Full Text of HB2564 101st General Assembly
HB2564 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2564 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: |
| 705 ILCS 405/2-3 | from Ch. 37, par. 802-3 |
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Amends the Juvenile Court Act of 1987. Removes from the definition of "neglected" for purposes of the Act any minor under the age of 14 years whose parent or other person
responsible for the minor's welfare leaves the minor without
supervision for an unreasonable period of time without regard for the mental or
physical health, safety, or welfare of that minor. Makes conforming changes.
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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 who is not | 10 | | receiving
the proper or necessary support, education as
| 11 | | required by law, or medical or other remedial care | 12 | | recognized under
State law as necessary for a minor's | 13 | | well-being, or other care necessary
for his or her | 14 | | well-being, including adequate food, clothing and shelter,
| 15 | | or who is abandoned by his or her parent or parents or | 16 | | other person or persons responsible for
the minor's | 17 | | welfare, except that a minor shall not be considered | 18 | | neglected
for the sole reason that the minor's parent or | 19 | | parents or other person or persons responsible for the
| 20 | | minor's welfare have left the minor in the care of an adult | 21 | | relative for any
period of time, who the parent or parents | 22 | | or other person responsible for the minor's welfare know is | 23 | | both a mentally capable adult relative and physically |
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| 1 | | capable adult relative, as defined by this Act; or | 2 | | (b) any minor under 18 years of age whose environment | 3 | | is injurious
to his or her welfare; or | 4 | | (c) any newborn infant whose blood, urine, or meconium
| 5 | | contains any amount of a
controlled substance as defined in | 6 | | subsection (f) of Section 102 of the
Illinois Controlled | 7 | | Substances Act, as now or hereafter amended, or a
| 8 | | metabolite of a controlled substance, with the exception of | 9 | | controlled
substances or metabolites of such substances, | 10 | | the presence of which in the
newborn infant is the result | 11 | | of medical treatment administered to the
mother or the | 12 | | newborn infant; or | 13 | | (d) (blank); or any minor under the age of 14 years | 14 | | whose parent or other person
responsible for the minor's | 15 | | welfare leaves the minor without
supervision for an | 16 | | unreasonable period of time without regard for the mental | 17 | | or
physical health, safety, or welfare of that minor; or | 18 | | (e) any minor who has been provided with interim crisis | 19 | | intervention
services under Section 3-5 of this Act and | 20 | | whose parent, guardian, or custodian
refuses to permit the | 21 | | minor to return home unless the minor is an immediate | 22 | | physical danger to himself, herself, or others living in | 23 | | the home.
| 24 | | Whether the minor was left without regard for the mental or | 25 | | physical health,
safety, or welfare of that minor or the period | 26 | | of time was unreasonable shall
be determined by considering the |
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| 1 | | following factors, including but not limited
to : | 2 | | (1) the age of the minor; | 3 | | (2) the number of minors left at the location; | 4 | | (3) special needs of the minor, including whether the | 5 | | minor is a person with a physical or mental disability, or | 6 | | otherwise in need of ongoing prescribed medical
treatment | 7 | | such as periodic doses of insulin or other medications; | 8 | | (4) the duration of time in which the minor was left | 9 | | without supervision; | 10 | | (5) the condition and location of the place where the | 11 | | minor was left
without supervision; | 12 | | (6) the time of day or night when the minor was left | 13 | | without supervision; | 14 | | (7) the weather conditions, including whether the | 15 | | minor was left in a
location with adequate protection from | 16 | | the natural elements such as adequate
heat or light; | 17 | | (8) the location of the parent or guardian at the time | 18 | | the minor was left
without supervision, the physical | 19 | | distance the minor was from the parent or
guardian at the | 20 | | time the minor was without supervision; | 21 | | (9) whether the minor's movement was restricted, or the | 22 | | minor was
otherwise locked within a room or other | 23 | | structure; | 24 | | (10) whether the minor was given a phone number of a | 25 | | person or location to
call in the event of an emergency and | 26 | | whether the minor was capable of making
an emergency call; |
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| 1 | | (11) whether there was food and other provision left | 2 | | for the minor; | 3 | | (12) whether any of the conduct is attributable to | 4 | | economic hardship or
illness and the parent, guardian or | 5 | | other person having physical custody or
control of the | 6 | | child made a good faith effort to provide for the health | 7 | | and
safety of the minor; | 8 | | (13) the age and physical and mental capabilities of | 9 | | the person or persons
who provided supervision for the | 10 | | minor; | 11 | | (14) whether the minor was left under the supervision | 12 | | of another person; | 13 | | (15) any other factor that would endanger the health | 14 | | and safety of that
particular minor. | 15 | | A minor shall not be considered neglected for the sole | 16 | | reason that the
minor has been relinquished in accordance with | 17 | | the Abandoned Newborn Infant
Protection Act. | 18 | | (2) Those who are abused include any minor under 18 years | 19 | | of age whose
parent or immediate family member, or any person | 20 | | responsible
for the minor's welfare, or any person who is in | 21 | | the same family or household
as the minor, or any individual | 22 | | residing in the same home as the minor, or
a paramour of the | 23 | | minor's parent: | 24 | | (i) inflicts, causes to be inflicted, or allows to be | 25 | | inflicted upon
such minor physical injury, by other than | 26 | | accidental means, which causes death,
disfigurement, |
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| 1 | | impairment of physical or emotional health, or loss or
| 2 | | impairment of any bodily function; | 3 | | (ii) creates a substantial risk of physical injury to | 4 | | such minor by
other than accidental means which would be | 5 | | likely to cause death,
disfigurement, impairment of | 6 | | emotional health, or loss or impairment of any
bodily | 7 | | function; | 8 | | (iii) commits or allows to be committed any sex offense | 9 | | against such
minor, as such sex offenses are defined in the | 10 | | Criminal Code of 1961 or the Criminal Code of 2012, or in | 11 | | the Wrongs to Children Act, and extending those definitions | 12 | | of sex offenses to include minors
under 18 years of age; | 13 | | (iv) commits or allows to be committed an act or acts | 14 | | of torture upon
such minor; | 15 | | (v) inflicts excessive corporal punishment; | 16 | | (vi) commits or allows to be committed the offense of | 17 | | involuntary servitude, involuntary sexual servitude of a | 18 | | minor, or trafficking in persons as defined in Section 10-9 | 19 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 20 | | upon such minor; or | 21 | | (vii) allows, encourages or requires a minor to commit | 22 | | any act of prostitution, as defined in the Criminal Code of | 23 | | 1961 or the Criminal Code of 2012, and extending those | 24 | | definitions to include minors under 18 years of age. | 25 | | A minor shall not be considered abused for the sole reason | 26 | | that the minor
has been relinquished in accordance with the |
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| 1 | | Abandoned Newborn Infant
Protection Act. | 2 | | (3) This Section does not apply to a minor who would be | 3 | | included
herein solely for the purpose of qualifying for | 4 | | financial assistance for
himself, his parents, guardian or | 5 | | custodian. | 6 | | (Source: P.A. 99-143, eff. 7-27-15.)
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