Illinois § 5.3

§ 5.3.

Pediatric sexual assault care. (a) The General Assembly finds: (1) Pediatric sexual assault survivors can suffer from a wide range of health problems across their life span. In addition to immediate health issues, such as sexually transmitted infections, physical injuries, and psychological trauma, child sexual abuse victims are at greater risk for a plethora of adverse psychological and somatic problems into adulthood in contrast to those who were not sexually abused. (2) Sexual abuse against the pediatric population is distinct, particularly due to their dependence on their caregivers and the ability of perpetrators to manipulate and silence them (especially when the perpetrators are family members or other adults trusted by, or with power over, children). Sexual abuse is often hidden by perpetrators, unwitnessed by others, and may leave no obvious physical signs on child victims. (3) Pediatric sexual assault survivors throughout the State should have access to qualified medical providers who have received specialized training regarding the care of pediatric sexual assault survivors within a reasonable distance from their home. (4) There is a need in Illinois to increase the number of qualified medical providers available to provide medical forensic services to pediatric sexual assault survivors. (b) If a medically stable pediatric sexual assault survivor presents at a transfer hospital or treatment hospital with approved pediatric transfer that has a plan approved by the Department requesting medical forensic services, then the hospital emergency department staff shall contact an approved pediatric health care facility, if one is designated in the hospital's plan. If the transferring hospital confirms that medical forensic services can be initiated within 90 minutes of the patient's arrival at the approved pediatric health care facility following an immediate transfer, then the hospital emergency department staff shall notify the patient and non-offending parent or legal guardian that the patient will be transferred for medical forensic services and shall provide the patient and non-offending parent or legal guardian the option of being transferred to the approved pediatric health care facility or the treatment hospital designated in the hospital's plan. The pediatric sexual assault survivor may be transported by ambulance, law enforcement, or personal vehicle. If medical forensic services cannot be initiated within 90 minutes of the patient's arrival at the approved pediatric health care facility, there is no approved pediatric health care facility designated in the hospital's plan, or the patient or non-offending parent or legal guardian chooses to be transferred to a treatment hospital, the hospital emergency department staff shall contact a treatment hospital designated in the hospital's plan to arrange for the transfer of the patient to the treatment hospital for medical forensic services, which are to be initiated within 90 minutes of the patient's arrival at the treatment hospital. The treatment hospital shall provide medical forensic services and may not transfer the patient to another facility. The pediatric sexual assault survivor may be transported by ambulance, law enforcement, or personal vehicle. (c) If a medically stable pediatric sexual assault survivor presents at a treatment hospital that has a plan approved by the Department requesting medical forensic services, then the hospital emergency department staff shall contact an approved pediatric health care facility, if one is designated in the treatment hospital's areawide treatment plan. If medical forensic services can be initiated within 90 minutes after the patient's arrival at the approved pediatric health care facility following an immediate transfer, the hospital emergency department staff shall provide the patient and non-offending parent or legal guardian the option of having medical forensic services performed at the treatment hospital or at the approved pediatric health care facility. If the patient or non-offending parent or legal guardian chooses to be transferred, the pediatric sexual assault survivor may be transported by ambulance, law enforcement, or personal vehicle. If medical forensic services cannot be initiated within 90 minutes after the patient's arrival to the approved pediatric health care facility, there is no approved pediatric health care facility designated in the hospital's plan, or the patient or non-offending parent or legal guardian chooses not to be transferred, the hospital shall provide medical forensic services to the patient. (d) If a pediatric sexual assault survivor presents at an approved pediatric health care facility requesting medical forensic services or the facility is contacted by law enforcement or the Department of Children and Family Services requesting medical forensic services for a pediatric sexual assault survivor, the services shall be provided at the facility if the medical forensic services can be initiated within 90 minutes after the patient's arrival at the facility. If medical forensic services cannot be initiated within 90 minutes after the patient's arrival at the facility, then the patient shall be transferred to a treatment hospital designated in the approved pediatric health care facility's plan for medical forensic services. The pediatric sexual assault survivor may be transported by ambulance, law enforcement, or personal vehicle. (e) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) (Text of Section after amendment by P.A. 104-386) Sec. 5.3. Pediatric sexual assault care. (a) The General Assembly finds: (1) Pediatric sexual assault survivors can suffer from a wide range of health problems across their life span. In addition to immediate health issues, such as sexually transmitted infections, physical injuries, and psychological trauma, child sexual abuse victims are at greater risk for a plethora of adverse psychological and somatic problems into adulthood in contrast to those who were not sexually abused. (2) Sexual abuse against the pediatric population is distinct, particularly due to their dependence on their caregivers and the ability of perpetrators to manipulate and silence them (especially when the perpetrators are family members or other adults trusted by, or with power over, children). Sexual abuse is often hidden by perpetrators, unwitnessed by others, and may leave no obvious physical signs on child victims. (3) Pediatric sexual assault survivors throughout the State should have access to qualified medical providers who have received specialized training regarding the care of pediatric sexual assault survivors within a reasonable distance from their home. (4) There is a need in Illinois to increase the number of qualified medical providers available to provide medical forensic examinations to pediatric sexual assault survivors. (b) If a medically stable pediatric acute sexual assault survivor presents at a transfer hospital or treatment hospital with approved pediatric transfer that has a plan approved by the Department requesting a medical forensic examination, then the hospital emergency department staff shall contact an approved pediatric health care facility, if one is designated in the hospital's plan, then the patient and non-offending parent or legal guardian shall be given the option to transfer to the approved pediatric health care facility during posted hours of operation or a treatment hospital. (c) When a qualified medical provider who is qualified to treat pediatric survivors of sexual assault is available, a treatment hospital with approved pediatric transfer may offer medical forensic examinations to pediatric acute sexual assault survivors subject to prior approval from the Department. Prior to granting approval, the Department shall (i) confirm the treatment hospital with approved pediatric transfer is working toward becoming a treatment hospital and (ii) consult with the treatment hospital that receives acute pediatric sexual assault survivors from the treatment hospital with approved pediatric transfer pursuant to the plan approved by the Department. Department approval under this Section is valid for one year and may be renewed. (d) If the patient or non-offending parent or legal guardian chooses to be transferred to an approved pediatric health care facility pursuant to subsection (b) or (c), then the hospital emergency department staff shall contact the approved pediatric health care facility to arrange the transfer. The pediatric sexual assault survivor and non-offending parent or legal guardian may be transported by ambulance, law enforcement, or personal vehicle. A medical forensic examination shall be initiated within 90 minutes of the acute sexual assault survivor's arrival at the approved pediatric health care facility following an immediate transfer during posted hours of operation. (e) If a pediatric acute sexual assault survivor presents at an approved pediatric health care facility or the facility is contacted by law enforcement or the Department of Children and Family Services requesting a medical forensic examination for a pediatric acute sexual assault survivor during posted hours of operation, then the medical forensic examination shall be initiated within 90 minutes after the patient's arrival at the facility. (f) This Section is effective on and after January 1, 2024. (Source: P.A. 104-386, eff. 1-1-26.)