Public Act 096-1196
 
SB2605 EnrolledLRB096 15565 KTG 30796 b


  
    AN ACT concerning children.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Abused and Neglected Child Reporting Act is 
amended  by changing Section 3 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;


        (e) inflicts excessive corporal punishment;


        (f) commits or allows to be committed
the offense of

    female
genital mutilation, as defined in Section 12-34 of 
    the Criminal Code of
1961, against the child; or


        (g) causes to be sold, transferred, distributed, or 
    given to
such child
under 18 years of age, a controlled 
    substance as defined in Section 102 of the
Illinois 
    Controlled  Substances Act in violation of Article IV of the 
    Illinois
Controlled Substances Act or in violation of the 
    Methamphetamine Control and Community Protection Act, 
    except for controlled substances that are prescribed
in 
    accordance with Article III of the Illinois Controlled 
    Substances Act and
are dispensed to such child in a manner 
    that substantially complies with the
prescription.

    A child shall not be considered abused for the sole reason 
that the child
has been relinquished in accordance with the 
Abandoned Newborn Infant
Protection Act.

    "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 has been provided with interim crisis intervention 
services under
Section 3-5 of
the Juvenile Court Act of 1987 
and  whose parent, guardian, or custodian refuses to
permit
the 
child to return home and no other living arrangement agreeable

to the parent, guardian, or custodian can be made, and the 
parent, guardian, or custodian has not made any other 
appropriate living arrangement for the child; or who is a 
newborn infant whose blood, 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 for the sole reason
that the 
child has been relinquished in accordance with the Abandoned 
Newborn
Infant Protection Act.  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, members of 
the clergy, 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 as an alleged victim of child abuse or neglect 
and
the his or her parent, or guardian of the alleged victim or 
other person responsible for the alleged victim's welfare who 
is named in the report or added to the report as an alleged 
perpetrator of child abuse or neglect 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.

    "Member of the clergy" means a clergyman or practitioner of 
any religious
denomination accredited by the religious body to 
which he or she belongs.

(Source: P.A. 94-556, eff. 9-11-05; 95-443, eff. 1-1-08.)