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1 | AN ACT concerning children.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Abused and Neglected Child Reporting Act is | |||||||||||||||||||||||
5 | 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 | "Adult resident" means any person between 18 and 22 years | |||||||||||||||||||||||
10 | of age who resides in any facility licensed by the Department | |||||||||||||||||||||||
11 | under the Child Care Act of 1969. For purposes of this Act, the | |||||||||||||||||||||||
12 | criteria set forth in the definitions of "abused child" and | |||||||||||||||||||||||
13 | "neglected child" shall be used in determining whether an | |||||||||||||||||||||||
14 | adult resident is abused or neglected. | |||||||||||||||||||||||
15 | "Agency" means a child care facility licensed under | |||||||||||||||||||||||
16 | Section 2.05 or Section 2.06 of the Child Care Act of 1969 and | |||||||||||||||||||||||
17 | includes a transitional living program that accepts children | |||||||||||||||||||||||
18 | and adult residents for placement who are in the guardianship | |||||||||||||||||||||||
19 | of the Department. | |||||||||||||||||||||||
20 | "Blatant disregard" means an incident where the real, | |||||||||||||||||||||||
21 | significant, and imminent risk of harm would be so obvious to a | |||||||||||||||||||||||
22 | reasonable parent or caretaker that it is unlikely that a | |||||||||||||||||||||||
23 | reasonable parent or caretaker would have exposed the child to |
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1 | the danger without exercising precautionary measures to | ||||||
2 | protect the child from harm. With respect to a person working | ||||||
3 | at an agency in his or her professional capacity with a child | ||||||
4 | or adult resident, "blatant disregard" includes a failure by | ||||||
5 | the person to perform job responsibilities intended to protect | ||||||
6 | the child's or adult resident's health, physical well-being, | ||||||
7 | or welfare, and, when viewed in light of the surrounding | ||||||
8 | circumstances, evidence exists that would cause a reasonable | ||||||
9 | person to believe that the child was neglected. With respect | ||||||
10 | to an agency, "blatant disregard" includes a failure to | ||||||
11 | implement practices that ensure the health, physical | ||||||
12 | well-being, or welfare of the children and adult residents | ||||||
13 | residing in the facility. | ||||||
14 | "Child" means any person under the age of 18 years, unless | ||||||
15 | legally
emancipated by reason of marriage or entry into a | ||||||
16 | branch of the United
States armed services. | ||||||
17 | "Department" means Department of Children and Family | ||||||
18 | Services. | ||||||
19 | "Local law enforcement agency" means the police of a city, | ||||||
20 | town,
village or other incorporated area or the sheriff of an | ||||||
21 | unincorporated
area or any sworn officer of the Illinois State | ||||||
22 | Police. | ||||||
23 | "Abused child"
means a child whose parent or immediate | ||||||
24 | family
member,
or any person responsible for the child's | ||||||
25 | welfare, or any individual
residing in the same home as the | ||||||
26 | child, or a paramour of the child's parent: |
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1 | (a) inflicts, causes to be inflicted, or allows to be
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2 | inflicted upon
such child physical injury, by other than | ||||||
3 | accidental means, which causes
death, disfigurement, | ||||||
4 | impairment of physical or
emotional health, or loss or | ||||||
5 | impairment of any bodily function; | ||||||
6 | (b) creates a substantial risk of physical injury to | ||||||
7 | such
child by
other than accidental means which would be | ||||||
8 | likely to cause death,
disfigurement, impairment of | ||||||
9 | physical or emotional health, or loss or
impairment of any | ||||||
10 | bodily function; | ||||||
11 | (c) commits or allows to be committed any sex offense | ||||||
12 | against
such child,
as such sex offenses are defined in | ||||||
13 | the Criminal Code of 2012 or in the Wrongs to Children Act,
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14 | and extending those definitions of sex offenses to include | ||||||
15 | children under
18 years of age; | ||||||
16 | (d) commits or allows to be committed an act or acts of
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17 | torture upon
such child; | ||||||
18 | (e) inflicts excessive corporal punishment or, in the | ||||||
19 | case of a person working for an agency who is prohibited | ||||||
20 | from using corporal punishment, inflicts corporal | ||||||
21 | punishment upon a child or adult resident with whom the | ||||||
22 | person is working in his or her professional capacity; | ||||||
23 | (f) commits or allows to be committed
the offense of
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24 | female
genital mutilation, as defined in Section 12-34 of | ||||||
25 | the Criminal Code of
2012, against the child; | ||||||
26 | (g) causes to be sold, transferred, distributed, or |
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1 | given to
such child
under 18 years of age, a controlled | ||||||
2 | substance as defined in Section 102 of the
Illinois | ||||||
3 | Controlled Substances Act in violation of Article IV of | ||||||
4 | the Illinois
Controlled Substances Act or in violation of | ||||||
5 | the Methamphetamine Control and Community Protection Act, | ||||||
6 | except for controlled substances that are prescribed
in | ||||||
7 | accordance with Article III of the Illinois Controlled | ||||||
8 | Substances Act and
are dispensed to such child in a manner | ||||||
9 | that substantially complies with the
prescription; | ||||||
10 | (h) commits or allows to be committed the offense of | ||||||
11 | involuntary servitude, involuntary sexual servitude of a | ||||||
12 | minor, or trafficking in persons as defined in Section | ||||||
13 | 10-9 of the Criminal Code of 2012 against the child; or | ||||||
14 | (i) commits the offense of grooming, as defined in | ||||||
15 | Section 11-25 of the Criminal Code of 2012, against the | ||||||
16 | child. | ||||||
17 | A child shall not be considered abused for the sole reason | ||||||
18 | that the child
has been relinquished in accordance with the | ||||||
19 | Abandoned Newborn Infant
Protection Act. | ||||||
20 | "Neglected child" means any child who is not receiving the | ||||||
21 | proper or
necessary nourishment or medically indicated | ||||||
22 | treatment including food or care
not provided solely on the | ||||||
23 | basis of the present or anticipated mental or
physical | ||||||
24 | impairment as determined by a physician acting alone or in
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25 | consultation with other physicians or otherwise is not | ||||||
26 | receiving the proper or
necessary support or medical or other |
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1 | remedial care recognized under State law
as necessary for a | ||||||
2 | child's well-being, or other care necessary for his or her
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3 | well-being, including adequate food, clothing and shelter; or | ||||||
4 | who is subjected to an environment which is injurious insofar | ||||||
5 | as (i) the child's environment creates a likelihood of harm to | ||||||
6 | the child's health, physical well-being, or welfare and (ii) | ||||||
7 | the likely harm to the child is the result of a blatant | ||||||
8 | disregard of parent, caretaker, person responsible for the | ||||||
9 | child's welfare, or agency responsibilities; or who is | ||||||
10 | abandoned
by his or her parents or other person responsible | ||||||
11 | for the child's welfare
without a proper plan of care; or who | ||||||
12 | has been provided with interim crisis intervention services | ||||||
13 | under
Section 3-5 of
the Juvenile Court Act of 1987 and whose | ||||||
14 | parent, guardian, or custodian refuses to
permit
the child to | ||||||
15 | return home and no other living arrangement agreeable
to the | ||||||
16 | parent, guardian, or custodian can be made, and the parent, | ||||||
17 | guardian, or custodian has not made any other appropriate | ||||||
18 | living arrangement for the child ; or who is a newborn infant | ||||||
19 | whose blood, urine,
or meconium
contains any amount of a | ||||||
20 | controlled substance as defined in subsection (f) of
Section | ||||||
21 | 102 of the Illinois Controlled Substances Act or a metabolite | ||||||
22 | thereof,
with the exception of a controlled substance or | ||||||
23 | metabolite thereof whose
presence in the newborn infant is the | ||||||
24 | result of medical treatment administered
to the mother or the | ||||||
25 | newborn infant . A child shall not be considered neglected
for | ||||||
26 | the sole reason that the child's parent or other person |
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1 | responsible for his
or her welfare has left the child in the | ||||||
2 | care of an adult relative for any
period of time. A child shall | ||||||
3 | not be considered neglected for the sole reason
that the child | ||||||
4 | has been relinquished in accordance with the Abandoned Newborn
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5 | Infant Protection Act. A child shall not be considered | ||||||
6 | neglected or abused
for the
sole reason that such child's | ||||||
7 | parent or other person responsible for his or her
welfare | ||||||
8 | depends upon spiritual means through prayer alone for the | ||||||
9 | treatment or
cure of disease or remedial care as provided | ||||||
10 | under Section 4 of this Act. A
child shall not be considered | ||||||
11 | neglected or abused solely because the child is
not attending | ||||||
12 | school in accordance with the requirements of Article 26 of | ||||||
13 | The
School Code, as amended. | ||||||
14 | "Child Protective Service Unit" means certain specialized | ||||||
15 | State employees of
the Department assigned by the Director to | ||||||
16 | perform the duties and
responsibilities as provided under | ||||||
17 | Section 7.2 of this Act. | ||||||
18 | "Near fatality" means an act that, as certified by a | ||||||
19 | physician, places the child in serious or critical condition, | ||||||
20 | including acts of great bodily harm inflicted upon children | ||||||
21 | under 13 years of age, and as otherwise defined by Department | ||||||
22 | rule. | ||||||
23 | "Great bodily harm" includes bodily injury which creates a | ||||||
24 | high probability of death, or which causes serious permanent | ||||||
25 | disfigurement, or which causes a permanent or protracted loss | ||||||
26 | or impairment of the function of any bodily member or organ, or |
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1 | other serious bodily harm. | ||||||
2 | "Person responsible for the child's welfare" means the | ||||||
3 | child's parent;
guardian; foster parent; relative caregiver; | ||||||
4 | any person responsible for the
child's welfare in a public or | ||||||
5 | private residential agency or institution; any
person | ||||||
6 | responsible for the child's welfare within a public or private | ||||||
7 | profit or
not for profit child care facility; or any other | ||||||
8 | person responsible for the
child's welfare at the time of the | ||||||
9 | alleged abuse or neglect, including any person who commits or | ||||||
10 | allows to be committed, against the child, the offense of | ||||||
11 | involuntary servitude, involuntary sexual servitude of a | ||||||
12 | minor, or trafficking in persons for forced labor or services, | ||||||
13 | as provided in Section 10-9 of the Criminal Code of 2012, | ||||||
14 | including, but not limited to, the custodian of the minor, or | ||||||
15 | any person who
came to know the child through an official | ||||||
16 | capacity or position of trust,
including, but not limited to, | ||||||
17 | health care professionals, educational personnel,
recreational | ||||||
18 | supervisors, members of the clergy, and volunteers or
support | ||||||
19 | personnel in any setting
where children may be subject to | ||||||
20 | abuse or neglect. | ||||||
21 | "Temporary protective custody" means custody within a | ||||||
22 | hospital or
other medical facility or a place previously | ||||||
23 | designated for such custody
by the Department, subject to | ||||||
24 | review by the Court, including a licensed
foster home, group | ||||||
25 | home, or other institution; but such place shall not
be a jail | ||||||
26 | or other place for the detention of criminal or juvenile |
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1 | offenders. | ||||||
2 | "An unfounded report" means any report made under this Act | ||||||
3 | for which
it is determined after an investigation that no | ||||||
4 | credible evidence of
abuse or neglect exists. | ||||||
5 | "An indicated report" means a report made under this Act | ||||||
6 | if an
investigation determines that credible evidence of the | ||||||
7 | alleged
abuse or neglect exists. | ||||||
8 | "An undetermined report" means any report made under this | ||||||
9 | Act in
which it was not possible to initiate or complete an | ||||||
10 | investigation on
the basis of information provided to the | ||||||
11 | Department. | ||||||
12 | "Subject of report" means any child reported to the | ||||||
13 | central register
of child abuse and neglect established under | ||||||
14 | Section 7.7 of this Act as an alleged victim of child abuse or | ||||||
15 | neglect and
the parent or guardian of the alleged victim or | ||||||
16 | other person responsible for the alleged victim's welfare who | ||||||
17 | is named in the report or added to the report as an alleged | ||||||
18 | perpetrator of child abuse or neglect. | ||||||
19 | "Perpetrator" means a person who, as a result of | ||||||
20 | investigation, has
been determined by the Department to have | ||||||
21 | caused child abuse or neglect. | ||||||
22 | "Member of the clergy" means a clergyman or practitioner | ||||||
23 | of any religious
denomination accredited by the religious body | ||||||
24 | to which he or she belongs. | ||||||
25 | (Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21; | ||||||
26 | 102-813, eff. 5-13-22.) |
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1 | (325 ILCS 5/4.4 rep.) | ||||||
2 | Section 10. The Abused and Neglected Child Reporting Act | ||||||
3 | is amended by repealing Section 4.4. | ||||||
4 | Section 15. 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 or a minor 18 years | ||||||
10 | of age or older for whom the court has made a finding of | ||||||
11 | probable cause to believe that the minor is abused, | ||||||
12 | neglected, or dependent under subsection (1) of Section | ||||||
13 | 2-10 prior to the minor's 18th birthday who is not | ||||||
14 | receiving
the proper or necessary support, education as
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15 | required by law, or medical or other remedial care | ||||||
16 | recognized under
State law as necessary for a minor's | ||||||
17 | well-being, or other care necessary
for his or her | ||||||
18 | well-being, including adequate food, clothing and shelter,
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19 | or who is abandoned by his or her parent or parents or | ||||||
20 | other person or persons responsible for
the minor's | ||||||
21 | welfare, except that a minor shall not be considered | ||||||
22 | neglected
for the sole reason that the minor's parent or | ||||||
23 | parents or other person or persons responsible for the
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1 | minor's welfare have left the minor in the care of an adult | ||||||
2 | relative for any
period of time, who the parent or parents | ||||||
3 | or other person responsible for the minor's welfare know | ||||||
4 | is both a mentally capable adult relative and physically | ||||||
5 | capable adult relative, as defined by this Act; or | ||||||
6 | (b) any minor under 18 years of age or a minor 18 years | ||||||
7 | of age or older for whom the court has made a finding of | ||||||
8 | probable cause to believe that the minor is abused, | ||||||
9 | neglected, or dependent under subsection (1) of Section | ||||||
10 | 2-10 prior to the minor's 18th birthday whose environment | ||||||
11 | is injurious
to his or her welfare; or | ||||||
12 | (c) (blank) any newborn infant whose blood, urine, or | ||||||
13 | meconium
contains any amount of a
controlled substance as | ||||||
14 | defined in subsection (f) of Section 102 of the
Illinois | ||||||
15 | Controlled Substances Act, as now or hereafter amended, or | ||||||
16 | a
metabolite of a controlled substance, with the exception | ||||||
17 | of controlled
substances or metabolites of such | ||||||
18 | substances, the presence of which in the
newborn infant is | ||||||
19 | the result of medical treatment administered to the
mother | ||||||
20 | or the newborn infant ; or | ||||||
21 | (d) any minor under the age of 14 years whose parent or | ||||||
22 | other person
responsible for the minor's welfare leaves | ||||||
23 | the minor without
supervision for an unreasonable period | ||||||
24 | of time without regard for the mental or
physical health, | ||||||
25 | safety, or welfare of that minor; or | ||||||
26 | (e) any minor who has been provided with interim |
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1 | crisis intervention
services under Section 3-5 of this Act | ||||||
2 | and whose parent, guardian, or custodian
refuses to permit | ||||||
3 | the minor to return home unless the minor is an immediate | ||||||
4 | physical danger to himself, herself, or others living in | ||||||
5 | the home.
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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
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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 the | ||||||
14 | minor is a person with a physical or mental disability, 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 left | ||||||
18 | without supervision; | ||||||
19 | (5) the condition and location of the place where the | ||||||
20 | minor was left
without supervision; | ||||||
21 | (6) the time of day or night when the minor was left | ||||||
22 | without supervision; | ||||||
23 | (7) the weather conditions, including whether the | ||||||
24 | minor was left in a
location with adequate protection from | ||||||
25 | the natural elements such as adequate
heat or light; | ||||||
26 | (8) the location of the parent or guardian at the time |
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1 | the minor was left
without supervision, the physical | ||||||
2 | distance the minor was from the parent or
guardian at the | ||||||
3 | time the minor was without supervision; | ||||||
4 | (9) whether the minor's movement was restricted, or | ||||||
5 | the minor was
otherwise locked within a room or other | ||||||
6 | structure; | ||||||
7 | (10) whether the minor was given a phone number of a | ||||||
8 | person or location to
call in the event of an emergency and | ||||||
9 | whether the minor was capable of making
an emergency call; | ||||||
10 | (11) whether there was food and other provision left | ||||||
11 | for the minor; | ||||||
12 | (12) whether any of the conduct is attributable to | ||||||
13 | economic hardship or
illness and the parent, guardian or | ||||||
14 | other person having physical custody or
control of the | ||||||
15 | child made a good faith effort to provide for the health | ||||||
16 | and
safety of the minor; | ||||||
17 | (13) the age and physical and mental capabilities of | ||||||
18 | the person or persons
who provided supervision for the | ||||||
19 | minor; | ||||||
20 | (14) whether the minor was left under the supervision | ||||||
21 | of another person; | ||||||
22 | (15) any other factor that would endanger the health | ||||||
23 | and safety of that
particular minor. | ||||||
24 | A minor shall not be considered neglected for the sole | ||||||
25 | reason that the
minor has been relinquished in accordance with | ||||||
26 | the Abandoned Newborn Infant
Protection Act. |
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1 | (2) Those who are abused include any minor under 18 years | ||||||
2 | of age or a minor 18 years of age or older for whom the court | ||||||
3 | has made a finding of probable cause to believe that the minor | ||||||
4 | is abused, neglected, or dependent under subsection (1) of | ||||||
5 | Section 2-10 prior to the minor's 18th birthday whose
parent | ||||||
6 | or immediate family member, or any person responsible
for the | ||||||
7 | minor's welfare, or any person who is in the same family or | ||||||
8 | household
as the minor, or any individual residing in the same | ||||||
9 | home as the minor, or
a paramour of the minor's parent: | ||||||
10 | (i) inflicts, causes to be inflicted, or allows to be | ||||||
11 | inflicted upon
such minor physical injury, by other than | ||||||
12 | accidental means, which causes death,
disfigurement, | ||||||
13 | impairment of physical or emotional health, or loss or
| ||||||
14 | impairment of any bodily function; | ||||||
15 | (ii) creates a substantial risk of physical injury to | ||||||
16 | such minor by
other than accidental means which would be | ||||||
17 | likely to cause death,
disfigurement, impairment of | ||||||
18 | emotional health, or loss or impairment of any
bodily | ||||||
19 | function; | ||||||
20 | (iii) commits or allows to be committed any sex | ||||||
21 | offense against such
minor, as such sex offenses are | ||||||
22 | defined in the Criminal Code of 1961 or the Criminal Code | ||||||
23 | of 2012, or in the Wrongs to Children Act, and extending | ||||||
24 | those definitions of sex offenses to include minors
under | ||||||
25 | 18 years of age; | ||||||
26 | (iv) commits or allows to be committed an act or acts |
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1 | of torture upon
such minor; | ||||||
2 | (v) inflicts excessive corporal punishment; | ||||||
3 | (vi) commits or allows to be committed the offense of | ||||||
4 | involuntary servitude, involuntary sexual servitude of a | ||||||
5 | minor, or trafficking in persons as defined in Section | ||||||
6 | 10-9 of the Criminal Code of 1961 or the Criminal Code of | ||||||
7 | 2012, upon such minor; or | ||||||
8 | (vii) allows, encourages or requires a minor to commit | ||||||
9 | any act of prostitution, as defined in the Criminal Code | ||||||
10 | of 1961 or the Criminal Code of 2012, and extending those | ||||||
11 | definitions to include minors under 18 years of age. | ||||||
12 | A minor shall not be considered abused for the sole reason | ||||||
13 | that the minor
has been relinquished in accordance with the | ||||||
14 | Abandoned Newborn Infant
Protection Act. | ||||||
15 | (3) This Section does not apply to a minor who would be | ||||||
16 | included
herein solely for the purpose of qualifying for | ||||||
17 | financial assistance for
himself, his parents, guardian or | ||||||
18 | custodian. | ||||||
19 | (4) The changes made by this amendatory Act of the 101st | ||||||
20 | General Assembly apply to a case that is pending on or after | ||||||
21 | the effective date of this amendatory Act of the 101st General | ||||||
22 | Assembly. | ||||||
23 | (Source: P.A. 101-79, eff. 7-12-19.) | ||||||
24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
|