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1 | AN ACT concerning health. | |||||||||||||||||||||
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 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 the person's professional capacity with a | ||||||
4 | child or adult resident, "blatant disregard" includes a | ||||||
5 | failure by the person to perform job responsibilities intended | ||||||
6 | to protect the child's or adult resident's health, physical | ||||||
7 | well-being, or welfare, and, when viewed in light of the | ||||||
8 | surrounding circumstances, evidence exists that would cause a | ||||||
9 | reasonable person to believe that the child was neglected. | ||||||
10 | With respect to an agency, "blatant disregard" includes a | ||||||
11 | failure to implement practices that ensure the health, | ||||||
12 | physical well-being, or welfare of the children and adult | ||||||
13 | residents 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 | ||||||
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, | ||||||
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 | ||||||
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 the person's professional capacity; | ||||||
23 | (f) commits or allows to be committed the offense of | ||||||
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 ; or . | ||||||
17 | (j) denies the child access to necessary medical care, | ||||||
18 | including, but not limited to: | ||||||
19 | (1) primary care services, as defined in Section | ||||||
20 | 1.5 of the Consent by Minors to Health Care Services | ||||||
21 | Act; | ||||||
22 | (2) abortion services, as defined in Section 1-10 | ||||||
23 | of the Reproductive Health Act; or | ||||||
24 | (3) gender-affirming services, as defined in | ||||||
25 | Section 1-10 of the Reproductive Health Act. | ||||||
26 | A child shall not be considered abused for the sole reason |
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1 | that the child has been relinquished in accordance with the | ||||||
2 | Abandoned Newborn Infant Protection Act. | ||||||
3 | "Neglected child" means any child who is not receiving the | ||||||
4 | proper or necessary nourishment or medically indicated | ||||||
5 | treatment including food or care not provided solely on the | ||||||
6 | basis of the present or anticipated mental or physical | ||||||
7 | impairment as determined by a physician acting alone or in | ||||||
8 | consultation with other physicians or otherwise is not | ||||||
9 | receiving the proper or necessary support or medical or other | ||||||
10 | remedial care recognized under State law as necessary for a | ||||||
11 | child's well-being, or other care necessary for the child's | ||||||
12 | well-being, including adequate food, clothing and shelter; or | ||||||
13 | who is subjected to an environment which is injurious insofar | ||||||
14 | as (i) the child's environment creates a likelihood of harm to | ||||||
15 | the child's health, physical well-being, or welfare and (ii) | ||||||
16 | the likely harm to the child is the result of a blatant | ||||||
17 | disregard of parent, caretaker, person responsible for the | ||||||
18 | child's welfare, or agency responsibilities; or who is | ||||||
19 | abandoned by the child's parents or other person responsible | ||||||
20 | for the child's welfare without a proper plan of care; or who | ||||||
21 | has been provided with interim crisis intervention services | ||||||
22 | under Section 3-5 of the Juvenile Court Act of 1987 and whose | ||||||
23 | parent, guardian, or custodian refuses to permit the child to | ||||||
24 | return home and no other living arrangement agreeable to the | ||||||
25 | parent, guardian, or custodian can be made, and the parent, | ||||||
26 | guardian, or custodian has not made any other appropriate |
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1 | living arrangement for the child; or who is a newborn infant | ||||||
2 | whose blood, urine, or meconium contains any amount of a | ||||||
3 | controlled substance as defined in subsection (f) of Section | ||||||
4 | 102 of the Illinois Controlled Substances Act or a metabolite | ||||||
5 | thereof, with the exception of a controlled substance or | ||||||
6 | metabolite thereof whose presence in the newborn infant is the | ||||||
7 | result of medical treatment administered to the person who | ||||||
8 | gave birth or the newborn infant. A child shall not be | ||||||
9 | considered neglected for the sole reason that the child's | ||||||
10 | parent or other person responsible for the child's welfare has | ||||||
11 | left the child in the care of an adult relative for any period | ||||||
12 | of time. A child shall not be considered neglected for the sole | ||||||
13 | reason that the child has been relinquished in accordance with | ||||||
14 | the Abandoned Newborn Infant Protection Act. A child shall not | ||||||
15 | be considered neglected or abused for the sole reason that | ||||||
16 | such child's parent or other person responsible for the | ||||||
17 | child's welfare depends upon spiritual means through prayer | ||||||
18 | alone for the treatment or cure of disease or remedial care as | ||||||
19 | provided under Section 4 of this Act. A child shall not be | ||||||
20 | considered neglected or abused solely because the child is not | ||||||
21 | attending school in accordance with the requirements of | ||||||
22 | Article 26 of The School Code, as amended. | ||||||
23 | "Child Protective Service Unit" means certain specialized | ||||||
24 | State employees of the Department assigned by the Director to | ||||||
25 | perform the duties and responsibilities as provided under | ||||||
26 | Section 7.2 of this Act. |
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1 | "Near fatality" means an act that, as certified by a | ||||||
2 | physician, places the child in serious or critical condition, | ||||||
3 | including acts of great bodily harm inflicted upon children | ||||||
4 | under 13 years of age, and as otherwise defined by Department | ||||||
5 | rule. | ||||||
6 | "Great bodily harm" includes bodily injury which creates a | ||||||
7 | high probability of death, or which causes serious permanent | ||||||
8 | disfigurement, or which causes a permanent or protracted loss | ||||||
9 | or impairment of the function of any bodily member or organ, or | ||||||
10 | other serious bodily harm. | ||||||
11 | "Person responsible for the child's welfare" means the | ||||||
12 | child's parent; guardian; foster parent; relative caregiver; | ||||||
13 | any person responsible for the child's welfare in a public or | ||||||
14 | private residential agency or institution; any person | ||||||
15 | responsible for the child's welfare within a public or private | ||||||
16 | profit or not for profit child care facility; or any other | ||||||
17 | person responsible for the child's welfare at the time of the | ||||||
18 | alleged abuse or neglect, including any person who commits or | ||||||
19 | allows to be committed, against the child, the offense of | ||||||
20 | involuntary servitude, involuntary sexual servitude of a | ||||||
21 | minor, or trafficking in persons for forced labor or services, | ||||||
22 | as provided in Section 10-9 of the Criminal Code of 2012, | ||||||
23 | including, but not limited to, the custodian of the minor, or | ||||||
24 | any person who came to know the child through an official | ||||||
25 | capacity or position of trust, including, but not limited to, | ||||||
26 | health care professionals, educational personnel, recreational |
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1 | supervisors, members of the clergy, and volunteers or support | ||||||
2 | personnel in any setting where children may be subject to | ||||||
3 | abuse or neglect. | ||||||
4 | "Temporary protective custody" means custody within a | ||||||
5 | hospital or other medical facility or a place previously | ||||||
6 | designated for such custody by the Department, subject to | ||||||
7 | review by the Court, including a licensed foster home, group | ||||||
8 | home, or other institution; but such place shall not be a jail | ||||||
9 | or other place for the detention of criminal or juvenile | ||||||
10 | offenders. | ||||||
11 | "An unfounded report" means any report made under this Act | ||||||
12 | for which it is determined after an investigation that no | ||||||
13 | credible evidence of abuse or neglect exists. | ||||||
14 | "An indicated report" means a report made under this Act | ||||||
15 | if an investigation determines that credible evidence of the | ||||||
16 | alleged abuse or neglect exists. | ||||||
17 | "An undetermined report" means any report made under this | ||||||
18 | Act in which it was not possible to initiate or complete an | ||||||
19 | investigation on the basis of information provided to the | ||||||
20 | Department. | ||||||
21 | "Subject of report" means any child reported to the | ||||||
22 | central register of child abuse and neglect established under | ||||||
23 | Section 7.7 of this Act as an alleged victim of child abuse or | ||||||
24 | neglect and the parent or guardian of the alleged victim or | ||||||
25 | other person responsible for the alleged victim's welfare who | ||||||
26 | is named in the report or added to the report as an alleged |
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1 | perpetrator of child abuse or neglect. | ||||||
2 | "Perpetrator" means a person who, as a result of | ||||||
3 | investigation, has been determined by the Department to have | ||||||
4 | caused child abuse or neglect. | ||||||
5 | "Member of the clergy" means a clergyperson or | ||||||
6 | practitioner of any religious denomination accredited by the | ||||||
7 | religious body to which the clergyperson or practitioner | ||||||
8 | belongs. | ||||||
9 | (Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21; | ||||||
10 | 102-813, eff. 5-13-22; 103-22, eff. 8-8-23.) | ||||||
11 | Section 10. The Consent by Minors to Health Care Services | ||||||
12 | Act is amended by changing Section 1.5 as follows: | ||||||
13 | (410 ILCS 210/1.5) | ||||||
14 | Sec. 1.5. Consent by minor seeking care for limited | ||||||
15 | primary care services. | ||||||
16 | (a) The consent to the performance of primary care | ||||||
17 | services , abortion services, and gender-affirming services by | ||||||
18 | a physician licensed to practice medicine in all its branches, | ||||||
19 | a licensed advanced practice registered nurse, a licensed | ||||||
20 | physician assistant, a chiropractic physician, or a licensed | ||||||
21 | optometrist executed by a minor seeking care is not voidable | ||||||
22 | because of such minority, and for such purpose, a minor | ||||||
23 | seeking care is deemed to have the same legal capacity to act | ||||||
24 | and has the same powers and obligations as has a person of |
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1 | legal age if under the following circumstances: (1) the health | ||||||
2 | care professional reasonably believes that the minor seeking | ||||||
3 | care understands the benefits and risks of any proposed | ||||||
4 | primary care or services . ; and | ||||||
5 | (2) the minor seeking care is identified in writing as | ||||||
6 | a minor seeking care by: | ||||||
7 | (A) an adult relative; | ||||||
8 | (B) a representative of a homeless service agency | ||||||
9 | that receives federal, State, county, or municipal | ||||||
10 | funding to provide those services or that is otherwise | ||||||
11 | sanctioned by a local continuum of care; | ||||||
12 | (C) an attorney licensed to practice law in this | ||||||
13 | State; | ||||||
14 | (D) a public school homeless liaison or school | ||||||
15 | social worker; | ||||||
16 | (E) a social service agency providing services to | ||||||
17 | at risk, homeless, or runaway youth; or | ||||||
18 | (F) a representative of a religious organization. | ||||||
19 | (b) A health care professional rendering primary care | ||||||
20 | services , abortion services, and gender-affirming services, | ||||||
21 | under this Section shall not incur civil or criminal liability | ||||||
22 | for failure to obtain valid consent or professional discipline | ||||||
23 | for failure to obtain valid consent if he or she relied in good | ||||||
24 | faith on the representations made by the minor or the | ||||||
25 | information provided under paragraph (2) of subsection (a) of | ||||||
26 | this Section. Under such circumstances, good faith shall be |
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1 | presumed. | ||||||
2 | (c) The confidential nature of any communication between a | ||||||
3 | health care professional described in Section 1 of this Act | ||||||
4 | and a minor seeking care is not waived (1) by the presence, at | ||||||
5 | the time of communication, of any additional persons present | ||||||
6 | at the request of the minor seeking care, (2) by the health | ||||||
7 | care professional's disclosure of confidential information to | ||||||
8 | the additional person with the consent of the minor seeking | ||||||
9 | care, when reasonably necessary to accomplish the purpose for | ||||||
10 | which the additional person is consulted, or (3) by the health | ||||||
11 | care professional billing a health benefit insurance or plan | ||||||
12 | under which the minor seeking care is insured, is enrolled, or | ||||||
13 | has coverage for the services provided. | ||||||
14 | (d) Nothing in this Section shall be construed to limit or | ||||||
15 | expand a minor's existing powers and obligations under any | ||||||
16 | federal, State, or local law. Nothing in this Section affects | ||||||
17 | the right or authority of a parent or legal guardian to | ||||||
18 | verbally, in writing, or otherwise authorize health care | ||||||
19 | services to be provided for a minor in their absence. | ||||||
20 | (e) For the purposes of this Section: | ||||||
21 | "Abortion services" has the meaning given in Section 1-10 | ||||||
22 | of the Reproductive Health Act. | ||||||
23 | "Gender-affirming services" has the meaning given in | ||||||
24 | Section 1-10 of the Reproductive Health Act. | ||||||
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25 | "Minor seeking care" means a person at least 14 years of | ||||||
26 | age but less than 18 years of age who is living separate and |
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1 | apart from his or her parents or legal guardian, whether with | ||||||
2 | or without the consent of a parent or legal guardian who is | ||||||
3 | unable or unwilling to return to the residence of a parent, and | ||||||
4 | managing his or her own personal affairs. "Minor seeking care" | ||||||
5 | does not include minors who are under the protective custody, | ||||||
6 | temporary custody, or guardianship of the Department of | ||||||
7 | Children and Family Services. | ||||||
8 | "Primary care services" means health care services that | ||||||
9 | include screening, counseling, immunizations, medication, and | ||||||
10 | treatment of illness and conditions customarily provided by | ||||||
11 | licensed health care professionals in an out-patient setting, | ||||||
12 | eye care services, excluding advanced optometric procedures, | ||||||
13 | provided by optometrists, and services provided by | ||||||
14 | chiropractic physicians according to the scope of practice of | ||||||
15 | chiropractic physicians under the Medical Practice Act of | ||||||
16 | 1987. "Primary care services" does not include invasive care, | ||||||
17 | beyond standard injections, laceration care, or non-surgical | ||||||
18 | fracture care. | ||||||
19 | (Source: P.A. 102-1117, eff. 1-13-23.) |