Full Text of SB0108 95th General Assembly
SB0108enr 95TH GENERAL ASSEMBLY
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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 and no other living arrangement agreeable
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| to the parent, guardian, or custodian can be made, and the | 24 |
| parent, guardian, or custodian has not made any other | 25 |
| appropriate living arrangement for the child; or who is a | 26 |
| newborn infant whose blood, urine,
or meconium
contains any |
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| amount of a controlled substance as defined in subsection (f) | 2 |
| of
Section 102 of the Illinois Controlled Substances Act or a | 3 |
| metabolite thereof,
with the exception of a controlled | 4 |
| substance or metabolite thereof whose
presence in the newborn | 5 |
| infant is the result of medical treatment administered
to the | 6 |
| mother or the newborn infant. A child shall not be considered | 7 |
| neglected
for the sole reason that the child's parent or other | 8 |
| person responsible for his
or her welfare has left the child in | 9 |
| the care of an adult relative for any
period of time. A child | 10 |
| shall not be considered neglected for the sole reason
that the | 11 |
| child has been relinquished in accordance with the Abandoned | 12 |
| Newborn
Infant Protection Act. A child shall not be considered | 13 |
| neglected or abused
for the
sole reason that such child's | 14 |
| parent or other person responsible for his or her
welfare | 15 |
| depends upon spiritual means through prayer alone for the | 16 |
| treatment or
cure of disease or remedial care as provided under | 17 |
| Section 4 of this Act. A
child shall not be considered | 18 |
| neglected or abused solely because the child is
not attending | 19 |
| 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 | 22 |
| State employees of
the Department assigned by the Director to | 23 |
| perform the duties and
responsibilities as provided under | 24 |
| Section 7.2 of this Act.
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| "Person responsible for the child's welfare" means the | 26 |
| child's parent;
guardian; foster parent; relative caregiver; |
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| any person responsible for the
child's welfare in a public or | 2 |
| private residential agency or institution; any
person | 3 |
| responsible for the child's welfare within a public or private | 4 |
| profit or
not for profit child care facility; or any other | 5 |
| person responsible for the
child's welfare at the time of the | 6 |
| alleged abuse or neglect, or any person who
came to know the | 7 |
| child through an official capacity or position of trust,
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| including but not limited to health care professionals, | 9 |
| educational personnel,
recreational supervisors, members of | 10 |
| 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 | 13 |
| hospital or
other medical facility or a place previously | 14 |
| designated for such custody
by the Department, subject to | 15 |
| review by the Court, including a licensed
foster home, group | 16 |
| home, or other institution; but such place shall not
be a jail | 17 |
| or other place for the detention of criminal or juvenile | 18 |
| offenders.
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| "An unfounded report" means any report made under this Act | 20 |
| for which
it is determined after an investigation that no | 21 |
| credible evidence of
abuse or neglect exists.
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| "An indicated report" means a report made under this Act if | 23 |
| an
investigation determines that credible evidence of the | 24 |
| alleged
abuse or neglect exists.
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| "An undetermined report" means any report made under this | 26 |
| Act in
which it was not possible to initiate or complete an |
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| investigation on
the basis of information provided to the | 2 |
| Department.
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| "Subject of report" means any child reported to the central | 4 |
| register
of child abuse and neglect established under Section | 5 |
| 7.7 of this Act and
his or her parent, guardian or other person | 6 |
| responsible
who is also named in the report.
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| "Perpetrator" means a person who, as a result of | 8 |
| investigation, has
been determined by the Department to have | 9 |
| caused child abuse or neglect.
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| "Member of the clergy" means a clergyman or practitioner of | 11 |
| any religious
denomination accredited by the religious body to | 12 |
| 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 | 15 |
| 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 | 20 |
| receiving
the proper or necessary support, education as
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| required by law, or medical or other remedial care | 22 |
| recognized under
State law as necessary for a minor's | 23 |
| well-being, or other care necessary
for his or her | 24 |
| well-being, including adequate food, clothing and shelter,
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| or who is abandoned by his or her parents or other person | 2 |
| responsible for
the minor's welfare, except that a minor | 3 |
| shall not be considered neglected
for the sole reason that | 4 |
| 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 | 6 |
| relative for any
period of time; or
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| (b) any minor under 18 years of age whose environment | 8 |
| 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 | 11 |
| subsection (f) of Section 102 of the
Illinois Controlled | 12 |
| Substances Act, as now or hereafter amended, or a
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| metabolite of a controlled substance, with the exception of | 14 |
| controlled
substances or metabolites of such substances, | 15 |
| the presence of which in the
newborn infant is the result | 16 |
| of medical treatment administered to the
mother or the | 17 |
| newborn infant; or
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| (d) any minor under the age of 14 years whose parent or | 19 |
| other person
responsible for the minor's welfare leaves the | 20 |
| minor without
supervision for an unreasonable period of | 21 |
| time without regard for the mental or
physical health, | 22 |
| safety, or welfare of that minor ; or
.
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| (e) any minor who has been provided with interim crisis | 24 |
| intervention
services under Section 3-5 of this Act and | 25 |
| whose parent, guardian, or custodian
refuses to permit the | 26 |
| minor to return home unless the minor is an immediate |
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| physical danger to himself, herself, or others living in | 2 |
| the home.
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| Whether the minor was left without regard for the mental or | 4 |
| physical health,
safety, or welfare of that minor or the period | 5 |
| of time was unreasonable shall
be determined by considering the | 6 |
| 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 | 10 |
| minor is physically
or mentally handicapped, or otherwise | 11 |
| in need of ongoing prescribed medical
treatment such as | 12 |
| periodic doses of insulin or other medications;
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| (4) the duration of time in which the minor was left | 14 |
| without supervision;
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| (5) the condition and location of the place where the | 16 |
| minor was left
without supervision;
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| (6) the time of day or night when the minor was left | 18 |
| without supervision;
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| (7) the weather conditions, including whether the | 20 |
| minor was left in a
location with adequate protection from | 21 |
| the natural elements such as adequate
heat or light;
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| (8) the location of the parent or guardian at the time | 23 |
| the minor was left
without supervision, the physical | 24 |
| distance the minor was from the parent or
guardian at the | 25 |
| time the minor was without supervision;
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| (9) whether the minor's movement was restricted, or the |
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| minor was
otherwise locked within a room or other | 2 |
| structure;
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| (10) whether the minor was given a phone number of a | 4 |
| person or location to
call in the event of an emergency and | 5 |
| whether the minor was capable of making
an emergency call;
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| (11) whether there was food and other provision left | 7 |
| for the minor;
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| (12) whether any of the conduct is attributable to | 9 |
| economic hardship or
illness and the parent, guardian or | 10 |
| other person having physical custody or
control of the | 11 |
| child made a good faith effort to provide for the health | 12 |
| and
safety of the minor;
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| (13) the age and physical and mental capabilities of | 14 |
| the person or persons
who provided supervision for the | 15 |
| minor;
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| (14) whether the minor was left under the supervision | 17 |
| of another person;
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| (15) any other factor that would endanger the health | 19 |
| and safety of that
particular minor.
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| A minor shall not be considered neglected for the sole | 21 |
| reason that the
minor has been relinquished in accordance with | 22 |
| the Abandoned Newborn Infant
Protection Act.
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| (2) Those who are abused include any minor under 18 years | 24 |
| of age whose
parent or immediate family member, or any person | 25 |
| responsible
for the minor's welfare, or any person who is in | 26 |
| the same family or household
as the minor, or any individual |
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| residing in the same home as the minor, or
a paramour of the | 2 |
| minor's parent:
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| (i) inflicts, causes to be inflicted, or allows to be | 4 |
| inflicted upon
such minor physical injury, by other than | 5 |
| accidental means, which causes death,
disfigurement, | 6 |
| 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 | 9 |
| such minor by
other than accidental means which would be | 10 |
| likely to cause death,
disfigurement, impairment of | 11 |
| emotional health, or loss or impairment of any
bodily | 12 |
| function;
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| (iii) commits or allows to be committed any sex offense | 14 |
| against such
minor, as such sex offenses are defined in the | 15 |
| Criminal Code of 1961, as
amended, and extending those | 16 |
| definitions of sex offenses to include minors
under 18 | 17 |
| years of age;
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| (iv) commits or allows to be committed an act or acts | 19 |
| 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 | 22 |
| that the minor
has been relinquished in accordance with the | 23 |
| Abandoned Newborn Infant
Protection Act.
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| (3) This Section does not apply to a minor who would be | 25 |
| included
herein solely for the purpose of qualifying for | 26 |
| financial assistance for
himself, his parents, guardian or |
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| 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 | 5 |
| minor who
is taken into limited custody, or who independently | 6 |
| requests
or is referred for assistance, may be provided crisis | 7 |
| intervention services
by an agency or association, as defined | 8 |
| in this Act,
provided the association or agency staff (i) | 9 |
| immediately investigate the
circumstances of the minor and the | 10 |
| facts surrounding the minor being taken
into custody and | 11 |
| promptly explain these
facts and circumstances to the minor, | 12 |
| and (ii) make a reasonable effort
to inform the minor's parent, | 13 |
| guardian or custodian of the fact that the
minor has been taken | 14 |
| into limited custody and where the minor is being
kept, and | 15 |
| (iii) if the minor consents, make a reasonable effort
to | 16 |
| transport, arrange for the transportation of, or otherwise | 17 |
| release the
minor to the parent, guardian or custodian. Upon | 18 |
| release of the child who
is believed to need or benefit from | 19 |
| medical, psychological, psychiatric
or social services, the | 20 |
| association or agency may inform the minor and the
person to | 21 |
| whom the minor is released of the nature and location of | 22 |
| appropriate
services and shall, if requested, assist in | 23 |
| establishing contact between
the family and other associations | 24 |
| or agencies providing such services. If the
agency or | 25 |
| association is unable by all reasonable efforts to contact a |
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| parent,
guardian or custodian, or if the person contacted lives | 2 |
| an unreasonable
distance away, or if the minor refuses to be | 3 |
| taken to his or her home
or other appropriate residence, or if | 4 |
| the agency or association is otherwise
unable despite all | 5 |
| reasonable efforts to make arrangements for the safe
return of | 6 |
| 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 | 8 |
| 1969 or which
is with persons agreed to by the parents and the | 9 |
| agency or association.
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| (b) An agency or association is authorized to permit a | 11 |
| minor to be sheltered
in a temporary living arrangement | 12 |
| provided the agency seeks to effect the
minor's return home or | 13 |
| alternative living arrangements agreeable to the
minor and the | 14 |
| parent, guardian or custodian
as soon as practicable. No minor | 15 |
| shall be sheltered in a temporary living arrangement for more | 16 |
| than 48 hours, excluding Saturdays, Sundays, and | 17 |
| court-designated holidays, when the agency has reported the | 18 |
| minor as neglected or abused because the parent, guardian, or | 19 |
| custodian refuses to permit the child to return home, provided | 20 |
| that in all other instances the minor may be sheltered when the | 21 |
| agency obtains the consent of the parent, guardian, or | 22 |
| custodian or documents its unsuccessful efforts to obtain the | 23 |
| consent or authority of the parent, guardian, or custodian, | 24 |
| including recording the date and the staff involved in all | 25 |
| telephone calls, telegrams, letters, and personal contacts to | 26 |
| obtain the consent or authority, in which instances the minor |
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| may be so sheltered for not more than 21 days. If the parent, | 2 |
| guardian or custodian refuses to
permit the minor to return | 3 |
| home, and no other living arrangement agreeable
to the minor | 4 |
| and the parent, guardian, or custodian can be made, and the | 5 |
| parent, guardian, or custodian has not made any other | 6 |
| appropriate living arrangement for the child, the agency
may | 7 |
| deem the minor to be neglected and report the neglect to the | 8 |
| Department
of Children
and Family Services as provided in the | 9 |
| Abused and Neglected Child Reporting
Act. The
Child Protective | 10 |
| Service Unit of the Department of Children and Family Services
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| shall
begin an investigation of the report within 24 hours | 12 |
| after receiving the report
and shall
determine whether to
shall
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| file a petition alleging that the minor is neglected or abused | 14 |
| as
described in Section 2-3 of this Act. Subject to | 15 |
| appropriation, the Department may take the minor into temporary | 16 |
| protective custody at any time after receiving the report, | 17 |
| provided that the Department shall take temporary protective | 18 |
| custody within 48 hours of receiving the report if its | 19 |
| investigation is not completed. If the Department of Children | 20 |
| and Family Services determines that the minor is not a | 21 |
| neglected minor because the minor is an immediate physical | 22 |
| danger to himself, herself, or others living in the home, then | 23 |
| the Department shall take immediate steps to either secure the | 24 |
| minor's immediate admission to a mental health facility, | 25 |
| arrange for law enforcement authorities to take temporary | 26 |
| custody of the minor as a delinquent minor, or take other |
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| appropriate action to assume protective custody in order to | 2 |
| safeguard the minor or others living in the home from immediate | 3 |
| physical danger.
No minor shall be sheltered in a
temporary | 4 |
| living arrangement for more than 48 hours, excluding Saturdays,
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| Sundays and court-designated holidays, without parental | 6 |
| consent unless the
agency documents its unsuccessful efforts to | 7 |
| contact a parent or guardian,
including recording the date and | 8 |
| time and staff involved in all telephone
calls, telegrams, | 9 |
| 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 | 11 |
| more than 21 days.
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| (c) Any agency or association or employee thereof acting | 13 |
| reasonably and
in good faith in the care of a minor being | 14 |
| provided interim crisis
intervention services and shelter care | 15 |
| shall be immune from any civil or
criminal liability resulting | 16 |
| from such care.
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| (Source: P.A. 85-601.)
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