(725 ILCS 115/3.5) (Text of Section before amendment by P.A. 104-832) Sec. 3.5. Right to forensic interview with children's advocacy center. Every child reported to the Department of Children and Family Services or law enforcement to be a victim of sexual assault or sexual abuse whose case is accepted by either agency for investigation has the right to have that child's forensic interview conducted by a forensic interviewer from a children's advocacy center accredited according to the Children's Advocacy Center Act and serving the child's area or jurisdiction where the incident(s) occurred, when such service is accessible based on the CAC's available resources. This right may be asserted by the child or the child's parent or guardian informing the investigating personnel at the Department of Children and Family Services or the law enforcement agency that the parent or guardian wants the child to have the child's interview conducted by the children's advocacy center. Each local CAC protocol will outline a process to address situations in which it is deemed not possible for a forensic interview to occur, to ensure a trauma-informed response with follow up services from the CAC.
(Source: P.A. 102-477, eff. 1-1-22.) (Text of Section after amendment by P.A. 104-832) Sec. 3.5. Right to forensic interview with children's advocacy center. (a) In this Section: "Child" means a person under 18 years of age. "Youth" means a person between the ages of 18 and 24 years. (b) Every child reported to the Department of Children and Family Services or law enforcement to be a victim of sexual assault or sexual abuse, trafficking in persons, involuntary servitude, and related offenses, whose case is accepted by either agency for investigation has the right to have that child's forensic interview conducted by a forensic interviewer from a children's advocacy center accredited according to the Children's Advocacy Center Act and serving the child's area or jurisdiction where the incident(s) occurred, when such service is accessible based on the CAC's available resources. The agency with statutory investigative authority shall notify the child, in a manner that is developmentally appropriate and consistent with the child's capacity to understand, of the child's right to receive a forensic interview through a CAC. This right may be asserted by the child or, when appropriate based on the child's developmental capacity, by the child's parent or guardian with the child's assent. The agency may also notify the child's parent or guardian of this right, unless the agency determines that the notification would conflict with the child's expressed wishes, would be inconsistent with the child's developmental capacity, or would deter the child from participating in the investigation. If the agency with statutory investigating authority is a law enforcement agency, then the law enforcement agency shall not notify the parent or guardian of a child 13 years of age or older, unless the law enforcement agency confirms that the notification would not conflict with the child's expressed wishes. The child may request the presence of a support person when notice is given under this Section. Each local CAC protocol will outline a process to address situations in which it is deemed not possible for a forensic interview to occur, to ensure a trauma-informed response with follow up services from the CAC. (Source: P.A. 104-832, eff. 1-1-27.)