Illinois General Assembly - Full Text of HB0151
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Full Text of HB0151  102nd General Assembly

HB0151ham001 102ND GENERAL ASSEMBLY

Rep. Joe Sosnowski

Filed: 3/15/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 151

2    AMENDMENT NO. ______. Amend House Bill 151 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 2-3 as follows:
 
6    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
7    Sec. 2-3. Neglected or abused minor.
8    (1) Those who are neglected include:
9        (a) any minor under 18 years of age or a minor 18 years
10    of age or older for whom the court has made a finding of
11    probable cause to believe that the minor is abused,
12    neglected, or dependent under subsection (1) of Section
13    2-10 prior to the minor's 18th birthday who is not
14    receiving the proper or necessary support, education as
15    required by law, or medical or other remedial care
16    recognized under State law as necessary for a minor's

 

 

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1    well-being, or other care necessary for his or her
2    well-being, including adequate food, clothing and shelter,
3    or who is abandoned by his or her parent or parents or
4    other person or persons responsible for the minor's
5    welfare, except that a minor shall not be considered
6    neglected for the sole reason that the minor's parent or
7    parents or other person or persons responsible for the
8    minor's welfare have left the minor in the care of an adult
9    relative for any period of time, who the parent or parents
10    or other person responsible for the minor's welfare know
11    is both a mentally capable adult relative and physically
12    capable adult relative, as defined by this Act; or
13        (b) any minor under 18 years of age or a minor 18 years
14    of age or older for whom the court has made a finding of
15    probable cause to believe that the minor is abused,
16    neglected, or dependent under subsection (1) of Section
17    2-10 prior to the minor's 18th birthday whose environment
18    is injurious to his or her welfare; or
19        (c) any newborn infant whose blood, urine, or meconium
20    contains any amount of a controlled substance as defined
21    in subsection (f) of Section 102 of the Illinois
22    Controlled Substances Act, as now or hereafter amended, or
23    a metabolite of a controlled substance, with the exception
24    of controlled substances or metabolites of such
25    substances, the presence of which in the newborn infant is
26    the result of medical treatment administered to the mother

 

 

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1    or the newborn infant; or
2        (d) any minor under the age of 12 14 years whose parent
3    or other person responsible for the minor's welfare leaves
4    the minor without supervision for an unreasonable period
5    of time without regard for the mental or physical health,
6    safety, or welfare of that minor; or
7        (e) any minor who has been provided with interim
8    crisis intervention services under Section 3-5 of this Act
9    and whose parent, guardian, or custodian refuses to permit
10    the minor to return home unless the minor is an immediate
11    physical danger to himself, herself, or others living in
12    the home.
13        Whether the minor was left without regard for the
14    mental or physical health, safety, or welfare of that
15    minor or the period of time was unreasonable shall be
16    determined by considering the following factors, including
17    but not limited to:
18            (1) the age of the minor;
19            (2) the number of minors left at the location;
20            (3) special needs of the minor, including whether
21        the minor is a person with a physical or mental
22        disability, or otherwise in need of ongoing prescribed
23        medical treatment such as periodic doses of insulin or
24        other medications;
25            (4) the duration of time in which the minor was
26        left without supervision;

 

 

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1            (5) the condition and location of the place where
2        the minor was left without supervision;
3            (6) the time of day or night when the minor was
4        left without supervision;
5            (7) the weather conditions, including whether the
6        minor was left in a location with adequate protection
7        from the natural elements such as adequate heat or
8        light;
9            (8) the location of the parent or guardian at the
10        time the minor was left without supervision, the
11        physical distance the minor was from the parent or
12        guardian at the time the minor was without
13        supervision;
14            (9) whether the minor's movement was restricted,
15        or the minor was otherwise locked within a room or
16        other structure;
17            (10) whether the minor was given a phone number of
18        a person or location to call in the event of an
19        emergency and whether the minor was capable of making
20        an emergency call;
21            (11) whether there was food and other provision
22        left for the minor;
23            (12) whether any of the conduct is attributable to
24        economic hardship or illness and the parent, guardian
25        or other person having physical custody or control of
26        the child made a good faith effort to provide for the

 

 

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1        health and safety of the minor;
2            (13) the age and physical and mental capabilities
3        of the person or persons who provided supervision for
4        the minor;
5            (14) whether the minor was left under the
6        supervision of another person;
7            (15) any other factor that would endanger the
8        health and safety of that particular minor.
9    A minor shall not be considered neglected for the sole
10reason that the minor has been relinquished in accordance with
11the Abandoned Newborn Infant Protection Act.
12    (1.5) Neglect does not include permitting a child, whose
13basic needs are met and who is of sufficient age and maturity
14to avoid harm or unreasonable risk of harm, to engage in
15independent activities, including:
16        (a) traveling to and from school, including by
17    walking, running, or bicycling;
18        (b) traveling to and from nearby commercial or
19    recreational activities;
20        (c) engaging in outdoor play;
21        (d) remaining in a vehicle unattended, except as
22    otherwise provided by law;
23        (e) remaining at home unattended; or
24        (f) engaging in a similar independent activity.
25    Whether the minor's basic needs are met and the minor is of
26sufficient age and maturity level to avoid harm and

 

 

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1unreasonable risk of harm shall be determined by considering
2the factors (1) through (15) listed in paragraph (e) of
3subsection (1) of this Section in addition to any other
4relevant considerations.
5    (2) Those who are abused include any minor under 18 years
6of age or a minor 18 years of age or older for whom the court
7has made a finding of probable cause to believe that the minor
8is abused, neglected, or dependent under subsection (1) of
9Section 2-10 prior to the minor's 18th birthday whose parent
10or immediate family member, or any person responsible for the
11minor's welfare, or any person who is in the same family or
12household as the minor, or any individual residing in the same
13home as the minor, or a paramour of the minor's parent:
14        (i) inflicts, causes to be inflicted, or allows to be
15    inflicted upon such minor physical injury, by other than
16    accidental means, which causes death, disfigurement,
17    impairment of physical or emotional health, or loss or
18    impairment of any bodily function;
19        (ii) creates a substantial risk of physical injury to
20    such minor by other than accidental means which would be
21    likely to cause death, disfigurement, impairment of
22    emotional health, or loss or impairment of any bodily
23    function;
24        (iii) commits or allows to be committed any sex
25    offense against such minor, as such sex offenses are
26    defined in the Criminal Code of 1961 or the Criminal Code

 

 

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1    of 2012, or in the Wrongs to Children Act, and extending
2    those definitions of sex offenses to include minors under
3    18 years of age;
4        (iv) commits or allows to be committed an act or acts
5    of torture upon such minor;
6        (v) inflicts excessive corporal punishment;
7        (vi) commits or allows to be committed the offense of
8    involuntary servitude, involuntary sexual servitude of a
9    minor, or trafficking in persons as defined in Section
10    10-9 of the Criminal Code of 1961 or the Criminal Code of
11    2012, upon such minor; or
12        (vii) allows, encourages or requires a minor to commit
13    any act of prostitution, as defined in the Criminal Code
14    of 1961 or the Criminal Code of 2012, and extending those
15    definitions to include minors under 18 years of age.
16    A minor shall not be considered abused for the sole reason
17that the minor has been relinquished in accordance with the
18Abandoned Newborn Infant Protection Act.
19    (3) This Section does not apply to a minor who would be
20included herein solely for the purpose of qualifying for
21financial assistance for himself, his parents, guardian or
22custodian.
23    (4) The changes made by this amendatory Act of the 101st
24General Assembly apply to a case that is pending on or after
25July 12, 2019 (the effective date of P.A. 101-79) this
26amendatory Act of the 101st General Assembly.

 

 

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1(Source: P.A. 101-79, eff. 7-12-19.)
 
2    Section 10. The Criminal Code of 2012 is amended by
3changing Section 12C-10 as follows:
 
4    (720 ILCS 5/12C-10)   (was 720 ILCS 5/12-21.5)
5    Sec. 12C-10. Child abandonment.
6    (a) A person commits child abandonment when he or she, as a
7parent, guardian, or other person having physical custody or
8control of a child, without regard for the mental or physical
9health, safety, or welfare of that child, knowingly leaves
10that child who is under the age of 12 13 without supervision by
11a responsible person over the age of 14 for a period of 24
12hours or more. It is not a violation of this Section for a
13person to relinquish a child in accordance with the Abandoned
14Newborn Infant Protection Act.
15    (b) For the purposes of determining whether the child was
16left without regard for the mental or physical health, safety,
17or welfare of that child, the trier of fact shall consider the
18following factors:
19        (1) the age of the child;
20        (2) the number of children left at the location;
21        (3) special needs of the child, including whether the
22    child is a person with a physical or mental disability, or
23    otherwise in need of ongoing prescribed medical treatment
24    such as periodic doses of insulin or other medications;

 

 

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1        (4) the duration of time in which the child was left
2    without supervision;
3        (5) the condition and location of the place where the
4    child was left without supervision;
5        (6) the time of day or night when the child was left
6    without supervision;
7        (7) the weather conditions, including whether the
8    child was left in a location with adequate protection from
9    the natural elements such as adequate heat or light;
10        (8) the location of the parent, guardian, or other
11    person having physical custody or control of the child at
12    the time the child was left without supervision, the
13    physical distance the child was from the parent, guardian,
14    or other person having physical custody or control of the
15    child at the time the child was without supervision;
16        (9) whether the child's movement was restricted, or
17    the child was otherwise locked within a room or other
18    structure;
19        (10) whether the child was given a phone number of a
20    person or location to call in the event of an emergency and
21    whether the child was capable of making an emergency call;
22        (11) whether there was food and other provision left
23    for the child;
24        (12) whether any of the conduct is attributable to
25    economic hardship or illness and the parent, guardian or
26    other person having physical custody or control of the

 

 

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1    child made a good faith effort to provide for the health
2    and safety of the child;
3        (13) the age and physical and mental capabilities of
4    the person or persons who provided supervision for the
5    child;
6        (14) any other factor that would endanger the health
7    or safety of that particular child;
8        (15) whether the child was left under the supervision
9    of another person.
10    (c) Child abandonment is a Class 4 felony. A second or
11subsequent offense after a prior conviction is a Class 3
12felony. A parent, who is found to be in violation of this
13Section with respect to his or her child, may be sentenced to
14probation for this offense pursuant to Section 12C-15.
15(Source: P.A. 98-756, eff. 7-16-14; 99-143, eff. 7-27-15.)".