Full Text of SB2809 96th General Assembly
SB2809 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2809
Introduced 1/28/2010, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
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325 ILCS 5/2 |
from Ch. 23, par. 2052 |
325 ILCS 5/3 |
from Ch. 23, par. 2053 |
325 ILCS 5/7.3 |
from Ch. 23, par. 2057.3 |
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Amends the Abused and Neglected Child Reporting Act. Provides that the Illinois Department of Children and Family Services shall be responsible for receiving and investigating reports of abuse or neglect, or both, of adult residents. Defines the term "adult resident" to mean any person 18 years of age or older who resides in a Department-licensed residential care facility.
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A BILL FOR
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SB2809 |
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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 Sections 2, 3, and 7.3 as follows:
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| (325 ILCS 5/2) (from Ch. 23, par. 2052)
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| Sec. 2.
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| (a) The Illinois Department of Children and Family Services
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| shall, upon receiving reports made under this Act, protect the | 10 |
| health,
safety, and best
interests of the child in all | 11 |
| situations in which the child is vulnerable to
child abuse or | 12 |
| neglect, offer protective services in order to prevent
any | 13 |
| further harm to the child and to other children in the same
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| environment or family, stabilize the home environment,
and | 15 |
| preserve family life whenever possible. Recognizing that | 16 |
| children also can
be abused and neglected
while living in | 17 |
| public or private residential agencies or institutions
meant to | 18 |
| serve them, while attending day care centers, schools, or
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| religious activities, or
when in contact with adults who are | 20 |
| responsible for the welfare of the
child at that time,
this Act | 21 |
| also provides for the reporting and investigation
of child | 22 |
| abuse and neglect in such instances. In performing any of these
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| duties, the Department may utilize such protective services of |
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LRB096 17346 KTG 32697 b |
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| voluntary
agencies as are available.
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| (b) The Department shall be responsible for receiving and | 3 |
| investigating reports of abuse or neglect, or both, of adult | 4 |
| residents as defined in Section 3 of this Act. | 5 |
| (Source: P.A. 92-801, eff. 8-16-02.)
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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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| "Adult resident" means any person 18 years of age or older | 10 |
| who resides in a Department-licensed residential care | 11 |
| facility. The provisions of this Act relating to child abuse or | 12 |
| neglect also apply to an adult resident as if the adult | 13 |
| resident were under the age of 18 years. | 14 |
| "Child" means any person under the age of 18 years, unless | 15 |
| legally
emancipated by reason of marriage or entry into a | 16 |
| branch of the United
States armed services.
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| "Department" means Department of Children and Family | 18 |
| Services.
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| "Local law enforcement agency" means the police of a city, | 20 |
| town,
village or other incorporated area or the sheriff of an | 21 |
| unincorporated
area or any sworn officer of the Illinois | 22 |
| Department of State Police.
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| "Abused child"
means a child whose parent or immediate | 24 |
| family
member,
or any person responsible for the child's | 25 |
| welfare, or any individual
residing in the same home as the |
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| 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 | 4 |
| accidental means, which causes
death, disfigurement, | 5 |
| impairment of physical or
emotional health, or loss or | 6 |
| impairment of any bodily function;
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| (b) creates a substantial risk of physical injury to | 8 |
| such
child by
other than accidental means which would be | 9 |
| likely to cause death,
disfigurement, impairment of | 10 |
| physical or emotional health, or loss or
impairment of any | 11 |
| bodily function;
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| (c) commits or allows to be committed any sex offense | 13 |
| against
such child,
as such sex offenses are defined in the | 14 |
| Criminal Code of 1961, as amended,
and extending those | 15 |
| definitions of sex offenses to include children under
18 | 16 |
| 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 | 22 |
| the Criminal Code of
1961, against the child; or
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| (g) causes to be sold, transferred, distributed, or | 24 |
| given to
such child
under 18 years of age, a controlled | 25 |
| substance as defined in Section 102 of the
Illinois | 26 |
| Controlled Substances Act in violation of Article IV of the |
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| Illinois
Controlled Substances Act or in violation of the | 2 |
| Methamphetamine Control and Community Protection Act, | 3 |
| except for controlled substances that are prescribed
in | 4 |
| accordance with Article III of the Illinois Controlled | 5 |
| Substances Act and
are dispensed to such child in a manner | 6 |
| that substantially complies with the
prescription.
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| A child shall not be considered abused for the sole reason | 8 |
| that the child
has been relinquished in accordance with the | 9 |
| Abandoned Newborn Infant
Protection Act.
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| "Neglected child" means any child who is not receiving the | 11 |
| proper or
necessary nourishment or medically indicated | 12 |
| treatment including food or care
not provided solely on the | 13 |
| basis of the present or anticipated mental or
physical | 14 |
| impairment as determined by a physician acting alone or in
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| consultation with other physicians or otherwise is not | 16 |
| receiving the proper or
necessary support or medical or other | 17 |
| remedial care recognized under State law
as necessary for a | 18 |
| 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 | 20 |
| who is abandoned
by his or her parents or other person | 21 |
| responsible for the child's welfare
without a proper plan of | 22 |
| care; or who has been provided with interim crisis intervention | 23 |
| services under
Section 3-5 of
the Juvenile Court Act of 1987 | 24 |
| and whose parent, guardian, or custodian refuses to
permit
the | 25 |
| 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 |
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| parent, guardian, or custodian has not made any other | 2 |
| appropriate living arrangement for the child; or who is a | 3 |
| newborn infant whose blood, urine,
or meconium
contains any | 4 |
| amount of a controlled substance as defined in subsection (f) | 5 |
| of
Section 102 of the Illinois Controlled Substances Act or a | 6 |
| metabolite thereof,
with the exception of a controlled | 7 |
| substance or metabolite thereof whose
presence in the newborn | 8 |
| infant is the result of medical treatment administered
to the | 9 |
| mother or the newborn infant. A child shall not be considered | 10 |
| neglected
for the sole reason that the child's parent or other | 11 |
| person responsible for his
or her welfare has left the child in | 12 |
| the care of an adult relative for any
period of time. A child | 13 |
| shall not be considered neglected for the sole reason
that the | 14 |
| child has been relinquished in accordance with the Abandoned | 15 |
| Newborn
Infant Protection Act. A child shall not be considered | 16 |
| neglected or abused
for the
sole reason that such child's | 17 |
| parent or other person responsible for his or her
welfare | 18 |
| depends upon spiritual means through prayer alone for the | 19 |
| treatment or
cure of disease or remedial care as provided under | 20 |
| Section 4 of this Act. A
child shall not be considered | 21 |
| neglected or abused solely because the child is
not attending | 22 |
| 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 | 25 |
| State employees of
the Department assigned by the Director to | 26 |
| perform the duties and
responsibilities as provided under |
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| Section 7.2 of this Act.
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| "Person responsible for the child's welfare" means the | 3 |
| child's parent;
guardian; foster parent; relative caregiver; | 4 |
| any person responsible for the
child's welfare in a public or | 5 |
| private residential agency or institution; any
person | 6 |
| responsible for the child's welfare within a public or private | 7 |
| profit or
not for profit child care facility; or any other | 8 |
| person responsible for the
child's welfare at the time of the | 9 |
| alleged abuse or neglect, or any person who
came to know the | 10 |
| child through an official capacity or position of trust,
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| including but not limited to health care professionals, | 12 |
| educational personnel,
recreational supervisors, members of | 13 |
| 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 | 16 |
| hospital or
other medical facility or a place previously | 17 |
| designated for such custody
by the Department, subject to | 18 |
| review by the Court, including a licensed
foster home, group | 19 |
| home, or other institution; but such place shall not
be a jail | 20 |
| or other place for the detention of criminal or juvenile | 21 |
| offenders.
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| "An unfounded report" means any report made under this Act | 23 |
| for which
it is determined after an investigation that no | 24 |
| credible evidence of
abuse or neglect exists.
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| "An indicated report" means a report made under this Act if | 26 |
| an
investigation determines that credible evidence of the |
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| alleged
abuse or neglect exists.
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| "An undetermined report" means any report made under this | 3 |
| Act in
which it was not possible to initiate or complete an | 4 |
| investigation on
the basis of information provided to the | 5 |
| Department.
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| "Subject of report" means any child reported to the central | 7 |
| register
of child abuse and neglect established under Section | 8 |
| 7.7 of this Act and
his or her parent, guardian or other person | 9 |
| responsible
who is also named in the report.
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| "Perpetrator" means a person who, as a result of | 11 |
| investigation, has
been determined by the Department to have | 12 |
| caused child abuse or neglect.
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| "Member of the clergy" means a clergyman or practitioner of | 14 |
| any religious
denomination accredited by the religious body to | 15 |
| 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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| (325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
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| Sec. 7.3. (a) The Department shall be the sole agency | 19 |
| responsible for receiving
and investigating reports of child | 20 |
| abuse or neglect made under this Act,
including reports of | 21 |
| adult resident abuse or neglect, except where investigations by | 22 |
| other agencies may be required with
respect to reports alleging | 23 |
| the death of a child, serious injury to a child
or sexual abuse | 24 |
| to a child made pursuant to Sections 4.1 or 7 of this Act,
and | 25 |
| except that the Department may delegate the performance of the
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| investigation to the Department of State Police, a law | 2 |
| enforcement agency
and to those private social service agencies | 3 |
| which have been designated for
this purpose by the Department | 4 |
| prior to July 1, 1980.
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| (b) Notwithstanding any other provision of this Act, the | 6 |
| Department shall adopt rules expressly allowing law | 7 |
| enforcement personnel to investigate reports of suspected | 8 |
| child abuse or neglect concurrently with the Department, | 9 |
| without regard to whether the Department determines a report to | 10 |
| be "indicated" or "unfounded" or deems a report to be | 11 |
| "undetermined".
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| (Source: P.A. 95-57, eff. 8-10-07.)
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