Illinois General Assembly - Full Text of HB4964
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB4964  102nd General Assembly

HB4964 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4964

 

Introduced 1/27/2022, by Rep. Dave Vella

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/2-3  from Ch. 37, par. 802-3

    Amends the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987. Restricts a court from making a finding of probable cause to believe that a minor is abused or neglected based only on a parent disclosing that the parent is the victim of domestic violence and the parent is seeking or accessing services for domestic violence.


LRB102 25433 LNS 34719 b

 

 

A BILL FOR

 

HB4964LRB102 25433 LNS 34719 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17    well-being, or other care necessary for his or her
18    well-being, including adequate food, clothing and shelter,
19    or who is abandoned by his or her parent or parents or
20    other person or persons responsible for the minor's
21    welfare, except that a minor shall not be considered
22    neglected for the sole reason that the minor's parent or
23    parents or other person or persons responsible for the

 

 

HB4964- 2 -LRB102 25433 LNS 34719 b

1    minor's welfare have left the minor in the care of an adult
2    relative for any period of time, who the parent or parents
3    or other person responsible for the minor's welfare know
4    is both a mentally capable adult relative and physically
5    capable adult relative, as defined by this Act; or
6        (b) any minor under 18 years of age or a minor 18 years
7    of age or older for whom the court has made a finding of
8    probable cause to believe that the minor is abused,
9    neglected, or dependent under subsection (1) of Section
10    2-10 prior to the minor's 18th birthday whose environment
11    is injurious to his or her welfare; or
12        (c) any newborn infant whose blood, urine, or meconium
13    contains any amount of a controlled substance as defined
14    in subsection (f) of Section 102 of the Illinois
15    Controlled Substances Act, as now or hereafter amended, or
16    a metabolite of a controlled substance, with the exception
17    of controlled substances or metabolites of such
18    substances, the presence of which in the newborn infant is
19    the result of medical treatment administered to the mother
20    or the newborn infant; or
21        (d) any minor under the age of 14 years whose parent or
22    other person responsible for the minor's welfare leaves
23    the minor without supervision for an unreasonable period
24    of time without regard for the mental or physical health,
25    safety, or welfare of that minor; or
26        (e) any minor who has been provided with interim

 

 

HB4964- 3 -LRB102 25433 LNS 34719 b

1    crisis intervention services under Section 3-5 of this Act
2    and whose parent, guardian, or custodian refuses to permit
3    the minor to return home unless the minor is an immediate
4    physical danger to himself, herself, or others living in
5    the home.
6    Whether the minor was left without regard for the mental
7or physical health, safety, or welfare of that minor or the
8period of time was unreasonable shall be determined by
9considering the following factors, including but not limited
10to:
11        (1) the age of the minor;
12        (2) the number of minors left at the location;
13        (3) special needs of the minor, including whether the
14    minor is a person with a physical or mental disability, or
15    otherwise in need of ongoing prescribed medical treatment
16    such as periodic doses of insulin or other medications;
17        (4) the duration of time in which the minor was left
18    without supervision;
19        (5) the condition and location of the place where the
20    minor was left without supervision;
21        (6) the time of day or night when the minor was left
22    without supervision;
23        (7) the weather conditions, including whether the
24    minor was left in a location with adequate protection from
25    the natural elements such as adequate heat or light;
26        (8) the location of the parent or guardian at the time

 

 

HB4964- 4 -LRB102 25433 LNS 34719 b

1    the minor was left without supervision, the physical
2    distance the minor was from the parent or guardian at the
3    time the minor was without supervision;
4        (9) whether the minor's movement was restricted, or
5    the minor was otherwise locked within a room or other
6    structure;
7        (10) whether the minor was given a phone number of a
8    person or location to call in the event of an emergency and
9    whether the minor was capable of making an emergency call;
10        (11) whether there was food and other provision left
11    for the minor;
12        (12) whether any of the conduct is attributable to
13    economic hardship or illness and the parent, guardian or
14    other person having physical custody or control of the
15    child made a good faith effort to provide for the health
16    and safety of the minor;
17        (13) the age and physical and mental capabilities of
18    the person or persons who provided supervision for the
19    minor;
20        (14) whether the minor was left under the supervision
21    of another person;
22        (15) any other factor that would endanger the health
23    and safety of that particular minor.
24    A minor shall not be considered neglected for the sole
25reason that the minor has been relinquished in accordance with
26the Abandoned Newborn Infant Protection Act.

 

 

HB4964- 5 -LRB102 25433 LNS 34719 b

1    (2) Those who are abused include any minor under 18 years
2of age or a minor 18 years of age or older for whom the court
3has made a finding of probable cause to believe that the minor
4is abused, neglected, or dependent under subsection (1) of
5Section 2-10 prior to the minor's 18th birthday whose parent
6or immediate family member, or any person responsible for the
7minor's welfare, or any person who is in the same family or
8household as the minor, or any individual residing in the same
9home as the minor, or a paramour of the minor's parent:
10        (i) inflicts, causes to be inflicted, or allows to be
11    inflicted upon such minor physical injury, by other than
12    accidental means, which causes death, disfigurement,
13    impairment of physical or emotional health, or loss or
14    impairment of any bodily function;
15        (ii) creates a substantial risk of physical injury to
16    such minor by other than accidental means which would be
17    likely to cause death, disfigurement, impairment of
18    emotional health, or loss or impairment of any bodily
19    function;
20        (iii) commits or allows to be committed any sex
21    offense against such minor, as such sex offenses are
22    defined in the Criminal Code of 1961 or the Criminal Code
23    of 2012, or in the Wrongs to Children Act, and extending
24    those definitions of sex offenses to include minors under
25    18 years of age;
26        (iv) commits or allows to be committed an act or acts

 

 

HB4964- 6 -LRB102 25433 LNS 34719 b

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

 

 

HB4964- 7 -LRB102 25433 LNS 34719 b

1Violence Act of 1986, and the parent is seeking or accessing
2services for domestic violence.
3(Source: P.A. 101-79, eff. 7-12-19.)