HB1468 103RD GENERAL ASSEMBLY

LRB103 00103 KTG 45104 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1468

Introduced 1/31/2023, by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

New Act
325 ILCS 5/3	from Ch. 23, par. 2053
325 ILCS 5/4.4 rep.
705 ILCS 405/2-3	from Ch. 37, par. 802-3

Creates the Family Care Plans for Infants and Families Act. Requires the Department of Public Health, in consultation with specified agencies and entities, to develop guidelines for hospitals, birthing centers, medical providers, Medicaid managed care organizations, and private insurers on how to conduct a family needs assessment and create a family care plan for an infant who may exhibit clinical signs of withdrawal from a controlled substance or medication. Requires an infant's family care plan to include a family needs assessment performed by a social worker or any other appropriate and trained individual or agency. Requires a licensed health care professional or social worker to complete a family care plan that shall include supports and services to be provided to the infant and the infant's parent or caregiver. Contains provisions concerning information that must be provided under a family care plan; notice to the Department of Public Health when an infant's parent or caregiver fails to adhere to a family care plan; exceptions to a finding of nonadherence; educational materials and training for hospital employees and others on the difference between notification requirements to report the birth of a substance-exposed infant and notification requirements to report alleged child abuse and neglect; and other matters. Provides that notice to the Department of Public Health on the birth of a substance-exposed infant shall not be construed to mean that prenatal substance use is intrinsically considered child abuse or neglect. Amends the Abused and Neglected Child Reporting Act and the Juvenile Court Act of 1987. Removes from the definition of "neglected child" a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance. Removes a provision requiring the Department of Children and Family Services to report to the State's Attorney whenever the Department receives a report that a newborn infant's blood contains a controlled substance. Effective immediately.

A BILL FOR

AN ACT concerning children.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Family Care Plans for Infants and Families Act.

Section 10. Legislative findings. The General Assembly finds the following:

(1) Addiction is a disease amenable to treatment rather than a criminal activity.

(2) Transplacental drug transfer should not be subject to criminal sanctions or civil liability.

(3) Pregnant and parenting individuals with an opioid use disorder or other substance use disorder should be encouraged to enter treatment and not suffer punitive actions for starting or continuing treatment, including when medications for opioid use disorder are part of the treatment protocol.

Physicians should be alert to signs of possible alcohol use disorder in their patients who may become pregnant, not only those who are pregnant, and institute appropriate diagnostic and therapeutic measures as early as possible. Treatment of alcohol use disorder and cessation of alcohol use can improve pregnancy and newborn outcomes.

(4) The presence of medication for an opioid use disorder or the treatment of an opioid use disorder with medications should never by itself be grounds for family separation.

(5) There is a pressing need for adequate maternal treatment for substance use disorders and supportive care for families, including the appropriate use of family needs assessments and family care plans.

(6) Support is crucial for establishing and making broadly available evidence-based treatment programs for pregnant, peripartum, postpartum, and parenting individuals wherever possible.

(7) The American Medical Association opposes efforts to criminalize maternal drug addiction or to require physicians or other health care professionals to function as agents of law enforcement, including gathering evidence for family separation or prosecution.

(8) The cooperation and coordination of supportive services for pregnant, peripartum, and postpartum individuals and families are essential to help newborns and children in encouraging and supporting treatment and safety.

(9) State agencies and others benefit when policies are based on the understanding that alcohol use disorder, opioid use disorder, and other substance use disorders are diseases characterized by compulsive use in the face of adverse consequences. They are not moral failings.

(10) When notifications of prenatal drug or alcohol exposure are distinct from reports of alleged child abuse and neglect, the National Center on Substance Abuse and Child Welfare identified resulting benefits to child protective services, health care professionals, pregnant individuals, newborns, and families, including increased use of plans of safe care.

(11) Individuals who are pregnant, postpartum, and parenting, including other individuals who care for an infant, may benefit from a family needs assessment at any time during the pregnancy or parenting process.

(12) Under federal law, there are distinct pathways and reasons for a "notification" of clinical signs of withdrawal or a "report" of alleged child abuse or neglect.

Section 15. Definitions. As used in this Act:

"Affected infant" means a substance-exposed infant requiring notification as required under this Act.

"Department" means the Department of Public Health.

"Family needs assessment" means an evaluation at any time during a pregnancy, peripartum, or postpartum period of the strengths, needs, and capacities of a parent or caregiver, including a relative caregiver, to help identify safety concerns, risks, strengths, and resources that can lead to the best possible response for an infant and the infant's parent, family, or caregiver. This includes identifying appropriate services or referral for further assessment and evaluation to assist with parenting skills and competencies, family functioning, physical and mental health, social determinants of health, and other factors that may be identified to help the infant and the infant's parent, family, or caregiver. Such assessment is encouraged to include interviews, one or more home visits, and consultation with health care professionals involved in the care of the infant, parent, or caregiver.

"Family care plan" or "plan of care" means a written or electronic plan created by one or more professionals with expertise in child and family welfare and needs assessments, including health care professionals, child and adolescent social workers, case managers, or other child welfare experts, as applicable, that is intended to ensure the safety and well-being of an affected infant by identifying strengths, supports, and goals identified by the infant's family and caregiver in support of the safety of the infant and unification of the family.

"Guardian" means a person appointed guardian, or given custody, of a minor by a circuit court of the State.

"Guardian ad litem" means an attorney appointed by a court to represent and protect the best interests of a child.

"Medication for opioid use disorder" or "medication to treat opioid use disorder" means a prescribed course of treatment that may include methadone, buprenorphine, naltrexone, or other FDA-approved or evidence-based medications for the treatment of an opioid use disorder or other substance use disorder.

"Notification" means notice given to the Department of Public Health, consistent with federal requirements under the Child Abuse Prevention and Treatment Act, that an affected infant was born.

"Parent" includes a biological or adoptive parent if the biological or adoptive parent has a constitutionally protected liberty interest in the care and custody of the child.

"Postpartum period" means at least one year following the birth of an infant.

"Relative" means a person related to another person by blood within the fifth degree of consanguinity or through marriage by the fifth degree of affinity.

"Report of alleged abuse or neglect" means a report to the Department of Children and Family Services that an affected infant was subject to alleged abuse or neglect.

"Reunification" means either a return of the infant to the parent or to the home from which the infant or child was removed or a return of the infant or child to the noncustodial parent.

"Substance" means alcohol, cannabis, or any other drug or medication.

"Withdrawal" means a group of clinical signs of withdrawal in an infant following the discontinuation of a drug, substance, or medication that has the capability of producing features or symptoms of physical dependence. "Withdrawal" includes symptoms occurring following the discontinuation of illicit drugs or substances (such as heroin), medications to treat substance use disorder (such as buprenorphine), or medications to treat a nonsubstance use disorder (such as sertraline).

Section 20. Creation of a family care plan.

(a) No later than 6 months following the effective date of this Act, the Department of Public Health, in consultation with relevant professional medical societies, child welfare advocates, Medicaid managed care organizations, private insurers, the Department of Insurance, the Department of Healthcare and Family Services, and the Department of Human Services' Division of Substance Use Prevention and Recovery, shall develop guidelines for hospitals, birthing centers, medical providers, Medicaid managed care organizations, and private insurers on how to conduct a family needs assessment and create a family care plan for an infant who may exhibit clinical signs of withdrawal.

(b) Nothing in this Act shall prevent the development and implementation of a family care plan at any time during a pregnancy, postpartum period, or during the course of parenting.

(c) The family care plan shall include a family needs assessment to be performed by a discharge planner, social worker, case manager, or any other appropriate and trained individual or agency at any point during a pregnancy or prior to an infant's discharge from a hospital or birthing center, or at any point during the postpartum period.

(d) The family care plan shall be completed by a licensed health care professional, social worker, case manager, or other individual or care team with education, training, and experience in developing and implementing individualized family care plans. The family care plan shall include supports and services identified in the family needs assessment that are to be provided, to the extent practicable, by the following:

(1) Early intervention service providers.

(2) Head Start and Early Head Start programs.

(3) Home visitation programs.

(4) Hospitals and medical providers.

(5) Justice-related entities, including restorative justice programs.

(6) Local education agencies.

(7) Managed care organizations.

(8) Maternal and child health agencies.

(9) Mental health providers.

(10) Parenting services.

(11) Public and private children and youth agencies.

(12) Public health agencies.

(13) Substance use disorder prevention and treatment providers.

(14) The infant's parent, relative, guardian, family member, or caregiver who is engaged in the infant's care, in order to identify the need for access to treatment for any substance use disorder or other physical or behavioral health condition that may impact the safety, early childhood development, and well-being of the infant.

(e) The family care plan shall be coordinated by a certified local health department under the Department of Public Health with all other appropriate agencies to be included as supports and services under the family care plan, based on the family needs assessment and the availability of supports.

(f) The guidelines described in subsection (a) shall be provided to hospitals, birthing centers, medical providers, State agencies, courts, Medicaid managed care organizations, private insurers, and others who may be engaged in the implementation and support of a family care plan. The guidelines shall include, at a minimum, information regarding:

(1) Clarification that an individual receiving treatment for a substance use disorder shall not be referred to the Department of Children and Family Services, law enforcement, or any other justice-involved investigatory body solely on the basis of the individual's treatment for that substance use disorder, including when the individual receives medication to treat opioid use disorder.

(2) Contact information for the certified local health department responsible for coordinating implementation of the family care plan.

Section 25. Support for implementation of a family care plan.

(a) The family care plan provided to an affected infant's parent, relative, guardian, family member, or caregiver shall provide, at a minimum:

(1) information on how to keep the affected infant healthy, including supports such as financial help, child care, and health care services; and

(2) information that connects the parent, relative, guardian, family member, or caregiver to resources, including public benefits for health care, food and housing, support groups, transportation, employment assistance, well-baby and well-child visits, and information that may include safe sleep plans, smoking cessation, parenting groups, home visiting, and other necessary services that may be needed to further the goals of this Act.

(b) An affected infant's parent, relative, guardian, family member, or caregiver who is engaged in the family care plan shall qualify for the protections, benefits, and supports under this Act while the individual remains in treatment and the treating physician affirms the individual's treatment status.

(c) Nothing in this Act shall prohibit implementation of a family care plan during the prenatal period for a pregnant person.

(d) A parent, relative, guardian, family member, or caregiver who is engaged in the care of the affected infant and who is referred for treatment for a substance use disorder at a facility that receives public funding shall be a priority user of available treatment. The Department shall make all reasonable efforts to keep the affected infant and the infant's family intact.

(e) If the parent, relative, guardian, family member, or caregiver engaged in the care of the affected infant has unstable housing, the Department of Public Health shall take immediate steps to ensure the parent, relative, guardian, family member, or caregiver remains with the affected infant in a location to be identified and funded by the State or local community. The Department of Public Health shall ensure the parent, relative, guardian, family member, or caregiver engaged in the care of the affected infant has continued access to treatment, with appropriate staffing to support treatment for a substance use disorder, including the continuation of medications to treat an opioid use disorder, as applicable.

(f) If a person engaged in the care of the affected infant is or becomes pregnant, and that person requires treatment for a substance use disorder or mental illness, a health insurer, the Department of Healthcare and Family Services, or some other payer shall be required to ensure the person receives an appointment with a physician of the appropriate medical specialty as soon as possible.

(g) Updates and feedback on implementation of the family care plan shall be undertaken with input from the affected infant's parent or caregiver and in collaboration with the health care provider and other professionals and agencies involved in serving the affected infant and the affected infant's family.

Section 30. Notification of nonadherence with family care plan.

(a) If the parent, relative, guardian, or caretaker of an affected infant who was released from a hospital or freestanding birthing center pursuant to a family care plan is not able to adhere to the plan, thereby creating a substantial risk that the infant's health and safety will be in jeopardy, the Department of Public Health shall be notified, and there shall be a family needs assessment conducted to determine why adherence to the family care plan is not possible and how to implement solutions to best support the affected infant and the infant's family.

(b) Based on the results of the family needs assessment, the Department of Public Health may offer or provide referrals for counseling, training, or other services contemplated under this Act aimed at addressing the underlying causative factors that are needed to support the safety or well-being of the affected infant and the infant's family.

(c) The affected infant's parent, relative, guardian, or caretaker may choose to accept or decline any service or program offered after the family needs assessment. However, if the affected infant's parent, relative, guardian, or caretaker declines those services or programs, the Department of Public Health may take that into account when necessary to proceed with potential next steps to safeguard the health and safety of the affected infant. Such steps may include:

(1) additional care coordination with medical and social work providers or case managers;

(2) coordination with additional State or community supports;

(3) petitioning the court to appoint a guardian ad litem;

(4) referral to a child welfare agency; or

(5) other actions as may be necessary under the circumstances.

The Department of Public Health shall provide notice of nonadherence as soon as practicable to the affected infant's primary care physician.

(d) Withdrawal symptoms exhibited by an affected infant as result of prescription medication use by the infant's pregnant parent, relative, guardian, or caretaker shall not by itself warrant a finding of nonadherence if:

(1) the individual was prescribed the prescription medication while under the care of a prescribing medical professional;

(2) the individual used the prescription medication as directed by the prescribing medical professional and in compliance with directions on the proper administration of the prescription medication; and

(3) the use and administration of the prescription medication is verified by the health care provider involved in the delivery or care of the affected infant or the individual.

Section 35. Notification of affected infant.

(a) All hospitals, birthing centers, law enforcement agencies, child welfare agencies, certified local health departments, and other applicable entities shall be required to furnish its employees with educational information and materials regarding distinctions between the requirements for notification to the Department of Public Health concerning a substance-exposed infant and the requirements for making a report of alleged child abuse or neglect to the Department of Children and Family Services.

(b) A notification shall be construed to satisfy all applicable State and federal reporting requirements. A notification shall not constitute a report of child abuse or neglect. A notification shall not be construed to allege, establish, or conclude a finding or presumption of child abuse or neglect.

(c) A notification may be made if, in the professional judgment of the treating health care professional, a newborn infant exhibits clinical signs or findings of withdrawal symptoms, which may be due to intrauterine exposure to medication that was prescribed to the infant's birth mother during her pregnancy.

(d) A notification, rather than a report of alleged abuse or neglect, may be made if the health care practitioner or any other individual involved in the care of the newborn infant or mother has verified that:

(1) the mother was using a controlled substance as prescribed by a licensed health care practitioner, including medications for the treatment of a substance use disorder;

(2) the presence of the controlled substance was consistent with a prescribed treatment administered to the mother or the newborn infant during the prenatal or postpartum period; or

(3) the mother or any other parent, relative, guardian, family member, or caretaker engaged in the care of the newborn infant does not, in the health care practitioner's professional judgment, pose a threat to the health or safety of the newborn infant.

The requirement for notification shall not be construed to mean that prenatal substance use is intrinsically considered child maltreatment, abuse, or neglect, or to prevent reunification.

When a notification is required, it shall not be construed as a requirement for further investigation by a law enforcement agency or other agency.

A notification may include a copy of the family plan of care that was created for the newborn infant. A notification shall not include identifying information of the newborn infant who was exposed to a substance or of the individual from whom the prenatal, peripartum, or postpartum exposure was transferred.

A notification made under this Section shall be considered confidential and only released to a law enforcement agency or other agency pursuant to a finding of probable cause.

(e) Nothing in this Act shall be construed to prevent a person from reporting to the Department of Children and Family Services a reasonable suspicion that an infant is an abused or neglected child based on other criteria or a combination of criteria that includes a finding pursuant to this Section.

(f) If a mother discloses her use of a substance while pregnant, or if there is a positive toxicology screen or presence of clinical signs of withdrawal in a newborn infant, prior to making a notification or report, to the extent practicable, there shall be a consultation between the person seeking to make the report and the physicians and other health care professionals treating the newborn infant and mother. Such consultation shall include consideration of:

(1) Which substances affected the newborn infant.

(2) Whether the clinical signs, symptoms, or findings were the result of medication used by the mother in accordance with a prescription issued by a health care provider.

(3) The impact of the substances on the newborn infant.

(4) Medical care the newborn infant and mother are now receiving.

(5) Medical care the newborn infant may require during or beyond the postpartum period.

(6) An existing or in-development family care plan for the newborn infant and family at discharge.

(7) Whether the mother, parent, relative, guardian, family member, or caregiver engaged in the care of the newborn infant, or any other individual residing in the same residence as the newborn infant, is receiving treatment for a substance use disorder or other services and, if so, the identity of the providers of such treatment or services.

(g) If a pregnant person initiates treatment for a substance use disorder, and remains in treatment throughout the remaining term of the pregnancy, peripartum, and postpartum period, then the Department of Children and Family Services, a law enforcement agency, or any other agency may not initiate an investigation, file any petition to terminate the mother's parental rights, or otherwise seek protection of the infant because of the person's use of medication or other substances for nonmedical purposes during the term of the person's pregnancy. This Section shall also apply to individuals residing with the pregnant person during the prenatal and postpartum period.

(h) Nothing in this Act shall prevent the Department of Children and Family Services, a law enforcement agency, or other agency from coordinating with the Department of Public Health or a certified local public health department to initiate a family needs assessment.

Section 40. Data collection; training.

(a) The Department of Public Health shall be responsible for the collection and reporting of de-identified data to meet federal and State reporting requirements, including the following:

(1) The number of persons giving birth to an affected infant.

(2) The number of infants identified as being affected by substance use, withdrawal symptoms, or fetal alcohol spectrum disorder.

(3) The number of infants for whom a family care plan was developed, implemented, and monitored.

(4) The number of infants for whom referrals were made for appropriate services, including services for the parents, relatives, guardians, family members, or caretakers engaged in the care of the infant.

(5) The implementation of such plans to determine whether and in what manner local entities are providing, in accordance with State requirements, referrals to and delivery of appropriate services for the infant and the parents, relatives, guardians, family members, or caretakers engaged in the care of the infant.

(6) The number and location of hospitals and birthing centers with established protocols and processes to ensure notification to the Department of Public Health when: (i) a family care plan has been developed; and (ii) a family has been referred for a plan of care.

(b) Such de-identified data and other information as required under this Section shall also include:

(1) The race, ethnicity, and gender of both the infant and the infant's biological or legal parent.

(2) The insurance status of the infant and biological mother.

(3) The zip code, county, or other geographic location where the legal parent resides, or whether the legal parent has unstable housing.

(4) The number, gender, race, and ethnicity of infants placed under an order of protection or placed in foster care, including whether such order or placement was made in consultation with the treating physician.

(5) The number, age, race, ethnicity, and insurance status of persons who were referred to treatment.

(6) Reports made in accordance with this Section shall be considered confidential and only released to a law enforcement agency pursuant to a finding of probable cause.

(7) The Department of Public Health shall summarize and report data received in accordance with this Section at intervals as needed to meet State and federal laws.

(c) The Department of Public Health shall seek to coordinate with medical professional societies, social work agencies, and all other relevant agencies and State and community supports to create and distribute training materials to support and educate health care professionals, discharge planners, social workers, case managers, law enforcement, and others on the following:

(1) The differences between a "notification" and a "report" as defined in this Act.

(2) The important role a family needs assessment plays in providing essential services for the health and well-being of an infant and the infant's family.

(3) The importance of a family care plan to provide essential supports for an infant, parent, and other caregivers.

(4) The role of the Department of Public Health in coordinating a family needs assessment and family care plan, and the role of State and community supports to implement such assessments and family care plans.

(d) The Department of Public Health, in coordination with the other relevant agencies, medical professionals, and State and community supports described in subsection (c) shall conduct annual trainings on the requirements under this Act.

(e) No person shall have a cause of action for any loss or damage caused by any act or omission resulting from the implementation of the provisions of this Section or resulting from any training, or lack thereof, required by this Section.

Section 90. Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity of that provision or application does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.

Section 91. 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:

"Adult resident" means any person between 18 and 22 years of age who resides in any facility licensed by the Department under the Child Care Act of 1969. For purposes of this Act, the criteria set forth in the definitions of "abused child" and "neglected child" shall be used in determining whether an adult resident is abused or neglected.

"Agency" means a child care facility licensed under Section 2.05 or Section 2.06 of the Child Care Act of 1969 and includes a transitional living program that accepts children and adult residents for placement who are in the guardianship of the Department.

"Blatant disregard" means an incident where the real, significant, and imminent risk of harm would be so obvious to a reasonable parent or caretaker that it is unlikely that a reasonable parent or caretaker would have exposed the child to the danger without exercising precautionary measures to protect the child from harm. With respect to a person working at an agency in his or her professional capacity with a child or adult resident, "blatant disregard" includes a failure by the person to perform job responsibilities intended to protect the child's or adult resident's health, physical well-being, or welfare, and, when viewed in light of the surrounding circumstances, evidence exists that would cause a reasonable person to believe that the child was neglected. With respect to an agency, "blatant disregard" includes a failure to implement practices that ensure the health, physical well-being, or welfare of the children and adult residents residing in the facility.

"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 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 2012 or in the Wrongs to Children Act, 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 or, in the case of a person working for an agency who is prohibited from using corporal punishment, inflicts corporal punishment upon a child or adult resident with whom the person is working in his or her professional capacity;

(f) commits or allows to be committed the offense of female genital mutilation, as defined in Section 12-34 of the Criminal Code of 2012, against the child;

(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;

(h) commits or allows to be committed the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons as defined in Section 10-9 of the Criminal Code of 2012 against the child; or

(i) commits the offense of grooming, as defined in Section 11-25 of the Criminal Code of 2012, against the child.

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 subjected to an environment which is injurious insofar as (i) the child's environment creates a likelihood of harm to the child's health, physical well-being, or welfare and (ii) the likely harm to the child is the result of a blatant disregard of parent, caretaker, person responsible for the child's welfare, or agency responsibilities; 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.

"Near fatality" means an act that, as certified by a physician, places the child in serious or critical condition, including acts of great bodily harm inflicted upon children under 13 years of age, and as otherwise defined by Department rule.

"Great bodily harm" includes bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ, or other serious bodily harm.

"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, including any person who commits or allows to be committed, against the child, the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services, as provided in Section 10-9 of the Criminal Code of 2012, including, but not limited to, the custodian of the minor, 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 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.

"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. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21; 102-813, eff. 5-13-22.)

(325 ILCS 5/4.4 rep.)

Section 92. The Abused and Neglected Child Reporting Act is amended by repealing Section 4.4.

Section 93. 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 or a minor 18 years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under subsection (1) of Section 2-10 prior to the minor's 18th birthday 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 parent or parents or other person or persons 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 parents or other person or persons responsible for the minor's welfare have left the minor in the care of an adult relative for any period of time, who the parent or parents or other person responsible for the minor's welfare know is both a mentally capable adult relative and physically capable adult relative, as defined by this Act; or

(b) any minor under 18 years of age or a minor 18 years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under subsection (1) of Section 2-10 prior to the minor's 18th birthday whose environment is injurious to his or her welfare; or

(c) (blank) any 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, 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; or

(e) any minor who has been provided with interim crisis intervention services under Section 3-5 of this Act and whose parent, guardian, or custodian refuses to permit the minor to return home unless the minor is an immediate physical danger to himself, herself, or others living in the home.

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 a person with a physical or mental disability, 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.

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

(2) Those who are abused include any minor under 18 years of age or a minor 18 years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under subsection (1) of Section 2-10 prior to the minor's 18th birthday 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 or the Criminal Code of 2012, or in the Wrongs to Children Act, 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;

(v) inflicts excessive corporal punishment;

(vi) commits or allows to be committed the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons as defined in Section 10-9 of the Criminal Code of 1961 or the Criminal Code of 2012, upon such minor; or

(vii) allows, encourages or requires a minor to commit any act of prostitution, as defined in the Criminal Code of 1961 or the Criminal Code of 2012, and extending those definitions to include minors under 18 years of age.

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

(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.

(4) The changes made by this amendatory Act of the 101st General Assembly apply to a case that is pending on or after the effective date of this amendatory Act of the 101st General Assembly.

(Source: P.A. 101-79, eff. 7-12-19.)

Section 99. Effective date. This Act takes effect upon becoming law.