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1		AN ACT concerning children.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. The Children and Family Services Act is amended
5		by adding Section 5.05 and by adding Section 5.40 as follows:
6		(20 ILCS 505/5.05 new)
7		Sec. 5.05. Victims of sex trafficking.
8		(a) Legislative findings. Because of their histories of
9		trauma, youth in the care of the Department of Children and
10		Family Services are particularly vulnerable to sex
11		traffickers. Sex traffickers often target child care
12		facilities licensed by the Department to recruit their victims.
13		Foster children who are victims of sex trafficking present
14		unique treatment needs that existing treatment programs are not
15		always able to address. The Department of Children and Family
16		Services needs to develop a comprehensive strategy and
17		continuum of care to treat foster children who are identified
18		as victims of sex trafficking.
19		(b) Multi-disciplinary workgroup. By January 1, 2016, the
20		Department shall convene a multi-disciplinary workgroup to
21		review treatment programs for youth in the Department's care
22		who are victims of sex trafficking and to make recommendations
23		regarding a continuum of care for these vulnerable youth. The

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1		workgroup shall do all of the following:
2		(1) Conduct a survey of literature and of existing
3		treatment program models available in the State and outside
4		the State for youth in the Department's care who are
5		victims of sex trafficking, taking into account whether the
6		programs have been subject to evaluation.
7		(2) Evaluate the need for new programs in the State,
8		taking into account that youth in the Department's care who
9		are victims of sex trafficking can present a variety of
10		additional needs, including mental illness, medical needs,
11		emotional disturbance, and cognitive delays.
12		(3) Review existing State laws and rules that permit
13		children to be placed in secured therapeutic residential
14		care and recommend (i) whether secured residential care
15		should be part of a continuum of care in the State for
16		foster youth who have been sexually trafficked and who
17		repeatedly run away from treatment facilities, and if so,
18		whether any amendments to existing State laws and rules
19		should be made; and (ii) the circumstances under which
20		youth should be considered for placement in secured
21		therapeutic residential care.
22		(4) Make recommendations regarding a continuum of care
23		for children in the Department's care who are victims of
24		sex trafficking.
25		(c) Composition of workgroup. The workgroup shall consist
26		of a minimum of:

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1		(1) two representatives of the Department, including
2		at least one who is familiar with child care facilities
3		licensed by the Department under the Child Care Act of 1969
4		that provide residential services;
5		(2) one representative of a child advocacy
6		organization;
7		(3) one licensed clinician with expertise in working
8		with youth in the Department's care;
9		(4) one licensed clinician with expertise in working
10		with youth who are victims of sex trafficking;
11		(5) one board-certified child and adolescent
12		psychiatrist;
13		(6) two persons representing providers of residential
14		treatment programs operating in the State;
15		(7) two persons representing providers of adolescent
16		foster care or specialized foster care programs operating
17		in the State;
18		(8) one representative of the Department of Children
19		and Family Services' Statewide Youth Advisory Board;
20		(9) one representative of an agency independent of the
21		Department who has experience in providing treatment to
22		children and youth who are victims of sex trafficking; and
23		(10) one representative of a law enforcement agency
24		that works with youth who are victims of sex trafficking.
25		(d) Records and information. Upon request, the Department
26		shall provide the workgroup with all records and information in

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1		the Department's possession that are relevant to the
2		workgroup's review of existing programs and to the workgroup's
3		review of the need for new programs for victims of sex
4		trafficking. The Department shall redact any confidential
5		information from the records and information provided to the
6		workgroup to maintain the confidentiality of persons served by
7		the Department.
8		(e) Workgroup report. The workgroup shall provide a report
9		to the General Assembly no later than January 1, 2017 with its
10		findings and recommendations.
11		(f) Department report. No later than March 1, 2017, the
12		Department shall implement the workgroup's recommendations, as
13		feasible and appropriate, and shall submit a written report to
14		the General Assembly that explains the Department's decision to
15		implement or to not implement each of the workgroup's
16		recommendations.
17		(20 ILCS 505/5.40 new)
18		Sec. 5.40. Multi-dimensional treatment foster care.
19		Subject to appropriations, beginning June 1, 2016, the
20		Department shall implement a 5-year pilot program of
21		multi-dimensional treatment foster care, or a substantially
22		similar evidence-based program of professional foster care,
23		for (i) children entering care with severe trauma histories,
24		with the goal of returning the child home or maintaining the
25		child in foster care instead of placing the child in congregate

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1		care or a more restrictive setting or placement, (ii) children
2		who require placement in foster care when they are ready for
3		discharge from a residential treatment facility, and (iii)
4		children who are identified for residential or group home care
5		and who, based on a determination made by the Department, could
6		be placed in a foster home if higher level interventions are
7		provided.
8		The Department shall arrange for an independent evaluation
9		of the pilot program to determine whether it is meeting the
10		goal of maintaining children in the least restrictive, most
11		appropriate family-like setting, near the child's home
12		community, while they are in the Department's care and to
13		determine whether there is a long-term cost benefit to
14		continuing the pilot program.
15		At the end of the 5-year pilot program, the Department
16		shall submit a report to the General Assembly with its findings
17		of the evaluation. The report shall state whether the
18		Department intends to continue the pilot program and the
19		rationale for its decision.
20		Section 10. The Department of Human Services Act is amended
21		by adding Section 10-34 as follows:
22		(20 ILCS 1305/10-34 new)
23		Sec. 10-34. Public awareness of the national hotline
24		number. The Department of Human Services shall cooperate with

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1		the Department of Transportation to promote public awareness
2		regarding the national human trafficking hotline. This
3		includes, but is not limited to, displaying public awareness
4		signs in high risk areas, such as, but not limited to, truck
5		stops, bus stations, train stations, airports, and rest stops.
6		Section 15. The Child Care Act of 1969 is amended by adding
7		Section 8.5 as follows:
8		(225 ILCS 10/8.5 new)
9		Sec. 8.5. Reporting suspected abuse or neglect. The
10		Department shall address through rules and procedures the
11		failure of individual staff at child care facilities or child
12		welfare agencies to report suspected abuse or neglect of
13		children within the child care facility as required by the
14		Abused and Neglected Child Reporting Act.
15		The rules and procedures shall include provisions for when
16		the Department learns of the child care facility's staff's
17		failure to report suspected abuse or neglect of children and
18		the actions the Department will take to (i) ensure that the
19		child care facility takes immediate action with the individual
20		staff involved and (ii) investigate whether the failure to
21		report suspected abuse and neglect was a single incident or
22		part of a larger incident involving additional staff members
23		who failed to report, or whether the failure to report
24		suspected abuse and neglect is a system-wide problem within the

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1		child care facility or child welfare agency. The rules and
2		procedures shall also include the use of corrective action
3		plans and the use of supervisory teams to review staff and
4		facility understanding of their reporting requirements.
5		The Department shall adopt rules by July 1, 2016.
6		Section 20. The Abused and Neglected Child Reporting Act is
7		amended by changing Sections 3, 7.3, and 7.8 as follows:
8		(325 ILCS 5/3) (from Ch. 23, par. 2053)
9		Sec. 3. As used in this Act unless the context otherwise
10		requires:
11		"Adult resident" means any person between 18 and 22 years
12		of age who resides in any facility licensed by the Department
13		under the Child Care Act of 1969. For purposes of this Act, the
14		criteria set forth in the definitions of "abused child" and
15		"neglected child" shall be used in determining whether an adult
16		resident is abused or neglected.
17		"Agency" means a child care facility licensed under Section
18		2.05 or Section 2.06 of the Child Care Act of 1969 and includes
19		a transitional living program that accepts children and adult
20		residents for placement who are in the guardianship of the
21		Department.
22		"Blatant disregard" means an incident where the real,
23		significant, and imminent risk of harm would be so obvious to a
24		reasonable parent or caretaker that it is unlikely that a

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1		reasonable parent or caretaker would have exposed the child to
2		the danger without exercising precautionary measures to
3		protect the child from harm. With respect to a person working
4		at an agency in his or her professional capacity with a child
5		or adult resident, "blatant disregard" includes a failure by
6		the person to perform job responsibilities intended to protect
7		the child's or adult resident's health, physical well-being, or
8		welfare, and, when viewed in light of the surrounding
9		circumstances, evidence exists that would cause a reasonable
10		person to believe that the child was neglected. With respect to
11		an agency, "blatant disregard" includes a failure to implement
12		practices that ensure the health, physical well-being, or
13		welfare of the children and adult residents residing in the
14		facility.
15		"Child" means any person under the age of 18 years, unless
16		legally emancipated by reason of marriage or entry into a
17		branch of the United States armed services.
18		"Department" means Department of Children and Family
19		Services.
20		"Local law enforcement agency" means the police of a city,
21		town, village or other incorporated area or the sheriff of an
22		unincorporated area or any sworn officer of the Illinois
23		Department of State Police.
24		"Abused child" means a child whose parent or immediate
25		family member, or any person responsible for the child's
26		welfare, or any individual residing in the same home as the

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1		child, or a paramour of the child's parent:
2		(a) inflicts, causes to be inflicted, or allows to be
3		inflicted upon such child physical injury, by other than
4		accidental means, which causes death, disfigurement,
5		impairment of physical or emotional health, or loss or
6		impairment of any bodily function;
7		(b) creates a substantial risk of physical injury to
8		such child by other than accidental means which would be
9		likely to cause death, disfigurement, impairment of
10		physical or emotional health, or loss or impairment of any
11		bodily function;
12		(c) commits or allows to be committed any sex offense
13		against such child, as such sex offenses are defined in the
14		Criminal Code of 2012 or in the Wrongs to Children Act, and
15		extending those definitions of sex offenses to include
16		children under 18 years of age;
17		(d) commits or allows to be committed an act or acts of
18		torture upon such child;
19		(e) inflicts excessive corporal punishment or, in the
20		case of a person working for an agency who is prohibited
21		from using corporal punishment, inflicts corporal
22		punishment upon a child or adult resident with whom the
23		person is working in his or her professional capacity;
24		(f) commits or allows to be committed the offense of
25		female genital mutilation, as defined in Section 12-34 of
26		the Criminal Code of 2012, against the child;

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1		(g) causes to be sold, transferred, distributed, or
2		given to such child under 18 years of age, a controlled
3		substance as defined in Section 102 of the Illinois
4		Controlled Substances Act in violation of Article IV of the
5		Illinois Controlled Substances Act or in violation of the
6		Methamphetamine Control and Community Protection Act,
7		except for controlled substances that are prescribed in
8		accordance with Article III of the Illinois Controlled
9		Substances Act and are dispensed to such child in a manner
10		that substantially complies with the prescription; or
11		(h) commits or allows to be committed the offense of
12		involuntary servitude, involuntary sexual servitude of a
13		minor, or trafficking in persons as defined in Section 10-9
14		of the Criminal Code of 2012 against the child.
15		A child shall not be considered abused for the sole reason
16		that the child has been relinquished in accordance with the
17		Abandoned Newborn Infant Protection Act.
18		"Neglected child" means any child who is not receiving the
19		proper or necessary nourishment or medically indicated
20		treatment including food or care not provided solely on the
21		basis of the present or anticipated mental or physical
22		impairment as determined by a physician acting alone or in
23		consultation with other physicians or otherwise is not
24		receiving the proper or necessary support or medical or other
25		remedial care recognized under State law as necessary for a
26		child's well-being, or other care necessary for his or her

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1		well-being, including adequate food, clothing and shelter; or
2		who is subjected to an environment which is injurious insofar
3		as (i) the child's environment creates a likelihood of harm to
4		the child's health, physical well-being, or welfare and (ii)
5		the likely harm to the child is the result of a blatant
6		disregard of parent, or caretaker, or agency responsibilities;
7		or who is abandoned by his or her parents or other person
8		responsible for the child's welfare without a proper plan of
9		care; or who has been provided with interim crisis intervention
10		services under Section 3-5 of the Juvenile Court Act of 1987
11		and whose parent, guardian, or custodian refuses to permit the
12		child to return home and no other living arrangement agreeable
13		to the parent, guardian, or custodian can be made, and the
14		parent, guardian, or custodian has not made any other
15		appropriate living arrangement for the child; or who is a
16		newborn infant whose blood, urine, or meconium contains any
17		amount of a controlled substance as defined in subsection (f)
18		of Section 102 of the Illinois Controlled Substances Act or a
19		metabolite thereof, with the exception of a controlled
20		substance or metabolite thereof whose presence in the newborn
21		infant is the result of medical treatment administered to the
22		mother or the newborn infant. A child shall not be considered
23		neglected for the sole reason that the child's parent or other
24		person responsible for his or her welfare has left the child in
25		the care of an adult relative for any period of time. A child
26		shall not be considered neglected for the sole reason that the

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1		child has been relinquished in accordance with the Abandoned
2		Newborn Infant Protection Act. A child shall not be considered
3		neglected or abused for the sole reason that such child's
4		parent or other person responsible for his or her welfare
5		depends upon spiritual means through prayer alone for the
6		treatment or cure of disease or remedial care as provided under
7		Section 4 of this Act. A child shall not be considered
8		neglected or abused solely because the child is not attending
9		school in accordance with the requirements of Article 26 of The
10		School Code, as amended.
11		"Child Protective Service Unit" means certain specialized
12		State employees of the Department assigned by the Director to
13		perform the duties and responsibilities as provided under
14		Section 7.2 of this Act.
15		"Person responsible for the child's welfare" means the
16		child's parent; guardian; foster parent; relative caregiver;
17		any person responsible for the child's welfare in a public or
18		private residential agency or institution; any person
19		responsible for the child's welfare within a public or private
20		profit or not for profit child care facility; or any other
21		person responsible for the child's welfare at the time of the
22		alleged abuse or neglect, including any person that is the
23		custodian of a child under 18 years of age who commits or
24		allows to be committed, against the child, the offense of
25		involuntary servitude, involuntary sexual servitude of a
26		minor, or trafficking in persons for forced labor or services,

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1		as provided in Section 10-9 of the Criminal Code of 2012, or
2		any person who came to know the child through an official
3		capacity or position of trust, including but not limited to
4		health care professionals, educational personnel, recreational
5		supervisors, members of the clergy, and volunteers or support
6		personnel in any setting where children may be subject to abuse
7		or neglect.
8		"Temporary protective custody" means custody within a
9		hospital or other medical facility or a place previously
10		designated for such custody by the Department, subject to
11		review by the Court, including a licensed foster home, group
12		home, or other institution; but such place shall not be a jail
13		or other place for the detention of criminal or juvenile
14		offenders.
15		"An unfounded report" means any report made under this Act
16		for which it is determined after an investigation that no
17		credible evidence of abuse or neglect exists.
18		"An indicated report" means a report made under this Act if
19		an investigation determines that credible evidence of the
20		alleged abuse or neglect exists.
21		"An undetermined report" means any report made under this
22		Act in which it was not possible to initiate or complete an
23		investigation on the basis of information provided to the
24		Department.
25		"Subject of report" means any child reported to the central
26		register of child abuse and neglect established under Section

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1		7.7 of this Act as an alleged victim of child abuse or neglect
2		and the parent or guardian of the alleged victim or other
3		person responsible for the alleged victim's welfare who is
4		named in the report or added to the report as an alleged
5		perpetrator of child abuse or neglect.
6		"Perpetrator" means a person who, as a result of
7		investigation, has been determined by the Department to have
8		caused child abuse or neglect.
9		"Member of the clergy" means a clergyman or practitioner of
10		any religious denomination accredited by the religious body to
11		which he or she belongs.
12		(Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10;
13		96-1464, eff. 8-20-10; 97-333, eff. 8-12-11; 97-803, eff.
14		7-13-12; 97-897, eff. 1-1-13; 97-1063, eff. 8-24-12; 97-1150,
15		eff. 1-25-13.)
16		(325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
17		Sec. 7.3. (a) The Department shall be the sole agency
18		responsible for receiving and investigating reports of child
19		abuse or neglect made under this Act, including reports of
20		adult resident abuse or neglect as defined in this Act, except
21		where investigations by other agencies may be required with
22		respect to reports alleging the death of a child, serious
23		injury to a child or sexual abuse to a child made pursuant to
24		Sections 4.1 or 7 of this Act, and except that the Department
25		may delegate the performance of the investigation to the

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1		Department of State Police, a law enforcement agency and to
2		those private social service agencies which have been
3		designated for this purpose by the Department prior to July 1,
4		1980.
5		(b) Notwithstanding any other provision of this Act, the
6		Department shall adopt rules expressly allowing law
7		enforcement personnel to investigate reports of suspected
8		child abuse or neglect concurrently with the Department,
9		without regard to whether the Department determines a report to
10		be "indicated" or "unfounded" or deems a report to be
11		"undetermined".
12		(c) By June 1, 2016, the Department shall adopt rules that
13		address and set forth criteria and standards relevant to
14		investigations of reports of abuse or neglect committed by any
15		agency, as defined in Section 3 of this Act, or person working
16		for an agency responsible for the welfare of a child or adult
17		resident.
18		(Source: P.A. 95-57, eff. 8-10-07; 96-1446, eff. 8-20-10.)
19		(325 ILCS 5/7.8) (from Ch. 23, par. 2057.8)
20		Sec. 7.8. Upon receiving an oral or written report of
21		suspected child abuse or neglect, the Department shall
22		immediately notify, either orally or electronically, the Child
23		Protective Service Unit of a previous report concerning a
24		subject of the present report or other pertinent information.
25		In addition, upon satisfactory identification procedures, to

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1		be established by Department regulation, any person authorized
2		to have access to records under Section 11.1 relating to child
3		abuse and neglect may request and shall be immediately provided
4		the information requested in accordance with this Act. However,
5		no information shall be released unless it prominently states
6		the report is "indicated", and only information from
7		"indicated" reports shall be released, except that information
8		concerning pending reports may be released pursuant to Sections
9		7.14 and 7.22 of this Act to the attorney or guardian ad litem
10		appointed under Section 2-17 of the Juvenile Court Act of 1987
11		and to any person authorized under paragraphs (1), (2), (3) and
12		(11) of Section 11.1. In addition, State's Attorneys are
13		authorized to receive unfounded reports for prosecution
14		purposes related to the transmission of false reports of child
15		abuse or neglect in violation of subsection (a), paragraph (7)
16		of Section 26-1 of the Criminal Code of 2012 and attorneys and
17		guardians ad litem appointed under Article II of the Juvenile
18		Court Act of 1987 shall receive the reports set forth in
19		Section 7.14 of this Act in conformance with paragraph (19) of
20		Section 11.1 and Section 7.14 of this Act. The Department is
21		authorized and required to release information from unfounded
22		reports, upon request by a person who has access to the
23		unfounded report as provided in this Act, as necessary in its
24		determination to protect children and adult residents who are
25		in child care facilities licensed by the Department under the
26		Child Care Act of 1969. The names and other identifying data

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1		and the dates and the circumstances of any persons requesting
2		or receiving information from the central register shall be
3		entered in the register record.
4		(Source: P.A. 97-1150, eff. 1-25-13; 98-807, eff. 8-1-14;
5		revised 11-25-14.)
6		Section 99. Effective date. This Act takes effect on
7		January 1,