DCFS Receives More Reports of Child Abuse and Neglect During School Year

 Posted on September 29, 2014 in Family Law

According to a spokeswoman at the Illinois Department of Children and Family Services (DCFS), more child abuse incidents are reported to the department when school resumes every fall. That is because teachers are mandated reporters under state law, and they must report evidence of child abuse or neglect to DCFS. Other mandated reporters include:

• Any medical personnel who cared for or treated the child, such as a physician, nurse, physician assistant, dentist or dental hygienist;
•  School personnel (in addition to teachers), such as an administrator, education advocate or a school board member;
• Other licensed professionals, such as a social worker, counselor, psychologist or psychiatrist;
• Law enforcement officials, including probation officers;
• Foster parents, homemakers or other child care workers; and
• Members of the clergy.

The test is whether the person had reasonable cause to believe that a child he or she knew in a professional or official capacity might be an abused or neglected child. Privileged communications is not a defense to a failure to report. For example, if you are a child’s doctor and you notice evidence of child abuse but fail to report that evidence to DCFS, you cannot claim that doctor-patient privilege prevented you from reporting that information. You must report it, regardless of the circumstances.

An “Abused” or “Neglected” Child

The law distinguishes between an “abused” child and a “neglected” child (although both must be reported to DCFS by the people listed above). A child is “abused” if a family member, caretaker, parent’s paramour or any person living in the same household:

• Harms or allows any actions that cause death, disfigurement, impairment of physical or emotional health or lost or impairment of any bodily function;
• Tortures the child, or allows the child to be tortured;
• Corporally punishes the child;
• Genitally mutilates the female child; or
• Sells or distributes a controlled substance to a child under 18.

A child is “neglected” if he or she:

• Does not receive the proper nourishment or necessary medical treatment;
• Does not receive other care that is necessary for his or her well-being, including clothing and shelter; or
• Is a newborn infant whose blood, urine or meconium contains any amount of a controlled substance.

Note that the law does not consider a child to be abused or neglected if:

• The child has been relinquished in accordance with the Abandoned Newborn Infant Protection Act, and is a newborn;
• The presence of a controlled substance in a child or newborn is due to medical treatment;
• The child has been placed in the care of an adult relative;
• The child’s parent treats disease through prayer and spiritual means; or
• The child does not attend school as required by the Illinois law.

If you have questions about your duty to report child abuse or neglect, or if you are dealing with child abuse or neglect in your family, contact one of our experienced Kane County family law attorneys today. We can assist those in the St. Charles area.