Article archive / July 1, 2012
Originally published: . Volume 3, No. 11. Source pages: 4.
Act 268 Strengthens Child Abuse Reporting (HB 577) Act No. 268
According to the legislative digest, this new law provides for the following:
“(1) Amends prior law to provide that a mandatory reporter shall be fined not more than $500, imprisoned for not more than six months, or both, for the knowing and willful failure to report the abuse or neglect of a child.
(2) Provides that a mandatory reporter who knowingly and willfully fails to report the sexual abuse of a child, or the abuse or neglect of a child which results in serious bodily injury, neurological impairment, or death of a child, shall be fined not more than $3,000, imprisoned for not more than three years, or both. New law defines "serious bodily injury".
(3) Provides that any person who is 18 years of age or older and who witnesses the sexual abuse of a child and knowingly or willfully fails to report the abuse to law enforcement or DCFS shall be fined not more than $10,000, imprisoned for not more than five years, or both. New law defines "sexual abuse".
(4) Removes the provision which requires an individual in the list of "mandatory reporters" to be "performing their occupational duties" in order to be considered a "mandatory reporter".
(5) Expands the definition of "teaching or child care provider" to include any person who assists in the teaching, training, and supervision of a child, bus drivers, coaches, professors, technical or vocational instructors, technical or vocational school staff members, college or university administrators, college or university staff members, or any person who provides teaching or child care services in a voluntary capacity.
(6) Adds "organizational or youth activity provider" to the list of "mandatory reporters".
Prior law required reports of child abuse or neglect to be made to the local child protection unit of DCFS.
New law amends prior law and requires the reporting of child abuse or neglect to be made to DCFS through the designated state child protection reporting hotline telephone number.
(15) "Mandatory reporter" is any of the following individuals performing their occupational duties:
*** (d) "Teaching or child care provider" is any person who provides or assists in the teaching, training, and supervision of a child, including any public or private teacher, teacher's aide, instructional aide, school principal, school staff member, bus driver, coach, professor, technical or vocational instructor, technical or vocational school staff member, college or university administrator, college or university staff member, social worker, probation officer, foster home parent, group home or other child care institutional staff member, personnel of residential home facilities, a licensed or unlicensed day care provider, or any individual who provides such services to a child in a voluntary or professional capacity.”
This Act became effective when the governor signed it.
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