediation, the nature of the relationships established, and services offered when determining whether the relationships might create a perceived or actual conflict of interest.
STANDARD IV. COMPETENCE
A. A mediator shall mediate only when the mediator has the necessary competence to satisfy the reasonable expectations of the parties.
1. Any person may be selected as a mediator, provided that the parties are satisfied with the mediator’s competence and qualifications. Training, experience in mediation, skills, cultural understandings and other qualities are often necessary for mediator
competence. A person who offers to serve as a mediator creates the expectation that the person is competent to mediate effectively.
2. A mediator should attend educational programs and related activities to maintain and enhance the mediator’s knowledge and skills related to mediation.
3. A mediator should have available for the parties’ information relevant to the mediator’s training, education, experience and approach to conducting a mediation.
B. If a mediator, during the course of a mediation determines that the mediator cannot conduct the mediation competently, the mediator shall discuss that determination with the parties as soon as is practicable and take appropriate steps to address the situation, including, but not limited to, withdrawing or requesting appropriate assistance.
C. If a mediator’s ability to conduct a mediation is impaired by drugs, alcohol, medication or otherwise, the mediator shall not conduct the mediation.
STANDARD V. CONFIDENTIALITY
A. A mediator shall maintain the confidentiality of all information obtained by the mediator in mediation, unless otherwise agreed to by the parties or required by applicable law.
1. If the parties to a mediation agree that the mediator may disclose information obtained during the mediation, the mediator may do so.
2. A mediator should not communicate to any non-participant information about how the parties acted in the mediation. A mediator may report, if required, whether parties appeared at a scheduled mediation and whether or not the parties reached a resolution.
3. If a mediator participates in teaching, research or evaluation of mediation, the mediator should protect the anonymity of the parties and abide by their reasonable expectations regarding confidentiality.
B. A mediator who meets with any persons in private session during a mediation shall not convey directly or indirectly to any other person, any information that was obtained during that private session without the consent of the disclosing person.
C. A mediator shall promote understanding among the parties of the extent to which the parties will maintain confidentiality of information they obtain in a mediation.
D. Depending on the circumstance of a mediation, the parties may have varying expectations regarding confidentiality that a mediator should address. The parties may make their own rules with respect to confidentiality, or the accepted practice of an individual mediator or institution may dictate a particular set of expectations.
STANDARD VI. QUALITY OF THE PROCESS
A. A mediator shall conduct a mediation in accordance with these Standards and in a manner that promotes diligence, timeliness, safety, presence of the appropriate participants, party participation, procedural fairness, party competency and mutual respect among all participants.
1. A mediator should agree to mediate only when the mediator is prepared to commit the attention essential to an effective mediation.
2. A mediator should only accept cases when the mediator can satisfy the reasonable expectation of the parties concerning the timing of a mediation.
3. The presence or absence of persons at a mediation depends on the agreement of the parties and the mediator. The parties and mediator may agree that others may be excluded from particular sessions or from all sessions.
4. A mediator should promote honesty and candor between and among all participants, and a mediator shall not knowingly misrepresent any material fact or circumstance in the course of a mediation.
5. The role of a mediator differs substantially from other professional roles. Mixing the role of a mediator and the role of another profession is problematic and thus, a mediator should distinguish between the roles. A mediator may provide information that the mediator is qualified by training or experience to provide, only if the mediator can do so consistent with these Standards.
6. A mediator shall not conduct a dispute resolution procedure other than mediation but label it mediation in an effort to gain the protection of rules, statutes, or other governing authorities pertaining to mediation.
7. A mediator may recommend, when appropriate, that parties consider resolving their dispute through arbitration, counseling, neutral evaluation or other processes.
8. A mediator shall not undertake an additional dispute resolution role in the same matter without the consent of the parties. Before providing such service, a mediator shall inform the parties of the implications of the change in process and obtain their consent to the change. A mediator who undertakes such role assumes different duties and responsibilities that may be governed by other standards.
9. If a mediation is being used to further criminal conduct, a mediator should take appropriate steps including, if necessary, postponing, withdrawing from or terminating the mediation.
10. If a party appears to have difficulty comprehending the process, issues, or settlement options, or difficulty participating in a mediation, the mediator should explore the circumstances and potential accommodations, modifications or adjustments that would make possible the party’s capacity to comprehend, participate and exercise self-determination.
B. If a mediator is made aware of domestic abuse or violence among the parties, the mediator shall take appropriate steps including, if necessary, postponing, withdrawing from or terminating the mediation.
C. If a mediator believes that participant conduct, including that of the mediator, jeopardizes conducting a mediation consistent with these Standards, a mediator shall take appropriate steps including, if necessary, postponing, withdrawing from or terminating the mediation.
STANDARD VII. ADVERTISING AND SOLICITATION
A. A mediator shall be truthful and not misleading when advertising, soliciting or otherwise communicating the mediator’s qualifications, experience, services and fees.
1. A mediator should not include any promises as to outcome in communications, including business cards, stationery, or computer-based communications.
2. A mediator should only claim to meet the mediator qualifications of a governmental entity or private organization if that entity or organization has a recognized procedure for qualifying mediators and it grants such status to the mediator.
B. A mediator shall not solicit in a manner that gives an appearance of partiality for or against a party or otherwise undermines the integrity of the process.
C. A mediator shall not communicate to others, in promotional materials or through other forms of communication, the names of persons served without their permission.
STANDARD VIII. FEES AND OTHER CHARGES
A. A mediator shall provide each party or each party’s representative true and complete information about mediation fees, expenses and any other actual or potential charges that may be incurred in connection with a mediation.
1. If a mediator charges fees, the mediator should develop them in light of all relevant factors, including the type and complexity of the matter, the qualifications of the mediator, the time required and the rates customary for such mediation services.
2. A mediator’s fee arrangement should be in writing unless the parties request otherwise.
B. A mediator shall not charge fees in a manner that impairs a mediator’s impartiality.
1. A mediator should not enter into a fee agreement which is contingent upon the result of the mediation or amount of the settlement.
2. While a mediator may accept unequal fee payments from the parties, a mediator should not allow such a fee arrangement to adversely impact the mediator’s ability to conduct a mediation in an impartial manner.
STANDARD IX. ADVANCEMENT OF MEDIATION PRACTICE
A. A mediator should act in a manner that advances the practice of mediation. A mediator promotes this Standard by engaging in some or all of the following:
1. Fostering diversity within the field of mediation.
2. Striving to make mediation accessible to those who elect to use it, including providing services at a reduced rate or on a pro bono basis as appropriate.
3. Participating in research when given the opportunity, including obtaining participant feedback when appropriate.
4. Participating in outreach and education efforts to assist the public in developing an improved understanding of, and appreciation for, mediation.
5. Assisting newer mediators through training, mentoring and networking.
B. A mediator should demonstrate respect for differing points of view within the field, seek to learn from other mediators and work together with other mediators to improve the profession and better serve people in conflict.
APPENDIX B: Local Court Rules
ELEVENTH JUDICIAL CIRCUIT LOCAL COURT RULES
STANDARDS AND PROCEDURES FOR COURT-ORDERED MEDIATION OF
CUSTODY AND VISITATION ISSUES AND/OR DISSOLUTION AND FAMILY MATTERS
1. Definition. For purposes of these standards and procedures, dissolution of marriage or civil unions and family mediation is defined as a procedure whereby individuals submit custody, visitation or financial issues disputes to qualified third participants, not to decide the disputes, but to impartially assist the participants to achieve their own fair settlement. While dissolution of marriage or civil unions and family dispute mediation may be viewed as an alternate means of resolution, it is not a substitute for independent legal advice, full disclosure of relevant facts, and consent which is fully informed in the perspective of local legal norms.
2. Subject Matter. Court-referred mediation will be limited to child custody, visitation and removal or financial and property issues.
3. Initial Advice of Mediators. At the initial orientation session mediators should minimally advise the mediating participants as follows:
A. Neither therapy nor marriage counseling are part of the mediator's function.
B. The participants should not begin dissolution of marriage or civil unions mediation unless they are agreed that their marriage or civil union is to be dissolved and that they are submitting for mediation of the disputed issues in connection with child custody, visitation, removal or financial and property issues.
C. The issues to be mediated should be delineated from the outset.
D. The proposed resolution of the mediated issues will be documented in a written summary. This summary will form the basis of the formal mediated agreement, presented to the court for approval.
E. No legal advice will be given by the mediator.
F. An attorney-mediator will not act as attorney for either or both participants and no attorney-client relationship will be formed.
G. Each participant is strongly encouraged to obtain independent legal counsel to assist and advise him or her throughout the mediation. Any documents used in the mediation should be available to such counsel.
H. Independent legal counsel will not be present at any mediation session without the agreement of the participants.
I. If independent legal counsel is not obtained the court must be so advised when the mediated agreement is presented for approval. The participants should be aware that the court may refuse to approve the agreement if it does not meet legal standards.
J. The mediation can be suspended or terminated at any time on the request of either participant or on the request of the mediator. The mediator shall suspend or terminate the mediation if it appears that either participant is acting in bad faith, that the best interest of minor children are not being given priority, that either participant does not fully understand the negotiations, that an impediment to mediation exists or that the prospects of achieving a responsible agreement appear unlikely.
K. The costs of the mediation must be agreed upon, as well as the method and responsibility for payment.
L. The mediator shall not voluntarily disclose any of the information obtained through the process of
mediation without the consent of both participants, except when nondisclosure would appear to create a clear and imminent danger to an individual or to society.
M. The mediator shall reach an understanding with the participants as to whether the mediator may communicate with either participant or their independent legal counsel or with any third parties to discuss the issues in mediation in the absence of the participants. Any separate communication which does occur should be communicated to the participants at the first opportunity.
N. The mediator should assess the ability and willingness of the participants to mediate at the orientation and throughout the process and shall advise the participants if the prospects of successful mediation appear unlikely.
4. Memorandum of Understanding. At the initial session the mediator should provide the participants with a written statement or memorandum of understanding which includes all of the foregoing information in paragraph 3 and any other provisions which are appropriate. This memorandum should be taken and studied by the participants separately. There should be adequate time allowed for each participant to consult with independent legal counsel before the second session begins. At the second session the mediator should determine whether any modifications of the memorandum are desired. The memorandum as modified should be signed by the participants if they wish to proceed with the mediation. This is not a binding contract but a memorandum of mutual understanding and expectations.
5. Minimum Qualifications of Custody & Visitation Dispute Mediators.
A. Mediators are required to have a:
i. A law degree or a master’s degree in psychology, sociology, counseling, child development, education, social work or the equivalent in a related discipline.
ii. Two years of work experience in law, or a professional field is required.
iii. Basic Training. Complete a specialized training in family mediation, consisting of a course of study approved by the Association of Conflict Resolution (ACR) or otherwise approved by the Chief Judge, to consist of forty (40) hours in the following areas:
• Conflict resolution;
• Psychological issues in separation, dissolution and family dynamics;
• Issues and needs of children in dissolution;
• Mediation process and techniques; and
• Screening for impediments to mediation, including domestic violence, sexual abuse, chemical and/or substance abuse and mental illness.
iv. Continuing education by participation in monthly meetings conducted by the Eleventh Judicial Circuit Mediators which incorporate peer supervision.
6. Minimal Qualifications of Financial and Property Issues Mediators:
a. All financial and property issues mediators shall meet the Minimum Qualifications of Custody and Visitation Dispute Mediators, and in addition, shall have the following:
i. Advanced Training.
• Complete at least eight hours of specialized training in dealing with financial and property issues; or
• Complete a one (1) day advanced training program for Financial Mediation approved by the Chief Judge.
7. Insurance. All mediators shall maintain professional liability insurance which covers the mediation process. A copy of said insurance coverage shall be submitted to the Chief Judge of the Eleventh Judicial Circuit on or before January 31st of each year.
8. Attorney-Mediators. Attorneys who act as mediators shall make it clear to the participants that they are not representing either or both of them and that no attorney-client relationship is being formed with either of them. They may bring impartial legal information to the process and may define legal issues, but they shall not advise either participant so as to direct the participants' decision on a given issue or advocate the individual interests of either participant. The participants must be referred to independent legal counsel for that advice or advocacy. Legal information brought to the mediation process by an attorney who represents neither participant is not a substitute for independent legal counsel. The attorney-mediator may draft the mediated agreement if requested to do so by the parties, but may not represent either party before a court in connection with the matter.
9. Non-attorney-Mediators. Any attempt of non-attorney-mediators to interpret law, to advise participants of their legal rights and responsibilities, to direct decisions on issues which require knowledge of the law or to draft the mediated agreement constitutes the illegal practice of law. The mediator has a continuing duty to advise participants of the need for independent legal counsel, and that an agreement reached without independent legal counsel may not be approved by the court if it does not meet legal standards.
10. Impartiality of Mediators. In order to avoid the appearance of impropriety, a mediator who has represented or has had a professional relationship with either participant prior to the mediation may not mediate the dispute unless the prior relationship is disclosed and each participant consents to the mediator notwithstanding the prior relationship. A mediator who is a mental health professional shall not provide counseling or therapy to the participants during the mediation process. An attorney-mediator may not represent either participant in any matter during the mediation process or in a dispute between the participants after the mediation process. Impartiality is not the same as neutrality in questions of fairness. The mediator should discuss the issues with a concern for fairness throughout the mediation and should avoid unreasonable positions on the part of either participant. The mediator has a duty to communicate to the participants his or her bias on any mediated issue.
11. Referrals by Mediators. While mediators must encourage the participants to obtain independent legal counsel, they shall not refer them to specific attorneys or attempt in any other manner to influence their choice of counsel because such referral relationships may adversely affect the attorney's exercise of independent professional judgment on behalf of the participant and may create the appearance of impropriety. Mediators may, however, encourage the participants to use any attorney referral services provided by bar associations or the courts. Mediators should refer participants to other professionals when appropriate for mental health counseling.
12. Mediation Disclosures. A precondition to any mediated settlement should be a full and complete disclosure of all relevant facts to the same degree as would be expected in the normal discovery process, unless the participants both specifically agree to a lesser disclosure.
13. Settlement Criteria and Standards. The mediator should promote equal understanding by the participants and should refer each of them to independent legal counsel or for expert consultation if their lack of knowledge is impeding the balance of the negotiation. If the mediator is an attorney the participants should be cautioned that the mediator cannot advise them about or serve their individual interests, and that any mediator comments in respect to the law are not a substitute for independent legal advice. The participants shall be advised that while either participant can settle for less or give more on a particular issue with respect to their legal rights and obligations, he or she cannot do so without informed consent which is best achieved with the advice of independent legal counsel. The participants must be advised that an unreasonable agreement may not be approved by the court and that an unconscionable agreement will not be approved by the court.
14. The Best Interests of Children. The mediator has a duty to promote the best interests of children involved in the mediation even when the participants agree to a resolution which is not in the children's best interest. The mediator has a duty to inform the participants where the children's best interest are being overlooked or not given their proper priority.
15. The Suspension or Termination of Mediation. A mediator has a duty to suspend mediation when it appears that either participant is unable or unwilling to reach a reasonable agreement or when the mediator believes a participant does not understand the substance or implications of the agreement. In the event of a suspension, the mediator may suggest to the participants that either or both are in need of professional consultation outside the mediation process.
A mediator shall terminate mediation when the mediator believes a reasonable agreement cannot be reached, when the mediation process appears to be harmful to either participant, when either participant is acting in bad faith, or when the best interests of minor children are not being given proper priority.
16. Sanctions for Failure to Appear. If any party fails to appear at a duly scheduled mediation conference without good cause, the court, upon motion, may impose sanctions, including an award of mediator and attorney fees and other costs, against the party failing to appear. The mediator shall not be served with a subpoena or called as a witness in a sanction or contempt proceeding.
17. The Attorney's Duty When Representing a Party to Mediation. An attorney has the same duties to the client who is participating in mediation as to the client in any other matter, whether the attorney is engaged before or after a mediated agreement has been reached. Discovery should be employed to the point where the attorney is satisfied that reasonable full disclosure has been achieved, unless the client specifically directs the attorney to the contrary. The client should be advised of all relevant options and alternatives and the ramifications thereof based on the available information. The client should be advised of the potential results of the litigation of a particular issue in order to formulate an informed consent in connection with the mediated agreement. If the agreement for some reason appears unreasonable or unconscionable, the attorney should so advise the client. Where only one or neither participant was represented by independent legal counsel during mediation, the court should be so advised when approval of the mediated agreement is sought.
18. Mediation fees. The mediator should explain the fees for mediation and reach an agreement with the participants for payment at the orientation session. A mediator shall not charge a contingency fee or base the fee in any manner on the outcome of the mediation process. A flat fee for the entire mediation may be charged as agreed at the outset. Hourly rates may be on a sliding scale taking into account the financial means of the participants or the complexity of the subject matter, but once established the rate shall be uniform throughout the process. No bonus should be given or penalty charged in connection with the success or failure of the mediation.
19. Court-Mandated Mediation Program. The Court may mandate mediation to assist in the disposition of child custody, visitation and financial issues disputes. The participants may be required to attend a minimum 3-hour evaluation proceeding to be completed within 30 days in order to determine whether their dispute can be successfully mediated. Other than attendance at such evaluation proceedings, any further participation should be voluntary and consistent with the foregoing standards and principles.
a. Referral Procedure. The court-referred mediator must be selected from a list of approved mediators available in the Circuit Clerk's office and the Office of the Chief Judge. Complete resumes and individual fee schedules are available for review in the Circuit Clerk's office. Pro bono mediation will be done on a voluntary rotating basis for those cases who file a "Petition for Leave to File as a Poor Person" and whose petition has been allowed by the Court. The attorneys and participants in a given case must agree on a mediator from the Court-approved list. In the event parties are unable to agree on a mediator, the Court shall select one. Each attorney should inform the client to contact the mediator directly to schedule appointments. Each attorney may provide a letter to the mediator which provides information with regard to the legal status of the case, including what orders have been entered by the Court, whether temporary or permanent in nature, how long this matter has been in litigation, and what are the unresolved legal issues. The letter which is provided by the attorney to the mediator shall not be confidential and may be disclosed by the mediator to both parties. The attorney and mediator shall have no further communication with regard to the substance of the mediation, except with the express permission of the parties.
b. Reporting Procedure. Upon the reaching of an informal agreement through the mediation process, the mediator will draft a memorandum of understanding for review by the participants. Upon final review, a copy of this memorandum shall then be sent to each participant and each respective attorney. The attorneys will review the memorandum, give advice and opinions, and draft a formal agreement to submit to the court. The mediator shall submit the court approved report form to the court and to the attorneys following the completion/termination of mediation. The mediator shall not be called as a witness in any litigation, including juvenile proceedings.
19. Complaints against Mediators. Any complaint made against a mediator is to be adjudicated before a panel of three (3) mediators approved by the Tenth Judicial Circuit Court, State of Illinois, chosen at random by the Chief Judge of the Eleventh Judicial Circuit Court. The hearing is to take place within 160 days of the filing of the complaint with the Chief Judge at the time and place designated by the panel. The recommendation of the panel is to be mailed to the Chief Judge within 45 days of the hearing.
20. Nothing contained in these rules precludes the Chief Judge from removing a mediator from the approved list.
APPENDIX C: The Uniform Mediation Act
The Uniform Mediation Act (UMA), promulgated by the National Conference of Commissioners on Uniform State Laws in 2001 (now the Uniform Law Commission (ULC)), represents an important development in the law of mediation. Mediation is a consensual dispute resolution process in which the disputing parties reach a resolution themselves with the help of a mediator, instead of having a ruling imposed upon them. Parties’ participation in mediation allows them to reach results that are tailored to their interests and needs. Indeed, mediation has been increasingly utilized in recent decades in resolving both personal and business disputes.
Highlights of the UMA include the following:
• Certainty – Legal rules on mediation are addressed in more than 2,500 state and federal statutes, and more than 250 of these deal with confidentiality and privileges issues, alone. Complexity means uncertainty, which may inhibit the use of mediation. The UMA provides a single comprehensive law governing privileges and confidentiality in mediation.
• Privacy – One of the UMA’s central purposes is to provide a privilege for the mediation process that assures confidentiality. The Act establishes a confidentiality privilege for mediators and participants that prohibits what is said during mediation from being used in later legal proceedings.
• Exceptions to Privilege – The Act provides important exceptions to the confidentiality privilege. These exceptions include: threats made to inflict bodily harm or other violent crime; parties’ attempt to use mediation to plan or commit a crime; the need for information to prove or disprove allegations of child abuse or neglect; or the need for information to prove or disprove a claim or complaint of professional misconduct by a mediator.
• Party Protection – In addition to ensuring confidentiality in the mediation process, the Act further promotes the practice by requiring the mediator to disclose qualifications as well as known conflicts of interest.
• Autonomy – The Act promotes the parties’ autonomy by leaving to them those matters that can be set by agreement.
• Applicability Exceptions – The UMA does not apply to collective bargaining disputes, some judicial settlement conferences, or mediation involving parties who are all minors.
• Uniformity – Uniformity of the law helps bring order and understanding across state lines. Without uniformity, there can be no firm assurance in any state that a mediation is privileged. Uniformity is particularly important in cross-jurisdictional mediation. Because it is unclear which state’s laws apply in those cases, the parties cannot be certain of the reach of their home state’s confidentiality protections ( States Should Adopt UMA).
APPENDIX D: ILLINOIS UNIFORM MEDICATION ACT
ALTERNATIVE DISPUTE RESOLUTION
(710 ILCS 35/) Uniform Mediation Act.
| (710 ILCS 35/1) |
| Sec. 1. Title. This Act may be cited as the Uniform Mediation Act. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/2) |
| Sec. 2. Definitions. In this Act: |
| (1) "Mediation" means a process in which a mediator |
| |
|facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement |
|regarding their dispute. |
| |
| (2) "Mediation communication" means a statement, |
| |
|whether oral or in a record or verbal or nonverbal, that occurs during a mediation or is made for purposes of |
|considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a |
|mediator. |
| |
| (3) "Mediator" means an individual who conducts a |
| |
|mediation. |
| |
| (4) "Nonparty participant" means a person, other than |
| |
|a party or mediator, that participates in a mediation. |
| |
| (5) "Mediation party" means a person that |
| |
|participates in a mediation and whose agreement is necessary to resolve the dispute. |
| |
| (6) "Person" means an individual, corporation, |
| |
|business trust, estate, trust, partnership, limited liability company, association, joint venture, government, |
|governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial |
|entity. |
| |
| (7) "Proceeding" means: |
| (A) a judicial, administrative, arbitral, or |
| |
|other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery;|
|or |
| |
| (B) a legislative hearing or similar process. |
| (8) "Record" means information that is inscribed on a |
| |
|tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. |
| |
| (9) "Sign" means: |
| (A) to execute or adopt a tangible symbol with |
| |
|the present intent to authenticate a record; or |
| |
| (B) to attach or logically associate an |
| |
|electronic symbol, sound, or process to or with a record with the present intent to authenticate a record. |
| |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/3) |
| Sec. 3. Scope. |
| (a) Except as otherwise provided in subsection (b) or (c), this Act applies to a mediation in which: |
| (1) the mediation parties are required to mediate by |
| |
|statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or |
|arbitrator; |
| |
| (2) the mediation parties and the mediator agree to |
| |
|mediate in a record that demonstrates an expectation that mediation communications will be privileged against |
|disclosure; or |
| |
| (3) the mediation parties use as a mediator an |
| |
|individual who holds himself or herself out as a mediator, or the mediation is provided by a person that holds |
|itself out as providing mediation. |
| |
| (b) The Act does not apply to a mediation: |
| (1) relating to the establishment, negotiation, |
| |
|administration, or termination of a collective bargaining relationship; |
| |
| (2) relating to a dispute that is pending under or is |
| |
|part of the processes established by a collective bargaining agreement, except that the Act applies to a |
|mediation arising out of a dispute that has been filed with an administrative agency or court; |
| |
| (3) conducted by a judge who might make a ruling on |
| |
|the case; or |
| |
| (4) conducted under the auspices of: |
| (A) a primary or secondary school if all the |
| |
|parties are students; or |
| |
| (B) a correctional institution for youths if all |
| |
|the parties are residents of that institution. |
| |
| (c) If the parties agree in advance in a signed record, or a record of proceeding reflects agreement by the|
|parties, that all or part of a mediation is not privileged, the privileges under Sections 4 through 6 do not |
|apply to the mediation or part agreed upon. However, Sections 4 through 6 apply to a mediation communication |
|made by a person that has not received actual notice of the agreement before the communication is made. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/4) |
| Sec. 4. Privilege against disclosure; admissibility; discovery. |
| (a) Except as otherwise provided in Section 6, a mediation communication is privileged as provided in |
|subsection (b) and is not subject to discovery or admissible in evidence in a proceeding unless waived or |
|precluded as provided by Section 5. |
| (b) In a proceeding, the following privileges apply: |
| (1) A mediation party may refuse to disclose, and may |
| |
|prevent any other person from disclosing, a mediation communication. |
| |
| (2) A mediator may refuse to disclose a mediation |
| |
|communication, and may prevent any other person from disclosing a mediation communication of the mediator. |
| |
| (3) A nonparty participant may refuse to disclose, |
| |
|and may prevent any other person from disclosing, a mediation communication of the nonparty participant. |
| |
| (c) Evidence or information that is otherwise admissible or subject to discovery does not become |
|inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/5) |
| Sec. 5. Waiver and preclusion of privilege. |
| (a) A privilege under Section 4 may be waived in a record or orally during a proceeding if it is expressly |
|waived by all parties to the mediation and: |
| (1) in the case of the privilege of a mediator, it is |
| |
|expressly waived by the mediator; and |
| |
| (2) in the case of the privilege of a nonparty |
| |
|participant, it is expressly waived by the nonparty participant. |
| |
| (b) A person that discloses or makes a representation about a mediation communication which prejudices |
|another person in a proceeding is precluded from asserting a privilege under Section 4, but only to the extent |
|necessary for the person prejudiced to respond to the representation or disclosure. |
| (c) A person that intentionally uses a mediation to plan, attempt to commit or commit a crime, or to |
|conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under Section 4. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/6) |
| Sec. 6. Exceptions to privilege. |
| (a) There is no privilege under Section 4 for a mediation communication that is: |
| (1) in an agreement evidenced by a record signed by |
| |
|all parties to the agreement; |
| |
| (2) available to the public under the Freedom of |
| |
|Information Act or made during a session or a mediation which is open, or is required by law to be open, to the|
|public; |
| |
| (3) a threat or statement of a plan to inflict bodily |
| |
|injury or commit a crime of violence; |
| |
| (4) intentionally used to plan a crime, attempt to |
| |
|commit a crime, or to conceal an ongoing crime or ongoing criminal activity; |
| |
| (5) sought or offered to prove or disprove a claim or |
| |
|complaint of professional misconduct or malpractice filed against a mediator; |
| |
| (6) except as otherwise provided in subsection (c), |
| |
|sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed |
|against a mediation party, nonparty participant, or representative of a party based on conduct occurring during|
|a mediation; or |
| |
| (7) sought or offered to prove or disprove abuse, |
| |
|neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is a|
|party, unless the case is referred by a court to mediation and a public agency participates. |
| |
| (b) There is no privilege under Section 4 if a court, administrative agency, or arbitrator finds, after a |
|hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the |
|evidence is not otherwise available, that there is a need for the evidence that substantially outweighs the |
|interest in protecting confidentiality, and that the mediation communication is sought or offered in: |
| (1) a court proceeding involving a felony; or |
| (2) except as otherwise provided in subsection (c), a |
| |
|proceeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of |
|the mediation. |
| |
| (c) A mediator may not be compelled to provide evidence of a mediation communication referred to in |
|subsection (a)(6) or (b)(2). |
| (d) If a mediation communication is not privileged under subsection (a) or (b), only the portion of the |
|communication necessary for the application of the exception from nondisclosure may be admitted. Admission of |
|evidence under subsection (a) or (b) does not render the evidence, or any other mediation communication, |
|discoverable or admissible for any other purpose. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/7) |
| Sec. 7. Prohibited mediator reports. |
| (a) Except as required in subsection (b), a mediator may not make a report, assessment, evaluation, |
|recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or |
|other authority that may make a ruling on the dispute that is the subject of the mediation. |
| (b) A mediator may disclose: |
| (1) whether the mediation occurred or has terminated, |
| |
|whether a settlement was reached, and attendance; |
| |
| (2) a mediation communication as permitted under |
| |
|Section 6; or |
| |
| (3) a mediation communication evidencing abuse, |
| |
|neglect, abandonment, or exploitation of an individual to a public agency responsible for protecting |
|individuals against such mistreatment. |
| |
| (c) A communication made in violation of subsection (a) may not be considered by a court, administrative |
|agency, or arbitrator. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/8) |
| Sec. 8. Confidentiality. Unless subject to the Open Meetings Act or the Freedom of Information Act, |
|mediation communications are confidential to the extent agreed by the parties or provided by other law or rule |
|of this State. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/9) |
| Sec. 9. Mediator's disclosure of conflicts of interest; background. |
| (a) Before accepting a mediation, an individual who is requested to serve as a mediator shall: |
| (1) make an inquiry that is reasonable under the |
| |
|circumstances to determine whether there are any known facts that a reasonable individual would consider likely|
|to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the |
|mediation and an existing or past relationship with a mediation party or foreseeable participant in the |
|mediation; and |
| |
| (2) disclose any such known fact to the mediation |
| |
|parties as soon as is practical before accepting a mediation. |
| |
| (b) If a mediator learns any fact described in subsection (a)(l) after accepting a mediation, the mediator |
|shall disclose it as soon as is practicable. |
| (c) At the request of a mediation party, an individual who is requested to serve as a mediator shall |
|disclose the mediator's qualifications to mediate a dispute. |
| (d) A person that violates subsection (a), (b), or (g) is precluded by the violation from asserting a |
|privilege under Section 4. |
| (e) Subsections (a), (b), (c), and (g) do not apply to an individual acting as a judge. |
| (f) This Act does not require that a mediator have a special qualification by background or profession. |
| (g) A mediator must be impartial, unless after disclosure of the facts required in subsections (a) and (b) |
|to be disclosed, the parties agree otherwise. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/10) |
| Sec. 10. Participation in mediation. An attorney or other individual designated by a party may accompany |
|the party to and participate in a mediation. A waiver of participation given before the mediation may be |
|rescinded. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/11) |
| Sec. 11. Relation to Electronic Signatures in Global and National Commerce Act. This Act modifies, limits, |
|or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et |
|seq., but this Act does not modify, limit, or supersede Section 101(c) of that Act or authorize electronic |
|delivery of any of the notices described in Section 103(b) of that Act. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/12) |
| Sec. 12. Uniformity of application and construction. In applying and construing this Act, consideration |
|must be given to the need to promote uniformity of the law with respect to its subject matter among States that|
|enact it. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/13) |
| Sec. 13. Severability clause. If any provision of this Act or its application to any person or circumstance|
|is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given|
|effect without the invalid provision or application, and to this end the provisions of this Act are severable. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/16) |
| Sec. 16. Application to existing agreements or referrals. |
| (a) This Act governs a mediation pursuant to a referral or an agreement to mediate made on or after January|
|1, 2004. |
| (b) On or after January 1, 2004, this Act governs an agreement to mediate whenever made. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/90) |
| Sec. 90. (Amendatory provisions; text omitted). |
|(Source: P.A. 93-399, eff. 1-1-04; text omitted.) |
| (710 ILCS 35/99) |
| Sec. 99. Effective date. This Act takes effect January 1, 2004. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
APPENDIX E: Illinois State Law Regarding Unauthorized Practice of Law (UPL)
IL State Bar – ADR Section: sections/adr
(705 ILCS 205/1) (from Ch. 13, par. 1)
Sec. 1. No person shall be permitted to practice as an attorney or counselor at law within this State without having previously obtained a license for that purpose from the Supreme Court of this State.
No person shall receive any compensation directly or indirectly for any legal services other than a regularly licensed attorney, nor may an unlicensed person advertise or hold himself or herself out to provide legal services.
A license, as provided for herein, constitutes the person receiving the same an attorney and counselor at law, according to the law and customs thereof, for and during his good behavior in the practice and authorizes him to demand and receive fees for any services which he may render as an attorney and counselor at law in this State. No person shall be granted a license or renewal authorized by this Act who has defaulted on an educational loan guaranteed by the Illinois Student Assistance Commission; however, a license or renewal may be issued to the aforementioned persons who have established a satisfactory repayment record as determined by the Illinois Student Assistance Commission. No person shall be granted a license or renewal authorized by this Act who is more than 30 days delinquent in complying with a child support order; a license or renewal may be issued, however, if the person has established a satisfactory repayment record as determined (i) by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) for cases being enforced under Article X of the Illinois Public Aid Code or (ii) in all other cases by order of court or by written agreement between the custodial parent and non-custodial parent. No person shall be refused a license under this Act on account of sex.
Any person practicing, charging or receiving fees for legal services or advertising or holding himself or herself out to provide legal services within this State, either directly or indirectly, without being licensed to practice as herein required, is guilty of contempt of court and shall be punished accordingly, upon complaint being filed in any Circuit Court of this State. The remedies available include, but are not limited to: (i) appropriate equitable relief; (ii) a civil penalty not to exceed $5,000, which shall be paid to the Illinois Equal Justice Foundation; and (iii) actual damages. Such proceedings shall be conducted in the Courts of the respective counties where the alleged contempt has been committed in the same manner as in cases of indirect contempt and with the right of review by the parties thereto.
The provisions of this Act shall be in addition to other remedies permitted by law and shall not be construed to deprive courts of this State of their inherent right to punish for contempt or to restrain the unauthorized practice of law.
Nothing in this Act shall be construed to conflict with, amend, or modify Section 5 of the Corporation Practice of Law Prohibition Act or prohibit representation of a party by a person who is not an attorney in a proceeding before either panel of the Illinois Labor Relations Board under the Illinois Public Labor Relations Act, as now or hereafter amended, the Illinois Educational Labor Relations Board under the Illinois Educational Labor Relations Act, as now or hereafter amended, the State Civil Service Commission, the local Civil Service Commissions, or the University Civil Service Merit Board, to the extent allowed pursuant to rules and regulations promulgated by those Boards and Commissions or the giving of information, training, or advocacy or assistance in any meetings or administrative proceedings held pursuant to the federal Individuals with Disabilities Education Act, the federal Rehabilitation Act of 1973, the federal Americans with Disabilities Act of 1990, or the federal Social Security Act, to the extent allowed by those laws or the federal regulations or State statutes implementing those laws.
(Source: P.A. 94-659, eff. 1-1-06; 95-331, eff. 8-21-07; 95-410, eff. 8-24-07.)
APPENDIX F: IL statute re: effect of written settlement
(750 ILCS 5/502) (from Ch. 40, par. 502)
Sec. 502. Agreement. (a) To promote amicable settlement of disputes between parties to a marriage attendant upon the dissolution of their marriage, the parties may enter into a written or oral agreement containing provisions for disposition of any property owned by either of them, maintenance of either of them and support, custody and visitation of their children.
(b) The terms of the agreement, except those providing for the support, custody and visitation of children, are binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or on request of the court, that the agreement is unconscionable.
(c) If the court finds the agreement unconscionable, it may request the parties to submit a revised agreement or upon hearing, may make orders for the disposition of property, maintenance, child support and other matters.
(d) Unless the agreement provides to the contrary, its terms shall be set forth in the judgment, and the parties shall be ordered to perform under such terms, or if the agreement provides that its terms shall not be set forth in the judgment, the judgment shall identify the agreement and state that the court has approved its terms.
(e) Terms of the agreement set forth in the judgment are enforceable by all remedies available for enforcement of a judgment, including contempt, and are enforceable as contract terms.
(f) Except for terms concerning the support, custody or visitation of children, the judgment may expressly preclude or limit modification of terms set forth in the judgment if the agreement so provides. Otherwise, terms of an agreement set forth in the judgment are automatically modified by modification of the judgment.
(Source: P.A. 83-216.)
APPENDIX : Illinois Civil Procedure Rule (re: Agreements to be in writing)
APPENDIX : IL Rule of Evidence Re: Compromise and Offers to Compromise
Rule 408. COMPROMISE AND OFFERS TO COMPROMISE
(a) Prohibited Uses. Evidence of the following is not admissible on behalf of any party, when offered to prove liability for, invalidity of, or amount of a claim that was disputed as to validity or amount, or to impeach through a prior inconsistent statement or contradiction:
(1) furnishing or offering or promising to furnish—or accepting or offering or promising to accept—a valuable consideration in compromising or attempting to compromise the claim; and
(2) conduct or statements made in compromise negotiations regarding the claim.
(b) Permitted Uses. This rule does not require the exclusion of any evidence otherwise
discoverable merely because it is presented in the course of settlement negotiations. This rule also does not require exclusion if the evidence is offered for purposes not prohibited by subdivision (a). Examples of permissible purposes include proving a witness’ bias or prejudice; negating an assertion of undue delay; establishing bad faith; and proving an effort to obstruct a criminal investigation or prosecution.
10. Applicable IL Supreme Court Rules
Rule 905. Mediation.
(a) Each judicial circuit shall establish a program to provide mediation for cases involving the custody of a child or removal of a child or visitation issues (whether or not the parties have been married). In addition to the minimum requirements set forth in subparagraph (b)(2) of Rule 99, local circuit court rules for mediation in child custody, removal and visitation cases shall address: (i) mandatory training for mediators; (ii) limitation of the mediation program to child custody, removal and visitation issues; (iii) (unless otherwise provided for in this article) standards to determine which child custody, removal and visitation issues should be referred to mediation and the time for referral; and (iv) excuse from referral to mediation if the court determines an impediment to mediation exists. The immunity and approval requirements of subparagraph (b)(1) of Rule 99 shall apply to mediation programs for child custody, removal and visitation matters.
(b) Each judicial circuit shall establish a program to provide mediation for dissolution of marriage and paternity cases involving the custody of a child or removal of a child or visitation issues (whether or not the parties have been married). In addition to the minimum requirements set forth in subparagraph (b)(2) of Rule 99, local circuit court rules for mediation in dissolution of marriage and paternity cases shall address: (i) mandatory expertise requirements of a mediator; (ii) mandatory training for mediators; (iii) limitation of the mediation program to child custody, removal and visitation issues; and (iv) referral of child custody, removal and visitation issues to mediation, pursuant to Rule 923(a)(3), the court determines an impediment to mediation exists. The immunity and approval requirements of subparagraph (b)(1) of Rule 99 shall apply to mediation programs for child custody, removal and visitation matters. In cases where a litigant can only communicate in a language other than English, the court will make a good-faith effort to provide a mediator, and a pro bono attorney where applicable, and/or an interpreter who speaks the language of the litigant who needs English assistance.
(c) Every judicial circuit shall file a quarterly report with the Administrative Office of the Illinois Courts setting out the number of custody, visitation, and removal cases referred to mediation, the number of custody, visitation, and removal cases where mediation was referred but did not proceed, the number of cases referred on a pro bono basis, the number of cases where there was a full settlement, the number of cases where there was a partial settlement, and the percentage of cases wherein the parties were satisfied or unsatisfied with the process. Every judicial circuit shall require the completion of a mediation report filled out by a mediator on every custody, visitation, and removal case referred to mediation as well as the parties’ evaluation of the mediation on forms prescribed by the Administrative Office of the Illinois Courts. The information contained in the mediator and parties evaluation reports shall remain confidential and shall only be utilized for administrative and statistical purposes as well as the court’s review of the efficacy of the mediation program.
(c) (d) In addition to meeting the requirements of Rule 905(a), and (b), and (c), local circuit rules may also impose other requirements as deemed necessary by the individual circuits.
Adopted February 10, 2006, effective January 1, 2007; amended May 19, 2006, effective January 1, 2007; amended July 1, 2013, eff. Sept. 1, 2013.
Committee Comments
Special Supreme Court Committee on Child Custody Issues
(amended May 19, 2006)
The Committee believes mediation can be useful in nearly all contested custody proceedings. Mediation can resolve a significant portion of custody disputes and often has a positive impact even when custody issues are not resolved. The process of mediation focuses the parties’ attention on the needs of the child and helps parties to be realistic in their expectations regarding custody.
Many counties and judicial circuits have had mandatory mediation programs in place in their domestic relations courts for years. Cook County and Du Page County have utilized mandatory mediation programs for more than a decade. To date, these mandatory mediation programs have been implemented by the judicial circuits under the auspices of Rule 99, Mediation Programs.
Rule 905 requires each judicial circuit to establish a mediation program for child custody proceedings. Local circuit court rules will address the specifics of the mediation programs. The Cook County model for mediation programs, which provides county-employed mediators at no cost to the parties, may not be financially or administratively feasible for every circuit. Alternatively, some circuits have required approved mediators to mediate a certain number of reduced fee or pro bono cases per year as identified by the court. The individual judicial circuits may implement rules which are particularly appropriate for them, including provisions specifying responsibility for mediation costs.
Paragraph (a) applies to cases involving custody or visitation issues, other than those arising in dissolution of marriage and paternity cases. It requires local circuit court rules to address mandatory training for mediators and limits the mediation program to issues involving child custody and visitation. Paragraph (a) also requires local circuit court rules to set standards to use in determining which child custody and visitation issues should be referred to mediation and also address when the referral will be made.
Paragraph (b) provides for mediation of disputed custody and visitation issues in dissolution of marriage and paternity cases, absent good cause shown. The timing and manner of referral to mediation in dissolution of marriage and paternity cases is provided for in Rule 923.
Parties may be excused from referral under both paragraphs (a) and (b) if the court determines an impediment to mediation exists. Such impediments may include family violence, mental or cognitive impairment, alcohol abuse or chemical dependency, or other circumstances which may render mediation inappropriate or would unreasonably interfere with the mediation process.
Rule 906. Attorney Qualifications and Education in Child Custody and Visitation Matters
(a) Statement of Purpose. This rule is promulgated to insure that counsel who are appointed by the court to participate in child custody and visitation matters, as delineated in Rule 900(b)(2), possess the ability, knowledge, and experience to do so in a competent and professional manner. To this end, each circuit court of this state shall develop a set of qualifications and educational requirements for attorneys appointed by the court to represent children in child custody cases and guardianship cases when custody or visitation is an issue and shall further develop a plan for the procurement of qualified attorneys in accordance with the plan.
(b) Submission of Qualifications and Plan. The Chief Judge of a judicial circuit shall be responsible for the creation of the qualifications and Plan and for submitting them to the Conference of Chief Judges for approval. The Chief Judges of two or more contiguous judicial circuits may submit a Plan for the creation of a single set of qualifications and Plan encompassing those judicial circuits or encompassing contiguous counties within the circuits.
(c) Qualifications and Plan. The qualifications shall provide that the attorney is licensed and in good standing with the Illinois Supreme Court. Certification requirements may address minimum experience requirements for attorneys appointed by the court to represent minor children. In addition, the qualifications may include one or all of the following which are recommended: (1) Prior to appointment the attorney shall have 10 hours in the two years prior to the date the attorney qualifies for appointment in approved continuing legal education courses in the following areas: child development; roles of guardian ad litem and child representative; ethics in child custody cases; relevant substantive state, federal, and case law in custody and visitation matters; family dynamics, including substance abuse, domestic abuse, and mental health issues. (2) Periodic continuing education in approved child related courses shall be required to maintain qualification as an attorney eligible to be appointed by the court in child custody and visitation cases. (3) Requirements for initial pro bono representation. (4) Attorneys who work for governmental agencies may meet the requirements of this rule by attending appropriate in-house legal education classes.
(d) Conference of Chief Judges Review and Approval. The Conference of Chief Judges shall review and approve the Plan or may request that the Chief Judge modify the submitted list of qualifications and Plan. Upon approval, the Chief Judge of each circuit shall be responsible for administering the program and insuring compliance. An attorney approved to be appointed by the Court to participate in child custody and visitation matters under a Plan approved in one county or judicial circuit shall have reciprocity to participate in child custody and visitation matters in other counties and judicial circuits in Illinois.
Adopted February 10, 2006, effective July 1, 2006.
Committee Comments
Special Supreme Court Committee on Child Custody Issues
Paragraph (a) requires each judicial circuit to establish qualifications and educational requirements for attorneys who are appointed by a court to represent children in child custody proceedings. The circuits would also be required to establish a plan for procuring the services of qualified attorneys for child custody cases.
Paragraph (b) requires that attorney qualification and procurement plans be submitted to the Conference of Chief Circuit Judges for approval. It also provides that attorney qualification and procurement plans may be drafted to apply to contiguous circuits or to contiguous counties within two or more circuits.
Paragraph (c) specifies that attorneys appointed to represent children must be licensed and in good standing as attorneys. It also provides that the qualifications and standards must include a minimum experience requirement, and may include criteria concerning initial and continuing legal education requirements and requirements for initial pro bono representation. Attorneys approved under a circuit plan would be eligible for appointment in cases in other areas of the state on the basis of reciprocity.
In writing Rule 906, the Special Committee considered Rule 714, Capital Litigation Trial Bar, which imposes minimum requirements upon trial counsel in order to insure that counsel who participate in capital cases possess the ability, knowledge and experience to do so in a competent and professional manner. The Special Committee believes that cases involving child custody and visitation issues demand the same high standards of advocacy as do capital cases.
The Special Committee is mindful that many judicial circuits will find it very difficult to find funds to pay for the plans under which counsel are appointed. Ideally, the State would provide sufficient funding to reimburse the private attorneys who are appointed by the court. In the absence of such funding, the individual judicial circuits will need to be innovative in meeting the financial requirements of the plans. In addition to requiring the parties to pay for the appointed lawyer’s services, the local rules could provide for the targeting of court filing fees. Voluntary pro bono service is also strongly encouraged.
Rule 99. Mediation Programs
(a) Applicability to Circuits. Mediation programs may be undertaken and conducted in those judicial circuits which, with the approval of the Supreme Court, elect to utilize this procedure and in such other circuits as directed by the Supreme Court.
(b) Local Rules.
(1) Each judicial circuit electing to establish a mediation program shall adopt rules for the conduct of the mediation proceedings. A person approved by the circuit to act as a mediator under these rules shall have judicial immunity in the same manner and to the same extent as a judge. Prior to the establishment of such a program, the Chief Judge of the circuit shall submit to the Supreme Court for its review and approval, through its Administrative Office, rules governing the operation of the circuit's program. A circuit operating a mediation program on the effective date of this Rule may continue the program for one year after the effective date of this Rule, but must, within 90 days of the effective date of this Rule, submit for the Supreme Court's review and approval the rules under which the mediation program is operating. Any amendments to approved local rules must be submitted to the Administrative Office for review and approval prior to implementation.
(2) At a minimum, the local circuit court rules shall address:
(i) Actions eligible for referral to mediation;
(ii) Appointment, qualifications and compensation of the mediators;
(iii) Scheduling of the mediation conferences;
(iv) Conduct of the conferences;
(v) Discovery;
(vi) Absence of party at the conference and sanctions;
(vii) Termination and report of mediation conference;
(viii) Finalization of agreement;
(ix) Immunity and cConfidentiality;
(x) Mechanism for reporting to the Supreme Court on the mediation program.
Uniform Mediation Act
ALTERNATIVE DISPUTE RESOLUTION
(710 ILCS 35/) Uniform Mediation Act.
| (710 ILCS 35/1) |
| Sec. 1. Title. This Act may be cited as the Uniform Mediation Act. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/2) |
| Sec. 2. Definitions. In this Act: |
| (1) "Mediation" means a process in which a mediator |
| |
|facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement |
|regarding their dispute. |
| |
| (2) "Mediation communication" means a statement, |
| |
|whether oral or in a record or verbal or nonverbal, that occurs during a mediation or is made for purposes of |
|considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a |
|mediator. |
| |
| (3) "Mediator" means an individual who conducts a |
| |
|mediation. |
| |
| (4) "Nonparty participant" means a person, other than |
| |
|a party or mediator, that participates in a mediation. |
| |
| (5) "Mediation party" means a person that |
| |
|participates in a mediation and whose agreement is necessary to resolve the dispute. |
| |
| (6) "Person" means an individual, corporation, |
| |
|business trust, estate, trust, partnership, limited liability company, association, joint venture, government, |
|governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial |
|entity. |
| |
| (7) "Proceeding" means: |
| (A) a judicial, administrative, arbitral, or |
| |
|other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery;|
|or |
| |
| (B) a legislative hearing or similar process. |
| (8) "Record" means information that is inscribed on a |
| |
|tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. |
| |
| (9) "Sign" means: |
| (A) to execute or adopt a tangible symbol with |
| |
|the present intent to authenticate a record; or |
| |
| (B) to attach or logically associate an |
| |
|electronic symbol, sound, or process to or with a record with the present intent to authenticate a record. |
| |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/3) |
| Sec. 3. Scope. |
| (a) Except as otherwise provided in subsection (b) or (c), this Act applies to a mediation in which: |
| (1) the mediation parties are required to mediate by |
| |
|statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or |
|arbitrator; |
| |
| (2) the mediation parties and the mediator agree to |
| |
|mediate in a record that demonstrates an expectation that mediation communications will be privileged against |
|disclosure; or |
| |
| (3) the mediation parties use as a mediator an |
| |
|individual who holds himself or herself out as a mediator, or the mediation is provided by a person that holds |
|itself out as providing mediation. |
| |
| (b) The Act does not apply to a mediation: |
| (1) relating to the establishment, negotiation, |
| |
|administration, or termination of a collective bargaining relationship; |
| |
| (2) relating to a dispute that is pending under or is |
| |
|part of the processes established by a collective bargaining agreement, except that the Act applies to a |
|mediation arising out of a dispute that has been filed with an administrative agency or court; |
| |
| (3) conducted by a judge who might make a ruling on |
| |
|the case; or |
| |
| (4) conducted under the auspices of: |
| (A) a primary or secondary school if all the |
| |
|parties are students; or |
| |
| (B) a correctional institution for youths if all |
| |
|the parties are residents of that institution. |
| |
| (c) If the parties agree in advance in a signed record, or a record of proceeding reflects agreement by the|
|parties, that all or part of a mediation is not privileged, the privileges under Sections 4 through 6 do not |
|apply to the mediation or part agreed upon. However, Sections 4 through 6 apply to a mediation communication |
|made by a person that has not received actual notice of the agreement before the communication is made. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/4) |
| Sec. 4. Privilege against disclosure; admissibility; discovery. |
| (a) Except as otherwise provided in Section 6, a mediation communication is privileged as provided in |
|subsection (b) and is not subject to discovery or admissible in evidence in a proceeding unless waived or |
|precluded as provided by Section 5. |
| (b) In a proceeding, the following privileges apply: |
| (1) A mediation party may refuse to disclose, and may |
| |
|prevent any other person from disclosing, a mediation communication. |
| |
| (2) A mediator may refuse to disclose a mediation |
| |
|communication, and may prevent any other person from disclosing a mediation communication of the mediator. |
| |
| (3) A nonparty participant may refuse to disclose, |
| |
|and may prevent any other person from disclosing, a mediation communication of the nonparty participant. |
| |
| (c) Evidence or information that is otherwise admissible or subject to discovery does not become |
|inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/5) |
| Sec. 5. Waiver and preclusion of privilege. |
| (a) A privilege under Section 4 may be waived in a record or orally during a proceeding if it is expressly |
|waived by all parties to the mediation and: |
| (1) in the case of the privilege of a mediator, it is |
| |
|expressly waived by the mediator; and |
| |
| (2) in the case of the privilege of a nonparty |
| |
|participant, it is expressly waived by the nonparty participant. |
| |
| (b) A person that discloses or makes a representation about a mediation communication which prejudices |
|another person in a proceeding is precluded from asserting a privilege under Section 4, but only to the extent |
|necessary for the person prejudiced to respond to the representation or disclosure. |
| (c) A person that intentionally uses a mediation to plan, attempt to commit or commit a crime, or to |
|conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under Section 4. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/6) |
| Sec. 6. Exceptions to privilege. |
| (a) There is no privilege under Section 4 for a mediation communication that is: |
| (1) in an agreement evidenced by a record signed by |
| |
|all parties to the agreement; |
| |
| (2) available to the public under the Freedom of |
| |
|Information Act or made during a session or a mediation which is open, or is required by law to be open, to the|
|public; |
| |
| (3) a threat or statement of a plan to inflict bodily |
| |
|injury or commit a crime of violence; |
| |
| (4) intentionally used to plan a crime, attempt to |
| |
|commit a crime, or to conceal an ongoing crime or ongoing criminal activity; |
| |
| (5) sought or offered to prove or disprove a claim or |
| |
|complaint of professional misconduct or malpractice filed against a mediator; |
| |
| (6) except as otherwise provided in subsection (c), |
| |
|sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed |
|against a mediation party, nonparty participant, or representative of a party based on conduct occurring during|
|a mediation; or |
| |
| (7) sought or offered to prove or disprove abuse, |
| |
|neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is a|
|party, unless the case is referred by a court to mediation and a public agency participates. |
| |
| (b) There is no privilege under Section 4 if a court, administrative agency, or arbitrator finds, after a |
|hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the |
|evidence is not otherwise available, that there is a need for the evidence that substantially outweighs the |
|interest in protecting confidentiality, and that the mediation communication is sought or offered in: |
| (1) a court proceeding involving a felony; or |
| (2) except as otherwise provided in subsection (c), a |
| |
|proceeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of |
|the mediation. |
| |
| (c) A mediator may not be compelled to provide evidence of a mediation communication referred to in |
|subsection (a)(6) or (b)(2). |
| (d) If a mediation communication is not privileged under subsection (a) or (b), only the portion of the |
|communication necessary for the application of the exception from nondisclosure may be admitted. Admission of |
|evidence under subsection (a) or (b) does not render the evidence, or any other mediation communication, |
|discoverable or admissible for any other purpose. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/7) |
| Sec. 7. Prohibited mediator reports. |
| (a) Except as required in subsection (b), a mediator may not make a report, assessment, evaluation, |
|recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or |
|other authority that may make a ruling on the dispute that is the subject of the mediation. |
| (b) A mediator may disclose: |
| (1) whether the mediation occurred or has terminated, |
| |
|whether a settlement was reached, and attendance; |
| |
| (2) a mediation communication as permitted under |
| |
|Section 6; or |
| |
| (3) a mediation communication evidencing abuse, |
| |
|neglect, abandonment, or exploitation of an individual to a public agency responsible for protecting |
|individuals against such mistreatment. |
| |
| (c) A communication made in violation of subsection (a) may not be considered by a court, administrative |
|agency, or arbitrator. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/8) |
| Sec. 8. Confidentiality. Unless subject to the Open Meetings Act or the Freedom of Information Act, |
|mediation communications are confidential to the extent agreed by the parties or provided by other law or rule |
|of this State. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/9) |
| Sec. 9. Mediator's disclosure of conflicts of interest; background. |
| (a) Before accepting a mediation, an individual who is requested to serve as a mediator shall: |
| (1) make an inquiry that is reasonable under the |
| |
|circumstances to determine whether there are any known facts that a reasonable individual would consider likely|
|to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the |
|mediation and an existing or past relationship with a mediation party or foreseeable participant in the |
|mediation; and |
| |
| (2) disclose any such known fact to the mediation |
| |
|parties as soon as is practical before accepting a mediation. |
| |
| (b) If a mediator learns any fact described in subsection (a)(l) after accepting a mediation, the mediator |
|shall disclose it as soon as is practicable. |
| (c) At the request of a mediation party, an individual who is requested to serve as a mediator shall |
|disclose the mediator's qualifications to mediate a dispute. |
| (d) A person that violates subsection (a), (b), or (g) is precluded by the violation from asserting a |
|privilege under Section 4. |
| (e) Subsections (a), (b), (c), and (g) do not apply to an individual acting as a judge. |
| (f) This Act does not require that a mediator have a special qualification by background or profession. |
| (g) A mediator must be impartial, unless after disclosure of the facts required in subsections (a) and (b) |
|to be disclosed, the parties agree otherwise. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/10) |
| Sec. 10. Participation in mediation. An attorney or other individual designated by a party may accompany |
|the party to and participate in a mediation. A waiver of participation given before the mediation may be |
|rescinded. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/11) |
| Sec. 11. Relation to Electronic Signatures in Global and National Commerce Act. This Act modifies, limits, |
|or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et |
|seq., but this Act does not modify, limit, or supersede Section 101(c) of that Act or authorize electronic |
|delivery of any of the notices described in Section 103(b) of that Act. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/12) |
| Sec. 12. Uniformity of application and construction. In applying and construing this Act, consideration |
|must be given to the need to promote uniformity of the law with respect to its subject matter among States that|
|enact it. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/13) |
| Sec. 13. Severability clause. If any provision of this Act or its application to any person or circumstance|
|is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given|
|effect without the invalid provision or application, and to this end the provisions of this Act are severable. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/16) |
| Sec. 16. Application to existing agreements or referrals. |
| (a) This Act governs a mediation pursuant to a referral or an agreement to mediate made on or after January|
|1, 2004. |
| (b) On or after January 1, 2004, this Act governs an agreement to mediate whenever made. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
| (710 ILCS 35/90) |
| Sec. 90. (Amendatory provisions; text omitted). |
|(Source: P.A. 93-399, eff. 1-1-04; text omitted.) |
| (710 ILCS 35/99) |
| Sec. 99. Effective date. This Act takes effect January 1, 2004. |
|(Source: P.A. 93-399, eff. 1-1-04.) |
Child Abuse Statutes
| (325 ILCS 5/1) (from Ch. 23, par. 2051) |
| Sec. 1. This Act shall be known and may be cited as the Abused and Neglected Child Reporting Act. |
|(Source: P.A. 79-65.) |
| |
| |
| |
| (325 ILCS 5/2) (from Ch. 23, par. 2052) |
| Sec. 2. (a) The Illinois Department of Children and Family Services shall, upon receiving reports made under this Act, protect |
|the health, safety, and best interests of the child in all situations in which the child is vulnerable to child abuse or neglect, |
|offer protective services in order to prevent any further harm to the child and to other children in the same environment or family, |
|stabilize the home environment, and preserve family life whenever possible. Recognizing that children also can be abused and |
|neglected while living in public or private residential agencies or institutions meant to serve them, while attending day care |
|centers, schools, or religious activities, or when in contact with adults who are responsible for the welfare of the child at that |
|time, this Act also provides for the reporting and investigation of child abuse and neglect in such instances. In performing any of |
|these duties, the Department may utilize such protective services of voluntary agencies as are available. |
| (b) The Department shall be responsible for receiving and investigating reports of adult resident abuse or neglect under the |
|provisions of this Act. |
|(Source: P.A. 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/2.1) (from Ch. 23, par. 2052.1) |
| Sec. 2.1. Any person or family seeking assistance in meeting child care responsibilities may use the services and facilities |
|established by this Act which may assist in meeting such responsibilities. Whether or not the problem presented constitutes child |
|abuse or neglect, such persons or families shall be referred to appropriate resources or agencies. No person seeking assistance under|
|this Section shall be required to give his name or any other identifying information. |
|(Source: P.A. 81-1077.) |
| |
| |
| |
| (325 ILCS 5/3) (from Ch. 23, par. 2053) |
| Sec. 3. As used in this Act unless the context otherwise requires: |
| "Adult resident" means any person between 18 and 22 years of age who resides in any facility licensed by the Department under the|
|Child Care Act of 1969. For purposes of this Act, the criteria set forth in the definitions of "abused child" and "neglected child" |
|shall be used in determining whether an adult resident is abused or neglected. |
| "Blatant disregard" means an incident where the real, significant, and imminent risk of harm would be so obvious to a reasonable |
|parent or caretaker that it is unlikely that a reasonable parent or caretaker would have exposed the child to the danger without |
|exercising precautionary measures to protect the child from harm. |
| "Child" means any person under the age of 18 years, unless legally emancipated by reason of marriage or entry into a branch of |
|the United States armed services. |
| "Department" means Department of Children and Family Services. |
| "Local law enforcement agency" means the police of a city, town, village or other incorporated area or the sheriff of an |
|unincorporated area or any sworn officer of the Illinois Department of State Police. |
| "Abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any |
|individual residing in the same home as the child, or a paramour of the child's parent: |
| (a) inflicts, causes to be inflicted, or allows to be |
| |
| |
|inflicted upon such child physical injury, by other than accidental means, which causes death, disfigurement, impairment of physical |
|or emotional health, or loss or impairment of any bodily function; |
| |
| |
| |
| (b) creates a substantial risk of physical injury to |
| |
| |
|such child by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional |
|health, or loss or impairment of any bodily function; |
| |
| |
| |
| (c) commits or allows to be committed any sex offense |
| |
| |
|against such child, as such sex offenses are defined in the Criminal Code of 2012 or in the Wrongs to Children Act, and extending |
|those definitions of sex offenses to include children under 18 years of age; |
| |
| |
| |
| (d) commits or allows to be committed an act or acts |
| |
| |
|of torture upon such child; |
| |
| |
| |
| (e) inflicts excessive corporal punishment; |
| (f) commits or allows to be committed the offense of |
| |
| |
|female genital mutilation, as defined in Section 12-34 of the Criminal Code of 2012, against the child; |
| |
| |
| |
| (g) causes to be sold, transferred, distributed, or |
| |
| |
|given to such child under 18 years of age, a controlled substance as defined in Section 102 of the Illinois Controlled Substances Act|
|in violation of Article IV of the Illinois Controlled Substances Act or in violation of the Methamphetamine Control and Community |
|Protection Act, except for controlled substances that are prescribed in accordance with Article III of the Illinois Controlled |
|Substances Act and are dispensed to such child in a manner that substantially complies with the prescription; or |
| |
| |
| |
| (h) commits or allows to be committed the offense of |
| |
| |
|involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons as defined in Section 10-9 of the Criminal |
|Code of 2012 against the child. |
| |
| |
| |
| A child shall not be considered abused for the sole reason that the child has been relinquished in accordance with the Abandoned |
|Newborn Infant Protection Act. |
| "Neglected child" means any child who is not receiving the proper or necessary nourishment or medically indicated treatment |
|including food or care not provided solely on the basis of the present or anticipated mental or physical impairment as determined by |
|a physician acting alone or in consultation with other physicians or otherwise is not receiving the proper or necessary support or |
|medical or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for his or |
|her well-being, including adequate food, clothing and shelter; or who is subjected to an environment which is injurious insofar as |
|(i) the child's environment creates a likelihood of harm to the child's health, physical well-being, or welfare and (ii) the likely |
|harm to the child is the result of a blatant disregard of parent or caretaker responsibilities; or who is abandoned by his or her |
|parents or other person responsible for the child's welfare without a proper plan of care; or who has been provided with interim |
|crisis intervention services under Section 3-5 of the Juvenile Court Act of 1987 and whose parent, guardian, or custodian refuses to |
|permit the child to return home and no other living arrangement agreeable to the parent, guardian, or custodian can be made, and the |
|parent, guardian, or custodian has not made any other appropriate living arrangement for the child; or who is a newborn infant whose |
|blood, urine, or meconium contains any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois |
|Controlled Substances Act or a metabolite thereof, with the exception of a controlled substance or metabolite thereof whose presence |
|in the newborn infant is the result of medical treatment administered to the mother or the newborn infant. A child shall not be |
|considered neglected for the sole reason that the child's parent or other person responsible for his or her welfare has left the |
|child in the care of an adult relative for any period of time. A child shall not be considered neglected for the sole reason that the|
|child has been relinquished in accordance with the Abandoned Newborn Infant Protection Act. A child shall not be considered neglected|
|or abused for the sole reason that such child's parent or other person responsible for his or her welfare depends upon spiritual |
|means through prayer alone for the treatment or cure of disease or remedial care as provided under Section 4 of this Act. A child |
|shall not be considered neglected or abused solely because the child is not attending school in accordance with the requirements of |
|Article 26 of The School Code, as amended. |
| "Child Protective Service Unit" means certain specialized State employees of the Department assigned by the Director to perform |
|the duties and responsibilities as provided under Section 7.2 of this Act. |
| "Person responsible for the child's welfare" means the child's parent; guardian; foster parent; relative caregiver; any person |
|responsible for the child's welfare in a public or private residential agency or institution; any person responsible for the child's |
|welfare within a public or private profit or not for profit child care facility; or any other person responsible for the child's |
|welfare at the time of the alleged abuse or neglect, including any person that is the custodian of a child under 18 years of age who |
|commits or allows to be committed, against the child, the offense of involuntary servitude, involuntary sexual servitude of a minor, |
|or trafficking in persons for forced labor or services, as provided in Section 10-9 of the Criminal Code of 2012, or any person who |
|came to know the child through an official capacity or position of trust, including but not limited to health care professionals, |
|educational personnel, recreational supervisors, members of the clergy, and volunteers or support personnel in any setting where |
|children may be subject to abuse or neglect. |
| "Temporary protective custody" means custody within a hospital or other medical facility or a place previously designated for |
|such custody by the Department, subject to review by the Court, including a licensed foster home, group home, or other institution; |
|but such place shall not be a jail or other place for the detention of criminal or juvenile offenders. |
| "An unfounded report" means any report made under this Act for which it is determined after an investigation that no credible |
|evidence of abuse or neglect exists. |
| "An indicated report" means a report made under this Act if an investigation determines that credible evidence of the alleged |
|abuse or neglect exists. |
| "An undetermined report" means any report made under this Act in which it was not possible to initiate or complete an |
|investigation on the basis of information provided to the Department. |
| "Subject of report" means any child reported to the central register of child abuse and neglect established under Section 7.7 of |
|this Act as an alleged victim of child abuse or neglect and the parent or guardian of the alleged victim or other person responsible |
|for the alleged victim's welfare who is named in the report or added to the report as an alleged perpetrator of child abuse or |
|neglect. |
| "Perpetrator" means a person who, as a result of investigation, has been determined by the Department to have caused child abuse |
|or neglect. |
| "Member of the clergy" means a clergyman or practitioner of any religious denomination accredited by the religious body to which |
|he or she belongs. |
|(Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10; 96-1464, eff. 8-20-10; 97-333, eff. 8-12-11; 97-803, eff. 7-13-12; 97-897,|
|eff. 1-1-13; 97-1063, eff. 8-24-12; 97-1150, eff. 1-25-13.) |
| |
| |
| |
| (325 ILCS 5/4) |
| Sec. 4. Persons required to report; privileged communications; transmitting false report. Any physician, resident, intern, |
|hospital, hospital administrator and personnel engaged in examination, care and treatment of persons, surgeon, dentist, dentist |
|hygienist, osteopath, chiropractor, podiatric physician, physician assistant, substance abuse treatment personnel, funeral home |
|director or employee, coroner, medical examiner, emergency medical technician, acupuncturist, crisis line or hotline personnel, |
|school personnel (including administrators and both certified and non-certified school employees), personnel of institutions of |
|higher education, educational advocate assigned to a child pursuant to the School Code, member of a school board or the Chicago Board|
|of Education or the governing body of a private school (but only to the extent required in accordance with other provisions of this |
|Section expressly concerning the duty of school board members to report suspected child abuse), truant officers, social worker, |
|social services administrator, domestic violence program personnel, registered nurse, licensed practical nurse, genetic counselor, |
|respiratory care practitioner, advanced practice nurse, home health aide, director or staff assistant of a nursery school or a child |
|day care center, recreational or athletic program or facility personnel, early intervention provider as defined in the Early |
|Intervention Services System Act, law enforcement officer, licensed professional counselor, licensed clinical professional counselor,|
|registered psychologist and assistants working under the direct supervision of a psychologist, psychiatrist, or field personnel of |
|the Department of Healthcare and Family Services, Juvenile Justice, Public Health, Human Services (acting as successor to the |
|Department of Mental Health and Developmental Disabilities, Rehabilitation Services, or Public Aid), Corrections, Human Rights, or |
|Children and Family Services, supervisor and administrator of general assistance under the Illinois Public Aid Code, probation |
|officer, animal control officer or Illinois Department of Agriculture Bureau of Animal Health and Welfare field investigator, or any |
|other foster parent, homemaker or child care worker having reasonable cause to believe a child known to them in their professional or|
|official capacity may be an abused child or a neglected child shall immediately report or cause a report to be made to the |
|Department. |
| 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 item (c) of the definition of "abused child" in Section 3 of this Act |
|shall immediately report or cause a report to be made to the Department. |
| Any physician, physician's assistant, registered nurse, licensed practical nurse, medical technician, certified nursing |
|assistant, social worker, or licensed professional counselor of any office, clinic, or any other physical location that provides |
|abortions, abortion referrals, or contraceptives having reasonable cause to believe a child known to him or her in his or her |
|professional or official capacity may be an abused child or a neglected child shall immediately report or cause a report to be made |
|to the Department. |
| If an allegation is raised to a school board member during the course of an open or closed school board meeting that a child who |
|is enrolled in the school district of which he or she is a board member is an abused child as defined in Section 3 of this Act, the |
|member shall direct or cause the school board to direct the superintendent of the school district or other equivalent school |
|administrator to comply with the requirements of this Act concerning the reporting of child abuse. For purposes of this paragraph, a |
|school board member is granted the authority in his or her individual capacity to direct the superintendent of the school district or|
|other equivalent school administrator to comply with the requirements of this Act concerning the reporting of child abuse. |
| Notwithstanding any other provision of this Act, if an employee of a school district has made a report or caused a report to be |
|made to the Department under this Act involving the conduct of a current or former employee of the school district and a request is |
|made by another school district for the provision of information concerning the job performance or qualifications of the current or |
|former employee because he or she is an applicant for employment with the requesting school district, the general superintendent of |
|the school district to which the request is being made must disclose to the requesting school district the fact that an employee of |
|the school district has made a report involving the conduct of the applicant or caused a report to be made to the Department, as |
|required under this Act. Only the fact that an employee of the school district has made a report involving the conduct of the |
|applicant or caused a report to be made to the Department may be disclosed by the general superintendent of the school district to |
|which the request for information concerning the applicant is made, and this fact may be disclosed only in cases where the employee |
|and the general superintendent have not been informed by the Department that the allegations were unfounded. An employee of a school |
|district who is or has been the subject of a report made pursuant to this Act during his or her employment with the school district |
|must be informed by that school district that if he or she applies for employment with another school district, the general |
|superintendent of the former school district, upon the request of the school district to which the employee applies, shall notify |
|that requesting school district that the employee is or was the subject of such a report. |
| Whenever such person is required to report under this Act in his 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 the provisions of this 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 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 his 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. |
| The privileged quality of communication between any professional person required to report and his 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 this|
|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. |
| The reporting requirements of this Act shall not apply to the contents of a privileged communication between an attorney and his |
|or her client or to confidential information within the meaning of Rule 1.6 of the Illinois Rules of Professional Conduct relating to|
|the legal representation of an individual client. |
| A member of the clergy may claim the privilege under Section 8-803 of the Code of Civil Procedure. |
| Any office, clinic, or any other physical location that provides abortions, abortion referrals, or contraceptives shall provide |
|to all office personnel copies of written information and training materials about abuse and neglect and the requirements of this Act|
|that are provided to employees of the office, clinic, or physical location who are required to make reports to the Department under |
|this Act, and instruct such office personnel to bring to the attention of an employee of the office, clinic, or physical location who|
|is required to make reports to the Department under this Act any reasonable suspicion that a child known to him or her in his or her |
|professional or official capacity may be an abused child or a neglected child. In addition to the above persons required to report |
|suspected cases of abused or neglected children, any other person may make a report if such person has reasonable cause to believe a |
|child may be an abused child or a neglected child. |
| Any person who enters into employment on and after July 1, 1986 and is mandated by virtue of that employment to report under this|
|Act, shall sign a statement on a form prescribed by the Department, to the effect that the employee has knowledge and understanding |
|of the reporting requirements of this Act. The statement shall be signed prior to commencement of the employment. The signed |
|statement shall be retained by the employer. The cost of printing, distribution, and filing of the statement shall be borne by the |
|employer. |
| Within one year of initial employment and at least every 5 years thereafter, school personnel required to report child abuse as |
|provided under this Section must complete mandated reporter training by a provider or agency with expertise in recognizing and |
|reporting child abuse. |
| The Department shall provide copies of this Act, upon request, to all employers employing persons who shall be required under the|
|provisions of this Section to report under this Act. |
| Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection |
|(a)(7) of Section 26-1 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 this Section other than a second or subsequent violation of |
|transmitting a false report as described in the preceding paragraph, is guilty of a Class A misdemeanor for a first violation and a |
|Class 4 felony for a second or subsequent violation; except that if the person acted as part of a plan or scheme having as its object|
|the prevention of discovery of an abused or neglected child by lawful authorities for the purpose of protecting or insulating any |
|person or entity from arrest or prosecution, the person is guilty of a Class 4 felony for a first offense and a Class 3 felony for a |
|second or subsequent offense (regardless of whether the second or subsequent offense involves any of the same facts or persons as the|
|first or other prior offense). |
| 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. |
| A child shall not be considered neglected or abused solely because the child is not attending school in accordance with the |
|requirements of Article 26 of the School Code, as amended. |
| Nothing in this Act prohibits a mandated reporter who reasonably believes that an animal is being abused or neglected in |
|violation of the Humane Care for Animals Act from reporting animal abuse or neglect to the Department of Agriculture's Bureau of |
|Animal Health and Welfare. |
| A home rule unit may not regulate the reporting of child abuse or neglect in a manner inconsistent with the provisions of this |
|Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent|
|exercise by home rule units of powers and functions exercised by the State. |
| For purposes of this Section "child abuse or neglect" includes abuse or neglect of an adult resident as defined in this Act. |
|(Source: P.A. 97-189, eff. 7-22-11; 97-254, eff. 1-1-12; 97-387, eff. 8-15-11; 97-711, eff. 6-27-12; 97-813, eff. 7-13-12; 97-1150, |
|eff. 1-25-13; 98-67, eff. 7-15-13; 98-214, eff. 8-9-13; 98-408, eff. 7-1-14; 98-756, eff. 7-16-14.) |
| |
| |
| |
| (325 ILCS 5/4.02) (from Ch. 23, par. 2054.02) |
| Sec. 4.02. Any physician who willfully fails to report suspected child abuse or neglect as required by this Act shall be referred|
|to the Illinois State Medical Disciplinary Board for action in accordance with paragraph 22 of Section 22 of the Medical Practice Act|
|of 1987. Any dentist or dental hygienist who willfully fails to report suspected child abuse or neglect as required by this Act shall|
|be referred to the Department of Professional Regulation for action in accordance with paragraph 19 of Section 23 of the Illinois |
|Dental Practice Act. Any other person required by this Act to report suspected child abuse and neglect who willfully fails to report |
|such is guilty of a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation. |
|(Source: P.A. 91-197, eff. 1-1-00; 92-801, eff. 8-16-02.) |
| |
| |
| |
| (325 ILCS 5/4.1) (from Ch. 23, par. 2054.1) |
| Sec. 4.1. Any person required to report under this Act who has reasonable cause to suspect that a child has died as a result of |
|abuse or neglect shall also immediately report his suspicion to the appropriate medical examiner or coroner. Any other person who has|
|reasonable cause to believe that a child has died as a result of abuse or neglect may report his suspicion to the appropriate medical|
|examiner or coroner. The medical examiner or coroner shall investigate the report and communicate his apparent gross findings, |
|orally, immediately upon completion of the gross autopsy, but in all cases within 72 hours and within 21 days in writing, to the |
|local law enforcement agency, the appropriate State's attorney, the Department and, if the institution making the report is a |
|hospital, the hospital. The child protective investigator assigned to the death investigation shall have the right to require a copy |
|of the completed autopsy report from the coroner or medical examiner. |
|(Source: P.A. 85-193.) |
| |
| |
| |
| (325 ILCS 5/4.2) |
| Sec. 4.2. Departmental report on death or serious life-threatening injury of child. |
| (a) In the case of the death or serious life-threatening injury of a child whose care and custody or custody and guardianship has|
|been transferred to the Department, or in the case of a child abuse or neglect report made to the central register involving the |
|death of a child, the Department shall (i) investigate or provide for an investigation of the cause of and circumstances surrounding |
|the death or serious life-threatening injury, (ii) review the investigation, and (iii) prepare and issue a report on the death or |
|serious life-threatening injury. |
| (b) The report shall include (i) the cause of death or serious life-threatening injury, whether from natural or other causes, |
|(ii) any extraordinary or pertinent information concerning the circumstances of the child's death or serious life-threatening injury,|
|(iii) identification of child protective or other social services provided or actions taken regarding the child or his or her family |
|at the time of the death or serious life-threatening injury or within the preceding 5 years, (iv) any action or further investigation|
|undertaken by the Department since the death or serious life-threatening injury of the child, (v) as appropriate, recommendations for|
|State administrative or policy changes, (vi) whether the alleged perpetrator of the abuse or neglect has been charged with committing|
|a crime related to the report and allegation of abuse or neglect, and (vii) a copy of any documents, files, records, books, and |
|papers created or used in connection with the Department's investigation of the death or serious life-threatening injury of the |
|child. In any case involving the death or near death of a child, when a person responsible for the child has been charged with |
|committing a crime that results in the child's death or near death, there shall be a presumption that the best interest of the public|
|will be served by public disclosure of certain information concerning the circumstances of the investigations of the death or near |
|death of the child and any other investigations concerning that child or other children living in the same household. |
| If the Department receives from the public a request for information relating to a case of child abuse or neglect involving the |
|death or serious life-threatening injury of a child, the Director shall consult with the State's Attorney in the county of venue and |
|release the report related to the case, except for the following, which may be redacted from the information disclosed to the public:|
|any mental health or psychological information that is confidential as otherwise provided in State law; privileged communications of |
|an attorney; the identity of the individual or individuals, if known, who made the report; information that may cause mental or |
|physical harm to a sibling or another child living in the household; information that may undermine an ongoing criminal |
|investigation; and any information prohibited from disclosure by federal law or regulation. Any information provided by an adult |
|subject of a report that is released about the case in a public forum shall be subject to disclosure upon a public information |
|request. Information about the case shall also be subject to disclosure upon consent of an adult subject. Information about the case |
|shall also be subject to disclosure if it has been publicly disclosed in a report by a law enforcement agency or official, a State's |
|Attorney, a judge, or any other State or local investigative agency or official. Except as it may apply directly to the cause of the |
|death or serious life-threatening injury of the child, nothing in this Section shall be deemed to authorize the release or disclosure|
|to the public of the substance or content of any psychological, psychiatric, therapeutic, clinical, or medical reports, evaluation, |
|or like materials or information pertaining to the child or the child's family. |
| (c) No later than 6 months after the date of the death or serious life-threatening injury of the child, the Department shall |
|notify the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority |
|Leader of the House of Representatives, and the members of the Senate and the House of Representatives in whose district the child's |
|death or serious life-threatening injury occurred upon the completion of each report and shall submit an annual cumulative report to |
|the Governor and the General Assembly incorporating cumulative data about the above reports and including appropriate findings and |
|recommendations. The reports required by this subsection (c) shall be made available to the public after completion or submittal. |
| (d) To enable the Department to prepare the report, the Department may request and shall timely receive from departments, boards,|
|bureaus, or other agencies of the State, or any of its political subdivisions, or any duly authorized agency, or any other agency |
|which provided assistance, care, or services to the deceased or injured child any information they are authorized to provide. |
|(Source: P.A. 97-1068, eff. 1-1-13.) |
| |
| |
| |
| (325 ILCS 5/4.3) |
| Sec. 4.3. DCFS duty to report. The Department shall report the disappearance of any child under its custody or guardianship to |
|the local law enforcement agency working in cooperation with the State Missing Persons Clearinghouse. |
|(Source: P.A. 97-938, eff. 1-1-13.) |
| |
| |
| |
| (325 ILCS 5/4.4) |
| Sec. 4.4. DCFS duty to report to State's Attorney. Whenever the Department receives, by means of its statewide toll-free |
|telephone number established under Section 7.6 for the purpose of reporting suspected child abuse or neglect or by any other means or|
|from any mandated reporter under Section 4, a report of a newborn infant whose blood, urine, or meconium contains any amount of a |
|controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act or a metabolite thereof, |
|with the exception of a controlled substance or metabolite thereof whose presence in the newborn infant is the result of medical |
|treatment administered to the mother or the newborn infant, the Department must immediately report that information to the State's |
|Attorney of the county in which the infant was born. |
|(Source: P.A. 95-361, eff. 8-23-07.) |
| |
| |
| |
| (325 ILCS 5/4.4a) |
| Sec. 4.4a. Department of Children and Family Services duty to report to Department of Human Services' Office of Inspector |
|General. Whenever the Department receives, by means of its statewide toll-free telephone number established under Section 7.6 for the|
|purpose of reporting suspected child abuse or neglect or by any other means or from any mandated reporter under Section 4 of this |
|Act, a report of suspected abuse, neglect, or financial exploitation of a disabled adult between the ages of 18 and 59 and who is not|
|residing in a DCFS licensed facility, the Department shall instruct the reporter to contact the Department of Human Services' Office |
|of the Inspector General and shall provide the reporter with the statewide, 24-hour toll-free telephone number established and |
|maintained by the Department of Human Services' Office of the Inspector General. |
|(Source: P.A. 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/4.5) |
| Sec. 4.5. Electronic and information technology workers; reporting child pornography. |
| (a) In this Section: |
| "Child pornography" means child pornography as described in Section 11-20.1 of the Criminal Code of 2012. |
| "Electronic and information technology equipment" means equipment used in the creation, manipulation, storage, display, or |
|transmission of data, including internet and intranet systems, software applications, operating systems, video and multimedia, |
|telecommunications products, kiosks, information transaction machines, copiers, printers, and desktop and portable computers. |
| "Electronic and information technology equipment worker" means a person who in the scope and course of his or her employment or |
|business installs, repairs, or otherwise services electronic and information technology equipment for a fee but does not include (i) |
|an employee, independent contractor, or other agent of a telecommunications carrier or telephone or telecommunications cooperative, |
|as those terms are defined in the Public Utilities Act, or (ii) an employee, independent contractor, or other agent of a provider of |
|commercial mobile radio service, as defined in 47 C.F.R. 20.3. |
| (b) If an electronic and information technology equipment worker discovers any depiction of child pornography while installing, |
|repairing, or otherwise servicing an item of electronic and information technology equipment, that worker or the worker's employer |
|shall immediately report the discovery to the local law enforcement agency or to the Cyber Tipline at the National Center for Missing|
|& Exploited Children. |
| (c) If a report is filed in accordance with the requirements of 42 U.S.C. 13032, the requirements of this Section 4.5 will be |
|deemed to have been met. |
| (d) An electronic and information technology equipment worker or electronic and information technology equipment worker's |
|employer who reports a discovery of child pornography as required under this Section is immune from any criminal, civil, or |
|administrative liability in connection with making the report, except for willful or wanton misconduct. |
| (e) Failure to report a discovery of child pornography as required under this Section is a business offense subject to a fine of |
|$1,001. |
|(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) |
| |
| |
| |
| (325 ILCS 5/5) (from Ch. 23, par. 2055) |
| Sec. 5. An officer of a local law enforcement agency, designated employee of the Department, or a physician treating a child may |
|take or retain temporary protective custody of the child without the consent of the person responsible for the child's welfare, if |
|(1) he has reason to believe that the child cannot be cared for at home or in the custody of the person responsible for the child's |
|welfare without endangering the child's health or safety; and (2) there is not time to apply for a court order under the Juvenile |
|Court Act of 1987 for temporary custody of the child. The person taking or retaining a child in temporary protective custody shall |
|immediately make every reasonable effort to notify the person responsible for the child's welfare and shall immediately notify the |
|Department. The Department shall provide to the temporary caretaker of a child any information in the Department's possession |
|concerning the positive results of a test performed on the child to determine the presence of the antibody or antigen to Human |
|Immunodeficiency Virus (HIV), or of HIV infection, as well as any communicable diseases or communicable infections that the child |
|has. The temporary caretaker of a child shall not disclose to another person any information received by the temporary caretaker from|
|the Department concerning the results of a test performed on the child to determine the presence of the antibody or antigen to HIV, |
|or of HIV infection, except pursuant to Section 9 of the AIDS Confidentiality Act, as now or hereafter amended. The Department shall |
|promptly initiate proceedings under the Juvenile Court Act of 1987 for the continued temporary custody of the child. |
| Where the physician keeping a child in his custody does so in his capacity as a member of the staff of a hospital or similar |
|institution, he shall notify the person in charge of the institution or his designated agent, who shall then become responsible for |
|the further care of such child in the hospital or similar institution under the direction of the Department. |
| Said care includes, but is not limited to the granting of permission to perform emergency medical treatment to a minor where the |
|treatment itself does not involve a substantial risk of harm to the minor and the failure to render such treatment will likely result|
|in death or permanent harm to the minor, and there is not time to apply for a court order under the Juvenile Court Act of 1987. |
| Any person authorized and acting in good faith in the removal of a child under this Section shall have immunity from any |
|liability, civil or criminal that might otherwise be incurred or imposed as a result of such removal. Any physician authorized and |
|acting in good faith and in accordance with acceptable medical practice in the treatment of a child under this Section shall have |
|immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of granting permission for |
|emergency treatment. |
| With respect to any child taken into temporary protective custody pursuant to this Section, the Department of Children and Family|
|Services Guardianship Administrator or his designee shall be deemed the child's legally authorized representative for purposes of |
|consenting to an HIV test if deemed necessary and appropriate by the Department's Guardianship Administrator or designee and |
|obtaining and disclosing information concerning such test pursuant to the AIDS Confidentiality Act if deemed necessary and |
|appropriate by the Department's Guardianship Administrator or designee and for purposes of consenting to the release of information |
|pursuant to the Illinois Sexually Transmissible Disease Control Act if deemed necessary and appropriate by the Department's |
|Guardianship Administrator or designee. |
| Any person who administers an HIV test upon the consent of the Department of Children and Family Services Guardianship |
|Administrator or his designee, or who discloses the results of such tests to the Department's Guardianship Administrator or his |
|designee, shall have immunity from any liability, civil, criminal or otherwise, that might result by reason of such actions. For the |
|purpose of any proceedings, civil or criminal, the good faith of any persons required to administer or disclose the results of tests,|
|or permitted to take such actions, shall be presumed. |
|(Source: P.A. 90-28, eff. 1-1-98.) |
| |
| |
| |
| (325 ILCS 5/6) (from Ch. 23, par. 2056) |
| Sec. 6. Any person required to investigate cases of suspected child abuse or neglect may take or cause to be taken, at Department|
|expense, color photographs and x-rays of the child who is the subject of a report, and color photographs of the physical environment |
|in which the alleged abuse or neglect has taken place. The person seeking to take such photographs or x-rays shall make every |
|reasonable effort to notify the person responsible for the child's welfare. |
|(Source: P.A. 84-611.) |
| |
| |
| |
| (325 ILCS 5/7) (from Ch. 23, par. 2057) |
| Sec. 7. Time and manner of making reports. All reports of suspected child abuse or neglect made under this Act shall be made |
|immediately by telephone to the central register established under Section 7.7 on the single, State-wide, toll-free telephone number |
|established in Section 7.6, or in person or by telephone through the nearest Department office. The Department shall, in cooperation |
|with school officials, distribute appropriate materials in school buildings listing the toll-free telephone number established in |
|Section 7.6, including methods of making a report under this Act. The Department may, in cooperation with appropriate members of the |
|clergy, distribute appropriate materials in churches, synagogues, temples, mosques, or other religious buildings listing the |
|toll-free telephone number established in Section 7.6, including methods of making a report under this Act. |
| Wherever the Statewide number is posted, there shall also be posted the following notice: |
| "Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection |
|(a)(7) of Section 26-1 of the Criminal Code of 2012. A violation of this subsection is a Class 4 felony." |
| The report required by this Act shall include, if known, the name and address of the child and his parents or other persons |
|having his custody; the child's age; the nature of the child's condition including any evidence of previous injuries or disabilities;|
|and any other information that the person filing the report believes might be helpful in establishing the cause of such abuse or |
|neglect and the identity of the person believed to have caused such abuse or neglect. Reports made to the central register through |
|the State-wide, toll-free telephone number shall be immediately transmitted by the Department to the appropriate Child Protective |
|Service Unit. All such reports alleging the death of a child, serious injury to a child including, but not limited to, brain damage, |
|skull fractures, subdural hematomas, and internal injuries, torture of a child, malnutrition of a child, and sexual abuse to a child,|
|including, but not limited to, sexual intercourse, sexual exploitation, sexual molestation, and sexually transmitted disease in a |
|child age 12 and under, shall also be immediately transmitted by the Department to the appropriate local law enforcement agency. The |
|Department shall within 24 hours orally notify local law enforcement personnel and the office of the State's Attorney of the involved|
|county of the receipt of any report alleging the death of a child, serious injury to a child including, but not limited to, brain |
|damage, skull fractures, subdural hematomas, and, internal injuries, torture of a child, malnutrition of a child, and sexual abuse to|
|a child, including, but not limited to, sexual intercourse, sexual exploitation, sexual molestation, and sexually transmitted disease|
|in a child age twelve and under. All oral reports made by the Department to local law enforcement personnel and the office of the |
|State's Attorney of the involved county shall be confirmed in writing within 24 hours of the oral report. All reports by persons |
|mandated to report under this Act shall be confirmed in writing to the appropriate Child Protective Service Unit, which may be on |
|forms supplied by the Department, within 48 hours of any initial report. |
| Written confirmation reports from persons not required to report by this Act may be made to the appropriate Child Protective |
|Service Unit. Written reports from persons required by this Act to report shall be admissible in evidence in any judicial proceeding |
|or administrative hearing relating to child abuse or neglect. Reports involving known or suspected child abuse or neglect in public |
|or private residential agencies or institutions shall be made and received in the same manner as all other reports made under this |
|Act. |
| For purposes of this Section "child" includes an adult resident as defined in this Act. |
|(Source: P.A. 96-1446, eff. 8-20-10; 97-189, eff. 7-22-11; 97-387, eff. 8-15-11; 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.) |
| |
| |
| |
| (325 ILCS 5/7.1) (from Ch. 23, par. 2057.1) |
| Sec. 7.1. (a) To the fullest extent feasible, the Department shall cooperate with and shall seek the cooperation and involvement |
|of all appropriate public and private agencies, including health, education, social service and law enforcement agencies, religious |
|institutions, courts of competent jurisdiction, and agencies, organizations, or programs providing or concerned with human services |
|related to the prevention, identification or treatment of child abuse or neglect. |
| Such cooperation and involvement shall include joint consultation and services, joint planning, joint case management, joint |
|public education and information services, joint utilization of facilities, joint staff development and other training, and the |
|creation of multidisciplinary case diagnostic, case handling, case management, and policy planning teams. Such cooperation and |
|involvement shall also include consultation and planning with the Illinois Department of Human Services regarding referrals to |
|designated perinatal centers of newborn children requiring protective custody under this Act, whose life or development may be |
|threatened by a developmental disability or handicapping condition. |
| For implementing such intergovernmental cooperation and involvement, units of local government and public and private agencies |
|may apply for and receive federal or State funds from the Department under this Act or seek and receive gifts from local |
|philanthropic or other private local sources in order to augment any State funds appropriated for the purposes of this Act. |
| (b) The Department may establish up to 5 demonstrations of multidisciplinary teams to advise, review and monitor cases of child |
|abuse and neglect brought by the Department or any member of the team. The Director shall determine the criteria by which certain |
|cases of child abuse or neglect are brought to the multidisciplinary teams. The criteria shall include but not be limited to |
|geographic area and classification of certain cases where allegations are of a severe nature. Each multidisciplinary team shall |
|consist of 7 to 10 members appointed by the Director, including, but not limited to representatives from the medical, mental health, |
|educational, juvenile justice, law enforcement and social service fields. |
|(Source: P.A. 92-801, eff. 8-16-02.) |
| |
| |
| |
| (325 ILCS 5/7.2) (from Ch. 23, par. 2057.2) |
| Sec. 7.2. The Department shall establish a Child Protective Service Unit within each geographic region as designated by the |
|Director of the Department. The Child Protective Service Unit shall perform those functions assigned by this Act to it and only such |
|others that would further the purposes of this Act. It shall have a sufficient staff of qualified personnel to fulfill the purpose of|
|this Act and be organized in such a way as to maximize the continuity of responsibility, care and service of the individual workers |
|toward the individual children and families. |
| The Child Protective Service Unit shall designate members of each unit to receive specialty training to serve as special |
|consultants to unit staff and the public in the areas of child sexual abuse, child deaths and injuries, and out-of-home |
|investigations. |
|(Source: P.A. 85-1440.) |
| |
| |
| |
| (325 ILCS 5/7.3) (from Ch. 23, par. 2057.3) |
| Sec. 7.3. (a) The Department shall be the sole agency responsible for receiving and investigating reports of child abuse or |
|neglect made under this Act, including reports of adult resident abuse or neglect as defined in this Act, except where investigations|
|by other agencies may be required with respect to reports alleging the death of a child, serious injury to a child or sexual abuse to|
|a child made pursuant to Sections 4.1 or 7 of this Act, and except that the Department may delegate the performance of the |
|investigation to the Department of State Police, a law enforcement agency and to those private social service agencies which have |
|been designated for this purpose by the Department prior to July 1, 1980. |
| (b) Notwithstanding any other provision of this Act, the Department shall adopt rules expressly allowing law enforcement |
|personnel to investigate reports of suspected child abuse or neglect concurrently with the Department, without regard to whether the |
|Department determines a report to be "indicated" or "unfounded" or deems a report to be "undetermined". |
|(Source: P.A. 95-57, eff. 8-10-07; 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/7.3a) (from Ch. 23, par. 2057.3a) |
| Sec. 7.3a. The Director of the Department shall appoint a Perinatal Coordinator who shall be a physician licensed to practice |
|medicine in all its branches with a specialty certification in pediatric care. Such coordinator, or other designated medical |
|specialists, shall review all reports of suspected medical neglect involving newborns or infants, coordinate the evaluation of the |
|subject of such report, and assist in necessary referrals to appropriate perinatal medical care and treatment. When the Perinatal |
|Coordinator or other designated medical specialists, alone or in consultation with an infant care review committee established by a |
|medical facility, determine that a newborn or infant child is being neglected as defined in Section 3 of this Act, a designated |
|employee of the Department shall take the steps necessary to protect such newborn or infant child's life or health, including but not|
|limited to taking temporary protective custody. |
|(Source: P.A. 83-1248.) |
| |
| |
| |
| (325 ILCS 5/7.3b) (from Ch. 23, par. 2057.3b) |
| Sec. 7.3b. All persons required to report under Section 4 may refer to the Department of Human Services any pregnant person in |
|this State who is addicted as defined in the Alcoholism and Other Drug Abuse and Dependency Act. The Department of Human Services |
|shall notify the local Infant Mortality Reduction Network service provider or Department funded prenatal care provider in the area in|
|which the person resides. The service provider shall prepare a case management plan and assist the pregnant woman in obtaining |
|counseling and treatment from a local substance abuse service provider licensed by the Department of Human Services or a licensed |
|hospital which provides substance abuse treatment services. The local Infant Mortality Reduction Network service provider and |
|Department funded prenatal care provider shall monitor the pregnant woman through the service program. The Department of Human |
|Services shall have the authority to promulgate rules and regulations to implement this Section. |
|(Source: P.A. 88-670, eff. 12-2-94; 89-507 (Sections 9C-25 and 9M-5), eff. 7-1-97.) |
| |
| |
| |
| (325 ILCS 5/7.3c) |
| Sec. 7.3c. Substance abuse services for women with children. |
| The Department of Human Services and the Department of Children and Family Services shall develop a community based system of |
|integrated child welfare and substance abuse services for the purpose of providing safety and protection for children, improving |
|adult health and parenting outcomes, and improving family outcomes. |
| The Department of Children and Family Services, in cooperation with the Department of Human Services, shall develop case |
|management protocols for DCFS clients with substance abuse problems. The Departments may establish pilot programs designed to test |
|the most effective approaches to case-management. The Departments shall evaluate the effectiveness of these pilot programs and report|
|to the Governor and the General Assembly on an annual basis. |
|(Source: P.A. 89-268, eff. 1-1-96; 89-507, eff. 7-1-97.) |
| |
| |
| |
| (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4) |
| Sec. 7.4. (a) The Department shall be capable of receiving reports of suspected child abuse or neglect 24 hours a day, 7 days a |
|week. Whenever the Department receives a report alleging that a child is a truant as defined in Section 26-2a of The School Code, as |
|now or hereafter amended, the Department shall notify the superintendent of the school district in which the child resides and the |
|appropriate superintendent of the educational service region. The notification to the appropriate officials by the Department shall |
|not be considered an allegation of abuse or neglect under this Act. |
| (a-5) Beginning January 1, 2010, the Department of Children and Family Services may implement a 5-year demonstration of a |
|"differential response program" in accordance with criteria, standards, and procedures prescribed by rule. The program may provide |
|that, upon receiving a report, the Department shall determine whether to conduct a family assessment or an investigation as |
|appropriate to prevent or provide a remedy for child abuse or neglect. |
| For purposes of this subsection (a-5), "family assessment" means a comprehensive assessment of child safety, risk of subsequent |
|child maltreatment, and family strengths and needs that is applied to a child maltreatment report that does not allege substantial |
|child endangerment. "Family assessment" does not include a determination as to whether child maltreatment occurred but does determine|
|the need for services to address the safety of family members and the risk of subsequent maltreatment. |
| For purposes of this subsection (a-5), "investigation" means fact-gathering related to the current safety of a child and the risk|
|of subsequent abuse or neglect that determines whether a report of suspected child abuse or neglect should be indicated or unfounded |
|and whether child protective services are needed. |
| Under the "differential response program" implemented under this subsection (a-5), the Department: |
| (1) Shall conduct an investigation on reports |
| |
| |
|involving substantial child abuse or neglect. |
| |
| |
| |
| (2) Shall begin an immediate investigation if, at any |
| |
| |
|time when it is using a family assessment response, it determines that there is reason to believe that substantial child abuse or |
|neglect or a serious threat to the child's safety exists. |
| |
| |
| |
| (3) May conduct a family assessment for reports that |
| |
| |
|do not allege substantial child endangerment. In determining that a family assessment is appropriate, the Department may consider |
|issues including, but not limited to, child safety, parental cooperation, and the need for an immediate response. |
| |
| |
| |
| (4) Shall promulgate criteria, standards, and |
| |
| |
|procedures that shall be applied in making this determination, taking into consideration the Child Endangerment Risk Assessment |
|Protocol of the Department. |
| |
| |
| |
| (5) May conduct a family assessment on a report that |
| |
| |
|was initially screened and assigned for an investigation. |
| |
| |
| |
| In determining that a complete investigation is not required, the Department must document the reason for terminating the |
|investigation and notify the local law enforcement agency or the Department of State Police if the local law enforcement agency or |
|Department of State Police is conducting a joint investigation. |
| Once it is determined that a "family assessment" will be implemented, the case shall not be reported to the central register of |
|abuse and neglect reports. |
| During a family assessment, the Department shall collect any available and relevant information to determine child safety, risk |
|of subsequent abuse or neglect, and family strengths. |
| Information collected includes, but is not limited to, when relevant: information with regard to the person reporting the alleged|
|abuse or neglect, including the nature of the reporter's relationship to the child and to the alleged offender, and the basis of the |
|reporter's knowledge for the report; the child allegedly being abused or neglected; the alleged offender; the child's caretaker; and |
|other collateral sources having relevant information related to the alleged abuse or neglect. Information relevant to the assessment |
|must be asked for, and may include: |
| (A) The child's sex and age, prior reports of abuse |
| |
| |
|or neglect, information relating to developmental functioning, credibility of the child's statement, and whether the information |
|provided under this paragraph (A) is consistent with other information collected during the course of the assessment or |
|investigation. |
| |
| |
| |
| (B) The alleged offender's age, a record check for |
| |
| |
|prior reports of abuse or neglect, and criminal charges and convictions. The alleged offender may submit supporting documentation |
|relevant to the assessment. |
| |
| |
| |
| (C) Collateral source information regarding the |
| |
| |
|alleged abuse or neglect and care of the child. Collateral information includes, when relevant: (i) a medical examination of the |
|child; (ii) prior medical records relating to the alleged maltreatment or care of the child maintained by any facility, clinic, or |
|health care professional, and an interview with the treating professionals; and (iii) interviews with the child's caretakers, |
|including the child's parent, guardian, foster parent, child care provider, teachers, counselors, family members, relatives, and |
|other persons who may have knowledge regarding the alleged maltreatment and the care of the child. |
| |
| |
| |
| (D) Information on the existence of domestic abuse |
| |
| |
|and violence in the home of the child, and substance abuse. |
| |
| |
| |
| Nothing in this subsection (a-5) precludes the Department from collecting other relevant information necessary to conduct the |
|assessment or investigation. Nothing in this subsection (a-5) shall be construed to allow the name or identity of a reporter to be |
|disclosed in violation of the protections afforded under Section 7.19 of this Act. |
| After conducting the family assessment, the Department shall determine whether services are needed to address the safety of the |
|child and other family members and the risk of subsequent abuse or neglect. |
| Upon completion of the family assessment, if the Department concludes that no services shall be offered, then the case shall be |
|closed. If the Department concludes that services shall be offered, the Department shall develop a family preservation plan and offer|
|or refer services to the family. |
| At any time during a family assessment, if the Department believes there is any reason to stop the assessment and conduct an |
|investigation based on the information discovered, the Department shall do so. |
| The procedures available to the Department in conducting investigations under this Act shall be followed as appropriate during a |
|family assessment. |
| The Department shall arrange for an independent evaluation of the "differential response program" authorized and implemented |
|under this subsection (a-5) to determine whether it is meeting the goals in accordance with Section 2 of this Act. The Department may|
|adopt administrative rules necessary for the execution of this Section, in accordance with Section 4 of the Children and Family |
|Services Act. |
| The demonstration conducted under this subsection (a-5) shall become a permanent program on July 1, 2016, upon completion of the |
|demonstration project period. |
| (b)(1) The following procedures shall be followed in the investigation of all reports of suspected abuse or neglect of a child, |
|except as provided in subsection (c) of this Section. |
| (2) If, during a family assessment authorized by subsection (a-5) or an investigation, it appears that the immediate safety or |
|well-being of a child is endangered, that the family may flee or the child disappear, or that the facts otherwise so warrant, the |
|Child Protective Service Unit shall commence an investigation immediately, regardless of the time of day or night. All other |
|investigations shall be commenced within 24 hours of receipt of the report. Upon receipt of a report, the Child Protective Service |
|Unit shall conduct a family assessment authorized by subsection (a-5) or begin an initial investigation and make an initial |
|determination whether the report is a good faith indication of alleged child abuse or neglect. |
| (3) Based on an initial investigation, if the Unit determines the report is a good faith indication of alleged child abuse or |
|neglect, then a formal investigation shall commence and, pursuant to Section 7.12 of this Act, may or may not result in an indicated |
|report. The formal investigation shall include: direct contact with the subject or subjects of the report as soon as possible after |
|the report is received; an evaluation of the environment of the child named in the report and any other children in the same |
|environment; a determination of the risk to such children if they continue to remain in the existing environments, as well as a |
|determination of the nature, extent and cause of any condition enumerated in such report; the name, age and condition of other |
|children in the environment; and an evaluation as to whether there would be an immediate and urgent necessity to remove the child |
|from the environment if appropriate family preservation services were provided. After seeing to the safety of the child or children, |
|the Department shall forthwith notify the subjects of the report in writing, of the existence of the report and their rights existing|
|under this Act in regard to amendment or expungement. To fulfill the requirements of this Section, the Child Protective Service Unit |
|shall have the capability of providing or arranging for comprehensive emergency services to children and families at all times of the|
|day or night. |
| (4) If (i) at the conclusion of the Unit's initial investigation of a report, the Unit determines the report to be a good faith |
|indication of alleged child abuse or neglect that warrants a formal investigation by the Unit, the Department, any law enforcement |
|agency or any other responsible agency and (ii) the person who is alleged to have caused the abuse or neglect is employed or |
|otherwise engaged in an activity resulting in frequent contact with children and the alleged abuse or neglect are in the course of |
|such employment or activity, then the Department shall, except in investigations where the Director determines that such notification|
|would be detrimental to the Department's investigation, inform the appropriate supervisor or administrator of that employment or |
|activity that the Unit has commenced a formal investigation pursuant to this Act, which may or may not result in an indicated report.|
|The Department shall also notify the person being investigated, unless the Director determines that such notification would be |
|detrimental to the Department's investigation. |
| (c) In an investigation of a report of suspected abuse or neglect of a child by a school employee at a school or on school |
|grounds, the Department shall make reasonable efforts to follow the following procedures: |
| (1) Investigations involving teachers shall not, to |
| |
| |
|the extent possible, be conducted when the teacher is scheduled to conduct classes. Investigations involving other school employees |
|shall be conducted so as to minimize disruption of the school day. The school employee accused of child abuse or neglect may have his|
|superior, his association or union representative and his attorney present at any interview or meeting at which the teacher or |
|administrator is present. The accused school employee shall be informed by a representative of the Department, at any interview or |
|meeting, of the accused school employee's due process rights and of the steps in the investigation process. The information shall |
|include, but need not necessarily be limited to the right, subject to the approval of the Department, of the school employee to |
|confront the accuser, if the accuser is 14 years of age or older, or the right to review the specific allegations which gave rise to |
|the investigation, and the right to review all materials and evidence that have been submitted to the Department in support of the |
|allegation. These due process rights shall also include the right of the school employee to present countervailing evidence regarding|
|the accusations. |
| |
| |
| |
| (2) If a report of neglect or abuse of a child by a |
| |
| |
|teacher or administrator does not involve allegations of sexual abuse or extreme physical abuse, the Child Protective Service Unit |
|shall make reasonable efforts to conduct the initial investigation in coordination with the employee's supervisor. |
| |
| |
| |
| If the Unit determines that the report is a good |
| |
| |
|faith indication of potential child abuse or neglect, it shall then commence a formal investigation under paragraph (3) of subsection|
|(b) of this Section. |
| |
| |
| |
| (3) If a report of neglect or abuse of a child by a |
| |
| |
|teacher or administrator involves an allegation of sexual abuse or extreme physical abuse, the Child Protective Unit shall commence |
|an investigation under paragraph (2) of subsection (b) of this Section. |
| |
| |
| |
| (c-5) In any instance in which a report is made or caused to made by a school district employee involving the conduct of a person|
|employed by the school district, at the time the report was made, as required under Section 4 of this Act, the Child Protective |
|Service Unit shall send a copy of its final finding report to the general superintendent of that school district. |
| (d) If the Department has contact with an employer, or with a religious institution or religious official having supervisory or |
|hierarchical authority over a member of the clergy accused of the abuse of a child, in the course of its investigation, the |
|Department shall notify the employer or the religious institution or religious official, in writing, when a report is unfounded so |
|that any record of the investigation can be expunged from the employee's or member of the clergy's personnel or other records. The |
|Department shall also notify the employee or the member of the clergy, in writing, that notification has been sent to the employer or|
|to the appropriate religious institution or religious official informing the employer or religious institution or religious official |
|that the Department's investigation has resulted in an unfounded report. |
| (e) Upon request by the Department, the Department of State Police and law enforcement agencies are authorized to provide |
|criminal history record information as defined in the Illinois Uniform Conviction Information Act and information maintained in the |
|adjudicatory and dispositional record system as defined in Section 2605-355 of the Department of State Police Law (20 ILCS |
|2605/2605-355) to properly designated employees of the Department of Children and Family Services if the Department determines the |
|information is necessary to perform its duties under the Abused and Neglected Child Reporting Act, the Child Care Act of 1969, and |
|the Children and Family Services Act. The request shall be in the form and manner required by the Department of State Police. Any |
|information obtained by the Department of Children and Family Services under this Section is confidential and may not be transmitted |
|outside the Department of Children and Family Services other than to a court of competent jurisdiction or unless otherwise authorized|
|by law. Any employee of the Department of Children and Family Services who transmits confidential information in violation of this |
|Section or causes the information to be transmitted in violation of this Section is guilty of a Class A misdemeanor unless the |
|transmittal of the information is authorized by this Section or otherwise authorized by law. |
| (f) For purposes of this Section "child abuse or neglect" includes abuse or neglect of an adult resident as defined in this Act. |
|(Source: P.A. 98-1141, eff. 12-30-14.) |
| |
| |
| |
| (325 ILCS 5/7.5) (from Ch. 23, par. 2057.5) |
| Sec. 7.5. If the Child Protective Service Unit is denied reasonable access to a child by the parents or other persons and it |
|deems that the health, safety, and best interests of the child so require, it shall request the intervention of a local law |
|enforcement agency or seek an appropriate court order to examine and interview the child. |
|(Source: P.A. 90-28, eff. 1-1-98.) |
| |
| |
| |
| (325 ILCS 5/7.6) (from Ch. 23, par. 2057.6) |
| Sec. 7.6. There shall be a single State-wide, toll-free telephone number established and maintained by the Department which all |
|persons, whether or not mandated by law, may use to report suspected child abuse or neglect at any hour of the day or night, on any |
|day of the week. Immediately upon receipt of such reports, the Department shall transmit the contents of the report, either orally or|
|electronically, to the appropriate Child Protective Service Unit. Any other person may use the State-wide number to obtain assistance|
|or information concerning the handling of child abuse and neglect cases. |
| Wherever the Statewide number is posted, there shall also be posted the following notice: |
| "Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection |
|(a)(7) of Section 26-1 of the Criminal Code of 2012. A violation of this subsection is a Class 4 felony." |
|(Source: P.A. 97-189, eff. 7-22-11; 97-1150, eff. 1-25-13.) |
| |
| |
| |
| (325 ILCS 5/7.7) (from Ch. 23, par. 2057.7) |
| Sec. 7.7. There shall be a central register of all cases of suspected child abuse or neglect reported and maintained by the |
|Department under this Act. Through the recording of initial, preliminary, and final reports, the central register shall be operated |
|in such a manner as to enable the Department to: (1) immediately identify and locate prior reports of child abuse or neglect; (2) |
|continuously monitor the current status of all reports of child abuse or neglect being provided services under this Act; and (3) |
|regularly evaluate the effectiveness of existing laws and programs through the development and analysis of statistical and other |
|information. |
| The Department shall maintain in the central register a listing of unfounded reports where the subject of the unfounded report |
|requests that the record not be expunged because the subject alleges an intentional false report was made. Such a request must be |
|made by the subject in writing to the Department, within 10 days of the investigation. By January 1, 2014, the Department shall |
|promulgate rules establishing criteria and standards for labeling an unfounded report as an intentional false report in the central |
|register. The rules shall permit the reporter to submit a statement regarding the report unless the reporter has been convicted of |
|knowingly transmitting a false report to the Department under paragraph (7) of subsection (a) of Section 26-1 of the Criminal Code of|
|2012. |
| The Department shall also maintain in the central register a listing of unfounded reports where the report was classified as a |
|priority one or priority two report in accordance with the Department's rules or the report was made by a person mandated to report |
|suspected abuse or neglect under this Act. |
| The Department shall maintain in the central register for 3 years a listing of unfounded reports involving the death of a child, |
|the sexual abuse of a child, or serious physical injury to a child as defined by the Department in rules. |
| If an individual is the subject of a subsequent investigation that is pending, the Department shall maintain all prior unfounded |
|reports pertaining to that individual until the pending investigation has been completed or for 12 months, whichever time period ends|
|later. |
| The Department shall maintain all other unfounded reports for 12 months following the date of the final finding. |
| For purposes of this Section "child abuse or neglect" includes abuse or neglect of an adult resident as defined in this Act. |
|(Source: P.A. 97-333, eff. 8-12-11; 97-1089, eff. 8-24-12; 98-453, eff. 8-16-13.) |
| |
| |
| |
| (325 ILCS 5/7.8) (from Ch. 23, par. 2057.8) |
| Sec. 7.8. Upon receiving an oral or written report of suspected child abuse or neglect, the Department shall immediately notify, |
|either orally or electronically, the Child Protective Service Unit of a previous report concerning a subject of the present report or|
|other pertinent information. In addition, upon satisfactory identification procedures, to be established by Department regulation, |
|any person authorized to have access to records under Section 11.1 relating to child abuse and neglect may request and shall be |
|immediately provided the information requested in accordance with this Act. However, no information shall be released unless it |
|prominently states the report is "indicated", and only information from "indicated" reports shall be released, except that |
|information concerning pending reports may be released pursuant to Sections 7.14 and 7.22 of this Act to the attorney or guardian ad |
|litem appointed under Section 2-17 of the Juvenile Court Act and to any person authorized under paragraphs (1), (2), (3) and (11) of |
|Section 11.1. In addition, State's Attorneys are authorized to receive unfounded reports for prosecution purposes related to the |
|transmission of false reports of child abuse or neglect in violation of subsection (a), paragraph (7) of Section 26-1 of the Criminal|
|Code of 2012 and attorneys and guardians ad litem appointed under Article II of the Juvenile Court Act of 1987 shall receive the |
|reports set forth in Section 7.14 of this Act in conformance with paragraph (19) of Section 11.1 and Section 7.14 of this Act. The |
|names and other identifying data and the dates and the circumstances of any persons requesting or receiving information from the |
|central register shall be entered in the register record. |
|(Source: P.A. 97-1150, eff. 1-25-13; 98-807, eff. 8-1-14.) |
| |
| |
| |
| (325 ILCS 5/7.9) (from Ch. 23, par. 2057.9) |
| Sec. 7.9. The Department shall prepare, print, and distribute initial, preliminary, and final reporting forms to each Child |
|Protective Service Unit. Initial written reports from the reporting source shall contain the following information to the extent |
|known at the time the report is made: (1) the names and addresses of the child and his parents or other persons responsible for his |
|welfare; (1.5) the name and address of the school that the child attends (or the school that the child last attended, if the report |
|is written during the summer when school is not in session), and the name of the school district in which the school is located, if |
|applicable; (2) the child's age, sex, and race; (3) the nature and extent of the child's abuse or neglect, including any evidence of |
|prior injuries, abuse, or neglect of the child or his siblings; (4) the names of the persons apparently responsible for the abuse or |
|neglect; (5) family composition, including names, ages, sexes, and races of other children in the home; (6) the name of the person |
|making the report, his occupation, and where he can be reached; (7) the actions taken by the reporting source, including the taking |
|of photographs and x-rays, placing the child in temporary protective custody, or notifying the medical examiner or coroner; and (8) |
|any other information the person making the report believes might be helpful in the furtherance of the purposes of this Act. |
|(Source: P.A. 92-295, eff. 1-1-02; 92-651, eff. 7-11-02.) |
| |
| |
| |
| (325 ILCS 5/7.10) (from Ch. 23, par. 2057.10) |
| Sec. 7.10. Upon the receipt of each oral report made under this Act, the Child Protective Service Unit shall immediately transmit|
|a copy thereof to the state central register of child abuse and neglect. A preliminary report from a Child Protective Service Unit |
|shall be made at the time of the first of any 30-day extensions made pursuant to Section 7.12 and shall describe the status of the |
|related investigation up to that time, including an evaluation of the present family situation and danger to the child or children, |
|corrections or up-dating of the initial report, and actions taken or contemplated. |
| For purposes of this Section "child" includes an adult resident as defined in this Act. |
|(Source: P.A. 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/7.12) (from Ch. 23, par. 2057.12) |
| Sec. 7.12. The Child Protective Service Unit shall determine, within 60 days, whether the report is "indicated" or "unfounded" |
|and report it forthwith to the central register; where it is not possible to initiate or complete an investigation within 60 days the|
|report may be deemed "undetermined" provided every effort has been made to undertake a complete investigation. The Department may |
|extend the period in which such determinations must be made in individual cases for additional periods of up to 30 days each for good|
|cause shown. The Department shall by rule establish what shall constitute good cause. |
| In those cases in which the Child Protective Service Unit has made a final determination that a report is "indicated" or |
|"unfounded", the Department shall provide written notification of the final determination to the subjects of the report and to the |
|alleged perpetrator, parents, personal guardian or legal guardian of the alleged child victim, and other persons required to receive |
|notice by regular U.S. mail. Subject to appropriation, written notification of the final determination shall be sent to a perpetrator|
|indicated for child abuse or child neglect, or both, by both regular and certified mail. |
|(Source: P.A. 96-385, eff. 1-1-10.) |
| |
| |
| |
| (325 ILCS 5/7.13) (from Ch. 23, par. 2057.13) |
| Sec. 7.13. The reports made under this Act may contain such additional information in the furtherance of the purposes of this Act|
|as the Department, by rule, may require. |
|(Source: P.A. 81-1077.) |
| |
| |
| |
| (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14) |
| Sec. 7.14. All reports in the central register shall be classified in one of three categories: "indicated", "unfounded" or |
|"undetermined", as the case may be. Prior to classifying the report, the person making the classification shall determine whether the|
|child named in the report is the subject of an action under Article II of the Juvenile Court Act of 1987. If the child is the subject|
|of an action under Article II of the Juvenile Court Act and the Department intends to classify the report as indicated, the |
|Department shall, within 45 days of classification of the report, transmit a copy of the report to the attorney or guardian ad litem |
|appointed for the child under Section 2-17 of the Juvenile Court Act. If the child is the subject of an action under Article II of |
|the Juvenile Court Act and the Department intends to classify the report as unfounded, the Department shall, within 45 days of |
|deciding its intent to classify the report as unfounded, transmit a copy of the report and written notice of the Department's intent |
|to the attorney or guardian ad litem appointed for the child under Section 2-17 of the Juvenile Court Act. All information |
|identifying the subjects of an unfounded report shall be expunged from the register forthwith, except as provided in Section 7.7. |
|Unfounded reports may only be made available to the Child Protective Service Unit when investigating a subsequent report of suspected|
|abuse or maltreatment involving a child named in the unfounded report; and to the subject of the report, provided the Department has |
|not expunged the file in accordance with Section 7.7. The Child Protective Service Unit shall not indicate the subsequent report |
|solely based upon the existence of the prior unfounded report or reports. Notwithstanding any other provision of law to the contrary,|
|an unfounded report shall not be admissible in any judicial or administrative proceeding or action. Identifying information on all |
|other records shall be removed from the register no later than 5 years after the report is indicated. However, if another report is |
|received involving the same child, his sibling or offspring, or a child in the care of the persons responsible for the child's |
|welfare, or involving the same alleged offender, the identifying information may be maintained in the register until 5 years after |
|the subsequent case or report is closed. |
| Notwithstanding any other provision of this Section, identifying information in indicated reports involving serious physical |
|injury to a child as defined by the Department in rules, may be retained longer than 5 years after the report is indicated or after |
|the subsequent case or report is closed, and may not be removed from the register except as provided by the Department in rules. |
|Identifying information in indicated reports involving sexual penetration of a child, sexual molestation of a child, sexual |
|exploitation of a child, torture of a child, or the death of a child, as defined by the Department in rules, shall be retained for a |
|period of not less than 50 years after the report is indicated or after the subsequent case or report is closed. |
| For purposes of this Section "child" includes an adult resident as defined in this Act. |
|(Source: P.A. 97-333, eff. 8-12-11; 98-453, eff. 8-16-13; 98-807, eff. 8-1-14.) |
| |
| |
| |
| (325 ILCS 5/7.15) (from Ch. 23, par. 2057.15) |
| Sec. 7.15. The central register may contain such other information which the Department determines to be in furtherance of the |
|purposes of this Act. Pursuant to the provisions of Sections 7.14 and 7.16, the Department may amend or remove from the central |
|register appropriate records upon good cause shown and upon notice to the subjects of the report and the Child Protective Service |
|Unit. |
|(Source: P.A. 90-15, eff. 6-13-97.) |
| |
| |
| |
| (325 ILCS 5/7.16) (from Ch. 23, par. 2057.16) |
| Sec. 7.16. For any investigation or appeal initiated on or after, or pending on July 1, 1998, the following time frames shall |
|apply. Within 60 days after the notification of the completion of the Child Protective Service Unit investigation, determined by the |
|date of the notification sent by the Department, the perpetrator named in the notification may request the Department to amend the |
|record or remove the record of the report from the register, except that the 60-day deadline for filing a request to amend the record|
|or remove the record of the report from the State Central Register shall be tolled until after the conclusion of any criminal court |
|action in the circuit court or after adjudication in any juvenile court action concerning the circumstances that give rise to an |
|indicated report. Such request shall be in writing and directed to such person as the Department designates in the notification |
|letter notifying the perpetrator of the indicated finding. The perpetrator shall have the right to a timely hearing within the |
|Department to determine whether the record of the report should be amended or removed on the grounds that it is inaccurate or it is |
|being maintained in a manner inconsistent with this Act, except that there shall be no such right to a hearing on the ground of the |
|report's inaccuracy if there has been a court finding of child abuse or neglect or a criminal finding of guilt as to the perpetrator.|
|Such hearing shall be held within a reasonable time after the perpetrator's request and at a reasonable place and hour. The |
|appropriate Child Protective Service Unit shall be given notice of the hearing. If the minor, who is the victim named in the report |
|sought to be amended or removed from the State Central Register, is the subject of a pending action under Article II of the Juvenile |
|Court Act of 1987, and the report was made while a guardian ad litem was appointed for the minor under Section 2-17 of the Juvenile |
|Court Act of 1987, then the minor shall, through the minor's attorney or guardian ad litem appointed under Section 2-17 of the |
|Juvenile Court Act of 1987, have the right to participate and be heard in such hearing as defined under the Department's rules. In |
|such hearings, the burden of proving the accuracy and consistency of the record shall be on the Department and the appropriate Child |
|Protective Service Unit. The hearing shall be conducted by the Director or his designee, who is hereby authorized and empowered to |
|order the amendment or removal of the record to make it accurate and consistent with this Act. The decision shall be made, in |
|writing, at the close of the hearing, or within 60 days thereof, and shall state the reasons upon which it is based. Decisions of the|
|Department under this Section are administrative decisions subject to judicial review under the Administrative Review Law. |
| Should the Department grant the request of the perpetrator pursuant to this Section either on administrative review or after an |
|administrative hearing to amend an indicated report to an unfounded report, the report shall be released and expunged in accordance |
|with the standards set forth in Section 7.14 of this Act. |
|(Source: P.A. 98-453, eff. 8-16-13; 98-487, eff. 1-1-14; 98-756, eff. 7-16-14.) |
| |
| |
| |
| (325 ILCS 5/7.17) (from Ch. 23, par. 2057.17) |
| Sec. 7.17. To the fullest extent possible, written notice of any amendment, expunction, or removal of any record made under this |
|Act shall be served upon each subject of such report and the appropriate Child Protective Service Unit. Upon receipt of such notice, |
|the Child Protective Service Unit shall take similar action in regard to the local child abuse and neglect index and shall inform, |
|for the same purpose, any other individuals or agencies which received such record under this Act or in any other manner. Nothing in |
|this Section is intended to require the destruction of case records. |
|(Source: P.A. 81-1077.) |
| |
| |
| |
| (325 ILCS 5/7.18) (from Ch. 23, par. 2057.18) |
| Sec. 7.18. Pursuant to Sections 7.15 and 7.16 and for good cause shown, the Child Protective Service Unit may amend any report |
|previously sent to the State-wide center. Unless otherwise prescribed by this Act, the content, form, manner and timing of making the|
|reports shall be established by rules of the Department. |
|(Source: P.A. 81-1077.) |
| |
| |
| |
| (325 ILCS 5/7.19) (from Ch. 23, par. 2057.19) |
| Sec. 7.19. Upon request, a subject of a report shall be entitled to receive a copy of all information contained in the central |
|register pertaining to his case. However, the Department may prohibit the release of data that would identify or locate a person who,|
|in good faith, made a report or cooperated in a subsequent investigation. In addition, the Department may seek a court order from the|
|circuit court prohibiting the release of any information which the court finds is likely to be harmful to the subject of the report. |
|(Source: P.A. 81-1077.) |
| |
| |
| |
| (325 ILCS 5/7.20) |
| Sec. 7.20. Inter-agency agreements for information. The Department shall enter into an inter-agency agreement with the Secretary |
|of State to establish a procedure by which employees of the Department may have immediate access to driver's license records |
|maintained by the Secretary of State if the Department determines the information is necessary to perform its duties under the Abused|
|and Neglected Child Reporting Act, the Child Care Act of 1969, and the Children and Family Services Act. The Department shall enter |
|into an inter-agency agreement with the Department of Healthcare and Family Services and the Department of Human Services (acting as |
|successor to the Department of Public Aid under the Department of Human Services Act) to establish a procedure by which employees of |
|the Department may have immediate access to records, files, papers, and communications (except medical, alcohol or drug assessment or|
|treatment, mental health, or any other medical records) of the Department of Healthcare and Family Services, county departments of |
|public aid, the Department of Human Services, and local governmental units receiving State or federal funds or aid to provide public |
|aid, if the Department determines the information is necessary to perform its duties under the Abused and Neglected Child Reporting |
|Act, the Child Care Act of 1969, and the Children and Family Services Act. |
|(Source: P.A. 95-331, eff. 8-21-07.) |
| |
| |
| |
| (325 ILCS 5/7.21) |
| Sec. 7.21. Multidisciplinary Review Committee. |
| (a) The Department may establish multidisciplinary review committees in each region of the State to assure that mandated |
|reporters have the ability to have a review conducted on any situation where a child abuse or neglect report made by them was |
|"unfounded", and they have concerns about the adequacy of the investigation. These committees shall draw upon the expertise of the |
|Child Death Review Teams as necessary and practicable. Each committee will be composed of the following: a health care professional, |
|a Department employee, a law enforcement official, a licensed social worker, and a representative of the State's attorney's office. |
|In appointing members of a committee, primary consideration shall be given to a prospective member's prior experience in dealing with|
|cases of suspected child abuse or neglect. |
| (b) Whenever the Department determines that a reported incident of child abuse or neglect from a mandated reporter is |
|"unfounded", the mandated reporter may request a review of the investigation within 10 days of the notification of the final finding.|
| |
| A review under this subsection will be conducted by the committee. The Department shall make available to the committee all |
|information in the Department's possession concerning the case. The committee shall make recommendations to the Department as to the |
|adequacy of the investigation and of the accuracy of the final finding determination. These findings shall be forwarded to the |
|Regional Child Protection Manager. |
| (c) The Department shall provide complete records of these investigations to the committee. Records provided to the committee and|
|recommendation reports generated by the committee shall not be public record. |
| (c-5) On or before October 1 of each year, the Department shall prepare a report setting forth (i) the number of investigations |
|reviewed by each committee during the previous fiscal year and (ii) the number of those investigations that the committee found to be|
|inadequate. The report shall also include a summary of the committee's comments and a summary of the corrective action, if any, that |
|was taken in response to the committee's recommendations. The report shall be a public record. The Department shall submit the report|
|to the General Assembly and shall make the report available to the public upon request. |
| (d) The Department shall adopt rules to implement this Section. |
|(Source: P.A. 98-453, eff. 8-16-13.) |
| |
| |
| |
| (325 ILCS 5/7.22) |
| Sec. 7.22. Reviews of unfounded reports. |
| (a) Whenever the Department determines that a reported incident of child abuse or neglect will be "unfounded", the Department |
|shall forward a copy of the report and written notice of the Department's intent to classify the report as unfounded to the minor's |
|attorney or guardian ad litem appointed under the Juvenile Court Act of 1987. The minor's attorney or guardian ad litem may request a|
|review of the investigation within 10 days of receipt of the report and written notice of the Department's intent to classify the |
|report as unfounded, as provided in Section 7.14 of this Act, if the subject of the report is also the minor for whom the attorney or|
|guardian ad litem has been appointed. |
| (b) Reviews requested under subsection (a) may be requested by sending a request via U.S. Mail, postmarked within 10 days after |
|notice of the Department's intent to classify the report as unfounded, or by faxing a request within 10 days after notice of the |
|Department's intent to classify the report as unfounded. The date of notification of the Department's intent to classify the report |
|as unfounded is the date the attorney or guardian ad litem received a copy of the report and written notice from the Department. |
|Following the review, the Department shall inform the minor's attorney or guardian ad litem as to whether the report will be |
|classified as indicated or unfounded. The minor's attorney or guardian ad litem shall also receive a final finding notice from the |
|State Central Register. |
| (c) By January 1, 2014, the Department shall promulgate rules addressing reviews requested under subsection (a). The rules shall |
|provide that a review requested under subsection (a) must occur before the report is classified and a final finding is entered in the|
|central register and that the review must be conducted by a Department employee outside the supervisory chain of the assigned |
|investigator. |
|(Source: P.A. 98-453, eff. 8-16-13; 98-807, eff. 8-1-14.) |
| |
| |
| |
| (325 ILCS 5/8.1) (from Ch. 23, par. 2058.1) |
| Sec. 8.1. If the Child Protective Service Unit determines after investigating a report that there is no credible evidence that a |
|child is abused or neglected, it shall deem the report to be an unfounded report. However, if it appears that the child or family |
|could benefit from other social services, the local service may suggest such services, including services under Section 8.2, for the |
|family's voluntary acceptance or refusal. If the family declines such services, the Department shall take appropriate action in |
|keeping with the best interest of the child, including referring a member of the child's family to a facility licensed by the |
|Department of Human Services or the Department of Public Health. For purposes of this Section "child" includes an adult resident as |
|defined in this Act. |
|(Source: P.A. 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2) |
| Sec. 8.2. If the Child Protective Service Unit determines, following an investigation made pursuant to Section 7.4 of this Act, |
|that there is credible evidence that the child is abused or neglected, the Department shall assess the family's need for services, |
|and, as necessary, develop, with the family, an appropriate service plan for the family's voluntary acceptance or refusal. In any |
|case where there is evidence that the perpetrator of the abuse or neglect is an addict or alcoholic as defined in the Alcoholism and |
|Other Drug Abuse and Dependency Act, the Department, when making referrals for drug or alcohol abuse services, shall make such |
|referrals to facilities licensed by the Department of Human Services or the Department of Public Health. The Department shall comply |
|with Section 8.1 by explaining its lack of legal authority to compel the acceptance of services and may explain its concomitant |
|authority to petition the Circuit court under the Juvenile Court Act of 1987 or refer the case to the local law enforcement authority|
|or State's attorney for criminal prosecution. |
| For purposes of this Act, the term "family preservation services" refers to all services to help families, including adoptive and|
|extended families. Family preservation services shall be offered, where safe and appropriate, to prevent the placement of children in|
|substitute care when the children can be cared for at home or in the custody of the person responsible for the children's welfare |
|without endangering the children's health or safety, to reunite them with their families if so placed when reunification is an |
|appropriate goal, or to maintain an adoptive placement. The term "homemaker" includes emergency caretakers, homemakers, caretakers, |
|housekeepers and chore services. The term "counseling" includes individual therapy, infant stimulation therapy, family therapy, group|
|therapy, self-help groups, drug and alcohol abuse counseling, vocational counseling and post-adoptive services. The term "day care" |
|includes protective day care and day care to meet educational, prevocational or vocational needs. The term "emergency assistance and |
|advocacy" includes coordinated services to secure emergency cash, food, housing and medical assistance or advocacy for other |
|subsistence and family protective needs. |
| Before July 1, 2000, appropriate family preservation services shall, subject to appropriation, be included in the service plan if|
|the Department has determined that those services will ensure the child's health and safety, are in the child's best interests, and |
|will not place the child in imminent risk of harm. Beginning July 1, 2000, appropriate family preservation services shall be |
|uniformly available throughout the State. The Department shall promptly notify children and families of the Department's |
|responsibility to offer and provide family preservation services as identified in the service plan. Such plans may include but are |
|not limited to: case management services; homemakers; counseling; parent education; day care; emergency assistance and advocacy |
|assessments; respite care; in-home health care; transportation to obtain any of the above services; and medical assistance. Nothing |
|in this paragraph shall be construed to create a private right of action or claim on the part of any individual or child welfare |
|agency, except that when a child is the subject of an action under Article II of the Juvenile Court Act of 1987 and the child's |
|service plan calls for services to facilitate achievement of the permanency goal, the court hearing the action under Article II of |
|the Juvenile Court Act of 1987 may order the Department to provide the services set out in the plan, if those services are not |
|provided with reasonable promptness and if those services are available. |
| Each Department field office shall maintain on a local basis directories of services available to children and families in the |
|local area where the Department office is located. |
| The Department shall refer children and families served pursuant to this Section to private agencies and governmental agencies, |
|where available. |
| Where there are 2 equal proposals from both a not-for-profit and a for-profit agency to provide services, the Department shall |
|give preference to the proposal from the not-for-profit agency. |
| No service plan shall compel any child or parent to engage in any activity or refrain from any activity which is not reasonably |
|related to remedying a condition or conditions that gave rise or which could give rise to any finding of child abuse or neglect. |
|(Source: P.A. 96-600, eff. 8-21-09; 97-859, eff. 7-27-12.) |
| |
| |
| |
| (325 ILCS 5/8.2a) |
| Sec. 8.2a. Developmental and social-emotional screening; indicated finding of abuse or neglect. The Department shall conduct a |
|developmental and social-emotional screening within 45 days after the Department is granted temporary custody of a child. When a |
|child under the age of 3 is engaged in intact family services, the Department shall offer to conduct a developmental screening within|
|60 days after the Department opens the case. For children in intact cases who are ages 3 through 5, the intact caseworker shall refer|
|the child for a developmental screening. The Department shall promulgate rules necessary for the implementation of this Section. |
|(Source: P.A. 97-930, eff. 8-10-12.) |
| |
| |
| |
| (325 ILCS 5/8.3) (from Ch. 23, par. 2058.3) |
| Sec. 8.3. The Department shall assist a Circuit Court during all stages of the court proceeding in accordance with the purposes |
|of this Act and the Juvenile Court Act of 1987 by providing full, complete, and accurate information to the court and by appearing in|
|court if requested by the court. Failure to provide assistance requested by a court shall be enforceable through proceedings for |
|contempt of court. |
|(Source: P.A. 88-310.) |
| |
| |
| |
| (325 ILCS 5/8.4) (from Ch. 23, par. 2058.4) |
| Sec. 8.4. The Department shall provide or arrange for and monitor, as authorized by this Act, rehabilitative services for |
|children and their families on a voluntary basis or under a final or intermediate order of the Court. |
|(Source: P.A. 84-611.) |
| |
| |
| |
| (325 ILCS 5/8.5) (from Ch. 23, par. 2058.5) |
| Sec. 8.5. The Child Protective Service Unit shall maintain a local child abuse and neglect index of all cases reported under this|
|Act which will enable it to determine the location of case records and to monitor the timely and proper investigation and disposition|
|of cases. The index shall include the information contained in the initial, progress, and final reports required under this Act, and |
|any other appropriate information. For purposes of this Section "child abuse and neglect" includes abuse or neglect of an adult |
|resident as defined in this Act. |
|(Source: P.A. 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/8.6) |
| Sec. 8.6. Reports to a child's school. Within 10 days after completing an investigation of alleged physical or sexual abuse under|
|this Act, if the report is indicated, the Child Protective Service Unit shall send a copy of its final finding report to the school |
|that the child who is the indicated victim of the report attends. If the final finding report is sent during the summer when the |
|school is not in session, the report shall be sent to the last school that the child attended. The final finding report shall be sent|
|as "confidential", and the school shall be responsible for ensuring that the report remains confidential in accordance with the |
|Illinois School Student Records Act. If an indicated finding is overturned in an appeal or hearing, or if the Department has made a |
|determination that the child is no longer at risk of physical or sexual harm, the Department shall request that the final finding |
|report be purged from the student's record, and the school shall purge the final finding report from the student's record and return |
|the report to the Department. If an indicated report is expunged from the central register, and that report has been sent to a |
|child's school, the Department shall request that the final finding report be purged from the student's record, and the school shall |
|purge the final finding report from the student's record and return the report to the Department. |
|(Source: P.A. 92-295, eff. 1-1-02.) |
| |
| |
| |
| (325 ILCS 5/9) (from Ch. 23, par. 2059) |
| Sec. 9. Any person, institution or agency, under this Act, participating in good faith in the making of a report or referral, or |
|in the investigation of such a report or referral or in the taking of photographs and x-rays or in the retaining a child in temporary|
|protective custody or in making a disclosure of information concerning reports of child abuse and neglect in compliance with Sections|
|4.2 and 11.1 of this Act or Section 4 of this Act, as it relates to disclosure by school personnel and except in cases of wilful or |
|wanton misconduct, shall have immunity from any liability, civil, criminal or that otherwise might result by reason of such actions. |
|For the purpose of any proceedings, civil or criminal, the good faith of any persons required to report or refer, or permitted to |
|report, cases of suspected child abuse or neglect or permitted to refer individuals under this Act or required to disclose |
|information concerning reports of child abuse and neglect in compliance with Sections 4.2 and 11.1 of this Act, shall be presumed. |
|For purposes of this Section "child abuse and neglect" includes abuse or neglect of an adult resident as defined in this Act. |
|(Source: P.A. 95-908, eff. 8-26-08; 96-1446, eff. 8-20-10.) |
| |
| |
| (325 ILCS 5/9.1) (from Ch. 23, par. 2059.1) |
| Sec. 9.1. Employer discrimination. 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. For purposes of this Section "child abuse or neglect" includes abuse or neglect of an adult resident as defined in this Act.|
| |
|(Source: P.A. 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/10) (from Ch. 23, par. 2060) |
| Sec. 10. Any person who makes a report or who investigates a report under this 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 under Section 4 of this Act 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 under this Act and any person who is required to report a suspected case of abuse or neglect under Section 4 of|
|this Act or the person making or investigating the report. |
|(Source: P.A. 97-387, eff. 8-15-11.) |
| |
| |
| |
| (325 ILCS 5/11) (from Ch. 23, par. 2061) |
| Sec. 11. All records concerning reports of child abuse and neglect or records concerning referrals under this Act and all records|
|generated as a result of such reports or referrals, shall be confidential and shall not be disclosed except as specifically |
|authorized by this Act or other applicable law. It is a Class A misdemeanor to permit, assist, or encourage the unauthorized release |
|of any information contained in such reports, referrals or records. |
| Nothing contained in this Section prevents the sharing or disclosure of records relating or pertaining to the death of a minor |
|under the care of or receiving services from the Department of Children and Family Services and under the jurisdiction of the |
|juvenile court with the juvenile court, the State's Attorney, and the minor's attorney. For purposes of this Section "child abuse and|
|neglect" includes abuse or neglect of an adult resident as defined in this Act. |
|(Source: P.A. 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1) |
| Sec. 11.1. Access to records. |
| (a) A person shall have access to the records described in Section 11 only in furtherance of purposes directly connected with the|
|administration of this Act or the Intergovernmental Missing Child Recovery Act of 1984. Those persons and purposes for access |
|include: |
| (1) Department staff in the furtherance of their |
| |
| |
|responsibilities under this Act, or for the purpose of completing background investigations on persons or agencies licensed by the |
|Department or with whom the Department contracts for the provision of child welfare services. |
| |
| |
| |
| (2) A law enforcement agency investigating known or |
| |
| |
|suspected child abuse or neglect, known or suspected involvement with child pornography, known or suspected criminal sexual assault, |
|known or suspected criminal sexual abuse, or any other sexual offense when a child is alleged to be involved. |
| |
| |
| |
| (3) The Department of State Police when administering |
| |
| |
|the provisions of the Intergovernmental Missing Child Recovery Act of 1984. |
| |
| |
| |
| (4) A physician who has before him a child whom he |
| |
| |
|reasonably suspects may be abused or neglected. |
| |
| |
| |
| (5) A person authorized under Section 5 of this Act |
| |
| |
|to place a child in temporary protective custody when such person requires the information in the report or record to determine |
|whether to place the child in temporary protective custody. |
| |
| |
| |
| (6) A person having the legal responsibility or |
| |
| |
|authorization to care for, treat, or supervise a child, or a parent, prospective adoptive parent, foster parent, guardian, or other |
|person responsible for the child's welfare, who is the subject of a report. |
| |
| |
| |
| (7) Except in regard to harmful or detrimental |
| |
| |
|information as provided in Section 7.19, any subject of the report, and if the subject of the report is a minor, his guardian or |
|guardian ad litem. |
| |
| |
| |
| (8) A court, upon its finding that access to such |
| |
| |
|records may be necessary for the determination of an issue before such court; however, such access shall be limited to in camera |
|inspection, unless the court determines that public disclosure of the information contained therein is necessary for the resolution |
|of an issue then pending before it. |
| |
| |
| |
| (8.1) A probation officer or other authorized |
| |
| |
|representative of a probation or court services department conducting an investigation ordered by a court under the Juvenile Court |
|Act of l987. |
| |
| |
| |
| (9) A grand jury, upon its determination that access |
| |
| |
|to such records is necessary in the conduct of its official business. |
| |
| |
| |
| (10) Any person authorized by the Director, in |
| |
| |
|writing, for audit or bona fide research purposes. |
| |
| |
| |
| (11) Law enforcement agencies, coroners or medical |
| |
| |
|examiners, physicians, courts, school superintendents and child welfare agencies in other states who are responsible for child abuse |
|or neglect investigations or background investigations. |
| |
| |
| |
| (12) The Department of Professional Regulation, the |
| |
| |
|State Board of Education and school superintendents in Illinois, who may use or disclose information from the records as they deem |
|necessary to conduct investigations or take disciplinary action, as provided by law. |
| |
| |
| |
| (13) A coroner or medical examiner who has reason to |
| |
| |
|believe that a child has died as the result of abuse or neglect. |
| |
| |
| |
| (14) The Director of a State-operated facility when |
| |
| |
|an employee of that facility is the perpetrator in an indicated report. |
| |
| |
| |
| (15) The operator of a licensed child care facility |
| |
| |
|or a facility licensed by the Department of Human Services (as successor to the Department of Alcoholism and Substance Abuse) in |
|which children reside when a current or prospective employee of that facility is the perpetrator in an indicated child abuse or |
|neglect report, pursuant to Section 4.3 of the Child Care Act of 1969. |
| |
| |
| |
| (16) Members of a multidisciplinary team in the |
| |
| |
|furtherance of its responsibilities under subsection (b) of Section 7.1. All reports concerning child abuse and neglect made |
|available to members of such multidisciplinary teams and all records generated as a result of such reports shall be confidential and |
|shall not be disclosed, except as specifically authorized by this Act or other applicable law. It is a Class A misdemeanor to permit,|
|assist or encourage the unauthorized release of any information contained in such reports or records. Nothing contained in this |
|Section prevents the sharing of reports or records relating or pertaining to the death of a minor under the care of or receiving |
|services from the Department of Children and Family Services and under the jurisdiction of the juvenile court with the juvenile |
|court, the State's Attorney, and the minor's attorney. |
| |
| |
| |
| (17) The Department of Human Services, as provided in |
| |
| |
|Section 17 of the Disabled Persons Rehabilitation Act. |
| |
| |
| |
| (18) Any other agency or investigative body, |
| |
| |
|including the Department of Public Health and a local board of health, authorized by State law to conduct an investigation into the |
|quality of care provided to children in hospitals and other State regulated care facilities. The access to and release of information|
|from such records shall be subject to the approval of the Director of the Department or his designee. |
| |
| |
| |
| (19) The person appointed, under Section 2-17 of the |
| |
| |
|Juvenile Court Act of 1987, as the guardian ad litem of a minor who is the subject of a report or records under this Act. |
| |
| |
| |
| (20) The Department of Human Services, as provided in |
| |
| |
|Section 10 of the Early Intervention Services System Act, and the operator of a facility providing early intervention services |
|pursuant to that Act, for the purpose of determining whether a current or prospective employee who provides or may provide direct |
|services under that Act is the perpetrator in an indicated report of child abuse or neglect filed under this Act. |
| |
| |
| |
| (b) Nothing contained in this Act prevents the sharing or disclosure of information or records relating or pertaining to |
|juveniles subject to the provisions of the Serious Habitual Offender Comprehensive Action Program when that information is used to |
|assist in the early identification and treatment of habitual juvenile offenders. |
| (c) To the extent that persons or agencies are given access to information pursuant to this Section, those persons or agencies |
|may give this information to and receive this information from each other in order to facilitate an investigation conducted by those |
|persons or agencies. |
|(Source: P.A. 93-147, eff. 1-1-04; 94-1010, eff. 10-1-06.) |
| |
| |
| |
| (325 ILCS 5/11.1a) |
| Sec. 11.1a. Disclosure of information. |
| (a) The Director or a person designated in writing by the Director for this purpose may disclose information regarding the abuse |
|or neglect of a child as set forth in this Section, the investigation thereof, and any services related thereto, if he or she |
|determines that such disclosure is not contrary to the best interests of the child, the child's siblings, or other children in the |
|household, and one of the following factors are present: |
| (1) The subject of the report has been criminally |
| |
| |
|charged with committing a crime related to the child abuse or neglect report; or |
| |
| |
| |
| (2) A law enforcement agency or official, a State's |
| |
| |
|Attorney, or a judge of the State court system has publicly disclosed in a report as part of his or her official duty, information |
|regarding the investigation of a report or the provision of services by the Department; or |
| |
| |
| |
| (3) An adult subject of the report has knowingly and |
| |
| |
|voluntarily made a public disclosure concerning a Child Abuse and Neglect Tracking System report; or |
| |
| |
| |
| (4) The child named in the report has been critically |
| |
| |
|injured or died. |
| |
| |
| |
| (b) Information may be disclosed pursuant to this Section as follows: |
| (1) The name of the alleged abused or neglected child. |
| (2) The current status of the investigation, |
| |
| |
|including whether a determination of credible evidence has been made. |
| |
| |
| |
| (3) Identification of child protective or other |
| |
| |
|services provided or actions taken regarding the child named in the report and his or her family as a result of this report. |
| |
| |
| |
| (4) Whether there have been past reports of child |
| |
| |
|abuse or neglect involving this child or family, or both. Any such reports shall be clearly identified as being "Indicated", |
|"Unfounded", or "Pending". |
| |
| |
| |
| (5) Whether the Department has a current or past open |
| |
| |
|service case with the family, and a history of what types of services have been, or are being, provided. |
| |
| |
| |
| (6) Any extraordinary or pertinent information |
| |
| |
|concerning the circumstances of the report, if the Director determines such disclosure is consistent with the public interest. |
| |
| |
| |
| (c) Any disclosure of information pursuant to this Section shall not identify the name of or provide identifying information |
|regarding the source of the report. |
| (d) In determining pursuant to subsection (a) of this Section, whether disclosure will be contrary to the best interests of the |
|child, the child's siblings, or other children in the household, the Director shall consider the interest in privacy of the child and|
|the child's family and the effects which disclosure may have on efforts to reunite and provide services to the family. |
| (e) Except as it applies directly to the cause of the abuse or neglect of the child, nothing in this Section shall be deemed to |
|authorize the release or disclosure of the substance or content of any psychological, psychiatric, therapeutic, clinical, or medical |
|reports, evaluations, or like materials pertaining to the child or the child's family. Prior to the release or disclosure of any |
|psychological, psychiatric, or therapeutic reports pursuant to this subsection, the Deputy Director of Clinical Services shall review|
|such materials and make recommendations regarding its release. Any disclosure of information pursuant to this Section shall not |
|identify the health care provider, health care facility or other maker of the report or source of any psychological, psychiatric, |
|therapeutic, clinical, or medical reports, evaluations, or like materials. |
| (f) Regarding child abuse or neglect reports which occur at a facility licensed by the Department of Children and Family |
|Services, only the following information may be disclosed or released: |
| (1) The name of the facility. |
| (2) The nature of the allegations of abuse or neglect. |
| (3) The number and ages of child victims involved, |
| |
| |
|and their relationship to the perpetrator. |
| |
| |
| |
| |
|(4) Actions the Department has taken to ensure the |
| |
| |
|safety of the children during and subsequent to the investigation. |
| |
| |
| |
| (5) The final finding status of the investigation. |
|(Source: P.A. 90-75, eff. 1-1-98.) |
| |
| |
| |
| (325 ILCS 5/11.2) (from Ch. 23, par. 2061.2) |
| Sec. 11.2. Disclosure to mandated reporting source. A mandated reporting source as provided in Section 4 of this Act may receive |
|appropriate information about the findings and actions taken by the Child Protective Service Unit in response to its report. The |
|information shall include the actions taken by the Child Protective Service Unit to ensure a child's safety. |
|(Source: P.A. 92-319, eff. 1-1-02.) |
| |
| |
| |
| (325 ILCS 5/11.2a) |
| Sec. 11.2a. Disclosure to extended family member. Upon request, an extended family member interviewed for relevant information in|
|the course of an investigation by the Child Protective Service Unit may receive appropriate information about the findings and |
|actions taken by the Child Protective Service Unit to ensure the safety of the child or children who were the subjects of the |
|investigation. |
|(Source: P.A. 92-319, eff. 1-1-02.) |
| |
| |
| |
| (325 ILCS 5/11.3) (from Ch. 23, par. 2061.3) |
| Sec. 11.3. A person given access to the names or other information identifying the subjects of the report, except the subject of |
|the report, shall not make public such identifying information unless he is a State's attorney or other law enforcement official and |
|the purpose is to initiate court action. Violation of this Section is a Class A misdemeanor. |
|(Source: P.A. 81-1077.) |
| |
| |
| |
| (325 ILCS 5/11.4) (from Ch. 23, par. 2061.4) |
| Sec. 11.4. Nothing in this Act affects existing policies or procedures concerning the status of court and criminal justice system|
|records. |
|(Source: P.A. 81-1077.) |
| |
| |
| |
| (325 ILCS 5/11.5) (from Ch. 23, par. 2061.5) |
| Sec. 11.5. Within the appropriation available, the Department shall conduct a continuing education and training program for State|
|and local staff, persons and officials required to report, the general public, and other persons engaged in or intending to engage in|
|the prevention, identification, and treatment of child abuse and neglect. The program shall be designed to encourage the fullest |
|degree of reporting of known and suspected child abuse and neglect, and to improve communication, cooperation, and coordination among|
|all agencies in the identification, prevention, and treatment of child abuse and neglect. The program shall inform the general public|
|and professionals of the nature and extent of child abuse and neglect and their responsibilities, obligations, powers and immunity |
|from liability under this Act. It may include information on the diagnosis of child abuse and neglect and the roles and procedures of|
|the Child Protective Service Unit, the Department and central register, the courts and of the protective, treatment, and ameliorative|
|services available to children and their families. Such information may also include special needs of mothers at risk of delivering a|
|child whose life or development may be threatened by a handicapping condition, to ensure informed consent to treatment of the |
|condition and understanding of the unique child care responsibilities required for such a child. The program may also encourage |
|parents and other persons having responsibility for the welfare of children to seek assistance on their own in meeting their child |
|care responsibilities and encourage the voluntary acceptance of available services when they are needed. It may also include |
|publicity and dissemination of information on the existence and number of the 24 hour, State-wide, toll-free telephone service to |
|assist persons seeking assistance and to receive reports of known and suspected abuse and neglect. |
| Within the appropriation available, the Department also shall conduct a continuing education and training program for State and |
|local staff involved in investigating reports of child abuse or neglect made under this Act. The program shall be designed to train |
|such staff in the necessary and appropriate procedures to be followed in investigating cases which it appears may result in civil or |
|criminal charges being filed against a person. Program subjects shall include but not be limited to the gathering of evidence with a |
|view toward presenting such evidence in court and the involvement of State or local law enforcement agencies in the investigation. |
|The program shall be conducted in cooperation with State or local law enforcement agencies, State's Attorneys and other components of|
|the criminal justice system as the Department deems appropriate. |
|(Source: P.A. 85-984.) |
| |
| |
| |
| (325 ILCS 5/11.6) (from Ch. 23, par. 2061.6) |
| Sec. 11.6. All final administrative decisions of the Department under this Act are subject to judicial review under the |
|Administrative Review Law, as now or hereafter amended, and the rules adopted pursuant thereto. The term "administrative decision" is|
|defined as in Section 3-101 of the Code of Civil Procedure. |
| Review of a final administrative decision under the Administrative Review Law is not applicable to a decision to conduct a family|
|assessment under subsection (a-5) of Section 7.4 because no determination concerning child abuse or neglect is made and nothing is |
|reported to the central register. |
|(Source: P.A. 96-760, eff. 1-1-10.) |
| |
| |
| |
| (325 ILCS 5/11.7) (from Ch. 23, par. 2061.7) |
| Sec. 11.7. (a) The Director shall appoint the chairperson and members of a "State-wide Citizen's Committee on Child Abuse and |
|Neglect" to consult with and advise the Director. The Committee shall be composed of individuals of distinction in human services, |
|neonatal medical care, needs and rights of the disabled, law and community life, broadly representative of social and economic |
|communities across the State, who shall be appointed to 3 year staggered terms. The chairperson and members of the Committee shall |
|serve without compensation, although their travel and per diem expenses shall be reimbursed in accordance with standard State |
|procedures. Under procedures adopted by the Committee, it may meet at any time, confer with any individuals, groups, and agencies; |
|and may issue reports or recommendations on any aspect of child abuse or neglect it deems appropriate. |
| (b) The Committee shall advise the Director on setting priorities for the administration of child abuse prevention, shelters and |
|service programs, as specified in Section 4a of "An Act creating the Department of Children and Family Services, codifying its powers|
|and duties, and repealing certain Acts and Sections herein named", approved June 4, 1963, as amended. |
| (c) The Committee shall advise the Director on policies and procedures with respect to the medical neglect of newborns and |
|infants. |
|(Source: P.A. 84-611.) |
| |
| |
| |
| (325 ILCS 5/11.8) |
| Sec. 11.8. Cross-reporting. |
| (a) Investigation Specialists, Intact Family Specialists, and Placement Specialists employed by the Department of Children and |
|Family Services who reasonably believe that an animal observed by them when in their professional or official capacity is being |
|abused or neglected in violation of the Humane Care for Animals Act must immediately make a written or oral report to the Department |
|of Agriculture's Bureau of Animal Health and Welfare. However, the Department of Children and Family Services may not discipline an |
|Investigation Specialist, an Intact Family Specialist, or a Placement Specialist for failing to make such a report if the Specialist |
|determines that making the report would interfere with the performance of his or her child welfare protection duties. |
| (b) A home rule unit may not regulate the reporting of child abuse or neglect in a manner inconsistent with the provisions of |
|this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the |
|concurrent exercise by home rule units of powers and functions exercised by the State. |
|(Source: P.A. 96-494, eff. 8-14-09.) |
| |
| |
| |
| |
APPENDIX G: Best Interest of the Child
|(750 ILCS 5/602) (from Ch. 40, par. 602) |
| Sec. 602. Best Interest of Child. |
| (a) The court shall determine custody in accordance with the best interest of the child. The court shall |
|consider all relevant factors including: |
| (1) the wishes of the child's parent or parents as to |
| |
|his custody; |
| |
| (2) the wishes of the child as to his custodian; |
| (3) the interaction and interrelationship of the |
| |
|child with his parent or parents, his siblings and any other person who may significantly affect the child's |
|best interest; |
| |
| (4) the child's adjustment to his home, school and |
| |
|community; |
| |
| (5) the mental and physical health of all individuals |
| |
|involved; |
| |
| (6) the physical violence or threat of physical |
| |
|violence by the child's potential custodian, whether directed against the child or directed against another |
|person; |
| |
| (7) the occurrence of ongoing or repeated abuse as |
| |
|defined in Section 103 of the Illinois Domestic Violence Act of 1986, whether directed against the child or |
|directed against another person; |
| |
| (8) the willingness and ability of each parent to |
| |
|facilitate and encourage a close and continuing relationship between the other parent and the child; |
| |
| (9) whether one of the parents is a sex offender; and |
| (10) the terms of a parent's military family-care |
| |
|plan that a parent must complete before deployment if a parent is a member of the United States Armed Forces |
|who is being deployed. |
| |
| In the case of a custody proceeding in which a stepparent has standing under Section 601, it is presumed to|
|be in the best interest of the minor child that the natural parent have the custody of the minor child unless |
|the presumption is rebutted by the stepparent. |
| (b) The court shall not consider conduct of a present or proposed custodian that does not affect his |
|relationship to the child. |
| (c) Unless the court finds the occurrence of ongoing abuse as defined in Section 103 of the Illinois |
|Domestic Violence Act of 1986, the court shall presume that the maximum involvement and cooperation of both |
|parents regarding the physical, mental, moral, and emotional well-being of their child is in the best interest |
|of the child. There shall be no presumption in favor of or against joint custody. |
|(Source: P.A. 95-331, eff. 8-21-07; 96-676, eff. 1-1-10.) |
APPENDIX H: FAMILIES (750 ILCS 5/) Illinois Marriage and Dissolution of Marriage Act.
| |
| |
| (750 ILCS 5/Pt. II heading) |
|PART II |
|MARRIAGE |
| (750 ILCS 5/201) (from Ch. 40, par. 201) |
| Sec. 201. Formalities.) A marriage between 2 persons licensed, solemnized and registered as provided in |
|this Act is valid in this State. |
|(Source: P.A. 98-597, eff. 6-1-14.) |
| (750 ILCS 5/202) (from Ch. 40, par. 202) |
| Sec. 202. Marriage License and Marriage Certificate.) |
| (a) The Director of Public Health shall prescribe the form for an application for a marriage license, which|
|shall include the following information: |
| (1) name, sex, occupation, address, social security |
| |
|number, date and place of birth of each party to the proposed marriage; |
| |
| (2) if either party was previously married, his name, |
| |
|and the date, place and court in which the marriage was dissolved or declared invalid or the date and place of |
|death of the former spouse; |
| |
| (3) name and address of the parents or guardian of |
| |
|each party; and |
| |
| (4) whether the parties are related to each other |
| |
|and, if so, their relationship. |
| |
| (b) The Director of Public Health shall prescribe the forms for the marriage license, the marriage |
|certificate and, when necessary, the consent to marriage. |
|(Source: P.A. 80-923.) |
| (750 ILCS 5/203) (from Ch. 40, par. 203) |
| Sec. 203. License to Marry. When a marriage application has been completed and signed by both parties to a |
|prospective marriage and both parties have appeared before the county clerk and the marriage license fee has |
|been paid, the county clerk shall issue a license to marry and a marriage certificate form upon being |
|furnished: |
| (1) satisfactory proof that each party to the |
| |
|marriage will have attained the age of 18 years at the time the marriage license is effective or will have |
|attained the age of 16 years and has either the consent to the marriage of both parents or his guardian or |
|judicial approval; provided, if one parent cannot be located in order to obtain such consent and diligent |
|efforts have been made to locate that parent by the consenting parent, then the consent of one parent plus a |
|signed affidavit by the consenting parent which (i) names the absent parent and states that he or she cannot be|
|located, and (ii) states what diligent efforts have been made to locate the absent parent, shall have the |
|effect of both parents' consent for purposes of this Section; |
| |
| (2) satisfactory proof that the marriage is not |
| |
|prohibited; and |
| |
| (3) an affidavit or record as prescribed in |
| |
|subparagraph (1) of Section 205 or a court order as prescribed in subparagraph (2) of Section 205, if |
|applicable. |
| |
| With each marriage license, the county clerk shall provide a pamphlet describing the causes and effects of |
|fetal alcohol syndrome. At least annually, the county board shall submit to the Illinois Department of Public |
|Health a report as to the county clerk's compliance with the requirement that the county clerk provide a |
|pamphlet with each marriage license. All funding and production costs for the aforementioned educational |
|pamphlets for distribution to each county clerk shall be provided by non-profit, non-sectarian statewide |
|programs that provide education, advocacy, support, and prevention services pertaining to Fetal Alcohol |
|Syndrome. |
|(Source: P.A. 96-1323, eff. 1-1-11.) |
| (750 ILCS 5/204) (from Ch. 40, par. 204) |
| Sec. 204. Medical information brochure. The county clerk shall distribute free of charge, to all persons |
|applying for a marriage license, a brochure prepared by the Department of Public Health concerning sexually |
|transmitted diseases and inherited metabolic diseases. |
|(Source: P.A. 86-884.) |
| (750 ILCS 5/205) (from Ch. 40, par. 205) |
| Sec. 205. Exceptions. |
| (1) Irrespective of the results of laboratory tests and clinical examination relative to sexually |
|transmitted diseases, the clerks of the respective counties shall issue a marriage license to parties to a |
|proposed marriage (a) when a woman is pregnant at the time of such application, or (b) when a woman has, prior |
|to the time of application, given birth to a child born out of wedlock which is living at the time of such |
|application and the man making such application makes affidavit that he is the father of such child born out of|
|wedlock. The county clerk shall, in lieu of the health certificate required hereunder, accept, as the case may |
|be, either an affidavit on a form prescribed by the State Department of Public Health, signed by a physician |
|duly licensed in this State, stating that the woman is pregnant, or a copy of the birth record of the child |
|born out of wedlock, if one is available in this State, or if such birth record is not available, an affidavit |
|signed by the woman that she is the mother of such child. |
| (2) Any judge of the circuit court within the county in which the license is to be issued is authorized and|
|empowered on joint application by both applicants for a marriage license to waive the requirements as to |
|medical examination, laboratory tests, and certificates, except the requirements of paragraph (4) of subsection|
|(a) of Section 212 of this Act which shall not be waived; and to authorize the county clerk to issue the |
|license if all other requirements of law have been complied with and the judge is satisfied, by affidavit, or |
|other proof, that the examination or tests are contrary to the tenets or practices of the religious creed of |
|which the applicant is an adherent, and that the public health and welfare will not be injuriously affected |
|thereby. |
|(Source: P.A. 94-229, eff. 1-1-06.) |
| (750 ILCS 5/206) (from Ch. 40, par. 206) |
| Sec. 206. Records.) Any health certificate filed with the county clerk, or any certificate, affidavit, or |
|record accepted in lieu thereof, shall be retained in the files of the office for one year after the license is|
|issued and shall thereafter be destroyed by the county clerk. |
|(Source: P.A. 82-561.) |
| (750 ILCS 5/207) (from Ch. 40, par. 207) |
| Sec. 207. Effective Date of License.) A license to marry becomes effective in the county where it was |
|issued one day after the date of issuance, unless the court orders that the license is effective when issued, |
|and expires 60 days after it becomes effective, provided that the marriage is not invalidated by the fact that |
|the marriage was inadvertently solemnized in a county in Illinois other than the county where the license was |
|issued. |
|(Source: P.A. 95-775, eff. 1-1-09.) |
| (750 ILCS 5/208) (from Ch. 40, par. 208) |
| Sec. 208. Judicial Approval of Underage Marriages.) (a) The court, after a reasonable effort has been made |
|to notify the parents or guardian of each underaged party, may order the county clerk to issue a marriage |
|license and a marriage certificate form to a party aged 16 or 17 years who has no parent capable of consenting |
|to his marriage or whose parent or guardian has not consented to his marriage. |
| (b) A marriage license and a marriage certificate form may be issued under this Section only if the court |
|finds that the underaged party is capable of assuming the responsibilities of marriage and the marriage will |
|serve his best interest. Pregnancy alone does not establish that the best interest of the party will be served.|
| |
|(Source: P.A. 80-923.) |
| (750 ILCS 5/209) (from Ch. 40, par. 209) |
| Sec. 209. Solemnization and Registration.) |
| (a) A marriage may be solemnized by a judge of a court of record, by a retired judge of a court of record, |
|unless the retired judge was removed from office by the Judicial Inquiry Board, except that a retired judge |
|shall not receive any compensation from the State, a county or any unit of local government in return for the |
|solemnization of a marriage and there shall be no effect upon any pension benefits conferred by the Judges |
|Retirement System of Illinois, by a judge of the Court of Claims, by a county clerk in counties having |
|2,000,000 or more inhabitants, by a public official whose powers include solemnization of marriages, or in |
|accordance with the prescriptions of any religious denomination, Indian Nation or Tribe or Native Group, |
|provided that when such prescriptions require an officiant, the officiant be in good standing with his or her |
|religious denomination, Indian Nation or Tribe or Native Group. Either the person solemnizing the marriage, or,|
|if no individual acting alone solemnized the marriage, both parties to the marriage, shall complete the |
|marriage certificate form and forward it to the county clerk within 10 days after such marriage is solemnized. |
| (a-5) Nothing in this Act shall be construed to require any religious denomination or Indian Nation or |
|Tribe or Native Group, or any minister, clergy, or officiant acting as a representative of a religious |
|denomination or Indian Nation or Tribe or Native Group, to solemnize any marriage. Instead, any religious |
|denomination or Indian Nation or Tribe or Native Group, or any minister, clergy, or officiant acting as a |
|representative of a religious denomination or Indian Nation or Tribe or Native Group is free to choose which |
|marriages it will solemnize. Notwithstanding any other law to the contrary, a refusal by a religious |
|denomination or Indian Nation or Tribe or Native Group, or any minister, clergy, or officiant acting as a |
|representative of a religious denomination or Indian Nation or Tribe or Native Group to solemnize any marriage |
|under this Act shall not create or be the basis for any civil, administrative, or criminal penalty, claim, or |
|cause of action. |
| (a-10) No church, mosque, synagogue, temple, nondenominational ministry, interdenominational or ecumenical |
|organization, mission organization, or other organization whose principal purpose is the study, practice, or |
|advancement of religion is required to provide religious facilities for the solemnization ceremony or |
|celebration associated with the solemnization ceremony of a marriage if the solemnization ceremony or |
|celebration associated with the solemnization ceremony is in violation of its religious beliefs. An entity |
|identified in this subsection (a-10) shall be immune from any civil, administrative, criminal penalty, claim, |
|or cause of action based on its refusal to provide religious facilities for the solemnization ceremony or |
|celebration associated with the solemnization ceremony of a marriage if the solemnization ceremony or |
|celebration associated with the solemnization ceremony is in violation of its religious beliefs. As used in |
|this subsection (a-10), "religious facilities" means sanctuaries, parish halls, fellowship halls, and similar |
|facilities. "Religious facilities" does not include facilities such as businesses, health care facilities, |
|educational facilities, or social service agencies. |
| (b) The solemnization of the marriage is not invalidated by the fact that the person solemnizing the |
|marriage was not legally qualified to solemnize it, if either party to the marriage believed him or her to be |
|so qualified or by the fact that the marriage was inadvertently solemnized in a county in Illinois other than |
|the county where the license was issued. |
|(Source: P.A. 98-597, eff. 6-1-14.) |
| (750 ILCS 5/210) (from Ch. 40, par. 210) |
| Sec. 210. Registration of Marriage Certificate.) Upon receipt of the marriage certificate, the county clerk|
|shall register the marriage. Within 45 days after the close of the month in which a marriage is registered, the|
|county clerk shall make to the Department of Public Health a return of such marriage. Such return shall be made|
|on a form furnished by the Department of Public Health and shall substantially consist of the following items: |
| (1) A copy of the marriage license application signed and attested to by the applicants, except that in any|
|county in which the information provided in a marriage license application is entered into a computer, the |
|county clerk may submit a computer copy of such information without the signatures and attestations of the |
|applicants. |
| (2) The date and place of marriage. |
| (3) The marriage license number. |
|(Source: P.A. 85-1307.) |
| (750 ILCS 5/211) (from Ch. 40, par. 211) |
| Sec. 211. Reporting.) In transmitting the required returns, the county clerk shall make a report to the |
|Department of Public Health stating the total number of marriage licenses issued during the month for which |
|returns are made, and the number of marriage certificates registered during the month. |
|(Source: P.A. 80-923.) |
| (750 ILCS 5/212) (from Ch. 40, par. 212) |
| Sec. 212. Prohibited Marriages. |
| (a) The following marriages are prohibited: |
| (1) a marriage entered into prior to the dissolution |
| |
|of an earlier marriage, civil union, or substantially similar legal relationship of one of the parties, unless |
|the parties to the marriage are the same as the parties to a civil union and are seeking to convert their civil|
|union to a marriage pursuant to Section 65 of the Illinois Religious Freedom Protection and Civil Union Act; |
| |
| (2) a marriage between an ancestor and a descendant |
| |
|or between siblings, whether the relationship is by the half or the whole blood or by adoption; |
| |
| (3) a marriage between an uncle and a niece, between |
| |
|an uncle and a nephew, between an aunt and a nephew, or between an aunt and a niece, whether the relationship |
|is by the half or the whole blood; |
| |
| (4) a marriage between cousins of the first degree; |
| |
|however, a marriage between first cousins is not prohibited if: |
| |
| (i) both parties are 50 years of age or older; or |
| (ii) either party, at the time of application for |
| |
|a marriage license, presents for filing with the county clerk of the county in which the marriage is to be |
|solemnized, a certificate signed by a licensed physician stating that the party to the proposed marriage is |
|permanently and irreversibly sterile; |
| |
| (5) (blank). |
| (b) Parties to a marriage prohibited under subsection (a) of this Section who cohabit after removal of the |
|impediment are lawfully married as of the date of the removal of the impediment. |
| (c) Children born or adopted of a prohibited or common law marriage are the lawful children of the parties.|
| |
|(Source: P.A. 98-597, eff. 6-1-14.) |
| (750 ILCS 5/213) (from Ch. 40, par. 213) |
| Sec. 213. Validity.) All marriages contracted within this State, prior to the effective date of this Act, |
|or outside this State, that were valid at the time of the contract or subsequently validated by the laws of the|
|place in which they were contracted or by the domicile of the parties, are valid in this State, except where |
|contrary to the public policy of this State. |
|(Source: P.A. 80-923.) |
| (750 ILCS 5/213.1) |
| Sec. 213.1. (Repealed). |
|(Source: P.A. 89-459, eff. 5-24-96. Repealed by P.A. 98-597, eff. 6-1-14.) |
| (750 ILCS 5/214) (from Ch. 40, par. 214) |
| Sec. 214. Invalidity of Common Law Marriages.) Common law marriages contracted in this State after June 30,|
|1905 are invalid. |
|(Source: P.A. 80-923.) |
| (750 ILCS 5/215) (from Ch. 40, par. 215) |
| Sec. 215. Penalty.) Unless otherwise provided by law, any person who violates any provision of Part II of |
|this Act is guilty of a Class B misdemeanor. |
|(Source: P.A. 80-923.) |
| (750 ILCS 5/216) (from Ch. 40, par. 216) |
| Sec. 216. Prohibited Marriages Void if Contracted in Another State.) That if any person residing and |
|intending to continue to reside in this state and who is disabled or prohibited from contracting marriage under|
|the laws of this state, shall go into another state or country and there contract a marriage prohibited and |
|declared void by the laws of this state, such marriage shall be null and void for all purposes in this state |
|with the same effect as though such prohibited marriage had been entered into in this state. |
|(Source: P.A. 80-923.) |
| (750 ILCS 5/217) (from Ch. 40, par. 217) |
| Sec. 217. Marriage by Non-residents - When Void.) No marriage shall be contracted in this state by a party |
|residing and intending to continue to reside in another state or jurisdiction if such marriage would be void if|
|contracted in such other state or jurisdiction and every marriage celebrated in this state in violation of this|
|provision shall be null and void. |
|(Source: P.A. 80-923.) |
| (750 ILCS 5/218) (from Ch. 40, par. 218) |
| Sec. 218. Duty of Officer Issuing License.) Before issuing a license to marry a person who resides and |
|intends to continue to reside in another state, the officer having authority to issue the license shall satisfy|
|himself by requiring affidavits or otherwise that such person is not prohibited from intermarrying by the laws |
|of the jurisdiction where he or she resides. |
|(Source: P.A. 80-923.) |
| (750 ILCS 5/219) (from Ch. 40, par. 219) |
| Sec. 219. Offenses.) Any official issuing a license with knowledge that the parties are thus prohibited |
|from intermarrying and any person authorized to celebrate marriage who shall knowingly celebrate such a |
|marriage shall be guilty of a petty offense. |
|(Source: P.A. 80-923.) |
FAMILIES (750 ILCS 45/) Illinois Parentage Act of 1984.
| (750 ILCS 45/1) (from Ch. 40, par. 2501) |
| Sec. 1. Short Title. This Act shall be known and may be cited as the "Illinois Parentage Act of 1984". |
|(Source: P.A. 83-1372.) |
| (750 ILCS 45/1.1) (from Ch. 40, par. 2501.1) |
| Sec. 1.1. Public Policy. Illinois recognizes the right of every child to the physical, mental, emotional |
|and monetary support of his or her parents under this Act. |
|(Source: P.A. 83-1372.) |
| (750 ILCS 45/2) (from Ch. 40, par. 2502) |
| Sec. 2. Parent and Child Relationship Defined. As used in this Act, "parent and child relationship" means |
|the legal relationship existing between a child and his natural or adoptive parents incident to which the law |
|confers or imposes rights, privileges, duties, and obligations. It includes the mother and child relationship |
|and the father and child relationship. |
|(Source: P.A. 83-1372.) |
| (750 ILCS 45/2.5) |
| Sec. 2.5. Definitions. As used in this Act, the terms "gestational surrogacy", "gestational surrogate", and|
|"intended parent" have the same meanings as the terms are defined in Section 10 of the Gestational Surrogacy |
|Act. |
|(Source: P.A. 93-921, eff. 1-1-05.) |
| (750 ILCS 45/3) (from Ch. 40, par. 2503) |
| Sec. 3. Relationship and Support Not Dependent on Marriage. The parent and child relationship, including |
|support obligations, extends equally to every child and to every parent, regardless of the marital status of |
|the parents. |
|(Source: P.A. 83-1372.) |
| (750 ILCS 45/3.1) (from Ch. 40, par. 2503.1) |
| Sec. 3.1. A child's mother or a person found to be the father of a child under this Act, is not relieved of|
|support and maintenance obligations to the child because he or she is a minor. |
|(Source: P.A. 87-537.) |
| (750 ILCS 45/4) (from Ch. 40, par. 2504) |
| Sec. 4. How Parent and Child Relationship Established. The parent and child relationship between a child |
|and |
| (1) the natural mother may be established by proof of her having given birth to the child, or under this |
|Act; |
| (2) the natural father may be established under this Act; |
| (3) an adoptive parent may be established by proof of adoption, or by records established pursuant to |
|Section 16 of the "Vital Records Act", approved August 8, 1961, as amended. |
|(Source: P.A. 83-1372.) |
| (750 ILCS 45/4.1) |
| Sec. 4.1. Administrative paternity determinations. Notwithstanding any other provision of this Act, the |
|Department of Healthcare and Family Services may make administrative determinations of paternity and |
|nonpaternity in accordance with Section 10-17.7 of the Illinois Public Aid Code. These determinations of |
|paternity or nonpaternity shall have the full force and effect of judgments entered under this Act. |
|(Source: P.A. 95-331, eff. 8-21-07.) |
| (750 ILCS 45/5) (from Ch. 40, par. 2505) |
| Sec. 5. Presumption of Paternity. |
| (a) A man is presumed to be the natural father of a child if: |
| (1) he and the child's natural mother are or have |
| |
|been married to each other, even though the marriage is or could be declared invalid, and the child is born or |
|conceived during such marriage; |
| |
| (2) after the child's birth, he and the child's |
| |
|natural mother have married each other, even though the marriage is or could be declared invalid, and he is |
|named, with his written consent, as the child's father on the child's birth certificate; |
| |
| (3) he and the child's natural mother have signed an |
| |
|acknowledgment of paternity in accordance with rules adopted by the Department of Healthcare and Family |
|Services under Section 10-17.7 of the Illinois Public Aid Code; or |
| |
| (4) he and the child's natural mother have signed an |
| |
|acknowledgment of parentage or, if the natural father is someone other than one presumed to be the father under|
|this Section, an acknowledgment of parentage and denial of paternity in accordance with Section 12 of the Vital|
|Records Act. |
| |
| (b) A presumption under subdivision (a)(1) or (a)(2) of this Section may be rebutted only by clear and |
|convincing evidence. A presumption under subdivision (a)(3) or (a)(4) is conclusive, unless the acknowledgment |
|of parentage is rescinded under the process provided in Section 12 of the Vital Records Act, upon the earlier |
|of: |
| (1) 60 days after the date the acknowledgment of |
| |
|parentage is signed, or |
| |
| (2) the date of an administrative or judicial |
| |
|proceeding relating to the child (including a proceeding to establish a support order) in which the signatory |
|is a party; |
| |
|except that if a minor has signed the acknowledgment of paternity or acknowledgment of parentage and denial of |
|paternity, the presumption becomes conclusive 6 months after the minor reaches majority or is otherwise |
|emancipated. |
|(Source: P.A. 95-331, eff. 8-21-07.) |
| (750 ILCS 45/6) (from Ch. 40, par. 2506) |
| Sec. 6. Establishment of Parent and Child Relationship by Consent of the Parties. |
| (a) A parent and child relationship may be established voluntarily by the signing and witnessing of a |
|voluntary acknowledgment of parentage in accordance with Section 12 of the Vital Records Act, Section 10-17.7 |
|of the Illinois Public Aid Code, or the provisions of the Gestational Surrogacy Act. The voluntary |
|acknowledgment of parentage shall contain the social security numbers of the persons signing the voluntary |
|acknowledgment of parentage; however, failure to include the social security numbers of the persons signing a |
|voluntary acknowledgment of parentage does not invalidate the voluntary acknowledgment of parentage. |
| (1) A parent-child relationship may be established in |
| |
|the event of gestational surrogacy if all of the following conditions are met prior to the birth of the child: |
| |
| (A) The gestational surrogate certifies that she |
| |
|is not the biological mother of the child, and that she is carrying the child for the intended parents. |
| |
| (B) The husband, if any, of the gestational |
| |
|surrogate certifies that he is not the biological father of the child. |
| |
| (C) The intended mother certifies that she |
| |
|provided or an egg donor donated the egg from which the child being carried by the gestational surrogate was |
|conceived. |
| |
| (D) The intended father certifies that he |
| |
|provided or a sperm donor donated the sperm from which the child being carried by the gestational surrogate was|
|conceived. |
| |
| (E) A physician licensed to practice medicine in |
| |
|all its branches in the State of Illinois certifies that the child being carried by the gestational surrogate |
|is the biological child of the intended mother or the intended father or both and that neither the gestational |
|surrogate nor the gestational surrogate's husband, if any, is a biological parent of the child being carried by|
|the gestational surrogate. |
| |
| (E-5) The attorneys for the intended parents and |
| |
|the gestational surrogate each certifies that the parties entered into a gestational surrogacy contract |
|intended to satisfy the requirements of Section 25 of the Gestational Surrogacy Act with respect to the child. |
| |
| (F) All certifications shall be in writing and |
| |
|witnessed by 2 competent adults who are not the gestational surrogate, gestational surrogate's husband, if any,|
|intended mother, or intended father. Certifications shall be on forms prescribed by the Illinois Department of |
|Public Health, shall be executed prior to the birth of the child, and shall be placed in the medical records of|
|the gestational surrogate prior to the birth of the child. Copies of all certifications shall be delivered to |
|the Illinois Department of Public Health prior to the birth of the child. |
| |
| (2) Unless otherwise determined by order of the |
| |
|Circuit Court, the child shall be presumed to be the child of the gestational surrogate and of the gestational |
|surrogate's husband, if any, if all requirements of subdivision (a)(1) are not met prior to the birth of the |
|child. This presumption may be rebutted by clear and convincing evidence. The circuit court may order the |
|gestational surrogate, gestational surrogate's husband, intended mother, intended father, and child to submit |
|to such medical examinations and testing as the court deems appropriate. |
| |
| (b) Notwithstanding any other provisions of this Act, paternity established in accordance with subsection |
|(a) has the full force and effect of a judgment entered under this Act and serves as a basis for seeking a |
|child support order without any further proceedings to establish paternity. |
| (c) A judicial or administrative proceeding to ratify paternity established in accordance with subsection |
|(a) is neither required nor permitted. |
| (d) A signed acknowledgment of paternity entered under this Act may be challenged in court only on the |
|basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenging party. |
|Pending outcome of the challenge to the acknowledgment of paternity, the legal responsibilities of the |
|signatories shall remain in full force and effect, except upon order of the court upon a showing of good cause.|
| |
| (e) Once a parent and child relationship is established in accordance with subsection (a), an order for |
|support may be established pursuant to a petition to establish an order for support by consent filed with the |
|clerk of the circuit court. A copy of the properly completed acknowledgment of parentage form shall be attached|
|to the petition. The petition shall ask that the circuit court enter an order for support. The petition may ask|
|that an order for visitation, custody, or guardianship be entered. The filing and appearance fees provided |
|under the Clerks of Courts Act shall be waived for all cases in which an acknowledgment of parentage form has |
|been properly completed by the parties and in which a petition to establish an order for support by consent has|
|been filed with the clerk of the circuit court. This subsection shall not be construed to prohibit filing any |
|petition for child support, visitation, or custody under this Act, the Illinois Marriage and Dissolution of |
|Marriage Act, or the Non-Support Punishment Act. This subsection shall also not be construed to prevent the |
|establishment of an administrative support order in cases involving persons receiving child support enforcement|
|services under Article X of the Illinois Public Aid Code. |
|(Source: P.A. 92-16, eff. 6-28-01; 93-921, eff. 1-1-05; 93-1095, eff. 3-29-05.) |
| (750 ILCS 45/6.5) |
| Sec. 6.5. Custody or visitation prohibited to men who father through sexual assault or sexual abuse. |
| (a) This Section applies to a person who has been found to be the father of a child under this Act and who:|
| (1) has been convicted of or who has pled guilty or |
| |
|nolo contendere to a violation of Section 11-1.20 (criminal sexual assault), Section 11-1.30 (aggravated |
|criminal sexual assault), Section 11-1.40 (predatory criminal sexual assault of a child), Section 11-1.50 |
|(criminal sexual abuse), Section 11-1.60 (aggravated criminal sexual abuse), Section 11-11 (sexual relations |
|within families), Section 12-13 (criminal sexual assault), Section 12-14 (aggravated criminal sexual assault), |
|Section 12-14.1 (predatory criminal sexual assault of a child), Section 12-15 (criminal sexual abuse), or |
|Section 12-16 (aggravated criminal sexual abuse) of the Criminal Code of 1961 or the Criminal Code of 2012, or |
|a similar statute in another jurisdiction, for his conduct in fathering that child; or |
| |
| (2) at a fact-finding hearing, is found by clear and |
| |
|convincing evidence to have committed an act of non-consensual sexual penetration for his conduct in fathering |
|that child. |
| |
| (b) A person described in subsection (a) shall not be entitled to custody of or visitation with that child |
|without the consent of the child's mother or guardian. If the person described in subsection (a) is also the |
|guardian of the child, he does not have the authority to consent to visitation or custody under this Section. |
|If the mother of the child is a minor, and the person described in subsection (a) is also the father or |
|guardian of the mother, then he does not have the authority to consent to custody or visits. |
| (c) Notwithstanding any other provision of this Act, nothing in this Section shall be construed to relieve |
|the father described in subsection (a) of any support and maintenance obligations to the child under this Act. |
|The child's mother or guardian may decline support and maintenance obligations from the father. |
| (d) Notwithstanding any other provision of law, the father described in subsection (a) of this Section is |
|not entitled to any inheritance or other rights from the child without the consent of the child's mother or |
|guardian. |
| (e) Notwithstanding any provision of the Illinois Marriage and Dissolution of Marriage Act, the parent, |
|grandparent, great-grandparent, or sibling of the person described in subsection (a) of this Section does not |
|have standing to bring an action requesting custody or visitation with the child without the consent of the |
|child's mother or guardian. |
| (f) A petition under this Section may be filed by the child's mother or guardian either as an affirmative |
|petition in circuit court or as an affirmative defense in any proceeding filed by the person described in |
|subsection (a) of this Section regarding the child. |
|(Source: P.A. 97-568, eff. 8-25-11; 97-1150, eff. 1-25-13; 98-476, eff. 1-1-14.) |
| (750 ILCS 45/7) (from Ch. 40, par. 2507) |
| Sec. 7. Determination of Father and Child Relationship; Who May Bring Action; Parties. |
| (a) An action to determine the existence of the father and child relationship, whether or not such a |
|relationship is already presumed under Section 5 of this Act, may be brought by the child; the mother; a |
|pregnant woman; any person or public agency who has custody of, or is providing or has provided financial |
|support to, the child; the Department of Healthcare and Family Services if it is providing or has provided |
|financial support to the child or if it is assisting with child support collection services; or a man presumed |
|or alleging himself to be the father of the child or expected child. The complaint shall be verified and shall |
|name the person or persons alleged to be the father of the child. |
| (b) An action to declare the non-existence of the parent and child relationship may be brought by the |
|child, the natural mother, or a man presumed to be the father under subdivision (a)(1) or (a)(2) of Section 5 |
|of this Act. Actions brought by the child, the natural mother or a presumed father shall be brought by verified|
|complaint. |
| After the presumption that a man presumed to be the father under subdivision (a)(1) or (a)(2) of Section 5 |
|has been rebutted, paternity of the child by another man may be determined in the same action, if he has been |
|made a party. |
| (b-5) An action to declare the non-existence of the parent and child relationship may be brought subsequent|
|to an adjudication of paternity in any judgment by the man adjudicated to be the father pursuant to the |
|presumptions in Section 5 of this Act if, as a result of deoxyribonucleic acid (DNA) tests, it is discovered |
|that the man adjudicated to be the father is not the natural father of the child. Actions brought by the |
|adjudicated father shall be brought by verified complaint. If, as a result of the deoxyribonucleic acid (DNA) |
|tests, the plaintiff is determined not to be the father of the child, the adjudication of paternity and any |
|orders regarding custody, visitation, and future payments of support may be vacated. |
| (c) If any party is a minor, he or she may be represented by his or her general guardian or a guardian ad |
|litem appointed by the court, which may include an appropriate agency. The court may align the parties. |
| (d) Regardless of its terms, an agreement, other than a settlement approved by the court, between an |
|alleged or presumed father and the mother or child, does not bar an action under this Section. |
| (e) If an action under this Section is brought before the birth of the child, all proceedings shall be |
|stayed until after the birth, except for service or process, the taking of depositions to perpetuate testimony,|
|and the ordering of blood tests under appropriate circumstances. |
|(Source: P.A. 95-331, eff. 8-21-07.) |
| (750 ILCS 45/8) (from Ch. 40, par. 2508) |
| Sec. 8. Statute of limitations. |
| (a) (1) An action brought by or on behalf of a child, an |
| |
|action brought by a party alleging that he or she is the child's natural parent, or an action brought by the |
|Department of Healthcare and Family Services (formerly Illinois Department of Public Aid), if it is providing |
|or has provided financial support to the child or if it is assisting with child support collection services, |
|shall be barred if brought later than 2 years after the child reaches the age of majority; however, if the |
|action on behalf of the child is brought by a public agency, other than the Department of Healthcare and Family|
|Services (formerly Illinois Department of Public Aid) if it is providing or has provided financial support to |
|the child or if it is assisting with child support collection services, it shall be barred 2 years after the |
|agency has ceased to provide assistance to the child. |
| |
| (2) Failure to bring an action within 2 years shall |
| |
|not bar any party from asserting a defense in any action to declare the non-existence of the parent and child |
|relationship. |
| |
| (3) An action to declare the non-existence of the |
| |
|parent and child relationship brought under subsection (b) of Section 7 of this Act shall be barred if brought |
|later than 2 years after the petitioner obtains knowledge of relevant facts. The 2-year period for bringing an |
|action to declare the nonexistence of the parent and child relationship shall not extend beyond the date on |
|which the child reaches the age of 18 years. Failure to bring an action within 2 years shall not bar any party |
|from asserting a defense in any action to declare the existence of the parent and child relationship. |
| |
| (4) An action to declare the non-existence of the |
| |
|parent and child relationship brought under subsection (b-5) of Section 7 of this Act shall be barred if |
|brought more than 6 months after the effective date of this amendatory Act of 1998 or more than 2 years after |
|the petitioner obtains actual knowledge of relevant facts, whichever is later. The 2-year period shall not |
|apply to periods of time where the natural mother or the child refuses to submit to deoxyribonucleic acid (DNA)|
|tests. The 2-year period for bringing an action to declare the nonexistence of the parent and child |
|relationship shall not extend beyond the date on which the child reaches the age of 18 years. Failure to bring |
|an action within 2 years shall not bar any party from asserting a defense in any action to declare the |
|existence of the parent and child relationship. |
| |
| (b) The time during which any party is not subject to service of process or is otherwise not subject to the|
|jurisdiction of the courts of this State shall toll the aforementioned periods. |
| (c) This Act does not affect the time within which any rights under the Probate Act of 1975 may be asserted|
|beyond the time provided by law relating to distribution and closing of decedent's estates or to the |
|determination of heirship, or otherwise. |
|(Source: P.A. 95-331, eff. 8-21-07.) |
| (750 ILCS 45/9) (from Ch. 40, par. 2509) |
| Sec. 9. Jurisdiction; Venue. (a) The circuit courts shall have jurisdiction of an action brought under this|
|Act. In any civil action not brought under this Act, the provisions of this Act shall apply if parentage is at |
|issue. The Court may join any action under this Act with any other civil action where applicable. |
| (b) The action may be brought in the county in which any party resides or is found or, if the father is |
|deceased, in which proceedings for probate of his estate have been or could be commenced. |
| (c) The summons that is served on a defendant shall include the return date on or by which the defendant |
|must appear and shall contain the following information, in a prominent place and in conspicuous language, in |
|addition to the information required to be provided by the laws of this State: "If you do not appear as |
|instructed in this summons, you may be required to support the child named in this petition until the child is |
|at least 18 years old. You may also have to pay the pregnancy and delivery costs of the mother." |
|(Source: P.A. 84-848.) |
| (750 ILCS 45/9.1) (from Ch. 40, par. 2509.1) |
| Sec. 9.1. Notice to Presumed Father. |
| (a) In any action brought under Section 6 or 7 of this Act where the man signing the petition for an order |
|establishing the existence of the parent and child relationship by consent or the man alleged to be the father |
|in a complaint is different from a man who is presumed to be father of the child under Section 5, a notice |
|shall be served on the presumed father in the same manner as summonses are served in other civil proceedings |
|or, in lieu of personal service, service may be made as follows: |
| (1) The person requesting notice shall pay to the |
| |
|Clerk of the Court a mailing fee of $1.50 and furnish to the Clerk an original and one copy of a notice |
|together with an affidavit setting forth the presumed father's last known address. The original notice shall be|
|retained by the Clerk. |
| |
| (2) The Clerk shall promptly mail to the presumed |
| |
|father, at the address appearing in the affidavit, the copy of the notice, certified mail, return receipt |
|requested. The envelope and return receipt shall bear the return address of the Clerk. The receipt for |
|certified mail shall state the name and address of the addressee, and the date of mailing, and shall be |
|attached to the original notice. |
| |
| (3) The return receipt, when returned to the Clerk, |
| |
|shall be attached to the original notice, and shall constitute proof of service. |
| |
| (4) The Clerk shall note the fact of service in a |
| |
|permanent record. |
| |
| (b) The notice shall read as follows: |
| IN THE MATTER OF NOTICE TO .......... PRESUMED FATHER. |
| You have been identified as the presumed father of ......... born on ......... |
| The mother of the child is ......... |
| An action is being brought to establish the parent and child relationship between the named child and a man|
|named by the mother, ......... |
| Under the law, you are presumed to be the father if (1) you and the child's mother are or have been married|
|to each other, and the child was born or conceived during the marriage; or if (2) upon the child's birth, you |
|and the child's mother married each other and you were named, with your consent, as the child's father on the |
|child's birth certificate. |
| As the presumed father, you have certain legal rights with respect to the named child, including the right |
|to notice of the filing of proceedings instituted for the establishment of parentage of said child and if named|
|as the father in a petition to establish parentage, the right to submit, along with the mother and child, to |
|deoxyribonucleic acid (DNA) tests to determine inherited characteristics. If you wish to retain your rights |
|with respect to said child, you must file with the Clerk of this Circuit Court of ......... County, Illinois |
|whose address is ........, Illinois, within 30 days after the date of receipt of this notice, a declaration of |
|parentage stating that you are, in fact, the father of said child and that you intend to retain your legal |
|rights with respect to said child, or request to be notified of any further proceedings with respect to the |
|parentage of said child. |
| If you do not file such declaration of parentage, or a request for notice, then whatever legal rights you |
|have with respect to the named child, including the right to notice of any future proceedings for the |
|establishment of parentage of the child, may be terminated without any further notice to you. When your legal |
|rights with respect to the named child are so terminated, you will not be entitled to notice of any future |
|proceedings. |
| (c) The notice to presumed fathers provided for in this Section in any action brought by a public agency |
|shall be prepared and mailed by such public agency and the mailing fee to the Clerk shall be waived. |
|(Source: P.A. 90-23, eff. 1-1-98.) |
| (750 ILCS 45/10) (from Ch. 40, par. 2510) |
| Sec. 10. Pre-trial Proceedings. (a) As soon as practicable after an action to declare the existence or |
|non-existence of the father and child relationship has been brought, and the parties are at issue, the court |
|may conduct a pre-trial conference. |
|(Source: P.A. 83-1372.) |
| (750 ILCS 45/11) (from Ch. 40, par. 2511) |
| Sec. 11. Tests to determine inherited characteristics. |
| (a) In any action brought under Section 7 to determine the existence of the father and child relationship |
|or to declare the non-existence of the parent and child relationship, the court or Administrative Hearing |
|Officer in an Expedited Child Support System shall, prior to the entry of a judgment in the case, advise the |
|respondent who appears of the right to request an order that the parties and the child submit to |
|deoxyribonucleic acid (DNA) tests to determine inherited characteristics. The advisement shall be noted in the |
|record. As soon as practicable, the court or Administrative Hearing Officer in an Expedited Child Support |
|System may, and upon request of a party shall, order or direct the mother, child and alleged father to submit |
|to deoxyribonucleic acid (DNA) tests to determine inherited characteristics. If any party refuses to submit to |
|the tests, the court may resolve the question of paternity against that party or enforce its order if the |
|rights of others and the interests of justice so require. |
| (b) The tests shall be conducted by an expert qualified as an examiner of blood or tissue types and |
|appointed by the court. The expert shall determine the testing procedures. However, any interested party, for |
|good cause shown, in advance of the scheduled tests, may request a hearing to object to the qualifications of |
|the expert or the testing procedures. The expert appointed by the court shall testify at the pre-test hearing |
|at the expense of the party requesting the hearing, except as provided in subsection (h) of this Section for an|
|indigent party. An expert not appointed by the court shall testify at the pre-test hearing at the expense of |
|the party retaining the expert. Inquiry into an expert's qualifications at the pre-test hearing shall not |
|affect either parties' right to have the expert qualified at trial. |
| (b-1) Genetic testing must be of a type reasonably relied upon by experts in the field of genetic testing |
|and performed in a testing laboratory accredited by the American Association of Blood Banks, or a successor to |
|its functions. |
| (b-2) A specimen used in genetic testing may consist of one or more samples, or a combination of samples, |
|of blood, buccal cells, bone, hair, or other body tissue or fluid. |
| (b-3) The testing laboratory shall determine the databases from which to select frequencies for use in |
|calculation of the probability of paternity based on the ethnic or racial group of an individual. If there is |
|disagreement as to the testing laboratory's choice, the following procedures apply: |
| (1) The individual objecting may require the testing |
| |
|laboratory, within 30 days after receipt of the report of the test, to recalculate the probability of paternity|
|using an ethnic or racial group different from that used by the laboratory. |
| |
| (2) The individual objecting to the testing |
| |
|laboratory's initial choice shall: |
| |
| (A) if the frequencies are not available to the |
| |
|testing laboratory for the ethnic or racial group requested, provide the requested frequencies compiled in a |
|manner recognized by accrediting bodies; or |
| |
| (B) engage another testing laboratory to perform |
| |
|the calculations. |
| |
| (b-4) If, after recalculation using a different ethnic or racial group, genetic testing does not rebuttably|
|identify a man as the father of a child, an individual who has been tested may be required to submit to |
|additional genetic testing. |
| (c) The expert shall prepare a written report of the test results. If the test results show that the |
|alleged father is not excluded, the report shall contain statistics based upon the statistical formula of |
|Combined Paternity Index (CPI) and the Probability of Paternity as determined by the probability of exclusion |
|(Random Man Not Excluded = RMNE). The expert may be called by the court as a witness to testify to his or her |
|findings and, if called, shall be subject to cross-examination by the parties. If the test results show that |
|the alleged father is not excluded, any party may demand that other experts, qualified as examiners of blood or|
|tissue types, perform independent tests under order of court, including, but not limited to, blood types or |
|other tests of genetic markers. The results of the tests may be offered into evidence. The number and |
|qualifications of the experts shall be determined by the court. |
| (d) Documentation of the chain of custody of the blood or tissue samples, accompanied by an affidavit or |
|certification in accordance with Section 1-109 of the Code of Civil Procedure, is competent evidence to |
|establish the chain of custody. |
| (e) The report of the test results prepared by the appointed expert shall be made by affidavit or by |
|certification as provided in Section 1-109 of the Code of Civil Procedure and shall be mailed to all parties. A|
|proof of service shall be filed with the court. The verified report shall be admitted into evidence at trial |
|without foundation testimony or other proof of authenticity or accuracy, unless a written motion challenging |
|the admissibility of the report is filed by either party within 28 days of receipt of the report, in which case|
|expert testimony shall be required. A party may not file such a motion challenging the admissibility of the |
|report later than 28 days before commencement of trial. Before trial, the court shall determine whether the |
|motion is sufficient to deny admission of the report by verification. Failure to make that timely motion |
|constitutes a waiver of the right to object to admission by verification and shall not be grounds for a |
|continuance of the hearing to determine paternity. |
| (f) Tests taken pursuant to this Section shall have the following effect: |
| (1) If the court finds that the conclusion of the |
| |
|expert or experts, as disclosed by the evidence based upon the tests, is that the alleged father is not the |
|parent of the child, the question of paternity shall be resolved accordingly. |
| |
| (2) If the experts disagree in their findings or |
| |
|conclusions, the question shall be weighed with other competent evidence of paternity. |
| |
| (3) If the tests show that the alleged father is not |
| |
|excluded and that the combined paternity index is at least 1,000 to 1, and there is at least a 99.9 percent |
|probability of paternity, the alleged father is presumed to be the father, and this evidence shall be admitted.|
| |
| (4) A man identified under paragraph (3) of |
| |
|subsection (f) as the father of the child may rebut the genetic testing results by other genetic testing |
|satisfying the requirements of this Act which: |
| |
| (A) excludes the man as a genetic father of the |
| |
|child; or |
| |
| (B) identifies another man as the possible father |
| |
|of the child. |
| |
| (5) Except as otherwise provided in this Act, if more |
| |
|than one man is identified by genetic testing as the possible father of the child, the court shall order them |
|to submit to further genetic testing to identify the genetic father. |
| |
| (g) (Blank). |
| (h) The expense of the tests shall be paid by the party who requests the tests, except that the court may |
|apportion the costs between the parties, upon request. Where the tests are requested by the party seeking to |
|establish paternity and that party is found to be indigent by the court, the expense shall be paid by the |
|public agency providing representation; except that where a public agency is not providing representation, the |
|expense shall be paid by the county in which the action is brought. Where the tests are ordered by the court on|
|its own motion or are requested by the alleged or presumed father and that father is found to be indigent by |
|the court, the expense shall be paid by the county in which the action is brought. Any part of the expense may |
|be taxed as costs in the action, except that no costs may be taxed against a public agency that has not |
|requested the tests. |
| (i) The compensation of each expert witness appointed by the court shall be paid as provided in subsection |
|(h) of this Section. Any part of the payment may be taxed as costs in the action, except that no costs may be |
|taxed against a public agency that has not requested the services of the expert witness. |
| (j) Nothing in this Section shall prevent any party from obtaining tests of his or her own blood or tissue |
|independent of those ordered by the court or from presenting expert testimony interpreting those tests or any |
|other blood tests ordered pursuant to this Section. Reports of all the independent tests, accompanied by |
|affidavit or certification pursuant to Section 1-109 of the Code of Civil Procedure, and notice of any expert |
|witnesses to be called to testify to the results of those tests shall be submitted to all parties at least 30 |
|days before any hearing set to determine the issue of parentage. |
|(Source: P.A. 96-333, eff. 8-11-09; 96-474, eff. 8-14-09; 96-1074, eff. 1-1-11.) |
| (750 ILCS 45/12) (from Ch. 40, par. 2512) |
| Sec. 12. Pre-Trial Recommendations. (a) On the basis of the information produced at a pretrial conference, |
|the court shall evaluate the probability of determining the existence or non-existence of the father and child |
|relationship in a trial and whether a judicial declaration of the relationship would be in the best interest of|
|the child. On the basis of the evaluation, an appropriate recommendation for settlement shall be made to the |
|parties, which may include that the alleged father consent to a finding of his paternity of the child, or that |
|the action be dismissed with or without prejudice. |
| (b) If the parties accept a recommendation made in accordance with subsection (a) of this Section, judgment|
|shall be entered accordingly. |
|(Source: P.A. 83-1372.) |
| (750 ILCS 45/12.1) (from Ch. 40, par. 2512.1) |
| Sec. 12.1. Settlement Orders. In cases where the alleged father has not consented to a finding of paternity|
|and where the parties have requested a settlement, the court shall review the proposed settlement in light of |
|the allegations made, the probable evidence and the circumstances of the parties. If the court is satisfied |
|that the best interests of the child and of the parties will be served by entry of an order incorporating the |
|settlement, and if the court is satisfied that the financial security of the child is adequately provided for |
|and that the child and its mother are not likely to become public charges, it may enter an order so |
|incorporating the settlement. The order may be directed to the defendant, or the mother, or both. |
|Notwithstanding subsection (d) of Section 7 of this Act, neither the entry of a settlement order, nor the terms|
|of a settlement order shall bar an action brought under this Act by a child to ascertain paternity. |
|(Source: P.A. 83-1372.) |
| (750 ILCS 45/13) (from Ch. 40, par. 2513) |
| Sec. 13. Civil Action. |
| (a) An action under this Act is a civil action governed by the provisions of the "Code of Civil Procedure",|
|approved August 19, 1981, as amended, and the Supreme Court rules applicable thereto, except where otherwise |
|specified in this Act. |
| (b) Trial by jury is not available under this Act. |
| (c) Certified copies of the bills for costs incurred for pregnancy and childbirth shall be admitted into |
|evidence at judicial or administrative proceedings without foundation testimony or other proof of authenticity |
|or accuracy. |
|(Source: P.A. 90-18, eff. 7-1-97.) |
| (750 ILCS 45/13.1) |
| Sec. 13.1. Temporary order for child support. Notwithstanding any other law to the contrary, pending the |
|outcome of a judicial determination of parentage, the court shall issue a temporary order for child support, |
|upon motion by a party and a showing of clear and convincing evidence of paternity. In determining the amount |
|of the temporary child support award, the court shall use the guidelines and standards set forth in subsection |
|(a) of Section 505 and in Section 505.2 of the Illinois Marriage and Dissolution of Marriage Act. |
| Any new or existing support order entered by the court under this Section shall be deemed to be a series of|
|judgments against the person obligated to pay support thereunder, each such judgment to be in the amount of |
|each payment or installment of support and each judgment to be deemed entered as of the date the corresponding |
|payment or installment becomes due under the terms of the support order. Each such judgment shall have the full|
|force, effect, and attributes of any other judgment of this State, including the ability to be enforced. Any |
|such judgment is subject to modification or termination only in accordance with Section 510 of the Illinois |
|Marriage and Dissolution of Marriage Act. Notwithstanding any other State or local law to the contrary, a lien |
|arises by operation of law against the real and personal property of the noncustodial parent for each |
|installment of overdue support owed by the noncustodial parent. |
| All orders for support, when entered or modified, shall include a provision requiring the non-custodial |
|parent to notify the court, and in cases in which a party is receiving child support enforcement services under|
|Article X of the Illinois Public Aid Code, the Department of Healthcare and Family Services, within 7 days, (i)|
|of the name, address, and telephone number of any new employer of the non-custodial parent, (ii) whether the |
|non-custodial parent has access to health insurance coverage through the employer or other group coverage, and,|
|if so, the policy name and number and the names of persons covered under the policy, and (iii) of any new |
|residential or mailing address or telephone number of the non-custodial parent. |
| In any subsequent action to enforce a support order, upon sufficient showing that diligent effort has been |
|made to ascertain the location of the non-custodial parent, service of process or provision of notice necessary|
|in that action may be made at the last known address of the non-custodial parent, in any manner expressly |
|provided by the Code of Civil Procedure or in this Act, which service shall be sufficient for purposes of due |
|process. |
| An order for support shall include a date on which the current support obligation terminates. The |
|termination date shall be no earlier than the date on which the child covered by the order will attain the age |
|of majority or is otherwise emancipated. The order for support shall state that the termination date does not |
|apply to any arrearage that may remain unpaid on that date. Nothing in this paragraph shall be construed to |
|prevent the court from modifying the order. |
| If there is an unpaid arrearage or delinquency (as those terms are defined in the Income Withholding for |
|Support Act) equal to at least one month's support obligation on the termination date stated in the order for |
|support or, if there is no termination date stated in the order, on the date the child attains the age of |
|majority or is otherwise emancipated, then the periodic amount required to be paid for current support of that |
|child immediately prior to that date shall automatically continue to be an obligation, not as current support |
|but as periodic payment toward satisfaction of the unpaid arrearage or delinquency. That periodic payment shall|
|be in addition to any periodic payment previously required for satisfaction of the arrearage or delinquency. |
|The total periodic amount to be paid toward satisfaction of the arrearage or delinquency may be enforced and |
|collected by any method provided by law for the enforcement and collection of child support, including but not |
|limited to income withholding under the Income Withholding for Support Act. Each order for support entered or |
|modified on or after the effective date of this amendatory Act of the 93rd General Assembly must contain a |
|statement notifying the parties of the requirements of this paragraph. Failure to include the statement in the |
|order for support does not affect the validity of the order or the operation of the provisions of this |
|paragraph with regard to the order. This paragraph shall not be construed to prevent or affect the |
|establishment or modification of an order for the support of a minor child or the establishment or modification|
|of an order for the support of a non-minor child or educational expenses under Section 513 of the Illinois |
|Marriage and Dissolution of Marriage Act. |
|(Source: P.A. 97-186, eff. 7-22-11.) |
| (750 ILCS 45/13.5) |
| Sec. 13.5. Injunctive relief. |
| (a) In any action brought under this Act for the initial determination of custody or visitation of a child |
|or for modification of a prior custody or visitation order, the court, upon application of any party, may |
|enjoin a party having physical possession or custody of a child from temporarily or permanently removing the |
|child from Illinois pending the adjudication of the issues of custody and visitation. When deciding whether to |
|enjoin removal of a child, the Court shall consider the following factors including, but not limited to: |
| (1) the extent of previous involvement with the child |
| |
|by the party seeking to enjoin removal; |
| |
| (2) the likelihood that parentage will be |
| |
|established; and |
| |
| (3) the impact on the financial, physical, and |
| |
|emotional health of the party being enjoined from removing the child. |
| |
| (b) Injunctive relief under this Act shall be governed by the relevant provisions of the Code of Civil |
|Procedure. |
| (c) Notwithstanding the provisions of subsection (a), the court may decline to enjoin a domestic violence |
|victim having physical possession or custody of a child from temporarily or permanently removing the child from|
|Illinois pending the adjudication of the issues of custody and visitation. In determining whether a person is a|
|domestic violence victim, the court shall consider the following factors: |
| (1) a sworn statement by the person that the person |
| |
|has good reason to believe that he or she is the victim of domestic violence or stalking; |
| |
| (2) a sworn statement that the person fears for his |
| |
|or her safety or the safety of his or her children; |
| |
| (3) evidence from police, court or other government |
| |
|agency records or files; |
| |
| (4) documentation from a domestic violence program if |
| |
|the person is alleged to be a victim of domestic violence; |
| |
| (5) documentation from a legal, clerical, medical, or |
| |
|other professional from whom the person has sought assistance in dealing with the alleged domestic violence; |
|and |
| |
| (6) any other evidence that supports the sworn |
| |
|statements, such as a statement from any other individual with knowledge of the circumstances that provides the|
|basis for the claim, or physical evidence of the act or acts of domestic violence. |
| |
|(Source: P.A. 93-139, eff. 7-10-03.) |
| (750 ILCS 45/14) (from Ch. 40, par. 2514) |
| Sec. 14. Judgment. |
| (a) (1) The judgment shall contain or explicitly reserve provisions concerning any duty and amount of child|
|support and may contain provisions concerning the custody and guardianship of the child, visitation privileges |
|with the child, the furnishing of bond or other security for the payment of the judgment, which the court shall|
|determine in accordance with the relevant factors set forth in the Illinois Marriage and Dissolution of |
|Marriage Act and any other applicable law of Illinois, to guide the court in a finding in the best interests of|
|the child. In determining custody, joint custody, removal, or visitation, the court shall apply the relevant |
|standards of the Illinois Marriage and Dissolution of Marriage Act, including Section 609. Specifically, in |
|determining the amount of any child support award or child health insurance coverage, the court shall use the |
|guidelines and standards set forth in subsection (a) of Section 505 and in Section 505.2 of the Illinois |
|Marriage and Dissolution of Marriage Act. For purposes of Section 505 of the Illinois Marriage and Dissolution |
|of Marriage Act, "net income" of the non-custodial parent shall include any benefits available to that person |
|under the Illinois Public Aid Code or from other federal, State or local government-funded programs. The court |
|shall, in any event and regardless of the amount of the non-custodial parent's net income, in its judgment |
|order the non-custodial parent to pay child support to the custodial parent in a minimum amount of not less |
|than $10 per month, as long as such an order is consistent with the requirements of Title IV, Part D of the |
|Social Security Act. In an action brought within 2 years after a judicial determination of parentage, the |
|judgment or order may direct either parent to pay the reasonable expenses incurred by either parent or the |
|Department of Healthcare and Family Services related to the mother's pregnancy and the delivery of the child. |
|The judgment or order shall contain the father's social security number, which the father shall disclose to the|
|court; however, failure to include the father's social security number on the judgment or order does not |
|invalidate the judgment or order. |
| (2) If a judgment of parentage contains no explicit award of custody, the establishment of a support |
|obligation or of visitation rights in one parent shall be considered a judgment granting custody to the other |
|parent. If the parentage judgment contains no such provisions, custody shall be presumed to be with the mother;|
|however, the presumption shall not apply if the father has had physical custody for at least 6 months prior to |
|the date that the mother seeks to enforce custodial rights. |
| (b) The court shall order all child support payments, determined in accordance with such guidelines, to |
|commence with the date summons is served. The level of current periodic support payments shall not be reduced |
|because of payments set for the period prior to the date of entry of the support order. The Court may order any|
|child support payments to be made for a period prior to the commencement of the action. In determining whether |
|and the extent to which the payments shall be made for any prior period, the court shall consider all relevant |
|facts, including the factors for determining the amount of support specified in the Illinois Marriage and |
|Dissolution of Marriage Act and other equitable factors including but not limited to: |
| (1) The father's prior knowledge of the fact and |
| |
|circumstances of the child's birth. |
| |
| (2) The father's prior willingness or refusal to help |
| |
|raise or support the child. |
| |
| (3) The extent to which the mother or the public |
| |
|agency bringing the action previously informed the father of the child's needs or attempted to seek or require |
|his help in raising or supporting the child. |
| |
| (4) The reasons the mother or the public agency did |
| |
|not file the action earlier. |
| |
| (5) The extent to which the father would be |
| |
|prejudiced by the delay in bringing the action. |
| |
| For purposes of determining the amount of child support to be paid for any period before the date the order|
|for current child support is entered, there is a rebuttable presumption that the father's net income for the |
|prior period was the same as his net income at the time the order for current child support is entered. |
| If (i) the non-custodial parent was properly served with a request for discovery of financial information |
|relating to the non-custodial parent's ability to provide child support, (ii) the non-custodial parent failed |
|to comply with the request, despite having been ordered to do so by the court, and (iii) the non-custodial |
|parent is not present at the hearing to determine support despite having received proper notice, then any |
|relevant financial information concerning the non-custodial parent's ability to provide child support that was |
|obtained pursuant to subpoena and proper notice shall be admitted into evidence without the need to establish |
|any further foundation for its admission. |
| (c) Any new or existing support order entered by the court under this Section shall be deemed to be a |
|series of judgments against the person obligated to pay support thereunder, each judgment to be in the amount |
|of each payment or installment of support and each such judgment to be deemed entered as of the date the |
|corresponding payment or installment becomes due under the terms of the support order. Each judgment shall have|
|the full force, effect and attributes of any other judgment of this State, including the ability to be |
|enforced. Notwithstanding any other State or local law to the contrary, a lien arises by operation of law |
|against the real and personal property of the noncustodial parent for each installment of overdue support owed |
|by the noncustodial parent. |
| (d) If the judgment or order of the court is at variance with the child's birth certificate, the court |
|shall order that a new birth certificate be issued under the Vital Records Act. |
| (e) On request of the mother and the father, the court shall order a change in the child's name. After |
|hearing evidence the court may stay payment of support during the period of the father's minority or period of |
|disability. |
| (f) If, upon a showing of proper service, the father fails to appear in court, or otherwise appear as |
|provided by law, the court may proceed to hear the cause upon testimony of the mother or other parties taken in|
|open court and shall enter a judgment by default. The court may reserve any order as to the amount of child |
|support until the father has received notice, by regular mail, of a hearing on the matter. |
| (g) A one-time charge of 20% is imposable upon the amount of past-due child support owed on July 1, 1988 |
|which has accrued under a support order entered by the court. The charge shall be imposed in accordance with |
|the provisions of Section 10-21 of the Illinois Public Aid Code and shall be enforced by the court upon |
|petition. |
| (h) All orders for support, when entered or modified, shall include a provision requiring the non-custodial|
|parent to notify the court and, in cases in which party is receiving child support enforcement services under |
|Article X of the Illinois Public Aid Code, the Department of Healthcare and Family Services, within 7 days, (i)|
|of the name and address of any new employer of the non-custodial parent, (ii) whether the non-custodial parent |
|has access to health insurance coverage through the employer or other group coverage and, if so, the policy |
|name and number and the names of persons covered under the policy, and (iii) of any new residential or mailing |
|address or telephone number of the non-custodial parent. In any subsequent action to enforce a support order, |
|upon a sufficient showing that a diligent effort has been made to ascertain the location of the non-custodial |
|parent, service of process or provision of notice necessary in the case may be made at the last known address |
|of the non-custodial parent in any manner expressly provided by the Code of Civil Procedure or this Act, which |
|service shall be sufficient for purposes of due process. |
| (i) An order for support shall include a date on which the current support obligation terminates. The |
|termination date shall be no earlier than the date on which the child covered by the order will attain the age |
|of 18. However, if the child will not graduate from high school until after attaining the age of 18, then the |
|termination date shall be no earlier than the earlier of the date on which the child's high school graduation |
|will occur or the date on which the child will attain the age of 19. The order for support shall state that the|
|termination date does not apply to any arrearage that may remain unpaid on that date. Nothing in this |
|subsection shall be construed to prevent the court from modifying the order or terminating the order in the |
|event the child is otherwise emancipated. |
| (i-5) If there is an unpaid arrearage or delinquency (as those terms are defined in the Income Withholding |
|for Support Act) equal to at least one month's support obligation on the termination date stated in the order |
|for support or, if there is no termination date stated in the order, on the date the child attains the age of |
|majority or is otherwise emancipated, the periodic amount required to be paid for current support of that child|
|immediately prior to that date shall automatically continue to be an obligation, not as current support but as |
|periodic payment toward satisfaction of the unpaid arrearage or delinquency. That periodic payment shall be in |
|addition to any periodic payment previously required for satisfaction of the arrearage or delinquency. The |
|total periodic amount to be paid toward satisfaction of the arrearage or delinquency may be enforced and |
|collected by any method provided by law for enforcement and collection of child support, including but not |
|limited to income withholding under the Income Withholding for Support Act. Each order for support entered or |
|modified on or after the effective date of this amendatory Act of the 93rd General Assembly must contain a |
|statement notifying the parties of the requirements of this subsection. Failure to include the statement in the|
|order for support does not affect the validity of the order or the operation of the provisions of this |
|subsection with regard to the order. This subsection shall not be construed to prevent or affect the |
|establishment or modification of an order for support of a minor child or the establishment or modification of |
|an order for support of a non-minor child or educational expenses under Section 513 of the Illinois Marriage |
|and Dissolution of Marriage Act. |
| (j) An order entered under this Section shall include a provision requiring the obligor to report to the |
|obligee and to the clerk of court within 10 days each time the obligor obtains new employment, and each time |
|the obligor's employment is terminated for any reason. The report shall be in writing and shall, in the case of|
|new employment, include the name and address of the new employer. Failure to report new employment or the |
|termination of current employment, if coupled with nonpayment of support for a period in excess of 60 days, is |
|indirect criminal contempt. For any obligor arrested for failure to report new employment bond shall be set in |
|the amount of the child support that should have been paid during the period of unreported employment. An order|
|entered under this Section shall also include a provision requiring the obligor and obligee parents to advise |
|each other of a change in residence within 5 days of the change except when the court finds that the physical, |
|mental, or emotional health of a party or that of a minor child, or both, would be seriously endangered by |
|disclosure of the party's address. |
|(Source: P.A. 97-186, eff. 7-22-11.) |
| (750 ILCS 45/14.1) |
| Sec. 14.1. Information to State Case Registry. |
| (a) In this Section: |
| "Order for support", "obligor", "obligee", and "business day" are defined as set forth in the Income |
|Withholding for Support Act. |
| "State Case Registry" means the State Case Registry established under Section 10-27 of the Illinois Public |
|Aid Code. |
| (b) Each order for support entered or modified by the circuit court under this Act shall require that the |
|obligor and obligee (i) file with the clerk of the circuit court the information required by this Section (and |
|any other information required under Title IV, Part D of the Social Security Act or by the federal Department |
|of Health and Human Services) at the time of entry or modification of the order for support and (ii) file |
|updated information with the clerk within 5 business days of any change. Failure of the obligor or obligee to |
|file or update the required information shall be punishable as in cases of contempt. The failure shall not |
|prevent the court from entering or modifying the order for support, however. |
| (c) The obligor shall file the following information: the obligor's name, date of birth, social security |
|number, and mailing address. |
| If either the obligor or the obligee receives child support enforcement services from the Department of |
|Healthcare and Family Services under Article X of the Illinois Public Aid Code, the obligor shall also file the|
|following information: the obligor's telephone number, driver's license number, and residential address (if |
|different from the obligor's mailing address), and the name, address, and telephone number of the obligor's |
|employer or employers. |
| (d) The obligee shall file the following information: |
| (1) The names of the obligee and the child or |
| |
|children covered by the order for support. |
| |
| (2) The dates of birth of the obligee and the child |
| |
|or children covered by the order for support. |
| |
| (3) The social security numbers of the obligee and |
| |
|the child or children covered by the order for support. |
| |
| (4) The obligee's mailing address. |
| (e) In cases in which the obligee receives child support enforcement services from the Department of |
|Healthcare and Family Services under Article X of the Illinois Public Aid Code, the order for support shall (i)|
|require that the obligee file the information required under subsection (d) with the Department of Healthcare |
|and Family Services for inclusion in the State Case Registry, rather than file the information with the clerk, |
|and (ii) require that the obligee include the following additional information: |
| (1) The obligee's telephone and driver's license |
| |
|numbers. |
| |
| (2) The obligee's residential address, if different |
| |
|from the obligee's mailing address. |
| |
| (3) The name, address, and telephone number of the |
| |
|obligee's employer or employers. |
| |
| The order for support shall also require that the obligee update the information filed with the Department |
|of Healthcare and Family Services within 5 business days of any change. |
| (f) The clerk shall provide the information filed under this Section, together with the court docket number|
|and county in which the order for support was entered, to the State Case Registry within 5 business days after |
|receipt of the information. |
| (g) In a case in which a party is receiving child support enforcement services under Article X of the |
|Illinois Public Aid Code, the clerk shall provide the following additional information to the State Case |
|Registry within 5 business days after entry or modification of an order for support or request from the |
|Department of Healthcare and Family Services: |
| (1) The amount of monthly or other periodic support |
| |
|owed under the order for support and other amounts, including arrearage, interest, or late payment penalties |
|and fees, due or overdue under the order. |
| |
| (2) Any such amounts that have been received by the |
| |
|clerk, and the distribution of those amounts by the clerk. |
| |
| (h) Information filed by the obligor and obligee under this Section that is not specifically required to be|
|included in the body of an order for support under other laws is not a public record and shall be treated as |
|confidential and subject to disclosure only in accordance with the provisions of this Section, Section 10-27 of|
|the Illinois Public Aid Code, and Title IV, Part D of the Social Security Act. |
|(Source: P.A. 95-331, eff. 8-21-07.) |
| (750 ILCS 45/14.5) |
| Sec. 14.5. Information to locate putative fathers and noncustodial parents. |
| (a) Upon request by a public office, employers, labor unions, and telephone companies shall provide |
|location information concerning putative fathers and noncustodial parents for the purpose of establishing a |
|child's paternity or establishing, enforcing, or modifying a child support obligation. The term "public office"|
|is defined as set forth in the Income Withholding for Support Act. In this Section, "location information" |
|means information about (i) the physical whereabouts of a putative father or noncustodial parent, (ii) the |
|employer of the putative father or noncustodial parent, or (iii) the salary, wages, and other compensation paid|
|and the health insurance coverage provided to the putative father or noncustodial parent by the employer of the|
|putative father or noncustodial parent or by a labor union of which the putative father or noncustodial parent |
|is a member. An employer, labor union, or telephone company shall respond to the request of the public office |
|within 15 days after receiving the request. Any employer, labor union, or telephone company that willfully |
|fails to fully respond within the 15-day period shall be subject to a penalty of $100 for each day that the |
|response is not provided to the public office after the 15-day period has expired. The penalty may be collected|
|in a civil action, which may be brought against the employer, labor union, or telephone company in favor of the|
|public office. |
| (b) Upon being served with a subpoena (including an administrative subpoena as authorized by law), a |
|utility company or cable television company must provide location information to a public office for the |
|purpose of establishing a child's paternity or establishing, enforcing, or modifying a child support |
|obligation. |
| (c) Notwithstanding the provisions of any other State or local law to the contrary, an employer, labor |
|union, telephone company, utility company, or cable television company shall not be liable to any person for |
|disclosure of location information under the requirements of this Section, except for willful and wanton |
|misconduct. |
|(Source: P.A. 93-116, eff. 7-10-03.) |
| (750 ILCS 45/15) (from Ch. 40, par. 2515) |
| Sec. 15. Enforcement of Judgment or Order. |
| (a) If existence of the parent and child relationship is declared, or paternity or duty of support has been|
|established under this Act or under prior law or under the law of any other jurisdiction, the judgment rendered|
|thereunder may be enforced in the same or other proceedings by any party or any person or agency that has |
|furnished or may furnish financial assistance or services to the child. The Income Withholding for Support Act |
|and Sections 14 and 16 of this Act shall also be applicable with respect to entry, modification and enforcement|
|of any support judgment entered under provisions of the "Paternity Act", approved July 5, 1957, as amended, |
|repealed July 1, 1985. |
| (b) Failure to comply with any order of the court shall be punishable as contempt as in other cases of |
|failure to comply under the "Illinois Marriage and Dissolution of Marriage Act", as now or hereafter amended. |
|In addition to other penalties provided by law, the court may, after finding the party guilty of contempt, |
|order that the party be: |
| (1) Placed on probation with such conditions of |
| |
|probation as the court deems advisable; |
| |
| (2) Sentenced to periodic imprisonment for a period |
| |
|not to exceed 6 months. However, the court may permit the party to be released for periods of time during the |
|day or night to work or conduct business or other self-employed occupation. The court may further order any |
|part of all the earnings of a party during a sentence of periodic imprisonment to be paid to the Clerk of the |
|Circuit Court or to the person or parent having custody of the minor child for the support of said child until |
|further order of the court. |
| |
| (c) The court may also pierce the ownership veil of a person, persons, or business entity to discover |
|assets of a non-custodial parent held in the name of that person, those persons, or that business entity if |
|there is a unity of interest and ownership sufficient to render no financial separation between the |
|non-custodial parent and that person, those persons, or the business entity. The following circumstances are |
|sufficient for a court to order discovery of the assets of a person, persons, or business entity and to compel |
|the application of any discovered assets toward payment on the judgment for support: |
| (1) The non-custodial parent and the person, persons, |
| |
|or business entity maintain records together. |
| |
| (2) The non-custodial parent and the person, persons, |
| |
|or business entity fail to maintain an arms length relationship between themselves with regard to any assets. |
| |
| (3) The non-custodial parent transfers assets to the |
| |
|person, persons, or business entity with the intent to perpetrate a fraud on the custodial parent. |
| |
| With respect to assets which are real property, no order entered under this subsection (c) shall affect the|
|rights of bona fide purchasers, mortgagees, judgment creditors, or other lien holders who acquire their |
|interests in the property prior to the time a notice of lis pendens pursuant to the Code of Civil Procedure or |
|a copy of the order is placed of record in the office of the recorder of deeds for the county in which the real|
|property is located. |
| (d) The court may also order that, in cases where the party is 90 days or more delinquent in payment of |
|support or has been adjudicated in arrears in an amount equal to 90 days obligation or more, the party's |
|Illinois driving privileges be suspended until the court determines that the party is in compliance with the |
|judgement or duty of support. The court may also order that the parent be issued a family financial |
|responsibility driving permit that would allow limited driving privileges for employment and medical purposes |
|in accordance with Section 7-702.1 of the Illinois Vehicle Code. The clerk of the circuit court shall certify |
|the order suspending the driving privileges of the parent or granting the issuance of a family financial |
|responsibility driving permit to the Secretary of State on forms prescribed by the Secretary. Upon receipt of |
|the authenticated documents, the Secretary of State shall suspend the party's driving privileges until further |
|order of the court and shall, if ordered by the court, subject to the provisions of Section 7-702.1 of the |
|Illinois Vehicle Code, issue a family financial responsibility driving permit to the parent. |
| (e) In addition to the penalties or punishment that may be imposed under this Section, any person whose |
|conduct constitutes a violation of Section 15 of the Non-Support Punishment Act may be prosecuted under that |
|Act, and a person convicted under that Act may be sentenced in accordance with that Act. The sentence may |
|include but need not be limited to a requirement that the person perform community service under Section 50 of |
|that Act or participate in a work alternative program under Section 50 of that Act. A person may not be |
|required to participate in a work alternative program under Section 50 of that Act if the person is currently |
|participating in a work program pursuant to Section 15.1 of this Act. |
| (f) If a party who is found guilty of contempt for a failure to comply with an order to pay support is a |
|person who conducts a business or who is self-employed, the court may in addition to other penalties provided |
|by law order that the party do one or more of the following: (i) provide to the court monthly financial |
|statements showing income and expenses from the business or the self-employment; (ii) seek employment and |
|report periodically to the court with a diary, listing, or other memorandum of his or her employment search |
|efforts; or (iii) report to the Department of Employment Security for job search services to find employment |
|that will be subject to withholding of child support. |
| (g) In any post-judgment proceeding to enforce or modify the judgment the parties shall continue to be |
|designated as in the original proceeding. |
|(Source: P.A. 97-1029, eff. 1-1-13; 98-756, eff. 7-16-14.) |
| (750 ILCS 45/15.1) (from Ch. 40, par. 2515.1) |
| Sec. 15.1. (a) Whenever it is determined in a proceeding to establish or enforce a child support obligation|
|that the person owing a duty of support is unemployed, the court may order the person to seek employment and |
|report periodically to the court with a diary, listing or other memorandum of his or her efforts in accordance |
|with such order. Additionally, the court may order the unemployed person to report to the Department of |
|Employment Security for job search services or to make application with the local Job Training Partnership Act |
|provider for participation in job search, training or work programs and where the duty of support is owed to a |
|child receiving child support enforcement services under Article X of the Illinois Public Aid Code, as amended,|
|the court may order the unemployed person to report to the Department of Healthcare and Family Services for |
|participation in job search, training or work programs established under Section 9-6 and Article IXA of that |
|Code. |
| (b) Whenever it is determined that a person owes past-due support for a child, and the child is receiving |
|assistance under the Illinois Public Aid Code, the court shall order the following at the request of the |
|Department of Healthcare and Family Services: |
| (1) that the person pay the past-due support in |
| |
|accordance with a plan approved by the court; or |
| |
| (2) if the person owing past-due support is |
| |
|unemployed, is subject to such a plan, and is not incapacitated, that the person participate in such job |
|search, training, or work programs established under Section 9-6 and Article IXA of the Illinois Public Aid |
|Code as the court deems appropriate. |
| |
|(Source: P.A. 95-331, eff. 8-21-07.) |
| (750 ILCS 45/15.2) (from Ch. 40, par. 2515.2) |
| Sec. 15.2. Order of protection; status. Whenever relief is sought under this Act, the court, before |
|granting relief, shall determine whether any order of protection has previously been entered in the instant |
|proceeding or any other proceeding in which any party, or a child of any party, or both, if relevant, has been |
|designated as either a respondent or a protected person. |
|(Source: P.A. 87-743.) |
| (750 ILCS 45/16) (from Ch. 40, par. 2516) |
| Sec. 16. Modification of Judgment. The court has continuing jurisdiction to modify an order for support, |
|custody, visitation, or removal included in a judgment entered under this Act. Any custody, visitation, or |
|removal judgment modification shall be in accordance with the relevant factors specified in the Illinois |
|Marriage and Dissolution of Marriage Act, including Section 609. Any support judgment is subject to |
|modification or termination only in accordance with Section 510 of the Illinois Marriage and Dissolution of |
|Marriage Act. |
|(Source: P.A. 93-139, eff. 7-10-03.) |
| (750 ILCS 45/17) (from Ch. 40, par. 2517) |
| Sec. 17. Costs. Except as otherwise provided in this Act, the court may order reasonable fees of counsel, |
|experts, and other costs of the action, pre-trial proceedings, post-judgment proceedings to enforce or modify |
|the judgment, and the appeal or the defense of an appeal of the judgment, to be paid by the parties in |
|accordance with the relevant factors specified in Section 508 of the Illinois Marriage and Dissolution of |
|Marriage Act, as amended. |
|(Source: P.A. 85-1417; 86-1339.) |
| (750 ILCS 45/18) (from Ch. 40, par. 2518) |
| Sec. 18. Right to Counsel; Free Transcript on Appeal. |
| (a) Any party may be represented by counsel at all proceedings under this Act. |
| (a-5) In any proceedings involving the support, custody, visitation, education, parentage, property |
|interest, or general welfare of a minor or dependent child, the court may, on its own motion or that of any |
|party, and subject to the terms or specifications the court determines, appoint an attorney to serve in one of |
|the following capacities: |
| (1) as an attorney to represent the child; |
| (2) as a guardian ad litem to address issues the |
| |
|court delineates; |
| |
| (3) as a child's representative whose duty shall be |
| |
|to advocate what the representative finds to be in the best interests of the child after reviewing the facts |
|and circumstances of the case. The child's representative shall have the same power and authority to take part |
|in the conduct of the litigation as does an attorney for a party and shall possess all the powers of |
|investigation and recommendation as does a guardian ad litem. The child's representative shall consider, but |
|not be bound by, the expressed wishes of the child. A child's representative shall have received training in |
|child advocacy or shall possess such experience as determined to be equivalent to such training by the chief |
|judge of the circuit where the child's representative has been appointed. The child's representative shall not |
|disclose confidential communications made by the child, except as required by law or by the Rules of |
|Professional Conduct. The child's representative shall not be called as a witness regarding the issues set |
|forth in this subsection. |
| |
| During the proceedings the court may appoint an additional attorney to serve in another of the capacities |
|described in subdivisions (1), (2), or (3) of the preceding paragraph on its own motion or that of a party only|
|for good cause shown and when the reasons for the additional appointment are set forth in specific findings. |
| The court shall enter an order as appropriate for costs, fees, and disbursements, including a retainer, |
|when the attorney, guardian ad litem, or child's representative is appointed, and thereafter as necessary. Such|
|orders shall require payment by either or both parents, by any other party or source, or from the marital |
|estate or the child's separate estate. The court may not order payment by the Department of Healthcare and |
|Family Services in cases in which the Department is providing child support enforcement services under Article |
|X of the Illinois Public Aid Code. Unless otherwise ordered by the court at the time fees and costs are |
|approved, all fees and costs payable to an attorney, guardian ad litem, or child's representative under this |
|Section are by implication deemed to be in the nature of support of the child and are within the exceptions to |
|discharge in bankruptcy under 11 U.S.C.A. 523. The provisions of Sections 501 and 508 of this Act shall apply |
|to fees and costs for attorneys appointed under this Section. |
| (b) Upon the request of a mother or child seeking to establish the existence of a father and child |
|relationship, the State's Attorney shall represent the mother or child in the trial court. If the child is an |
|applicant for or a recipient of assistance as defined in Section 2-6 of "The Illinois Public Aid Code", |
|approved April 11, 1967, as amended, or has applied to the Department of Healthcare and Family Services |
|(formerly Illinois Department of Public Aid) for services under Article X of such Code, the Department may file|
|a complaint in the child's behalf under this Act. The Department shall refer the complaint to the Public Aid |
|Claims Enforcement Division of the Office of the Attorney General as provided in Section 12-16 of "The Illinois|
|Public Aid Code" for enforcement by the Attorney General. Legal representation by the State's Attorney or the |
|Attorney General shall be limited to the establishment and enforcement of an order for support, and shall not |
|extend to visitation, custody, property or other matters. If visitation, custody, property or other matters are|
|raised by a party and considered by the court in any proceeding under this Act, the court shall provide a |
|continuance sufficient to enable the mother or child to obtain representation for such matters. |
| (c) The Court may appoint counsel to represent any indigent defendant in the trial court, except that this |
|representation shall be limited to the establishment of a parent and child relationship and an order for |
|support, and shall not extend to visitation, custody, property, enforcement of an order for support, or other |
|matters. If visitation, custody, property or other matters are raised by a party and considered by the court in|
|any proceeding under this Act, the court shall provide a continuance sufficient to enable the defendant to |
|obtain representation for such matters. |
| (d) The court shall furnish on request of any indigent party a transcript for purposes of appeal. |
|(Source: P.A. 95-331, eff. 8-21-07.) |
| (750 ILCS 45/19) (from Ch. 40, par. 2519) |
| Sec. 19. Action to Declare Mother and Child Relationship. Any interested party may bring an action to |
|determine the existence or non-existence of a mother and child relationship. Insofar as practicable, the |
|provisions of this Act applicable to the father and child relationship shall apply to the mother and child |
|relationship, including, but not limited to the obligation to support. |
|(Source: P.A. 83-1372.) |
| (750 ILCS 45/20) (from Ch. 40, par. 2520) |
| Sec. 20. Withholding of Income to Secure Payment of Support. Orders for support entered under this Act are |
|subject to the Income Withholding for Support Act. |
|(Source: P.A. 90-18, eff. 7-1-97; 90-425, eff. 8-15-97; 90-655, eff. 7-30-98; 90-673, eff. 1-1-99; 90-790, eff.|
|8-14-98; 91-357, eff. 7-29-99.) |
| (750 ILCS 45/20.5) |
| Sec. 20.5. Information concerning obligors. |
| (a) In this Section: |
| "Arrearage", "delinquency", "obligor", and "order for support" have the meanings attributed to those terms |
|in the Income Withholding for Support Act. |
| "Consumer reporting agency" has the meaning attributed to that term in Section 603(f) of the Fair Credit |
|Reporting Act, 15 U.S.C. 1681a(f). |
| (b) Whenever a court of competent jurisdiction finds that an obligor either owes an arrearage of more than |
|$10,000 or is delinquent in payment of an amount equal to at least 3 months' support obligation pursuant to an |
|order for support, the court shall direct the clerk of the court to make information concerning the obligor |
|available to consumer reporting agencies. |
| (c) Whenever a court of competent jurisdiction finds that an obligor either owes an arrearage of more than |
|$10,000 or is delinquent in payment of an amount equal to at least 3 months' support obligation pursuant to an |
|order for support, the court shall direct the clerk of the court to cause the obligor's name and address to be |
|published in a newspaper of general circulation in the area in which the obligor resides. The clerk shall cause|
|the obligor's name and address to be published only after sending to the obligor at the obligor's last known |
|address, by certified mail, return receipt requested, a notice of intent to publish the information. This |
|subsection (c) applies only if the obligor resides in the county in which the clerk of the court holds office. |
|(Source: P.A. 90-466, eff. 1-1-98; 90-673, eff. 1-1-99.) |
| (750 ILCS 45/20.7) |
| Sec. 20.7. Interest on support obligations. A support obligation, or any portion of a support obligation, |
|which becomes due and remains unpaid as of the end of each month, excluding the child support that was due for |
|that month to the extent that it was not paid in that month, shall accrue simple interest as set forth in |
|Section 12-109 of the Code of Civil Procedure. An order for support entered or modified on or after January 1, |
|2006 shall contain a statement that a support obligation required under the order, or any portion of a support |
|obligation required under the order, that becomes due and remains unpaid as of the end of each month, excluding|
|the child support that was due for that month to the extent that it was not paid in that month, shall accrue |
|simple interest as set forth in Section 12-109 of the Code of Civil Procedure. Failure to include the statement|
|in the order for support does not affect the validity of the order or the accrual of interest as provided in |
|this Section. |
|(Source: P.A. 94-90, eff. 1-1-06.) |
| (750 ILCS 45/21) (from Ch. 40, par. 2521) |
| Sec. 21. Support payments; receiving and disbursing agents. |
| (1) In an action filed in a county of less than 3 million population in which an order for child support is|
|entered, and in supplementary proceedings in such a county to enforce or vary the terms of such order arising |
|out of an action filed in such a county, the court, except in actions or supplementary proceedings in which the|
|pregnancy and delivery expenses of the mother or the child support payments are for a recipient of aid under |
|the Illinois Public Aid Code, shall direct that child support payments be made to the clerk of the court unless|
|in the discretion of the court exceptional circumstances warrant otherwise. In cases where payment is to be |
|made to persons other than the clerk of the court the judgment or order of support shall set forth the facts of|
|the exceptional circumstances. |
| (2) In an action filed in a county of 3 million or more population in which an order for child support is |
|entered, and in supplementary proceedings in such a county to enforce or vary the terms of such order arising |
|out of an action filed in such a county, the court, except in actions or supplementary proceedings in which the|
|pregnancy and delivery expenses of the mother or the child support payments are for a recipient of aid under |
|the Illinois Public Aid Code, shall direct that child support payments be made either to the clerk of the court|
|or to the Court Service Division of the County Department of Public Aid, or to the clerk of the court or to the|
|Department of Healthcare and Family Services, unless in the discretion of the court exceptional circumstances |
|warrant otherwise. In cases where payment is to be made to persons other than the clerk of the court, the Court|
|Service Division of the County Department of Public Aid, or the Department of Healthcare and Family Services, |
|the judgment or order of support shall set forth the facts of the exceptional circumstances. |
| (3) Where the action or supplementary proceeding is in behalf of a mother for pregnancy and delivery |
|expenses or for child support, or both, and the mother, child, or both, are recipients of aid under the |
|Illinois Public Aid Code, the court shall order that the payments be made directly to (a) the Department of |
|Healthcare and Family Services if the mother or child, or both, are recipients under Articles IV or V of the |
|Code, or (b) the local governmental unit responsible for the support of the mother or child, or both, if they |
|are recipients under Articles VI or VII of the Code. In accordance with federal law and regulations, the |
|Department of Healthcare and Family Services may continue to collect current maintenance payments or child |
|support payments, or both, after those persons cease to receive public assistance and until termination of |
|services under Article X of the Illinois Public Aid Code. The Department of Healthcare and Family Services |
|shall pay the net amount collected to those persons after deducting any costs incurred in making the collection|
|or any collection fee from the amount of any recovery made. The Department of Healthcare and Family Services or|
|the local governmental unit, as the case may be, may direct that payments be made directly to the mother of the|
|child, or to some other person or agency in the child's behalf, upon the removal of the mother and child from |
|the public aid rolls or upon termination of services under Article X of the Illinois Public Aid Code; and upon |
|such direction, the Department or the local governmental unit, as the case requires, shall give notice of such |
|action to the court in writing or by electronic transmission. |
| (4) All clerks of the court and the Court Service Division of a County Department of Public Aid and the |
|Department of Healthcare and Family Services, receiving child support payments under paragraphs (1) or (2) |
|shall disburse the same to the person or persons entitled thereto under the terms of the order. They shall |
|establish and maintain clear and current records of all moneys received and disbursed and of defaults and |
|delinquencies in required payments. The court, by order or rule, shall make provision for the carrying out of |
|these duties. |
| Payments under this Section to the Department of Healthcare and Family Services pursuant to the Child |
|Support Enforcement Program established by Title IV-D of the Social Security Act shall be paid into the Child |
|Support Enforcement Trust Fund. All payments under this Section to the Illinois Department of Human Services |
|shall be deposited in the DHS Recoveries Trust Fund. Disbursement from these funds shall be as provided in the |
|Illinois Public Aid Code. Payments received by a local governmental unit shall be deposited in that unit's |
|General Assistance Fund. |
| (5) The moneys received by persons or agencies designated by the court shall be disbursed by them in |
|accordance with the order. However, the court, on petition of the state's attorney, may enter new orders |
|designating the clerk of the court or the Department of Healthcare and Family Services, as the person or agency|
|authorized to receive and disburse child support payments and, in the case of recipients of public aid, the |
|court, on petition of the Attorney General or State's Attorney, shall direct subsequent payments to be paid to |
|the Department of Healthcare and Family Services or to the appropriate local governmental unit, as provided in |
|paragraph (3). Payments of child support by principals or sureties on bonds, or proceeds of any sale for the |
|enforcement of a judgment shall be made to the clerk of the court, the Department of Healthcare and Family |
|Services or the appropriate local governmental unit, as the respective provisions of this Section require. |
| (6) For those cases in which child support is payable to the clerk of the circuit court for transmittal to |
|the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) by order of court|
|or upon notification by the Department of Healthcare and Family Services (formerly Illinois Department of |
|Public Aid), the clerk shall transmit all such payments, within 4 working days of receipt, to insure that funds|
|are available for immediate distribution by the Department to the person or entity entitled thereto in |
|accordance with standards of the Child Support Enforcement Program established under Title IV-D of the Social |
|Security Act. The clerk shall notify the Department of the date of receipt and amount thereof at the time of |
|transmittal. Where the clerk has entered into an agreement of cooperation with the Department to record the |
|terms of child support orders and payments made thereunder directly into the Department's automated data |
|processing system, the clerk shall account for, transmit and otherwise distribute child support payments in |
|accordance with such agreement in lieu of the requirements contained herein. |
| (7) To the extent the provisions of this Section are inconsistent with the requirements pertaining to the |
|State Disbursement Unit under Section 21.1 of this Act and Section 10-26 of the Illinois Public Aid Code, the |
|requirements pertaining to the State Disbursement Unit shall apply. |
|(Source: P.A. 94-88, eff. 1-1-06; 95-331, eff. 8-21-07.) |
| (750 ILCS 45/21.1) |
| Sec. 21.1. Payment of Support to State Disbursement Unit. |
| (a) As used in this Section: |
| "Order for support", "obligor", "obligee", and "payor" mean those terms as defined in the Income |
|Withholding for Support Act, except that "order for support" shall not mean orders providing for spousal |
|maintenance under which there is no child support obligation. |
| (b) Notwithstanding any other provision of this Act to the contrary, each order for support entered or |
|modified on or after October 1, 1999 shall require that support payments be made to the State Disbursement Unit|
|established under Section 10-26 of the Illinois Public Aid Code if: |
| (1) a party to the order is receiving child support |
| |
|enforcement services under Article X of the Illinois Public Aid Code; or |
| |
| (2) no party to the order is receiving child support |
| |
|enforcement services, but the support payments are made through income withholding. |
| |
| (c) Support payments shall be made to the State Disbursement Unit if: |
| (1) the order for support was entered before October |
| |
|1, 1999, and a party to the order is receiving child support enforcement services under Article X of the |
|Illinois Public Aid Code; or |
| |
| (2) no party to the order is receiving child support |
| |
|enforcement services, and the support payments are being made through income withholding. |
| |
| (c-5) If no party to the order is receiving child support enforcement services under Article X of the |
|Illinois Public Aid Code, and the support payments are not made through income withholding, then support |
|payments shall be made as directed by the order for support. |
| (c-10) At any time, and notwithstanding the existence of an order directing payments to be made elsewhere, |
|the Department of Healthcare and Family Services may provide notice to the obligor and, where applicable, to |
|the obligor's payor: |
| (1) to make support payments to the State |
| |
|Disbursement Unit if: |
| |
| (A) a party to the order for support is receiving |
| |
|child support enforcement services under Article X of the Illinois Public Aid Code; or |
| |
| (B) no party to the order for support is |
| |
|receiving child support enforcement services under Article X of the Illinois Public Aid Code, but the support |
|payments are made through income withholding; or |
| |
| (2) to make support payments to the State |
| |
|Disbursement Unit of another state upon request of another state's Title IV-D child support enforcement agency,|
|in accordance with the requirements of Title IV, Part D of the Social Security Act and regulations promulgated |
|under that Part D. |
| |
| The Department of Healthcare and Family Services shall provide a copy of the notice to the obligee and to |
|the clerk of the circuit court. |
| (c-15) Within 15 days after the effective date of this amendatory Act of the 91st General Assembly, the |
|clerk of the circuit court shall provide written notice to the obligor to directly to the clerk of the circuit |
|court if no party to the order is receiving child support enforcement services under Article X of the Illinois |
|Public Aid Code, the support payments are not made through income withholding, and the order for support |
|requires support payments to be made directly to the clerk of the circuit court. The clerk shall provide a copy|
|of the notice to the obligee. |
| (c-20) If the State Disbursement Unit receives a support payment that was not appropriately made to the |
|Unit under this Section, the Unit shall immediately return the payment to the sender, including, if possible, |
|instructions detailing where to send the support payments. |
| (d) The notices under subsections (c-10) and (c-15) may be sent by ordinary mail, certified mail, return |
|receipt requested, facsimile transmission, or other electronic process, or may be served upon the obligor or |
|payor using any method provided by law for service of a summons. |
|(Source: P.A. 95-331, eff. 8-21-07.) |
| (750 ILCS 45/22) (from Ch. 40, par. 2522) |
| Sec. 22. In all cases instituted by the Department of Healthcare and Family Services (formerly Illinois |
|Department of Public Aid) on behalf of a child or spouse, other than one receiving a grant of financial aid |
|under Article IV of The Illinois Public Aid Code, on whose behalf an application has been made and approved for|
|child support enforcement services as provided by Section 10-1 of that Code, the court shall impose a |
|collection fee on the individual who owes a child or spouse support obligation in an amount equal to 10% of the|
|amount so owed as long as such collection is required by federal law, which fee shall be in addition to the |
|support obligation. The imposition of such fee shall be in accordance with provisions of Title IV, Part D, of |
|the Social Security Act and regulations duly promulgated thereunder. The fee shall be payable to the clerk of |
|the circuit court for transmittal to the Department of Healthcare and Family Services and shall continue until |
|support services are terminated by that Department. |
|(Source: P.A. 95-331, eff. 8-21-07.) |
| (750 ILCS 45/23) (from Ch. 40, par. 2523) |
| Sec. 23. Notice to Clerk of Circuit Court of Payment Received by Department of Healthcare and Family |
|Services for Recording. For those cases in which support is payable to the clerk of the circuit court for |
|transmittal to the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) by|
|order of court, and the Department collects support by assignment, offset, withhold, deduction or other process|
|permitted by law, the Department shall notify the clerk of the date and amount of such collection. Upon |
|notification, the clerk shall record the collection on the payment record for the case. |
|(Source: P.A. 95-331, eff. 8-21-07.) |
| (750 ILCS 45/25) (from Ch. 40, par. 2525) |
| Sec. 25. Except as provided in Section 8 of this Act, the repeal of the "Paternity Act", approved July 5, |
|1957, as amended, shall not affect rights or liabilities which have accrued thereunder and which have been |
|determined, settled or adjudicated prior to the effective date of this Act or which are the subject of |
|proceedings pending thereunder on such effective date. Provided further, this Act shall not be construed to bar|
|an action which would have been barred because the action had not been filed within the then applicable time |
|limitation, or which could not have been maintained under the "Paternity Act," approved July 5, 1957 and |
|repealed hereunder, as long as the limitations periods set forth in Section 8 of this Act are complied with. |
|(Source: P.A. 83-1372.) |
| (750 ILCS 45/26) (from Ch. 40, par. 2526) |
| Sec. 26. If any provision of this Act or the application thereof to any person or circumstance is held |
|invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect |
|without the invalid provision or application, and to this end the provisions of this Act are severable. |
|(Source: P.A. 83-1372.) |
| (750 ILCS 45/27) |
| Sec. 27. Other states' establishments of paternity. Establishments of paternity made under the laws of |
|other states shall be given full faith and credit in this State regardless of whether paternity was established|
|through voluntary acknowledgment, tests to determine inherited characteristics, or judicial or administrative |
|processes. |
|(Source: P.A. 90-18, eff. 7-1-97.) |
| (750 ILCS 45/28) |
| Sec. 28. Notice of child support enforcement services. The Department of Healthcare and Family Services may|
|provide notice at any time to the parties to an action filed under this Act that child support enforcement |
|services are being provided by the Department under Article X of the Illinois Public Aid Code. The notice shall|
|be sent by regular mail to the party's last known address on file with the clerk of the court or the State Case|
|Registry established under Section 10-27 of the Illinois Public Aid Code. After notice is provided pursuant to |
|this Section, the Department shall be entitled, as if it were a party, to notice of any further proceedings |
|brought in the case. The Department shall provide the clerk of the court with copies of the notices sent to the|
|parties. The clerk shall file the copies in the court file. |
|(Source: P.A. 94-88, eff. 1-1-06; 95-331, eff. 8-21-07.) |
CIVIL LIABILITIES (740 ILCS 80/) Frauds Act.
| (740 ILCS 80/0.01) (from Ch. 59, par. 0.01) |
| Sec. 0.01. Short title. This Act may be cited as the Frauds Act. |
|(Source: P.A. 86-1324.) |
| (740 ILCS 80/1) (from Ch. 59, par. 1) |
| Sec. 1. That No action shall be brought, whereby to charge any executor or administrator upon any special |
|promise to answer any debt or damages out of his own estate, or whereby to charge the defendant upon any |
|special promise to answer for the debt, default or miscarriage of another person, or to charge any person upon |
|any agreement made upon consideration of marriage, or upon any agreement that is not to be performed within the|
|space of one year from the making thereof, unless the promise or agreement upon which such action shall be |
|brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged |
|therewith, or some other person thereunto by him lawfully authorized. |
|(Source: R.S. 1874, p. 540.) |
| (740 ILCS 80/2) (from Ch. 59, par. 2) |
| Sec. 2. No action shall be brought to charge any person upon any contract for the sale of lands, tenements |
|or hereditaments or any interest in or concerning them, for a longer term than one year, unless such contract |
|or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or |
|some other person thereunto by him lawfully authorized in writing, signed by such party. This section shall not|
|apply to sales for the enforcement of a judgment for the payment of money or sales by any officer or person |
|pursuant to a judgment or order of any court in this State. |
|(Source: P.A. 83-346.) |
| (740 ILCS 80/3) (from Ch. 59, par. 3) |
| Sec. 3. The consideration of any such promise or agreement need not be set forth or expressed in the |
|writing, but may be proved or disproved by parol or other legal evidence. |
|(Source: R.S. 1874, p. 540.) |
| (740 ILCS 80/8) (from Ch. 59, par. 8) |
| Sec. 8. This act shall not extend to any estate or interest in any lands, goods or chattels, or any rents, |
|common or profit, out of the same, which shall be upon good consideration, and bona fide lawfully conveyed or |
|assured to any person, bodies politic or corporate. |
|(Source: R.S. 1874, p. 540.) |
| (740 ILCS 80/9) (from Ch. 59, par. 9) |
| Sec. 9. All declarations or creations of trusts or confidences of any lands, tenements or hereditaments, |
|shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust,|
|or by his last will in writing; or else they shall be utterly void and of no effect: Provided, that resulting |
|trust or trusts created by construction, implication or operation of law, need not be in writing, and the same |
|may be proved by parol. |
|(Source: R.S. 1874, p. 540.) |
| (740 ILCS 80/10) (from Ch. 59, par. 10) |
| Sec. 10. All wills, limitations, dispositions or appointments of, or concerning any lands and tenements, or|
|of any rent, profit, term or charge, out of the same, whereof any person, at the time of his or her decease, |
|shall own in fee simple, in possession in reversion, or remainder, or have power to dispose of the same by his |
|or her last will, shall be deemed and taken (only as against the person, his or her heirs, successors, |
|executors, administrators or assigns, and every one of them, whose debts, actions, claims, estates and |
|interests, by such will, limitation, disposition or appointment as above stated, shall, or might be in any wise|
|disturbed, hindered, delayed or defrauded,) to be fraudulent, void and of no effect, any pretense, color, |
|feigned or presumed consideration, or any other matter or thing to the contrary notwithstanding. |
|(Source: P.A. 84-551.) |
| (740 ILCS 80/11) (from Ch. 59, par. 11) |
| Sec. 11. Any person, his heirs, legatees, representatives successors or assigns, and each of them, who have|
|any debts, actions or claims against any person, who make any fraudulent legacy, or who has any debts, actions |
|or claims against any person who dies intestate, and has real estate to descend according to the laws of this |
|State, may maintain the actions which lie against representatives upon bonds, specialties, contracts and |
|agreements against the representatives and the heirs, or against the representatives and the legatees, or may |
|join the representatives, heir or heirs, and the legatees of such obligor, and shall not be delayed by the |
|minority of any of the parties. |
|(Source: P.A. 83-388.) |
| (740 ILCS 80/12) (from Ch. 59, par. 12) |
| Sec. 12. When any lands, tenements or hereditaments, or any rents or profits out of the same, shall descend|
|to any heir, or be devised to any devisee, and the personal estate of the ancestor of such heir or devisor of |
|such devisee shall be insufficient to discharge the just demands against such ancestor, or devisor's estate, |
|such heir or devisee shall be liable to the creditor of their ancestor or devisor to the full amount of the |
|lands, tenements or hereditaments, or rents and profits out of the same, as may descend or be devised to the |
|said heir or devisee; and in all cases where any heir or devisee shall be liable to pay the debts of his |
|executor or devisor, in regard of any lands, tenements or hereditaments, or any rent or profit arising out of |
|the same, descending or being devised to him, and shall sell, alien or make over the same before any action |
|brought, or process sued out against him, such heir at law or devisee shall be answerable for such debts to the|
|value of the said lands, tenements and hereditaments, rents or profits so by him aliened or made over; and |
|executions may be taken out upon any judgment so obtained against such heir or devisee, to the value of the |
|said lands, tenements and hereditaments, rents and profits, out of the same, as if the same were his own proper|
|debts, saving and excepting that the lands and tenements, rents and profits, by him bona fide aliened, before |
|the action brought, shall not be liable to such execution. |
|(Source: R.S. 1874, p. 540.) |
APPENDIX I: Participant Evaluation
What did you find most useful?
What did you find least helpful?
Would you recommend this seminar to others?
Would you recommend this instructor to others?
What topics needed more time allotted?
What training classes or services we could provide that would be helpful to you?
Would you like us to contact you? If so please leave a number or email where you can be reached. ________________________________________________________________
APPENDIX J: CLIENT Evaluation
|Please place a mark to the right in the appropriate box. |Yes |No |
|Please comment below each question as needed: | | |
|I have had regular communication with the project monitor? | | |
|My phone calls have been returned the same business day? | | |
|My emails have been returned the same business day? | | |
|My concerns have been addressed. | | |
|I would like it if you would do more | | |
|I would like it if you would do less | | |
|I have had a positive experience dealing with this company. | | |
|I would recommend this company to others. | | |
| (740 ILCS 80/14) (from Ch. 59, par. 14) |
| Sec. 14. In all cases where a judgment has been obtained against the executor or administrator of a deceased person, on a |
|contract or undertaking on which a joint action might have been maintained against the executor or administrator, and the heir or |
|devisee of the deceased person, if it shall appear by a judgment of record or the return of a proper officer that there is not |
|property of the deceased person in the hands of the executor or administrator to satisfy such judgment, it shall be lawful to bring a|
|separate suit or action against the heir or devisee on such contract or undertaking; and the judgment against the executor or |
|administrator, if not satisfied, shall be no bar to the suit or action against the heir or devisee. |
|(Source: R.S. 1874, p. 540.) |
| |
| |
|Illinois Abused and Neglected Child Reporting Act |
| |
|(325 ILCS 5/1) (from Ch. 23, par. 2051) |
| Sec. 1. This Act shall be known and may be cited as the Abused and Neglected Child Reporting Act. |
|(Source: P.A. 79-65.) |
| |
| |
| |
| (325 ILCS 5/2) (from Ch. 23, par. 2052) |
| Sec. 2. (a) The Illinois Department of Children and Family Services shall, upon receiving reports made under this Act, protect |
|the health, safety, and best interests of the child in all situations in which the child is vulnerable to child abuse or neglect, |
|offer protective services in order to prevent any further harm to the child and to other children in the same environment or family, |
|stabilize the home environment, and preserve family life whenever possible. Recognizing that children also can be abused and |
|neglected while living in public or private residential agencies or institutions meant to serve them, while attending day care |
|centers, schools, or religious activities, or when in contact with adults who are responsible for the welfare of the child at that |
|time, this Act also provides for the reporting and investigation of child abuse and neglect in such instances. In performing any of |
|these duties, the Department may utilize such protective services of voluntary agencies as are available. |
| (b) The Department shall be responsible for receiving and investigating reports of adult resident abuse or neglect under the |
|provisions of this Act. |
|(Source: P.A. 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/2.1) (from Ch. 23, par. 2052.1) |
| Sec. 2.1. Any person or family seeking assistance in meeting child care responsibilities may use the services and facilities |
|established by this Act which may assist in meeting such responsibilities. Whether or not the problem presented constitutes child |
|abuse or neglect, such persons or families shall be referred to appropriate resources or agencies. No person seeking assistance under|
|this Section shall be required to give his name or any other identifying information. |
|(Source: P.A. 81-1077.) |
| |
| |
| |
| (325 ILCS 5/3) (from Ch. 23, par. 2053) |
| Sec. 3. As used in this Act unless the context otherwise requires: |
| "Adult resident" means any person between 18 and 22 years of age who resides in any facility licensed by the Department under the|
|Child Care Act of 1969. For purposes of this Act, the criteria set forth in the definitions of "abused child" and "neglected child" |
|shall be used in determining whether an adult resident is abused or neglected. |
| "Blatant disregard" means an incident where the real, significant, and imminent risk of harm would be so obvious to a reasonable |
|parent or caretaker that it is unlikely that a reasonable parent or caretaker would have exposed the child to the danger without |
|exercising precautionary measures to protect the child from harm. |
| "Child" means any person under the age of 18 years, unless legally emancipated by reason of marriage or entry into a branch of |
|the United States armed services. |
| "Department" means Department of Children and Family Services. |
| "Local law enforcement agency" means the police of a city, town, village or other incorporated area or the sheriff of an |
|unincorporated area or any sworn officer of the Illinois Department of State Police. |
| "Abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any |
|individual residing in the same home as the child, or a paramour of the child's parent: |
| (a) inflicts, causes to be inflicted, or allows to be |
| |
| |
|inflicted upon such child physical injury, by other than accidental means, which causes death, disfigurement, impairment of physical |
|or emotional health, or loss or impairment of any bodily function; |
| |
| |
| |
| (b) creates a substantial risk of physical injury to |
| |
| |
|such child by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional |
|health, or loss or impairment of any bodily function; |
| |
| |
| |
| (c) commits or allows to be committed any sex offense |
| |
| |
|against such child, as such sex offenses are defined in the Criminal Code of 2012 or in the Wrongs to Children Act, and extending |
|those definitions of sex offenses to include children under 18 years of age; |
| |
| |
| |
| (d) commits or allows to be committed an act or acts |
| |
| |
|of torture upon such child; |
| |
| |
| |
| (e) inflicts excessive corporal punishment; |
| (f) commits or allows to be committed the offense of |
| |
| |
|female genital mutilation, as defined in Section 12-34 of the Criminal Code of 2012, against the child; |
| |
| |
| |
| (g) causes to be sold, transferred, distributed, or |
| |
| |
|given to such child under 18 years of age, a controlled substance as defined in Section 102 of the Illinois Controlled Substances Act|
|in violation of Article IV of the Illinois Controlled Substances Act or in violation of the Methamphetamine Control and Community |
|Protection Act, except for controlled substances that are prescribed in accordance with Article III of the Illinois Controlled |
|Substances Act and are dispensed to such child in a manner that substantially complies with the prescription; or |
| |
| |
| |
| (h) commits or allows to be committed the offense of |
| |
| |
|involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons as defined in Section 10-9 of the Criminal |
|Code of 2012 against the child. |
| |
| |
| |
| A child shall not be considered abused for the sole reason that the child has been relinquished in accordance with the Abandoned |
|Newborn Infant Protection Act. |
| "Neglected child" means any child who is not receiving the proper or necessary nourishment or medically indicated treatment |
|including food or care not provided solely on the basis of the present or anticipated mental or physical impairment as determined by |
|a physician acting alone or in consultation with other physicians or otherwise is not receiving the proper or necessary support or |
|medical or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for his or |
|her well-being, including adequate food, clothing and shelter; or who is subjected to an environment which is injurious insofar as |
|(i) the child's environment creates a likelihood of harm to the child's health, physical well-being, or welfare and (ii) the likely |
|harm to the child is the result of a blatant disregard of parent or caretaker responsibilities; or who is abandoned by his or her |
|parents or other person responsible for the child's welfare without a proper plan of care; or who has been provided with interim |
|crisis intervention services under Section 3-5 of the Juvenile Court Act of 1987 and whose parent, guardian, or custodian refuses to |
|permit the child to return home and no other living arrangement agreeable to the parent, guardian, or custodian can be made, and the |
|parent, guardian, or custodian has not made any other appropriate living arrangement for the child; or who is a newborn infant whose |
|blood, urine, or meconium contains any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois |
|Controlled Substances Act or a metabolite thereof, with the exception of a controlled substance or metabolite thereof whose presence |
|in the newborn infant is the result of medical treatment administered to the mother or the newborn infant. A child shall not be |
|considered neglected for the sole reason that the child's parent or other person responsible for his or her welfare has left the |
|child in the care of an adult relative for any period of time. A child shall not be considered neglected for the sole reason that the|
|child has been relinquished in accordance with the Abandoned Newborn Infant Protection Act. A child shall not be considered neglected|
|or abused for the sole reason that such child's parent or other person responsible for his or her welfare depends upon spiritual |
|means through prayer alone for the treatment or cure of disease or remedial care as provided under Section 4 of this Act. A child |
|shall not be considered neglected or abused solely because the child is not attending school in accordance with the requirements of |
|Article 26 of The School Code, as amended. |
| "Child Protective Service Unit" means certain specialized State employees of the Department assigned by the Director to perform |
|the duties and responsibilities as provided under Section 7.2 of this Act. |
| "Person responsible for the child's welfare" means the child's parent; guardian; foster parent; relative caregiver; any person |
|responsible for the child's welfare in a public or private residential agency or institution; any person responsible for the child's |
|welfare within a public or private profit or not for profit child care facility; or any other person responsible for the child's |
|welfare at the time of the alleged abuse or neglect, including any person that is the custodian of a child under 18 years of age who |
|commits or allows to be committed, against the child, the offense of involuntary servitude, involuntary sexual servitude of a minor, |
|or trafficking in persons for forced labor or services, as provided in Section 10-9 of the Criminal Code of 2012, or any person who |
|came to know the child through an official capacity or position of trust, including but not limited to health care professionals, |
|educational personnel, recreational supervisors, members of the clergy, and volunteers or support personnel in any setting where |
|children may be subject to abuse or neglect. |
| "Temporary protective custody" means custody within a hospital or other medical facility or a place previously designated for |
|such custody by the Department, subject to review by the Court, including a licensed foster home, group home, or other institution; |
|but such place shall not be a jail or other place for the detention of criminal or juvenile offenders. |
| "An unfounded report" means any report made under this Act for which it is determined after an investigation that no credible |
|evidence of abuse or neglect exists. |
| "An indicated report" means a report made under this Act if an investigation determines that credible evidence of the alleged |
|abuse or neglect exists. |
| "An undetermined report" means any report made under this Act in which it was not possible to initiate or complete an |
|investigation on the basis of information provided to the Department. |
| "Subject of report" means any child reported to the central register of child abuse and neglect established under Section 7.7 of |
|this Act as an alleged victim of child abuse or neglect and the parent or guardian of the alleged victim or other person responsible |
|for the alleged victim's welfare who is named in the report or added to the report as an alleged perpetrator of child abuse or |
|neglect. |
| "Perpetrator" means a person who, as a result of investigation, has been determined by the Department to have caused child abuse |
|or neglect. |
| "Member of the clergy" means a clergyman or practitioner of any religious denomination accredited by the religious body to which |
|he or she belongs. |
|(Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10; 96-1464, eff. 8-20-10; 97-333, eff. 8-12-11; 97-803, eff. 7-13-12; 97-897,|
|eff. 1-1-13; 97-1063, eff. 8-24-12; 97-1150, eff. 1-25-13.) |
| |
| |
| |
| (325 ILCS 5/4) |
| Sec. 4. Persons required to report; privileged communications; transmitting false report. Any physician, resident, intern, |
|hospital, hospital administrator and personnel engaged in examination, care and treatment of persons, surgeon, dentist, dentist |
|hygienist, osteopath, chiropractor, podiatric physician, physician assistant, substance abuse treatment personnel, funeral home |
|director or employee, coroner, medical examiner, emergency medical technician, acupuncturist, crisis line or hotline personnel, |
|school personnel (including administrators and both certified and non-certified school employees), personnel of institutions of |
|higher education, educational advocate assigned to a child pursuant to the School Code, member of a school board or the Chicago Board|
|of Education or the governing body of a private school (but only to the extent required in accordance with other provisions of this |
|Section expressly concerning the duty of school board members to report suspected child abuse), truant officers, social worker, |
|social services administrator, domestic violence program personnel, registered nurse, licensed practical nurse, genetic counselor, |
|respiratory care practitioner, advanced practice nurse, home health aide, director or staff assistant of a nursery school or a child |
|day care center, recreational or athletic program or facility personnel, early intervention provider as defined in the Early |
|Intervention Services System Act, law enforcement officer, licensed professional counselor, licensed clinical professional counselor,|
|registered psychologist and assistants working under the direct supervision of a psychologist, psychiatrist, or field personnel of |
|the Department of Healthcare and Family Services, Juvenile Justice, Public Health, Human Services (acting as successor to the |
|Department of Mental Health and Developmental Disabilities, Rehabilitation Services, or Public Aid), Corrections, Human Rights, or |
|Children and Family Services, supervisor and administrator of general assistance under the Illinois Public Aid Code, probation |
|officer, animal control officer or Illinois Department of Agriculture Bureau of Animal Health and Welfare field investigator, or any |
|other foster parent, homemaker or child care worker having reasonable cause to believe a child known to them in their professional or|
|official capacity may be an abused child or a neglected child shall immediately report or cause a report to be made to the |
|Department. |
| 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 item (c) of the definition of "abused child" in Section 3 of this Act |
|shall immediately report or cause a report to be made to the Department. |
| Any physician, physician's assistant, registered nurse, licensed practical nurse, medical technician, certified nursing |
|assistant, social worker, or licensed professional counselor of any office, clinic, or any other physical location that provides |
|abortions, abortion referrals, or contraceptives having reasonable cause to believe a child known to him or her in his or her |
|professional or official capacity may be an abused child or a neglected child shall immediately report or cause a report to be made |
|to the Department. |
| If an allegation is raised to a school board member during the course of an open or closed school board meeting that a child who |
|is enrolled in the school district of which he or she is a board member is an abused child as defined in Section 3 of this Act, the |
|member shall direct or cause the school board to direct the superintendent of the school district or other equivalent school |
|administrator to comply with the requirements of this Act concerning the reporting of child abuse. For purposes of this paragraph, a |
|school board member is granted the authority in his or her individual capacity to direct the superintendent of the school district or|
|other equivalent school administrator to comply with the requirements of this Act concerning the reporting of child abuse. |
| Notwithstanding any other provision of this Act, if an employee of a school district has made a report or caused a report to be |
|made to the Department under this Act involving the conduct of a current or former employee of the school district and a request is |
|made by another school district for the provision of information concerning the job performance or qualifications of the current or |
|former employee because he or she is an applicant for employment with the requesting school district, the general superintendent of |
|the school district to which the request is being made must disclose to the requesting school district the fact that an employee of |
|the school district has made a report involving the conduct of the applicant or caused a report to be made to the Department, as |
|required under this Act. Only the fact that an employee of the school district has made a report involving the conduct of the |
|applicant or caused a report to be made to the Department may be disclosed by the general superintendent of the school district to |
|which the request for information concerning the applicant is made, and this fact may be disclosed only in cases where the employee |
|and the general superintendent have not been informed by the Department that the allegations were unfounded. An employee of a school |
|district who is or has been the subject of a report made pursuant to this Act during his or her employment with the school district |
|must be informed by that school district that if he or she applies for employment with another school district, the general |
|superintendent of the former school district, upon the request of the school district to which the employee applies, shall notify |
|that requesting school district that the employee is or was the subject of such a report. |
| Whenever such person is required to report under this Act in his 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 the provisions of this 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 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 his 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. |
| The privileged quality of communication between any professional person required to report and his 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 this|
|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. |
| The reporting requirements of this Act shall not apply to the contents of a privileged communication between an attorney and his |
|or her client or to confidential information within the meaning of Rule 1.6 of the Illinois Rules of Professional Conduct relating to|
|the legal representation of an individual client. |
| A member of the clergy may claim the privilege under Section 8-803 of the Code of Civil Procedure. |
| Any office, clinic, or any other physical location that provides abortions, abortion referrals, or contraceptives shall provide |
|to all office personnel copies of written information and training materials about abuse and neglect and the requirements of this Act|
|that are provided to employees of the office, clinic, or physical location who are required to make reports to the Department under |
|this Act, and instruct such office personnel to bring to the attention of an employee of the office, clinic, or physical location who|
|is required to make reports to the Department under this Act any reasonable suspicion that a child known to him or her in his or her |
|professional or official capacity may be an abused child or a neglected child. In addition to the above persons required to report |
|suspected cases of abused or neglected children, any other person may make a report if such person has reasonable cause to believe a |
|child may be an abused child or a neglected child. |
| Any person who enters into employment on and after July 1, 1986 and is mandated by virtue of that employment to report under this|
|Act, shall sign a statement on a form prescribed by the Department, to the effect that the employee has knowledge and understanding |
|of the reporting requirements of this Act. The statement shall be signed prior to commencement of the employment. The signed |
|statement shall be retained by the employer. The cost of printing, distribution, and filing of the statement shall be borne by the |
|employer. |
| Within one year of initial employment and at least every 5 years thereafter, school personnel required to report child abuse as |
|provided under this Section must complete mandated reporter training by a provider or agency with expertise in recognizing and |
|reporting child abuse. |
| The Department shall provide copies of this Act, upon request, to all employers employing persons who shall be required under the|
|provisions of this Section to report under this Act. |
| Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection |
|(a)(7) of Section 26-1 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 this Section other than a second or subsequent violation of |
|transmitting a false report as described in the preceding paragraph, is guilty of a Class A misdemeanor for a first violation and a |
|Class 4 felony for a second or subsequent violation; except that if the person acted as part of a plan or scheme having as its object|
|the prevention of discovery of an abused or neglected child by lawful authorities for the purpose of protecting or insulating any |
|person or entity from arrest or prosecution, the person is guilty of a Class 4 felony for a first offense and a Class 3 felony for a |
|second or subsequent offense (regardless of whether the second or subsequent offense involves any of the same facts or persons as the|
|first or other prior offense). |
| 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. |
| A child shall not be considered neglected or abused solely because the child is not attending school in accordance with the |
|requirements of Article 26 of the School Code, as amended. |
| Nothing in this Act prohibits a mandated reporter who reasonably believes that an animal is being abused or neglected in |
|violation of the Humane Care for Animals Act from reporting animal abuse or neglect to the Department of Agriculture's Bureau of |
|Animal Health and Welfare. |
| A home rule unit may not regulate the reporting of child abuse or neglect in a manner inconsistent with the provisions of this |
|Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent|
|exercise by home rule units of powers and functions exercised by the State. |
| For purposes of this Section "child abuse or neglect" includes abuse or neglect of an adult resident as defined in this Act. |
|(Source: P.A. 97-189, eff. 7-22-11; 97-254, eff. 1-1-12; 97-387, eff. 8-15-11; 97-711, eff. 6-27-12; 97-813, eff. 7-13-12; 97-1150, |
|eff. 1-25-13; 98-67, eff. 7-15-13; 98-214, eff. 8-9-13; 98-408, eff. 7-1-14; 98-756, eff. 7-16-14.) |
| |
| |
| |
| (325 ILCS 5/4.02) (from Ch. 23, par. 2054.02) |
| Sec. 4.02. Any physician who willfully fails to report suspected child abuse or neglect as required by this Act shall be referred|
|to the Illinois State Medical Disciplinary Board for action in accordance with paragraph 22 of Section 22 of the Medical Practice Act|
|of 1987. Any dentist or dental hygienist who willfully fails to report suspected child abuse or neglect as required by this Act shall|
|be referred to the Department of Professional Regulation for action in accordance with paragraph 19 of Section 23 of the Illinois |
|Dental Practice Act. Any other person required by this Act to report suspected child abuse and neglect who willfully fails to report |
|such is guilty of a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation. |
|(Source: P.A. 91-197, eff. 1-1-00; 92-801, eff. 8-16-02.) |
| |
| |
| |
| (325 ILCS 5/4.1) (from Ch. 23, par. 2054.1) |
| Sec. 4.1. Any person required to report under this Act who has reasonable cause to suspect that a child has died as a result of |
|abuse or neglect shall also immediately report his suspicion to the appropriate medical examiner or coroner. Any other person who has|
|reasonable cause to believe that a child has died as a result of abuse or neglect may report his suspicion to the appropriate medical|
|examiner or coroner. The medical examiner or coroner shall investigate the report and communicate his apparent gross findings, |
|orally, immediately upon completion of the gross autopsy, but in all cases within 72 hours and within 21 days in writing, to the |
|local law enforcement agency, the appropriate State's attorney, the Department and, if the institution making the report is a |
|hospital, the hospital. The child protective investigator assigned to the death investigation shall have the right to require a copy |
|of the completed autopsy report from the coroner or medical examiner. |
|(Source: P.A. 85-193.) |
| |
| |
| |
| (325 ILCS 5/4.2) |
| Sec. 4.2. Departmental report on death or serious life-threatening injury of child. |
| (a) In the case of the death or serious life-threatening injury of a child whose care and custody or custody and guardianship has|
|been transferred to the Department, or in the case of a child abuse or neglect report made to the central register involving the |
|death of a child, the Department shall (i) investigate or provide for an investigation of the cause of and circumstances surrounding |
|the death or serious life-threatening injury, (ii) review the investigation, and (iii) prepare and issue a report on the death or |
|serious life-threatening injury. |
| (b) The report shall include (i) the cause of death or serious life-threatening injury, whether from natural or other causes, |
|(ii) any extraordinary or pertinent information concerning the circumstances of the child's death or serious life-threatening injury,|
|(iii) identification of child protective or other social services provided or actions taken regarding the child or his or her family |
|at the time of the death or serious life-threatening injury or within the preceding 5 years, (iv) any action or further investigation|
|undertaken by the Department since the death or serious life-threatening injury of the child, (v) as appropriate, recommendations for|
|State administrative or policy changes, (vi) whether the alleged perpetrator of the abuse or neglect has been charged with committing|
|a crime related to the report and allegation of abuse or neglect, and (vii) a copy of any documents, files, records, books, and |
|papers created or used in connection with the Department's investigation of the death or serious life-threatening injury of the |
|child. In any case involving the death or near death of a child, when a person responsible for the child has been charged with |
|committing a crime that results in the child's death or near death, there shall be a presumption that the best interest of the public|
|will be served by public disclosure of certain information concerning the circumstances of the investigations of the death or near |
|death of the child and any other investigations concerning that child or other children living in the same household. |
| If the Department receives from the public a request for information relating to a case of child abuse or neglect involving the |
|death or serious life-threatening injury of a child, the Director shall consult with the State's Attorney in the county of venue and |
|release the report related to the case, except for the following, which may be redacted from the information disclosed to the public:|
|any mental health or psychological information that is confidential as otherwise provided in State law; privileged communications of |
|an attorney; the identity of the individual or individuals, if known, who made the report; information that may cause mental or |
|physical harm to a sibling or another child living in the household; information that may undermine an ongoing criminal |
|investigation; and any information prohibited from disclosure by federal law or regulation. Any information provided by an adult |
|subject of a report that is released about the case in a public forum shall be subject to disclosure upon a public information |
|request. Information about the case shall also be subject to disclosure upon consent of an adult subject. Information about the case |
|shall also be subject to disclosure if it has been publicly disclosed in a report by a law enforcement agency or official, a State's |
|Attorney, a judge, or any other State or local investigative agency or official. Except as it may apply directly to the cause of the |
|death or serious life-threatening injury of the child, nothing in this Section shall be deemed to authorize the release or disclosure|
|to the public of the substance or content of any psychological, psychiatric, therapeutic, clinical, or medical reports, evaluation, |
|or like materials or information pertaining to the child or the child's family. |
| (c) No later than 6 months after the date of the death or serious life-threatening injury of the child, the Department shall |
|notify the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority |
|Leader of the House of Representatives, and the members of the Senate and the House of Representatives in whose district the child's |
|death or serious life-threatening injury occurred upon the completion of each report and shall submit an annual cumulative report to |
|the Governor and the General Assembly incorporating cumulative data about the above reports and including appropriate findings and |
|recommendations. The reports required by this subsection (c) shall be made available to the public after completion or submittal. |
| (d) To enable the Department to prepare the report, the Department may request and shall timely receive from departments, boards,|
|bureaus, or other agencies of the State, or any of its political subdivisions, or any duly authorized agency, or any other agency |
|which provided assistance, care, or services to the deceased or injured child any information they are authorized to provide. |
|(Source: P.A. 97-1068, eff. 1-1-13.) |
| |
| |
| |
| (325 ILCS 5/4.3) |
| Sec. 4.3. DCFS duty to report. The Department shall report the disappearance of any child under its custody or guardianship to |
|the local law enforcement agency working in cooperation with the State Missing Persons Clearinghouse. |
|(Source: P.A. 97-938, eff. 1-1-13.) |
| |
| |
| |
| (325 ILCS 5/4.4) |
| Sec. 4.4. DCFS duty to report to State's Attorney. Whenever the Department receives, by means of its statewide toll-free |
|telephone number established under Section 7.6 for the purpose of reporting suspected child abuse or neglect or by any other means or|
|from any mandated reporter under Section 4, a report of a newborn infant whose blood, urine, or meconium contains any amount of a |
|controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act or a metabolite thereof, |
|with the exception of a controlled substance or metabolite thereof whose presence in the newborn infant is the result of medical |
|treatment administered to the mother or the newborn infant, the Department must immediately report that information to the State's |
|Attorney of the county in which the infant was born. |
|(Source: P.A. 95-361, eff. 8-23-07.) |
| |
| |
| |
| (325 ILCS 5/4.4a) |
| Sec. 4.4a. Department of Children and Family Services duty to report to Department of Human Services' Office of Inspector |
|General. Whenever the Department receives, by means of its statewide toll-free telephone number established under Section 7.6 for the|
|purpose of reporting suspected child abuse or neglect or by any other means or from any mandated reporter under Section 4 of this |
|Act, a report of suspected abuse, neglect, or financial exploitation of a disabled adult between the ages of 18 and 59 and who is not|
|residing in a DCFS licensed facility, the Department shall instruct the reporter to contact the Department of Human Services' Office |
|of the Inspector General and shall provide the reporter with the statewide, 24-hour toll-free telephone number established and |
|maintained by the Department of Human Services' Office of the Inspector General. |
|(Source: P.A. 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/4.5) |
| Sec. 4.5. Electronic and information technology workers; reporting child pornography. |
| (a) In this Section: |
| "Child pornography" means child pornography as described in Section 11-20.1 of the Criminal Code of 2012. |
| "Electronic and information technology equipment" means equipment used in the creation, manipulation, storage, display, or |
|transmission of data, including internet and intranet systems, software applications, operating systems, video and multimedia, |
|telecommunications products, kiosks, information transaction machines, copiers, printers, and desktop and portable computers. |
| "Electronic and information technology equipment worker" means a person who in the scope and course of his or her employment or |
|business installs, repairs, or otherwise services electronic and information technology equipment for a fee but does not include (i) |
|an employee, independent contractor, or other agent of a telecommunications carrier or telephone or telecommunications cooperative, |
|as those terms are defined in the Public Utilities Act, or (ii) an employee, independent contractor, or other agent of a provider of |
|commercial mobile radio service, as defined in 47 C.F.R. 20.3. |
| (b) If an electronic and information technology equipment worker discovers any depiction of child pornography while installing, |
|repairing, or otherwise servicing an item of electronic and information technology equipment, that worker or the worker's employer |
|shall immediately report the discovery to the local law enforcement agency or to the Cyber Tipline at the National Center for Missing|
|& Exploited Children. |
| (c) If a report is filed in accordance with the requirements of 42 U.S.C. 13032, the requirements of this Section 4.5 will be |
|deemed to have been met. |
| (d) An electronic and information technology equipment worker or electronic and information technology equipment worker's |
|employer who reports a discovery of child pornography as required under this Section is immune from any criminal, civil, or |
|administrative liability in connection with making the report, except for willful or wanton misconduct. |
| (e) Failure to report a discovery of child pornography as required under this Section is a business offense subject to a fine of |
|$1,001. |
|(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) |
| |
| |
| |
| (325 ILCS 5/5) (from Ch. 23, par. 2055) |
| Sec. 5. An officer of a local law enforcement agency, designated employee of the Department, or a physician treating a child may |
|take or retain temporary protective custody of the child without the consent of the person responsible for the child's welfare, if |
|(1) he has reason to believe that the child cannot be cared for at home or in the custody of the person responsible for the child's |
|welfare without endangering the child's health or safety; and (2) there is not time to apply for a court order under the Juvenile |
|Court Act of 1987 for temporary custody of the child. The person taking or retaining a child in temporary protective custody shall |
|immediately make every reasonable effort to notify the person responsible for the child's welfare and shall immediately notify the |
|Department. The Department shall provide to the temporary caretaker of a child any information in the Department's possession |
|concerning the positive results of a test performed on the child to determine the presence of the antibody or antigen to Human |
|Immunodeficiency Virus (HIV), or of HIV infection, as well as any communicable diseases or communicable infections that the child |
|has. The temporary caretaker of a child shall not disclose to another person any information received by the temporary caretaker from|
|the Department concerning the results of a test performed on the child to determine the presence of the antibody or antigen to HIV, |
|or of HIV infection, except pursuant to Section 9 of the AIDS Confidentiality Act, as now or hereafter amended. The Department shall |
|promptly initiate proceedings under the Juvenile Court Act of 1987 for the continued temporary custody of the child. |
| Where the physician keeping a child in his custody does so in his capacity as a member of the staff of a hospital or similar |
|institution, he shall notify the person in charge of the institution or his designated agent, who shall then become responsible for |
|the further care of such child in the hospital or similar institution under the direction of the Department. |
| Said care includes, but is not limited to the granting of permission to perform emergency medical treatment to a minor where the |
|treatment itself does not involve a substantial risk of harm to the minor and the failure to render such treatment will likely result|
|in death or permanent harm to the minor, and there is not time to apply for a court order under the Juvenile Court Act of 1987. |
| Any person authorized and acting in good faith in the removal of a child under this Section shall have immunity from any |
|liability, civil or criminal that might otherwise be incurred or imposed as a result of such removal. Any physician authorized and |
|acting in good faith and in accordance with acceptable medical practice in the treatment of a child under this Section shall have |
|immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of granting permission for |
|emergency treatment. |
| With respect to any child taken into temporary protective custody pursuant to this Section, the Department of Children and Family|
|Services Guardianship Administrator or his designee shall be deemed the child's legally authorized representative for purposes of |
|consenting to an HIV test if deemed necessary and appropriate by the Department's Guardianship Administrator or designee and |
|obtaining and disclosing information concerning such test pursuant to the AIDS Confidentiality Act if deemed necessary and |
|appropriate by the Department's Guardianship Administrator or designee and for purposes of consenting to the release of information |
|pursuant to the Illinois Sexually Transmissible Disease Control Act if deemed necessary and appropriate by the Department's |
|Guardianship Administrator or designee. |
| Any person who administers an HIV test upon the consent of the Department of Children and Family Services Guardianship |
|Administrator or his designee, or who discloses the results of such tests to the Department's Guardianship Administrator or his |
|designee, shall have immunity from any liability, civil, criminal or otherwise, that might result by reason of such actions. For the |
|purpose of any proceedings, civil or criminal, the good faith of any persons required to administer or disclose the results of tests,|
|or permitted to take such actions, shall be presumed. |
|(Source: P.A. 90-28, eff. 1-1-98.) |
| |
| |
| |
| (325 ILCS 5/6) (from Ch. 23, par. 2056) |
| Sec. 6. Any person required to investigate cases of suspected child abuse or neglect may take or cause to be taken, at Department|
|expense, color photographs and x-rays of the child who is the subject of a report, and color photographs of the physical environment |
|in which the alleged abuse or neglect has taken place. The person seeking to take such photographs or x-rays shall make every |
|reasonable effort to notify the person responsible for the child's welfare. |
|(Source: P.A. 84-611.) |
| |
| |
| |
| (325 ILCS 5/7) (from Ch. 23, par. 2057) |
| Sec. 7. Time and manner of making reports. All reports of suspected child abuse or neglect made under this Act shall be made |
|immediately by telephone to the central register established under Section 7.7 on the single, State-wide, toll-free telephone number |
|established in Section 7.6, or in person or by telephone through the nearest Department office. The Department shall, in cooperation |
|with school officials, distribute appropriate materials in school buildings listing the toll-free telephone number established in |
|Section 7.6, including methods of making a report under this Act. The Department may, in cooperation with appropriate members of the |
|clergy, distribute appropriate materials in churches, synagogues, temples, mosques, or other religious buildings listing the |
|toll-free telephone number established in Section 7.6, including methods of making a report under this Act. |
| Wherever the Statewide number is posted, there shall also be posted the following notice: |
| "Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection |
|(a)(7) of Section 26-1 of the Criminal Code of 2012. A violation of this subsection is a Class 4 felony." |
| The report required by this Act shall include, if known, the name and address of the child and his parents or other persons |
|having his custody; the child's age; the nature of the child's condition including any evidence of previous injuries or disabilities;|
|and any other information that the person filing the report believes might be helpful in establishing the cause of such abuse or |
|neglect and the identity of the person believed to have caused such abuse or neglect. Reports made to the central register through |
|the State-wide, toll-free telephone number shall be immediately transmitted by the Department to the appropriate Child Protective |
|Service Unit. All such reports alleging the death of a child, serious injury to a child including, but not limited to, brain damage, |
|skull fractures, subdural hematomas, and internal injuries, torture of a child, malnutrition of a child, and sexual abuse to a child,|
|including, but not limited to, sexual intercourse, sexual exploitation, sexual molestation, and sexually transmitted disease in a |
|child age 12 and under, shall also be immediately transmitted by the Department to the appropriate local law enforcement agency. The |
|Department shall within 24 hours orally notify local law enforcement personnel and the office of the State's Attorney of the involved|
|county of the receipt of any report alleging the death of a child, serious injury to a child including, but not limited to, brain |
|damage, skull fractures, subdural hematomas, and, internal injuries, torture of a child, malnutrition of a child, and sexual abuse to|
|a child, including, but not limited to, sexual intercourse, sexual exploitation, sexual molestation, and sexually transmitted disease|
|in a child age twelve and under. All oral reports made by the Department to local law enforcement personnel and the office of the |
|State's Attorney of the involved county shall be confirmed in writing within 24 hours of the oral report. All reports by persons |
|mandated to report under this Act shall be confirmed in writing to the appropriate Child Protective Service Unit, which may be on |
|forms supplied by the Department, within 48 hours of any initial report. |
| Written confirmation reports from persons not required to report by this Act may be made to the appropriate Child Protective |
|Service Unit. Written reports from persons required by this Act to report shall be admissible in evidence in any judicial proceeding |
|or administrative hearing relating to child abuse or neglect. Reports involving known or suspected child abuse or neglect in public |
|or private residential agencies or institutions shall be made and received in the same manner as all other reports made under this |
|Act. |
| For purposes of this Section "child" includes an adult resident as defined in this Act. |
|(Source: P.A. 96-1446, eff. 8-20-10; 97-189, eff. 7-22-11; 97-387, eff. 8-15-11; 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.) |
| |
| |
| |
| (325 ILCS 5/7.1) (from Ch. 23, par. 2057.1) |
| Sec. 7.1. (a) To the fullest extent feasible, the Department shall cooperate with and shall seek the cooperation and involvement |
|of all appropriate public and private agencies, including health, education, social service and law enforcement agencies, religious |
|institutions, courts of competent jurisdiction, and agencies, organizations, or programs providing or concerned with human services |
|related to the prevention, identification or treatment of child abuse or neglect. |
| Such cooperation and involvement shall include joint consultation and services, joint planning, joint case management, joint |
|public education and information services, joint utilization of facilities, joint staff development and other training, and the |
|creation of multidisciplinary case diagnostic, case handling, case management, and policy planning teams. Such cooperation and |
|involvement shall also include consultation and planning with the Illinois Department of Human Services regarding referrals to |
|designated perinatal centers of newborn children requiring protective custody under this Act, whose life or development may be |
|threatened by a developmental disability or handicapping condition. |
| For implementing such intergovernmental cooperation and involvement, units of local government and public and private agencies |
|may apply for and receive federal or State funds from the Department under this Act or seek and receive gifts from local |
|philanthropic or other private local sources in order to augment any State funds appropriated for the purposes of this Act. |
| (b) The Department may establish up to 5 demonstrations of multidisciplinary teams to advise, review and monitor cases of child |
|abuse and neglect brought by the Department or any member of the team. The Director shall determine the criteria by which certain |
|cases of child abuse or neglect are brought to the multidisciplinary teams. The criteria shall include but not be limited to |
|geographic area and classification of certain cases where allegations are of a severe nature. Each multidisciplinary team shall |
|consist of 7 to 10 members appointed by the Director, including, but not limited to representatives from the medical, mental health, |
|educational, juvenile justice, law enforcement and social service fields. |
|(Source: P.A. 92-801, eff. 8-16-02.) |
| |
| |
| |
| (325 ILCS 5/7.2) (from Ch. 23, par. 2057.2) |
| Sec. 7.2. The Department shall establish a Child Protective Service Unit within each geographic region as designated by the |
|Director of the Department. The Child Protective Service Unit shall perform those functions assigned by this Act to it and only such |
|others that would further the purposes of this Act. It shall have a sufficient staff of qualified personnel to fulfill the purpose of|
|this Act and be organized in such a way as to maximize the continuity of responsibility, care and service of the individual workers |
|toward the individual children and families. |
| The Child Protective Service Unit shall designate members of each unit to receive specialty training to serve as special |
|consultants to unit staff and the public in the areas of child sexual abuse, child deaths and injuries, and out-of-home |
|investigations. |
|(Source: P.A. 85-1440.) |
| |
| |
| |
| (325 ILCS 5/7.3) (from Ch. 23, par. 2057.3) |
| Sec. 7.3. (a) The Department shall be the sole agency responsible for receiving and investigating reports of child abuse or |
|neglect made under this Act, including reports of adult resident abuse or neglect as defined in this Act, except where investigations|
|by other agencies may be required with respect to reports alleging the death of a child, serious injury to a child or sexual abuse to|
|a child made pursuant to Sections 4.1 or 7 of this Act, and except that the Department may delegate the performance of the |
|investigation to the Department of State Police, a law enforcement agency and to those private social service agencies which have |
|been designated for this purpose by the Department prior to July 1, 1980. |
| (b) Notwithstanding any other provision of this Act, the Department shall adopt rules expressly allowing law enforcement |
|personnel to investigate reports of suspected child abuse or neglect concurrently with the Department, without regard to whether the |
|Department determines a report to be "indicated" or "unfounded" or deems a report to be "undetermined". |
|(Source: P.A. 95-57, eff. 8-10-07; 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/7.3a) (from Ch. 23, par. 2057.3a) |
| Sec. 7.3a. The Director of the Department shall appoint a Perinatal Coordinator who shall be a physician licensed to practice |
|medicine in all its branches with a specialty certification in pediatric care. Such coordinator, or other designated medical |
|specialists, shall review all reports of suspected medical neglect involving newborns or infants, coordinate the evaluation of the |
|subject of such report, and assist in necessary referrals to appropriate perinatal medical care and treatment. When the Perinatal |
|Coordinator or other designated medical specialists, alone or in consultation with an infant care review committee established by a |
|medical facility, determine that a newborn or infant child is being neglected as defined in Section 3 of this Act, a designated |
|employee of the Department shall take the steps necessary to protect such newborn or infant child's life or health, including but not|
|limited to taking temporary protective custody. |
|(Source: P.A. 83-1248.) |
| |
| |
| |
| (325 ILCS 5/7.3b) (from Ch. 23, par. 2057.3b) |
| Sec. 7.3b. All persons required to report under Section 4 may refer to the Department of Human Services any pregnant person in |
|this State who is addicted as defined in the Alcoholism and Other Drug Abuse and Dependency Act. The Department of Human Services |
|shall notify the local Infant Mortality Reduction Network service provider or Department funded prenatal care provider in the area in|
|which the person resides. The service provider shall prepare a case management plan and assist the pregnant woman in obtaining |
|counseling and treatment from a local substance abuse service provider licensed by the Department of Human Services or a licensed |
|hospital which provides substance abuse treatment services. The local Infant Mortality Reduction Network service provider and |
|Department funded prenatal care provider shall monitor the pregnant woman through the service program. The Department of Human |
|Services shall have the authority to promulgate rules and regulations to implement this Section. |
|(Source: P.A. 88-670, eff. 12-2-94; 89-507 (Sections 9C-25 and 9M-5), eff. 7-1-97.) |
| |
| |
| |
| (325 ILCS 5/7.3c) |
| Sec. 7.3c. Substance abuse services for women with children. |
| The Department of Human Services and the Department of Children and Family Services shall develop a community based system of |
|integrated child welfare and substance abuse services for the purpose of providing safety and protection for children, improving |
|adult health and parenting outcomes, and improving family outcomes. |
| The Department of Children and Family Services, in cooperation with the Department of Human Services, shall develop case |
|management protocols for DCFS clients with substance abuse problems. The Departments may establish pilot programs designed to test |
|the most effective approaches to case-management. The Departments shall evaluate the effectiveness of these pilot programs and report|
|to the Governor and the General Assembly on an annual basis. |
|(Source: P.A. 89-268, eff. 1-1-96; 89-507, eff. 7-1-97.) |
| |
| |
| |
| (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4) |
| Sec. 7.4. (a) The Department shall be capable of receiving reports of suspected child abuse or neglect 24 hours a day, 7 days a |
|week. Whenever the Department receives a report alleging that a child is a truant as defined in Section 26-2a of The School Code, as |
|now or hereafter amended, the Department shall notify the superintendent of the school district in which the child resides and the |
|appropriate superintendent of the educational service region. The notification to the appropriate officials by the Department shall |
|not be considered an allegation of abuse or neglect under this Act. |
| (a-5) Beginning January 1, 2010, the Department of Children and Family Services may implement a 5-year demonstration of a |
|"differential response program" in accordance with criteria, standards, and procedures prescribed by rule. The program may provide |
|that, upon receiving a report, the Department shall determine whether to conduct a family assessment or an investigation as |
|appropriate to prevent or provide a remedy for child abuse or neglect. |
| For purposes of this subsection (a-5), "family assessment" means a comprehensive assessment of child safety, risk of subsequent |
|child maltreatment, and family strengths and needs that is applied to a child maltreatment report that does not allege substantial |
|child endangerment. "Family assessment" does not include a determination as to whether child maltreatment occurred but does determine|
|the need for services to address the safety of family members and the risk of subsequent maltreatment. |
| For purposes of this subsection (a-5), "investigation" means fact-gathering related to the current safety of a child and the risk|
|of subsequent abuse or neglect that determines whether a report of suspected child abuse or neglect should be indicated or unfounded |
|and whether child protective services are needed. |
| Under the "differential response program" implemented under this subsection (a-5), the Department: |
| (1) Shall conduct an investigation on reports |
| |
| |
|involving substantial child abuse or neglect. |
| |
| |
| |
| (2) Shall begin an immediate investigation if, at any |
| |
| |
|time when it is using a family assessment response, it determines that there is reason to believe that substantial child abuse or |
|neglect or a serious threat to the child's safety exists. |
| |
| |
| |
| (3) May conduct a family assessment for reports that |
| |
| |
|do not allege substantial child endangerment. In determining that a family assessment is appropriate, the Department may consider |
|issues including, but not limited to, child safety, parental cooperation, and the need for an immediate response. |
| |
| |
| |
| (4) Shall promulgate criteria, standards, and |
| |
| |
|procedures that shall be applied in making this determination, taking into consideration the Child Endangerment Risk Assessment |
|Protocol of the Department. |
| |
| |
| |
| (5) May conduct a family assessment on a report that |
| |
| |
|was initially screened and assigned for an investigation. |
| |
| |
| |
| In determining that a complete investigation is not required, the Department must document the reason for terminating the |
|investigation and notify the local law enforcement agency or the Department of State Police if the local law enforcement agency or |
|Department of State Police is conducting a joint investigation. |
| Once it is determined that a "family assessment" will be implemented, the case shall not be reported to the central register of |
|abuse and neglect reports. |
| During a family assessment, the Department shall collect any available and relevant information to determine child safety, risk |
|of subsequent abuse or neglect, and family strengths. |
| Information collected includes, but is not limited to, when relevant: information with regard to the person reporting the alleged|
|abuse or neglect, including the nature of the reporter's relationship to the child and to the alleged offender, and the basis of the |
|reporter's knowledge for the report; the child allegedly being abused or neglected; the alleged offender; the child's caretaker; and |
|other collateral sources having relevant information related to the alleged abuse or neglect. Information relevant to the assessment |
|must be asked for, and may include: |
| (A) The child's sex and age, prior reports of abuse |
| |
| |
|or neglect, information relating to developmental functioning, credibility of the child's statement, and whether the information |
|provided under this paragraph (A) is consistent with other information collected during the course of the assessment or |
|investigation. |
| |
| |
| |
| (B) The alleged offender's age, a record check for |
| |
| |
|prior reports of abuse or neglect, and criminal charges and convictions. The alleged offender may submit supporting documentation |
|relevant to the assessment. |
| |
| |
| |
| (C) Collateral source information regarding the |
| |
| |
|alleged abuse or neglect and care of the child. Collateral information includes, when relevant: (i) a medical examination of the |
|child; (ii) prior medical records relating to the alleged maltreatment or care of the child maintained by any facility, clinic, or |
|health care professional, and an interview with the treating professionals; and (iii) interviews with the child's caretakers, |
|including the child's parent, guardian, foster parent, child care provider, teachers, counselors, family members, relatives, and |
|other persons who may have knowledge regarding the alleged maltreatment and the care of the child. |
| |
| |
| |
| (D) Information on the existence of domestic abuse |
| |
| |
|and violence in the home of the child, and substance abuse. |
| |
| |
| |
| Nothing in this subsection (a-5) precludes the Department from collecting other relevant information necessary to conduct the |
|assessment or investigation. Nothing in this subsection (a-5) shall be construed to allow the name or identity of a reporter to be |
|disclosed in violation of the protections afforded under Section 7.19 of this Act. |
| After conducting the family assessment, the Department shall determine whether services are needed to address the safety of the |
|child and other family members and the risk of subsequent abuse or neglect. |
| Upon completion of the family assessment, if the Department concludes that no services shall be offered, then the case shall be |
|closed. If the Department concludes that services shall be offered, the Department shall develop a family preservation plan and offer|
|or refer services to the family. |
| At any time during a family assessment, if the Department believes there is any reason to stop the assessment and conduct an |
|investigation based on the information discovered, the Department shall do so. |
| The procedures available to the Department in conducting investigations under this Act shall be followed as appropriate during a |
|family assessment. |
| The Department shall arrange for an independent evaluation of the "differential response program" authorized and implemented |
|under this subsection (a-5) to determine whether it is meeting the goals in accordance with Section 2 of this Act. The Department may|
|adopt administrative rules necessary for the execution of this Section, in accordance with Section 4 of the Children and Family |
|Services Act. |
| The demonstration conducted under this subsection (a-5) shall become a permanent program on July 1, 2016, upon completion of the |
|demonstration project period. |
| (b)(1) The following procedures shall be followed in the investigation of all reports of suspected abuse or neglect of a child, |
|except as provided in subsection (c) of this Section. |
| (2) If, during a family assessment authorized by subsection (a-5) or an investigation, it appears that the immediate safety or |
|well-being of a child is endangered, that the family may flee or the child disappear, or that the facts otherwise so warrant, the |
|Child Protective Service Unit shall commence an investigation immediately, regardless of the time of day or night. All other |
|investigations shall be commenced within 24 hours of receipt of the report. Upon receipt of a report, the Child Protective Service |
|Unit shall conduct a family assessment authorized by subsection (a-5) or begin an initial investigation and make an initial |
|determination whether the report is a good faith indication of alleged child abuse or neglect. |
| (3) Based on an initial investigation, if the Unit determines the report is a good faith indication of alleged child abuse or |
|neglect, then a formal investigation shall commence and, pursuant to Section 7.12 of this Act, may or may not result in an indicated |
|report. The formal investigation shall include: direct contact with the subject or subjects of the report as soon as possible after |
|the report is received; an evaluation of the environment of the child named in the report and any other children in the same |
|environment; a determination of the risk to such children if they continue to remain in the existing environments, as well as a |
|determination of the nature, extent and cause of any condition enumerated in such report; the name, age and condition of other |
|children in the environment; and an evaluation as to whether there would be an immediate and urgent necessity to remove the child |
|from the environment if appropriate family preservation services were provided. After seeing to the safety of the child or children, |
|the Department shall forthwith notify the subjects of the report in writing, of the existence of the report and their rights existing|
|under this Act in regard to amendment or expungement. To fulfill the requirements of this Section, the Child Protective Service Unit |
|shall have the capability of providing or arranging for comprehensive emergency services to children and families at all times of the|
|day or night. |
| (4) If (i) at the conclusion of the Unit's initial investigation of a report, the Unit determines the report to be a good faith |
|indication of alleged child abuse or neglect that warrants a formal investigation by the Unit, the Department, any law enforcement |
|agency or any other responsible agency and (ii) the person who is alleged to have caused the abuse or neglect is employed or |
|otherwise engaged in an activity resulting in frequent contact with children and the alleged abuse or neglect are in the course of |
|such employment or activity, then the Department shall, except in investigations where the Director determines that such notification|
|would be detrimental to the Department's investigation, inform the appropriate supervisor or administrator of that employment or |
|activity that the Unit has commenced a formal investigation pursuant to this Act, which may or may not result in an indicated report.|
|The Department shall also notify the person being investigated, unless the Director determines that such notification would be |
|detrimental to the Department's investigation. |
| (c) In an investigation of a report of suspected abuse or neglect of a child by a school employee at a school or on school |
|grounds, the Department shall make reasonable efforts to follow the following procedures: |
| (1) Investigations involving teachers shall not, to |
| |
| |
|the extent possible, be conducted when the teacher is scheduled to conduct classes. Investigations involving other school employees |
|shall be conducted so as to minimize disruption of the school day. The school employee accused of child abuse or neglect may have his|
|superior, his association or union representative and his attorney present at any interview or meeting at which the teacher or |
|administrator is present. The accused school employee shall be informed by a representative of the Department, at any interview or |
|meeting, of the accused school employee's due process rights and of the steps in the investigation process. The information shall |
|include, but need not necessarily be limited to the right, subject to the approval of the Department, of the school employee to |
|confront the accuser, if the accuser is 14 years of age or older, or the right to review the specific allegations which gave rise to |
|the investigation, and the right to review all materials and evidence that have been submitted to the Department in support of the |
|allegation. These due process rights shall also include the right of the school employee to present countervailing evidence regarding|
|the accusations. |
| |
| |
| |
| (2) If a report of neglect or abuse of a child by a |
| |
| |
|teacher or administrator does not involve allegations of sexual abuse or extreme physical abuse, the Child Protective Service Unit |
|shall make reasonable efforts to conduct the initial investigation in coordination with the employee's supervisor. |
| |
| |
| |
| If the Unit determines that the report is a good |
| |
| |
|faith indication of potential child abuse or neglect, it shall then commence a formal investigation under paragraph (3) of subsection|
|(b) of this Section. |
| |
| |
| |
| (3) If a report of neglect or abuse of a child by a |
| |
| |
|teacher or administrator involves an allegation of sexual abuse or extreme physical abuse, the Child Protective Unit shall commence |
|an investigation under paragraph (2) of subsection (b) of this Section. |
| |
| |
| |
| (c-5) In any instance in which a report is made or caused to made by a school district employee involving the conduct of a person|
|employed by the school district, at the time the report was made, as required under Section 4 of this Act, the Child Protective |
|Service Unit shall send a copy of its final finding report to the general superintendent of that school district. |
| (d) If the Department has contact with an employer, or with a religious institution or religious official having supervisory or |
|hierarchical authority over a member of the clergy accused of the abuse of a child, in the course of its investigation, the |
|Department shall notify the employer or the religious institution or religious official, in writing, when a report is unfounded so |
|that any record of the investigation can be expunged from the employee's or member of the clergy's personnel or other records. The |
|Department shall also notify the employee or the member of the clergy, in writing, that notification has been sent to the employer or|
|to the appropriate religious institution or religious official informing the employer or religious institution or religious official |
|that the Department's investigation has resulted in an unfounded report. |
| (e) Upon request by the Department, the Department of State Police and law enforcement agencies are authorized to provide |
|criminal history record information as defined in the Illinois Uniform Conviction Information Act and information maintained in the |
|adjudicatory and dispositional record system as defined in Section 2605-355 of the Department of State Police Law (20 ILCS |
|2605/2605-355) to properly designated employees of the Department of Children and Family Services if the Department determines the |
|information is necessary to perform its duties under the Abused and Neglected Child Reporting Act, the Child Care Act of 1969, and |
|the Children and Family Services Act. The request shall be in the form and manner required by the Department of State Police. Any |
|information obtained by the Department of Children and Family Services under this Section is confidential and may not be transmitted |
|outside the Department of Children and Family Services other than to a court of competent jurisdiction or unless otherwise authorized|
|by law. Any employee of the Department of Children and Family Services who transmits confidential information in violation of this |
|Section or causes the information to be transmitted in violation of this Section is guilty of a Class A misdemeanor unless the |
|transmittal of the information is authorized by this Section or otherwise authorized by law. |
| (f) For purposes of this Section "child abuse or neglect" includes abuse or neglect of an adult resident as defined in this Act. |
|(Source: P.A. 98-1141, eff. 12-30-14.) |
| |
| |
| |
| (325 ILCS 5/7.5) (from Ch. 23, par. 2057.5) |
| Sec. 7.5. If the Child Protective Service Unit is denied reasonable access to a child by the parents or other persons and it |
|deems that the health, safety, and best interests of the child so require, it shall request the intervention of a local law |
|enforcement agency or seek an appropriate court order to examine and interview the child. |
|(Source: P.A. 90-28, eff. 1-1-98.) |
| |
| |
| |
| (325 ILCS 5/7.6) (from Ch. 23, par. 2057.6) |
| Sec. 7.6. There shall be a single State-wide, toll-free telephone number established and maintained by the Department which all |
|persons, whether or not mandated by law, may use to report suspected child abuse or neglect at any hour of the day or night, on any |
|day of the week. Immediately upon receipt of such reports, the Department shall transmit the contents of the report, either orally or|
|electronically, to the appropriate Child Protective Service Unit. Any other person may use the State-wide number to obtain assistance|
|or information concerning the handling of child abuse and neglect cases. |
| Wherever the Statewide number is posted, there shall also be posted the following notice: |
| "Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection |
|(a)(7) of Section 26-1 of the Criminal Code of 2012. A violation of this subsection is a Class 4 felony." |
|(Source: P.A. 97-189, eff. 7-22-11; 97-1150, eff. 1-25-13.) |
| |
| |
| |
| (325 ILCS 5/7.7) (from Ch. 23, par. 2057.7) |
| Sec. 7.7. There shall be a central register of all cases of suspected child abuse or neglect reported and maintained by the |
|Department under this Act. Through the recording of initial, preliminary, and final reports, the central register shall be operated |
|in such a manner as to enable the Department to: (1) immediately identify and locate prior reports of child abuse or neglect; (2) |
|continuously monitor the current status of all reports of child abuse or neglect being provided services under this Act; and (3) |
|regularly evaluate the effectiveness of existing laws and programs through the development and analysis of statistical and other |
|information. |
| The Department shall maintain in the central register a listing of unfounded reports where the subject of the unfounded report |
|requests that the record not be expunged because the subject alleges an intentional false report was made. Such a request must be |
|made by the subject in writing to the Department, within 10 days of the investigation. By January 1, 2014, the Department shall |
|promulgate rules establishing criteria and standards for labeling an unfounded report as an intentional false report in the central |
|register. The rules shall permit the reporter to submit a statement regarding the report unless the reporter has been convicted of |
|knowingly transmitting a false report to the Department under paragraph (7) of subsection (a) of Section 26-1 of the Criminal Code of|
|2012. |
| The Department shall also maintain in the central register a listing of unfounded reports where the report was classified as a |
|priority one or priority two report in accordance with the Department's rules or the report was made by a person mandated to report |
|suspected abuse or neglect under this Act. |
| The Department shall maintain in the central register for 3 years a listing of unfounded reports involving the death of a child, |
|the sexual abuse of a child, or serious physical injury to a child as defined by the Department in rules. |
| If an individual is the subject of a subsequent investigation that is pending, the Department shall maintain all prior unfounded |
|reports pertaining to that individual until the pending investigation has been completed or for 12 months, whichever time period ends|
|later. |
| The Department shall maintain all other unfounded reports for 12 months following the date of the final finding. |
| For purposes of this Section "child abuse or neglect" includes abuse or neglect of an adult resident as defined in this Act. |
|(Source: P.A. 97-333, eff. 8-12-11; 97-1089, eff. 8-24-12; 98-453, eff. 8-16-13.) |
| |
| |
| |
| (325 ILCS 5/7.8) (from Ch. 23, par. 2057.8) |
| Sec. 7.8. Upon receiving an oral or written report of suspected child abuse or neglect, the Department shall immediately notify, |
|either orally or electronically, the Child Protective Service Unit of a previous report concerning a subject of the present report or|
|other pertinent information. In addition, upon satisfactory identification procedures, to be established by Department regulation, |
|any person authorized to have access to records under Section 11.1 relating to child abuse and neglect may request and shall be |
|immediately provided the information requested in accordance with this Act. However, no information shall be released unless it |
|prominently states the report is "indicated", and only information from "indicated" reports shall be released, except that |
|information concerning pending reports may be released pursuant to Sections 7.14 and 7.22 of this Act to the attorney or guardian ad |
|litem appointed under Section 2-17 of the Juvenile Court Act and to any person authorized under paragraphs (1), (2), (3) and (11) of |
|Section 11.1. In addition, State's Attorneys are authorized to receive unfounded reports for prosecution purposes related to the |
|transmission of false reports of child abuse or neglect in violation of subsection (a), paragraph (7) of Section 26-1 of the Criminal|
|Code of 2012 and attorneys and guardians ad litem appointed under Article II of the Juvenile Court Act of 1987 shall receive the |
|reports set forth in Section 7.14 of this Act in conformance with paragraph (19) of Section 11.1 and Section 7.14 of this Act. The |
|names and other identifying data and the dates and the circumstances of any persons requesting or receiving information from the |
|central register shall be entered in the register record. |
|(Source: P.A. 97-1150, eff. 1-25-13; 98-807, eff. 8-1-14.) |
| |
| |
| |
| (325 ILCS 5/7.9) (from Ch. 23, par. 2057.9) |
| Sec. 7.9. The Department shall prepare, print, and distribute initial, preliminary, and final reporting forms to each Child |
|Protective Service Unit. Initial written reports from the reporting source shall contain the following information to the extent |
|known at the time the report is made: (1) the names and addresses of the child and his parents or other persons responsible for his |
|welfare; (1.5) the name and address of the school that the child attends (or the school that the child last attended, if the report |
|is written during the summer when school is not in session), and the name of the school district in which the school is located, if |
|applicable; (2) the child's age, sex, and race; (3) the nature and extent of the child's abuse or neglect, including any evidence of |
|prior injuries, abuse, or neglect of the child or his siblings; (4) the names of the persons apparently responsible for the abuse or |
|neglect; (5) family composition, including names, ages, sexes, and races of other children in the home; (6) the name of the person |
|making the report, his occupation, and where he can be reached; (7) the actions taken by the reporting source, including the taking |
|of photographs and x-rays, placing the child in temporary protective custody, or notifying the medical examiner or coroner; and (8) |
|any other information the person making the report believes might be helpful in the furtherance of the purposes of this Act. |
|(Source: P.A. 92-295, eff. 1-1-02; 92-651, eff. 7-11-02.) |
| |
| |
| |
| (325 ILCS 5/7.10) (from Ch. 23, par. 2057.10) |
| Sec. 7.10. Upon the receipt of each oral report made under this Act, the Child Protective Service Unit shall immediately transmit|
|a copy thereof to the state central register of child abuse and neglect. A preliminary report from a Child Protective Service Unit |
|shall be made at the time of the first of any 30-day extensions made pursuant to Section 7.12 and shall describe the status of the |
|related investigation up to that time, including an evaluation of the present family situation and danger to the child or children, |
|corrections or up-dating of the initial report, and actions taken or contemplated. |
| For purposes of this Section "child" includes an adult resident as defined in this Act. |
|(Source: P.A. 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/7.12) (from Ch. 23, par. 2057.12) |
| Sec. 7.12. The Child Protective Service Unit shall determine, within 60 days, whether the report is "indicated" or "unfounded" |
|and report it forthwith to the central register; where it is not possible to initiate or complete an investigation within 60 days the|
|report may be deemed "undetermined" provided every effort has been made to undertake a complete investigation. The Department may |
|extend the period in which such determinations must be made in individual cases for additional periods of up to 30 days each for good|
|cause shown. The Department shall by rule establish what shall constitute good cause. |
| In those cases in which the Child Protective Service Unit has made a final determination that a report is "indicated" or |
|"unfounded", the Department shall provide written notification of the final determination to the subjects of the report and to the |
|alleged perpetrator, parents, personal guardian or legal guardian of the alleged child victim, and other persons required to receive |
|notice by regular U.S. mail. Subject to appropriation, written notification of the final determination shall be sent to a perpetrator|
|indicated for child abuse or child neglect, or both, by both regular and certified mail. |
|(Source: P.A. 96-385, eff. 1-1-10.) |
| |
| |
| |
| (325 ILCS 5/7.13) (from Ch. 23, par. 2057.13) |
| Sec. 7.13. The reports made under this Act may contain such additional information in the furtherance of the purposes of this Act|
|as the Department, by rule, may require. |
|(Source: P.A. 81-1077.) |
| |
| |
| |
| (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14) |
| Sec. 7.14. All reports in the central register shall be classified in one of three categories: "indicated", "unfounded" or |
|"undetermined", as the case may be. Prior to classifying the report, the person making the classification shall determine whether the|
|child named in the report is the subject of an action under Article II of the Juvenile Court Act of 1987. If the child is the subject|
|of an action under Article II of the Juvenile Court Act and the Department intends to classify the report as indicated, the |
|Department shall, within 45 days of classification of the report, transmit a copy of the report to the attorney or guardian ad litem |
|appointed for the child under Section 2-17 of the Juvenile Court Act. If the child is the subject of an action under Article II of |
|the Juvenile Court Act and the Department intends to classify the report as unfounded, the Department shall, within 45 days of |
|deciding its intent to classify the report as unfounded, transmit a copy of the report and written notice of the Department's intent |
|to the attorney or guardian ad litem appointed for the child under Section 2-17 of the Juvenile Court Act. All information |
|identifying the subjects of an unfounded report shall be expunged from the register forthwith, except as provided in Section 7.7. |
|Unfounded reports may only be made available to the Child Protective Service Unit when investigating a subsequent report of suspected|
|abuse or maltreatment involving a child named in the unfounded report; and to the subject of the report, provided the Department has |
|not expunged the file in accordance with Section 7.7. The Child Protective Service Unit shall not indicate the subsequent report |
|solely based upon the existence of the prior unfounded report or reports. Notwithstanding any other provision of law to the contrary,|
|an unfounded report shall not be admissible in any judicial or administrative proceeding or action. Identifying information on all |
|other records shall be removed from the register no later than 5 years after the report is indicated. However, if another report is |
|received involving the same child, his sibling or offspring, or a child in the care of the persons responsible for the child's |
|welfare, or involving the same alleged offender, the identifying information may be maintained in the register until 5 years after |
|the subsequent case or report is closed. |
| Notwithstanding any other provision of this Section, identifying information in indicated reports involving serious physical |
|injury to a child as defined by the Department in rules, may be retained longer than 5 years after the report is indicated or after |
|the subsequent case or report is closed, and may not be removed from the register except as provided by the Department in rules. |
|Identifying information in indicated reports involving sexual penetration of a child, sexual molestation of a child, sexual |
|exploitation of a child, torture of a child, or the death of a child, as defined by the Department in rules, shall be retained for a |
|period of not less than 50 years after the report is indicated or after the subsequent case or report is closed. |
| For purposes of this Section "child" includes an adult resident as defined in this Act. |
|(Source: P.A. 97-333, eff. 8-12-11; 98-453, eff. 8-16-13; 98-807, eff. 8-1-14.) |
| |
| |
| |
| (325 ILCS 5/7.15) (from Ch. 23, par. 2057.15) |
| Sec. 7.15. The central register may contain such other information which the Department determines to be in furtherance of the |
|purposes of this Act. Pursuant to the provisions of Sections 7.14 and 7.16, the Department may amend or remove from the central |
|register appropriate records upon good cause shown and upon notice to the subjects of the report and the Child Protective Service |
|Unit. |
|(Source: P.A. 90-15, eff. 6-13-97.) |
| |
| |
| |
| (325 ILCS 5/7.16) (from Ch. 23, par. 2057.16) |
| Sec. 7.16. For any investigation or appeal initiated on or after, or pending on July 1, 1998, the following time frames shall |
|apply. Within 60 days after the notification of the completion of the Child Protective Service Unit investigation, determined by the |
|date of the notification sent by the Department, the perpetrator named in the notification may request the Department to amend the |
|record or remove the record of the report from the register, except that the 60-day deadline for filing a request to amend the record|
|or remove the record of the report from the State Central Register shall be tolled until after the conclusion of any criminal court |
|action in the circuit court or after adjudication in any juvenile court action concerning the circumstances that give rise to an |
|indicated report. Such request shall be in writing and directed to such person as the Department designates in the notification |
|letter notifying the perpetrator of the indicated finding. The perpetrator shall have the right to a timely hearing within the |
|Department to determine whether the record of the report should be amended or removed on the grounds that it is inaccurate or it is |
|being maintained in a manner inconsistent with this Act, except that there shall be no such right to a hearing on the ground of the |
|report's inaccuracy if there has been a court finding of child abuse or neglect or a criminal finding of guilt as to the perpetrator.|
|Such hearing shall be held within a reasonable time after the perpetrator's request and at a reasonable place and hour. The |
|appropriate Child Protective Service Unit shall be given notice of the hearing. If the minor, who is the victim named in the report |
|sought to be amended or removed from the State Central Register, is the subject of a pending action under Article II of the Juvenile |
|Court Act of 1987, and the report was made while a guardian ad litem was appointed for the minor under Section 2-17 of the Juvenile |
|Court Act of 1987, then the minor shall, through the minor's attorney or guardian ad litem appointed under Section 2-17 of the |
|Juvenile Court Act of 1987, have the right to participate and be heard in such hearing as defined under the Department's rules. In |
|such hearings, the burden of proving the accuracy and consistency of the record shall be on the Department and the appropriate Child |
|Protective Service Unit. The hearing shall be conducted by the Director or his designee, who is hereby authorized and empowered to |
|order the amendment or removal of the record to make it accurate and consistent with this Act. The decision shall be made, in |
|writing, at the close of the hearing, or within 60 days thereof, and shall state the reasons upon which it is based. Decisions of the|
|Department under this Section are administrative decisions subject to judicial review under the Administrative Review Law. |
| Should the Department grant the request of the perpetrator pursuant to this Section either on administrative review or after an |
|administrative hearing to amend an indicated report to an unfounded report, the report shall be released and expunged in accordance |
|with the standards set forth in Section 7.14 of this Act. |
|(Source: P.A. 98-453, eff. 8-16-13; 98-487, eff. 1-1-14; 98-756, eff. 7-16-14.) |
| |
| |
| |
| (325 ILCS 5/7.17) (from Ch. 23, par. 2057.17) |
| Sec. 7.17. To the fullest extent possible, written notice of any amendment, expunction, or removal of any record made under this |
|Act shall be served upon each subject of such report and the appropriate Child Protective Service Unit. Upon receipt of such notice, |
|the Child Protective Service Unit shall take similar action in regard to the local child abuse and neglect index and shall inform, |
|for the same purpose, any other individuals or agencies which received such record under this Act or in any other manner. Nothing in |
|this Section is intended to require the destruction of case records. |
|(Source: P.A. 81-1077.) |
| |
| |
| |
| (325 ILCS 5/7.18) (from Ch. 23, par. 2057.18) |
| Sec. 7.18. Pursuant to Sections 7.15 and 7.16 and for good cause shown, the Child Protective Service Unit may amend any report |
|previously sent to the State-wide center. Unless otherwise prescribed by this Act, the content, form, manner and timing of making the|
|reports shall be established by rules of the Department. |
|(Source: P.A. 81-1077.) |
| |
| |
| |
| (325 ILCS 5/7.19) (from Ch. 23, par. 2057.19) |
| Sec. 7.19. Upon request, a subject of a report shall be entitled to receive a copy of all information contained in the central |
|register pertaining to his case. However, the Department may prohibit the release of data that would identify or locate a person who,|
|in good faith, made a report or cooperated in a subsequent investigation. In addition, the Department may seek a court order from the|
|circuit court prohibiting the release of any information which the court finds is likely to be harmful to the subject of the report. |
|(Source: P.A. 81-1077.) |
| |
| |
| |
| (325 ILCS 5/7.20) |
| Sec. 7.20. Inter-agency agreements for information. The Department shall enter into an inter-agency agreement with the Secretary |
|of State to establish a procedure by which employees of the Department may have immediate access to driver's license records |
|maintained by the Secretary of State if the Department determines the information is necessary to perform its duties under the Abused|
|and Neglected Child Reporting Act, the Child Care Act of 1969, and the Children and Family Services Act. The Department shall enter |
|into an inter-agency agreement with the Department of Healthcare and Family Services and the Department of Human Services (acting as |
|successor to the Department of Public Aid under the Department of Human Services Act) to establish a procedure by which employees of |
|the Department may have immediate access to records, files, papers, and communications (except medical, alcohol or drug assessment or|
|treatment, mental health, or any other medical records) of the Department of Healthcare and Family Services, county departments of |
|public aid, the Department of Human Services, and local governmental units receiving State or federal funds or aid to provide public |
|aid, if the Department determines the information is necessary to perform its duties under the Abused and Neglected Child Reporting |
|Act, the Child Care Act of 1969, and the Children and Family Services Act. |
|(Source: P.A. 95-331, eff. 8-21-07.) |
| |
| |
| |
| (325 ILCS 5/7.21) |
| Sec. 7.21. Multidisciplinary Review Committee. |
| (a) The Department may establish multidisciplinary review committees in each region of the State to assure that mandated |
|reporters have the ability to have a review conducted on any situation where a child abuse or neglect report made by them was |
|"unfounded", and they have concerns about the adequacy of the investigation. These committees shall draw upon the expertise of the |
|Child Death Review Teams as necessary and practicable. Each committee will be composed of the following: a health care professional, |
|a Department employee, a law enforcement official, a licensed social worker, and a representative of the State's attorney's office. |
|In appointing members of a committee, primary consideration shall be given to a prospective member's prior experience in dealing with|
|cases of suspected child abuse or neglect. |
| (b) Whenever the Department determines that a reported incident of child abuse or neglect from a mandated reporter is |
|"unfounded", the mandated reporter may request a review of the investigation within 10 days of the notification of the final finding.|
| |
| A review under this subsection will be conducted by the committee. The Department shall make available to the committee all |
|information in the Department's possession concerning the case. The committee shall make recommendations to the Department as to the |
|adequacy of the investigation and of the accuracy of the final finding determination. These findings shall be forwarded to the |
|Regional Child Protection Manager. |
| (c) The Department shall provide complete records of these investigations to the committee. Records provided to the committee and|
|recommendation reports generated by the committee shall not be public record. |
| (c-5) On or before October 1 of each year, the Department shall prepare a report setting forth (i) the number of investigations |
|reviewed by each committee during the previous fiscal year and (ii) the number of those investigations that the committee found to be|
|inadequate. The report shall also include a summary of the committee's comments and a summary of the corrective action, if any, that |
|was taken in response to the committee's recommendations. The report shall be a public record. The Department shall submit the report|
|to the General Assembly and shall make the report available to the public upon request. |
| (d) The Department shall adopt rules to implement this Section. |
|(Source: P.A. 98-453, eff. 8-16-13.) |
| |
| |
| |
| (325 ILCS 5/7.22) |
| Sec. 7.22. Reviews of unfounded reports. |
| (a) Whenever the Department determines that a reported incident of child abuse or neglect will be "unfounded", the Department |
|shall forward a copy of the report and written notice of the Department's intent to classify the report as unfounded to the minor's |
|attorney or guardian ad litem appointed under the Juvenile Court Act of 1987. The minor's attorney or guardian ad litem may request a|
|review of the investigation within 10 days of receipt of the report and written notice of the Department's intent to classify the |
|report as unfounded, as provided in Section 7.14 of this Act, if the subject of the report is also the minor for whom the attorney or|
|guardian ad litem has been appointed. |
| (b) Reviews requested under subsection (a) may be requested by sending a request via U.S. Mail, postmarked within 10 days after |
|notice of the Department's intent to classify the report as unfounded, or by faxing a request within 10 days after notice of the |
|Department's intent to classify the report as unfounded. The date of notification of the Department's intent to classify the report |
|as unfounded is the date the attorney or guardian ad litem received a copy of the report and written notice from the Department. |
|Following the review, the Department shall inform the minor's attorney or guardian ad litem as to whether the report will be |
|classified as indicated or unfounded. The minor's attorney or guardian ad litem shall also receive a final finding notice from the |
|State Central Register. |
| (c) By January 1, 2014, the Department shall promulgate rules addressing reviews requested under subsection (a). The rules shall |
|provide that a review requested under subsection (a) must occur before the report is classified and a final finding is entered in the|
|central register and that the review must be conducted by a Department employee outside the supervisory chain of the assigned |
|investigator. |
|(Source: P.A. 98-453, eff. 8-16-13; 98-807, eff. 8-1-14.) |
| |
| |
| |
| (325 ILCS 5/8.1) (from Ch. 23, par. 2058.1) |
| Sec. 8.1. If the Child Protective Service Unit determines after investigating a report that there is no credible evidence that a |
|child is abused or neglected, it shall deem the report to be an unfounded report. However, if it appears that the child or family |
|could benefit from other social services, the local service may suggest such services, including services under Section 8.2, for the |
|family's voluntary acceptance or refusal. If the family declines such services, the Department shall take appropriate action in |
|keeping with the best interest of the child, including referring a member of the child's family to a facility licensed by the |
|Department of Human Services or the Department of Public Health. For purposes of this Section "child" includes an adult resident as |
|defined in this Act. |
|(Source: P.A. 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2) |
| Sec. 8.2. If the Child Protective Service Unit determines, following an investigation made pursuant to Section 7.4 of this Act, |
|that there is credible evidence that the child is abused or neglected, the Department shall assess the family's need for services, |
|and, as necessary, develop, with the family, an appropriate service plan for the family's voluntary acceptance or refusal. In any |
|case where there is evidence that the perpetrator of the abuse or neglect is an addict or alcoholic as defined in the Alcoholism and |
|Other Drug Abuse and Dependency Act, the Department, when making referrals for drug or alcohol abuse services, shall make such |
|referrals to facilities licensed by the Department of Human Services or the Department of Public Health. The Department shall comply |
|with Section 8.1 by explaining its lack of legal authority to compel the acceptance of services and may explain its concomitant |
|authority to petition the Circuit court under the Juvenile Court Act of 1987 or refer the case to the local law enforcement authority|
|or State's attorney for criminal prosecution. |
| For purposes of this Act, the term "family preservation services" refers to all services to help families, including adoptive and|
|extended families. Family preservation services shall be offered, where safe and appropriate, to prevent the placement of children in|
|substitute care when the children can be cared for at home or in the custody of the person responsible for the children's welfare |
|without endangering the children's health or safety, to reunite them with their families if so placed when reunification is an |
|appropriate goal, or to maintain an adoptive placement. The term "homemaker" includes emergency caretakers, homemakers, caretakers, |
|housekeepers and chore services. The term "counseling" includes individual therapy, infant stimulation therapy, family therapy, group|
|therapy, self-help groups, drug and alcohol abuse counseling, vocational counseling and post-adoptive services. The term "day care" |
|includes protective day care and day care to meet educational, prevocational or vocational needs. The term "emergency assistance and |
|advocacy" includes coordinated services to secure emergency cash, food, housing and medical assistance or advocacy for other |
|subsistence and family protective needs. |
| Before July 1, 2000, appropriate family preservation services shall, subject to appropriation, be included in the service plan if|
|the Department has determined that those services will ensure the child's health and safety, are in the child's best interests, and |
|will not place the child in imminent risk of harm. Beginning July 1, 2000, appropriate family preservation services shall be |
|uniformly available throughout the State. The Department shall promptly notify children and families of the Department's |
|responsibility to offer and provide family preservation services as identified in the service plan. Such plans may include but are |
|not limited to: case management services; homemakers; counseling; parent education; day care; emergency assistance and advocacy |
|assessments; respite care; in-home health care; transportation to obtain any of the above services; and medical assistance. Nothing |
|in this paragraph shall be construed to create a private right of action or claim on the part of any individual or child welfare |
|agency, except that when a child is the subject of an action under Article II of the Juvenile Court Act of 1987 and the child's |
|service plan calls for services to facilitate achievement of the permanency goal, the court hearing the action under Article II of |
|the Juvenile Court Act of 1987 may order the Department to provide the services set out in the plan, if those services are not |
|provided with reasonable promptness and if those services are available. |
| Each Department field office shall maintain on a local basis directories of services available to children and families in the |
|local area where the Department office is located. |
| The Department shall refer children and families served pursuant to this Section to private agencies and governmental agencies, |
|where available. |
| Where there are 2 equal proposals from both a not-for-profit and a for-profit agency to provide services, the Department shall |
|give preference to the proposal from the not-for-profit agency. |
| No service plan shall compel any child or parent to engage in any activity or refrain from any activity which is not reasonably |
|related to remedying a condition or conditions that gave rise or which could give rise to any finding of child abuse or neglect. |
|(Source: P.A. 96-600, eff. 8-21-09; 97-859, eff. 7-27-12.) |
| |
| |
| |
| (325 ILCS 5/8.2a) |
| Sec. 8.2a. Developmental and social-emotional screening; indicated finding of abuse or neglect. The Department shall conduct a |
|developmental and social-emotional screening within 45 days after the Department is granted temporary custody of a child. When a |
|child under the age of 3 is engaged in intact family services, the Department shall offer to conduct a developmental screening within|
|60 days after the Department opens the case. For children in intact cases who are ages 3 through 5, the intact caseworker shall refer|
|the child for a developmental screening. The Department shall promulgate rules necessary for the implementation of this Section. |
|(Source: P.A. 97-930, eff. 8-10-12.) |
| |
| |
| |
| (325 ILCS 5/8.3) (from Ch. 23, par. 2058.3) |
| Sec. 8.3. The Department shall assist a Circuit Court during all stages of the court proceeding in accordance with the purposes |
|of this Act and the Juvenile Court Act of 1987 by providing full, complete, and accurate information to the court and by appearing in|
|court if requested by the court. Failure to provide assistance requested by a court shall be enforceable through proceedings for |
|contempt of court. |
|(Source: P.A. 88-310.) |
| |
| |
| |
| (325 ILCS 5/8.4) (from Ch. 23, par. 2058.4) |
| Sec. 8.4. The Department shall provide or arrange for and monitor, as authorized by this Act, rehabilitative services for |
|children and their families on a voluntary basis or under a final or intermediate order of the Court. |
|(Source: P.A. 84-611.) |
| |
| |
| |
| (325 ILCS 5/8.5) (from Ch. 23, par. 2058.5) |
| Sec. 8.5. The Child Protective Service Unit shall maintain a local child abuse and neglect index of all cases reported under this|
|Act which will enable it to determine the location of case records and to monitor the timely and proper investigation and disposition|
|of cases. The index shall include the information contained in the initial, progress, and final reports required under this Act, and |
|any other appropriate information. For purposes of this Section "child abuse and neglect" includes abuse or neglect of an adult |
|resident as defined in this Act. |
|(Source: P.A. 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/8.6) |
| Sec. 8.6. Reports to a child's school. Within 10 days after completing an investigation of alleged physical or sexual abuse under|
|this Act, if the report is indicated, the Child Protective Service Unit shall send a copy of its final finding report to the school |
|that the child who is the indicated victim of the report attends. If the final finding report is sent during the summer when the |
|school is not in session, the report shall be sent to the last school that the child attended. The final finding report shall be sent|
|as "confidential", and the school shall be responsible for ensuring that the report remains confidential in accordance with the |
|Illinois School Student Records Act. If an indicated finding is overturned in an appeal or hearing, or if the Department has made a |
|determination that the child is no longer at risk of physical or sexual harm, the Department shall request that the final finding |
|report be purged from the student's record, and the school shall purge the final finding report from the student's record and return |
|the report to the Department. If an indicated report is expunged from the central register, and that report has been sent to a |
|child's school, the Department shall request that the final finding report be purged from the student's record, and the school shall |
|purge the final finding report from the student's record and return the report to the Department. |
|(Source: P.A. 92-295, eff. 1-1-02.) |
| |
| |
| |
| (325 ILCS 5/9) (from Ch. 23, par. 2059) |
| Sec. 9. Any person, institution or agency, under this Act, participating in good faith in the making of a report or referral, or |
|in the investigation of such a report or referral or in the taking of photographs and x-rays or in the retaining a child in temporary|
|protective custody or in making a disclosure of information concerning reports of child abuse and neglect in compliance with Sections|
|4.2 and 11.1 of this Act or Section 4 of this Act, as it relates to disclosure by school personnel and except in cases of wilful or |
|wanton misconduct, shall have immunity from any liability, civil, criminal or that otherwise might result by reason of such actions. |
|For the purpose of any proceedings, civil or criminal, the good faith of any persons required to report or refer, or permitted to |
|report, cases of suspected child abuse or neglect or permitted to refer individuals under this Act or required to disclose |
|information concerning reports of child abuse and neglect in compliance with Sections 4.2 and 11.1 of this Act, shall be presumed. |
|For purposes of this Section "child abuse and neglect" includes abuse or neglect of an adult resident as defined in this Act. |
|(Source: P.A. 95-908, eff. 8-26-08; 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/9.1) (from Ch. 23, par. 2059.1) |
| Sec. 9.1. Employer discrimination. 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. For purposes of this Section "child abuse or neglect" includes abuse or neglect of an adult resident as defined in this Act.|
| |
|(Source: P.A. 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/10) (from Ch. 23, par. 2060) |
| Sec. 10. Any person who makes a report or who investigates a report under this 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 under Section 4 of this Act 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 under this Act and any person who is required to report a suspected case of abuse or neglect under Section 4 of|
|this Act or the person making or investigating the report. |
|(Source: P.A. 97-387, eff. 8-15-11.) |
| |
| |
| |
| (325 ILCS 5/11) (from Ch. 23, par. 2061) |
| Sec. 11. All records concerning reports of child abuse and neglect or records concerning referrals under this Act and all records|
|generated as a result of such reports or referrals, shall be confidential and shall not be disclosed except as specifically |
|authorized by this Act or other applicable law. It is a Class A misdemeanor to permit, assist, or encourage the unauthorized release |
|of any information contained in such reports, referrals or records. |
| Nothing contained in this Section prevents the sharing or disclosure of records relating or pertaining to the death of a minor |
|under the care of or receiving services from the Department of Children and Family Services and under the jurisdiction of the |
|juvenile court with the juvenile court, the State's Attorney, and the minor's attorney. For purposes of this Section "child abuse and|
|neglect" includes abuse or neglect of an adult resident as defined in this Act. |
|(Source: P.A. 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1) |
| Sec. 11.1. Access to records. |
| (a) A person shall have access to the records described in Section 11 only in furtherance of purposes directly connected with the|
|administration of this Act or the Intergovernmental Missing Child Recovery Act of 1984. Those persons and purposes for access |
|include: |
| (1) Department staff in the furtherance of their |
| |
| |
|responsibilities under this Act, or for the purpose of completing background investigations on persons or agencies licensed by the |
|Department or with whom the Department contracts for the provision of child welfare services. |
| |
| |
| |
| (2) A law enforcement agency investigating known or |
| |
| |
|suspected child abuse or neglect, known or suspected involvement with child pornography, known or suspected criminal sexual assault, |
|known or suspected criminal sexual abuse, or any other sexual offense when a child is alleged to be involved. |
| |
| |
| |
| (3) The Department of State Police when administering |
| |
| |
|the provisions of the Intergovernmental Missing Child Recovery Act of 1984. |
| |
| |
| |
| (4) A physician who has before him a child whom he |
| |
| |
|reasonably suspects may be abused or neglected. |
| |
| |
| |
| (5) A person authorized under Section 5 of this Act |
| |
| |
|to place a child in temporary protective custody when such person requires the information in the report or record to determine |
|whether to place the child in temporary protective custody. |
| |
| |
| |
| (6) A person having the legal responsibility or |
| |
| |
|authorization to care for, treat, or supervise a child, or a parent, prospective adoptive parent, foster parent, guardian, or other |
|person responsible for the child's welfare, who is the subject of a report. |
| |
| |
| |
| (7) Except in regard to harmful or detrimental |
| |
| |
|information as provided in Section 7.19, any subject of the report, and if the subject of the report is a minor, his guardian or |
|guardian ad litem. |
| |
| |
| |
| (8) A court, upon its finding that access to such |
| |
| |
|records may be necessary for the determination of an issue before such court; however, such access shall be limited to in camera |
|inspection, unless the court determines that public disclosure of the information contained therein is necessary for the resolution |
|of an issue then pending before it. |
| |
| |
| |
| (8.1) A probation officer or other authorized |
| |
| |
|representative of a probation or court services department conducting an investigation ordered by a court under the Juvenile Court |
|Act of l987. |
| |
| |
| |
| (9) A grand jury, upon its determination that access |
| |
| |
|to such records is necessary in the conduct of its official business. |
| |
| |
| |
| (10) Any person authorized by the Director, in |
| |
| |
|writing, for audit or bona fide research purposes. |
| |
| |
| |
| (11) Law enforcement agencies, coroners or medical |
| |
| |
|examiners, physicians, courts, school superintendents and child welfare agencies in other states who are responsible for child abuse |
|or neglect investigations or background investigations. |
| |
| |
| |
| (12) The Department of Professional Regulation, the |
| |
| |
|State Board of Education and school superintendents in Illinois, who may use or disclose information from the records as they deem |
|necessary to conduct investigations or take disciplinary action, as provided by law. |
| |
| |
| |
| (13) A coroner or medical examiner who has reason to |
| |
| |
|believe that a child has died as the result of abuse or neglect. |
| |
| |
| |
| (14) The Director of a State-operated facility when |
| |
| |
|an employee of that facility is the perpetrator in an indicated report. |
| |
| |
| |
| (15) The operator of a licensed child care facility |
| |
| |
|or a facility licensed by the Department of Human Services (as successor to the Department of Alcoholism and Substance Abuse) in |
|which children reside when a current or prospective employee of that facility is the perpetrator in an indicated child abuse or |
|neglect report, pursuant to Section 4.3 of the Child Care Act of 1969. |
| |
| |
| |
| (16) Members of a multidisciplinary team in the |
| |
| |
|furtherance of its responsibilities under subsection (b) of Section 7.1. All reports concerning child abuse and neglect made |
|available to members of such multidisciplinary teams and all records generated as a result of such reports shall be confidential and |
|shall not be disclosed, except as specifically authorized by this Act or other applicable law. It is a Class A misdemeanor to permit,|
|assist or encourage the unauthorized release of any information contained in such reports or records. Nothing contained in this |
|Section prevents the sharing of reports or records relating or pertaining to the death of a minor under the care of or receiving |
|services from the Department of Children and Family Services and under the jurisdiction of the juvenile court with the juvenile |
|court, the State's Attorney, and the minor's attorney. |
| |
| |
| |
| (17) The Department of Human Services, as provided in |
| |
| |
|Section 17 of the Disabled Persons Rehabilitation Act. |
| |
| |
| |
| (18) Any other agency or investigative body, |
| |
| |
|including the Department of Public Health and a local board of health, authorized by State law to conduct an investigation into the |
|quality of care provided to children in hospitals and other State regulated care facilities. The access to and release of information|
|from such records shall be subject to the approval of the Director of the Department or his designee. |
| |
| |
| |
| (19) The person appointed, under Section 2-17 of the |
| |
| |
|Juvenile Court Act of 1987, as the guardian ad litem of a minor who is the subject of a report or records under this Act. |
| |
| |
| |
| (20) The Department of Human Services, as provided in |
| |
| |
|Section 10 of the Early Intervention Services System Act, and the operator of a facility providing early intervention services |
|pursuant to that Act, for the purpose of determining whether a current or prospective employee who provides or may provide direct |
|services under that Act is the perpetrator in an indicated report of child abuse or neglect filed under this Act. |
| |
| |
| |
| (b) Nothing contained in this Act prevents the sharing or disclosure of information or records relating or pertaining to |
|juveniles subject to the provisions of the Serious Habitual Offender Comprehensive Action Program when that information is used to |
|assist in the early identification and treatment of habitual juvenile offenders. |
| (c) To the extent that persons or agencies are given access to information pursuant to this Section, those persons or agencies |
|may give this information to and receive this information from each other in order to facilitate an investigation conducted by those |
|persons or agencies. |
|(Source: P.A. 93-147, eff. 1-1-04; 94-1010, eff. 10-1-06.) |
| |
| |
| |
| (325 ILCS 5/11.1a) |
| Sec. 11.1a. Disclosure of information. |
| (a) The Director or a person designated in writing by the Director for this purpose may disclose information regarding the abuse |
|or neglect of a child as set forth in this Section, the investigation thereof, and any services related thereto, if he or she |
|determines that such disclosure is not contrary to the best interests of the child, the child's siblings, or other children in the |
|household, and one of the following factors are present: |
| (1) The subject of the report has been criminally |
| |
| |
|charged with committing a crime related to the child abuse or neglect report; or |
| |
| |
| |
| (2) A law enforcement agency or official, a State's |
| |
| |
|Attorney, or a judge of the State court system has publicly disclosed in a report as part of his or her official duty, information |
|regarding the investigation of a report or the provision of services by the Department; or |
| |
| |
| |
| (3) An adult subject of the report has knowingly and |
| |
| |
|voluntarily made a public disclosure concerning a Child Abuse and Neglect Tracking System report; or |
| |
| |
| |
| (4) The child named in the report has been critically |
| |
| |
|injured or died. |
| |
| |
| |
| (b) Information may be disclosed pursuant to this Section as follows: |
| (1) The name of the alleged abused or neglected child. |
| (2) The current status of the investigation, |
| |
| |
|including whether a determination of credible evidence has been made. |
| |
| |
| |
| (3) Identification of child protective or other |
| |
| |
|services provided or actions taken regarding the child named in the report and his or her family as a result of this report. |
| |
| |
| |
| (4) Whether there have been past reports of child |
| |
| |
|abuse or neglect involving this child or family, or both. Any such reports shall be clearly identified as being "Indicated", |
|"Unfounded", or "Pending". |
| |
| |
| |
| (5) Whether the Department has a current or past open |
| |
| |
|service case with the family, and a history of what types of services have been, or are being, provided. |
| |
| |
| |
| (6) Any extraordinary or pertinent information |
| |
| |
|concerning the circumstances of the report, if the Director determines such disclosure is consistent with the public interest. |
| |
| |
| |
| (c) Any disclosure of information pursuant to this Section shall not identify the name of or provide identifying information |
|regarding the source of the report. |
| (d) In determining pursuant to subsection (a) of this Section, whether disclosure will be contrary to the best interests of the |
|child, the child's siblings, or other children in the household, the Director shall consider the interest in privacy of the child and|
|the child's family and the effects which disclosure may have on efforts to reunite and provide services to the family. |
| (e) Except as it applies directly to the cause of the abuse or neglect of the child, nothing in this Section shall be deemed to |
|authorize the release or disclosure of the substance or content of any psychological, psychiatric, therapeutic, clinical, or medical |
|reports, evaluations, or like materials pertaining to the child or the child's family. Prior to the release or disclosure of any |
|psychological, psychiatric, or therapeutic reports pursuant to this subsection, the Deputy Director of Clinical Services shall review|
|such materials and make recommendations regarding its release. Any disclosure of information pursuant to this Section shall not |
|identify the health care provider, health care facility or other maker of the report or source of any psychological, psychiatric, |
|therapeutic, clinical, or medical reports, evaluations, or like materials. |
| (f) Regarding child abuse or neglect reports which occur at a facility licensed by the Department of Children and Family |
|Services, only the following information may be disclosed or released: |
| (1) The name of the facility. |
| (2) The nature of the allegations of abuse or neglect. |
| (3) The number and ages of child victims involved, |
| |
| |
|and their relationship to the perpetrator. |
| |
| |
| |
| (4) Actions the Department has taken to ensure the |
| |
| |
|safety of the children during and subsequent to the investigation. |
| |
| |
| |
| (5) The final finding status of the investigation. |
|(Source: P.A. 90-75, eff. 1-1-98.) |
| |
| |
| |
| (325 ILCS 5/11.2) (from Ch. 23, par. 2061.2) |
| Sec. 11.2. Disclosure to mandated reporting source. A mandated reporting source as provided in Section 4 of this Act may receive |
|appropriate information about the findings and actions taken by the Child Protective Service Unit in response to its report. The |
|information shall include the actions taken by the Child Protective Service Unit to ensure a child's safety. |
|(Source: P.A. 92-319, eff. 1-1-02.) |
| |
| |
| |
| (325 ILCS 5/11.2a) |
| Sec. 11.2a. Disclosure to extended family member. Upon request, an extended family member interviewed for relevant information in|
|the course of an investigation by the Child Protective Service Unit may receive appropriate information about the findings and |
|actions taken by the Child Protective Service Unit to ensure the safety of the child or children who were the subjects of the |
|investigation. |
|(Source: P.A. 92-319, eff. 1-1-02.) |
| |
| |
| |
| (325 ILCS 5/11.3) (from Ch. 23, par. 2061.3) |
| Sec. 11.3. A person given access to the names or other information identifying the subjects of the report, except the subject of |
|the report, shall not make public such identifying information unless he is a State's attorney or other law enforcement official and |
|the purpose is to initiate court action. Violation of this Section is a Class A misdemeanor. |
|(Source: P.A. 81-1077.) |
| |
| |
| |
| (325 ILCS 5/11.4) (from Ch. 23, par. 2061.4) |
| Sec. 11.4. Nothing in this Act affects existing policies or procedures concerning the status of court and criminal justice system|
|records. |
|(Source: P.A. 81-1077.) |
| |
| |
| |
| (325 ILCS 5/11.5) (from Ch. 23, par. 2061.5) |
| Sec. 11.5. Within the appropriation available, the Department shall conduct a continuing education and training program for State|
|and local staff, persons and officials required to report, the general public, and other persons engaged in or intending to engage in|
|the prevention, identification, and treatment of child abuse and neglect. The program shall be designed to encourage the fullest |
|degree of reporting of known and suspected child abuse and neglect, and to improve communication, cooperation, and coordination among|
|all agencies in the identification, prevention, and treatment of child abuse and neglect. The program shall inform the general public|
|and professionals of the nature and extent of child abuse and neglect and their responsibilities, obligations, powers and immunity |
|from liability under this Act. It may include information on the diagnosis of child abuse and neglect and the roles and procedures of|
|the Child Protective Service Unit, the Department and central register, the courts and of the protective, treatment, and ameliorative|
|services available to children and their families. Such information may also include special needs of mothers at risk of delivering a|
|child whose life or development may be threatened by a handicapping condition, to ensure informed consent to treatment of the |
|condition and understanding of the unique child care responsibilities required for such a child. The program may also encourage |
|parents and other persons having responsibility for the welfare of children to seek assistance on their own in meeting their child |
|care responsibilities and encourage the voluntary acceptance of available services when they are needed. It may also include |
|publicity and dissemination of information on the existence and number of the 24 hour, State-wide, toll-free telephone service to |
|assist persons seeking assistance and to receive reports of known and suspected abuse and neglect. |
| Within the appropriation available, the Department also shall conduct a continuing education and training program for State and |
|local staff involved in investigating reports of child abuse or neglect made under this Act. The program shall be designed to train |
|such staff in the necessary and appropriate procedures to be followed in investigating cases which it appears may result in civil or |
|criminal charges being filed against a person. Program subjects shall include but not be limited to the gathering of evidence with a |
|view toward presenting such evidence in court and the involvement of State or local law enforcement agencies in the investigation. |
|The program shall be conducted in cooperation with State or local law enforcement agencies, State's Attorneys and other components of|
|the criminal justice system as the Department deems appropriate. |
|(Source: P.A. 85-984.) |
| |
| |
| |
| (325 ILCS 5/11.6) (from Ch. 23, par. 2061.6) |
| Sec. 11.6. All final administrative decisions of the Department under this Act are subject to judicial review under the |
|Administrative Review Law, as now or hereafter amended, and the rules adopted pursuant thereto. The term "administrative decision" is|
|defined as in Section 3-101 of the Code of Civil Procedure. |
| Review of a final administrative decision under the Administrative Review Law is not applicable to a decision to conduct a family|
|assessment under subsection (a-5) of Section 7.4 because no determination concerning child abuse or neglect is made and nothing is |
|reported to the central register. |
|(Source: P.A. 96-760, eff. 1-1-10.) |
| |
| |
| |
| (325 ILCS 5/11.7) (from Ch. 23, par. 2061.7) |
| Sec. 11.7. (a) The Director shall appoint the chairperson and members of a "State-wide Citizen's Committee on Child Abuse and |
|Neglect" to consult with and advise the Director. The Committee shall be composed of individuals of distinction in human services, |
|neonatal medical care, needs and rights of the disabled, law and community life, broadly representative of social and economic |
|communities across the State, who shall be appointed to 3 year staggered terms. The chairperson and members of the Committee shall |
|serve without compensation, although their travel and per diem expenses shall be reimbursed in accordance with standard State |
|procedures. Under procedures adopted by the Committee, it may meet at any time, confer with any individuals, groups, and agencies; |
|and may issue reports or recommendations on any aspect of child abuse or neglect it deems appropriate. |
| (b) The Committee shall advise the Director on setting priorities for the administration of child abuse prevention, shelters and |
|service programs, as specified in Section 4a of "An Act creating the Department of Children and Family Services, codifying its powers|
|and duties, and repealing certain Acts and Sections herein named", approved June 4, 1963, as amended. |
| (c) The Committee shall advise the Director on policies and procedures with respect to the medical neglect of newborns and |
|infants. |
|(Source: P.A. 84-611.) |
| |
| |
| |
| (325 ILCS 5/11.8) |
| Sec. 11.8. Cross-reporting. |
| (a) Investigation Specialists, Intact Family Specialists, and Placement Specialists employed by the Department of Children and |
|Family Services who reasonably believe that an animal observed by them when in their professional or official capacity is being |
|abused or neglected in violation of the Humane Care for Animals Act must immediately make a written or oral report to the Department |
|of Agriculture's Bureau of Animal Health and Welfare. However, the Department of Children and Family Services may not discipline an |
|Investigation Specialist, an Intact Family Specialist, or a Placement Specialist for failing to make such a report if the Specialist |
|determines that making the report would interfere with the performance of his or her child welfare protection duties. |
| (b) A home rule unit may not regulate the reporting of child abuse or neglect in a manner inconsistent with the provisions of |
|this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the |
|concurrent exercise by home rule units of powers and functions exercised by the State. |
|(Source: P.A. 96-494, eff. 8-14-09.) |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
| |
|Illinois Abused and Neglected Child Reporting Act |
| |
|(325 ILCS 5/1) (from Ch. 23, par. 2051) |
| Sec. 1. This Act shall be known and may be cited as the Abused and Neglected Child Reporting Act. |
|(Source: P.A. 79-65.) |
| |
| |
| |
| (325 ILCS 5/2) (from Ch. 23, par. 2052) |
| Sec. 2. (a) The Illinois Department of Children and Family Services shall, upon receiving reports made under this Act, protect |
|the health, safety, and best interests of the child in all situations in which the child is vulnerable to child abuse or neglect, |
|offer protective services in order to prevent any further harm to the child and to other children in the same environment or family, |
|stabilize the home environment, and preserve family life whenever possible. Recognizing that children also can be abused and |
|neglected while living in public or private residential agencies or institutions meant to serve them, while attending day care |
|centers, schools, or religious activities, or when in contact with adults who are responsible for the welfare of the child at that |
|time, this Act also provides for the reporting and investigation of child abuse and neglect in such instances. In performing any of |
|these duties, the Department may utilize such protective services of voluntary agencies as are available. |
| (b) The Department shall be responsible for receiving and investigating reports of adult resident abuse or neglect under the |
|provisions of this Act. |
|(Source: P.A. 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/2.1) (from Ch. 23, par. 2052.1) |
| Sec. 2.1. Any person or family seeking assistance in meeting child care responsibilities may use the services and facilities |
|established by this Act which may assist in meeting such responsibilities. Whether or not the problem presented constitutes child |
|abuse or neglect, such persons or families shall be referred to appropriate resources or agencies. No person seeking assistance under|
|this Section shall be required to give his name or any other identifying information. |
|(Source: P.A. 81-1077.) |
| |
| |
| |
| (325 ILCS 5/3) (from Ch. 23, par. 2053) |
| Sec. 3. As used in this Act unless the context otherwise requires: |
| "Adult resident" means any person between 18 and 22 years of age who resides in any facility licensed by the Department under the|
|Child Care Act of 1969. For purposes of this Act, the criteria set forth in the definitions of "abused child" and "neglected child" |
|shall be used in determining whether an adult resident is abused or neglected. |
| "Blatant disregard" means an incident where the real, significant, and imminent risk of harm would be so obvious to a reasonable |
|parent or caretaker that it is unlikely that a reasonable parent or caretaker would have exposed the child to the danger without |
|exercising precautionary measures to protect the child from harm. |
| "Child" means any person under the age of 18 years, unless legally emancipated by reason of marriage or entry into a branch of |
|the United States armed services. |
| "Department" means Department of Children and Family Services. |
| "Local law enforcement agency" means the police of a city, town, village or other incorporated area or the sheriff of an |
|unincorporated area or any sworn officer of the Illinois Department of State Police. |
| "Abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any |
|individual residing in the same home as the child, or a paramour of the child's parent: |
| (a) inflicts, causes to be inflicted, or allows to be |
| |
| |
|inflicted upon such child physical injury, by other than accidental means, which causes death, disfigurement, impairment of physical |
|or emotional health, or loss or impairment of any bodily function; |
| |
| |
| |
| (b) creates a substantial risk of physical injury to |
| |
| |
|such child by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional |
|health, or loss or impairment of any bodily function; |
| |
| |
| |
| (c) commits or allows to be committed any sex offense |
| |
| |
|against such child, as such sex offenses are defined in the Criminal Code of 2012 or in the Wrongs to Children Act, and extending |
|those definitions of sex offenses to include children under 18 years of age; |
| |
| |
| |
| (d) commits or allows to be committed an act or acts |
| |
| |
|of torture upon such child; |
| |
| |
| |
| (e) inflicts excessive corporal punishment; |
| (f) commits or allows to be committed the offense of |
| |
| |
|female genital mutilation, as defined in Section 12-34 of the Criminal Code of 2012, against the child; |
| |
| |
| |
| (g) causes to be sold, transferred, distributed, or |
| |
| |
|given to such child under 18 years of age, a controlled substance as defined in Section 102 of the Illinois Controlled Substances Act|
|in violation of Article IV of the Illinois Controlled Substances Act or in violation of the Methamphetamine Control and Community |
|Protection Act, except for controlled substances that are prescribed in accordance with Article III of the Illinois Controlled |
|Substances Act and are dispensed to such child in a manner that substantially complies with the prescription; or |
| |
| |
| |
| (h) commits or allows to be committed the offense of |
| |
| |
|involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons as defined in Section 10-9 of the Criminal |
|Code of 2012 against the child. |
| |
| |
| |
| A child shall not be considered abused for the sole reason that the child has been relinquished in accordance with the Abandoned |
|Newborn Infant Protection Act. |
| "Neglected child" means any child who is not receiving the proper or necessary nourishment or medically indicated treatment |
|including food or care not provided solely on the basis of the present or anticipated mental or physical impairment as determined by |
|a physician acting alone or in consultation with other physicians or otherwise is not receiving the proper or necessary support or |
|medical or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for his or |
|her well-being, including adequate food, clothing and shelter; or who is subjected to an environment which is injurious insofar as |
|(i) the child's environment creates a likelihood of harm to the child's health, physical well-being, or welfare and (ii) the likely |
|harm to the child is the result of a blatant disregard of parent or caretaker responsibilities; or who is abandoned by his or her |
|parents or other person responsible for the child's welfare without a proper plan of care; or who has been provided with interim |
|crisis intervention services under Section 3-5 of the Juvenile Court Act of 1987 and whose parent, guardian, or custodian refuses to |
|permit the child to return home and no other living arrangement agreeable to the parent, guardian, or custodian can be made, and the |
|parent, guardian, or custodian has not made any other appropriate living arrangement for the child; or who is a newborn infant whose |
|blood, urine, or meconium contains any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois |
|Controlled Substances Act or a metabolite thereof, with the exception of a controlled substance or metabolite thereof whose presence |
|in the newborn infant is the result of medical treatment administered to the mother or the newborn infant. A child shall not be |
|considered neglected for the sole reason that the child's parent or other person responsible for his or her welfare has left the |
|child in the care of an adult relative for any period of time. A child shall not be considered neglected for the sole reason that the|
|child has been relinquished in accordance with the Abandoned Newborn Infant Protection Act. A child shall not be considered neglected|
|or abused for the sole reason that such child's parent or other person responsible for his or her welfare depends upon spiritual |
|means through prayer alone for the treatment or cure of disease or remedial care as provided under Section 4 of this Act. A child |
|shall not be considered neglected or abused solely because the child is not attending school in accordance with the requirements of |
|Article 26 of The School Code, as amended. |
| "Child Protective Service Unit" means certain specialized State employees of the Department assigned by the Director to perform |
|the duties and responsibilities as provided under Section 7.2 of this Act. |
| "Person responsible for the child's welfare" means the child's parent; guardian; foster parent; relative caregiver; any person |
|responsible for the child's welfare in a public or private residential agency or institution; any person responsible for the child's |
|welfare within a public or private profit or not for profit child care facility; or any other person responsible for the child's |
|welfare at the time of the alleged abuse or neglect, including any person that is the custodian of a child under 18 years of age who |
|commits or allows to be committed, against the child, the offense of involuntary servitude, involuntary sexual servitude of a minor, |
|or trafficking in persons for forced labor or services, as provided in Section 10-9 of the Criminal Code of 2012, or any person who |
|came to know the child through an official capacity or position of trust, including but not limited to health care professionals, |
|educational personnel, recreational supervisors, members of the clergy, and volunteers or support personnel in any setting where |
|children may be subject to abuse or neglect. |
| "Temporary protective custody" means custody within a hospital or other medical facility or a place previously designated for |
|such custody by the Department, subject to review by the Court, including a licensed foster home, group home, or other institution; |
|but such place shall not be a jail or other place for the detention of criminal or juvenile offenders. |
| "An unfounded report" means any report made under this Act for which it is determined after an investigation that no credible |
|evidence of abuse or neglect exists. |
| "An indicated report" means a report made under this Act if an investigation determines that credible evidence of the alleged |
|abuse or neglect exists. |
| "An undetermined report" means any report made under this Act in which it was not possible to initiate or complete an |
|investigation on the basis of information provided to the Department. |
| "Subject of report" means any child reported to the central register of child abuse and neglect established under Section 7.7 of |
|this Act as an alleged victim of child abuse or neglect and the parent or guardian of the alleged victim or other person responsible |
|for the alleged victim's welfare who is named in the report or added to the report as an alleged perpetrator of child abuse or |
|neglect. |
| "Perpetrator" means a person who, as a result of investigation, has been determined by the Department to have caused child abuse |
|or neglect. |
| "Member of the clergy" means a clergyman or practitioner of any religious denomination accredited by the religious body to which |
|he or she belongs. |
|(Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10; 96-1464, eff. 8-20-10; 97-333, eff. 8-12-11; 97-803, eff. 7-13-12; 97-897,|
|eff. 1-1-13; 97-1063, eff. 8-24-12; 97-1150, eff. 1-25-13.) |
| |
| |
| |
| (325 ILCS 5/4) |
| Sec. 4. Persons required to report; privileged communications; transmitting false report. Any physician, resident, intern, |
|hospital, hospital administrator and personnel engaged in examination, care and treatment of persons, surgeon, dentist, dentist |
|hygienist, osteopath, chiropractor, podiatric physician, physician assistant, substance abuse treatment personnel, funeral home |
|director or employee, coroner, medical examiner, emergency medical technician, acupuncturist, crisis line or hotline personnel, |
|school personnel (including administrators and both certified and non-certified school employees), personnel of institutions of |
|higher education, educational advocate assigned to a child pursuant to the School Code, member of a school board or the Chicago Board|
|of Education or the governing body of a private school (but only to the extent required in accordance with other provisions of this |
|Section expressly concerning the duty of school board members to report suspected child abuse), truant officers, social worker, |
|social services administrator, domestic violence program personnel, registered nurse, licensed practical nurse, genetic counselor, |
|respiratory care practitioner, advanced practice nurse, home health aide, director or staff assistant of a nursery school or a child |
|day care center, recreational or athletic program or facility personnel, early intervention provider as defined in the Early |
|Intervention Services System Act, law enforcement officer, licensed professional counselor, licensed clinical professional counselor,|
|registered psychologist and assistants working under the direct supervision of a psychologist, psychiatrist, or field personnel of |
|the Department of Healthcare and Family Services, Juvenile Justice, Public Health, Human Services (acting as successor to the |
|Department of Mental Health and Developmental Disabilities, Rehabilitation Services, or Public Aid), Corrections, Human Rights, or |
|Children and Family Services, supervisor and administrator of general assistance under the Illinois Public Aid Code, probation |
|officer, animal control officer or Illinois Department of Agriculture Bureau of Animal Health and Welfare field investigator, or any |
|other foster parent, homemaker or child care worker having reasonable cause to believe a child known to them in their professional or|
|official capacity may be an abused child or a neglected child shall immediately report or cause a report to be made to the |
|Department. |
| 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 item (c) of the definition of "abused child" in Section 3 of this Act |
|shall immediately report or cause a report to be made to the Department. |
| Any physician, physician's assistant, registered nurse, licensed practical nurse, medical technician, certified nursing |
|assistant, social worker, or licensed professional counselor of any office, clinic, or any other physical location that provides |
|abortions, abortion referrals, or contraceptives having reasonable cause to believe a child known to him or her in his or her |
|professional or official capacity may be an abused child or a neglected child shall immediately report or cause a report to be made |
|to the Department. |
| If an allegation is raised to a school board member during the course of an open or closed school board meeting that a child who |
|is enrolled in the school district of which he or she is a board member is an abused child as defined in Section 3 of this Act, the |
|member shall direct or cause the school board to direct the superintendent of the school district or other equivalent school |
|administrator to comply with the requirements of this Act concerning the reporting of child abuse. For purposes of this paragraph, a |
|school board member is granted the authority in his or her individual capacity to direct the superintendent of the school district or|
|other equivalent school administrator to comply with the requirements of this Act concerning the reporting of child abuse. |
| Notwithstanding any other provision of this Act, if an employee of a school district has made a report or caused a report to be |
|made to the Department under this Act involving the conduct of a current or former employee of the school district and a request is |
|made by another school district for the provision of information concerning the job performance or qualifications of the current or |
|former employee because he or she is an applicant for employment with the requesting school district, the general superintendent of |
|the school district to which the request is being made must disclose to the requesting school district the fact that an employee of |
|the school district has made a report involving the conduct of the applicant or caused a report to be made to the Department, as |
|required under this Act. Only the fact that an employee of the school district has made a report involving the conduct of the |
|applicant or caused a report to be made to the Department may be disclosed by the general superintendent of the school district to |
|which the request for information concerning the applicant is made, and this fact may be disclosed only in cases where the employee |
|and the general superintendent have not been informed by the Department that the allegations were unfounded. An employee of a school |
|district who is or has been the subject of a report made pursuant to this Act during his or her employment with the school district |
|must be informed by that school district that if he or she applies for employment with another school district, the general |
|superintendent of the former school district, upon the request of the school district to which the employee applies, shall notify |
|that requesting school district that the employee is or was the subject of such a report. |
| Whenever such person is required to report under this Act in his 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 the provisions of this 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 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 his 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. |
| The privileged quality of communication between any professional person required to report and his 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 this|
|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. |
| The reporting requirements of this Act shall not apply to the contents of a privileged communication between an attorney and his |
|or her client or to confidential information within the meaning of Rule 1.6 of the Illinois Rules of Professional Conduct relating to|
|the legal representation of an individual client. |
| A member of the clergy may claim the privilege under Section 8-803 of the Code of Civil Procedure. |
| Any office, clinic, or any other physical location that provides abortions, abortion referrals, or contraceptives shall provide |
|to all office personnel copies of written information and training materials about abuse and neglect and the requirements of this Act|
|that are provided to employees of the office, clinic, or physical location who are required to make reports to the Department under |
|this Act, and instruct such office personnel to bring to the attention of an employee of the office, clinic, or physical location who|
|is required to make reports to the Department under this Act any reasonable suspicion that a child known to him or her in his or her |
|professional or official capacity may be an abused child or a neglected child. In addition to the above persons required to report |
|suspected cases of abused or neglected children, any other person may make a report if such person has reasonable cause to believe a |
|child may be an abused child or a neglected child. |
| Any person who enters into employment on and after July 1, 1986 and is mandated by virtue of that employment to report under this|
|Act, shall sign a statement on a form prescribed by the Department, to the effect that the employee has knowledge and understanding |
|of the reporting requirements of this Act. The statement shall be signed prior to commencement of the employment. The signed |
|statement shall be retained by the employer. The cost of printing, distribution, and filing of the statement shall be borne by the |
|employer. |
| Within one year of initial employment and at least every 5 years thereafter, school personnel required to report child abuse as |
|provided under this Section must complete mandated reporter training by a provider or agency with expertise in recognizing and |
|reporting child abuse. |
| The Department shall provide copies of this Act, upon request, to all employers employing persons who shall be required under the|
|provisions of this Section to report under this Act. |
| Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection |
|(a)(7) of Section 26-1 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 this Section other than a second or subsequent violation of |
|transmitting a false report as described in the preceding paragraph, is guilty of a Class A misdemeanor for a first violation and a |
|Class 4 felony for a second or subsequent violation; except that if the person acted as part of a plan or scheme having as its object|
|the prevention of discovery of an abused or neglected child by lawful authorities for the purpose of protecting or insulating any |
|person or entity from arrest or prosecution, the person is guilty of a Class 4 felony for a first offense and a Class 3 felony for a |
|second or subsequent offense (regardless of whether the second or subsequent offense involves any of the same facts or persons as the|
|first or other prior offense). |
| 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. |
| A child shall not be considered neglected or abused solely because the child is not attending school in accordance with the |
|requirements of Article 26 of the School Code, as amended. |
| Nothing in this Act prohibits a mandated reporter who reasonably believes that an animal is being abused or neglected in |
|violation of the Humane Care for Animals Act from reporting animal abuse or neglect to the Department of Agriculture's Bureau of |
|Animal Health and Welfare. |
| A home rule unit may not regulate the reporting of child abuse or neglect in a manner inconsistent with the provisions of this |
|Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent|
|exercise by home rule units of powers and functions exercised by the State. |
| For purposes of this Section "child abuse or neglect" includes abuse or neglect of an adult resident as defined in this Act. |
|(Source: P.A. 97-189, eff. 7-22-11; 97-254, eff. 1-1-12; 97-387, eff. 8-15-11; 97-711, eff. 6-27-12; 97-813, eff. 7-13-12; 97-1150, |
|eff. 1-25-13; 98-67, eff. 7-15-13; 98-214, eff. 8-9-13; 98-408, eff. 7-1-14; 98-756, eff. 7-16-14.) |
| |
| |
| |
| (325 ILCS 5/4.02) (from Ch. 23, par. 2054.02) |
| Sec. 4.02. Any physician who willfully fails to report suspected child abuse or neglect as required by this Act shall be referred|
|to the Illinois State Medical Disciplinary Board for action in accordance with paragraph 22 of Section 22 of the Medical Practice Act|
|of 1987. Any dentist or dental hygienist who willfully fails to report suspected child abuse or neglect as required by this Act shall|
|be referred to the Department of Professional Regulation for action in accordance with paragraph 19 of Section 23 of the Illinois |
|Dental Practice Act. Any other person required by this Act to report suspected child abuse and neglect who willfully fails to report |
|such is guilty of a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation. |
|(Source: P.A. 91-197, eff. 1-1-00; 92-801, eff. 8-16-02.) |
| |
| |
| |
| (325 ILCS 5/4.1) (from Ch. 23, par. 2054.1) |
| Sec. 4.1. Any person required to report under this Act who has reasonable cause to suspect that a child has died as a result of |
|abuse or neglect shall also immediately report his suspicion to the appropriate medical examiner or coroner. Any other person who has|
|reasonable cause to believe that a child has died as a result of abuse or neglect may report his suspicion to the appropriate medical|
|examiner or coroner. The medical examiner or coroner shall investigate the report and communicate his apparent gross findings, |
|orally, immediately upon completion of the gross autopsy, but in all cases within 72 hours and within 21 days in writing, to the |
|local law enforcement agency, the appropriate State's attorney, the Department and, if the institution making the report is a |
|hospital, the hospital. The child protective investigator assigned to the death investigation shall have the right to require a copy |
|of the completed autopsy report from the coroner or medical examiner. |
|(Source: P.A. 85-193.) |
| |
| |
| |
| (325 ILCS 5/4.2) |
| Sec. 4.2. Departmental report on death or serious life-threatening injury of child. |
| (a) In the case of the death or serious life-threatening injury of a child whose care and custody or custody and guardianship has|
|been transferred to the Department, or in the case of a child abuse or neglect report made to the central register involving the |
|death of a child, the Department shall (i) investigate or provide for an investigation of the cause of and circumstances surrounding |
|the death or serious life-threatening injury, (ii) review the investigation, and (iii) prepare and issue a report on the death or |
|serious life-threatening injury. |
| (b) The report shall include (i) the cause of death or serious life-threatening injury, whether from natural or other causes, |
|(ii) any extraordinary or pertinent information concerning the circumstances of the child's death or serious life-threatening injury,|
|(iii) identification of child protective or other social services provided or actions taken regarding the child or his or her family |
|at the time of the death or serious life-threatening injury or within the preceding 5 years, (iv) any action or further investigation|
|undertaken by the Department since the death or serious life-threatening injury of the child, (v) as appropriate, recommendations for|
|State administrative or policy changes, (vi) whether the alleged perpetrator of the abuse or neglect has been charged with committing|
|a crime related to the report and allegation of abuse or neglect, and (vii) a copy of any documents, files, records, books, and |
|papers created or used in connection with the Department's investigation of the death or serious life-threatening injury of the |
|child. In any case involving the death or near death of a child, when a person responsible for the child has been charged with |
|committing a crime that results in the child's death or near death, there shall be a presumption that the best interest of the public|
|will be served by public disclosure of certain information concerning the circumstances of the investigations of the death or near |
|death of the child and any other investigations concerning that child or other children living in the same household. |
| If the Department receives from the public a request for information relating to a case of child abuse or neglect involving the |
|death or serious life-threatening injury of a child, the Director shall consult with the State's Attorney in the county of venue and |
|release the report related to the case, except for the following, which may be redacted from the information disclosed to the public:|
|any mental health or psychological information that is confidential as otherwise provided in State law; privileged communications of |
|an attorney; the identity of the individual or individuals, if known, who made the report; information that may cause mental or |
|physical harm to a sibling or another child living in the household; information that may undermine an ongoing criminal |
|investigation; and any information prohibited from disclosure by federal law or regulation. Any information provided by an adult |
|subject of a report that is released about the case in a public forum shall be subject to disclosure upon a public information |
|request. Information about the case shall also be subject to disclosure upon consent of an adult subject. Information about the case |
|shall also be subject to disclosure if it has been publicly disclosed in a report by a law enforcement agency or official, a State's |
|Attorney, a judge, or any other State or local investigative agency or official. Except as it may apply directly to the cause of the |
|death or serious life-threatening injury of the child, nothing in this Section shall be deemed to authorize the release or disclosure|
|to the public of the substance or content of any psychological, psychiatric, therapeutic, clinical, or medical reports, evaluation, |
|or like materials or information pertaining to the child or the child's family. |
| (c) No later than 6 months after the date of the death or serious life-threatening injury of the child, the Department shall |
|notify the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority |
|Leader of the House of Representatives, and the members of the Senate and the House of Representatives in whose district the child's |
|death or serious life-threatening injury occurred upon the completion of each report and shall submit an annual cumulative report to |
|the Governor and the General Assembly incorporating cumulative data about the above reports and including appropriate findings and |
|recommendations. The reports required by this subsection (c) shall be made available to the public after completion or submittal. |
| (d) To enable the Department to prepare the report, the Department may request and shall timely receive from departments, boards,|
|bureaus, or other agencies of the State, or any of its political subdivisions, or any duly authorized agency, or any other agency |
|which provided assistance, care, or services to the deceased or injured child any information they are authorized to provide. |
|(Source: P.A. 97-1068, eff. 1-1-13.) |
| |
| |
| |
| (325 ILCS 5/4.3) |
| Sec. 4.3. DCFS duty to report. The Department shall report the disappearance of any child under its custody or guardianship to |
|the local law enforcement agency working in cooperation with the State Missing Persons Clearinghouse. |
|(Source: P.A. 97-938, eff. 1-1-13.) |
| |
| |
| |
| (325 ILCS 5/4.4) |
| Sec. 4.4. DCFS duty to report to State's Attorney. Whenever the Department receives, by means of its statewide toll-free |
|telephone number established under Section 7.6 for the purpose of reporting suspected child abuse or neglect or by any other means or|
|from any mandated reporter under Section 4, a report of a newborn infant whose blood, urine, or meconium contains any amount of a |
|controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act or a metabolite thereof, |
|with the exception of a controlled substance or metabolite thereof whose presence in the newborn infant is the result of medical |
|treatment administered to the mother or the newborn infant, the Department must immediately report that information to the State's |
|Attorney of the county in which the infant was born. |
|(Source: P.A. 95-361, eff. 8-23-07.) |
| |
| |
| |
| (325 ILCS 5/4.4a) |
| Sec. 4.4a. Department of Children and Family Services duty to report to Department of Human Services' Office of Inspector |
|General. Whenever the Department receives, by means of its statewide toll-free telephone number established under Section 7.6 for the|
|purpose of reporting suspected child abuse or neglect or by any other means or from any mandated reporter under Section 4 of this |
|Act, a report of suspected abuse, neglect, or financial exploitation of a disabled adult between the ages of 18 and 59 and who is not|
|residing in a DCFS licensed facility, the Department shall instruct the reporter to contact the Department of Human Services' Office |
|of the Inspector General and shall provide the reporter with the statewide, 24-hour toll-free telephone number established and |
|maintained by the Department of Human Services' Office of the Inspector General. |
|(Source: P.A. 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/4.5) |
| Sec. 4.5. Electronic and information technology workers; reporting child pornography. |
| (a) In this Section: |
| "Child pornography" means child pornography as described in Section 11-20.1 of the Criminal Code of 2012. |
| "Electronic and information technology equipment" means equipment used in the creation, manipulation, storage, display, or |
|transmission of data, including internet and intranet systems, software applications, operating systems, video and multimedia, |
|telecommunications products, kiosks, information transaction machines, copiers, printers, and desktop and portable computers. |
| "Electronic and information technology equipment worker" means a person who in the scope and course of his or her employment or |
|business installs, repairs, or otherwise services electronic and information technology equipment for a fee but does not include (i) |
|an employee, independent contractor, or other agent of a telecommunications carrier or telephone or telecommunications cooperative, |
|as those terms are defined in the Public Utilities Act, or (ii) an employee, independent contractor, or other agent of a provider of |
|commercial mobile radio service, as defined in 47 C.F.R. 20.3. |
| (b) If an electronic and information technology equipment worker discovers any depiction of child pornography while installing, |
|repairing, or otherwise servicing an item of electronic and information technology equipment, that worker or the worker's employer |
|shall immediately report the discovery to the local law enforcement agency or to the Cyber Tipline at the National Center for Missing|
|& Exploited Children. |
| (c) If a report is filed in accordance with the requirements of 42 U.S.C. 13032, the requirements of this Section 4.5 will be |
|deemed to have been met. |
| (d) An electronic and information technology equipment worker or electronic and information technology equipment worker's |
|employer who reports a discovery of child pornography as required under this Section is immune from any criminal, civil, or |
|administrative liability in connection with making the report, except for willful or wanton misconduct. |
| (e) Failure to report a discovery of child pornography as required under this Section is a business offense subject to a fine of |
|$1,001. |
|(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) |
| |
| |
| |
| (325 ILCS 5/5) (from Ch. 23, par. 2055) |
| Sec. 5. An officer of a local law enforcement agency, designated employee of the Department, or a physician treating a child may |
|take or retain temporary protective custody of the child without the consent of the person responsible for the child's welfare, if |
|(1) he has reason to believe that the child cannot be cared for at home or in the custody of the person responsible for the child's |
|welfare without endangering the child's health or safety; and (2) there is not time to apply for a court order under the Juvenile |
|Court Act of 1987 for temporary custody of the child. The person taking or retaining a child in temporary protective custody shall |
|immediately make every reasonable effort to notify the person responsible for the child's welfare and shall immediately notify the |
|Department. The Department shall provide to the temporary caretaker of a child any information in the Department's possession |
|concerning the positive results of a test performed on the child to determine the presence of the antibody or antigen to Human |
|Immunodeficiency Virus (HIV), or of HIV infection, as well as any communicable diseases or communicable infections that the child |
|has. The temporary caretaker of a child shall not disclose to another person any information received by the temporary caretaker from|
|the Department concerning the results of a test performed on the child to determine the presence of the antibody or antigen to HIV, |
|or of HIV infection, except pursuant to Section 9 of the AIDS Confidentiality Act, as now or hereafter amended. The Department shall |
|promptly initiate proceedings under the Juvenile Court Act of 1987 for the continued temporary custody of the child. |
| Where the physician keeping a child in his custody does so in his capacity as a member of the staff of a hospital or similar |
|institution, he shall notify the person in charge of the institution or his designated agent, who shall then become responsible for |
|the further care of such child in the hospital or similar institution under the direction of the Department. |
| Said care includes, but is not limited to the granting of permission to perform emergency medical treatment to a minor where the |
|treatment itself does not involve a substantial risk of harm to the minor and the failure to render such treatment will likely result|
|in death or permanent harm to the minor, and there is not time to apply for a court order under the Juvenile Court Act of 1987. |
| Any person authorized and acting in good faith in the removal of a child under this Section shall have immunity from any |
|liability, civil or criminal that might otherwise be incurred or imposed as a result of such removal. Any physician authorized and |
|acting in good faith and in accordance with acceptable medical practice in the treatment of a child under this Section shall have |
|immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of granting permission for |
|emergency treatment. |
| With respect to any child taken into temporary protective custody pursuant to this Section, the Department of Children and Family|
|Services Guardianship Administrator or his designee shall be deemed the child's legally authorized representative for purposes of |
|consenting to an HIV test if deemed necessary and appropriate by the Department's Guardianship Administrator or designee and |
|obtaining and disclosing information concerning such test pursuant to the AIDS Confidentiality Act if deemed necessary and |
|appropriate by the Department's Guardianship Administrator or designee and for purposes of consenting to the release of information |
|pursuant to the Illinois Sexually Transmissible Disease Control Act if deemed necessary and appropriate by the Department's |
|Guardianship Administrator or designee. |
| Any person who administers an HIV test upon the consent of the Department of Children and Family Services Guardianship |
|Administrator or his designee, or who discloses the results of such tests to the Department's Guardianship Administrator or his |
|designee, shall have immunity from any liability, civil, criminal or otherwise, that might result by reason of such actions. For the |
|purpose of any proceedings, civil or criminal, the good faith of any persons required to administer or disclose the results of tests,|
|or permitted to take such actions, shall be presumed. |
|(Source: P.A. 90-28, eff. 1-1-98.) |
| |
| |
| |
| (325 ILCS 5/6) (from Ch. 23, par. 2056) |
| Sec. 6. Any person required to investigate cases of suspected child abuse or neglect may take or cause to be taken, at Department|
|expense, color photographs and x-rays of the child who is the subject of a report, and color photographs of the physical environment |
|in which the alleged abuse or neglect has taken place. The person seeking to take such photographs or x-rays shall make every |
|reasonable effort to notify the person responsible for the child's welfare. |
|(Source: P.A. 84-611.) |
| |
| |
| |
| (325 ILCS 5/7) (from Ch. 23, par. 2057) |
| Sec. 7. Time and manner of making reports. All reports of suspected child abuse or neglect made under this Act shall be made |
|immediately by telephone to the central register established under Section 7.7 on the single, State-wide, toll-free telephone number |
|established in Section 7.6, or in person or by telephone through the nearest Department office. The Department shall, in cooperation |
|with school officials, distribute appropriate materials in school buildings listing the toll-free telephone number established in |
|Section 7.6, including methods of making a report under this Act. The Department may, in cooperation with appropriate members of the |
|clergy, distribute appropriate materials in churches, synagogues, temples, mosques, or other religious buildings listing the |
|toll-free telephone number established in Section 7.6, including methods of making a report under this Act. |
| Wherever the Statewide number is posted, there shall also be posted the following notice: |
| "Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection |
|(a)(7) of Section 26-1 of the Criminal Code of 2012. A violation of this subsection is a Class 4 felony." |
| The report required by this Act shall include, if known, the name and address of the child and his parents or other persons |
|having his custody; the child's age; the nature of the child's condition including any evidence of previous injuries or disabilities;|
|and any other information that the person filing the report believes might be helpful in establishing the cause of such abuse or |
|neglect and the identity of the person believed to have caused such abuse or neglect. Reports made to the central register through |
|the State-wide, toll-free telephone number shall be immediately transmitted by the Department to the appropriate Child Protective |
|Service Unit. All such reports alleging the death of a child, serious injury to a child including, but not limited to, brain damage, |
|skull fractures, subdural hematomas, and internal injuries, torture of a child, malnutrition of a child, and sexual abuse to a child,|
|including, but not limited to, sexual intercourse, sexual exploitation, sexual molestation, and sexually transmitted disease in a |
|child age 12 and under, shall also be immediately transmitted by the Department to the appropriate local law enforcement agency. The |
|Department shall within 24 hours orally notify local law enforcement personnel and the office of the State's Attorney of the involved|
|county of the receipt of any report alleging the death of a child, serious injury to a child including, but not limited to, brain |
|damage, skull fractures, subdural hematomas, and, internal injuries, torture of a child, malnutrition of a child, and sexual abuse to|
|a child, including, but not limited to, sexual intercourse, sexual exploitation, sexual molestation, and sexually transmitted disease|
|in a child age twelve and under. All oral reports made by the Department to local law enforcement personnel and the office of the |
|State's Attorney of the involved county shall be confirmed in writing within 24 hours of the oral report. All reports by persons |
|mandated to report under this Act shall be confirmed in writing to the appropriate Child Protective Service Unit, which may be on |
|forms supplied by the Department, within 48 hours of any initial report. |
| Written confirmation reports from persons not required to report by this Act may be made to the appropriate Child Protective |
|Service Unit. Written reports from persons required by this Act to report shall be admissible in evidence in any judicial proceeding |
|or administrative hearing relating to child abuse or neglect. Reports involving known or suspected child abuse or neglect in public |
|or private residential agencies or institutions shall be made and received in the same manner as all other reports made under this |
|Act. |
| For purposes of this Section "child" includes an adult resident as defined in this Act. |
|(Source: P.A. 96-1446, eff. 8-20-10; 97-189, eff. 7-22-11; 97-387, eff. 8-15-11; 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.) |
| |
| |
| |
| (325 ILCS 5/7.1) (from Ch. 23, par. 2057.1) |
| Sec. 7.1. (a) To the fullest extent feasible, the Department shall cooperate with and shall seek the cooperation and involvement |
|of all appropriate public and private agencies, including health, education, social service and law enforcement agencies, religious |
|institutions, courts of competent jurisdiction, and agencies, organizations, or programs providing or concerned with human services |
|related to the prevention, identification or treatment of child abuse or neglect. |
| Such cooperation and involvement shall include joint consultation and services, joint planning, joint case management, joint |
|public education and information services, joint utilization of facilities, joint staff development and other training, and the |
|creation of multidisciplinary case diagnostic, case handling, case management, and policy planning teams. Such cooperation and |
|involvement shall also include consultation and planning with the Illinois Department of Human Services regarding referrals to |
|designated perinatal centers of newborn children requiring protective custody under this Act, whose life or development may be |
|threatened by a developmental disability or handicapping condition. |
| For implementing such intergovernmental cooperation and involvement, units of local government and public and private agencies |
|may apply for and receive federal or State funds from the Department under this Act or seek and receive gifts from local |
|philanthropic or other private local sources in order to augment any State funds appropriated for the purposes of this Act. |
| (b) The Department may establish up to 5 demonstrations of multidisciplinary teams to advise, review and monitor cases of child |
|abuse and neglect brought by the Department or any member of the team. The Director shall determine the criteria by which certain |
|cases of child abuse or neglect are brought to the multidisciplinary teams. The criteria shall include but not be limited to |
|geographic area and classification of certain cases where allegations are of a severe nature. Each multidisciplinary team shall |
|consist of 7 to 10 members appointed by the Director, including, but not limited to representatives from the medical, mental health, |
|educational, juvenile justice, law enforcement and social service fields. |
|(Source: P.A. 92-801, eff. 8-16-02.) |
| |
| |
| |
| (325 ILCS 5/7.2) (from Ch. 23, par. 2057.2) |
| Sec. 7.2. The Department shall establish a Child Protective Service Unit within each geographic region as designated by the |
|Director of the Department. The Child Protective Service Unit shall perform those functions assigned by this Act to it and only such |
|others that would further the purposes of this Act. It shall have a sufficient staff of qualified personnel to fulfill the purpose of|
|this Act and be organized in such a way as to maximize the continuity of responsibility, care and service of the individual workers |
|toward the individual children and families. |
| The Child Protective Service Unit shall designate members of each unit to receive specialty training to serve as special |
|consultants to unit staff and the public in the areas of child sexual abuse, child deaths and injuries, and out-of-home |
|investigations. |
|(Source: P.A. 85-1440.) |
| |
| |
| |
| (325 ILCS 5/7.3) (from Ch. 23, par. 2057.3) |
| Sec. 7.3. (a) The Department shall be the sole agency responsible for receiving and investigating reports of child abuse or |
|neglect made under this Act, including reports of adult resident abuse or neglect as defined in this Act, except where investigations|
|by other agencies may be required with respect to reports alleging the death of a child, serious injury to a child or sexual abuse to|
|a child made pursuant to Sections 4.1 or 7 of this Act, and except that the Department may delegate the performance of the |
|investigation to the Department of State Police, a law enforcement agency and to those private social service agencies which have |
|been designated for this purpose by the Department prior to July 1, 1980. |
| (b) Notwithstanding any other provision of this Act, the Department shall adopt rules expressly allowing law enforcement |
|personnel to investigate reports of suspected child abuse or neglect concurrently with the Department, without regard to whether the |
|Department determines a report to be "indicated" or "unfounded" or deems a report to be "undetermined". |
|(Source: P.A. 95-57, eff. 8-10-07; 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/7.3a) (from Ch. 23, par. 2057.3a) |
| Sec. 7.3a. The Director of the Department shall appoint a Perinatal Coordinator who shall be a physician licensed to practice |
|medicine in all its branches with a specialty certification in pediatric care. Such coordinator, or other designated medical |
|specialists, shall review all reports of suspected medical neglect involving newborns or infants, coordinate the evaluation of the |
|subject of such report, and assist in necessary referrals to appropriate perinatal medical care and treatment. When the Perinatal |
|Coordinator or other designated medical specialists, alone or in consultation with an infant care review committee established by a |
|medical facility, determine that a newborn or infant child is being neglected as defined in Section 3 of this Act, a designated |
|employee of the Department shall take the steps necessary to protect such newborn or infant child's life or health, including but not|
|limited to taking temporary protective custody. |
|(Source: P.A. 83-1248.) |
| |
| |
| |
| (325 ILCS 5/7.3b) (from Ch. 23, par. 2057.3b) |
| Sec. 7.3b. All persons required to report under Section 4 may refer to the Department of Human Services any pregnant person in |
|this State who is addicted as defined in the Alcoholism and Other Drug Abuse and Dependency Act. The Department of Human Services |
|shall notify the local Infant Mortality Reduction Network service provider or Department funded prenatal care provider in the area in|
|which the person resides. The service provider shall prepare a case management plan and assist the pregnant woman in obtaining |
|counseling and treatment from a local substance abuse service provider licensed by the Department of Human Services or a licensed |
|hospital which provides substance abuse treatment services. The local Infant Mortality Reduction Network service provider and |
|Department funded prenatal care provider shall monitor the pregnant woman through the service program. The Department of Human |
|Services shall have the authority to promulgate rules and regulations to implement this Section. |
|(Source: P.A. 88-670, eff. 12-2-94; 89-507 (Sections 9C-25 and 9M-5), eff. 7-1-97.) |
| |
| |
| |
| (325 ILCS 5/7.3c) |
| Sec. 7.3c. Substance abuse services for women with children. |
| The Department of Human Services and the Department of Children and Family Services shall develop a community based system of |
|integrated child welfare and substance abuse services for the purpose of providing safety and protection for children, improving |
|adult health and parenting outcomes, and improving family outcomes. |
| The Department of Children and Family Services, in cooperation with the Department of Human Services, shall develop case |
|management protocols for DCFS clients with substance abuse problems. The Departments may establish pilot programs designed to test |
|the most effective approaches to case-management. The Departments shall evaluate the effectiveness of these pilot programs and report|
|to the Governor and the General Assembly on an annual basis. |
|(Source: P.A. 89-268, eff. 1-1-96; 89-507, eff. 7-1-97.) |
| |
| |
| |
| (325 ILCS 5/7.4) (from Ch. 23, par. 2057.4) |
| Sec. 7.4. (a) The Department shall be capable of receiving reports of suspected child abuse or neglect 24 hours a day, 7 days a |
|week. Whenever the Department receives a report alleging that a child is a truant as defined in Section 26-2a of The School Code, as |
|now or hereafter amended, the Department shall notify the superintendent of the school district in which the child resides and the |
|appropriate superintendent of the educational service region. The notification to the appropriate officials by the Department shall |
|not be considered an allegation of abuse or neglect under this Act. |
| (a-5) Beginning January 1, 2010, the Department of Children and Family Services may implement a 5-year demonstration of a |
|"differential response program" in accordance with criteria, standards, and procedures prescribed by rule. The program may provide |
|that, upon receiving a report, the Department shall determine whether to conduct a family assessment or an investigation as |
|appropriate to prevent or provide a remedy for child abuse or neglect. |
| For purposes of this subsection (a-5), "family assessment" means a comprehensive assessment of child safety, risk of subsequent |
|child maltreatment, and family strengths and needs that is applied to a child maltreatment report that does not allege substantial |
|child endangerment. "Family assessment" does not include a determination as to whether child maltreatment occurred but does determine|
|the need for services to address the safety of family members and the risk of subsequent maltreatment. |
| For purposes of this subsection (a-5), "investigation" means fact-gathering related to the current safety of a child and the risk|
|of subsequent abuse or neglect that determines whether a report of suspected child abuse or neglect should be indicated or unfounded |
|and whether child protective services are needed. |
| Under the "differential response program" implemented under this subsection (a-5), the Department: |
| (1) Shall conduct an investigation on reports |
| |
| |
|involving substantial child abuse or neglect. |
| |
| |
| |
| (2) Shall begin an immediate investigation if, at any |
| |
| |
|time when it is using a family assessment response, it determines that there is reason to believe that substantial child abuse or |
|neglect or a serious threat to the child's safety exists. |
| |
| |
| |
| (3) May conduct a family assessment for reports that |
| |
| |
|do not allege substantial child endangerment. In determining that a family assessment is appropriate, the Department may consider |
|issues including, but not limited to, child safety, parental cooperation, and the need for an immediate response. |
| |
| |
| |
| (4) Shall promulgate criteria, standards, and |
| |
| |
|procedures that shall be applied in making this determination, taking into consideration the Child Endangerment Risk Assessment |
|Protocol of the Department. |
| |
| |
| |
| (5) May conduct a family assessment on a report that |
| |
| |
|was initially screened and assigned for an investigation. |
| |
| |
| |
| In determining that a complete investigation is not required, the Department must document the reason for terminating the |
|investigation and notify the local law enforcement agency or the Department of State Police if the local law enforcement agency or |
|Department of State Police is conducting a joint investigation. |
| Once it is determined that a "family assessment" will be implemented, the case shall not be reported to the central register of |
|abuse and neglect reports. |
| During a family assessment, the Department shall collect any available and relevant information to determine child safety, risk |
|of subsequent abuse or neglect, and family strengths. |
| Information collected includes, but is not limited to, when relevant: information with regard to the person reporting the alleged|
|abuse or neglect, including the nature of the reporter's relationship to the child and to the alleged offender, and the basis of the |
|reporter's knowledge for the report; the child allegedly being abused or neglected; the alleged offender; the child's caretaker; and |
|other collateral sources having relevant information related to the alleged abuse or neglect. Information relevant to the assessment |
|must be asked for, and may include: |
| (A) The child's sex and age, prior reports of abuse |
| |
| |
|or neglect, information relating to developmental functioning, credibility of the child's statement, and whether the information |
|provided under this paragraph (A) is consistent with other information collected during the course of the assessment or |
|investigation. |
| |
| |
| |
| (B) The alleged offender's age, a record check for |
| |
| |
|prior reports of abuse or neglect, and criminal charges and convictions. The alleged offender may submit supporting documentation |
|relevant to the assessment. |
| |
| |
| |
| (C) Collateral source information regarding the |
| |
| |
|alleged abuse or neglect and care of the child. Collateral information includes, when relevant: (i) a medical examination of the |
|child; (ii) prior medical records relating to the alleged maltreatment or care of the child maintained by any facility, clinic, or |
|health care professional, and an interview with the treating professionals; and (iii) interviews with the child's caretakers, |
|including the child's parent, guardian, foster parent, child care provider, teachers, counselors, family members, relatives, and |
|other persons who may have knowledge regarding the alleged maltreatment and the care of the child. |
| |
| |
| |
| (D) Information on the existence of domestic abuse |
| |
| |
|and violence in the home of the child, and substance abuse. |
| |
| |
| |
| Nothing in this subsection (a-5) precludes the Department from collecting other relevant information necessary to conduct the |
|assessment or investigation. Nothing in this subsection (a-5) shall be construed to allow the name or identity of a reporter to be |
|disclosed in violation of the protections afforded under Section 7.19 of this Act. |
| After conducting the family assessment, the Department shall determine whether services are needed to address the safety of the |
|child and other family members and the risk of subsequent abuse or neglect. |
| Upon completion of the family assessment, if the Department concludes that no services shall be offered, then the case shall be |
|closed. If the Department concludes that services shall be offered, the Department shall develop a family preservation plan and offer|
|or refer services to the family. |
| At any time during a family assessment, if the Department believes there is any reason to stop the assessment and conduct an |
|investigation based on the information discovered, the Department shall do so. |
| The procedures available to the Department in conducting investigations under this Act shall be followed as appropriate during a |
|family assessment. |
| The Department shall arrange for an independent evaluation of the "differential response program" authorized and implemented |
|under this subsection (a-5) to determine whether it is meeting the goals in accordance with Section 2 of this Act. The Department may|
|adopt administrative rules necessary for the execution of this Section, in accordance with Section 4 of the Children and Family |
|Services Act. |
| The demonstration conducted under this subsection (a-5) shall become a permanent program on July 1, 2016, upon completion of the |
|demonstration project period. |
| (b)(1) The following procedures shall be followed in the investigation of all reports of suspected abuse or neglect of a child, |
|except as provided in subsection (c) of this Section. |
| (2) If, during a family assessment authorized by subsection (a-5) or an investigation, it appears that the immediate safety or |
|well-being of a child is endangered, that the family may flee or the child disappear, or that the facts otherwise so warrant, the |
|Child Protective Service Unit shall commence an investigation immediately, regardless of the time of day or night. All other |
|investigations shall be commenced within 24 hours of receipt of the report. Upon receipt of a report, the Child Protective Service |
|Unit shall conduct a family assessment authorized by subsection (a-5) or begin an initial investigation and make an initial |
|determination whether the report is a good faith indication of alleged child abuse or neglect. |
| (3) Based on an initial investigation, if the Unit determines the report is a good faith indication of alleged child abuse or |
|neglect, then a formal investigation shall commence and, pursuant to Section 7.12 of this Act, may or may not result in an indicated |
|report. The formal investigation shall include: direct contact with the subject or subjects of the report as soon as possible after |
|the report is received; an evaluation of the environment of the child named in the report and any other children in the same |
|environment; a determination of the risk to such children if they continue to remain in the existing environments, as well as a |
|determination of the nature, extent and cause of any condition enumerated in such report; the name, age and condition of other |
|children in the environment; and an evaluation as to whether there would be an immediate and urgent necessity to remove the child |
|from the environment if appropriate family preservation services were provided. After seeing to the safety of the child or children, |
|the Department shall forthwith notify the subjects of the report in writing, of the existence of the report and their rights existing|
|under this Act in regard to amendment or expungement. To fulfill the requirements of this Section, the Child Protective Service Unit |
|shall have the capability of providing or arranging for comprehensive emergency services to children and families at all times of the|
|day or night. |
| (4) If (i) at the conclusion of the Unit's initial investigation of a report, the Unit determines the report to be a good faith |
|indication of alleged child abuse or neglect that warrants a formal investigation by the Unit, the Department, any law enforcement |
|agency or any other responsible agency and (ii) the person who is alleged to have caused the abuse or neglect is employed or |
|otherwise engaged in an activity resulting in frequent contact with children and the alleged abuse or neglect are in the course of |
|such employment or activity, then the Department shall, except in investigations where the Director determines that such notification|
|would be detrimental to the Department's investigation, inform the appropriate supervisor or administrator of that employment or |
|activity that the Unit has commenced a formal investigation pursuant to this Act, which may or may not result in an indicated report.|
|The Department shall also notify the person being investigated, unless the Director determines that such notification would be |
|detrimental to the Department's investigation. |
| (c) In an investigation of a report of suspected abuse or neglect of a child by a school employee at a school or on school |
|grounds, the Department shall make reasonable efforts to follow the following procedures: |
| (1) Investigations involving teachers shall not, to |
| |
| |
|the extent possible, be conducted when the teacher is scheduled to conduct classes. Investigations involving other school employees |
|shall be conducted so as to minimize disruption of the school day. The school employee accused of child abuse or neglect may have his|
|superior, his association or union representative and his attorney present at any interview or meeting at which the teacher or |
|administrator is present. The accused school employee shall be informed by a representative of the Department, at any interview or |
|meeting, of the accused school employee's due process rights and of the steps in the investigation process. The information shall |
|include, but need not necessarily be limited to the right, subject to the approval of the Department, of the school employee to |
|confront the accuser, if the accuser is 14 years of age or older, or the right to review the specific allegations which gave rise to |
|the investigation, and the right to review all materials and evidence that have been submitted to the Department in support of the |
|allegation. These due process rights shall also include the right of the school employee to present countervailing evidence regarding|
|the accusations. |
| |
| |
| |
| (2) If a report of neglect or abuse of a child by a |
| |
| |
|teacher or administrator does not involve allegations of sexual abuse or extreme physical abuse, the Child Protective Service Unit |
|shall make reasonable efforts to conduct the initial investigation in coordination with the employee's supervisor. |
| |
| |
| |
| If the Unit determines that the report is a good |
| |
| |
|faith indication of potential child abuse or neglect, it shall then commence a formal investigation under paragraph (3) of subsection|
|(b) of this Section. |
| |
| |
| |
| (3) If a report of neglect or abuse of a child by a |
| |
| |
|teacher or administrator involves an allegation of sexual abuse or extreme physical abuse, the Child Protective Unit shall commence |
|an investigation under paragraph (2) of subsection (b) of this Section. |
| |
| |
| |
| (c-5) In any instance in which a report is made or caused to made by a school district employee involving the conduct of a person|
|employed by the school district, at the time the report was made, as required under Section 4 of this Act, the Child Protective |
|Service Unit shall send a copy of its final finding report to the general superintendent of that school district. |
| (d) If the Department has contact with an employer, or with a religious institution or religious official having supervisory or |
|hierarchical authority over a member of the clergy accused of the abuse of a child, in the course of its investigation, the |
|Department shall notify the employer or the religious institution or religious official, in writing, when a report is unfounded so |
|that any record of the investigation can be expunged from the employee's or member of the clergy's personnel or other records. The |
|Department shall also notify the employee or the member of the clergy, in writing, that notification has been sent to the employer or|
|to the appropriate religious institution or religious official informing the employer or religious institution or religious official |
|that the Department's investigation has resulted in an unfounded report. |
| (e) Upon request by the Department, the Department of State Police and law enforcement agencies are authorized to provide |
|criminal history record information as defined in the Illinois Uniform Conviction Information Act and information maintained in the |
|adjudicatory and dispositional record system as defined in Section 2605-355 of the Department of State Police Law (20 ILCS |
|2605/2605-355) to properly designated employees of the Department of Children and Family Services if the Department determines the |
|information is necessary to perform its duties under the Abused and Neglected Child Reporting Act, the Child Care Act of 1969, and |
|the Children and Family Services Act. The request shall be in the form and manner required by the Department of State Police. Any |
|information obtained by the Department of Children and Family Services under this Section is confidential and may not be transmitted |
|outside the Department of Children and Family Services other than to a court of competent jurisdiction or unless otherwise authorized|
|by law. Any employee of the Department of Children and Family Services who transmits confidential information in violation of this |
|Section or causes the information to be transmitted in violation of this Section is guilty of a Class A misdemeanor unless the |
|transmittal of the information is authorized by this Section or otherwise authorized by law. |
| (f) For purposes of this Section "child abuse or neglect" includes abuse or neglect of an adult resident as defined in this Act. |
|(Source: P.A. 98-1141, eff. 12-30-14.) |
| |
| |
| |
| (325 ILCS 5/7.5) (from Ch. 23, par. 2057.5) |
| Sec. 7.5. If the Child Protective Service Unit is denied reasonable access to a child by the parents or other persons and it |
|deems that the health, safety, and best interests of the child so require, it shall request the intervention of a local law |
|enforcement agency or seek an appropriate court order to examine and interview the child. |
|(Source: P.A. 90-28, eff. 1-1-98.) |
| |
| |
| |
| (325 ILCS 5/7.6) (from Ch. 23, par. 2057.6) |
| Sec. 7.6. There shall be a single State-wide, toll-free telephone number established and maintained by the Department which all |
|persons, whether or not mandated by law, may use to report suspected child abuse or neglect at any hour of the day or night, on any |
|day of the week. Immediately upon receipt of such reports, the Department shall transmit the contents of the report, either orally or|
|electronically, to the appropriate Child Protective Service Unit. Any other person may use the State-wide number to obtain assistance|
|or information concerning the handling of child abuse and neglect cases. |
| Wherever the Statewide number is posted, there shall also be posted the following notice: |
| "Any person who knowingly transmits a false report to the Department commits the offense of disorderly conduct under subsection |
|(a)(7) of Section 26-1 of the Criminal Code of 2012. A violation of this subsection is a Class 4 felony." |
|(Source: P.A. 97-189, eff. 7-22-11; 97-1150, eff. 1-25-13.) |
| |
| |
| |
| (325 ILCS 5/7.7) (from Ch. 23, par. 2057.7) |
| Sec. 7.7. There shall be a central register of all cases of suspected child abuse or neglect reported and maintained by the |
|Department under this Act. Through the recording of initial, preliminary, and final reports, the central register shall be operated |
|in such a manner as to enable the Department to: (1) immediately identify and locate prior reports of child abuse or neglect; (2) |
|continuously monitor the current status of all reports of child abuse or neglect being provided services under this Act; and (3) |
|regularly evaluate the effectiveness of existing laws and programs through the development and analysis of statistical and other |
|information. |
| The Department shall maintain in the central register a listing of unfounded reports where the subject of the unfounded report |
|requests that the record not be expunged because the subject alleges an intentional false report was made. Such a request must be |
|made by the subject in writing to the Department, within 10 days of the investigation. By January 1, 2014, the Department shall |
|promulgate rules establishing criteria and standards for labeling an unfounded report as an intentional false report in the central |
|register. The rules shall permit the reporter to submit a statement regarding the report unless the reporter has been convicted of |
|knowingly transmitting a false report to the Department under paragraph (7) of subsection (a) of Section 26-1 of the Criminal Code of|
|2012. |
| The Department shall also maintain in the central register a listing of unfounded reports where the report was classified as a |
|priority one or priority two report in accordance with the Department's rules or the report was made by a person mandated to report |
|suspected abuse or neglect under this Act. |
| The Department shall maintain in the central register for 3 years a listing of unfounded reports involving the death of a child, |
|the sexual abuse of a child, or serious physical injury to a child as defined by the Department in rules. |
| If an individual is the subject of a subsequent investigation that is pending, the Department shall maintain all prior unfounded |
|reports pertaining to that individual until the pending investigation has been completed or for 12 months, whichever time period ends|
|later. |
| The Department shall maintain all other unfounded reports for 12 months following the date of the final finding. |
| For purposes of this Section "child abuse or neglect" includes abuse or neglect of an adult resident as defined in this Act. |
|(Source: P.A. 97-333, eff. 8-12-11; 97-1089, eff. 8-24-12; 98-453, eff. 8-16-13.) |
| |
| |
| |
| (325 ILCS 5/7.8) (from Ch. 23, par. 2057.8) |
| Sec. 7.8. Upon receiving an oral or written report of suspected child abuse or neglect, the Department shall immediately notify, |
|either orally or electronically, the Child Protective Service Unit of a previous report concerning a subject of the present report or|
|other pertinent information. In addition, upon satisfactory identification procedures, to be established by Department regulation, |
|any person authorized to have access to records under Section 11.1 relating to child abuse and neglect may request and shall be |
|immediately provided the information requested in accordance with this Act. However, no information shall be released unless it |
|prominently states the report is "indicated", and only information from "indicated" reports shall be released, except that |
|information concerning pending reports may be released pursuant to Sections 7.14 and 7.22 of this Act to the attorney or guardian ad |
|litem appointed under Section 2-17 of the Juvenile Court Act and to any person authorized under paragraphs (1), (2), (3) and (11) of |
|Section 11.1. In addition, State's Attorneys are authorized to receive unfounded reports for prosecution purposes related to the |
|transmission of false reports of child abuse or neglect in violation of subsection (a), paragraph (7) of Section 26-1 of the Criminal|
|Code of 2012 and attorneys and guardians ad litem appointed under Article II of the Juvenile Court Act of 1987 shall receive the |
|reports set forth in Section 7.14 of this Act in conformance with paragraph (19) of Section 11.1 and Section 7.14 of this Act. The |
|names and other identifying data and the dates and the circumstances of any persons requesting or receiving information from the |
|central register shall be entered in the register record. |
|(Source: P.A. 97-1150, eff. 1-25-13; 98-807, eff. 8-1-14.) |
| |
| |
| |
| (325 ILCS 5/7.9) (from Ch. 23, par. 2057.9) |
| Sec. 7.9. The Department shall prepare, print, and distribute initial, preliminary, and final reporting forms to each Child |
|Protective Service Unit. Initial written reports from the reporting source shall contain the following information to the extent |
|known at the time the report is made: (1) the names and addresses of the child and his parents or other persons responsible for his |
|welfare; (1.5) the name and address of the school that the child attends (or the school that the child last attended, if the report |
|is written during the summer when school is not in session), and the name of the school district in which the school is located, if |
|applicable; (2) the child's age, sex, and race; (3) the nature and extent of the child's abuse or neglect, including any evidence of |
|prior injuries, abuse, or neglect of the child or his siblings; (4) the names of the persons apparently responsible for the abuse or |
|neglect; (5) family composition, including names, ages, sexes, and races of other children in the home; (6) the name of the person |
|making the report, his occupation, and where he can be reached; (7) the actions taken by the reporting source, including the taking |
|of photographs and x-rays, placing the child in temporary protective custody, or notifying the medical examiner or coroner; and (8) |
|any other information the person making the report believes might be helpful in the furtherance of the purposes of this Act. |
|(Source: P.A. 92-295, eff. 1-1-02; 92-651, eff. 7-11-02.) |
| |
| |
| |
| (325 ILCS 5/7.10) (from Ch. 23, par. 2057.10) |
| Sec. 7.10. Upon the receipt of each oral report made under this Act, the Child Protective Service Unit shall immediately transmit|
|a copy thereof to the state central register of child abuse and neglect. A preliminary report from a Child Protective Service Unit |
|shall be made at the time of the first of any 30-day extensions made pursuant to Section 7.12 and shall describe the status of the |
|related investigation up to that time, including an evaluation of the present family situation and danger to the child or children, |
|corrections or up-dating of the initial report, and actions taken or contemplated. |
| For purposes of this Section "child" includes an adult resident as defined in this Act. |
|(Source: P.A. 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/7.12) (from Ch. 23, par. 2057.12) |
| Sec. 7.12. The Child Protective Service Unit shall determine, within 60 days, whether the report is "indicated" or "unfounded" |
|and report it forthwith to the central register; where it is not possible to initiate or complete an investigation within 60 days the|
|report may be deemed "undetermined" provided every effort has been made to undertake a complete investigation. The Department may |
|extend the period in which such determinations must be made in individual cases for additional periods of up to 30 days each for good|
|cause shown. The Department shall by rule establish what shall constitute good cause. |
| In those cases in which the Child Protective Service Unit has made a final determination that a report is "indicated" or |
|"unfounded", the Department shall provide written notification of the final determination to the subjects of the report and to the |
|alleged perpetrator, parents, personal guardian or legal guardian of the alleged child victim, and other persons required to receive |
|notice by regular U.S. mail. Subject to appropriation, written notification of the final determination shall be sent to a perpetrator|
|indicated for child abuse or child neglect, or both, by both regular and certified mail. |
|(Source: P.A. 96-385, eff. 1-1-10.) |
| |
| |
| |
| (325 ILCS 5/7.13) (from Ch. 23, par. 2057.13) |
| Sec. 7.13. The reports made under this Act may contain such additional information in the furtherance of the purposes of this Act|
|as the Department, by rule, may require. |
|(Source: P.A. 81-1077.) |
| |
| |
| |
| (325 ILCS 5/7.14) (from Ch. 23, par. 2057.14) |
| Sec. 7.14. All reports in the central register shall be classified in one of three categories: "indicated", "unfounded" or |
|"undetermined", as the case may be. Prior to classifying the report, the person making the classification shall determine whether the|
|child named in the report is the subject of an action under Article II of the Juvenile Court Act of 1987. If the child is the subject|
|of an action under Article II of the Juvenile Court Act and the Department intends to classify the report as indicated, the |
|Department shall, within 45 days of classification of the report, transmit a copy of the report to the attorney or guardian ad litem |
|appointed for the child under Section 2-17 of the Juvenile Court Act. If the child is the subject of an action under Article II of |
|the Juvenile Court Act and the Department intends to classify the report as unfounded, the Department shall, within 45 days of |
|deciding its intent to classify the report as unfounded, transmit a copy of the report and written notice of the Department's intent |
|to the attorney or guardian ad litem appointed for the child under Section 2-17 of the Juvenile Court Act. All information |
|identifying the subjects of an unfounded report shall be expunged from the register forthwith, except as provided in Section 7.7. |
|Unfounded reports may only be made available to the Child Protective Service Unit when investigating a subsequent report of suspected|
|abuse or maltreatment involving a child named in the unfounded report; and to the subject of the report, provided the Department has |
|not expunged the file in accordance with Section 7.7. The Child Protective Service Unit shall not indicate the subsequent report |
|solely based upon the existence of the prior unfounded report or reports. Notwithstanding any other provision of law to the contrary,|
|an unfounded report shall not be admissible in any judicial or administrative proceeding or action. Identifying information on all |
|other records shall be removed from the register no later than 5 years after the report is indicated. However, if another report is |
|received involving the same child, his sibling or offspring, or a child in the care of the persons responsible for the child's |
|welfare, or involving the same alleged offender, the identifying information may be maintained in the register until 5 years after |
|the subsequent case or report is closed. |
| Notwithstanding any other provision of this Section, identifying information in indicated reports involving serious physical |
|injury to a child as defined by the Department in rules, may be retained longer than 5 years after the report is indicated or after |
|the subsequent case or report is closed, and may not be removed from the register except as provided by the Department in rules. |
|Identifying information in indicated reports involving sexual penetration of a child, sexual molestation of a child, sexual |
|exploitation of a child, torture of a child, or the death of a child, as defined by the Department in rules, shall be retained for a |
|period of not less than 50 years after the report is indicated or after the subsequent case or report is closed. |
| For purposes of this Section "child" includes an adult resident as defined in this Act. |
|(Source: P.A. 97-333, eff. 8-12-11; 98-453, eff. 8-16-13; 98-807, eff. 8-1-14.) |
| |
| |
| |
| (325 ILCS 5/7.15) (from Ch. 23, par. 2057.15) |
| Sec. 7.15. The central register may contain such other information which the Department determines to be in furtherance of the |
|purposes of this Act. Pursuant to the provisions of Sections 7.14 and 7.16, the Department may amend or remove from the central |
|register appropriate records upon good cause shown and upon notice to the subjects of the report and the Child Protective Service |
|Unit. |
|(Source: P.A. 90-15, eff. 6-13-97.) |
| |
| |
| |
| (325 ILCS 5/7.16) (from Ch. 23, par. 2057.16) |
| Sec. 7.16. For any investigation or appeal initiated on or after, or pending on July 1, 1998, the following time frames shall |
|apply. Within 60 days after the notification of the completion of the Child Protective Service Unit investigation, determined by the |
|date of the notification sent by the Department, the perpetrator named in the notification may request the Department to amend the |
|record or remove the record of the report from the register, except that the 60-day deadline for filing a request to amend the record|
|or remove the record of the report from the State Central Register shall be tolled until after the conclusion of any criminal court |
|action in the circuit court or after adjudication in any juvenile court action concerning the circumstances that give rise to an |
|indicated report. Such request shall be in writing and directed to such person as the Department designates in the notification |
|letter notifying the perpetrator of the indicated finding. The perpetrator shall have the right to a timely hearing within the |
|Department to determine whether the record of the report should be amended or removed on the grounds that it is inaccurate or it is |
|being maintained in a manner inconsistent with this Act, except that there shall be no such right to a hearing on the ground of the |
|report's inaccuracy if there has been a court finding of child abuse or neglect or a criminal finding of guilt as to the perpetrator.|
|Such hearing shall be held within a reasonable time after the perpetrator's request and at a reasonable place and hour. The |
|appropriate Child Protective Service Unit shall be given notice of the hearing. If the minor, who is the victim named in the report |
|sought to be amended or removed from the State Central Register, is the subject of a pending action under Article II of the Juvenile |
|Court Act of 1987, and the report was made while a guardian ad litem was appointed for the minor under Section 2-17 of the Juvenile |
|Court Act of 1987, then the minor shall, through the minor's attorney or guardian ad litem appointed under Section 2-17 of the |
|Juvenile Court Act of 1987, have the right to participate and be heard in such hearing as defined under the Department's rules. In |
|such hearings, the burden of proving the accuracy and consistency of the record shall be on the Department and the appropriate Child |
|Protective Service Unit. The hearing shall be conducted by the Director or his designee, who is hereby authorized and empowered to |
|order the amendment or removal of the record to make it accurate and consistent with this Act. The decision shall be made, in |
|writing, at the close of the hearing, or within 60 days thereof, and shall state the reasons upon which it is based. Decisions of the|
|Department under this Section are administrative decisions subject to judicial review under the Administrative Review Law. |
| Should the Department grant the request of the perpetrator pursuant to this Section either on administrative review or after an |
|administrative hearing to amend an indicated report to an unfounded report, the report shall be released and expunged in accordance |
|with the standards set forth in Section 7.14 of this Act. |
|(Source: P.A. 98-453, eff. 8-16-13; 98-487, eff. 1-1-14; 98-756, eff. 7-16-14.) |
| |
| |
| |
| (325 ILCS 5/7.17) (from Ch. 23, par. 2057.17) |
| Sec. 7.17. To the fullest extent possible, written notice of any amendment, expunction, or removal of any record made under this |
|Act shall be served upon each subject of such report and the appropriate Child Protective Service Unit. Upon receipt of such notice, |
|the Child Protective Service Unit shall take similar action in regard to the local child abuse and neglect index and shall inform, |
|for the same purpose, any other individuals or agencies which received such record under this Act or in any other manner. Nothing in |
|this Section is intended to require the destruction of case records. |
|(Source: P.A. 81-1077.) |
| |
| |
| |
| (325 ILCS 5/7.18) (from Ch. 23, par. 2057.18) |
| Sec. 7.18. Pursuant to Sections 7.15 and 7.16 and for good cause shown, the Child Protective Service Unit may amend any report |
|previously sent to the State-wide center. Unless otherwise prescribed by this Act, the content, form, manner and timing of making the|
|reports shall be established by rules of the Department. |
|(Source: P.A. 81-1077.) |
| |
| |
| |
| (325 ILCS 5/7.19) (from Ch. 23, par. 2057.19) |
| Sec. 7.19. Upon request, a subject of a report shall be entitled to receive a copy of all information contained in the central |
|register pertaining to his case. However, the Department may prohibit the release of data that would identify or locate a person who,|
|in good faith, made a report or cooperated in a subsequent investigation. In addition, the Department may seek a court order from the|
|circuit court prohibiting the release of any information which the court finds is likely to be harmful to the subject of the report. |
|(Source: P.A. 81-1077.) |
| |
| |
| |
| (325 ILCS 5/7.20) |
| Sec. 7.20. Inter-agency agreements for information. The Department shall enter into an inter-agency agreement with the Secretary |
|of State to establish a procedure by which employees of the Department may have immediate access to driver's license records |
|maintained by the Secretary of State if the Department determines the information is necessary to perform its duties under the Abused|
|and Neglected Child Reporting Act, the Child Care Act of 1969, and the Children and Family Services Act. The Department shall enter |
|into an inter-agency agreement with the Department of Healthcare and Family Services and the Department of Human Services (acting as |
|successor to the Department of Public Aid under the Department of Human Services Act) to establish a procedure by which employees of |
|the Department may have immediate access to records, files, papers, and communications (except medical, alcohol or drug assessment or|
|treatment, mental health, or any other medical records) of the Department of Healthcare and Family Services, county departments of |
|public aid, the Department of Human Services, and local governmental units receiving State or federal funds or aid to provide public |
|aid, if the Department determines the information is necessary to perform its duties under the Abused and Neglected Child Reporting |
|Act, the Child Care Act of 1969, and the Children and Family Services Act. |
|(Source: P.A. 95-331, eff. 8-21-07.) |
| |
| |
| |
| (325 ILCS 5/7.21) |
| Sec. 7.21. Multidisciplinary Review Committee. |
| (a) The Department may establish multidisciplinary review committees in each region of the State to assure that mandated |
|reporters have the ability to have a review conducted on any situation where a child abuse or neglect report made by them was |
|"unfounded", and they have concerns about the adequacy of the investigation. These committees shall draw upon the expertise of the |
|Child Death Review Teams as necessary and practicable. Each committee will be composed of the following: a health care professional, |
|a Department employee, a law enforcement official, a licensed social worker, and a representative of the State's attorney's office. |
|In appointing members of a committee, primary consideration shall be given to a prospective member's prior experience in dealing with|
|cases of suspected child abuse or neglect. |
| (b) Whenever the Department determines that a reported incident of child abuse or neglect from a mandated reporter is |
|"unfounded", the mandated reporter may request a review of the investigation within 10 days of the notification of the final finding.|
| |
| A review under this subsection will be conducted by the committee. The Department shall make available to the committee all |
|information in the Department's possession concerning the case. The committee shall make recommendations to the Department as to the |
|adequacy of the investigation and of the accuracy of the final finding determination. These findings shall be forwarded to the |
|Regional Child Protection Manager. |
| (c) The Department shall provide complete records of these investigations to the committee. Records provided to the committee and|
|recommendation reports generated by the committee shall not be public record. |
| (c-5) On or before October 1 of each year, the Department shall prepare a report setting forth (i) the number of investigations |
|reviewed by each committee during the previous fiscal year and (ii) the number of those investigations that the committee found to be|
|inadequate. The report shall also include a summary of the committee's comments and a summary of the corrective action, if any, that |
|was taken in response to the committee's recommendations. The report shall be a public record. The Department shall submit the report|
|to the General Assembly and shall make the report available to the public upon request. |
| (d) The Department shall adopt rules to implement this Section. |
|(Source: P.A. 98-453, eff. 8-16-13.) |
| |
| |
| |
| (325 ILCS 5/7.22) |
| Sec. 7.22. Reviews of unfounded reports. |
| (a) Whenever the Department determines that a reported incident of child abuse or neglect will be "unfounded", the Department |
|shall forward a copy of the report and written notice of the Department's intent to classify the report as unfounded to the minor's |
|attorney or guardian ad litem appointed under the Juvenile Court Act of 1987. The minor's attorney or guardian ad litem may request a|
|review of the investigation within 10 days of receipt of the report and written notice of the Department's intent to classify the |
|report as unfounded, as provided in Section 7.14 of this Act, if the subject of the report is also the minor for whom the attorney or|
|guardian ad litem has been appointed. |
| (b) Reviews requested under subsection (a) may be requested by sending a request via U.S. Mail, postmarked within 10 days after |
|notice of the Department's intent to classify the report as unfounded, or by faxing a request within 10 days after notice of the |
|Department's intent to classify the report as unfounded. The date of notification of the Department's intent to classify the report |
|as unfounded is the date the attorney or guardian ad litem received a copy of the report and written notice from the Department. |
|Following the review, the Department shall inform the minor's attorney or guardian ad litem as to whether the report will be |
|classified as indicated or unfounded. The minor's attorney or guardian ad litem shall also receive a final finding notice from the |
|State Central Register. |
| (c) By January 1, 2014, the Department shall promulgate rules addressing reviews requested under subsection (a). The rules shall |
|provide that a review requested under subsection (a) must occur before the report is classified and a final finding is entered in the|
|central register and that the review must be conducted by a Department employee outside the supervisory chain of the assigned |
|investigator. |
|(Source: P.A. 98-453, eff. 8-16-13; 98-807, eff. 8-1-14.) |
| |
| |
| |
| (325 ILCS 5/8.1) (from Ch. 23, par. 2058.1) |
| Sec. 8.1. If the Child Protective Service Unit determines after investigating a report that there is no credible evidence that a |
|child is abused or neglected, it shall deem the report to be an unfounded report. However, if it appears that the child or family |
|could benefit from other social services, the local service may suggest such services, including services under Section 8.2, for the |
|family's voluntary acceptance or refusal. If the family declines such services, the Department shall take appropriate action in |
|keeping with the best interest of the child, including referring a member of the child's family to a facility licensed by the |
|Department of Human Services or the Department of Public Health. For purposes of this Section "child" includes an adult resident as |
|defined in this Act. |
|(Source: P.A. 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2) |
| Sec. 8.2. If the Child Protective Service Unit determines, following an investigation made pursuant to Section 7.4 of this Act, |
|that there is credible evidence that the child is abused or neglected, the Department shall assess the family's need for services, |
|and, as necessary, develop, with the family, an appropriate service plan for the family's voluntary acceptance or refusal. In any |
|case where there is evidence that the perpetrator of the abuse or neglect is an addict or alcoholic as defined in the Alcoholism and |
|Other Drug Abuse and Dependency Act, the Department, when making referrals for drug or alcohol abuse services, shall make such |
|referrals to facilities licensed by the Department of Human Services or the Department of Public Health. The Department shall comply |
|with Section 8.1 by explaining its lack of legal authority to compel the acceptance of services and may explain its concomitant |
|authority to petition the Circuit court under the Juvenile Court Act of 1987 or refer the case to the local law enforcement authority|
|or State's attorney for criminal prosecution. |
| For purposes of this Act, the term "family preservation services" refers to all services to help families, including adoptive and|
|extended families. Family preservation services shall be offered, where safe and appropriate, to prevent the placement of children in|
|substitute care when the children can be cared for at home or in the custody of the person responsible for the children's welfare |
|without endangering the children's health or safety, to reunite them with their families if so placed when reunification is an |
|appropriate goal, or to maintain an adoptive placement. The term "homemaker" includes emergency caretakers, homemakers, caretakers, |
|housekeepers and chore services. The term "counseling" includes individual therapy, infant stimulation therapy, family therapy, group|
|therapy, self-help groups, drug and alcohol abuse counseling, vocational counseling and post-adoptive services. The term "day care" |
|includes protective day care and day care to meet educational, prevocational or vocational needs. The term "emergency assistance and |
|advocacy" includes coordinated services to secure emergency cash, food, housing and medical assistance or advocacy for other |
|subsistence and family protective needs. |
| Before July 1, 2000, appropriate family preservation services shall, subject to appropriation, be included in the service plan if|
|the Department has determined that those services will ensure the child's health and safety, are in the child's best interests, and |
|will not place the child in imminent risk of harm. Beginning July 1, 2000, appropriate family preservation services shall be |
|uniformly available throughout the State. The Department shall promptly notify children and families of the Department's |
|responsibility to offer and provide family preservation services as identified in the service plan. Such plans may include but are |
|not limited to: case management services; homemakers; counseling; parent education; day care; emergency assistance and advocacy |
|assessments; respite care; in-home health care; transportation to obtain any of the above services; and medical assistance. Nothing |
|in this paragraph shall be construed to create a private right of action or claim on the part of any individual or child welfare |
|agency, except that when a child is the subject of an action under Article II of the Juvenile Court Act of 1987 and the child's |
|service plan calls for services to facilitate achievement of the permanency goal, the court hearing the action under Article II of |
|the Juvenile Court Act of 1987 may order the Department to provide the services set out in the plan, if those services are not |
|provided with reasonable promptness and if those services are available. |
| Each Department field office shall maintain on a local basis directories of services available to children and families in the |
|local area where the Department office is located. |
| The Department shall refer children and families served pursuant to this Section to private agencies and governmental agencies, |
|where available. |
| Where there are 2 equal proposals from both a not-for-profit and a for-profit agency to provide services, the Department shall |
|give preference to the proposal from the not-for-profit agency. |
| No service plan shall compel any child or parent to engage in any activity or refrain from any activity which is not reasonably |
|related to remedying a condition or conditions that gave rise or which could give rise to any finding of child abuse or neglect. |
|(Source: P.A. 96-600, eff. 8-21-09; 97-859, eff. 7-27-12.) |
| |
| |
| |
| (325 ILCS 5/8.2a) |
| Sec. 8.2a. Developmental and social-emotional screening; indicated finding of abuse or neglect. The Department shall conduct a |
|developmental and social-emotional screening within 45 days after the Department is granted temporary custody of a child. When a |
|child under the age of 3 is engaged in intact family services, the Department shall offer to conduct a developmental screening within|
|60 days after the Department opens the case. For children in intact cases who are ages 3 through 5, the intact caseworker shall refer|
|the child for a developmental screening. The Department shall promulgate rules necessary for the implementation of this Section. |
|(Source: P.A. 97-930, eff. 8-10-12.) |
| |
| |
| |
| (325 ILCS 5/8.3) (from Ch. 23, par. 2058.3) |
| Sec. 8.3. The Department shall assist a Circuit Court during all stages of the court proceeding in accordance with the purposes |
|of this Act and the Juvenile Court Act of 1987 by providing full, complete, and accurate information to the court and by appearing in|
|court if requested by the court. Failure to provide assistance requested by a court shall be enforceable through proceedings for |
|contempt of court. |
|(Source: P.A. 88-310.) |
| |
| |
| |
| (325 ILCS 5/8.4) (from Ch. 23, par. 2058.4) |
| Sec. 8.4. The Department shall provide or arrange for and monitor, as authorized by this Act, rehabilitative services for |
|children and their families on a voluntary basis or under a final or intermediate order of the Court. |
|(Source: P.A. 84-611.) |
| |
| |
| |
| (325 ILCS 5/8.5) (from Ch. 23, par. 2058.5) |
| Sec. 8.5. The Child Protective Service Unit shall maintain a local child abuse and neglect index of all cases reported under this|
|Act which will enable it to determine the location of case records and to monitor the timely and proper investigation and disposition|
|of cases. The index shall include the information contained in the initial, progress, and final reports required under this Act, and |
|any other appropriate information. For purposes of this Section "child abuse and neglect" includes abuse or neglect of an adult |
|resident as defined in this Act. |
|(Source: P.A. 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/8.6) |
| Sec. 8.6. Reports to a child's school. Within 10 days after completing an investigation of alleged physical or sexual abuse under|
|this Act, if the report is indicated, the Child Protective Service Unit shall send a copy of its final finding report to the school |
|that the child who is the indicated victim of the report attends. If the final finding report is sent during the summer when the |
|school is not in session, the report shall be sent to the last school that the child attended. The final finding report shall be sent|
|as "confidential", and the school shall be responsible for ensuring that the report remains confidential in accordance with the |
|Illinois School Student Records Act. If an indicated finding is overturned in an appeal or hearing, or if the Department has made a |
|determination that the child is no longer at risk of physical or sexual harm, the Department shall request that the final finding |
|report be purged from the student's record, and the school shall purge the final finding report from the student's record and return |
|the report to the Department. If an indicated report is expunged from the central register, and that report has been sent to a |
|child's school, the Department shall request that the final finding report be purged from the student's record, and the school shall |
|purge the final finding report from the student's record and return the report to the Department. |
|(Source: P.A. 92-295, eff. 1-1-02.) |
| |
| |
| |
| (325 ILCS 5/9) (from Ch. 23, par. 2059) |
| Sec. 9. Any person, institution or agency, under this Act, participating in good faith in the making of a report or referral, or |
|in the investigation of such a report or referral or in the taking of photographs and x-rays or in the retaining a child in temporary|
|protective custody or in making a disclosure of information concerning reports of child abuse and neglect in compliance with Sections|
|4.2 and 11.1 of this Act or Section 4 of this Act, as it relates to disclosure by school personnel and except in cases of wilful or |
|wanton misconduct, shall have immunity from any liability, civil, criminal or that otherwise might result by reason of such actions. |
|For the purpose of any proceedings, civil or criminal, the good faith of any persons required to report or refer, or permitted to |
|report, cases of suspected child abuse or neglect or permitted to refer individuals under this Act or required to disclose |
|information concerning reports of child abuse and neglect in compliance with Sections 4.2 and 11.1 of this Act, shall be presumed. |
|For purposes of this Section "child abuse and neglect" includes abuse or neglect of an adult resident as defined in this Act. |
|(Source: P.A. 95-908, eff. 8-26-08; 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/9.1) (from Ch. 23, par. 2059.1) |
| Sec. 9.1. Employer discrimination. 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. For purposes of this Section "child abuse or neglect" includes abuse or neglect of an adult resident as defined in this Act.|
| |
|(Source: P.A. 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/10) (from Ch. 23, par. 2060) |
| Sec. 10. Any person who makes a report or who investigates a report under this 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 under Section 4 of this Act 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 under this Act and any person who is required to report a suspected case of abuse or neglect under Section 4 of|
|this Act or the person making or investigating the report. |
|(Source: P.A. 97-387, eff. 8-15-11.) |
| |
| |
| |
| (325 ILCS 5/11) (from Ch. 23, par. 2061) |
| Sec. 11. All records concerning reports of child abuse and neglect or records concerning referrals under this Act and all records|
|generated as a result of such reports or referrals, shall be confidential and shall not be disclosed except as specifically |
|authorized by this Act or other applicable law. It is a Class A misdemeanor to permit, assist, or encourage the unauthorized release |
|of any information contained in such reports, referrals or records. |
| Nothing contained in this Section prevents the sharing or disclosure of records relating or pertaining to the death of a minor |
|under the care of or receiving services from the Department of Children and Family Services and under the jurisdiction of the |
|juvenile court with the juvenile court, the State's Attorney, and the minor's attorney. For purposes of this Section "child abuse and|
|neglect" includes abuse or neglect of an adult resident as defined in this Act. |
|(Source: P.A. 96-1446, eff. 8-20-10.) |
| |
| |
| |
| (325 ILCS 5/11.1) (from Ch. 23, par. 2061.1) |
| Sec. 11.1. Access to records. |
| (a) A person shall have access to the records described in Section 11 only in furtherance of purposes directly connected with the|
|administration of this Act or the Intergovernmental Missing Child Recovery Act of 1984. Those persons and purposes for access |
|include: |
| (1) Department staff in the furtherance of their |
| |
| |
|responsibilities under this Act, or for the purpose of completing background investigations on persons or agencies licensed by the |
|Department or with whom the Department contracts for the provision of child welfare services. |
| |
| |
| |
| (2) A law enforcement agency investigating known or |
| |
| |
|suspected child abuse or neglect, known or suspected involvement with child pornography, known or suspected criminal sexual assault, |
|known or suspected criminal sexual abuse, or any other sexual offense when a child is alleged to be involved. |
| |
| |
| |
| (3) The Department of State Police when administering |
| |
| |
|the provisions of the Intergovernmental Missing Child Recovery Act of 1984. |
| |
| |
| |
| (4) A physician who has before him a child whom he |
| |
| |
|reasonably suspects may be abused or neglected. |
| |
| |
| |
| (5) A person authorized under Section 5 of this Act |
| |
| |
|to place a child in temporary protective custody when such person requires the information in the report or record to determine |
|whether to place the child in temporary protective custody. |
| |
| |
| |
| (6) A person having the legal responsibility or |
| |
| |
|authorization to care for, treat, or supervise a child, or a parent, prospective adoptive parent, foster parent, guardian, or other |
|person responsible for the child's welfare, who is the subject of a report. |
| |
| |
| |
| (7) Except in regard to harmful or detrimental |
| |
| |
|information as provided in Section 7.19, any subject of the report, and if the subject of the report is a minor, his guardian or |
|guardian ad litem. |
| |
| |
| |
| (8) A court, upon its finding that access to such |
| |
| |
|records may be necessary for the determination of an issue before such court; however, such access shall be limited to in camera |
|inspection, unless the court determines that public disclosure of the information contained therein is necessary for the resolution |
|of an issue then pending before it. |
| |
| |
| |
| (8.1) A probation officer or other authorized |
| |
| |
|representative of a probation or court services department conducting an investigation ordered by a court under the Juvenile Court |
|Act of l987. |
| |
| |
| |
| (9) A grand jury, upon its determination that access |
| |
| |
|to such records is necessary in the conduct of its official business. |
| |
| |
| |
| (10) Any person authorized by the Director, in |
| |
| |
|writing, for audit or bona fide research purposes. |
| |
| |
| |
| (11) Law enforcement agencies, coroners or medical |
| |
| |
|examiners, physicians, courts, school superintendents and child welfare agencies in other states who are responsible for child abuse |
|or neglect investigations or background investigations. |
| |
| |
| |
| (12) The Department of Professional Regulation, the |
| |
| |
|State Board of Education and school superintendents in Illinois, who may use or disclose information from the records as they deem |
|necessary to conduct investigations or take disciplinary action, as provided by law. |
| |
| |
| |
| (13) A coroner or medical examiner who has reason to |
| |
| |
|believe that a child has died as the result of abuse or neglect. |
| |
| |
| |
| (14) The Director of a State-operated facility when |
| |
| |
|an employee of that facility is the perpetrator in an indicated report. |
| |
| |
| |
| (15) The operator of a licensed child care facility |
| |
| |
|or a facility licensed by the Department of Human Services (as successor to the Department of Alcoholism and Substance Abuse) in |
|which children reside when a current or prospective employee of that facility is the perpetrator in an indicated child abuse or |
|neglect report, pursuant to Section 4.3 of the Child Care Act of 1969. |
| |
| |
| |
| (16) Members of a multidisciplinary team in the |
| |
| |
|furtherance of its responsibilities under subsection (b) of Section 7.1. All reports concerning child abuse and neglect made |
|available to members of such multidisciplinary teams and all records generated as a result of such reports shall be confidential and |
|shall not be disclosed, except as specifically authorized by this Act or other applicable law. It is a Class A misdemeanor to permit,|
|assist or encourage the unauthorized release of any information contained in such reports or records. Nothing contained in this |
|Section prevents the sharing of reports or records relating or pertaining to the death of a minor under the care of or receiving |
|services from the Department of Children and Family Services and under the jurisdiction of the juvenile court with the juvenile |
|court, the State's Attorney, and the minor's attorney. |
| |
| |
| |
| (17) The Department of Human Services, as provided in |
| |
| |
|Section 17 of the Disabled Persons Rehabilitation Act. |
| |
| |
| |
| (18) Any other agency or investigative body, |
| |
| |
|including the Department of Public Health and a local board of health, authorized by State law to conduct an investigation into the |
|quality of care provided to children in hospitals and other State regulated care facilities. The access to and release of information|
|from such records shall be subject to the approval of the Director of the Department or his designee. |
| |
| |
| |
| (19) The person appointed, under Section 2-17 of the |
| |
| |
|Juvenile Court Act of 1987, as the guardian ad litem of a minor who is the subject of a report or records under this Act. |
| |
| |
| |
| (20) The Department of Human Services, as provided in |
| |
| |
|Section 10 of the Early Intervention Services System Act, and the operator of a facility providing early intervention services |
|pursuant to that Act, for the purpose of determining whether a current or prospective employee who provides or may provide direct |
|services under that Act is the perpetrator in an indicated report of child abuse or neglect filed under this Act. |
| |
| |
| |
| (b) Nothing contained in this Act prevents the sharing or disclosure of information or records relating or pertaining to |
|juveniles subject to the provisions of the Serious Habitual Offender Comprehensive Action Program when that information is used to |
|assist in the early identification and treatment of habitual juvenile offenders. |
| (c) To the extent that persons or agencies are given access to information pursuant to this Section, those persons or agencies |
|may give this information to and receive this information from each other in order to facilitate an investigation conducted by those |
|persons or agencies. |
|(Source: P.A. 93-147, eff. 1-1-04; 94-1010, eff. 10-1-06.) |
| |
| |
| |
| (325 ILCS 5/11.1a) |
| Sec. 11.1a. Disclosure of information. |
| (a) The Director or a person designated in writing by the Director for this purpose may disclose information regarding the abuse |
|or neglect of a child as set forth in this Section, the investigation thereof, and any services related thereto, if he or she |
|determines that such disclosure is not contrary to the best interests of the child, the child's siblings, or other children in the |
|household, and one of the following factors are present: |
| (1) The subject of the report has been criminally |
| |
| |
|charged with committing a crime related to the child abuse or neglect report; or |
| |
| |
| |
| (2) A law enforcement agency or official, a State's |
| |
| |
|Attorney, or a judge of the State court system has publicly disclosed in a report as part of his or her official duty, information |
|regarding the investigation of a report or the provision of services by the Department; or |
| |
| |
| |
| (3) An adult subject of the report has knowingly and |
| |
| |
|voluntarily made a public disclosure concerning a Child Abuse and Neglect Tracking System report; or |
| |
| |
| |
| (4) The child named in the report has been critically |
| |
| |
|injured or died. |
| |
| |
| |
| (b) Information may be disclosed pursuant to this Section as follows: |
| (1) The name of the alleged abused or neglected child. |
| (2) The current status of the investigation, |
| |
| |
|including whether a determination of credible evidence has been made. |
| |
| |
| |
| (3) Identification of child protective or other |
| |
| |
|services provided or actions taken regarding the child named in the report and his or her family as a result of this report. |
| |
| |
| |
| (4) Whether there have been past reports of child |
| |
| |
|abuse or neglect involving this child or family, or both. Any such reports shall be clearly identified as being "Indicated", |
|"Unfounded", or "Pending". |
| |
| |
| |
| (5) Whether the Department has a current or past open |
| |
| |
|service case with the family, and a history of what types of services have been, or are being, provided. |
| |
| |
| |
| (6) Any extraordinary or pertinent information |
| |
| |
|concerning the circumstances of the report, if the Director determines such disclosure is consistent with the public interest. |
| |
| |
| |
| (c) Any disclosure of information pursuant to this Section shall not identify the name of or provide identifying information |
|regarding the source of the report. |
| (d) In determining pursuant to subsection (a) of this Section, whether disclosure will be contrary to the best interests of the |
|child, the child's siblings, or other children in the household, the Director shall consider the interest in privacy of the child and|
|the child's family and the effects which disclosure may have on efforts to reunite and provide services to the family. |
| (e) Except as it applies directly to the cause of the abuse or neglect of the child, nothing in this Section shall be deemed to |
|authorize the release or disclosure of the substance or content of any psychological, psychiatric, therapeutic, clinical, or medical |
|reports, evaluations, or like materials pertaining to the child or the child's family. Prior to the release or disclosure of any |
|psychological, psychiatric, or therapeutic reports pursuant to this subsection, the Deputy Director of Clinical Services shall review|
|such materials and make recommendations regarding its release. Any disclosure of information pursuant to this Section shall not |
|identify the health care provider, health care facility or other maker of the report or source of any psychological, psychiatric, |
|therapeutic, clinical, or medical reports, evaluations, or like materials. |
| (f) Regarding child abuse or neglect reports which occur at a facility licensed by the Department of Children and Family |
|Services, only the following information may be disclosed or released: |
| (1) The name of the facility. |
| (2) The nature of the allegations of abuse or neglect. |
| (3) The number and ages of child victims involved, |
| |
| |
|and their relationship to the perpetrator. |
| |
| |
| |
| (4) Actions the Department has taken to ensure the |
| |
| |
|safety of the children during and subsequent to the investigation. |
| |
| |
| |
| (5) The final finding status of the investigation. |
|(Source: P.A. 90-75, eff. 1-1-98.) |
| |
| |
| |
| (325 ILCS 5/11.2) (from Ch. 23, par. 2061.2) |
| Sec. 11.2. Disclosure to mandated reporting source. A mandated reporting source as provided in Section 4 of this Act may receive |
|appropriate information about the findings and actions taken by the Child Protective Service Unit in response to its report. The |
|information shall include the actions taken by the Child Protective Service Unit to ensure a child's safety. |
|(Source: P.A. 92-319, eff. 1-1-02.) |
| |
| |
| |
| (325 ILCS 5/11.2a) |
| Sec. 11.2a. Disclosure to extended family member. Upon request, an extended family member interviewed for relevant information in|
|the course of an investigation by the Child Protective Service Unit may receive appropriate information about the findings and |
|actions taken by the Child Protective Service Unit to ensure the safety of the child or children who were the subjects of the |
|investigation. |
|(Source: P.A. 92-319, eff. 1-1-02.) |
| |
| |
| |
| (325 ILCS 5/11.3) (from Ch. 23, par. 2061.3) |
| Sec. 11.3. A person given access to the names or other information identifying the subjects of the report, except the subject of |
|the report, shall not make public such identifying information unless he is a State's attorney or other law enforcement official and |
|the purpose is to initiate court action. Violation of this Section is a Class A misdemeanor. |
|(Source: P.A. 81-1077.) |
| |
| |
| |
| (325 ILCS 5/11.4) (from Ch. 23, par. 2061.4) |
| Sec. 11.4. Nothing in this Act affects existing policies or procedures concerning the status of court and criminal justice system|
|records. |
|(Source: P.A. 81-1077.) |
| |
| |
| |
| (325 ILCS 5/11.5) (from Ch. 23, par. 2061.5) |
| Sec. 11.5. Within the appropriation available, the Department shall conduct a continuing education and training program for State|
|and local staff, persons and officials required to report, the general public, and other persons engaged in or intending to engage in|
|the prevention, identification, and treatment of child abuse and neglect. The program shall be designed to encourage the fullest |
|degree of reporting of known and suspected child abuse and neglect, and to improve communication, cooperation, and coordination among|
|all agencies in the identification, prevention, and treatment of child abuse and neglect. The program shall inform the general public|
|and professionals of the nature and extent of child abuse and neglect and their responsibilities, obligations, powers and immunity |
|from liability under this Act. It may include information on the diagnosis of child abuse and neglect and the roles and procedures of|
|the Child Protective Service Unit, the Department and central register, the courts and of the protective, treatment, and ameliorative|
|services available to children and their families. Such information may also include special needs of mothers at risk of delivering a|
|child whose life or development may be threatened by a handicapping condition, to ensure informed consent to treatment of the |
|condition and understanding of the unique child care responsibilities required for such a child. The program may also encourage |
|parents and other persons having responsibility for the welfare of children to seek assistance on their own in meeting their child |
|care responsibilities and encourage the voluntary acceptance of available services when they are needed. It may also include |
|publicity and dissemination of information on the existence and number of the 24 hour, State-wide, toll-free telephone service to |
|assist persons seeking assistance and to receive reports of known and suspected abuse and neglect. |
| Within the appropriation available, the Department also shall conduct a continuing education and training program for State and |
|local staff involved in investigating reports of child abuse or neglect made under this Act. The program shall be designed to train |
|such staff in the necessary and appropriate procedures to be followed in investigating cases which it appears may result in civil or |
|criminal charges being filed against a person. Program subjects shall include but not be limited to the gathering of evidence with a |
|view toward presenting such evidence in court and the involvement of State or local law enforcement agencies in the investigation. |
|The program shall be conducted in cooperation with State or local law enforcement agencies, State's Attorneys and other components of|
|the criminal justice system as the Department deems appropriate. |
|(Source: P.A. 85-984.) |
| |
| |
| |
| (325 ILCS 5/11.6) (from Ch. 23, par. 2061.6) |
| Sec. 11.6. All final administrative decisions of the Department under this Act are subject to judicial review under the |
|Administrative Review Law, as now or hereafter amended, and the rules adopted pursuant thereto. The term "administrative decision" is|
|defined as in Section 3-101 of the Code of Civil Procedure. |
| Review of a final administrative decision under the Administrative Review Law is not applicable to a decision to conduct a family|
|assessment under subsection (a-5) of Section 7.4 because no determination concerning child abuse or neglect is made and nothing is |
|reported to the central register. |
|(Source: P.A. 96-760, eff. 1-1-10.) |
| |
| |
| |
| (325 ILCS 5/11.7) (from Ch. 23, par. 2061.7) |
| Sec. 11.7. (a) The Director shall appoint the chairperson and members of a "State-wide Citizen's Committee on Child Abuse and |
|Neglect" to consult with and advise the Director. The Committee shall be composed of individuals of distinction in human services, |
|neonatal medical care, needs and rights of the disabled, law and community life, broadly representative of social and economic |
|communities across the State, who shall be appointed to 3 year staggered terms. The chairperson and members of the Committee shall |
|serve without compensation, although their travel and per diem expenses shall be reimbursed in accordance with standard State |
|procedures. Under procedures adopted by the Committee, it may meet at any time, confer with any individuals, groups, and agencies; |
|and may issue reports or recommendations on any aspect of child abuse or neglect it deems appropriate. |
| (b) The Committee shall advise the Director on setting priorities for the administration of child abuse prevention, shelters and |
|service programs, as specified in Section 4a of "An Act creating the Department of Children and Family Services, codifying its powers|
|and duties, and repealing certain Acts and Sections herein named", approved June 4, 1963, as amended. |
| (c) The Committee shall advise the Director on policies and procedures with respect to the medical neglect of newborns and |
|infants. |
|(Source: P.A. 84-611.) |
| |
| |
| |
| (325 ILCS 5/11.8) |
| Sec. 11.8. Cross-reporting. |
| (a) Investigation Specialists, Intact Family Specialists, and Placement Specialists employed by the Department of Children and |
|Family Services who reasonably believe that an animal observed by them when in their professional or official capacity is being |
|abused or neglected in violation of the Humane Care for Animals Act must immediately make a written or oral report to the Department |
|of Agriculture's Bureau of Animal Health and Welfare. However, the Department of Children and Family Services may not discipline an |
|Investigation Specialist, an Intact Family Specialist, or a Placement Specialist for failing to make such a report if the Specialist |
|determines that making the report would interfere with the performance of his or her child welfare protection duties. |
| (b) A home rule unit may not regulate the reporting of child abuse or neglect in a manner inconsistent with the provisions of |
|this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the |
|concurrent exercise by home rule units of powers and functions exercised by the State. |
|(Source: P.A. 96-494, eff. 8-14-09.) |
| |
| |
| |
| |
| |
| |
| |
| |
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