Public Act 90-0239 of the 90th General Assembly
Public Act 90-0239
HB1426 Enrolled LRB9002518SMpk
AN ACT regarding abused and neglected children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Child Death Review Team Act is amended by
changing Sections 10 and 20 as follows:
(20 ILCS 515/10)
Sec. 10. Definitions. As used in this Act, unless the
context requires otherwise:
"Child" means any person under the age of 18 years unless
legally emancipated by reason of marriage or entry into a
branch of the United States armed services.
"Department" means the Department of Children and Family
Services.
"Director" means the Director of Children and Family
Services.
(Source: P.A. 88-614, eff. 9-7-94.)
(20 ILCS 515/20)
Sec. 20. Reviews of child deaths.
(a) Every child death shall be reviewed by the team in
the subregion which has primary case management
responsibility. The deceased child must be one of the
following A child death review team shall review every death
of a child that occurs in the subregion served by that team
in which the deceased child was any of the following:
(1) A ward of the Department.
(2) The subject of an open service case maintained
by the Department.
(3) The subject of a pending child abuse or neglect
investigation.
(4) A child who was the subject of an abuse or
neglect investigation at any time during the 12 months
preceding the child's death.
A child death review team may, at its discretion, review
other sudden, unexpected, or unexplained child deaths.
(b) A child death review team's purpose in conducting
reviews of child deaths is to do the following:
(1) Assist in determining the cause and manner of
the child's death, when requested.
(2) Evaluate means by which the death might have
been prevented.
(3) Report its findings to appropriate agencies and
make recommendations that may help to reduce the number
of child deaths caused by abuse or neglect.
(4) Promote continuing education for professionals
involved in investigating, treating, and preventing child
abuse and neglect as a means of preventing child deaths
due to abuse or neglect.
(5) Make specific recommendations to the Director
and the Inspector General of the Department concerning
the prevention of child deaths due to abuse or neglect
and the establishment of protocols for investigating
child deaths.
(c) A child death review team shall review a child death
as soon as practical and not later than 90 days following the
completion by the Department of the investigation of the
death under the Abused and Neglected Child Reporting Act.
When there has been no investigation by the Department, the
child death review team shall review a child's death within
90 days after obtaining the information necessary to complete
the review from the coroner, pathologist, medical examiner,
or law enforcement agency, depending on the nature of the
case the child's death. A child death review team shall meet
at least once in each calendar quarter.
(d) The Director shall, within 90 days, review and reply
to recommendations made by a team under item (5) of
subsection (b). The Director shall implement recommendations
as feasible and appropriate and shall respond in writing to
explain the implementation or nonimplementation of the
recommendations.
(Source: P.A. 88-614, eff. 9-7-94.)
Section 10. The Abused and Neglected Child Reporting Act
is amended by changing Sections 3 and 7.21 as follows:
(325 ILCS 5/3) (from Ch. 23, par. 2053)
Sec. 3. As used in this Act unless the context otherwise
requires:
"Child" means any person under the age of 18 years,
unless legally emancipated by reason of marriage or entry
into a branch of the United States armed services.
"Department" means Department of Children and Family
Services.
"Local law enforcement agency" means the police of a
city, town, village or other incorporated area or the sheriff
of an unincorporated area or any sworn officer of the
Illinois Department of State Police.
"Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's
welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:
a. inflicts, causes to be inflicted, or allows to
be inflicted upon such child physical injury, by other
than accidental means, which causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
b. creates a substantial risk of physical injury to
such child by other than accidental means which would be
likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of
any bodily function;
c. commits or allows to be committed any sex
offense against such child, as such sex offenses are
defined in the Criminal Code of 1961, as amended, and
extending those definitions of sex offenses to include
children under 18 years of age;
d. commits or allows to be committed an act or acts
of torture upon such child; or
e. inflicts excessive corporal punishment.
"Neglected child" means any child who is not receiving
the proper or necessary nourishment or medically indicated
treatment including food or care not provided solely on the
basis of the present or anticipated mental or physical
impairment as determined by a physician acting alone or in
consultation with other physicians or otherwise is not
receiving the proper or necessary support or medical or other
remedial care recognized under State law as necessary for a
child's well-being, or other care necessary for his or her
well-being, including adequate food, clothing and shelter; or
who is abandoned by his or her parents or other person
responsible for the child's welfare without a proper plan of
care; or who is a newborn infant whose blood, or urine, or
meconium contains any amount of a controlled substance as
defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act or a metabolite thereof, with the
exception of a controlled substance or metabolite thereof
whose presence in the newborn infant is the result of medical
treatment administered to the mother or the newborn infant. A
child shall not be considered neglected for the sole reason
that the child's parent or other person responsible for his
or her welfare has left the child in the care of an adult
relative for any period of time. A child shall not be
considered neglected or abused for the sole reason that such
child's parent or other person responsible for his or her
welfare depends upon spiritual means through prayer alone for
the treatment or cure of disease or remedial care as provided
under Section 4 of this Act. A child shall not be considered
neglected or abused solely because the child is not attending
school in accordance with the requirements of Article 26 of
The School Code, as amended.
"Child Protective Service Unit" means certain specialized
State employees of the Department assigned by the Director to
perform the duties and responsibilities as provided under
Section 7.2 of this Act.
"Person responsible for the child's welfare" means the
child's parent; guardian; foster parent; relative caregiver;
any person responsible for the child's welfare in a public or
private residential agency or institution; any person
responsible for the child's welfare within a public or
private profit or not for profit child care facility; or any
other person responsible for the child's welfare at the time
of the alleged abuse or neglect, or any person who came to
know the child through an official capacity or position of
trust, including but not limited to health care
professionals, educational personnel, recreational
supervisors, and volunteers or support personnel in any
setting where children may be subject to abuse or neglect.
"Temporary protective custody" means custody within a
hospital or other medical facility or a place previously
designated for such custody by the Department, subject to
review by the Court, including a licensed foster home, group
home, or other institution; but such place shall not be a
jail or other place for the detention of criminal or juvenile
offenders.
"An unfounded report" means any report made under this
Act for which it is determined after an investigation that no
credible evidence of abuse or neglect exists.
"An indicated report" means a report made under this Act
if an investigation determines that credible evidence of the
alleged abuse or neglect exists.
"An undetermined report" means any report made under this
Act in which it was not possible to initiate or complete an
investigation on the basis of information provided to the
Department.
"Subject of report" means any child reported to the
central register of child abuse and neglect established under
Section 7.7 of this Act and his or her parent, guardian or
other person responsible who is also named in the report.
"Perpetrator" means a person who, as a result of
investigation, has been determined by the Department to have
caused child abuse or neglect.
(Source: P.A. 88-85; 89-21, eff. 7-1-95.)
(325 ILCS 5/7.21)
Sec. 7.21. Multidisciplinary Review Committee.
(a) The Department may establish multidisciplinary
review committees in each region of the State to assure that
mandated reporters have the ability to have a review
conducted on any situation where a child abuse or neglect
report made by them was "unfounded", and they have concerns
about the adequacy of the investigation. These committees
shall draw upon the expertise of the Child Death Review Teams
as necessary and practicable. These committees will serve
under the auspices of the Child Death Review Teams. Each
committee will be composed of the following: a health care
professional, a Department employee, a law enforcement
official, a licensed social worker, and a representative of
the State's attorney's office. In appointing members of a
committee, primary consideration shall be given to a
prospective member's prior experience in dealing with cases
of suspected child abuse or neglect.
(b) Whenever the Department determines that a reported
incident of child abuse or neglect from a mandated reporter
is "unfounded", the mandated reporter may request a review of
the investigation within 10 days of the notification of the
final finding. This review will be conducted by the
committee. The Department shall make available to the
committee all information in the Department's possession
concerning the case. The committee shall make
recommendations to the Department as to the adequacy of the
investigation and of the accuracy of the final finding
determination. These findings shall be forwarded to the
Regional Child Protection Manager.
(c) The Department shall provide complete records of
these investigations to the committee. Records provided to
the committee and recommendation reports generated by the
committee shall not be public record.
(d) The Department shall adopt rules to implement this
Section.
(Source: P.A. 89-269, eff. 1-1-96.)
Section 15. The Juvenile Court Act of 1987 is amended by
changing Section 2-3 as follows:
(705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
Sec. 2-3. Neglected or abused minor.
(1) Those who are neglected include:
(a) any minor under 18 years of age who is not
receiving the proper or necessary support, education as
required by law, or medical or other remedial care
recognized under State law as necessary for a minor's
well-being, or other care necessary for his or her
well-being, including adequate food, clothing and
shelter, or who is abandoned by his or her parents or
other person responsible for the minor's welfare, except
that a minor shall not be considered neglected for the
sole reason that the minor's parent or other person
responsible for the minor's welfare has left the minor in
the care of an adult relative for any period of time; or
(b) any minor under 18 years of age whose
environment is injurious to his or her welfare; or
(c) any newborn infant whose blood, or urine, or
meconium contains any amount of a controlled substance as
defined in subsection (f) of Section 102 of the Illinois
Controlled Substances Act, as now or hereafter amended,
or a metabolite of a controlled substance, with the
exception of controlled substances or metabolites of such
substances, the presence of which in the newborn infant
is the result of medical treatment administered to the
mother or the newborn infant; or
(d) any minor under the age of 14 years whose
parent or other person responsible for the minor's
welfare leaves the minor without supervision for an
unreasonable period of time without regard for the mental
or physical health, safety, or welfare of that minor.
Whether the minor was left without regard for the mental
or physical health, safety, or welfare of that minor or the
period of time was unreasonable shall be determined by
considering the following factors, including but not limited
to:
(1) the age of the minor;
(2) the number of minors left at the location;
(3) special needs of the minor, including whether
the minor is physically or mentally handicapped, or
otherwise in need of ongoing prescribed medical treatment
such as periodic doses of insulin or other medications;
(4) the duration of time in which the minor was
left without supervision;
(5) the condition and location of the place where
the minor was left without supervision;
(6) the time of day or night when the minor was
left without supervision;
(7) the weather conditions, including whether the
minor was left in a location with adequate protection
from the natural elements such as adequate heat or light;
(8) the location of the parent or guardian at the
time the minor was left without supervision, the physical
distance the minor was from the parent or guardian at the
time the minor was without supervision;
(9) whether the minor's movement was restricted, or
the minor was otherwise locked within a room or other
structure;
(10) whether the minor was given a phone number of
a person or location to call in the event of an emergency
and whether the minor was capable of making an emergency
call;
(11) whether there was food and other provision
left for the minor;
(12) whether any of the conduct is attributable to
economic hardship or illness and the parent, guardian or
other person having physical custody or control of the
child made a good faith effort to provide for the health
and safety of the minor;
(13) the age and physical and mental capabilities
of the person or persons who provided supervision for the
minor;
(14) whether the minor was left under the
supervision of another person;
(15) any other factor that would endanger the
health and safety of that particular minor.
(2) Those who are abused include any minor under 18
years of age whose parent or immediate family member, or any
person responsible for the minor's welfare, or any person who
is in the same family or household as the minor, or any
individual residing in the same home as the minor, or a
paramour of the minor's parent:
(i) inflicts, causes to be inflicted, or
allows to be inflicted upon such minor physical
injury, by other than accidental means, which causes
death, disfigurement, impairment of physical or
emotional health, or loss or impairment of any
bodily function;
(ii) creates a substantial risk of physical
injury to such minor by other than accidental means
which would be likely to cause death, disfigurement,
impairment of emotional health, or loss or
impairment of any bodily function;
(iii) commits or allows to be committed any
sex offense against such minor, as such sex offenses
are defined in the Criminal Code of 1961, as
amended, and extending those definitions of sex
offenses to include minors under 18 years of age;
(iv) commits or allows to be committed an act
or acts of torture upon such minor; or
(v) inflicts excessive corporal punishment.
(3) This Section does not apply to a minor who would be
included herein solely for the purpose of qualifying for
financial assistance for himself, his parents, guardian or
custodian.
(Source: P.A. 88-85; 88-479; 88-670, eff. 12-2-94; 89-21,
eff. 7-1-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.