Penalties for Failure to Report and False Reporting of Child Abuse and Neglect - Illinois

Date: February 2019

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).

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.