SB 646 — DOMESTIC VIOLENCE CO-LOCATION

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.

SB0646 Engrossed - 6 - LRB100 07832 KTG 17900 b 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.

(a-6) As used in this subsection:

"Domestic violence co-location program" means a program, administered in partnership with a co-location program management entity, where certified domestic violence advocates who are trained in domestic violence services and employed through a certified domestic violence provider are assigned to work in a field office of the Department of Children and Family Services alongside and in collaboration with child welfare investigators and caseworkers working with families where there are indicators of domestic violence.

"Co-location program management entity" means the SB0646 Engrossed - 7 - LRB100 07832 KTG 17900 b organization that partners with the Department to administer the domestic violence co-location program.

"Certified(b) domesticSubject violenceto advocate"appropriations meansor athe domesticavailability violenceof professionalother whofunds hasfor completedthis purpose, the requirementsDepartment asmay specifiedimplement ina the5-year certificationpilot criteriaprogram of thea Illinoisdomestic Certifiedviolence Domesticco-location Violenceprogram. Professionals.

Subject to appropriations or the availability of other funds for this purpose, the Department may implement a 5-year pilot program of a domestic violence co-location program.

(c) The Department shall adopt rules and procedures and shall develop and facilitate training for the effective SB0646 Enrolled - 6 - LRB100 07832 KTG 17900 b implementation of the domestic violence co-location program.

The Department shall track,adopt collect,rules reporton on,the andqualification sharerequirements datafor about domestic violence-affectedviolence families,advocates including,participating butin not limited to, data related to hotline calls, investigations, SB0646 Engrossed - 8 - LRB100 07832 KTG 17900 b protective custody, cases referred to the juvenilepilot court, and outcomes of the domestic violence co-location program.

(d) The Department mayshall arrangetrack, forcollect, anreport independent,on, evidence-basedand evaluationshare ofdata theabout domestic violenceviolence-affected co-locationfamilies, programincluding, authorizedbut andnot implementedlimited underto, thisdata subsectionrelated to determinehotline whethercalls, itinvestigations, isprotective meetingcustody, itscases goals.referred to the juvenile court, and outcomes of the domestic violence co-location program.

(e) The Department may arrange for an independent, evidence-based evaluation of the domestic violence co-location program authorized and implemented under this Section to determine whether it is meeting its goals.

(iv) the number of referrals to the co-located certified domestic violence advocates;

and (vi) the number of months that children remained in foster care whose cases involved the co-located certified domestic violence advocate.

(f) Following the expiration of the 5-year pilot program or SB0646 Enrolled - 7 - LRB100 07832 KTG 17900 b prior to the expiration of the pilot program, if there is evidence that the pilot program is effective, the domestic violence co-location program may expand into each county, investigative office of the Department of Children and Family Services, or purchase of service or other contracted private agency delivering intact family or foster care services in Illinois.

(g) Nothing in this Section shall be construed to breach the SB0646 Engrossed - 9 - LRB100 07832 KTG 17900 b confidentiality protections provided under State law to domestic violence professionals, including co-located certified domestic violence advocates, in the provision of services to domestic violence victims as employees of certified domestic violence agencies or to any individual who receives services from certified domestic violence agencies.

(b)(1)Section The15. 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 If,and duringonly aif familyHouse assessmentBill authorized1785 by subsection (a-5) or an investigation, it appears that the immediate safety or well-being of a child is endangered, that the family100th mayGeneral fleeAssembly orbecomes thelaw, childthen disappear, or that the factsVital otherwiseRecords soAct warrant,is theamended Childby Protectivechanging ServiceSection Unit17 shallas commencefollows: an investigation immediately, regardless of the time of day or night.

All(410 otherILCS investigations535/17) shall(from beCh. commenced within 24 hours of receipt of the report.

Upon111 receipt1/2, ofpar. 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)73-17) BasedSec. 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 SB0646 Engrossed - 10 - LRB100 07832 KTG 17900 b not result in an indicated report.

The17. formal investigation shall include:

direct(1) contactFor witha theperson subjectborn orin subjectsthis ofState, the reportState asRegistrar soonof asVital possibleRecords aftershall theestablish reporta isnew received;certificate of birth when he receives any of the following:

an(a) evaluationA certificate of adoption as provided in Section 16 or a certified copy of the environmentorder of adoption together with the childinformation namednecessary into identify the reportoriginal andSB0646 anyEnrolled other- children8 in- LRB100 07832 KTG 17900 b certificate of birth and to establish the samenew environment;certificate of birth;

except that a determinationnew certificate of thebirth riskshall tonot suchbe childrenestablished if theyso continuerequested toby remain in the existingcourt environments,ordering asthe welladoption, asthe aadoptive determinationparents, ofor the nature,adopted extentperson. and cause of any condition enumerated in such report;

(b) A certificate of adoption or a certified copy of the name,order ageof andadoption conditionentered in a court of competent jurisdiction of any other childrenstate or country declaring adopted a child born in the environment;State of Illinois, together with the information necessary to identify the original certificate of birth and to establish the new certificate of birth;

andexcept anthat evaluationa asnew tocertificate whetherof therebirth wouldshall not be anestablished immediateif andso urgentrequested necessityby to remove the childcourt fromordering the environmentadoption, ifthe appropriateadoptive familyparents, preservationor servicesthe wereadopted provided.person.

After(c) seeingA torequest thethat safetya ofnew thecertificate childbe established and such evidence as required by regulation proving that such person has been legitimatized, or children,that the circuit court, the Department shallof forthwithHealthcare notifyand theFamily subjectsServices (formerly Illinois Department of thePublic reportAid), inor writing,a court or administrative agency of any other state has established the existencepaternity of thesuch reporta andperson theirby rightsjudicial existingor underadministrative thisprocesses Actor inby regardvoluntary acknowledgment, which is accompanied by the social security numbers of all persons determined and presumed to amendmentbe orthe expungement.parents.

To(d) fulfillA thedeclaration requirementsby ofa thislicensed Section,health care professional or licensed mental health professional who has treated or evaluated a person stating that the Childperson ProtectiveSB0646 ServiceEnrolled Unit- shall9 have- LRB100 07832 KTG 17900 b has undergone treatment that is clinically appropriate for that individual for the capabilitypurpose of providinggender transition, based on contemporary medical standards, or arrangingthat forthe comprehensiveindividual emergencyhas servicesan tointersex childrencondition, and familiesthat atthe allsex timesdesignation ofon thesuch dayperson's orbirth night.record should therefore be changed.

(4)The Ifinformation (i)in at the conclusiondeclaration ofshall the Unit's initial investigation of a report, the Unit determines the report to be aproved good faith indication of alleged child abuse or neglect that warrants a formal investigation by the Unit,licensed thehealth Department,care anyprofessional law enforcement agency or anylicensed othermental responsiblehealth agencyprofessional andsigning (ii) the person who is alleged to have caused the abuse or SB0646 Engrossed - 11 - LRB100 07832 KTG 17900 b neglect is employed or otherwise engaged in an activity resulting in frequent contact with children and thedating allegedit abuse or neglect are in thesubstantially course of such employment or activity, then the Departmentfollowing shall,form: 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"I Departmentdeclare shall(or alsocertify, notifyverify, theor personstate) beingunder investigated,penalty unlessof theperjury Director determines that suchthe notificationforegoing wouldis betrue detrimentaland tocorrect. the Department's investigation.

(c)Executed In an investigation of a report of suspected abuse or neglect of a child by a school employee at a school or on school(date).". grounds, the Department shall make reasonable efforts to follow the following procedures:

(1)The Investigationsnew involvingcertificate teachersof birth shall not,reflect toany thelegal extentname possible,change, beso conductedlong whenas the teacherappropriate isdocumentation scheduledof tothe conductname classes.change is submitted.

InvestigationsEach involvingrequest otherfor schoola employeesnew certificate of birth shall be conductedaccompanied soby asa fee of $15 and entitles the applicant to minimizeone disruptioncertification or certified copy of the schoolnew day.certificate.

TheIf schoolthe employeerequest accusedis offor childadditional abusecopies, orit neglectshall maybe haveaccompanied hisby superior,a hisfee associationof or$2 unionfor representativeeach andadditional hiscertification attorney present at any interview or meetingcertified atcopy. which the teacher or administrator is present.

The(2) accusedWhen school employee SB0646 Engrossed - 12 - LRB100 07832 KTG 17900 b shall be informed by a representativenew certificate of thebirth Department,is atestablished, any interview or meeting, of the accusedactual schoolplace employee's due process rights and date of thebirth stepsshall inbe theshown; investigation process.

Theprovided, informationin shallthe include,case butof needadoption notof necessarilya beperson limitedborn toin thethis right,State subjectby toparents who were residents of this State at the approvaltime of the Department,birth of the schooladopted employeeperson, tothe confrontplace of birth may be shown as the accuser,place ifof residence of the accuseradoptive isparents 14at yearsthe time of agesuch orperson's older,birth, orif thespecifically rightrequested toby reviewthem, theand specificany allegationsnew whichcertificate gaveof risebirth established prior to the investigation,effective anddate theof rightSB0646 toEnrolled review- all10 materials- andLRB100 evidence07832 thatKTG have17900 beenb submittedthis toamendatory Act may be corrected accordingly if so requested by the Departmentadoptive inparents supportor the adopted person when of thelegal allegation.age.

TheseThe duesocial processsecurity rightsnumbers shall also include the right of the schoolparents employeeshall tonot presentbe countervailingrecorded evidenceon regarding the accusations.certificate of birth.

(2)The Ifsocial asecurity reportnumbers ofmay neglectonly orbe abuseused offor apurposes childallowed byunder afederal teacherlaw. 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.

IfThe thenew Unitcertificate determines that the report is a good faith indication of potential child abuse or neglect, it shall thenbe commencesubstituted afor formalthe investigationoriginal undercertificate paragraph (3) of subsectionbirth: (b) of this Section.

(3)(a) IfThereafter, athe reportoriginal ofcertificate neglectand orthe abuseevidence of aadoption, childpaternity, bylegitimation, a teacher or administratorchange involves an allegation of sexualsex SB0646designation Engrossedshall -not 13be -subject LRB100to 07832inspection KTGor 17900certification bexcept abuseupon ororder extremeof physical abuse, the Childcircuit Protectivecourt, Unitrequest shallof commencethe anperson investigationnamed underon paragraphthe (2)certificate of subsectionbirth, (b)or ofas thisprovided Section.by regulation.

(c-5)If Inthe anynew instancecertificate inwas whichissued asubsequent report is made or caused to madean byadoption, athen schoolthe districtevidence employeeof involvingadoption theis conductnot ofsubject ato personinspection employedor bycertification theexcept schoolupon district,order atof the timecircuit thecourt reportor was made, as requiredprovided underby Sectionrule, 4and of this Act, the Childoriginal Protectivecertificate Serviceshall Unitnot shallbe sendsubject ato copyinspection ofuntil itsthe finaladopted findingperson reporthas toreached the generalage superintendent of that21; school district.

(d)thereafter, If the Departmentoriginal hascertificate contactshall withbe anmade employer,available oras withprovided aby religiousSection institution18.1b or religious official having supervisory or hierarchical authority over a member of the clergyAdoption accusedAct, ofand thenothing abuse of a child, in thethis coursesubsection of its investigation, the Department shall notifyimpede the employer or theprohibit religiousaccess institutionto or religious official, in writing, when a report is unfounded so that any record of the investigationoriginal canbirth becertificate expungedunder fromSection the18.1b employee's or member of the clergy'sAdoption personnelAct. or other records.

The(b) DepartmentUpon shallreceipt alsoof notifynotice theof employeeannulment orof adoption, the memberoriginal certificate of thebirth clergy,shall inbe writing,restored thatto notificationits hasplace beenin sentthe tofiles, and the employernew orcertificate toand theevidence appropriateSB0646 religiousEnrolled institution- or11 religious- officialLRB100 informing07832 theKTG employer17900 orb religiousshall institutionnot orbe religioussubject officialto thatinspection theor Department'scertification investigationexcept hasupon resultedorder inof anthe unfoundedcircuit report.court.

(e)(3) UponIf requestno bycertificate the Department, the Department of Statebirth SB0646is Engrossedon -file 14for -the LRB100person 07832for KTGwhom 17900a bnew Policecertificate andis lawto enforcementbe agenciesestablished areunder authorizedthis toSection, providea criminaldelayed history record informationof asbirth definedshall inbe thefiled Illinoiswith Uniform Conviction Information Act and information maintained in the adjudicatoryState andRegistrar dispositionalof recordVital systemRecords as definedprovided in Section 2605-35514 ofor theSection Department15 of Statethis PoliceAct Lawbefore (20a ILCSnew 2605/2605-355)certificate to properly designated employees of thebirth Departmentis ofestablished, Childrenexcept andthat Familywhen Services if the Departmentdate determinesand theplace informationof isbirth necessaryand toparentage performhave itsbeen dutiesestablished underin the Abusedadoption andproceedings, Neglecteda Childdelayed Reportingrecord Act,shall thenot Childbe Carerequired. Act of 1969, and the Children and Family Services Act.

The(4) requestWhen a new certificate of birth is established by the State Registrar of Vital Records, all copies of the original certificate of birth in the custody of any custodian of permanent local records in this State shall be intransmitted to the formState Registrar of Vital Records as directed, and mannershall requiredbe sealed from inspection except as provided by theSection Department18.1b of Statethe Police.Adoption Act.

Any(5) informationNothing obtainedin by the Department of Children and Family Services under this Section isshall confidential and may not be transmittedconstrued outsideto prohibit the Departmentamendment of Childrena andbirth Familycertificate Servicesin otheraccordance thanwith tosubsection a(6) court of competentSection jurisdiction22. 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.

98-1141,97-110, eff.

12-30-14.)7-14-11;

100HB1785eng.) Section 99.

Effective date.

This Act takes effect January 1, 2018, except that Section 15 takes effect upon becoming law or on the date House Bill 1785 of the 100th General Assembly takes effect, whichever is later.