093_HB3386eng HB3386 Engrossed LRB093 09383 RLC 12034 b 1 AN ACT in relation to minors. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Juvenile Court Act of 1987 is amended by 5 changing Section 2-3 as follows: 6 (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) 7 Sec. 2-3. Neglected or abused minor. 8 (1) Those who are neglected include: 9 (a) any minor under 18 years of age who is not 10 receiving the proper or necessary support, education as 11 required by law, or medical or other remedial care 12 recognized under State law as necessary for a minor's 13 well-being, or other care necessary for his or her 14 well-being, including adequate food, clothing and 15 shelter, or who is abandoned by his or her parents or 16 other person responsible for the minor's welfare, except 17 that a minor shall not be considered neglected for the 18 sole reason that the minor's parent or other person 19 responsible for the minor's welfare has left the minor in 20 the care of an adult relative for any period of time; or 21 (b) any minor under 18 years of age whose 22 environment is injurious to his or her welfare; or 23 (c) any newborn infant whose blood, urine, or 24 meconium contains any amount of a controlled substance as 25 defined in subsection (f) of Section 102 of the Illinois 26 Controlled Substances Act, as now or hereafter amended, 27 or a metabolite of a controlled substance, with the 28 exception of controlled substances or metabolites of such 29 substances, the presence of which in the newborn infant 30 is the result of medical treatment administered to the 31 mother or the newborn infant; or HB3386 Engrossed -2- LRB093 09383 RLC 12034 b 1 (d) any minor under the age of 14 years whose 2 parent or other person responsible for the minor's 3 welfare leaves the minor without supervision for an 4 unreasonable period of time without regard for the mental 5 or physical health, safety, or welfare of that minor. 6 Whether the minor was left without regard for the mental 7 or physical health, safety, or welfare of that minor or the 8 period of time was unreasonable shall be determined by 9 considering the following factors, including but not limited 10 to: 11 (1) the age of the minor; 12 (2) the number of minors left at the location; 13 (3) special needs of the minor, including whether 14 the minor is physically or mentally handicapped, or 15 otherwise in need of ongoing prescribed medical treatment 16 such as periodic doses of insulin or other medications; 17 (4) the duration of time in which the minor was 18 left without supervision; 19 (5) the condition and location of the place where 20 the minor was left without supervision; 21 (6) the time of day or night when the minor was 22 left without supervision; 23 (7) the weather conditions, including whether the 24 minor was left in a location with adequate protection 25 from the natural elements such as adequate heat or light; 26 (8) the location of the parent or guardian at the 27 time the minor was left without supervision, the physical 28 distance the minor was from the parent or guardian at the 29 time the minor was without supervision; 30 (9) whether the minor's movement was restricted, or 31 the minor was otherwise locked within a room or other 32 structure; 33 (10) whether the minor was given a phone number of 34 a person or location to call in the event of an emergency HB3386 Engrossed -3- LRB093 09383 RLC 12034 b 1 and whether the minor was capable of making an emergency 2 call; 3 (11) whether there was food and other provision 4 left for the minor; 5 (12) whether any of the conduct is attributable to 6 economic hardship or illness and the parent, guardian or 7 other person having physical custody or control of the 8 child made a good faith effort to provide for the health 9 and safety of the minor; 10 (13) the age and physical and mental capabilities 11 of the person or persons who provided supervision for the 12 minor; 13 (14) whether the minor was left under the 14 supervision of another person; 15 (15) any other factor that would endanger the 16 health and safety of that particular minor. 17 A minor shall not be considered neglected for the sole 18 reason that the minor has been relinquished in accordance 19 with the Abandoned Newborn Infant Protection Act. 20 (2) Those who are abused include any minor under 18 21 years of age whose parent or immediate family member, or any 22 person responsible for the minor's welfare, or any person who 23 is in the same family or household as the minor, or any 24 individual residing in the same home as the minor, or a 25 paramour of the minor's parent: 26 (i) inflicts, causes to be inflicted, or allows to 27 be inflicted upon such minor physical injury, by other 28 than accidental means, which causes death, disfigurement, 29 impairment of physical or emotional health, or loss or 30 impairment of any bodily function; 31 (ii) creates a substantial risk of physical injury 32 to such minor by other than accidental means which would 33 be likely to cause death, disfigurement, impairment of 34 emotional health, or loss or impairment of any bodily HB3386 Engrossed -4- LRB093 09383 RLC 12034 b 1 function; 2 (iii) commits or allows to be committed any sex 3 offense against such minor, as such sex offenses are 4 defined in the Criminal Code of 1961, as amended, and 5 extending those definitions of sex offenses to include 6 minors under 18 years of age; 7 (iv) commits or allows to be committed an act or 8 acts of torture upon such minor; or 9 (v) inflicts excessive corporal punishment. 10 A minor shall not be considered abused for the sole 11 reason that the minor has been relinquished in accordance 12 with the Abandoned Newborn Infant Protection Act. 13 (3) This Section does not apply to a minor who would be 14 included herein solely for the purpose of qualifying for 15 financial assistance for himself, his parents, guardian or 16 custodian. 17 (4) If an emergency responder discovers a child under 18 18 years of age upon any premises in which methamphetamine is 19 being unlawfully manufactured by the parent or legal guardian 20 of that child, it shall be prima facie evidence that the 21 child is an abused minor. In this subsection (4), "emergency 22 responder" means a police officer, firefighter, sheriff, 23 deputy sheriff, emergency medical technician, hazardous 24 materials response team, or civil defense team. 25 (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.) 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.