Full Text of SB2849 97th General Assembly
SB2849sam002 97TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 3/1/2012
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| 1 | | AMENDMENT TO SENATE BILL 2849
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2849 by replacing | 3 | | everything after the enacting clause with the following:
| 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 | | "Adult resident" means any person between 18 and 22 years | 10 | | of age who resides in any facility licensed by the Department | 11 | | under the Child Care Act of 1969. For purposes of this Act, the | 12 | | criteria set forth in the definitions of "abused child" and | 13 | | "neglected child" shall be used in determining whether an adult | 14 | | resident is abused or neglected. | 15 | | "Blatant disregard" means an incident where the real, | 16 | | significant, and imminent risk of harm would be so obvious to a |
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| 1 | | reasonable parent or caretaker that it is unlikely that a | 2 | | reasonable parent or caretaker would have exposed the child to | 3 | | the danger without exercising precautionary measures to | 4 | | protect the child from harm. | 5 | | "Child" means any person under the age of 18 years, unless | 6 | | legally
emancipated by reason of marriage or entry into a | 7 | | branch of the United
States armed services. | 8 | | "Department" means Department of Children and Family | 9 | | Services. | 10 | | "Local law enforcement agency" means the police of a city, | 11 | | town,
village or other incorporated area or the sheriff of an | 12 | | unincorporated
area or any sworn officer of the Illinois | 13 | | Department of State Police. | 14 | | "Abused child"
means a child whose parent or immediate | 15 | | family
member,
or any person responsible for the child's | 16 | | welfare, or any individual
residing in the same home as the | 17 | | child, or a paramour of the child's parent: | 18 | | (a) inflicts, causes to be inflicted, or allows to be
| 19 | | inflicted upon
such child physical injury, by other than | 20 | | accidental means, which causes
death, disfigurement, | 21 | | impairment of physical or
emotional health, or loss or | 22 | | impairment of any bodily function; | 23 | | (b) creates a substantial risk of physical injury to | 24 | | such
child by
other than accidental means which would be | 25 | | likely to cause death,
disfigurement, impairment of | 26 | | physical or emotional health, or loss or
impairment of any |
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| 1 | | bodily function; | 2 | | (c) commits or allows to be committed any sex offense | 3 | | against
such child,
as such sex offenses are defined in the | 4 | | Criminal Code of 1961, as amended, or in the Wrongs to | 5 | | Children Act,
and extending those definitions of sex | 6 | | offenses to include children under
18 years of age; | 7 | | (d) commits or allows to be committed an act or acts of
| 8 | | torture upon
such child; | 9 | | (e) inflicts excessive corporal punishment; | 10 | | (f) commits or allows to be committed
the offense of
| 11 | | female
genital mutilation, as defined in Section 12-34 of | 12 | | the Criminal Code of
1961, against the child; | 13 | | (g) causes to be sold, transferred, distributed, or | 14 | | given to
such child
under 18 years of age, a controlled | 15 | | substance as defined in Section 102 of the
Illinois | 16 | | Controlled Substances Act in violation of Article IV of the | 17 | | Illinois
Controlled Substances Act or in violation of the | 18 | | Methamphetamine Control and Community Protection Act, | 19 | | except for controlled substances that are prescribed
in | 20 | | accordance with Article III of the Illinois Controlled | 21 | | Substances Act and
are dispensed to such child in a manner | 22 | | that substantially complies with the
prescription; or | 23 | | (h) commits or allows to be committed the offense of | 24 | | involuntary servitude, involuntary sexual servitude of a | 25 | | minor, or trafficking in persons for forced labor or | 26 | | services as defined in Section 10-9 of the Criminal Code of |
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| 1 | | 1961 against the child. | 2 | | A child shall not be considered abused for the sole reason | 3 | | that the child
has been relinquished in accordance with the | 4 | | Abandoned Newborn Infant
Protection Act. | 5 | | "Neglected child" means any child who is not receiving the | 6 | | proper or
necessary nourishment or medically indicated | 7 | | treatment including food or care
not provided solely on the | 8 | | basis of the present or anticipated mental or
physical | 9 | | impairment as determined by a physician acting alone or in
| 10 | | consultation with other physicians or otherwise is not | 11 | | receiving the proper or
necessary support or medical or other | 12 | | remedial care recognized under State law
as necessary for a | 13 | | child's well-being, or other care necessary for his or her
| 14 | | well-being, including adequate food, clothing and shelter; or | 15 | | who is subjected to an environment which is injurious insofar | 16 | | as (i) the child's environment creates a likelihood of harm to | 17 | | the child's health, physical well-being, or welfare and (ii) | 18 | | the likely harm to the child is the result of a blatant | 19 | | disregard of parent or caretaker responsibilities; or who is | 20 | | abandoned
by his or her parents or other person responsible for | 21 | | the child's welfare
without a proper plan of care; or who has | 22 | | been provided with interim crisis intervention services under
| 23 | | Section 3-5 of
the Juvenile Court Act of 1987 and whose parent, | 24 | | guardian, or custodian refuses to
permit
the child to return | 25 | | home and no other living arrangement agreeable
to the parent, | 26 | | guardian, or custodian can be made, and the parent, guardian, |
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| 1 | | or custodian has not made any other appropriate living | 2 | | arrangement for the child; or who is a newborn infant whose | 3 | | blood, urine,
or meconium
contains any amount of a controlled | 4 | | substance as defined in subsection (f) of
Section 102 of the | 5 | | Illinois Controlled Substances Act or a metabolite thereof,
| 6 | | with the exception of a controlled substance or metabolite | 7 | | thereof whose
presence in the newborn infant is the result of | 8 | | medical treatment administered
to the mother or the newborn | 9 | | infant. A child shall not be considered neglected
for the sole | 10 | | reason that the child's parent or other person responsible for | 11 | | his
or her welfare has left the child in the care of an adult | 12 | | relative for any
period of time. A child shall not be | 13 | | considered neglected for the sole reason
that the child has | 14 | | been relinquished in accordance with the Abandoned Newborn
| 15 | | 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
| 23 | | School Code, as amended. | 24 | | "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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| 1 | | Section 7.2 of this Act. | 2 | | "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,
| 11 | | 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
| 14 | | where children may be subject to abuse or neglect. | 15 | | "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. | 22 | | "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. | 25 | | "An indicated report" means a report made under this Act if | 26 | | an
investigation determines that credible evidence of the |
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| 1 | | alleged
abuse or neglect exists. | 2 | | "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. | 6 | | "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 as an alleged victim of child abuse or neglect | 9 | | and
the parent or guardian of the alleged victim or other | 10 | | person responsible for the alleged victim's welfare who is | 11 | | named in the report or added to the report as an alleged | 12 | | perpetrator of child abuse or neglect. | 13 | | "Perpetrator" means a person who, as a result of | 14 | | investigation, has
been determined by the Department to have | 15 | | caused child abuse or neglect. | 16 | | "Member of the clergy" means a clergyman or practitioner of | 17 | | any religious
denomination accredited by the religious body to | 18 | | which he or she belongs. | 19 | | (Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10; | 20 | | 96-1464, eff. 8-20-10; 97-333, eff. 8-12-11.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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