Cross-Reporting Among Agencies That Respond to Child Abuse and Neglect - Illinois

Cross-Reporting Between Child Protective Services and Law Enforcement

Citation: Comp. Stat. Ch. 325, § 5/7

All reports of suspected child abuse or neglect shall be made immediately by telephone to the central registry or in person or by telephone through the nearest office of the Department of Children and Family Services (DCFS).

Reports made to the central register shall be immediately transmitted by DCFS to the appropriate child protective services unit. All reports alleging the death of a child, serious injury to a child, torture of a child, malnutrition of a child, and sexual abuse of a child also shall be immediately transmitted by DCFS to the appropriate local law enforcement agency.

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 immediately shall be referred to the appropriate local law enforcement agency for consideration of criminal investigation or other action.

Other Reporting Requirements

Citation: Comp. Stat. Ch. 325, § 5/4.4b; Admin. Code Tit. 89, §§ 307.20; 307.25; DCFS Pol. Guide # 2020.13

Whenever DCFS receives a report of suspected abuse or neglect of a child and the child's parent or guardian is named in the report as the alleged perpetrator of the child abuse or neglect, DCFS shall make efforts as soon as practicable to determine the military status of the parent or guardian. If DCFS determines that the parent or guardian is a service member, DCFS shall notify the geographically closest Department of Defense family advocacy program within the State that there is an allegation of abuse or neglect against the parent or guardian that is open for investigation. If DCFS determines that a person or guardian is a member of the Illinois National Guard, DCFS also shall notify the Office of the Adjutant General that there is an allegation of abuse or neglect against the parent or guardian that is open for investigation.

In regulation: In order for DCFS to inform any Indian child, any parent of an Indian child, or any Indian custodian of his or her rights under the Indian Child Welfare Act, DCFS shall determine if a child is an Indian child at intake or at any point in the life of the case.

DCFS shall notify the child's parents or Indian custodian and the child's Tribe by registered mail, return receipt requested, within 10 days after determining that an Indian child is the subject of a proceeding under the Juvenile Court Act (705 ILCS 405) or for termination of parental rights. If the identity or location of the parents or Indian custodian and the Tribe cannot be determined, DCFS shall notify the secretary by registered mail, with return receipt requested. The secretary shall have 15 days after receipt to provide the requisite notice to the parents or Indian custodian and the Tribe.

In policy: Child protection workers are required to establish the ancestry of every child taken into protective custody. At the beginning of an investigation, child protection workers will distribute the pamphlet, 'Guide for Parents who are Mexican Nationals,' to all Hispanic subjects of reports. In addition, the Memorandum of Understanding between DCFS and the Consulate General of Mexico requires DCFS to notify the Mexican Consulate in writing within 10 working days of the decision to take protective custody of a Mexican or Mexican American minor or at any time one of the following occurs:

• A child for whom DCFS is legally responsible (including protective custody) is identified as having Mexican ancestry.
• A parent or custodian of a Mexican or Mexican American minor requests that the consulate be notified.
• DCFS learns that a noncustodial parent lives in Mexico.