Full Text of SB0391 101st General Assembly
SB0391eng 101ST GENERAL ASSEMBLY |
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| 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 | | "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 | | "Agency" means a child care facility licensed under Section | 16 | | 2.05 or Section 2.06 of the Child Care Act of 1969 and includes | 17 | | a transitional living program that accepts children and adult | 18 | | residents for placement who are in the guardianship of the | 19 | | Department. | 20 | | "Blatant disregard" means an incident where the real, | 21 | | significant, and imminent risk of harm would be so obvious to a | 22 | | reasonable parent or caretaker that it is unlikely that a | 23 | | reasonable parent or caretaker would have exposed the child to |
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| 1 | | the danger without exercising precautionary measures to | 2 | | protect the child from harm. With respect to a person working | 3 | | at an agency in his or her professional capacity with a child | 4 | | or adult resident, "blatant disregard" includes a failure by | 5 | | the person to perform job responsibilities intended to protect | 6 | | the child's or adult resident's health, physical well-being, or | 7 | | welfare, and, when viewed in light of the surrounding | 8 | | circumstances, evidence exists that would cause a reasonable | 9 | | person to believe that the child was neglected. With respect to | 10 | | an agency, "blatant disregard" includes a failure to implement | 11 | | practices that ensure the health, physical well-being, or | 12 | | welfare of the children and adult residents residing in the | 13 | | facility. | 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. | 17 | | "Department" means Department of Children and Family | 18 | | Services. | 19 | | "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. | 23 | | "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 | 26 | | child, or a paramour of the child's parent: |
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| 1 | | (a) inflicts, causes to be inflicted, or allows to be
| 2 | | inflicted upon
such child physical injury, by other than | 3 | | accidental means, which causes
death, disfigurement, | 4 | | impairment of physical or
emotional health, or loss or | 5 | | impairment of any bodily function; | 6 | | (b) creates a substantial risk of physical injury to | 7 | | such
child by
other than accidental means which would be | 8 | | likely to cause death,
disfigurement, impairment of | 9 | | physical or emotional health, or loss or
impairment of any | 10 | | bodily function; | 11 | | (c) commits or allows to be committed any sex offense | 12 | | against
such child,
as such sex offenses are defined in the | 13 | | Criminal Code of 2012 or in the Wrongs to Children Act,
and | 14 | | extending those definitions of sex offenses to include | 15 | | children under
18 years of age; | 16 | | (d) commits or allows to be committed an act or acts of
| 17 | | torture upon
such child; | 18 | | (e) inflicts excessive corporal punishment or, in the | 19 | | case of a person working for an agency who is prohibited | 20 | | from using corporal punishment, inflicts corporal | 21 | | punishment upon a child or adult resident with whom the | 22 | | person is working in his or her professional capacity; | 23 | | (f) commits or allows to be committed
the offense of
| 24 | | female
genital mutilation, as defined in Section 12-34 of | 25 | | the Criminal Code of
2012, against the child; | 26 | | (g) causes to be sold, transferred, distributed, or |
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| 1 | | given to
such child
under 18 years of age, a controlled | 2 | | substance as defined in Section 102 of the
Illinois | 3 | | Controlled Substances Act in violation of Article IV of the | 4 | | Illinois
Controlled Substances Act or in violation of the | 5 | | Methamphetamine Control and Community Protection Act, | 6 | | except for controlled substances that are prescribed
in | 7 | | accordance with Article III of the Illinois Controlled | 8 | | Substances Act and
are dispensed to such child in a manner | 9 | | that substantially complies with the
prescription; or | 10 | | (h) commits or allows to be committed the offense of | 11 | | involuntary servitude, involuntary sexual servitude of a | 12 | | minor, or trafficking in persons as defined in Section 10-9 | 13 | | of the Criminal Code of 2012 against the child. | 14 | | A child shall not be considered abused for the sole reason | 15 | | that the child
has been relinquished in accordance with the | 16 | | Abandoned Newborn Infant
Protection Act. | 17 | | A child shall not be considered abused for the sole reason | 18 | | that the child has been diagnosed with or has tested positive | 19 | | for Ehlers-Danlos syndrome, or for the sole reason that the | 20 | | child's parent, sibling, or grandparent has been diagnosed with | 21 | | or has tested positive for Ehlers-Danlos syndrome. | 22 | | "Neglected child" means any child who is not receiving the | 23 | | proper or
necessary nourishment or medically indicated | 24 | | treatment including food or care
not provided solely on the | 25 | | basis of the present or anticipated mental or
physical | 26 | | impairment as determined by a physician acting alone or in
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| 1 | | consultation with other physicians or otherwise is not | 2 | | receiving the proper or
necessary support or medical or other | 3 | | remedial care recognized under State law
as necessary for a | 4 | | child's well-being, or other care necessary for his or her
| 5 | | well-being, including adequate food, clothing and shelter; or | 6 | | who is subjected to an environment which is injurious insofar | 7 | | as (i) the child's environment creates a likelihood of harm to | 8 | | the child's health, physical well-being, or welfare and (ii) | 9 | | the likely harm to the child is the result of a blatant | 10 | | disregard of parent, caretaker, or agency responsibilities; or | 11 | | who is abandoned
by his or her parents or other person | 12 | | responsible for the child's welfare
without a proper plan of | 13 | | care; or who has been provided with interim crisis intervention | 14 | | services under
Section 3-5 of
the Juvenile Court Act of 1987 | 15 | | and whose parent, guardian, or custodian refuses to
permit
the | 16 | | child to return home and no other living arrangement agreeable
| 17 | | to the parent, guardian, or custodian can be made, and the | 18 | | parent, guardian, or custodian has not made any other | 19 | | appropriate living arrangement for the child; or who is a | 20 | | newborn infant whose blood, urine,
or meconium
contains any | 21 | | amount of a controlled substance as defined in subsection (f) | 22 | | of
Section 102 of the Illinois Controlled Substances Act or a | 23 | | metabolite thereof,
with the exception of a controlled | 24 | | substance or metabolite thereof whose
presence in the newborn | 25 | | infant is the result of medical treatment administered
to the | 26 | | mother or the newborn infant. A child shall not be considered |
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| 1 | | neglected
for the sole reason that the child's parent or other | 2 | | person responsible for his
or her welfare has left the child in | 3 | | the care of an adult relative for any
period of time. A child | 4 | | shall not be considered neglected for the sole reason
that the | 5 | | child has been relinquished in accordance with the Abandoned | 6 | | Newborn
Infant Protection Act. A child shall not be considered | 7 | | neglected or abused
for the
sole reason that such child's | 8 | | parent or other person responsible for his or her
welfare | 9 | | depends upon spiritual means through prayer alone for the | 10 | | treatment or
cure of disease or remedial care as provided under | 11 | | Section 4 of this Act. A
child shall not be considered | 12 | | neglected or abused solely because the child is
not attending | 13 | | school in accordance with the requirements of Article 26 of The
| 14 | | School Code, as amended. | 15 | | "Child Protective Service Unit" means certain specialized | 16 | | State employees of
the Department assigned by the Director to | 17 | | perform the duties and
responsibilities as provided under | 18 | | Section 7.2 of this Act. | 19 | | "Near fatality" means an act that, as certified by a | 20 | | physician, places the child in serious or critical condition, | 21 | | including acts of great bodily harm inflicted upon children | 22 | | under 13 years of age, and as otherwise defined by Department | 23 | | rule. | 24 | | "Great bodily harm" includes bodily injury which creates a | 25 | | high probability of death, or which causes serious permanent | 26 | | disfigurement, or which causes a permanent or protracted loss |
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| 1 | | or impairment of the function of any bodily member or organ, or | 2 | | other serious bodily harm. | 3 | | "Person responsible for the child's welfare" means the | 4 | | child's parent;
guardian; foster parent; relative caregiver; | 5 | | any person responsible for the
child's welfare in a public or | 6 | | private residential agency or institution; any
person | 7 | | responsible for the child's welfare within a public or private | 8 | | profit or
not for profit child care facility; or any other | 9 | | person responsible for the
child's welfare at the time of the | 10 | | alleged abuse or neglect, including any person that is the | 11 | | custodian of a child under 18 years of age who commits or | 12 | | allows to be committed, against the child, the offense of | 13 | | involuntary servitude, involuntary sexual servitude of a | 14 | | minor, or trafficking in persons for forced labor or services, | 15 | | as provided in Section 10-9 of the Criminal Code of 2012, or | 16 | | any person who
came to know the child through an official | 17 | | capacity or position of trust,
including but not limited to | 18 | | health care professionals, educational personnel,
recreational | 19 | | supervisors, members of the clergy, and volunteers or
support | 20 | | personnel in any setting
where children may be subject to abuse | 21 | | or neglect. | 22 | | "Temporary protective custody" means custody within a | 23 | | hospital or
other medical facility or a place previously | 24 | | designated for such custody
by the Department, subject to | 25 | | review by the Court, including a licensed
foster home, group | 26 | | home, or other institution; but such place shall not
be a jail |
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| 1 | | or other place for the detention of criminal or juvenile | 2 | | offenders. | 3 | | "An unfounded report" means any report made under this Act | 4 | | for which
it is determined after an investigation that no | 5 | | credible evidence of
abuse or neglect exists. | 6 | | "An indicated report" means a report made under this Act if | 7 | | an
investigation determines that credible evidence of the | 8 | | alleged
abuse or neglect exists. | 9 | | "An undetermined report" means any report made under this | 10 | | Act in
which it was not possible to initiate or complete an | 11 | | investigation on
the basis of information provided to the | 12 | | Department. | 13 | | "Subject of report" means any child reported to the central | 14 | | register
of child abuse and neglect established under Section | 15 | | 7.7 of this Act as an alleged victim of child abuse or neglect | 16 | | and
the parent or guardian of the alleged victim or other | 17 | | person responsible for the alleged victim's welfare who is | 18 | | named in the report or added to the report as an alleged | 19 | | perpetrator of child abuse or neglect. | 20 | | "Perpetrator" means a person who, as a result of | 21 | | investigation, has
been determined by the Department to have | 22 | | caused child abuse or neglect. | 23 | | "Member of the clergy" means a clergyman or practitioner of | 24 | | any religious
denomination accredited by the religious body to | 25 | | which he or she belongs. | 26 | | (Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19 .)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.
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