Full Text of SB2605 96th General Assembly
SB2605enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning children.
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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 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 as an alleged victim of child abuse or neglect | 6 |
| and
the his or her parent , or guardian of the alleged victim or | 7 |
| other person responsible for the alleged victim's welfare who | 8 |
| is named in the report or added to the report as an alleged | 9 |
| perpetrator of child abuse or neglect other person responsible
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| who is also named in the report .
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| "Perpetrator" means a person who, as a result of | 12 |
| investigation, has
been determined by the Department to have | 13 |
| caused child abuse or neglect.
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| "Member of the clergy" means a clergyman or practitioner of | 15 |
| any religious
denomination accredited by the religious body to | 16 |
| which he or she belongs.
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| (Source: P.A. 94-556, eff. 9-11-05; 95-443, eff. 1-1-08.)
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