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 |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing 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
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| 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 |
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| 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 | 7 | | or physical health,
safety, or welfare of that minor or the | 8 | | period of time was unreasonable shall
be determined by | 9 | | considering the following factors, including but not limited
| 10 | | to: | 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 |
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| 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 | 25 | | reason that the
minor has been relinquished in accordance with | 26 | | the Abandoned Newborn Infant
Protection Act. |
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| 1 | | (2) Those who are abused include any minor under 18 years | 2 | | of age or a minor 18 years of age or older for whom the court | 3 | | has made a finding of probable cause to believe that the minor | 4 | | is abused, neglected, or dependent under subsection (1) of | 5 | | Section 2-10 prior to the minor's 18th birthday whose
parent | 6 | | or immediate family member, or any person responsible
for the | 7 | | minor's welfare, or any person who is in the same family or | 8 | | household
as the minor, or any individual residing in the same | 9 | | home 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 |
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| 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 | 13 | | that the minor
has been relinquished in accordance with the | 14 | | Abandoned Newborn Infant
Protection Act. | 15 | | (3) This Section does not apply to a minor who would be | 16 | | included
herein solely for the purpose of qualifying for | 17 | | financial assistance for
himself, his parents, guardian or | 18 | | custodian. | 19 | | (4) The changes made by this amendatory Act of the 101st | 20 | | General Assembly apply to a case that is pending on or after | 21 | | the effective date of this amendatory Act of the 101st General | 22 | | Assembly. | 23 | | (5) A court shall not make a finding of probable cause to | 24 | | believe that a minor is abused or neglected under this Section | 25 | | based only on a parent disclosing that the parent is the victim | 26 | | of domestic violence, as defined by the Illinois Domestic |
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| 1 | | Violence Act of 1986, and the parent is seeking or accessing | 2 | | services for domestic violence. | 3 | | (Source: P.A. 101-79, eff. 7-12-19.)
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