Ray’s Corner Legislation Update
For May 17th, 2020 – Ray Violetto—Tinley Park PD
CAC INTERVIEW PROTECTIONS Public Act 101-236, House Bill 909
This new law clarifies the Children’s Advocacy Center Act to ensure that there is continuity across the state regarding consent when a CAC conducts an electronically recorded forensic interview and provides additional protections for the interview content, through FOIA exemptions and protective orders.
DCFS FAMILY SUPPORT CHANGES Public Act 101-237, House Bill 1551
This new act makes numerous changes to the laws governing DCFS. Children in DCFS custody or under court jurisdiction must be up to date on their well-child visits and immunizations.
When a child exits foster care DCFS must complete a home safety checklist to ensure that the condition of the child’s home is sufficient.
Any aftercare services provided by DCFS must begin immediately. A child protective services investigation is required if the family refuses to cooperate or refuses access to the home or children after a report is made by a mandated reporter to the statewide reporting telephone number.
In addition, the Auditor-General must do a performance audit of DCFS one year after the effective date of this law and a follow-up audit within two years thereafter to determine if DCFS has implemented the recommendations of the first audit.
DCFS REPORTING ABUSED OR NEGLECTED CHILDREN Public Act 101-583, Senate Bill 1239
Any report received by DCFS alleging the abuse or neglect of a child by a person who is not the child’s parent, a member of the child’s immediate family, a person responsible for the child’s welfare, an individual residing in the same home as the child, or a paramour of the child’s parent, shall immediately be referred to the appropriate local enforcement agency for consideration of criminal investigation or other action.
HOSPITAL CHILD ABUSE ALLEGATION NOTIFICATION Public Act 101-43, House Bill 831
This new law provides that whenever the Department of Children and Family Services (DCFS) receives a report of suspected child abuse or neglect while the child was in the care of a hospital, DCFS shall notify the Department of Public Health (DPH) and HFS of the report and send the final finding to the directors of both those agencies.
ADDRESSING DEFICIENCIES WITHIN DCFS Public Act 101-166, Senate Bill 1743
Children in the state’s foster care system will be given an opportunity to have their voices heard about issues within the system that affect them under this measure.
This law requires DCFS to develop, process, and administer a standardized survey to gather feedback from youth who are currently aging out or who have recently aged out of the foster care system.
The goal is to help DCFS and supporting agencies identify deficiencies in the system by learning about them from the people directly affected by them, leading to changes in policy to help address these issues.
SPECIAL IMMIGRANT JUVENILE CONSISTENCY Public Act 101-121, House Bill 1553
The Juvenile Court Act allows a court to grant Special Immigrant Minor status to a minor, which makes it easier for undocumented youth who have been subjected to abuse and/or neglect at the hands of their parents to obtain visas.
The statute was updated to make all statutes that affect custody and/or guardianship of a minor consistent.
The act also made updates to the language to be consistent with federal law.
THREATS AGAINST SCHOOLS MADE BY MINORS Public Act 101-238, House Bill 1579
Before sentencing a minor for disorderly conduct, where the minor made threats of harm, violence, death, or destruction towards a school or persons in or at the school, the court may order the minor to undergo a mental health evaluation.
The new law requires the student to reimburse the reasonable costs of the emergency response by the public agency unless the minor is determined to be indigent by the court.
CRACKING DOWN ON CRIMES AGAINST CHILDREN COMMITTED IN THE CLOUD Public Act 101-87, House Bill 2133
This new law strengthens the ability of law enforcement to charge offenders who commit fraud, child pornography, online solicitation of a child, and a range of other crimes by updating the definition of “computer” in state law to include any cloud-based networks of remote services hosted on the Internet.
ELIMINATES STATUTE OF LIMITATIONS FOR CRIMINAL SEXUAL ASSAULT CASES Public Act 101-130, House Bill 2135
Removes the statute of limitations for criminal sexual assault, aggravated criminal sexual assault, or aggravated criminal sexual abuse regardless of the age of the victim.
CHILDREN AND YOUNG ADULT MENTAL HEALTH CRISIS ACT Public Act 101-461, House Bill 2154
Insurance coverage is required for evidence-based early treatment models for psychosis and other serious mental health conditions for youth under age 26.
HFS is required to restructure the program to streamline eligibility, promote family engagement, and enable early treatment for children and young adults with high mental health needs under the age of 26.
It provides for certain percentage funding levels for specified components of the Family Support Program and requires HFS to develop a public awareness campaign to increase awareness of the program.
The law also creates and addresses Medicaid billing issues to provide for a system or reimbursement and billing for providers.
HIGH SCHOOL MATH GRADUATION REQUIREMENTS Public Act 101-464, House Bill 2165
The high school graduation requirement for mathematics is updated by broadening the scope of the geometry component so it may include an integrated, applied, interdisciplinary, or career and technical education course that prepares a student for a career readiness path.
MINORS IN CONTACT WITH STDS MAY RECEIVE HIV PREVENTION MEDICATION Public Act 101-214, House Bill 2665
A minor of 12 years or older who may have come into contact with any sexually transmitted disease, who may be determined to be an intoxicated person, a person with a substance abuse disorder, or who may have a family member who abuses drugs or alcohol, may give consent to health care services or counseling related to the prevention, diagnosis, or treatment of the disease, rather than just the diagnoses or treatment.
PROSECUTING FEMALE GENITAL MUTILATION Public Act 101-285, House Bill 3498
Any parent, guardian, or other person having physical custody or control of a child under the age of 18 years old who knowingly facilitates or permits female genital mutilation has committed a Class 1 felony.
The prosecution may be commenced at any time if the victim was under the age of 18 at the time of the offense. The law defines female genital mutilation.
REDUCING JUVENILE RECIDIVISM Public Act 101-219, House Bill 3704
This new law codifies the use of policies and procedures at the DJJ that emphasize the importance of family engagement, as well as other services such as mental health, and education to successfully rehabilitate juveniles and reduce recidivism
TERMINATION OF PARENTAL RIGHTS Public Act 101-529, Senate Bill 218
Sexual crimes such as predatory criminal sexual assault, sexual conduct by the use of force, criminal sexual assault, among others are added to the list of convictions of the parent requiring DCFS to request that the State’s Attorney file a petition or motion for termination of parental rights.
The law adds sexual crimes to the presumption a parent is depraved and unfit for adopting.
IN-SCHOOL ADMINISTRATION OF MEDICAL CANNABIS INFUSED PRODUCTS Public Act 101-370, Senate Bill 455
All schools and school districts must allow a school nurse or school administrator to administer a medical cannabis-infused product to a student who is a registered qualifying patient while on school premises or at a school-sponsored activity.
The schools may authorize the self-administration of the medical cannabis-infused product by a student under the direct supervision of a school nurse or school administrator.
It also requires ISBE, in consultation with DPH, to develop a training curriculum for school nurses and school administrators on the administration of medical cannabis-infused products.
INFANT DEATH INVESTIGATIONS Public Act 101-338, Senate Bill 1568
To better protect infants from Sudden Infant Death Syndrome, a death investigation for an infant is required to note any hazards observed at the scene of sudden and unexpected deaths.
These factors, such as the conditions of the infant’s sleep environment, shall be noted on the infant’s death certificate when available.
Better collection of information about these hazards could be used to prevent future infant deaths.
INCLUDING SEXUAL HARASSMENT IN THE SCHOOL CODE Public Act 101-630, Senate Bill 1798
Each school district must create, maintain, and implement an age-appropriate policy on sexual harassment that must be posted on the school district’s website and included in the district’s student code of conduct handbook.
HONORING THE SACRIFICE OF FALLEN FIRST RESPONDERS Public Act 101-358, Senate Bill 1894
Children and stepchildren of a police officer or firefighter who has died in the line of duty can now be issued special license plates, expanding the existing law that only offered that ability to the surviving spouse and parents of a fallen police officer or firefighter.
UNDER 18 ID CARD FEE Public Act 101-232, House Bill 808
The fee for original, renewal, and duplicate standard Illinois Identification Cards issued to persons under 18 years of age is reduced from $10 to $5.
