SB0108 Engrossed LRB095 00631 RLC 20631 b

1     AN ACT in relation to children.
 
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     "Child" means any person under the age of 18 years, unless
10 legally emancipated by reason of marriage or entry into a
11 branch of the United States armed services.
12     "Department" means Department of Children and Family
13 Services.
14     "Local law enforcement agency" means the police of a city,
15 town, village or other incorporated area or the sheriff of an
16 unincorporated area or any sworn officer of the Illinois
17 Department of State Police.
18     "Abused child" means a child whose parent or immediate
19 family member, or any person responsible for the child's
20 welfare, or any individual residing in the same home as the
21 child, or a paramour of the child's parent:
22         (a) inflicts, causes to be inflicted, or allows to be
23     inflicted upon such child 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         (b) creates a substantial risk of physical injury to
5     such child by other than accidental means which would be
6     likely to cause death, disfigurement, impairment of
7     physical or emotional health, or loss or impairment of any
8     bodily function;
9         (c) commits or allows to be committed any sex offense
10     against such child, as such sex offenses are defined in the
11     Criminal Code of 1961, as amended, and extending those
12     definitions of sex offenses to include children under 18
13     years of age;
14         (d) commits or allows to be committed an act or acts of
15     torture upon such child;
16         (e) inflicts excessive corporal punishment;
17         (f) commits or allows to be committed the offense of
18     female genital mutilation, as defined in Section 12-34 of
19     the Criminal Code of 1961, against the child; or
20         (g) causes to be sold, transferred, distributed, or
21     given to such child under 18 years of age, a controlled
22     substance as defined in Section 102 of the Illinois
23     Controlled Substances Act in violation of Article IV of the
24     Illinois Controlled Substances Act or in violation of the
25     Methamphetamine Control and Community Protection Act,
26     except for controlled substances that are prescribed in

 

 

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1     accordance with Article III of the Illinois Controlled
2     Substances Act and are dispensed to such child in a manner
3     that substantially complies with the prescription.
4     A child shall not be considered abused for the sole reason
5 that the child has been relinquished in accordance with the
6 Abandoned Newborn Infant Protection Act.
7     "Neglected child" means any child who is not receiving the
8 proper or necessary nourishment or medically indicated
9 treatment including food or care not provided solely on the
10 basis of the present or anticipated mental or physical
11 impairment as determined by a physician acting alone or in
12 consultation with other physicians or otherwise is not
13 receiving the proper or necessary support or medical or other
14 remedial care recognized under State law as necessary for a
15 child's well-being, or other care necessary for his or her
16 well-being, including adequate food, clothing and shelter; or
17 who is abandoned by his or her parents or other person
18 responsible for the child's welfare without a proper plan of
19 care; or who has been provided with interim crisis intervention
20 services under Section 3-5 of the Juvenile Court Act of 1987
21 and whose parent, guardian, or custodian refuses to permit the
22 child to return home and no other living arrangement agreeable
23 to the minor and the parent, guardian, or custodian can be
24 made; or who is a newborn infant whose blood, urine, or
25 meconium contains any amount of a controlled substance as
26 defined in subsection (f) of Section 102 of the Illinois

 

 

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1 Controlled Substances Act or a metabolite thereof, with the
2 exception of a controlled substance or metabolite thereof whose
3 presence in the newborn infant is the result of medical
4 treatment administered to the mother or the newborn infant. A
5 child shall not be considered neglected for the sole reason
6 that the child's parent or other person responsible for his or
7 her welfare has left the child in the care of an adult relative
8 for any period of time. A child shall not be considered
9 neglected for the sole reason that the child has been
10 relinquished in accordance with the Abandoned Newborn Infant
11 Protection Act. A child shall not be considered neglected or
12 abused for the sole reason that such child's parent or other
13 person responsible for his or her welfare depends upon
14 spiritual means through prayer alone for the treatment or cure
15 of disease or remedial care as provided under Section 4 of this
16 Act. A child shall not be considered neglected or abused solely
17 because the child is not attending school in accordance with
18 the requirements of Article 26 of The School Code, as amended.
19     "Child Protective Service Unit" means certain specialized
20 State employees of the Department assigned by the Director to
21 perform the duties and responsibilities as provided under
22 Section 7.2 of this Act.
23     "Person responsible for the child's welfare" means the
24 child's parent; guardian; foster parent; relative caregiver;
25 any person responsible for the child's welfare in a public or
26 private residential agency or institution; any person

 

 

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1 responsible for the child's welfare within a public or private
2 profit or not for profit child care facility; or any other
3 person responsible for the child's welfare at the time of the
4 alleged abuse or neglect, or any person who came to know the
5 child through an official capacity or position of trust,
6 including but not limited to health care professionals,
7 educational personnel, recreational supervisors, members of
8 the clergy, and volunteers or support personnel in any setting
9 where children may be subject to abuse or neglect.
10     "Temporary protective custody" means custody within a
11 hospital or other medical facility or a place previously
12 designated for such custody by the Department, subject to
13 review by the Court, including a licensed foster home, group
14 home, or other institution; but such place shall not be a jail
15 or other place for the detention of criminal or juvenile
16 offenders.
17     "An unfounded report" means any report made under this Act
18 for which it is determined after an investigation that no
19 credible evidence of abuse or neglect exists.
20     "An indicated report" means a report made under this Act if
21 an investigation determines that credible evidence of the
22 alleged abuse or neglect exists.
23     "An undetermined report" means any report made under this
24 Act in which it was not possible to initiate or complete an
25 investigation on the basis of information provided to the
26 Department.

 

 

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1     "Subject of report" means any child reported to the central
2 register of child abuse and neglect established under Section
3 7.7 of this Act and his or her parent, guardian or other person
4 responsible who is also named in the report.
5     "Perpetrator" means a person who, as a result of
6 investigation, has been determined by the Department to have
7 caused child abuse or neglect.
8     "Member of the clergy" means a clergyman or practitioner of
9 any religious denomination accredited by the religious body to
10 which he or she belongs.
11 (Source: P.A. 94-556, eff. 9-11-05.)
 
12     Section 10. The Juvenile Court Act of 1987 is amended by
13 changing Sections 2-3 and 3-5 as follows:
 
14     (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
15     Sec. 2-3. Neglected or abused minor.
16     (1) Those who are neglected include:
17         (a) any minor under 18 years of age who is not
18     receiving the proper or necessary support, education as
19     required by law, or medical or other remedial care
20     recognized under State law as necessary for a minor's
21     well-being, or other care necessary for his or her
22     well-being, including adequate food, clothing and shelter,
23     or who is abandoned by his or her parents or other person
24     responsible for the minor's welfare, except that a minor

 

 

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1     shall not be considered neglected for the sole reason that
2     the minor's parent or other person responsible for the
3     minor's welfare has left the minor in the care of an adult
4     relative for any period of time; or
5         (b) any minor under 18 years of age whose environment
6     is injurious to his or her welfare; or
7         (c) any newborn infant whose blood, urine, or meconium
8     contains any amount of a controlled substance as defined in
9     subsection (f) of Section 102 of the Illinois Controlled
10     Substances Act, as now or hereafter amended, or a
11     metabolite of a controlled substance, with the exception of
12     controlled substances or metabolites of such substances,
13     the presence of which in the newborn infant is the result
14     of medical treatment administered to the mother or the
15     newborn infant; or
16         (d) any minor under the age of 14 years whose parent or
17     other person responsible for the minor's welfare leaves the
18     minor without supervision for an unreasonable period of
19     time without regard for the mental or physical health,
20     safety, or welfare of that minor; or .
21         (e) any minor who has been provided with interim crisis
22     intervention services under Section 3-5 of this Act and
23     whose parent, guardian, or custodian refuses to permit the
24     minor to return home unless the minor is an immediate
25     physical danger to himself, herself, or others living in
26     the home.

 

 

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1     Whether the minor was left without regard for the mental or
2 physical health, safety, or welfare of that minor or the period
3 of time was unreasonable shall be determined by considering the
4 following factors, including but not limited to:
5         (1) the age of the minor;
6         (2) the number of minors left at the location;
7         (3) special needs of the minor, including whether the
8     minor is physically or mentally handicapped, or otherwise
9     in need of ongoing prescribed medical treatment such as
10     periodic doses of insulin or other medications;
11         (4) the duration of time in which the minor was left
12     without supervision;
13         (5) the condition and location of the place where the
14     minor was left without supervision;
15         (6) the time of day or night when the minor was left
16     without supervision;
17         (7) the weather conditions, including whether the
18     minor was left in a location with adequate protection from
19     the natural elements such as adequate heat or light;
20         (8) the location of the parent or guardian at the time
21     the minor was left without supervision, the physical
22     distance the minor was from the parent or guardian at the
23     time the minor was without supervision;
24         (9) whether the minor's movement was restricted, or the
25     minor was otherwise locked within a room or other
26     structure;

 

 

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1         (10) whether the minor was given a phone number of a
2     person or location to call in the event of an emergency and
3     whether the minor was capable of making an emergency call;
4         (11) whether there was food and other provision left
5     for the minor;
6         (12) whether any of the conduct is attributable to
7     economic hardship or illness and the parent, guardian or
8     other person having physical custody or control of the
9     child made a good faith effort to provide for the health
10     and safety of the minor;
11         (13) the age and physical and mental capabilities of
12     the person or persons who provided supervision for the
13     minor;
14         (14) whether the minor was left under the supervision
15     of another person;
16         (15) any other factor that would endanger the health
17     and safety of that particular minor.
18     A minor shall not be considered neglected for the sole
19 reason that the minor has been relinquished in accordance with
20 the Abandoned Newborn Infant Protection Act.
21     (2) Those who are abused include any minor under 18 years
22 of age whose parent or immediate family member, or any person
23 responsible for the minor's welfare, or any person who is in
24 the same family or household as the minor, or any individual
25 residing in the same home as the minor, or a paramour of the
26 minor's parent:

 

 

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1         (i) inflicts, causes to be inflicted, or allows to be
2     inflicted upon such minor 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         (ii) creates a substantial risk of physical injury to
7     such minor by other than accidental means which would be
8     likely to cause death, disfigurement, impairment of
9     emotional health, or loss or impairment of any bodily
10     function;
11         (iii) commits or allows to be committed any sex offense
12     against such minor, as such sex offenses are defined in the
13     Criminal Code of 1961, as amended, and extending those
14     definitions of sex offenses to include minors under 18
15     years of age;
16         (iv) commits or allows to be committed an act or acts
17     of torture upon such minor; or
18         (v) inflicts excessive corporal punishment.
19     A minor shall not be considered abused for the sole reason
20 that the minor has been relinquished in accordance with the
21 Abandoned Newborn Infant Protection Act.
22     (3) This Section does not apply to a minor who would be
23 included herein solely for the purpose of qualifying for
24 financial assistance for himself, his parents, guardian or
25 custodian.
26 (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
 

 

 

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1     (705 ILCS 405/3-5)  (from Ch. 37, par. 803-5)
2     Sec. 3-5. Interim crisis intervention services. (a) Any
3 minor who is taken into limited custody, or who independently
4 requests or is referred for assistance, may be provided crisis
5 intervention services by an agency or association, as defined
6 in this Act, provided the association or agency staff (i)
7 immediately investigate the circumstances of the minor and the
8 facts surrounding the minor being taken into custody and
9 promptly explain these facts and circumstances to the minor,
10 and (ii) make a reasonable effort to inform the minor's parent,
11 guardian or custodian of the fact that the minor has been taken
12 into limited custody and where the minor is being kept, and
13 (iii) if the minor consents, make a reasonable effort to
14 transport, arrange for the transportation of, or otherwise
15 release the minor to the parent, guardian or custodian. Upon
16 release of the child who is believed to need or benefit from
17 medical, psychological, psychiatric or social services, the
18 association or agency may inform the minor and the person to
19 whom the minor is released of the nature and location of
20 appropriate services and shall, if requested, assist in
21 establishing contact between the family and other associations
22 or agencies providing such services. If the agency or
23 association is unable by all reasonable efforts to contact a
24 parent, guardian or custodian, or if the person contacted lives
25 an unreasonable distance away, or if the minor refuses to be

 

 

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1 taken to his or her home or other appropriate residence, or if
2 the agency or association is otherwise unable despite all
3 reasonable efforts to make arrangements for the safe return of
4 the minor, the minor may be taken to a temporary living
5 arrangement which is in compliance with the Child Care Act of
6 1969 or which is with persons agreed to by the parents and the
7 agency or association.
8     (b) An agency or association is authorized to permit a
9 minor to be sheltered in a temporary living arrangement
10 provided the agency seeks to effect the minor's return home or
11 alternative living arrangements agreeable to the minor and the
12 parent, guardian or custodian as soon as practicable. No minor
13 shall be sheltered in a temporary living arrangement for more
14 than 48 hours, excluding Saturdays, Sundays, and
15 court-designated holidays, when the agency has reported the
16 minor as neglected or abused because the parent, guardian, or
17 custodian refuses to permit the child to return home, provided
18 that in all other instances the minor may be sheltered when the
19 agency obtains the consent of the parent, guardian, or
20 custodian or documents its unsuccessful efforts to obtain the
21 consent or authority of the parent, guardian, or custodian,
22 including recording the date and the staff involved in all
23 telephone calls, telegrams, letters, and personal contacts to
24 obtain the consent or authority, in which instances the minor
25 may be so sheltered for not more than 21 days. If the parent,
26 guardian or custodian refuses to permit the minor to return

 

 

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1 home, and no other living arrangement agreeable to the minor
2 and the parent, guardian, or custodian can be made, the agency
3 may deem the minor to be neglected and report the neglect to
4 the Department of Children and Family Services as provided in
5 the Abused and Neglected Child Reporting Act. The Child
6 Protective Service Unit of the Department of Children and
7 Family Services shall begin an investigation of the report
8 within 24 hours after receiving the report and shall determine
9 whether to shall file a petition alleging that the minor is
10 neglected or abused as described in Section 2-3 of this Act.
11 Subject to appropriation, the Department may take the minor
12 into temporary protective custody at any time after receiving
13 the report, provided that the Department shall take temporary
14 protective custody within 48 hours of receiving the report if
15 its investigation is not completed. If the Department of
16 Children and Family Services determines that the minor is not a
17 neglected minor because the minor is an immediate physical
18 danger to himself, herself, or others living in the home, then
19 the Department shall take immediate steps to either secure the
20 minor's immediate admission to a mental health facility,
21 arrange for law enforcement authorities to take temporary
22 custody of the minor as a delinquent minor, or take other
23 appropriate action to assume protective custody in order to
24 safeguard the minor or others living in the home from immediate
25 physical danger. No minor shall be sheltered in a temporary
26 living arrangement for more than 48 hours, excluding Saturdays,

 

 

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1 Sundays and court-designated holidays, without parental
2 consent unless the agency documents its unsuccessful efforts to
3 contact a parent or guardian, including recording the date and
4 time and staff involved in all telephone calls, telegrams,
5 letters, and personal contacts to obtain the consent or
6 authority, in which case the minor may be so sheltered for not
7 more than 21 days.
8     (c) Any agency or association or employee thereof acting
9 reasonably and in good faith in the care of a minor being
10 provided interim crisis intervention services and shelter care
11 shall be immune from any civil or criminal liability resulting
12 from such care.
13 (Source: P.A. 85-601.)