Full Text of SB0108 95th General Assembly
SB0108 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0108
Introduced 1/31/2007, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
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325 ILCS 5/3 |
from Ch. 23, par. 2053 |
705 ILCS 405/2-3 |
from Ch. 37, par. 802-3 |
705 ILCS 405/3-5 |
from Ch. 37, par. 803-5 |
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Amends the Abused and Neglected Child Reporting Act and the Juvenile Court
Act of 1987. Provides that a "neglected child" includes a child who has been
provided
with interim crisis intervention services under the Juvenile Court Act of 1987 and whose
parent, guardian, or custodian refuses to permit the child to return home. Requires the DCFS Child Protective Service Unit to begin an investigation
of a report concerning such a child within 24 hours after receiving the report and determine whether to take the child into temporary protective custody and whether to file
a petition alleging neglect or abuse.
Provides that no minor shall be sheltered in a temporary living arrangement for more than 48 hours, excluding Saturdays, Sundays, and court-designated holidays, when the agency has reported the minor as neglected or abused because the parent, guardian, or custodian refuses to permit the child to return home, provided that in all other instances the minor may be sheltered when the agency obtains the consent of the parent, guardian, or custodian or documents its unsuccessful efforts to obtain the consent or authority of the parent, guardian, or custodian, including recording the date and the staff involved in all telephone calls, telegrams, letters, and personal contacts to obtain the consent or authority, in which instances the minor may be so sheltered for not more than 21 days. |
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A BILL FOR
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SB0108 |
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| AN ACT in relation to children.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Abused and Neglected Child Reporting Act is | 5 |
| amended by changing Section 3 as follows:
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| (325 ILCS 5/3) (from Ch. 23, par. 2053)
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| Sec. 3. As used in this Act unless the context otherwise | 8 |
| requires:
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| "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.
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| "Department" means Department of Children and Family | 13 |
| Services.
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| "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.
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| "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:
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| (a) inflicts, causes to be inflicted, or allows to be
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| inflicted upon
such child physical injury, by other than |
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| accidental means, which causes
death, disfigurement, | 2 |
| impairment of physical or
emotional health, or loss or | 3 |
| impairment of any bodily function;
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| (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;
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| (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;
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| (d) commits or allows to be committed an act or acts of
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| torture upon
such child;
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| (e) inflicts excessive corporal punishment;
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| (f) commits or allows to be committed
the offense of
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| female
genital mutilation, as defined in Section 12-34 of | 19 |
| the Criminal Code of
1961, against the child; or
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| (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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| 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.
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| 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.
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| "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
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| 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
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| 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; or who is a newborn infant whose blood, | 23 |
| urine,
or meconium
contains any amount of a controlled | 24 |
| substance as defined in subsection (f) of
Section 102 of the | 25 |
| Illinois Controlled Substances Act or a metabolite thereof,
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| with the exception of a controlled substance or metabolite |
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| thereof whose
presence in the newborn infant is the result of | 2 |
| medical treatment administered
to the mother or the newborn | 3 |
| infant. A child shall not be considered neglected
for the sole | 4 |
| reason that the child's parent or other person responsible for | 5 |
| his
or her welfare has left the child in the care of an adult | 6 |
| relative for any
period of time. A child shall not be | 7 |
| considered neglected for the sole reason
that the child has | 8 |
| been relinquished in accordance with the Abandoned Newborn
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| Infant Protection Act. A child shall not be considered | 10 |
| neglected or abused
for the
sole reason that such child's | 11 |
| parent or other person responsible for his or her
welfare | 12 |
| depends upon spiritual means through prayer alone for the | 13 |
| treatment or
cure of disease or remedial care as provided under | 14 |
| Section 4 of this Act. A
child shall not be considered | 15 |
| neglected or abused solely because the child is
not attending | 16 |
| school in accordance with the requirements of Article 26 of The
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| School Code, as amended.
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| "Child Protective Service Unit" means certain specialized | 19 |
| State employees of
the Department assigned by the Director to | 20 |
| perform the duties and
responsibilities as provided under | 21 |
| Section 7.2 of this Act.
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| "Person responsible for the child's welfare" means the | 23 |
| child's parent;
guardian; foster parent; relative caregiver; | 24 |
| any person responsible for the
child's welfare in a public or | 25 |
| private residential agency or institution; any
person | 26 |
| responsible for the child's welfare within a public or private |
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| profit or
not for profit child care facility; or any other | 2 |
| person responsible for the
child's welfare at the time of the | 3 |
| alleged abuse or neglect, or any person who
came to know the | 4 |
| child through an official capacity or position of trust,
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| including but not limited to health care professionals, | 6 |
| educational personnel,
recreational supervisors, members of | 7 |
| the clergy, and volunteers or
support personnel in any setting
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| where children may be subject to abuse or neglect.
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| "Temporary protective custody" means custody within a | 10 |
| hospital or
other medical facility or a place previously | 11 |
| designated for such custody
by the Department, subject to | 12 |
| review by the Court, including a licensed
foster home, group | 13 |
| home, or other institution; but such place shall not
be a jail | 14 |
| or other place for the detention of criminal or juvenile | 15 |
| offenders.
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| "An unfounded report" means any report made under this Act | 17 |
| for which
it is determined after an investigation that no | 18 |
| credible evidence of
abuse or neglect exists.
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| "An indicated report" means a report made under this Act if | 20 |
| an
investigation determines that credible evidence of the | 21 |
| alleged
abuse or neglect exists.
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| "An undetermined report" means any report made under this | 23 |
| Act in
which it was not possible to initiate or complete an | 24 |
| investigation on
the basis of information provided to the | 25 |
| Department.
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| "Subject of report" means any child reported to the central |
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| register
of child abuse and neglect established under Section | 2 |
| 7.7 of this Act and
his or her parent, guardian or other person | 3 |
| responsible
who is also named in the report.
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| "Perpetrator" means a person who, as a result of | 5 |
| investigation, has
been determined by the Department to have | 6 |
| caused child abuse or neglect.
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| "Member of the clergy" means a clergyman or practitioner of | 8 |
| any religious
denomination accredited by the religious body to | 9 |
| which he or she belongs.
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| (Source: P.A. 94-556, eff. 9-11-05.)
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| Section 10. The Juvenile Court Act of 1987 is amended by | 12 |
| changing
Sections 2-3 and 3-5 as follows:
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| (705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
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| Sec. 2-3. Neglected or abused minor.
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| (1) Those who are neglected include:
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| (a) any minor under 18 years of age who is not | 17 |
| receiving
the proper or necessary support, education as
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| required by law, or medical or other remedial care | 19 |
| recognized under
State law as necessary for a minor's | 20 |
| well-being, or other care necessary
for his or her | 21 |
| well-being, including adequate food, clothing and shelter,
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| or who is abandoned by his or her parents or other person | 23 |
| responsible for
the minor's welfare, except that a minor | 24 |
| shall not be considered neglected
for the sole reason that |
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| the minor's parent or other person responsible for the
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| minor's welfare has left the minor in the care of an adult | 3 |
| relative for any
period of time; or
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| (b) any minor under 18 years of age whose environment | 5 |
| is injurious
to his or her welfare; or
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| (c) any newborn infant whose blood, urine, or meconium
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| contains any amount of a
controlled substance as defined in | 8 |
| subsection (f) of Section 102 of the
Illinois Controlled | 9 |
| Substances Act, as now or hereafter amended, or a
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| metabolite of a controlled substance, with the exception of | 11 |
| controlled
substances or metabolites of such substances, | 12 |
| the presence of which in the
newborn infant is the result | 13 |
| of medical treatment administered to the
mother or the | 14 |
| newborn infant; or
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| (d) any minor under the age of 14 years whose parent or | 16 |
| other person
responsible for the minor's welfare leaves the | 17 |
| minor without
supervision for an unreasonable period of | 18 |
| time without regard for the mental or
physical health, | 19 |
| safety, or welfare of that minor ; or
.
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| (e) any minor who has been provided with interim crisis | 21 |
| intervention
services under Section 3-5 of this Act and | 22 |
| whose parent, guardian, or custodian
refuses to permit the | 23 |
| minor to return home.
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| Whether the minor was left without regard for the mental or | 25 |
| physical health,
safety, or welfare of that minor or the period | 26 |
| of time was unreasonable shall
be determined by considering the |
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| following factors, including but not limited
to:
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| (1) the age of the minor;
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| (2) the number of minors left at the location;
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| (3) special needs of the minor, including whether the | 5 |
| minor is physically
or mentally handicapped, or otherwise | 6 |
| in need of ongoing prescribed medical
treatment such as | 7 |
| periodic doses of insulin or other medications;
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| (4) the duration of time in which the minor was left | 9 |
| without supervision;
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| (5) the condition and location of the place where the | 11 |
| minor was left
without supervision;
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| (6) the time of day or night when the minor was left | 13 |
| without supervision;
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| (7) the weather conditions, including whether the | 15 |
| minor was left in a
location with adequate protection from | 16 |
| the natural elements such as adequate
heat or light;
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| (8) the location of the parent or guardian at the time | 18 |
| the minor was left
without supervision, the physical | 19 |
| distance the minor was from the parent or
guardian at the | 20 |
| time the minor was without supervision;
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| (9) whether the minor's movement was restricted, or the | 22 |
| minor was
otherwise locked within a room or other | 23 |
| structure;
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| (10) whether the minor was given a phone number of a | 25 |
| person or location to
call in the event of an emergency and | 26 |
| whether the minor was capable of making
an emergency call;
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| (11) whether there was food and other provision left | 2 |
| for the minor;
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| (12) whether any of the conduct is attributable to | 4 |
| economic hardship or
illness and the parent, guardian or | 5 |
| other person having physical custody or
control of the | 6 |
| child made a good faith effort to provide for the health | 7 |
| and
safety of the minor;
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| (13) the age and physical and mental capabilities of | 9 |
| the person or persons
who provided supervision for the | 10 |
| minor;
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| (14) whether the minor was left under the supervision | 12 |
| of another person;
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| (15) any other factor that would endanger the health | 14 |
| and safety of that
particular minor.
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| A minor shall not be considered neglected for the sole | 16 |
| reason that the
minor has been relinquished in accordance with | 17 |
| the Abandoned Newborn Infant
Protection Act.
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| (2) Those who are abused include any minor under 18 years | 19 |
| of age whose
parent or immediate family member, or any person | 20 |
| responsible
for the minor's welfare, or any person who is in | 21 |
| the same family or household
as the minor, or any individual | 22 |
| residing in the same home as the minor, or
a paramour of the | 23 |
| minor's parent:
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| (i) inflicts, causes to be inflicted, or allows to be | 25 |
| inflicted upon
such minor physical injury, by other than | 26 |
| accidental means, which causes death,
disfigurement, |
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| impairment of physical or emotional health, or loss or
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| impairment of any bodily function;
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| (ii) creates a substantial risk of physical injury to | 4 |
| such minor by
other than accidental means which would be | 5 |
| likely to cause death,
disfigurement, impairment of | 6 |
| emotional health, or loss or impairment of any
bodily | 7 |
| function;
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| (iii) commits or allows to be committed any sex offense | 9 |
| against such
minor, as such sex offenses are defined in the | 10 |
| Criminal Code of 1961, as
amended, and extending those | 11 |
| definitions of sex offenses to include minors
under 18 | 12 |
| years of age;
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| (iv) commits or allows to be committed an act or acts | 14 |
| of torture upon
such minor; or
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| (v) inflicts excessive corporal punishment.
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| A minor shall not be considered abused for the sole reason | 17 |
| that the minor
has been relinquished in accordance with the | 18 |
| Abandoned Newborn Infant
Protection Act.
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| (3) This Section does not apply to a minor who would be | 20 |
| included
herein solely for the purpose of qualifying for | 21 |
| financial assistance for
himself, his parents, guardian or | 22 |
| custodian.
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| (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
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| (705 ILCS 405/3-5) (from Ch. 37, par. 803-5)
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| Sec. 3-5. Interim crisis intervention services. (a) Any |
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| minor who
is taken into limited custody, or who independently | 2 |
| requests
or is referred for assistance, may be provided crisis | 3 |
| intervention services
by an agency or association, as defined | 4 |
| in this Act,
provided the association or agency staff (i) | 5 |
| immediately investigate the
circumstances of the minor and the | 6 |
| facts surrounding the minor being taken
into custody and | 7 |
| promptly explain these
facts and circumstances to the minor, | 8 |
| and (ii) make a reasonable effort
to inform the minor's parent, | 9 |
| guardian or custodian of the fact that the
minor has been taken | 10 |
| into limited custody and where the minor is being
kept, and | 11 |
| (iii) if the minor consents, make a reasonable effort
to | 12 |
| transport, arrange for the transportation of, or otherwise | 13 |
| release the
minor to the parent, guardian or custodian. Upon | 14 |
| release of the child who
is believed to need or benefit from | 15 |
| medical, psychological, psychiatric
or social services, the | 16 |
| association or agency may inform the minor and the
person to | 17 |
| whom the minor is released of the nature and location of | 18 |
| appropriate
services and shall, if requested, assist in | 19 |
| establishing contact between
the family and other associations | 20 |
| or agencies providing such services. If the
agency or | 21 |
| association is unable by all reasonable efforts to contact a | 22 |
| parent,
guardian or custodian, or if the person contacted lives | 23 |
| an unreasonable
distance away, or if the minor refuses to be | 24 |
| taken to his or her home
or other appropriate residence, or if | 25 |
| the agency or association is otherwise
unable despite all | 26 |
| reasonable efforts to make arrangements for the safe
return of |
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| the minor, the minor may be taken to a temporary living
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| arrangement which is in compliance with the Child Care Act of | 3 |
| 1969 or which
is with persons agreed to by the parents and the | 4 |
| agency or association.
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| (b) An agency or association is authorized to permit a | 6 |
| minor to be sheltered
in a temporary living arrangement | 7 |
| provided the agency seeks to effect the
minor's return home or | 8 |
| alternative living arrangements agreeable to the
minor and the | 9 |
| parent, guardian or custodian
as soon as practicable. No minor | 10 |
| shall be sheltered in a temporary living arrangement for more | 11 |
| than 48 hours, excluding Saturdays, Sundays, and | 12 |
| court-designated holidays, when the agency has reported the | 13 |
| minor as neglected or abused because the parent, guardian, or | 14 |
| custodian refuses to permit the child to return home, provided | 15 |
| that in all other instances the minor may be sheltered when the | 16 |
| agency obtains the consent of the parent, guardian, or | 17 |
| custodian or documents its unsuccessful efforts to obtain the | 18 |
| consent or authority of the parent, guardian, or custodian, | 19 |
| including recording the date and the staff involved in all | 20 |
| telephone calls, telegrams, letters, and personal contacts to | 21 |
| obtain the consent or authority, in which instances the minor | 22 |
| may be so sheltered for not more than 21 days. If the parent, | 23 |
| guardian or custodian refuses to
permit the minor to return | 24 |
| home, and no other living arrangement agreeable
to the minor | 25 |
| and the parent, guardian, or custodian can be made, the agency
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| may deem the minor to be neglected and report the neglect to |
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| the Department
of Children
and Family Services as provided in | 2 |
| the Abused and Neglected Child Reporting
Act. The
Child | 3 |
| Protective Service Unit of the Department of Children and | 4 |
| Family Services
shall
begin an investigation of the report | 5 |
| within 24 hours after receiving the report
and shall
determine | 6 |
| whether to take the minor into temporary protective custody and
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| whether to
shall file a petition alleging that the minor is | 8 |
| neglected or abused as
described in Section 2-3 of this Act. | 9 |
| The Department may take the minor into temporary protective | 10 |
| custody at any time after receiving the report, provided that | 11 |
| the Department shall take temporary protective custody within | 12 |
| 48 hours of receiving the report if its investigation is not | 13 |
| completed.
No minor shall be sheltered in a
temporary living | 14 |
| arrangement for more than 48 hours, excluding Saturdays,
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| Sundays and court-designated holidays, without parental | 16 |
| consent unless the
agency documents its unsuccessful efforts to | 17 |
| contact a parent or guardian,
including recording the date and | 18 |
| time and staff involved in all telephone
calls, telegrams, | 19 |
| letters, and personal contacts to obtain the consent or
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| authority, in which case the minor may be so sheltered for not | 21 |
| more than 21 days.
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| (c) Any agency or association or employee thereof acting | 23 |
| reasonably and
in good faith in the care of a minor being | 24 |
| provided interim crisis
intervention services and shelter care | 25 |
| shall be immune from any civil or
criminal liability resulting | 26 |
| from such care.
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| (Source: P.A. 85-601.)
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