Illinois General Assembly - Full Text of SB2567
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Full Text of SB2567  102nd General Assembly

SB2567sam001 102ND GENERAL ASSEMBLY

Sen. Melinda Bush

Filed: 4/9/2021

 

 


 

 


 
10200SB2567sam001LRB102 16570 KMF 24945 a

1
AMENDMENT TO SENATE BILL 2567

2    AMENDMENT NO. ______. Amend Senate Bill 2567 on page 1,
3immediately below line 3, by inserting:
 
4    "Section 5. The Abused and Neglected Child Reporting Act
5is 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
8requires:
9    "Adult resident" means any person between 18 and 22 years
10of age who resides in any facility licensed by the Department
11under the Child Care Act of 1969. For purposes of this Act, the
12criteria set forth in the definitions of "abused child" and
13"neglected child" shall be used in determining whether an
14adult resident is abused or neglected.
15    "Agency" means a child care facility licensed under
16Section 2.05 or Section 2.06 of the Child Care Act of 1969 and

 

 

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1includes a transitional living program that accepts children
2and adult residents for placement who are in the guardianship
3of the Department.
4    "Blatant disregard" means an incident where the real,
5significant, and imminent risk of harm would be so obvious to a
6reasonable parent or caretaker that it is unlikely that a
7reasonable parent or caretaker would have exposed the child to
8the danger without exercising precautionary measures to
9protect the child from harm. With respect to a person working
10at an agency in his or her professional capacity with a child
11or adult resident, "blatant disregard" includes a failure by
12the person to perform job responsibilities intended to protect
13the child's or adult resident's health, physical well-being,
14or welfare, and, when viewed in light of the surrounding
15circumstances, evidence exists that would cause a reasonable
16person to believe that the child was neglected. With respect
17to an agency, "blatant disregard" includes a failure to
18implement practices that ensure the health, physical
19well-being, or welfare of the children and adult residents
20residing in the facility.
21    "Child" means any person under the age of 18 years, unless
22legally emancipated by reason of marriage or entry into a
23branch of the United States armed services.
24    "Department" means Department of Children and Family
25Services.
26    "Local law enforcement agency" means the police of a city,

 

 

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1town, village or other incorporated area or the sheriff of an
2unincorporated area or any sworn officer of the Illinois
3Department of State Police.
4    "Abused child" means a child whose parent or immediate
5family member, or any person responsible for the child's
6welfare, or any individual residing in the same home as the
7child, or a paramour of the child's parent:
8        (a) inflicts, causes to be inflicted, or allows to be
9    inflicted upon such child physical injury, by other than
10    accidental means, which causes death, disfigurement,
11    impairment of physical or emotional health, or loss or
12    impairment of any bodily function;
13        (b) creates a substantial risk of physical injury to
14    such child by other than accidental means which would be
15    likely to cause death, disfigurement, impairment of
16    physical or emotional health, or loss or impairment of any
17    bodily function;
18        (c) commits or allows to be committed any sex offense
19    against such child, as such sex offenses are defined in
20    the Criminal Code of 2012 or in the Wrongs to Children Act,
21    and extending those definitions of sex offenses to include
22    children under 18 years of age;
23        (d) commits or allows to be committed an act or acts of
24    torture upon such child;
25        (e) inflicts excessive corporal punishment or, in the
26    case of a person working for an agency who is prohibited

 

 

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1    from using corporal punishment, inflicts corporal
2    punishment upon a child or adult resident with whom the
3    person is working in his or her professional capacity;
4        (f) commits or allows to be committed the offense of
5    female genital mutilation, as defined in Section 12-34 of
6    the Criminal Code of 2012, against the child;
7        (g) causes to be sold, transferred, distributed, or
8    given to such child under 18 years of age, a controlled
9    substance as defined in Section 102 of the Illinois
10    Controlled Substances Act in violation of Article IV of
11    the Illinois Controlled Substances Act or in violation of
12    the Methamphetamine Control and Community Protection Act,
13    except for controlled substances that are prescribed in
14    accordance with Article III of the Illinois Controlled
15    Substances Act and are dispensed to such child in a manner
16    that substantially complies with the prescription; or
17        (h) commits or allows to be committed the offense of
18    involuntary servitude, involuntary sexual servitude of a
19    minor, or trafficking in persons as defined in Section
20    10-9 of the Criminal Code of 2012 against the child.
21    A child shall not be considered abused for the sole reason
22that the child has been relinquished in accordance with the
23Abandoned Newborn Infant Protection Act.
24    "Neglected child" means any child who is not receiving the
25proper or necessary nourishment or medically indicated
26treatment including food or care not provided solely on the

 

 

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1basis of the present or anticipated mental or physical
2impairment as determined by a physician acting alone or in
3consultation with other physicians or otherwise is not
4receiving the proper or necessary support or medical or other
5remedial care recognized under State law as necessary for a
6child's well-being, or other care necessary for his or her
7well-being, including adequate food, clothing and shelter; or
8who is subjected to an environment which is injurious insofar
9as (i) the child's environment creates a likelihood of harm to
10the child's health, physical well-being, or welfare and (ii)
11the likely harm to the child is the result of a blatant
12disregard of parent, caretaker, person responsible for the
13child's welfare, or agency responsibilities; or who is
14abandoned by his or her parents or other person responsible
15for the child's welfare without a proper plan of care; or who
16has been provided with interim crisis intervention services
17under Section 3-5 of the Juvenile Court Act of 1987 and whose
18parent, guardian, or custodian refuses to permit the child to
19return home and no other living arrangement agreeable to the
20parent, guardian, or custodian can be made, and the parent,
21guardian, or custodian has not made any other appropriate
22living arrangement for the child; or who is a newborn infant
23whose blood, urine, or meconium contains any amount of a
24controlled substance as defined in subsection (f) of Section
25102 of the Illinois Controlled Substances Act or a metabolite
26thereof, with the exception of a controlled substance or

 

 

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1metabolite thereof whose presence in the newborn infant is the
2result of medical treatment administered to the mother or the
3newborn infant. A child shall not be considered neglected for
4the sole reason that the child's parent or other person
5responsible for his or her welfare has left the child in the
6care of an adult relative for any period of time. A child shall
7not be considered neglected for the sole reason that the child
8has been relinquished in accordance with the Abandoned Newborn
9Infant Protection Act. A child shall not be considered
10neglected or abused for the sole reason that such child's
11parent or other person responsible for his or her welfare
12depends upon spiritual means through prayer alone for the
13treatment or cure of disease or remedial care as provided
14under Section 4 of this Act. A child shall not be considered
15neglected or abused solely because the child is not attending
16school in accordance with the requirements of Article 26 of
17The School Code, as amended.
18    "Child Protective Service Unit" means certain specialized
19State employees of the Department assigned by the Director to
20perform the duties and responsibilities as provided under
21Section 7.2 of this Act.
22    "Near fatality" means an act that, as certified by a
23physician, places the child in serious or critical condition,
24including acts of great bodily harm inflicted upon children
25under 13 years of age, and as otherwise defined by Department
26rule.

 

 

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1    "Great bodily harm" includes bodily injury which creates a
2high probability of death, or which causes serious permanent
3disfigurement, or which causes a permanent or protracted loss
4or impairment of the function of any bodily member or organ, or
5other serious bodily harm.
6    "Person responsible for the child's welfare" means the
7child's parent; guardian; foster parent; relative caregiver;
8any person responsible for the child's welfare in a public or
9private residential agency or institution; any person
10responsible for the child's welfare within a public or private
11profit or not for profit child care facility; or any other
12person responsible for the child's welfare at the time of the
13alleged abuse or neglect, including any person who commits or
14allows to be committed, that is the custodian of a child under
1518 years of age who commits or allows to be committed, against
16the child, the offense of involuntary servitude, involuntary
17sexual servitude of a minor, or trafficking in persons for
18forced labor or services, as provided in Section 10-9 of the
19Criminal Code of 2012, including but not limited to the
20custodian of the minor, or any person who came to know the
21child through an official capacity or position of trust,
22including but not limited to health care professionals,
23educational personnel, recreational supervisors, members of
24the clergy, and volunteers or support personnel in any setting
25where children may be subject to abuse or neglect.
26    "Temporary protective custody" means custody within a

 

 

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1hospital or other medical facility or a place previously
2designated for such custody by the Department, subject to
3review by the Court, including a licensed foster home, group
4home, or other institution; but such place shall not be a jail
5or other place for the detention of criminal or juvenile
6offenders.
7    "An unfounded report" means any report made under this Act
8for which it is determined after an investigation that no
9credible evidence of abuse or neglect exists.
10    "An indicated report" means a report made under this Act
11if an investigation determines that credible evidence of the
12alleged abuse or neglect exists.
13    "An undetermined report" means any report made under this
14Act in which it was not possible to initiate or complete an
15investigation on the basis of information provided to the
16Department.
17    "Subject of report" means any child reported to the
18central register of child abuse and neglect established under
19Section 7.7 of this Act as an alleged victim of child abuse or
20neglect and the parent or guardian of the alleged victim or
21other person responsible for the alleged victim's welfare who
22is named in the report or added to the report as an alleged
23perpetrator of child abuse or neglect.
24    "Perpetrator" means a person who, as a result of
25investigation, has been determined by the Department to have
26caused child abuse or neglect.

 

 

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1    "Member of the clergy" means a clergyman or practitioner
2of any religious denomination accredited by the religious body
3to which he or she belongs.
4(Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19.)";
5and
 
6on page 1, line 4, by replacing "5" with "10".