Mandated Reporting
Some state laws that may mandate you to report behaviors you have seen, heard, or learned about from others. You may already be aware of these laws, and they may influence your decision making and actions.
The Mental Health and Developmental Disabilities Code in Illinois requires that some frontline practitioners make reports within 24 hours when a person has been determined to present a clear and present danger. This law requires Illinois school administrators or their designees to report to the Illinois State Police within 24 hours when a determination has been made that a student poses a clear and present danger to themself or to others.
This law also requires that physicians, clinical psychologists, or qualified examiners notify the Department of Human Services and a law enforcement official within 24 hours of making the determination that an individual poses a clear and present danger through the Illinois Firearm Owners Identification (FOID) Mental Health Reporting System.
The law also protects individuals and their employer from criminal, civil, or professional liability.
The relevant portion of the Mental Health and Developmental Disabilities Code is quoted below:
405 ILCS 5/6-103.3 of the Mental Health and Developmental Disabilities Code.
Sec. 6-103.3. Clear and present danger; notice. If a person is determined to pose a clear and present danger to himself, herself, or to others by a physician, clinical psychologist, or qualified examiner, whether employed by the State, by any public or private mental health facility or part thereof, or by a law enforcement official or a school administrator, then the physician, clinical psychologist, qualified examiner shall notify the Department of Human Services and a law enforcement official or school administrator shall notify the Illinois State Police, within 24 hours of making the determination that the person poses a clear and present danger. The Department of Human Services shall immediately update its records and information relating to mental health and developmental disabilities, and if appropriate, shall notify the Illinois State Police in a form and manner prescribed by the Illinois State Police. Information disclosed under this Section shall remain privileged and confidential, and shall not be redisclosed, except as required under subsection (e) of Section 3.1 of the Firearm Owners Identification Card Act, nor used for any other purpose. The method of providing this information shall guarantee that the information is not released beyond that which is necessary for the purpose of this Section and shall be provided by rule by the Department of Human Services. The identity of the person reporting under this Section shall not be disclosed to the subject of the report. The physician, clinical psychologist, qualified examiner, law enforcement official, or school administrator making the determination and his or her employer shall not be held criminally, civilly, or professionally liable for making or not making the notification required under this Section, except for willful or wanton misconduct. This Section does not apply to a law enforcement official, if making the notification under this Section will interfere with an ongoing or pending criminal investigation.
In Illinois, a person is determined to present a clear and present danger when that person:
430 ILCS 65/1.1 of the Firearm Owners Identification Card Act.
(1) communicates a serious threat of physical violence against a reasonably identifiable victim or poses a clear and imminent risk of serious physical injury to himself, herself, or another person as determined by a physician, clinical psychologist, or qualified examiner; or(2) demonstrates threatening physical or verbal behavior, such as violent, suicidal, or assaultive threats, actions, or other behavior, as determined by a physician, clinical psychologist, qualified examiner, school administrator, or law enforcement official.
Illinois law protects physicians, clinical psychologists, or qualified examiners from being sued civilly if they decide to disclose confidential information when there has been a specific threat of violence to an identified person. This includes disclosing this confidential information to the potential victim to ensure their safety. Specifically, that law states:
720 ILCS 110/11 of the Mental Health and Developmental Disabilities Confidentiality Act.
Disclosure of records and communications. Records and communications may be disclosed:
(i) in accordance with the provisions of the Abused and Neglected Child Reporting Act, subsection (u) of Section 5 of the Children and Family Services Act, or Section 7.4 of the Child Care Act of 1969;
(ii) when, and to the extent, a therapist, in his or her sole discretion, determines that disclosure is necessary to initiate or continue civil commitment or involuntary treatment proceedings under the laws of this State or to otherwise protect the recipient or other person against a clear, imminent risk of serious physical or mental injury or disease or death being inflicted upon the recipient or by the recipient on himself or another;
It is also possible that you will become aware of behaviors that would be considered child abuse and neglect or suspected abuse of the elderly or people with disabilities. It is important to remember that Illinois has laws that govern mandated reporting of these behaviors. A wide range of frontline practitioners are considered mandated reporters for child abuse and neglect as mandated by the Abused and Neglected Child Reporting Act. For more information, see the Illinois Department of Child and Family Services’ Manual for Mandated Reporters. A similar wide range of practitioners are mandated to make reports of suspected abuse of adults age 60 or older or people with disabilities age 18-59 who are unable, due to dysfunction, to report for themselves under the Adult Protective Services Act. For more information about those requirements, see the Illinois Department on Aging website.
It’s important that you follow these laws. Your employer may also have additional requirements and policies beyond those indicated here that you should review.