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
 
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 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.