(55 ILCS 80/1)

(from Ch. 23, par. 1801)

Sec. 1.

Short title.

This Act may be cited as the

Children's Advocacy Center Act.

(Source: P.A. 86‑276.)

(55 ILCS 80/2)

(from Ch. 23, par. 1802)

Sec. 2.

Legislative findings.

The General Assembly finds that the establishment of Children's Advocacy Centers throughout the State of Illinois is desirable to coordinate the investigation, prosecution and treatment referral of child sexual abuse.

Further, the General Assembly finds that the creation of an advisory board is desirable to develop a coordinated protocol for the handling of child sexual abuse cases among various agencies responsible for investigation, prosecution and treatment referral and that such agencies should be encouraged to adopt such a coordinated protocol.

(Source: P.A. 86‑276.)

(55 ILCS 80/3)

(from Ch. 23, par. 1803)

Sec. 3.

Child Advocacy Advisory Board.

(a) Each county in the State of Illinois shall establish a Child Advocacy Advisory Board ("Advisory Board").

Each of the following county officers or State agencies shall designate a representative to serve on the Advisory Board: the sheriff, the Illinois Department of Children and Family Services, the State's attorney and the county mental health department.

The chairman may appoint additional members of the Advisory Board as is deemed necessary to accomplish the purposes of this Act, the additional members to include but not be limited to representatives of local law enforcement agencies.

(b) The Advisory Board shall organize itself and elect from among its members a chairman and such other officers as are deemed necessary. Until a chairman is so elected, the State's attorney shall serve as interim chairman.

(c) The Advisory Board shall adopt, by a majority of the members, a written child sexual abuse protocol within one year after the effective date of this Act. An Advisory Board adopting a protocol after the effective date of this amendatory Act of 1996 shall, prior to finalization, submit its draft to the Illinois Child Advocacy Commission for review and comments. After considering the comments of the Illinois Child Advocacy Commission and upon finalization of its protocol, the Advisory Board shall file the protocol with the Department of Children and Family Services. A copy shall be furnished to the Illinois Child Advocacy Commission and to each agency in the county or counties which has any involvement with the cases of sexually abused children.

The Illinois Child Advocacy Commission shall consist of the Attorney General and the Directors of the Illinois State Police and the Department of Children and Family Services or their designees. Additional members may be appointed to the Illinois Child Advocacy Commission as deemed necessary by the Attorney General and the Directors of the Illinois State Police and the Department of Children and Family Services. The Illinois Child Advocacy Commission may also provide technical assistance and guidance to the Advisory Boards.

(d) The purpose of the protocol shall be to ensure coordination and cooperation among all agencies involved in child sexual abuse cases so as to increase the efficiency and effectiveness of those agencies, to minimize the stress created for the child and his or her family by the investigatory and judicial process, and to ensure that more effective treatment is provided for the child and his or her family.

(e) The protocol shall be a written document outlining in detail the procedures to be used in investigating and prosecuting cases arising from alleged child sexual abuse and in coordinating treatment referrals for the child and his or her family. In preparing the written protocol, the Advisory Board shall consider the following:

(1) An interdisciplinary, coordinated systems

approach to the investigation of child sexual abuse which shall include, at a minimum;

(i) an interagency notification procedure;

(ii) a dispute resolution process between the

involved agencies when a conflict arises on how to proceed with the investigation of a case;

(iii) a policy on interagency decision‑making;

and

(iv) a description of the role each agency has

in the investigation of the case;

(2) A safe, separate space with assigned personnel

designated for the investigation and coordination of child sexual abuse cases;

(3) An interdisciplinary case review process for

purposes of decision‑making, problem solving, systems coordination, and information sharing;

(4) A comprehensive tracking system to receive and

coordinate information concerning child sexual abuse cases from each participating agency;

(5) Interdisciplinary specialized training for all

professionals involved with the victims and families of child sexual abuse cases; and

(6) A process for evaluating the implementation and

effectiveness of the protocol.

(f) The Advisory Board shall evaluate the implementation and effectiveness of the protocol required under subsection (c) of this Section on an annual basis, and shall propose appropriate modifications to the protocol to maximize its effectiveness. A report of the Advisory Board's review, along with proposed modifications, shall be submitted to the Illinois Child Advocacy Commission for its review and comments. After considering the comments of the Illinois Child Advocacy Commission and adopting modifications, the Advisory Board shall file its amended protocol with the Department of Children and Family Services. A copy of the Advisory Board's review and amended protocol shall be furnished to the Illinois Child Advocacy Commission and to each agency in the county or counties having any involvement with the cases covered by the protocol.

(g) The Advisory Board may adopt, by a majority of the members, a written protocol for coordinating serious child physical abuse cases, following the procedures and purposes described in subsections (c), (d), (e), and (f) of this Section. The protocol shall be a written document outlining in detail the procedures that will be used by all of the agencies involved in investigating and prosecuting cases arising from alleged serious child physical abuse and in coordinating treatment referrals for the child and his or her family.

(Source: P.A. 89‑543, eff. 1‑1‑97.)

(55 ILCS 80/4)

(from Ch. 23, par. 1804)

Sec. 4.

Children's Advocacy Center.

(a) A Children's Advocacy Center ("Center") may be established to coordinate the activities of the various agencies involved in the investigation, prosecution and treatment referral of child sexual abuse. The Advisory Board shall serve as the governing board for the Center. The operation of the Center may be funded through grants, contracts, or any other available sources. In counties in which a referendum has been adopted under Section 5 of this Act, the Advisory Board, by the majority vote of its members, shall submit a proposed annual budget for the operation of the Center to the county board, which shall appropriate funds and levy a tax sufficient to operate the Center. The county board in each county in which a referendum has been adopted shall establish a Children's Advocacy Center Fund and shall deposit the net proceeds of the tax authorized by Section 6 of this Act in that Fund, which shall be kept separate from all other county funds and shall only be used for the purposes of this Act.

(b) The Advisory Board shall pay from the Children's Advocacy Center Fund or from other available funds the salaries of all employees of the Center and the expenses of acquiring a physical plant for the Center by construction or lease and maintaining the Center, including the expenses of administering the coordination of the investigation, prosecution and treatment referral of child sexual abuse under the provisions of the protocol adopted pursuant to this Act.

(c) Every Center shall include at least the following components:

(1) An interdisciplinary, coordinated systems

approach to the investigation of child sexual abuse which shall include, at a minimum;

(i) an interagency notification procedure;

(ii) a dispute resolution process between the

involved agencies when a conflict arises on how to proceed with the investigation of a case;

(iii) a policy on interagency decision‑making;

and

(iv) a description of the role each agency has

in the investigation of the case;

(2) A safe, separate space with assigned personnel

designated for the investigation and coordination of child sexual abuse cases;

(3) An interdisciplinary case review process for

purposes of decision‑making, problem solving, systems coordination, and information sharing;

(4) A comprehensive tracking system to receive and

coordinate information concerning child sexual abuse cases from each participating agency;

(5) Interdisciplinary specialized training for all

professionals involved with the victims and families of child sexual abuse cases; and

(6) A process for evaluating the effectiveness of

the Center and its operations.

(d) In the event that a Center has been established as provided in this Section, the Advisory Board of that Center may, by a majority of the members, authorize the Center to coordinate the activities of the various agencies involved in the investigation, prosecution, and treatment referral of serious child physical abuse cases. The Advisory Board shall provide for the financial support of these activities in a manner similar to that set out in subsections (a) and (b) of this Section and shall be allowed to submit a budget that includes support for physical abuse and neglect activities to the County Board, which shall appropriate funds that may be available under Section 5 of this Act.

(e) The Illinois Child Advocacy Commission may also provide technical assistance and guidance to the Advisory Boards and shall make a single annual grant for the purpose of providing technical support and assistance for advocacy center development in Illinois whenever an appropriation is made by the General Assembly specifically for that purpose. The grant may be made only to an Illinois not‑for‑profit corporation that qualifies for tax treatment under Section 501(c)(3) of the Internal Revenue Code and that has a voting membership consisting of children's advocacy centers. The grant may be spent on staff, office space, equipment, and other expenses necessary for the development of resource materials and other forms of technical support and assistance. The grantee shall report to the Commission on the specific uses of grant funds by no later than October 1 of each year and shall retain supporting documentation for a period of at least 5 years after the corresponding report is filed.

(Source: P.A. 91‑158, eff. 7‑16‑99; 92‑785, eff. 8‑6‑02.)

(55 ILCS 80/5)

(from Ch. 23, par. 1805)

Sec. 5.

Referendum.

(a) Whenever a petition signed by 1% of the electors who voted in the last general election in any county is presented to the county board requesting the submission of the proposition whether an annual tax of not to exceed .004% of the value, as equalized or assessed by the Department of Revenue, of all taxable property in the county shall be levied for the purpose of establishing and maintaining a Children's Advocacy Center, the county board shall adopt a resolution for the submission of the proposition to the electors at the next regular election held in the county in accordance with the general election law.

(b) Upon the adoption and certification of the resolution, the proposition shall be submitted at the next regular election held in the county. The proposition shall be in substantially the following form:

"Shall an annual tax of not more than .......

per cent be levied on the value of all taxable property in ............ County (this tax will amount to an annual increase of approximately ..... on a home with a market value of $100,000) for the purpose of establishing and maintaining a Children's Advocacy Center to coordinate the investigation, prosecution, and treatment referral of child sexual abuse in ..... County?".

The election authority must record the votes as "Yes" or "No".

(c) If a majority of the electors of the county voting on the proposition vote in favor thereof, the proposition shall be deemed adopted.

(d) The adoption of a referendum is not required to establish a Children's Advocacy Center if the Center may be or is operated with funds other than the proceeds of the annual tax that is authorized by referendum.

(Source: P.A. 92‑785, eff. 8‑6‑02; 93‑203, eff. 7‑14‑03.)

(55 ILCS 80/6)

(from Ch. 23, par. 1806)

Sec. 6.

Tax.

(a) Upon the adoption of the proposition by the electors pursuant to Section 5, each affected county board shall cause an annual tax of not to exceed .004% of the value, as equalized or assessed by the Department of Revenue, of all taxable property of the county to be levied upon all the taxable property in the county for the purpose of establishing and maintaining a Children's Advocacy Center. The tax shall be in addition to all other taxes authorized by law to be levied and collected in the county and shall be in addition to the maximum of taxes authorized by law for county purposes. The foregoing limitations upon tax rates may be increased or decreased according to the referendum provisions of the General Revenue Law of Illinois.

(b) The proceeds of the tax authorized by this Section shall be paid into the county treasury and deposited in a fund to be known as the Children's Advocacy Center Fund. The Fund may be used by the county board or boards for the establishment, operation and maintenance of a Children's Advocacy Center. Expenditures from the Fund shall be made in the same manner and subject to the same requirements as other county expenditures.

(Source: P.A. 86‑276.)

(55 ILCS 80/7.1)

Sec. 7.1.

The changes made by this amendatory Act of the 92nd General Assembly are intended to be declarations of existing law and are not intended to be a new enactment.

(Source: P.A. 92‑785, eff. 8‑6‑02.)

(55 ILCS 80/7)

(from Ch. 23, par. 1807)

Sec. 7.

Discontinuance.

(a) Upon a petition signed by 1% of the electors who voted in the last general election in a county which has levied and collected a tax for Children's Advocacy Center purposes under this Act being presented to the county board, requesting that the tax for Children's Advocacy Center purposes be discontinued, the county board shall adopt a resolution providing for the submission of the proposition to the electors of the county in the same manner as provided for the submission of the proposition for the levy of the tax.

(b) Upon the adoption and certification of the resolution, the proposition shall be submitted at the next regular election held in the county. The proposition shall be in substantially the following form: "Shall the tax for the purpose of establishing and maintaining a Children's Advocacy Center be discontinued?"

(c) If a majority of the electors of the county voting upon the proposition vote in favor thereof, the proposition shall be deemed adopted, and the tax shall no longer be levied or collected in the county. Any monies remaining in the Children's Advocacy Center Fund in the county shall be used to pay the expenses of the Center, including expenses of winding up its operations if it is discontinued by the Advisory Board. In that case, after all expenses of the Center have been paid, any remaining monies in the Fund shall be paid into the general fund for county purposes in the county treasury.

(Source: P.A. 92‑785, eff. 8‑6‑02.)