CHILD ABUSE REPORTS-DPH-DHFS
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HB 831 — CHILD ABUSE REPORTS-DPH-DHFS
Last action — Public Act . . . . . . . . . 101-0043
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 22, 2019. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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13 sponsors
0 primary, 13 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (7 D).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Abused and Neglected Child Reporting Act. Provides that within 10 days after completing an investigation of alleged physical abuse, sexual abuse, or neglect, if the report is unfounded or indicated, the Child Protective Service Unit shall send a copy of its final finding report to the Director of Public Health and the Director of Healthcare and Family Services. Requires the Director of Public Health and the Director of Healthcare and Family Services to ensure that the report remains confidential. In a provision that grants the Department of Public Health and other investigative bodies access to records concerning child abuse and neglect reports, removes language that requires the Director of Children and Family Services to approve such access. House Floor Amendment No. 1 Deletes reference to: 325 ILCS 5/8.7 new Adds reference to: 325 ILCS 5/4.4c new 325 ILCS 5/7.4 from Ch. 23, par. 2057.4 325 ILCS 5/7.8 Replaces everything after the enacting clause. Amends the Abused and Neglected Child Reporting Act. Provides that whenever the Department of Children and Family Services receives, by means of its statewide toll-free telephone number established for the purpose of reporting suspected child abuse or neglect or by any other means or from any mandated reporter, a report of suspected abuse or neglect of a child and the child is alleged to have been abused or neglected while receiving care in a hospital, including a freestanding psychiatric hospital licensed by the Department of Public Health, the Department of Children and Family Services shall: (i) notify the Directors of Public Health and Healthcare and Family Services of the report; and (ii) send a copy of the final finding to the Directors of Public Health and Healthcare and Family Services. Provides that the Department of Public Health shall receive information from unfounded reports involving children alleged to have been abused or neglected while hospitalized, including while hospitalized in freestanding psychiatric hospitals licensed by the Department of Public Health, as necessary for the Department of Public Health to conduct its licensing investigation. In a provision that grants the Department of Public Health and other investigative bodies access to records concerning child abuse and neglect reports, removes language that requires the Director of Children and Family Services to approve such access.
Bill Text
What changed in the latest version
20 added · 20 removedPlain-language change summary
The updated version of HB 831 adds a new requirement for the Department of Children and Family Services to notify the Directors of Public Health and Healthcare and Family Services whenever they receive a report of suspected child abuse or neglect occurring in a hospital. This change aims to enhance communication between agencies and ensure that cases involving children in hospital settings receive the necessary attention and oversight. By doing this, it seeks to better protect vulnerable children and ensure their welfare during medical care. Additionally, the bill streamlines the process of accessing child abuse records, removing a previous requirement for oversight by the Director of Children and Family Services.
HB0831 EngrossedEnrolled LRB101 07068 KTG 52105 b AN ACT concerning children.
(a) The Department shall be capable of receiving reports of suspected child abuse or neglect 24 hours a day, 7 HB0831 EngrossedEnrolled - 2 - LRB101 07068 KTG 52105 b days a week.
For purposes of this subsection (a-5), "investigation" means fact-gathering related to the current safety of a child HB0831 EngrossedEnrolled - 3 - LRB101 07068 KTG 52105 b 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.
In determining that a complete investigation is not HB0831 EngrossedEnrolled - 4 - LRB101 07068 KTG 52105 b 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.
(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) HB0831 EngrossedEnrolled - 5 - LRB101 07068 KTG 52105 b is consistent with other information collected during the course of 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 HB0831 EngrossedEnrolled - 6 - LRB101 07068 KTG 52105 b protections afforded under Section 7.19 of this Act.
HB0831 EngrossedEnrolled - 7 - LRB101 07068 KTG 52105 b The Department shall submit a report to the General Assembly by January 15, 2018 on the implementation progress and recommendations for additional needed legislative changes.
an HB0831 EngrossedEnrolled - 8 - LRB101 07068 KTG 52105 b evaluation of the environment of the child named in the report and any other children in the same environment;
(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 HB0831 EngrossedEnrolled - 9 - LRB101 07068 KTG 52105 b 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 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 HB0831 EngrossedEnrolled - 10 - LRB101 07068 KTG 52105 b process.
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 HB0831 EngrossedEnrolled - 11 - LRB101 07068 KTG 52105 b subsection (b) of this Section.
(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 HB0831 EngrossedEnrolled - 12 - LRB101 07068 KTG 52105 b 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.
(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 HB0831 EngrossedEnrolled - 13 - LRB101 07068 KTG 52105 b under the Abused and Neglected Child Reporting Act, the Child Care Act of 1969, and the Children and Family Services Act.
HB0831 EngrossedEnrolled - 14 - LRB101 07068 KTG 52105 b 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.
the parties to the proceedings filed under Article II of the Juvenile Court Act of 1987 are entitled to receive copies of previously unfounded reports regarding the same child, a sibling of the child, or the same perpetrator for purposes of hearings under Sections 2-10 and 2-21 of the Juvenile Court Act HB0831 EngrossedEnrolled - 15 - LRB101 07068 KTG 52105 b of 1987, 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.
(a) A person shall have access to the records described in Section 11 only in furtherance of purposes directly connected HB0831 EngrossedEnrolled - 16 - LRB101 07068 KTG 52105 b with the administration of this Act or the Intergovernmental Missing Child Recovery Act of 1984.
(6) A person having the legal responsibility or HB0831 EngrossedEnrolled - 17 - LRB101 07068 KTG 52105 b 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.
(11) Law enforcement agencies, coroners or medical examiners, physicians, courts, school superintendents and HB0831 EngrossedEnrolled - 18 - LRB101 07068 KTG 52105 b child welfare agencies in other states who are responsible for child abuse or neglect investigations or background investigations.
All reports concerning child abuse and neglect made available to members of such multidisciplinary teams and all records generated as a HB0831 EngrossedEnrolled - 19 - LRB101 07068 KTG 52105 b result of such reports shall be confidential and shall not be disclosed, except as specifically authorized by this Act or other applicable law.
or the person appointed, under Section 5-610 of the HB0831 EngrossedEnrolled - 20 - LRB101 07068 KTG 52105 b Juvenile Court Act of 1987, as the guardian ad litem of a minor who is in the custody or guardianship of the Department or who has an open intact family services case with the Department and who is the subject of a report or records made pursuant to this Act.
Action History
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Public Act . . . . . . . . . 101-0043
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Effective Date January 1, 2020
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Governor Approved
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Sent to the Governor
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Added as Alternate Co-Sponsor Sen. Toi W. Hutchinson
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Added as Alternate Co-Sponsor Sen. Rachelle Crowe
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Passed Both Houses
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Third Reading - Passed; 058-000-000
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Added as Alternate Co-Sponsor Sen. Steve Stadelman
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Added as Alternate Co-Sponsor Sen. Elgie R. Sims, Jr.
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Added as Alternate Co-Sponsor Sen. Emil Jones, III
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Placed on Calendar Order of 3rd Reading May 14, 2019
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Second Reading
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Added as Alternate Co-Sponsor Sen. Julie A. Morrison
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Placed on Calendar Order of 2nd Reading May 9, 2019
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Do Pass Human Services; 008-000-000
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Added as Alternate Co-Sponsor Sen. Antonio Muñoz
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Added as Alternate Co-Sponsor Sen. Bill Cunningham
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Added as Alternate Co-Sponsor Sen. Jennifer Bertino-Tarrant
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Assigned to Human Services
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Referred to Assignments
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First Reading
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Chief Senate Sponsor Sen. Linda Holmes
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Placed on Calendar Order of First Reading
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Arrive in Senate
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Added Chief Co-Sponsor Rep. Sue Scherer
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Third Reading - Short Debate - Passed 109-000-000
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Added Chief Co-Sponsor Rep. Keith P. Sommer
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Placed on Calendar Order of 3rd Reading - Short Debate
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House Floor Amendment No. 1 Adopted
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House Floor Amendment No. 1 Recommends Be Adopted Adoption & Child Welfare Committee; 012-000-000
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House Floor Amendment No. 1 Rules Refers to Adoption & Child Welfare Committee
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House Floor Amendment No. 1 Referred to Rules Committee
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House Floor Amendment No. 1 Filed with Clerk by Rep. Stephanie A. Kifowit
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Held on Calendar Order of Second Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Adoption & Child Welfare Committee; 012-000-000
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Assigned to Adoption & Child Welfare Committee
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Referred to Rules Committee
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First Reading
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Filed with the Clerk by Rep. Stephanie A. Kifowit
Sponsors
- Stephanie A. Kifowit · Cosponsor
- Keith P. Sommer · Cosponsor
- Sue Scherer · Cosponsor
- Linda Holmes · Cosponsor
- Jennifer Bertino-Tarrant · Cosponsor
- Bill Cunningham · Cosponsor
- Antonio Muñoz · Cosponsor
- Julie A. Morrison · Cosponsor
- III Emil Jones · Cosponsor
- Jr. Elgie R. Sims · Cosponsor
- Steve Stadelman · Cosponsor
- Rachelle Crowe · Cosponsor
- Toi W. Hutchinson · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 13 co-sponsors · 170 not signed on
Sponsors (0)
None.
Co-sponsors (13)
- Stephanie A. Kifowit Democrat
- Keith P. Sommer
- Sue Scherer Democrat
- Linda Holmes Democrat
- Jennifer Bertino-Tarrant
- Bill Cunningham
- Antonio Muñoz
- Julie A. Morrison Democrat
- Emil Jones, III Democrat
- Elgie R. Sims, Jr. Democrat
- Steve Stadelman Democrat
- Rachelle Crowe
- Toi W. Hutchinson
Not signed on (170)
170 members have not signed on to this bill.
Show all 170 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 13 | 0 | 0 | 0 |
| Unaffiliated | 26 | 0 | 0 | 0 |
| Democrat | 19 | 0 | 0 | 1 |
| Total | 58 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Link | — | Yea |
| Sandoval | — | Yea |
| Manar | — | Yea |
| Schimpf | — | Yea |
| Martinez | — | Yea |
| Barickman | — | Yea |
| Gillespie | — | Yea |
| Glowiak | — | Yea |
| Bennett | — | Yea |
| Steans | — | Yea |
| McGuire | — | Yea |
| Bertino-Tarrant | — | Yea |
| Stewart | — | Yea |
| Harris | — | Yea |
| Brady | — | Yea |
| Mulroe | — | Yea |
| Bush | — | Yea |
| Muñoz | — | Yea |
| Oberweis | — | Yea |
| Hutchinson | — | Yea |
| Crowe | — | Yea |
| Cullerton, T. | — | Yea |
| Cullerton | — | Yea |
| Landek | — | Yea |
| Righter | — | Yea |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| Christopher Belt | Democrat | Yea |
| Cristina Castro | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Elgie R. Sims, Jr. | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura Ellman | Democrat | Yea |
| Laura Fine | Democrat | Not Voting |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Omar Aquino | Democrat | Yea |
| Ram Villivalam | Democrat | Yea |
| Robert Peters | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Chapin Rose | Republican | Yea |
| Craig Wilcox | Republican | Yea |
| Dale Fowler | Republican | Yea |
| Dan McConchie | Republican | Yea |
| Dave Syverson | Republican | Yea |
| Donald P. DeWitte | Republican | Yea |
| Jason Plummer | Republican | Yea |
| Jil Tracy | Republican | Yea |
| John F. Curran | Republican | Yea |
| Neil Anderson | Republican | Yea |
| Steve McClure | Republican | Yea |
| Sue Rezin | Republican | Yea |
| Travis Weaver | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 46 | 0 | 0 | 4 |
| Democrat | 46 | 0 | 0 | 2 |
| Republican | 17 | 0 | 0 | 3 |
| Total | 109 | 0 | 0 | 9 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Sommer | — | Yea |
| Durkin | — | Yea |
| Arroyo | — | Yea |
| Mazzochi | — | Yea |
| Bailey | — | Yea |
| McAuliffe | — | Yea |
| Flowers | — | Yea |
| Batinick | — | Yea |
| McDermed | — | Yea |
| Frese | — | Yea |
| Bourne | — | Yea |
| Thapedi | — | Yea |
| McSweeney | — | Yea |
| Brady | — | Yea |
| Turner | — | Yea |
| Bristow | — | Yea |
| Unes | — | Yea |
| Greenwood | — | Yea |
| Burke | — | Yea |
| Butler | — | Yea |
| Carroll | — | Yea |
| Caulkins | — | Yea |
| Harris | — | Yea |
| Welter | — | Yea |
| Pappas | — | Yea |
| Connor | — | Yea |
| Conroy | — | Yea |
| Wheeler | — | Yea |
| Ramirez | — | Yea |
| Conyears-Ervin | — | Yea |
| Hurley | — | Yea |
| Williams | — | Yea |
| Jones | — | Yea |
| Costello | — | Yea |
| Willis | — | Yea |
| Robinson | — | Yea |
| Kalish | — | Yea |
| D'Amico | — | Yea |
| Yednock | — | Yea |
| Yingling | — | Yea |
| Skillicorn | — | Yea |
| Davis | — | Yea |
| Zalewski | — | Yea |
| Madigan | — | Yea |
| Marron | — | Yea |
| Bennett | — | Not Voting |
| Wehrli | — | Not Voting |
| Parkhurst | — | Not Voting |
| Demmer | — | Not Voting |
| Costa Howard | — | Yea |
| Aarón M. Ortíz | Democrat | Yea |
| Anna Moeller | Democrat | Yea |
| Anne Stava | Democrat | Yea |
| Anthony DeLuca | Democrat | Yea |
| Barbara Hernandez | Democrat | Yea |
| Bob Morgan | Democrat | Yea |
| Camille Y. Lilly | Democrat | Yea |
| Carol Ammons | Democrat | Yea |
| Celina Villanueva | Democrat | Yea |
| Curtis J. Tarver, II | Democrat | Yea |
| Daniel Didech | Democrat | Yea |
| Debbie Meyers-Martin | Democrat | Yea |
| Elizabeth "Lisa" Hernandez | Democrat | Yea |
| Emanuel "Chris" Welch | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jaime M. Andrade, Jr. | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Jehan Gordon-Booth | Democrat | Yea |
| Jennifer Gong-Gershowitz | Democrat | Yea |
| Joyce Mason | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Justin Slaughter | Democrat | Yea |
| Kam Buckner | Democrat | Yea |
| Karina Villa | Democrat | Yea |
| Katie Stuart | Democrat | Yea |
| Kelly M. Cassidy | Democrat | Not Voting |
| La Shawn K. Ford | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Marcus C. Evans, Jr. | Democrat | Yea |
| Mark L. Walker | Democrat | Yea |
| Martin J. Moylan | Democrat | Yea |
| Mary Edly-Allen | Democrat | Yea |
| Maurice A. West, II | Democrat | Yea |
| Michael W. Halpin | Democrat | Yea |
| Michelle Mussman | Democrat | Yea |
| Natalie A. Manley | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robert F. Martwick | Democrat | Not Voting |
| Robyn Gabel | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| Sonya M. Harper | Democrat | Yea |
| Stephanie A. Kifowit | Democrat | Yea |
| Sue Scherer | Democrat | Yea |
| Theresa Mah | Democrat | Yea |
| Will Guzzardi | Democrat | Yea |
| Amy L. Grant | Republican | Yea |
| Andrew S. Chesney | Republican | Yea |
| Blaine Wilhour | Republican | Yea |
| Brad Halbrook | Republican | Yea |
| Charles Meier | Republican | Yea |
| Chris Miller | Republican | Yea |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| Dan Swanson | Republican | Yea |
| Daniel J. Ugaste | Republican | Yea |
| Dave Severin | Republican | Yea |
| Jeff Keicher | Republican | Not Voting |
| Joe C. Sosnowski | Republican | Not Voting |
| John M. Cabello | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
| Patrick Windhorst | Republican | Yea |
| Ryan Spain | Republican | Yea |
| Steven Reick | Republican | Yea |
| Terri Bryant | Republican | Not Voting |
| Tom Weber | Republican | Yea |
| Tony M. McCombie | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 831 do?
- Amends the Abused and Neglected Child Reporting Act. Provides that within 10 days after completing an investigation of alleged physical abuse, sexual abuse, or neglect, if the report is unfounded or indicated, the Child Protective Service Unit shall send a copy of its final finding report to the Director of Public Health and the Director of Healthcare and Family Services. Requires the Director of Public Health and the Director of Healthcare and Family Services to ensure that the report remains confidential. In a provision that grants the Department of Public Health and other investigative bodies access to records concerning child abuse and neglect reports, removes language that requires the Director of Children and Family Services to approve such access. House Floor Amendment No. 1 Deletes reference to: 325 ILCS 5/8.7 new Adds reference to: 325 ILCS 5/4.4c new 325 ILCS 5/7.4 from Ch. 23, par. 2057.4 325 ILCS 5/7.8 Replaces everything after the enacting clause. Amends the Abused and Neglected Child Reporting Act. Provides that whenever the Department of Children and Family Services receives, by means of its statewide toll-free telephone number established for the purpose of reporting suspected child abuse or neglect or by any other means or from any mandated reporter, a report of suspected abuse or neglect of a child and the child is alleged to have been abused or neglected while receiving care in a hospital, including a freestanding psychiatric hospital licensed by the Department of Public Health, the Department of Children and Family Services shall: (i) notify the Directors of Public Health and Healthcare and Family Services of the report; and (ii) send a copy of the final finding to the Directors of Public Health and Healthcare and Family Services. Provides that the Department of Public Health shall receive information from unfounded reports involving children alleged to have been abused or neglected while hospitalized, including while hospitalized in freestanding psychiatric hospitals licensed by the Department of Public Health, as necessary for the Department of Public Health to conduct its licensing investigation. In a provision that grants the Department of Public Health and other investigative bodies access to records concerning child abuse and neglect reports, removes language that requires the Director of Children and Family Services to approve such access.
- Who sponsors HB 831?
- HB 831 is sponsored by Stephanie A. Kifowit (Democrat), Keith P. Sommer, Sue Scherer (Democrat), Linda Holmes (Democrat), Jennifer Bertino-Tarrant, Bill Cunningham, Antonio Muñoz, Julie A. Morrison (Democrat), Emil Jones, III (Democrat), Elgie R. Sims, Jr. (Democrat), Steve Stadelman (Democrat), Rachelle Crowe, and Toi W. Hutchinson.
- What is the current status of HB 831?
- This bill has been enacted into law. Introduced January 22, 2019. Enacted.
- Where can I track HB 831?
- Track HB 831 free on One Click Politics — get push/email alerts when it moves.
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