Full Text of SB2567 102nd General Assembly
SB2567sam001 102ND GENERAL ASSEMBLY | Sen. Melinda Bush Filed: 4/9/2021
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| 1 | | AMENDMENT TO SENATE BILL 2567
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2567 on page 1, | 3 | | immediately below line 3, by inserting:
| 4 | | "Section 5. The Abused and Neglected Child Reporting Act | 5 | | is 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 | 14 | | adult resident is abused or neglected. | 15 | | "Agency" means a child care facility licensed under | 16 | | Section 2.05 or Section 2.06 of the Child Care Act of 1969 and |
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| 1 | | includes a transitional living program that accepts children | 2 | | and adult residents for placement who are in the guardianship | 3 | | of the Department. | 4 | | "Blatant disregard" means an incident where the real, | 5 | | significant, and imminent risk of harm would be so obvious to a | 6 | | reasonable parent or caretaker that it is unlikely that a | 7 | | reasonable parent or caretaker would have exposed the child to | 8 | | the danger without exercising precautionary measures to | 9 | | protect the child from harm. With respect to a person working | 10 | | at an agency in his or her professional capacity with a child | 11 | | or adult resident, "blatant disregard" includes a failure by | 12 | | the person to perform job responsibilities intended to protect | 13 | | the child's or adult resident's health, physical well-being, | 14 | | or welfare, and, when viewed in light of the surrounding | 15 | | circumstances, evidence exists that would cause a reasonable | 16 | | person to believe that the child was neglected. With respect | 17 | | to an agency, "blatant disregard" includes a failure to | 18 | | implement practices that ensure the health, physical | 19 | | well-being, or welfare of the children and adult residents | 20 | | residing in the facility. | 21 | | "Child" means any person under the age of 18 years, unless | 22 | | legally
emancipated by reason of marriage or entry into a | 23 | | branch of the United
States armed services. | 24 | | "Department" means Department of Children and Family | 25 | | Services. | 26 | | "Local law enforcement agency" means the police of a city, |
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| 1 | | town,
village or other incorporated area or the sheriff of an | 2 | | unincorporated
area or any sworn officer of the Illinois | 3 | | Department of State Police. | 4 | | "Abused child"
means a child whose parent or immediate | 5 | | family
member,
or any person responsible for the child's | 6 | | welfare, or any individual
residing in the same home as the | 7 | | child, 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 | 22 | | that the child
has been relinquished in accordance with the | 23 | | Abandoned Newborn Infant
Protection Act. | 24 | | "Neglected child" means any child who is not receiving the | 25 | | proper or
necessary nourishment or medically indicated | 26 | | treatment including food or care
not provided solely on the |
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| 1 | | basis of the present or anticipated mental or
physical | 2 | | impairment as determined by a physician acting alone or in
| 3 | | consultation with other physicians or otherwise is not | 4 | | receiving the proper or
necessary support or medical or other | 5 | | remedial care recognized under State law
as necessary for a | 6 | | child's well-being, or other care necessary for his or her
| 7 | | well-being, including adequate food, clothing and shelter; or | 8 | | who is subjected to an environment which is injurious insofar | 9 | | as (i) the child's environment creates a likelihood of harm to | 10 | | the child's health, physical well-being, or welfare and (ii) | 11 | | the likely harm to the child is the result of a blatant | 12 | | disregard of parent, caretaker, person responsible for the | 13 | | child's welfare, or agency responsibilities; or who is | 14 | | abandoned
by his or her parents or other person responsible | 15 | | for the child's welfare
without a proper plan of care; or who | 16 | | has been provided with interim crisis intervention services | 17 | | under
Section 3-5 of
the Juvenile Court Act of 1987 and whose | 18 | | parent, guardian, or custodian refuses to
permit
the child to | 19 | | return home and no other living arrangement agreeable
to the | 20 | | parent, guardian, or custodian can be made, and the parent, | 21 | | guardian, or custodian has not made any other appropriate | 22 | | living arrangement for the child; or who is a newborn infant | 23 | | whose blood, urine,
or meconium
contains any amount of a | 24 | | controlled substance as defined in subsection (f) of
Section | 25 | | 102 of the Illinois Controlled Substances Act or a metabolite | 26 | | thereof,
with the exception of a controlled substance or |
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| 1 | | metabolite thereof whose
presence in the newborn infant is the | 2 | | result of medical treatment administered
to the mother or the | 3 | | newborn infant. A child shall not be considered neglected
for | 4 | | the sole reason that the child's parent or other person | 5 | | responsible for his
or her welfare has left the child in the | 6 | | care of an adult relative for any
period of time. A child shall | 7 | | not be considered neglected for the sole reason
that the child | 8 | | has been relinquished in accordance with the Abandoned Newborn
| 9 | | Infant Protection Act. A child shall not be considered | 10 | | neglected or abused
for the
sole reason that such child's | 11 | | parent or other person responsible for his or her
welfare | 12 | | depends upon spiritual means through prayer alone for the | 13 | | treatment or
cure of disease or remedial care as provided | 14 | | under Section 4 of this Act. A
child shall not be considered | 15 | | neglected or abused solely because the child is
not attending | 16 | | school in accordance with the requirements of Article 26 of | 17 | | The
School Code, as amended. | 18 | | "Child Protective Service Unit" means certain specialized | 19 | | State employees of
the Department assigned by the Director to | 20 | | perform the duties and
responsibilities as provided under | 21 | | Section 7.2 of this Act. | 22 | | "Near fatality" means an act that, as certified by a | 23 | | physician, places the child in serious or critical condition, | 24 | | including acts of great bodily harm inflicted upon children | 25 | | under 13 years of age, and as otherwise defined by Department | 26 | | rule. |
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| 1 | | "Great bodily harm" includes bodily injury which creates a | 2 | | high probability of death, or which causes serious permanent | 3 | | disfigurement, or which causes a permanent or protracted loss | 4 | | or impairment of the function of any bodily member or organ, or | 5 | | other serious bodily harm. | 6 | | "Person responsible for the child's welfare" means the | 7 | | child's parent;
guardian; foster parent; relative caregiver; | 8 | | any person responsible for the
child's welfare in a public or | 9 | | private residential agency or institution; any
person | 10 | | responsible for the child's welfare within a public or private | 11 | | profit or
not for profit child care facility; or any other | 12 | | person responsible for the
child's welfare at the time of the | 13 | | alleged abuse or neglect, including any person who commits or | 14 | | allows to be committed, that is the custodian of a child under | 15 | | 18 years of age who commits or allows to be committed, against | 16 | | the child, the offense of involuntary servitude, involuntary | 17 | | sexual servitude of a minor, or trafficking in persons for | 18 | | forced labor or services, as provided in Section 10-9 of the | 19 | | Criminal Code of 2012, including but not limited to the | 20 | | custodian of the minor, or any person who
came to know the | 21 | | child through an official capacity or position of trust,
| 22 | | including but not limited to health care professionals, | 23 | | educational personnel,
recreational supervisors, members of | 24 | | the clergy, and volunteers or
support personnel in any setting
| 25 | | where children may be subject to abuse or neglect. | 26 | | "Temporary protective custody" means custody within a |
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| 1 | | hospital or
other medical facility or a place previously | 2 | | designated for such custody
by the Department, subject to | 3 | | review by the Court, including a licensed
foster home, group | 4 | | home, or other institution; but such place shall not
be a jail | 5 | | or other place for the detention of criminal or juvenile | 6 | | offenders. | 7 | | "An unfounded report" means any report made under this Act | 8 | | for which
it is determined after an investigation that no | 9 | | credible evidence of
abuse or neglect exists. | 10 | | "An indicated report" means a report made under this Act | 11 | | if an
investigation determines that credible evidence of the | 12 | | alleged
abuse or neglect exists. | 13 | | "An undetermined report" means any report made under this | 14 | | Act in
which it was not possible to initiate or complete an | 15 | | investigation on
the basis of information provided to the | 16 | | Department. | 17 | | "Subject of report" means any child reported to the | 18 | | central register
of child abuse and neglect established under | 19 | | Section 7.7 of this Act as an alleged victim of child abuse or | 20 | | neglect and
the parent or guardian of the alleged victim or | 21 | | other person responsible for the alleged victim's welfare who | 22 | | is named in the report or added to the report as an alleged | 23 | | perpetrator of child abuse or neglect. | 24 | | "Perpetrator" means a person who, as a result of | 25 | | investigation, has
been determined by the Department to have | 26 | | caused child abuse or neglect. |
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| 1 | | "Member of the clergy" means a clergyman or practitioner | 2 | | of any religious
denomination accredited by the religious body | 3 | | to which he or she belongs. | 4 | | (Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19 .)"; | 5 | | and
| 6 | | on page 1, line 4, by replacing "5" with "10".
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