093_HB3799

                                     LRB093 11631 DRJ 15079 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
 5    is amended by changing Sections 5, 6, and 7.5 as follows:

 6        (325 ILCS 5/5) (from Ch. 23, par. 2055)
 7        Sec.  5.  An  officer  of a local law enforcement agency,
 8    designated  employee  of  the  Department,  or  a   physician
 9    treating  a  child  may  take  or retain temporary protective
10    custody of the  child  without  the  consent  of  the  person
11    responsible  for the child's welfare, if (1) he has reason to
12    believe that the child is in imminent  danger  of  injury  or
13    death  if  left cannot be cared for at home or in the custody
14    of the person responsible for  the  child's  welfare  without
15    endangering  the  child's  health or safety; and (2) there is
16    not time to apply for a court order under the Juvenile  Court
17    Act  of  1987  for temporary custody of the child. The person
18    taking or retaining a child in temporary  protective  custody
19    shall  immediately make every reasonable effort to notify the
20    person  responsible  for  the  child's  welfare   and   shall
21    immediately notify the Department.  If the officer, employee,
22    or  physician  does  not  have  the  consent  of  the  person
23    responsible  for the child's welfare and does not have reason
24    to believe that the child is in imminent danger of injury  or
25    death  if  left  at  home  or  in  the  custody of the person
26    responsible  for  the  child's  welfare,  then  the  officer,
27    employee,  or  physician  may  take   or   retain   temporary
28    protective  custody of the child only if (i) a court issues a
29    warrant  to  take  the  child  into  custody  based  on   the
30    officer's,  employee's,  or  physician's  belief and evidence
31    that the child cannot be cared for at home or in the  custody
 
                            -2-      LRB093 11631 DRJ 15079 b
 1    of  the  person  responsible  for the child's welfare without
 2    endangering the child's health or safety and  (ii)  there  is
 3    not  time to apply for a court order for temporary custody of
 4    the child under the Juvenile Court Act of 1987.
 5        The Department shall provide to the  temporary  caretaker
 6    of  a  child  any  information in the Department's possession
 7    concerning the positive results of a test  performed  on  the
 8    child to determine the presence of the antibody or antigen to
 9    Human  Immunodeficiency  Virus (HIV), or of HIV infection, as
10    well as any communicable diseases or communicable  infections
11    that the child has.  The temporary caretaker of a child shall
12    not  disclose  to  another person any information received by
13    the temporary caretaker from the  Department  concerning  the
14    results  of  a  test  performed on the child to determine the
15    presence of the  antibody  or  antigen  to  HIV,  or  of  HIV
16    infection,   except   pursuant  to  Section  9  of  the  AIDS
17    Confidentiality  Act,  as  now  or  hereafter  amended.   The
18    Department shall  promptly  initiate  proceedings  under  the
19    Juvenile  Court  Act  of  1987  for  the  continued temporary
20    custody of the child.
21        Where the physician keeping a child in his  custody  does
22    so  in his capacity as a member of the staff of a hospital or
23    similar institution, he shall notify the person in charge  of
24    the  institution  or  his  designated  agent,  who shall then
25    become responsible for the further care of such child in  the
26    hospital  or  similar  institution under the direction of the
27    Department.
28        Said care includes, but is not limited to the granting of
29    permission to perform emergency medical treatment to a  minor
30    where  the  treatment  itself  does not involve a substantial
31    risk of harm to the minor and  the  failure  to  render  such
32    treatment  will  likely  result in death or permanent harm to
33    the minor, and there is not time to apply for a  court  order
34    under the Juvenile Court Act of 1987.
 
                            -3-      LRB093 11631 DRJ 15079 b
 1        Any  person  authorized  and  acting in good faith in the
 2    removal of a child under this  Section  shall  have  immunity
 3    from any liability, civil or criminal that might otherwise be
 4    incurred  or  imposed  as  a  result  of  such  removal.  Any
 5    physician  authorized  and  acting  in  good  faith  and   in
 6    accordance  with acceptable medical practice in the treatment
 7    of a child under this Section shall have  immunity  from  any
 8    liability,   civil  or  criminal,  that  might  otherwise  be
 9    incurred or imposed as a result of  granting  permission  for
10    emergency treatment.
11        With respect to any child taken into temporary protective
12    custody  pursuant to this Section, the Department of Children
13    and  Family  Services  Guardianship  Administrator   or   his
14    designee  shall  be  deemed  the  child's  legally authorized
15    representative for purposes of consenting to an HIV  test  if
16    deemed   necessary   and   appropriate  by  the  Department's
17    Guardianship Administrator  or  designee  and  obtaining  and
18    disclosing  information  concerning such test pursuant to the
19    AIDS Confidentiality Act if deemed necessary and  appropriate
20    by  the  Department's  Guardianship Administrator or designee
21    and for purposes of consenting to the release of  information
22    pursuant  to  the  Illinois  Sexually  Transmissible  Disease
23    Control  Act  if  deemed  necessary  and  appropriate  by the
24    Department's  Guardianship  Administrator  or  designee.  The
25    Guardianship Administrator has no such authority  to  consent
26    to  an  HIV  test  or  obtain and disclose information if the
27    child has not been taken into temporary protective custody as
28    provided in this Section.
29        Any person who administers an HIV test upon  the  consent
30    of   the   Department   of   Children   and  Family  Services
31    Guardianship Administrator or his designee, or who  discloses
32    the  results  of  such tests to the Department's Guardianship
33    Administrator or his designee, shall have immunity  from  any
34    liability, civil, criminal or otherwise, that might result by
 
                            -4-      LRB093 11631 DRJ 15079 b
 1    reason  of  such actions. For the purpose of any proceedings,
 2    civil or criminal, the good faith of any persons required  to
 3    administer  or disclose the results of tests, or permitted to
 4    take such actions, shall be presumed.
 5    (Source: P.A. 90-28, eff. 1-1-98.)

 6        (325 ILCS 5/6) (from Ch. 23, par. 2056)
 7        Sec. 6.  Any person  required  to  investigate  cases  of
 8    suspected  child  abuse  or  neglect  may take or cause to be
 9    taken, at Department expense, color photographs and x-rays of
10    the  child  who  is  the  subject  of  a  report,  and  color
11    photographs of the physical environment in which the  alleged
12    abuse or neglect has taken place.  The person seeking to take
13    such  photographs  or x-rays must first obtain the consent of
14    the parent, guardian, or other  person  responsible  for  the
15    child's welfare, unless the person has reason to believe that
16    the  child  is  in imminent danger of injury or death. If the
17    person has such a reasonable belief, the  person  must  shall
18    make every reasonable effort to notify the person responsible
19    for the child's welfare.
20    (Source: P.A. 84-611.) changing

21        (325 ILCS 5/7.5) (from Ch. 23, par. 2057.5)
22        Sec. 7.5.  If the Child Protective Service Unit is denied
23    reasonable  access to a child by the parents or other persons
24    and it deems that the health, safety, and best  interests  of
25    the  child so require, it shall request the intervention of a
26    local law enforcement agency  for the  purpose  of  examining
27    and  interviewing  the child if it has reason to believe that
28    the child is in imminent danger of injury or  death.  If  the
29    Child Protective Service Unit does not have reason to believe
30    that  the  child is in imminent danger of injury or death, it
31    must or seek  an  appropriate  court  order  to  examine  and
32    interview the child.
 
                            -5-      LRB093 11631 DRJ 15079 b
 1    (Source: P.A. 90-28, eff. 1-1-98.)

 2        Section 10.  The Juvenile Court Act of 1987 is amended by
 3    changing Section 2-5 as follows:

 4        (705 ILCS 405/2-5) (from Ch. 37, par. 802-5)
 5        Sec.  2-5.  Taking  into  custody.  (1) A law enforcement
 6    officer may, without a warrant, take into temporary custody a
 7    minor (a) whom the officer with reasonable cause believes  to
 8    be  a person described in Section 2-3 or 2-4, but only if the
 9    officer also has reasonable cause to believe that  the  minor
10    is  in  imminent  danger of injury or death; (b) who has been
11    adjudged a ward  of  the  court  and  has  escaped  from  any
12    commitment ordered by the court under this Act; or (c) who is
13    found  in  any  street  or  public  place  suffering from any
14    sickness or injury which requires care, medical treatment  or
15    hospitalization.
16        (2)  Whenever  a  petition  has  been filed under Section
17    2-13 and the court finds that the conduct and behavior of the
18    minor may endanger the health, person, welfare,  or  property
19    of  himself  or  others or that the circumstances of his home
20    environment may  endanger  his  health,  person,  welfare  or
21    property,  a  warrant  may  be issued immediately to take the
22    minor into custody.
23        (3)  The taking of a minor into temporary  custody  under
24    this Section is not an arrest nor does it constitute a police
25    record.
26    (Source: P.A. 85-601.)