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91_HB3073enr
HB3073 Enrolled LRB9110560RCpk
1 AN ACT in relation to children.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Abused and Neglected Child Reporting Act
5 is amended by changing Section 3 as follows:
6 (325 ILCS 5/3) (from Ch. 23, par. 2053)
7 Sec. 3. As used in this Act unless the context otherwise
8 requires:
9 "Child" means any person under the age of 18 years,
10 unless legally emancipated by reason of marriage or entry
11 into a branch of the United States armed services.
12 "Department" means Department of Children and Family
13 Services.
14 "Local law enforcement agency" means the police of a
15 city, town, village or other incorporated area or the sheriff
16 of an unincorporated area or any sworn officer of the
17 Illinois Department of State Police.
18 "Abused child" means a child whose parent or immediate
19 family member, or any person responsible for the child's
20 welfare, or any individual residing in the same home as the
21 child, or a paramour of the child's parent:
22 a. inflicts, causes to be inflicted, or allows to
23 be inflicted upon such child physical injury, by other
24 than accidental means, which causes death, disfigurement,
25 impairment of physical or emotional health, or loss or
26 impairment of any bodily function;
27 b. creates a substantial risk of physical injury to
28 such child by other than accidental means which would be
29 likely to cause death, disfigurement, impairment of
30 physical or emotional health, or loss or impairment of
31 any bodily function;
HB3073 Enrolled -2- LRB9110560RCpk
1 c. commits or allows to be committed any sex
2 offense against such child, as such sex offenses are
3 defined in the Criminal Code of 1961, as amended, and
4 extending those definitions of sex offenses to include
5 children under 18 years of age;
6 d. commits or allows to be committed an act or acts
7 of torture upon such child;
8 e. inflicts excessive corporal punishment; or
9 f. commits or allows to be committed the offense of
10 female genital mutilation, as defined in Section 12-34 of
11 the Criminal Code of 1961, against the child; or.
12 g. causes to be sold, transferred, distributed, or
13 given to such child under 18 years of age, a controlled
14 substance as defined in Section 102 of the Illinois
15 Controlled Substances Act in violation of Article IV of
16 the Illinois Controlled Substances Act, except for
17 controlled substances that are prescribed in accordance
18 with Article III of the Illinois Controlled Substances
19 Act and are dispensed to such child in a manner that
20 substantially complies with the prescription.
21 "Neglected child" means any child who is not receiving
22 the proper or necessary nourishment or medically indicated
23 treatment including food or care not provided solely on the
24 basis of the present or anticipated mental or physical
25 impairment as determined by a physician acting alone or in
26 consultation with other physicians or otherwise is not
27 receiving the proper or necessary support or medical or other
28 remedial care recognized under State law as necessary for a
29 child's well-being, or other care necessary for his or her
30 well-being, including adequate food, clothing and shelter; or
31 who is abandoned by his or her parents or other person
32 responsible for the child's welfare without a proper plan of
33 care; or who is a newborn infant whose blood, urine, or
34 meconium contains any amount of a controlled substance as
HB3073 Enrolled -3- LRB9110560RCpk
1 defined in subsection (f) of Section 102 of the Illinois
2 Controlled Substances Act or a metabolite thereof, with the
3 exception of a controlled substance or metabolite thereof
4 whose presence in the newborn infant is the result of medical
5 treatment administered to the mother or the newborn infant. A
6 child shall not be considered neglected for the sole reason
7 that the child's parent or other person responsible for his
8 or her welfare has left the child in the care of an adult
9 relative for any period of time. A child shall not be
10 considered neglected or abused for the sole reason that such
11 child's parent or other person responsible for his or her
12 welfare depends upon spiritual means through prayer alone for
13 the treatment or cure of disease or remedial care as provided
14 under Section 4 of this Act. A child shall not be considered
15 neglected or abused solely because the child is not attending
16 school in accordance with the requirements of Article 26 of
17 The School Code, as amended.
18 "Child Protective Service Unit" means certain specialized
19 State employees of the Department assigned by the Director to
20 perform the duties and responsibilities as provided under
21 Section 7.2 of this Act.
22 "Person responsible for the child's welfare" means the
23 child's parent; guardian; foster parent; relative caregiver;
24 any person responsible for the child's welfare in a public or
25 private residential agency or institution; any person
26 responsible for the child's welfare within a public or
27 private profit or not for profit child care facility; or any
28 other person responsible for the child's welfare at the time
29 of the alleged abuse or neglect, or any person who came to
30 know the child through an official capacity or position of
31 trust, including but not limited to health care
32 professionals, educational personnel, recreational
33 supervisors, and volunteers or support personnel in any
34 setting where children may be subject to abuse or neglect.
HB3073 Enrolled -4- LRB9110560RCpk
1 "Temporary protective custody" means custody within a
2 hospital or other medical facility or a place previously
3 designated for such custody by the Department, subject to
4 review by the Court, including a licensed foster home, group
5 home, or other institution; but such place shall not be a
6 jail or other place for the detention of criminal or juvenile
7 offenders.
8 "An unfounded report" means any report made under this
9 Act for which it is determined after an investigation that no
10 credible evidence of abuse or neglect exists.
11 "An indicated report" means a report made under this Act
12 if an investigation determines that credible evidence of the
13 alleged abuse or neglect exists.
14 "An undetermined report" means any report made under this
15 Act in which it was not possible to initiate or complete an
16 investigation on the basis of information provided to the
17 Department.
18 "Subject of report" means any child reported to the
19 central register of child abuse and neglect established under
20 Section 7.7 of this Act and his or her parent, guardian or
21 other person responsible who is also named in the report.
22 "Perpetrator" means a person who, as a result of
23 investigation, has been determined by the Department to have
24 caused child abuse or neglect.
25 (Source: P.A. 89-21, eff. 7-1-95; 90-239, eff. 7-28-97;
26 90-684, eff. 7-31-98.)
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