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1 | AN ACT concerning minors.
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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 1. Legislative findings. The General Assembly | |||||||||||||||||||
5 | finds that: | |||||||||||||||||||
6 | (1) There has been a longstanding misinterpretation of | |||||||||||||||||||
7 | Illinois law regarding when and under what conditions children | |||||||||||||||||||
8 | left home alone may be considered to be neglected pursuant to | |||||||||||||||||||
9 | the Juvenile Court Act of 1987 and regarding the conditions | |||||||||||||||||||
10 | under which parents and guardians may be charged criminally | |||||||||||||||||||
11 | with abandonment. | |||||||||||||||||||
12 | (2) Illinois law has been widely misinterpreted as stating | |||||||||||||||||||
13 | that children cannot be left home alone, under any | |||||||||||||||||||
14 | circumstances, unless the children are at least 14 years old. | |||||||||||||||||||
15 | This interpretation is inaccurate. | |||||||||||||||||||
16 | (3) Whether a child is sufficiently mature to be safely | |||||||||||||||||||
17 | left home alone varies based on the circumstances and many | |||||||||||||||||||
18 | factors, including, but not limited to, the age of the child, | |||||||||||||||||||
19 | the child's individual developmental capacity, the length of | |||||||||||||||||||
20 | time the child will be alone, and the safety conditions of the | |||||||||||||||||||
21 | home. | |||||||||||||||||||
22 | Section 5. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||
23 | changing 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
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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,
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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
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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
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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,
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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
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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
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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.
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20 | Whether the minor was left without regard for the mental | ||||||
21 | or physical health,
safety, or welfare of that minor or the | ||||||
22 | period of time was unreasonable shall
be determined by | ||||||
23 | considering the following factors, including but not limited
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24 | to: | ||||||
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 | ||||||
13 | reason that the
minor has been relinquished in accordance with | ||||||
14 | the Abandoned Newborn Infant
Protection Act. | ||||||
15 | (1.5) A minor shall not be considered neglected for the | ||||||
16 | sole reason that the minor's parent or
other person | ||||||
17 | responsible for the minor's welfare permits the minor to | ||||||
18 | engage in independent activities
unless the minor was | ||||||
19 | permitted to engage in independent activities under | ||||||
20 | circumstances presenting
unreasonable risk of harm to the | ||||||
21 | minor'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 | ||||||
9 | unreasonable 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 | ||||||
17 | of age or a minor 18 years of age or older for whom the court | ||||||
18 | has made a finding of probable cause to believe that the minor | ||||||
19 | is abused, neglected, or dependent under subsection (1) of | ||||||
20 | Section 2-10 prior to the minor's 18th birthday whose
parent | ||||||
21 | or immediate family member, or any person responsible
for the | ||||||
22 | minor's welfare, or any person who is in the same family or | ||||||
23 | household
as the minor, or any individual residing in the same | ||||||
24 | home 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
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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 | ||||||
2 | that the minor
has been relinquished in accordance with the | ||||||
3 | Abandoned Newborn Infant
Protection Act. | ||||||
4 | (3) This Section does not apply to a minor who would be | ||||||
5 | included
herein solely for the purpose of qualifying for | ||||||
6 | financial assistance for
himself, his parents, guardian or | ||||||
7 | custodian. | ||||||
8 | (4) The changes made by this amendatory Act of the 101st | ||||||
9 | General Assembly apply to a case that is pending on or after | ||||||
10 | the effective date of this amendatory Act of the 101st General | ||||||
11 | Assembly. | ||||||
12 | (Source: P.A. 101-79, eff. 7-12-19.) | ||||||
13 | Section 10. The Criminal Code of 2012 is amended by | ||||||
14 | changing Section 12C-10 as follows:
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15 | (720 ILCS 5/12C-10)
(was 720 ILCS 5/12-21.5)
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16 | Sec. 12C-10. Child abandonment.
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17 | (a) A person commits child abandonment when he or
she, as a | ||||||
18 | parent, guardian, or other person having physical custody or | ||||||
19 | control
of a child, without regard for the mental or physical | ||||||
20 | health, safety, or
welfare of that child, knowingly permits a | ||||||
21 | child to engage in independent activities that
were | ||||||
22 | unreasonable under the circumstances or for an unreasonable | ||||||
23 | period of time without regard for
the minor's mental or | ||||||
24 | physical health, safety, or well-being. For the purposes of |
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1 | this Section, no specific
age shall be determinative of | ||||||
2 | reasonableness. Reasonableness shall be determined by the | ||||||
3 | maturity of each
individual child leaves that child who is | ||||||
4 | under the age of 13
without supervision by a responsible | ||||||
5 | person over the age of 14 for a period of
24 hours or more . It | ||||||
6 | is not a violation of this Section for a person to relinquish a | ||||||
7 | child in accordance with the
Abandoned Newborn Infant | ||||||
8 | Protection Act.
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9 | (b) For the purposes of determining whether the child was | ||||||
10 | left without
regard for the mental or physical health, safety, | ||||||
11 | or welfare of that child, the
trier of fact shall consider the | ||||||
12 | following factors:
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13 | (1) the age of the child;
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14 | (2) the number of children left at the location;
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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;
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21 | (5) the condition and location of the place where the | ||||||
22 | child was left
without supervision;
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23 | (6) the time of day or night when the child was left | ||||||
24 | without supervision;
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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;
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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;
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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;
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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.
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2 | (c) Child abandonment is a Class 4 felony. A second or | |||||||||||||||||||||||||||||||||||
3 | subsequent offense
after a prior conviction is a Class 3 | |||||||||||||||||||||||||||||||||||
4 | felony. A parent, who is found to be in violation of this | |||||||||||||||||||||||||||||||||||
5 | Section with respect to his or her child, may be sentenced to | |||||||||||||||||||||||||||||||||||
6 | probation for this offense pursuant to Section 12C-15.
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7 | (Source: P.A. 98-756, eff. 7-16-14; 99-143, eff. 7-27-15.)
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8 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||
9 | becoming law. | |||||||||||||||||||||||||||||||||||
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