SB 90 — ANIMAL-ABUSE CROSS REPORTING

*LRB09603030JDS13044b* SB0090 96THEngrossed GENERALLRB096 ASSEMBLY03030 StateJDS of13044 Illinoisb andAN 2010ACT SB0090concerning Introducedabuse. 1/30/2009, by Sen.

Don Harmon SYNOPSIS AS INTRODUCED:

ILCS 70/18 new ILCS 5/4 from Ch.

23, par.

2054 ILCS 5/11.8 new ILCS 805/8.33 new Amends the Humane Care for Animals Act and the Abused and Neglected Child Reporting Act.

Provides that an animal control officer, a Department of Agriculture investigator, or a humane society investigator who has reasonable cause to suspect or believe that a child is being abused or neglected or is in danger of being abused or neglected must immediately make a written or oral report to the Department of Children and Family Services.

Requires 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 must immediately make a written or oral report to Department of Agriculture's Bureau of Animal Health and Welfare.

Provides for immunity from liability for persons, institutions, and agencies participating in good faith in the reporting or investigation of animal abuse or neglect.

Provides for confidentiality of the identity of persons reporting animal abuse or neglect.

Provides that nothing in the Abused and Neglected Child Reporting 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.

Preempts home rule powers.

Amends the State Mandates Act to require implementation without reimbursement.

Effective immediately.

LRB096 03030 JDS 13044 b FISCAL NOTE ACT HOME RULE NOTE STATE MANDATES MAY APPLY ACT MAY APPLY ACT MAY REQUIRE REIMBURSEMENT A BILL FOR SB0090 LRB096 03030 JDS 13044 b AN ACT concerning abuse.

(c) AnyExcept for willful and wanton misconduct, any person, institution, or agency described in subsection (b),(a) participatingor in(b), good faith in the making of a SB0090 Engrossed - 2 - LRB096 03030 JDS 13044 b participating in good faith in the making of a report or referral, or in the investigation of such a report or referral, or in making a disclosure of information concerning reports of abuse or neglect under this Act, shall have immunity from any liability, civil, criminal, or otherwise, that might result by reason of such actions.

For(d) theThe purposeidentity of any proceedings,person civilwho orreports criminal, the good faith of any persons required to report or refer, or permitted to report, cases of suspected animal abuse or neglect,neglect or permitted to refer individuals under thissubsection Act(a) or required(b) toshall disclosebe informationconfidential concerningand reportsshall ofnot animalbe abusedisclosed andexcept neglectas inspecifically complianceauthorized withby this Act,Act shallor beother presumed.applicable law.

(d) The identity of any person who reports animal abuse or neglect under subsection (b) shall be confidential and shall not be disclosed except as specifically authorized by this Act or other applicable law.

SB0090 - 3 - LRB096 03030 JDS 13044 b (325 ILCS 5/4) (from Ch.

Any physician, resident, intern, hospital, hospital administrator and personnel engaged in examination, care and treatment of SB0090 Engrossed - 3 - LRB096 03030 JDS 13044 b persons, surgeon, dentist, dentist hygienist, osteopath, chiropractor, podiatrist, 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), 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 program or facility personnel, law enforcement officer, licensed professional counselor, licensed clinical professional counselor, registered psychologist and assistants working under the SB0090 - 4 - LRB096 03030 JDS 13044 b 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), SB0090 Engrossed - 4 - LRB096 03030 JDS 13044 b 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.

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 SB0090 - 5 - LRB096 03030 JDS 13044 b 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 SB0090 Engrossed - 5 - LRB096 03030 JDS 13044 b 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.

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 SB0090 - 6 - LRB096 03030 JDS 13044 b 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 SB0090 Engrossed - 6 - LRB096 03030 JDS 13044 b 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.

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, SB0090 - 7 - LRB096 03030 JDS 13044 b 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 SB0090 Engrossed - 7 - LRB096 03030 JDS 13044 b neglected children and shall not constitute grounds for failure to report as required by this Act.

SB0090 - 8 - LRB096 03030 JDS 13044 b 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 1961".

SB0090 Engrossed - 8 - LRB096 03030 JDS 13044 b 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;

A child shall not be considered neglected or abused solely SB0090 - 9 - LRB096 03030 JDS 13044 b 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 SB0090 Engrossed - 9 - LRB096 03030 JDS 13044 b animal abuse or neglect to the Department of Agriculture's Bureau of Animal Health and Welfare.

(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 SB0090 - 10 - LRB096 03030 JDS 13044 b Health and Welfare.

This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois SB0090 Engrossed - 10 - LRB096 03030 JDS 13044 b Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.