ILLINOIS
MANDATORY REPORTING LAWS
MANDATORY REPORTING LAWS
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Professionals required to report
“Citation: Comp. Stat. Ch. 325, § 5/4; Ch. 720, § 5/11-20.2
The following persons are required to report:
• Physicians, residents, interns, hospital administrators and personnel, surgeons, dentists, dental hygienists, osteopaths,
chiropractors, podiatric physicians, physician assistants, or substance abuse treatment personnel
• Funeral home directors or employees, coroners, or medical examiners
• Emergency medical technicians, acupuncturists, or crisis line or hotline personnel
• School personnel, including administrators and employees, educational advocates, or truant officers
• Personnel of institutions of higher education
• Members of a school board or the Chicago Board of Education
• Members of the governing body of a private school
• Social workers, social services administrators, or domestic violence program personnel
• Nurses, genetic counselors, respiratory care practitioners, advanced practice nurses, or home health aides
• Directors or staff assistants of nursery schools or child care centers
• Recreational or athletic program or facility personnel
• Early intervention providers, as defined in the Early Intervention Services System Act
• Law enforcement officers or probation officers
• Licensed professional counselors, psychologists, psychiatrists, or their assistants
• Field personnel of the Departments of Healthcare and Family Services, Juvenile Justice, Public Health, Human Services,
Corrections, Human Rights, or Children and Family Services
• Supervisors and administrators of general assistance under the Illinois Public Aid Code
• Animal control officers or Department of Agriculture Bureau of Animal Health and Welfare field investigators
• Foster parents, homemakers, or child care workers
• Members of the clergy
• Commercial film and photographic print processors or computer technicians”
Other persons required to report
“Citation: Comp. Stat. Ch. 325, § 5/4
Any other person who has reasonable cause to believe that a child is abused or neglected may report.”
Institutional responsibility to report
“Citation: Comp. Stat. Ch. 325, § 5/4
Whenever such person is required to report in his or her capacity as a member of the staff of a medical or other public or private
institution, school, facility, or agency, or as a member of the clergy, he or she shall make a report immediately to the Department
of Children and Family Services and also may notify the person in charge of such institution, school, facility, or agency; or church,
synagogue, temple, mosque, or other religious institution; or his or her designated agent that a report has been made. 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 or her designated agent to whom such notification has been made exercise any control, restraint,
modification, or other change in the report or the forwarding of the report to the department.”
WHAT ARE THEY REQUIRED TO REPORT
“Citation: Comp. Stat. Ch. 325, § 5/4; Ch. 720, § 5/11-20.2
A report is required when any of the following apply:
• A reporter has reasonable cause to believe that a child known to him or her in his or her professional capacity may be abused or neglected.
• A physician, physician’s assistant, registered nurse, licensed practical nurse, medical technician, certified nursing assistant, social worker, or licensed professional counselor of any office, clinic, or any other physical location that provides abortions,
abortion referrals, or contraceptives has reasonable cause to believe a child known to him or her in his or her professional or official capacity may be an abused child or a neglected child.
• Commercial film and photographic print processors or computer technicians have knowledge of or observe any film, photograph, videotape, negative, slide, computer hard drive, or any other magnetic or optical media that depicts a child engaged in any actual or simulated sexual conduct.”
PENALTIES FOR FAILING TO REPORT
“Failure to Report
Citation: Comp. Stat. Ch. 325, §§ 5/4.02; 5/4
Any physician who willfully fails to report suspected child abuse or neglect shall be referred to the Illinois State Medical Disciplinary
Board for action in accordance with the Medical Practice Act of 1987. Any dentist or dental hygienist who willfully fails to report
suspected child abuse or neglect shall be referred to the Department of Professional Regulation for action in accordance with the Illinois Dental Practice Act.
Any mandatory reporter who willfully fails to report suspected child abuse or neglect shall be guilty of a Class A misdemeanor for a first violation and a class 4 felony for a second or subsequent violation.
Any person who knowingly and willfully violates any provision of this section is guilty of a class A misdemeanor for a first violation and a class 4 felony for a second or subsequent violation.
If the person acted as part of a plan or scheme with the object of preventing discovery of an abused or neglected child by lawful
authorities for the purpose of protecting or insulating any person or entity from arrest or prosecution, the person is guilty of a class 4 felony for a first offense and a class 3 felony for a second or subsequent offense (regardless of whether the second or subsequent offense involves any of the same facts or persons as the first or other prior offense).”
PENALTIES FOR FALSE REPORTING
“False Reporting
Citation: Comp. Stat. Ch. 325, § 5/4
Any person who knowingly transmits a false report to the department commits the offense of disorderly conduct under Ch. 720, §5/26.1(a)(7). A violation of this provision is a class 4 felony.”
PRIVILEGED COMMUNICATIONS
“Citation: Comp. Stat. Ch. 325, § 5/4; Ch. 735, § 5/8-803
The privileged quality of communication between any professional person required to report and his or her patient or client shall not
apply to situations involving abused or neglected children and shall not constitute grounds for failure to report.
A member of the clergy shall not be compelled to disclose a confession or admission made to him or her as part of the discipline of the religion.
The reporting requirements shall not apply to the contents of a privileged communication between an attorney and his or her client or to confidential information within the meaning of rule 1.6 of the Illinois Rules of Professional Conduct relating to the legal representation of an individual client.”
REPORTER’S IDENTITY
“Inclusion of Reporter’s Name in Report
Citation: Comp. Stat. Ch. 325, § 5/7.9
The report shall include the name, occupation, and contact information of the person making the report.
Disclosure of Reporter Identity
Citation: Comp. Stat. Ch. 325, § 5/11.1a
Any disclosure of information shall not identify the person making the report.”