Full Text of HB0520 96th General Assembly
HB0520 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0520
Introduced 2/4/2009, by Rep. Esther Golar SYNOPSIS AS INTRODUCED: |
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705 ILCS 405/1-3 |
from Ch. 37, par. 801-3 |
705 ILCS 405/2-3 |
from Ch. 37, par. 802-3 |
705 ILCS 405/2-4 |
from Ch. 37, par. 802-4 |
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Amends the Juvenile Court Act of 1987. Defines "mentally capable adult relative" and "physically capable adult relative". Provides that a minor shall not be considered neglected
or dependent for the sole reason that the minor's parent or parents or other person or persons responsible for the
minor's welfare have left the minor in the care of a physically and mentally capable adult relative who is willing and able to care for the minor for any
period of time. Effective immediately.
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A BILL FOR
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HB0520 |
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| AN ACT concerning courts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Sections 1-3, 2-3 and 2-4 as follows:
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| (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
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| Sec. 1-3. Definitions. Terms used in this Act, unless the | 8 |
| context
otherwise requires, have the following meanings | 9 |
| ascribed to them:
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| (1) "Adjudicatory hearing" means a hearing to
determine | 11 |
| whether the allegations of a petition under Section 2-13, 3-15 | 12 |
| or
4-12 that a minor under 18 years of age is abused, neglected | 13 |
| or dependent, or
requires authoritative intervention, or | 14 |
| addicted, respectively, are supported
by a preponderance of the | 15 |
| evidence or whether the allegations of a petition
under Section | 16 |
| 5-520 that a minor is delinquent are proved beyond a reasonable
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| doubt.
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| (2) "Adult" means a person 21 years of age or older.
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| (3) "Agency" means a public or private child care facility
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| legally authorized or licensed by this State for placement or | 21 |
| institutional
care or for both placement and institutional | 22 |
| care.
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| (4) "Association" means any organization, public or
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| private, engaged in welfare functions which include services to | 2 |
| or on behalf of
children but does not include "agency" as | 3 |
| herein defined.
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| (4.05) Whenever a "best interest" determination is
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| required, the following factors shall be considered in the | 6 |
| context of the
child's age and developmental needs:
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| (a) the physical safety and welfare of the child, | 8 |
| including food, shelter,
health, and clothing;
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| (b) the development of the child's identity;
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| (c) the child's background and ties, including | 11 |
| familial,
cultural, and religious;
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| (d) the child's sense of attachments, including:
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| (i) where the child actually feels love, | 14 |
| attachment, and a sense of
being valued (as opposed to | 15 |
| where adults believe the child should
feel such love, | 16 |
| attachment, and a sense of being valued);
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| (ii) the child's sense of security;
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| (iii) the child's sense of familiarity;
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| (iv) continuity of affection for the child;
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| (v) the least disruptive placement alternative for | 21 |
| the child;
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| (e) the child's wishes and long-term goals;
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| (f) the child's community ties, including church, | 24 |
| school, and friends;
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| (g) the child's need for permanence which includes the | 26 |
| child's need for
stability and continuity of relationships |
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| with parent figures and with siblings
and other relatives;
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| (h) the uniqueness of every family and child;
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| (i) the risks attendant to entering and being in | 4 |
| substitute care; and
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| (j) the preferences of the persons available to care | 6 |
| for the child.
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| (4.1) "Chronic truant" shall have the definition
ascribed | 8 |
| to it in Section 26-2a of the School Code.
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| (5) "Court" means the circuit court in a session or | 10 |
| division
assigned to hear proceedings under this Act.
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| (6) "Dispositional hearing" means a hearing to
determine | 12 |
| whether a minor should be adjudged to be a ward of the court, | 13 |
| and to
determine what order of disposition should be made in | 14 |
| respect to a minor
adjudged to be a ward of the court.
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| (7) "Emancipated minor" means any minor 16 years of age or | 16 |
| over who has
been completely or partially emancipated under the | 17 |
| Emancipation of
Minors Act or
under this Act.
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| (8) "Guardianship of the person" of a minor
means the duty | 19 |
| and authority to act in the best interests of the minor, | 20 |
| subject
to residual parental rights and responsibilities, to | 21 |
| make important decisions
in matters having a permanent effect | 22 |
| on the life and development of the minor
and to be concerned | 23 |
| with his or her general welfare. It includes but is not
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| necessarily limited to:
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| (a) the authority to consent to marriage, to enlistment | 26 |
| in the armed
forces of the United States, or to a major |
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| medical, psychiatric, and
surgical treatment; to represent | 2 |
| the minor in legal actions; and to make
other decisions of | 3 |
| substantial legal significance concerning the minor;
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| (b) the authority and duty of reasonable visitation, | 5 |
| except to the
extent that these have been limited in the | 6 |
| best interests of the minor by
court order;
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| (c) the rights and responsibilities of legal custody | 8 |
| except where legal
custody has been vested in another | 9 |
| person or agency; and
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| (d) the power to consent to the adoption of the minor, | 11 |
| but only if
expressly conferred on the guardian in | 12 |
| accordance with Section 2-29, 3-30, or
4-27.
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| (9) "Legal custody" means the relationship created by an
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| order of court in the best interests of the minor which imposes | 15 |
| on the
custodian the responsibility of physical possession of a | 16 |
| minor and the duty to
protect, train and discipline him and to | 17 |
| provide him with food, shelter,
education and ordinary medical | 18 |
| care, except as these are limited by residual
parental rights | 19 |
| and responsibilities and the rights and responsibilities of the
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| guardian of the person, if any.
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| (9.1) "Mentally capable adult relative" means a person 21 | 22 |
| years of age or older who is free of learning disabilities, | 23 |
| psychiatric diagnoses, or other mental disabilities that | 24 |
| prevent him or her from providing the care necessary to | 25 |
| safeguard the physical safety and welfare of the minor. | 26 |
| (10) "Minor" means a person under the age of 21 years |
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| subject to
this Act.
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| (11) "Parent" means the father or mother of a child and
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| includes any adoptive parent. It also includes a man (i)
whose | 4 |
| paternity
is presumed or has been established under the law of | 5 |
| this or another
jurisdiction or (ii) who has registered with | 6 |
| the Putative Father Registry in
accordance with Section 12.1 of | 7 |
| the Adoption Act and whose paternity has not
been ruled out | 8 |
| under the law of this or another jurisdiction. It does not
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| include a
parent whose rights in respect to the
minor have been | 10 |
| terminated in any manner provided by law.
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| (11.1) "Permanency goal" means a goal set by the court as | 12 |
| defined in
subdivision (2) of Section 2-28.
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| (11.2) "Permanency hearing" means a hearing to set the | 14 |
| permanency goal and
to review and determine (i) the | 15 |
| appropriateness of the services contained in
the plan and | 16 |
| whether those services have been provided, (ii) whether | 17 |
| reasonable
efforts have been made by all the parties to the | 18 |
| service plan to achieve the
goal, and (iii) whether the plan | 19 |
| and goal have been achieved.
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| (12) "Petition" means the petition provided for in Section
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| 2-13, 3-15, 4-12 or 5-520, including any supplemental petitions | 22 |
| thereunder
in Section 3-15, 4-12 or 5-520.
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| (12.1)
"Physically capable adult relative" means a person | 24 |
| 21 years of age or older who is free of physical disabilities | 25 |
| or severe limitations, including but not limited to the ability | 26 |
| to be freely mobile, that prevent him or her from providing the |
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| care necessary to safeguard the physical safety and welfare of | 2 |
| the minor. | 3 |
| (13) "Residual parental
rights and responsibilities" means | 4 |
| those rights and responsibilities remaining
with the parent | 5 |
| after the transfer of legal custody or guardianship of the
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| person, including, but not necessarily limited to, the right to | 7 |
| reasonable
visitation (which may be limited by the court in the | 8 |
| best interests of the
minor as provided in subsection (8)(b) of | 9 |
| this Section), the right to consent
to adoption, the right to | 10 |
| determine the minor's religious affiliation, and the
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| responsibility for his support.
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| (14) "Shelter" means the temporary care of a minor in
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| physically unrestricting facilities pending court disposition | 14 |
| or execution of
court order for placement.
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| (15) "Station adjustment" means the informal
handling of an | 16 |
| alleged offender by a juvenile police officer.
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| (16) "Ward of the court" means a minor who is so
adjudged | 18 |
| under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
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| requisite jurisdictional facts, and thus is subject to the | 20 |
| dispositional powers
of the court under this Act.
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| (17) "Juvenile police officer" means a sworn
police officer | 22 |
| who has completed a Basic Recruit Training Course, has been
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| assigned to the position of juvenile police officer by his or | 24 |
| her chief law
enforcement officer and has completed the | 25 |
| necessary juvenile officers training
as prescribed by the | 26 |
| Illinois Law Enforcement Training Standards Board, or in
the |
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| case of a State police officer, juvenile officer
training | 2 |
| approved by the Director of the Department of State Police.
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| (18) "Secure child care facility" means any child care | 4 |
| facility licensed
by the Department of Children and Family | 5 |
| Services to provide secure living
arrangements for children | 6 |
| under 18 years of age who are subject to placement in
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| facilities under the Children and Family Services Act and who | 8 |
| are not subject
to placement in facilities for whom standards | 9 |
| are established by the Department
of Corrections under Section | 10 |
| 3-15-2 of the Unified Code of Corrections.
"Secure child care | 11 |
| facility" also means a
facility that is designed and operated | 12 |
| to ensure that all entrances and
exits
from the facility, a | 13 |
| building, or a distinct part of the building are under the
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| exclusive control of the staff of the facility, whether or not | 15 |
| the child has
the freedom of movement within the perimeter of | 16 |
| the facility, building, or
distinct part of the building.
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| (Source: P.A. 95-331, eff. 8-21-07.)
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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 | 22 |
| receiving
the proper or necessary support, education as
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| required by law, or medical or other remedial care | 24 |
| recognized under
State law as necessary for a minor's | 25 |
| well-being, or other care necessary
for his or her |
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| well-being, including adequate food, clothing and shelter,
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| or who is abandoned by his or her parent or parents or | 3 |
| other person or persons responsible for
the minor's | 4 |
| welfare, except that a minor shall not be considered | 5 |
| neglected
for the sole reason that the minor's parent or | 6 |
| parents or other person or persons responsible for the
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| minor's welfare have has left the minor in the care of a | 8 |
| physically and mentally capable an adult relative who is | 9 |
| willing and able to care for the minor for any
period of | 10 |
| time; or
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| (b) any minor under 18 years of age whose environment | 12 |
| 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 | 15 |
| subsection (f) of Section 102 of the
Illinois Controlled | 16 |
| Substances Act, as now or hereafter amended, or a
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| metabolite of a controlled substance, with the exception of | 18 |
| controlled
substances or metabolites of such substances, | 19 |
| the presence of which in the
newborn infant is the result | 20 |
| of medical treatment administered to the
mother or the | 21 |
| newborn infant; or
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| (d) any minor under the age of 14 years whose parent or | 23 |
| other person
responsible for the minor's welfare leaves the | 24 |
| minor without
supervision for an unreasonable period of | 25 |
| time without regard for the mental or
physical health, | 26 |
| safety, or welfare of that minor; or
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| (e) any minor who has been provided with interim crisis | 2 |
| intervention
services under Section 3-5 of this Act and | 3 |
| whose parent, guardian, or custodian
refuses to permit the | 4 |
| minor to return home unless the minor is an immediate | 5 |
| physical danger to himself, herself, or others living in | 6 |
| the home.
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| Whether the minor was left without regard for the mental or | 8 |
| physical health,
safety, or welfare of that minor or the period | 9 |
| of time was unreasonable shall
be determined by considering the | 10 |
| 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 | 14 |
| minor is physically
or mentally handicapped, or otherwise | 15 |
| in need of ongoing prescribed medical
treatment such as | 16 |
| periodic doses of insulin or other medications;
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| (4) the duration of time in which the minor was left | 18 |
| without supervision;
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| (5) the condition and location of the place where the | 20 |
| minor was left
without supervision;
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| (6) the time of day or night when the minor was left | 22 |
| without supervision;
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| (7) the weather conditions, including whether the | 24 |
| minor was left in a
location with adequate protection from | 25 |
| the natural elements such as adequate
heat or light;
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| (8) the location of the parent or guardian at the time |
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| the minor was left
without supervision, the physical | 2 |
| distance the minor was from the parent or
guardian at the | 3 |
| time the minor was without supervision;
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| (9) whether the minor's movement was restricted, or the | 5 |
| minor was
otherwise locked within a room or other | 6 |
| structure;
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| (10) whether the minor was given a phone number of a | 8 |
| person or location to
call in the event of an emergency and | 9 |
| whether the minor was capable of making
an emergency call;
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| (11) whether there was food and other provision left | 11 |
| for the minor;
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| (12) whether any of the conduct is attributable to | 13 |
| economic hardship or
illness and the parent, guardian or | 14 |
| other person having physical custody or
control of the | 15 |
| child made a good faith effort to provide for the health | 16 |
| and
safety of the minor;
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| (13) the age and physical and mental capabilities of | 18 |
| the person or persons
who provided supervision for the | 19 |
| minor;
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| (14) whether the minor was left under the supervision | 21 |
| of another person;
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| (15) any other factor that would endanger the health | 23 |
| and safety of that
particular minor.
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| A minor shall not be considered neglected for the sole | 25 |
| reason that the
minor has been relinquished in accordance with | 26 |
| the Abandoned Newborn Infant
Protection Act.
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| (2) Those who are abused include any minor under 18 years | 2 |
| of age whose
parent or immediate family member, or any person | 3 |
| responsible
for the minor's welfare, or any person who is in | 4 |
| the same family or household
as the minor, or any individual | 5 |
| residing in the same home as the minor, or
a paramour of the | 6 |
| minor's parent:
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| (i) inflicts, causes to be inflicted, or allows to be | 8 |
| inflicted upon
such minor physical injury, by other than | 9 |
| accidental means, which causes death,
disfigurement, | 10 |
| 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 | 13 |
| such minor by
other than accidental means which would be | 14 |
| likely to cause death,
disfigurement, impairment of | 15 |
| emotional health, or loss or impairment of any
bodily | 16 |
| function;
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| (iii) commits or allows to be committed any sex offense | 18 |
| against such
minor, as such sex offenses are defined in the | 19 |
| Criminal Code of 1961, as
amended, and extending those | 20 |
| definitions of sex offenses to include minors
under 18 | 21 |
| years of age;
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| (iv) commits or allows to be committed an act or acts | 23 |
| 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 | 26 |
| that the minor
has been relinquished in accordance with the |
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| Abandoned Newborn Infant
Protection Act.
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| (3) This Section does not apply to a minor who would be | 3 |
| included
herein solely for the purpose of qualifying for | 4 |
| financial assistance for
himself, his parents, guardian or | 5 |
| custodian.
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| (Source: P.A. 95-443, eff. 1-1-08.)
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| (705 ILCS 405/2-4) (from Ch. 37, par. 802-4)
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| Sec. 2-4. Dependent minor.
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| (1) Those who are dependent include any minor under 18 | 10 |
| years of age:
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| (a) who is without a parent, guardian or legal | 12 |
| custodian;
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| (b) who is without proper care because of the physical | 14 |
| or mental
disability of his parent, guardian or custodian;
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| (c) who is without proper medical or other remedial | 16 |
| care recognized under
State law or other care necessary for | 17 |
| his or her well being through no fault,
neglect or lack of | 18 |
| concern by his parents, guardian or custodian, provided
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| that no order may be made terminating parental rights, nor | 20 |
| may a minor be
removed from the custody of his or her | 21 |
| parents for longer than 6 months,
pursuant to an | 22 |
| adjudication as a dependent minor under this subdivision | 23 |
| (c),
unless it is found to be in his or her best interest | 24 |
| by the court or the case
automatically closes as provided | 25 |
| under Section 2-31 of this Act; or
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| (d) who has a parent, guardian or legal custodian who | 2 |
| with good cause
wishes to be relieved of all residual | 3 |
| parental rights and
responsibilities, guardianship or | 4 |
| custody, and who desires the
appointment of a guardian of | 5 |
| the person with power to consent to the
adoption of the | 6 |
| minor under Section 2-29.
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| (2) This Section does not apply to a minor who would be | 8 |
| included
herein solely for the purpose of qualifying for | 9 |
| financial assistance for
himself, his parent or parents, | 10 |
| guardian or custodian or to a minor solely because his
or her | 11 |
| parent or parents or guardian has left the minor for any period | 12 |
| of time in the care
of a physically and mentally capable an | 13 |
| adult relative who is willing and able to care for the minor .
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| (Source: P.A. 91-357, eff. 7-29-99 .)
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.
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