103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1834

 

Introduced 2/9/2023, by Sen. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Juvenile Court Act of 1987. Provides that a neglected minor includes any minor (rather than a minor under 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. Provides that a minor shall not be considered neglected for the sole reason that the minor was engaged in independent activities, except if the person responsible for the minor's health, safety, or welfare willfully disregards danger that the independent activity poses to the physical or mental health of the minor under circumstances when the danger is sufficiently obvious that no reasonable person would cause or permit the minor to be unsupervised in such a situation given the minor's level of maturity, physical condition, or mental abilities. Provides factors that must be considered in determining if a minor's needs can be sufficiently met during an independent activity. Amends the Criminal Code of 2012 to change the child abandonment statute. Deletes language providing that a person commits child abandonment by leaving a child who is under the age of 13 without supervision by a responsible person over the age of 14 for a period of 24 hours or more. Provides instead that a person commits child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child, without regard for the mental or physical health, safety, or welfare of that child, knowingly permits a child to engage in independent activities that were unreasonable under the circumstances or for an unreasonable period of time without regard for the minor's mental or physical health, safety or well-being. Provides that no specific age shall be determinative of reasonableness, and that reasonableness shall be determined by the maturity of each individual child. Effective immediately.


LRB103 06072 RLC 51103 b

 

 

A BILL FOR

 

SB1834LRB103 06072 RLC 51103 b

1    AN ACT concerning minors.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Legislative findings. The General Assembly
5finds that:
6    (1) There has been a longstanding misinterpretation of
7Illinois law regarding when and under what conditions children
8left home alone may be considered to be neglected pursuant to
9the Juvenile Court Act of 1987 and regarding the conditions
10under which parents and guardians may be charged criminally
11with abandonment.
12    (2) Illinois law has been widely misinterpreted as stating
13that children cannot be left home alone, under any
14circumstances, unless the children are at least 14 years old.
15This interpretation is inaccurate.
16    (3) Whether a child is sufficiently mature to be safely
17left home alone varies based on the circumstances and many
18factors, including, but not limited to, the age of the child,
19the child's individual developmental capacity, the length of
20time the child will be alone, and the safety conditions of the
21home.
 
22    Section 5. The Juvenile Court Act of 1987 is amended by
23changing Section 2-3 as follows:
 

 

 

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1    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
2    Sec. 2-3. Neglected or abused minor.
3    (1) Those who are neglected include:
4        (a) any minor under 18 years of age or a minor 18 years
5    of age or older for whom the court has made a finding of
6    probable cause to believe that the minor is abused,
7    neglected, or dependent under subsection (1) of Section
8    2-10 prior to the minor's 18th birthday who is not
9    receiving the proper or necessary support, education as
10    required by law, or medical or other remedial care
11    recognized under State law as necessary for a minor's
12    well-being, or other care necessary for his or her
13    well-being, including adequate food, clothing and shelter,
14    or who is abandoned by his or her parent or parents or
15    other person or persons responsible for the minor's
16    welfare, except that a minor shall not be considered
17    neglected for the sole reason that the minor's parent or
18    parents or other person or persons responsible for the
19    minor's welfare have left the minor in the care of an adult
20    relative for any period of time, who the parent or parents
21    or other person responsible for the minor's welfare know
22    is both a mentally capable adult relative and physically
23    capable adult relative, as defined by this Act; or
24        (b) any minor under 18 years of age or a minor 18 years
25    of age or older for whom the court has made a finding of

 

 

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1    probable cause to believe that the minor is abused,
2    neglected, or dependent under subsection (1) of Section
3    2-10 prior to the minor's 18th birthday whose environment
4    is injurious to his or her welfare; or
5        (c) any newborn infant whose blood, urine, or meconium
6    contains any amount of a controlled substance as defined
7    in subsection (f) of Section 102 of the Illinois
8    Controlled Substances Act, as now or hereafter amended, or
9    a metabolite of a controlled substance, with the exception
10    of controlled substances or metabolites of such
11    substances, the presence of which in the newborn infant is
12    the result of medical treatment administered to the mother
13    or the newborn infant; or
14        (d) any minor under the age of 14 years whose parent or
15    other person responsible for the minor's welfare leaves
16    the minor without supervision for an unreasonable period
17    of time without regard for the mental or physical health,
18    safety, or welfare of that minor. Whether the minor was
19    left without regard for the mental or physical health,
20    safety, or welfare of that minor or the period of time was
21    unreasonable shall be determined by considering the
22    following factors, including, but not limited to:
23            (1) the age of the minor;
24            (2) the number of minors left at the location; ; or
25            (3) special needs of the minor, including whether
26        the minor is a person with a physical or mental

 

 

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1        disability, or otherwise in need of ongoing prescribed
2        medical treatment such as periodic doses of insulin or
3        other medications;
4            (4) the duration of time in which the minor was
5        left without supervision;
6            (5) the condition and location of the place where
7        the minor was left without supervision;
8            (6) the time of day or night when the minor was
9        left without supervision;
10            (7) the weather conditions, including whether the
11        minor was left in a location with adequate protection
12        from the natural elements such as adequate heat or
13        light;
14            (8) the location of the parent or guardian at the
15        time the minor was left without supervision, the
16        physical distance the minor was from the parent or
17        guardian at the time the minor was without
18        supervision;
19            (9) whether the minor's movement was restricted,
20        or the minor was otherwise locked within a room or
21        other structure;
22            (10) whether the minor was given a phone number of
23        a person or location to call in the event of an
24        emergency and whether the minor was capable of making
25        an emergency call;
26            (11) whether there was food and other provision

 

 

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1        left for the minor;
2            (12) whether any of the conduct is attributable to
3        economic hardship or illness and the parent, guardian
4        or other person having physical custody or control of
5        the child made a good faith effort to provide for the
6        health and safety of the minor;
7            (13) the age and physical and mental capabilities
8        of the person or persons who provided supervision for
9        the minor;
10            (14) whether the minor was left under the
11        supervision of another person;
12            (15) any other factor that would endanger the
13        health and safety of that particular minor; or
14        (e) any minor who has been provided with interim
15    crisis intervention services under Section 3-5 of this Act
16    and whose parent, guardian, or custodian refuses to permit
17    the minor to return home unless the minor is an immediate
18    physical danger to himself, herself, or others living in
19    the home.
20    Whether the minor was left without regard for the mental
21or physical health, safety, or welfare of that minor or the
22period of time was unreasonable shall be determined by
23considering the following factors, including but not limited
24to:
25        (1) the age of the minor;
26        (2) the number of minors left at the location;

 

 

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1        (3) special needs of the minor, including whether the
2    minor is a person with a physical or mental disability, or
3    otherwise in need of ongoing prescribed medical treatment
4    such as periodic doses of insulin or other medications;
5        (4) the duration of time in which the minor was left
6    without supervision;
7        (5) the condition and location of the place where the
8    minor was left without supervision;
9        (6) the time of day or night when the minor was left
10    without supervision;
11        (7) the weather conditions, including whether the
12    minor was left in a location with adequate protection from
13    the natural elements such as adequate heat or light;
14        (8) the location of the parent or guardian at the time
15    the minor was left without supervision, the physical
16    distance the minor was from the parent or guardian at the
17    time the minor was without supervision;
18        (9) whether the minor's movement was restricted, or
19    the minor was otherwise locked within a room or other
20    structure;
21        (10) whether the minor was given a phone number of a
22    person or location to call in the event of an emergency and
23    whether the minor was capable of making an emergency call;
24        (11) whether there was food and other provision left
25    for the minor;
26        (12) whether any of the conduct is attributable to

 

 

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1    economic hardship or illness and the parent, guardian or
2    other person having physical custody or control of the
3    child made a good faith effort to provide for the health
4    and safety of the minor;
5        (13) the age and physical and mental capabilities of
6    the person or persons who provided supervision for the
7    minor;
8        (14) whether the minor was left under the supervision
9    of another person;
10        (15) any other factor that would endanger the health
11    and safety of that particular minor.
12    A minor shall not be considered neglected for the sole
13reason that the minor has been relinquished in accordance with
14the Abandoned Newborn Infant Protection Act.
15    (1.5) A minor shall not be considered neglected for the
16sole reason that the minor's parent or other person
17responsible for the minor's welfare permits the minor to
18engage in independent activities unless the minor was
19permitted to engage in independent activities under
20circumstances presenting unreasonable risk of harm to the
21minor's mental or physical health, safety, or well-being.
22"Independent activities" includes, but is not limited to:
23        (a) traveling to and from school including by walking,
24    running, or bicycling;
25        (b) traveling to and from nearby commercial or
26    recreational facilities;

 

 

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1        (c) engaging in outdoor play;
2        (d) remaining in a vehicle unattended, except as
3    otherwise provided by law;
4        (e) remaining at home or at a similarly appropriate
5    location unattended; or
6        (f) engaging in a similar independent activity alone
7    or with other children.
8    In determining whether an independent activity presented
9unreasonable risk of harm, the court shall consider:
10        (1) whether the activity is accepted as suitable for
11    minors of the same age, maturity level, and developmental
12    capacity as the involved minor;
13        (2) the factors listed in items (1) through (15) of
14    paragraph (d) of subsection (1); and
15        (3) any other factor the court deems relevant.
16    (2) Those who are abused include any minor under 18 years
17of age or a minor 18 years of age or older for whom the court
18has made a finding of probable cause to believe that the minor
19is abused, neglected, or dependent under subsection (1) of
20Section 2-10 prior to the minor's 18th birthday whose parent
21or immediate family member, or any person responsible for the
22minor's welfare, or any person who is in the same family or
23household as the minor, or any individual residing in the same
24home as the minor, or a paramour of the minor's parent:
25        (i) inflicts, causes to be inflicted, or allows to be
26    inflicted upon such minor physical injury, by other than

 

 

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1    accidental means, which causes death, disfigurement,
2    impairment of physical or emotional health, or loss or
3    impairment of any bodily function;
4        (ii) creates a substantial risk of physical injury to
5    such minor by other than accidental means which would be
6    likely to cause death, disfigurement, impairment of
7    emotional health, or loss or impairment of any bodily
8    function;
9        (iii) commits or allows to be committed any sex
10    offense against such minor, as such sex offenses are
11    defined in the Criminal Code of 1961 or the Criminal Code
12    of 2012, or in the Wrongs to Children Act, and extending
13    those definitions of sex offenses to include minors under
14    18 years of age;
15        (iv) commits or allows to be committed an act or acts
16    of torture upon such minor;
17        (v) inflicts excessive corporal punishment;
18        (vi) commits or allows to be committed the offense of
19    involuntary servitude, involuntary sexual servitude of a
20    minor, or trafficking in persons as defined in Section
21    10-9 of the Criminal Code of 1961 or the Criminal Code of
22    2012, upon such minor; or
23        (vii) allows, encourages or requires a minor to commit
24    any act of prostitution, as defined in the Criminal Code
25    of 1961 or the Criminal Code of 2012, and extending those
26    definitions to include minors under 18 years of age.

 

 

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1    A minor shall not be considered abused for the sole reason
2that the minor has been relinquished in accordance with the
3Abandoned Newborn Infant Protection Act.
4    (3) This Section does not apply to a minor who would be
5included herein solely for the purpose of qualifying for
6financial assistance for himself, his parents, guardian or
7custodian.
8    (4) The changes made by this amendatory Act of the 101st
9General Assembly apply to a case that is pending on or after
10the effective date of this amendatory Act of the 101st General
11Assembly.
12(Source: P.A. 101-79, eff. 7-12-19.)
 
13    Section 10. The Criminal Code of 2012 is amended by
14changing Section 12C-10 as follows:
 
15    (720 ILCS 5/12C-10)   (was 720 ILCS 5/12-21.5)
16    Sec. 12C-10. Child abandonment.
17    (a) A person commits child abandonment when he or she, as a
18parent, guardian, or other person having physical custody or
19control of a child, without regard for the mental or physical
20health, safety, or welfare of that child, knowingly permits a
21child to engage in independent activities that were
22unreasonable under the circumstances or for an unreasonable
23period of time without regard for the minor's mental or
24physical health, safety, or well-being. For the purposes of

 

 

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1this Section, no specific age shall be determinative of
2reasonableness. Reasonableness shall be determined by the
3maturity of each individual child leaves that child who is
4under the age of 13 without supervision by a responsible
5person over the age of 14 for a period of 24 hours or more. It
6is not a violation of this Section for a person to relinquish a
7child in accordance with the Abandoned Newborn Infant
8Protection Act.
9    (b) For the purposes of determining whether the child was
10left without regard for the mental or physical health, safety,
11or welfare of that child, the trier of fact shall consider the
12following factors:
13        (1) the age of the child;
14        (2) the number of children left at the location;
15        (3) special needs of the child, including whether the
16    child is a person with a physical or mental disability, or
17    otherwise in need of ongoing prescribed medical treatment
18    such as periodic doses of insulin or other medications;
19        (4) the duration of time in which the child was left
20    without supervision;
21        (5) the condition and location of the place where the
22    child was left without supervision;
23        (6) the time of day or night when the child was left
24    without supervision;
25        (7) the weather conditions, including whether the
26    child was left in a location with adequate protection from

 

 

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1    the natural elements such as adequate heat or light;
2        (8) the location of the parent, guardian, or other
3    person having physical custody or control of the child at
4    the time the child was left without supervision, the
5    physical distance the child was from the parent, guardian,
6    or other person having physical custody or control of the
7    child at the time the child was without supervision;
8        (9) whether the child's movement was restricted, or
9    the child was otherwise locked within a room or other
10    structure;
11        (10) whether the child was given a phone number of a
12    person or location to call in the event of an emergency and
13    whether the child was capable of making an emergency call;
14        (11) whether there was food and other provision left
15    for the child;
16        (12) whether any of the conduct is attributable to
17    economic hardship or illness and the parent, guardian or
18    other person having physical custody or control of the
19    child made a good faith effort to provide for the health
20    and safety of the child;
21        (13) the age and physical and mental capabilities of
22    the person or persons who provided supervision for the
23    child;
24        (14) any other factor that would endanger the health
25    or safety of that particular child;
26        (15) whether the child was left under the supervision

 

 

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1    of another person.
2    (c) Child abandonment is a Class 4 felony. A second or
3subsequent offense after a prior conviction is a Class 3
4felony. A parent, who is found to be in violation of this
5Section with respect to his or her child, may be sentenced to
6probation for this offense pursuant to Section 12C-15.
7(Source: P.A. 98-756, eff. 7-16-14; 99-143, eff. 7-27-15.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    705 ILCS 405/2-3from Ch. 37, par. 802-3
4    720 ILCS 5/12C-10was 720 ILCS 5/12-21.5