Full Text of SB2504 95th General Assembly
SB2504 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2504
Introduced 2/15/2008, by Sen. Dan Kotowski SYNOPSIS AS INTRODUCED: |
|
325 ILCS 5/3 |
from Ch. 23, par. 2053 |
|
Amends the Abused and Neglected Child Reporting Act. Provides that "abused child" means a child with respect to whom any person inflicts injury or commits other specified acts (instead of meaning a child whose parent or immediate family
member,
or any person responsible for the child's welfare, or any individual
residing in the same home as the child, or a paramour of the child's parent, commits any of those acts).
|
| |
|
|
A BILL FOR
|
|
|
|
|
SB2504 |
|
LRB095 17449 DRJ 43521 b |
|
| 1 |
| AN ACT concerning 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 with respect to whom any | 19 |
| person whose parent or immediate family
member,
or any person | 20 |
| responsible for the child's welfare, or any individual
residing | 21 |
| in the same home as the child, or a paramour of the child's | 22 |
| parent :
| 23 |
| (a) inflicts, causes to be inflicted, or allows to be
|
|
|
|
SB2504 |
- 2 - |
LRB095 17449 DRJ 43521 b |
|
| 1 |
| inflicted upon
such child physical injury, by other than | 2 |
| accidental means, which causes
death, disfigurement, | 3 |
| impairment of physical or
emotional health, or loss or | 4 |
| impairment of any bodily function;
| 5 |
| (b) creates a substantial risk of physical injury to | 6 |
| such
child by
other than accidental means which would be | 7 |
| likely to cause death,
disfigurement, impairment of | 8 |
| physical or emotional health, or loss or
impairment of any | 9 |
| bodily function;
| 10 |
| (c) commits or allows to be committed any sex offense | 11 |
| against
such child,
as such sex offenses are defined in the | 12 |
| Criminal Code of 1961, as amended,
and extending those | 13 |
| definitions of sex offenses to include children under
18 | 14 |
| years of age;
| 15 |
| (d) commits or allows to be committed an act or acts of
| 16 |
| torture upon
such child;
| 17 |
| (e) inflicts excessive corporal punishment;
| 18 |
| (f) commits or allows to be committed
the offense of
| 19 |
| female
genital mutilation, as defined in Section 12-34 of | 20 |
| the Criminal Code of
1961, against the child; or
| 21 |
| (g) causes to be sold, transferred, distributed, or | 22 |
| given to
such child
under 18 years of age, a controlled | 23 |
| substance as defined in Section 102 of the
Illinois | 24 |
| Controlled Substances Act in violation of Article IV of the | 25 |
| Illinois
Controlled Substances Act or in violation of the | 26 |
| Methamphetamine Control and Community Protection Act, |
|
|
|
SB2504 |
- 3 - |
LRB095 17449 DRJ 43521 b |
|
| 1 |
| except for controlled substances that are prescribed
in | 2 |
| accordance with Article III of the Illinois Controlled | 3 |
| Substances Act and
are dispensed to such child in a manner | 4 |
| that substantially complies with the
prescription.
| 5 |
| A child shall not be considered abused for the sole reason | 6 |
| that the child
has been relinquished in accordance with the | 7 |
| Abandoned Newborn Infant
Protection Act.
| 8 |
| "Neglected child" means any child who is not receiving the | 9 |
| proper or
necessary nourishment or medically indicated | 10 |
| treatment including food or care
not provided solely on the | 11 |
| basis of the present or anticipated mental or
physical | 12 |
| impairment as determined by a physician acting alone or in
| 13 |
| consultation with other physicians or otherwise is not | 14 |
| receiving the proper or
necessary support or medical or other | 15 |
| remedial care recognized under State law
as necessary for a | 16 |
| child's well-being, or other care necessary for his or her
| 17 |
| well-being, including adequate food, clothing and shelter; or | 18 |
| who is abandoned
by his or her parents or other person | 19 |
| responsible for the child's welfare
without a proper plan of | 20 |
| care; or who has been provided with interim crisis intervention | 21 |
| services under
Section 3-5 of
the Juvenile Court Act of 1987 | 22 |
| and whose parent, guardian, or custodian refuses to
permit
the | 23 |
| child to return home and no other living arrangement agreeable
| 24 |
| to the parent, guardian, or custodian can be made, and the | 25 |
| parent, guardian, or custodian has not made any other | 26 |
| appropriate living arrangement for the child; or who is a |
|
|
|
SB2504 |
- 4 - |
LRB095 17449 DRJ 43521 b |
|
| 1 |
| newborn infant whose blood, urine,
or meconium
contains any | 2 |
| amount of a controlled substance as defined in subsection (f) | 3 |
| of
Section 102 of the Illinois Controlled Substances Act or a | 4 |
| metabolite thereof,
with the exception of a controlled | 5 |
| substance or metabolite thereof whose
presence in the newborn | 6 |
| infant is the result of medical treatment administered
to the | 7 |
| mother or the newborn infant. A child shall not be considered | 8 |
| neglected
for the sole reason that the child's parent or other | 9 |
| person responsible for his
or her welfare has left the child in | 10 |
| the care of an adult relative for any
period of time. A child | 11 |
| shall not be considered neglected for the sole reason
that the | 12 |
| child has been relinquished in accordance with the Abandoned | 13 |
| Newborn
Infant Protection Act. A child shall not be considered | 14 |
| neglected or abused
for the
sole reason that such child's | 15 |
| parent or other person responsible for his or her
welfare | 16 |
| depends upon spiritual means through prayer alone for the | 17 |
| treatment or
cure of disease or remedial care as provided under | 18 |
| Section 4 of this Act. A
child shall not be considered | 19 |
| neglected or abused solely because the child is
not attending | 20 |
| school in accordance with the requirements of Article 26 of The
| 21 |
| School Code, as amended.
| 22 |
| "Child Protective Service Unit" means certain specialized | 23 |
| State employees of
the Department assigned by the Director to | 24 |
| perform the duties and
responsibilities as provided under | 25 |
| Section 7.2 of this Act.
| 26 |
| "Person responsible for the child's welfare" means the |
|
|
|
SB2504 |
- 5 - |
LRB095 17449 DRJ 43521 b |
|
| 1 |
| child's parent;
guardian; foster parent; relative caregiver; | 2 |
| any person responsible for the
child's welfare in a public or | 3 |
| private residential agency or institution; any
person | 4 |
| responsible for the child's welfare within a public or private | 5 |
| profit or
not for profit child care facility; or any other | 6 |
| person responsible for the
child's welfare at the time of the | 7 |
| alleged abuse or neglect, or any person who
came to know the | 8 |
| child through an official capacity or position of trust,
| 9 |
| including but not limited to health care professionals, | 10 |
| educational personnel,
recreational supervisors, members of | 11 |
| the clergy, and volunteers or
support personnel in any setting
| 12 |
| where children may be subject to abuse or neglect.
| 13 |
| "Temporary protective custody" means custody within a | 14 |
| hospital or
other medical facility or a place previously | 15 |
| designated for such custody
by the Department, subject to | 16 |
| review by the Court, including a licensed
foster home, group | 17 |
| home, or other institution; but such place shall not
be a jail | 18 |
| or other place for the detention of criminal or juvenile | 19 |
| offenders.
| 20 |
| "An unfounded report" means any report made under this Act | 21 |
| for which
it is determined after an investigation that no | 22 |
| credible evidence of
abuse or neglect exists.
| 23 |
| "An indicated report" means a report made under this Act if | 24 |
| an
investigation determines that credible evidence of the | 25 |
| alleged
abuse or neglect exists.
| 26 |
| "An undetermined report" means any report made under this |
|
|
|
SB2504 |
- 6 - |
LRB095 17449 DRJ 43521 b |
|
| 1 |
| Act in
which it was not possible to initiate or complete an | 2 |
| investigation on
the basis of information provided to the | 3 |
| Department.
| 4 |
| "Subject of report" means any child reported to the central | 5 |
| register
of child abuse and neglect established under Section | 6 |
| 7.7 of this Act and
his or her parent, guardian or other person | 7 |
| responsible
who is also named in the report.
| 8 |
| "Perpetrator" means a person who, as a result of | 9 |
| investigation, has
been determined by the Department to have | 10 |
| caused child abuse or neglect.
| 11 |
| "Member of the clergy" means a clergyman or practitioner of | 12 |
| any religious
denomination accredited by the religious body to | 13 |
| which he or she belongs.
| 14 |
| (Source: P.A. 94-556, eff. 9-11-05; 95-443, eff. 1-1-08.)
|
|