Full Text of HB0520 096th General Assembly
HB0520enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning courts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Sections 1-3, 2-3 and 2-4 as follows:
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| (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
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| Sec. 1-3. Definitions. Terms used in this Act, unless the | 8 |
| context
otherwise requires, have the following meanings | 9 |
| ascribed to them:
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| (1) "Adjudicatory hearing" means a hearing to
determine | 11 |
| whether the allegations of a petition under Section 2-13, 3-15 | 12 |
| or
4-12 that a minor under 18 years of age is abused, neglected | 13 |
| or dependent, or
requires authoritative intervention, or | 14 |
| addicted, respectively, are supported
by a preponderance of the | 15 |
| evidence or whether the allegations of a petition
under Section | 16 |
| 5-520 that a minor is delinquent are proved beyond a reasonable
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| doubt.
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| (2) "Adult" means a person 21 years of age or older.
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| (3) "Agency" means a public or private child care facility
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| legally authorized or licensed by this State for placement or | 21 |
| institutional
care or for both placement and institutional | 22 |
| care.
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| (4) "Association" means any organization, public or
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| private, engaged in welfare functions which include services to | 2 |
| or on behalf of
children but does not include "agency" as | 3 |
| herein defined.
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| (4.05) Whenever a "best interest" determination is
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| required, the following factors shall be considered in the | 6 |
| context of the
child's age and developmental needs:
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| (a) the physical safety and welfare of the child, | 8 |
| including food, shelter,
health, and clothing;
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| (b) the development of the child's identity;
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| (c) the child's background and ties, including | 11 |
| familial,
cultural, and religious;
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| (d) the child's sense of attachments, including:
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| (i) where the child actually feels love, | 14 |
| attachment, and a sense of
being valued (as opposed to | 15 |
| where adults believe the child should
feel such love, | 16 |
| attachment, and a sense of being valued);
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| (ii) the child's sense of security;
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| (iii) the child's sense of familiarity;
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| (iv) continuity of affection for the child;
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| (v) the least disruptive placement alternative for | 21 |
| the child;
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| (e) the child's wishes and long-term goals;
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| (f) the child's community ties, including church, | 24 |
| school, and friends;
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| (g) the child's need for permanence which includes the | 26 |
| child's need for
stability and continuity of relationships |
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| with parent figures and with siblings
and other relatives;
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| (h) the uniqueness of every family and child;
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| (i) the risks attendant to entering and being in | 4 |
| substitute care; and
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| (j) the preferences of the persons available to care | 6 |
| for the child.
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| (4.1) "Chronic truant" shall have the definition
ascribed | 8 |
| to it in Section 26-2a of the School Code.
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| (5) "Court" means the circuit court in a session or | 10 |
| division
assigned to hear proceedings under this Act.
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| (6) "Dispositional hearing" means a hearing to
determine | 12 |
| whether a minor should be adjudged to be a ward of the court, | 13 |
| and to
determine what order of disposition should be made in | 14 |
| respect to a minor
adjudged to be a ward of the court.
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| (7) "Emancipated minor" means any minor 16 years of age or | 16 |
| over who has
been completely or partially emancipated under the | 17 |
| Emancipation of
Minors Act or
under this Act.
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| (8) "Guardianship of the person" of a minor
means the duty | 19 |
| and authority to act in the best interests of the minor, | 20 |
| subject
to residual parental rights and responsibilities, to | 21 |
| make important decisions
in matters having a permanent effect | 22 |
| on the life and development of the minor
and to be concerned | 23 |
| with his or her general welfare. It includes but is not
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| necessarily limited to:
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| (a) the authority to consent to marriage, to enlistment | 26 |
| in the armed
forces of the United States, or to a major |
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| medical, psychiatric, and
surgical treatment; to represent | 2 |
| the minor in legal actions; and to make
other decisions of | 3 |
| substantial legal significance concerning the minor;
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| (b) the authority and duty of reasonable visitation, | 5 |
| except to the
extent that these have been limited in the | 6 |
| best interests of the minor by
court order;
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| (c) the rights and responsibilities of legal custody | 8 |
| except where legal
custody has been vested in another | 9 |
| person or agency; and
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| (d) the power to consent to the adoption of the minor, | 11 |
| but only if
expressly conferred on the guardian in | 12 |
| accordance with Section 2-29, 3-30, or
4-27.
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| (9) "Legal custody" means the relationship created by an
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| order of court in the best interests of the minor which imposes | 15 |
| on the
custodian the responsibility of physical possession of a | 16 |
| minor and the duty to
protect, train and discipline him and to | 17 |
| provide him with food, shelter,
education and ordinary medical | 18 |
| care, except as these are limited by residual
parental rights | 19 |
| and responsibilities and the rights and responsibilities of the
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| guardian of the person, if any.
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| (9.1) "Mentally capable adult relative" means a person 21 | 22 |
| years of age or older who is not suffering from a mental | 23 |
| illness that prevents him or her from providing the care | 24 |
| necessary to safeguard the physical safety and welfare of a | 25 |
| minor who is left in that person's care by the parent or | 26 |
| parents or other person responsible for the minor's welfare. |
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| (10) "Minor" means a person under the age of 21 years | 2 |
| subject to
this Act.
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| (11) "Parent" means the father or mother of a child and
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| includes any adoptive parent. It also includes a man (i)
whose | 5 |
| paternity
is presumed or has been established under the law of | 6 |
| this or another
jurisdiction or (ii) who has registered with | 7 |
| the Putative Father Registry in
accordance with Section 12.1 of | 8 |
| the Adoption Act and whose paternity has not
been ruled out | 9 |
| under the law of this or another jurisdiction. It does not
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| include a
parent whose rights in respect to the
minor have been | 11 |
| terminated in any manner provided by law.
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| (11.1) "Permanency goal" means a goal set by the court as | 13 |
| defined in
subdivision (2) of Section 2-28.
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| (11.2) "Permanency hearing" means a hearing to set the | 15 |
| permanency goal and
to review and determine (i) the | 16 |
| appropriateness of the services contained in
the plan and | 17 |
| whether those services have been provided, (ii) whether | 18 |
| reasonable
efforts have been made by all the parties to the | 19 |
| service plan to achieve the
goal, and (iii) whether the plan | 20 |
| and goal have been achieved.
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| (12) "Petition" means the petition provided for in Section
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| 2-13, 3-15, 4-12 or 5-520, including any supplemental petitions | 23 |
| thereunder
in Section 3-15, 4-12 or 5-520.
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| (12.1) "Physically capable adult relative" means a person | 25 |
| 21 years of age or older who does not have a severe physical | 26 |
| disability or medical condition, or is not suffering from |
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| alcoholism or drug addiction, that prevents him or her from | 2 |
| providing the care necessary to safeguard the physical safety | 3 |
| and welfare of a minor who is left in that person's care by the | 4 |
| parent or parents or other person responsible for the minor's | 5 |
| welfare. | 6 |
| (13) "Residual parental
rights and responsibilities" means | 7 |
| those rights and responsibilities remaining
with the parent | 8 |
| after the transfer of legal custody or guardianship of the
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| person, including, but not necessarily limited to, the right to | 10 |
| reasonable
visitation (which may be limited by the court in the | 11 |
| best interests of the
minor as provided in subsection (8)(b) of | 12 |
| this Section), the right to consent
to adoption, the right to | 13 |
| determine the minor's religious affiliation, and the
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| responsibility for his support.
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| (14) "Shelter" means the temporary care of a minor in
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| physically unrestricting facilities pending court disposition | 17 |
| or execution of
court order for placement.
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| (15) "Station adjustment" means the informal
handling of an | 19 |
| alleged offender by a juvenile police officer.
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| (16) "Ward of the court" means a minor who is so
adjudged | 21 |
| under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
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| requisite jurisdictional facts, and thus is subject to the | 23 |
| dispositional powers
of the court under this Act.
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| (17) "Juvenile police officer" means a sworn
police officer | 25 |
| who has completed a Basic Recruit Training Course, has been
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| assigned to the position of juvenile police officer by his or |
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| her chief law
enforcement officer and has completed the | 2 |
| necessary juvenile officers training
as prescribed by the | 3 |
| Illinois Law Enforcement Training Standards Board, or in
the | 4 |
| case of a State police officer, juvenile officer
training | 5 |
| approved by the Director of the Department of State Police.
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| (18) "Secure child care facility" means any child care | 7 |
| facility licensed
by the Department of Children and Family | 8 |
| Services to provide secure living
arrangements for children | 9 |
| under 18 years of age who are subject to placement in
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| facilities under the Children and Family Services Act and who | 11 |
| are not subject
to placement in facilities for whom standards | 12 |
| are established by the Department
of Corrections under Section | 13 |
| 3-15-2 of the Unified Code of Corrections.
"Secure child care | 14 |
| facility" also means a
facility that is designed and operated | 15 |
| to ensure that all entrances and
exits
from the facility, a | 16 |
| building, or a distinct part of the building are under the
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| exclusive control of the staff of the facility, whether or not | 18 |
| the child has
the freedom of movement within the perimeter of | 19 |
| the facility, building, or
distinct part of the building.
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| (Source: P.A. 95-331, eff. 8-21-07.)
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| (705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
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| Sec. 2-3. Neglected or abused minor.
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| (1) Those who are neglected include:
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| (a) any minor under 18 years of age who is not | 25 |
| receiving
the proper or necessary support, education as
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| required by law, or medical or other remedial care | 2 |
| recognized under
State law as necessary for a minor's | 3 |
| well-being, or other care necessary
for his or her | 4 |
| well-being, including adequate food, clothing and shelter,
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| or who is abandoned by his or her parent or parents or | 6 |
| other person or persons responsible for
the minor's | 7 |
| welfare, except that a minor shall not be considered | 8 |
| neglected
for the sole reason that the minor's parent or | 9 |
| parents or other person or persons responsible for the
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| minor's welfare have has left the minor in the care of an | 11 |
| adult relative for any
period of time , who the parent or | 12 |
| parents or other person responsible for the minor's welfare | 13 |
| know is both a mentally capable adult relative and | 14 |
| physically capable adult relative, as defined by this Act ; | 15 |
| or
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| (b) any minor under 18 years of age whose environment | 17 |
| is injurious
to his or her welfare; or
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| (c) any newborn infant whose blood, urine, or meconium
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| contains any amount of a
controlled substance as defined in | 20 |
| subsection (f) of Section 102 of the
Illinois Controlled | 21 |
| Substances Act, as now or hereafter amended, or a
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| metabolite of a controlled substance, with the exception of | 23 |
| controlled
substances or metabolites of such substances, | 24 |
| the presence of which in the
newborn infant is the result | 25 |
| of medical treatment administered to the
mother or the | 26 |
| newborn infant; or
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| (d) any minor under the age of 14 years whose parent or | 2 |
| other person
responsible for the minor's welfare leaves the | 3 |
| minor without
supervision for an unreasonable period of | 4 |
| time without regard for the mental or
physical health, | 5 |
| safety, or welfare of that minor; or
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| (e) any minor who has been provided with interim crisis | 7 |
| intervention
services under Section 3-5 of this Act and | 8 |
| whose parent, guardian, or custodian
refuses to permit the | 9 |
| minor to return home unless the minor is an immediate | 10 |
| physical danger to himself, herself, or others living in | 11 |
| the home.
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| Whether the minor was left without regard for the mental or | 13 |
| physical health,
safety, or welfare of that minor or the period | 14 |
| of time was unreasonable shall
be determined by considering the | 15 |
| following factors, including but not limited
to:
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| (1) the age of the minor;
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| (2) the number of minors left at the location;
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| (3) special needs of the minor, including whether the | 19 |
| minor is physically
or mentally handicapped, or otherwise | 20 |
| in need of ongoing prescribed medical
treatment such as | 21 |
| periodic doses of insulin or other medications;
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| (4) the duration of time in which the minor was left | 23 |
| without supervision;
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| (5) the condition and location of the place where the | 25 |
| minor was left
without supervision;
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| (6) the time of day or night when the minor was left |
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| without supervision;
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| (7) the weather conditions, including whether the | 3 |
| minor was left in a
location with adequate protection from | 4 |
| the natural elements such as adequate
heat or light;
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| (8) the location of the parent or guardian at the time | 6 |
| the minor was left
without supervision, the physical | 7 |
| distance the minor was from the parent or
guardian at the | 8 |
| time the minor was without supervision;
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| (9) whether the minor's movement was restricted, or the | 10 |
| minor was
otherwise locked within a room or other | 11 |
| structure;
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| (10) whether the minor was given a phone number of a | 13 |
| person or location to
call in the event of an emergency and | 14 |
| whether the minor was capable of making
an emergency call;
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| (11) whether there was food and other provision left | 16 |
| for the minor;
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| (12) whether any of the conduct is attributable to | 18 |
| economic hardship or
illness and the parent, guardian or | 19 |
| other person having physical custody or
control of the | 20 |
| child made a good faith effort to provide for the health | 21 |
| and
safety of the minor;
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| (13) the age and physical and mental capabilities of | 23 |
| the person or persons
who provided supervision for the | 24 |
| minor;
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| (14) whether the minor was left under the supervision | 26 |
| of another person;
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| (15) any other factor that would endanger the health | 2 |
| and safety of that
particular minor.
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| A minor shall not be considered neglected for the sole | 4 |
| reason that the
minor has been relinquished in accordance with | 5 |
| the Abandoned Newborn Infant
Protection Act.
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| (2) Those who are abused include any minor under 18 years | 7 |
| of age whose
parent or immediate family member, or any person | 8 |
| responsible
for the minor's welfare, or any person who is in | 9 |
| the same family or household
as the minor, or any individual | 10 |
| residing in the same home as the minor, or
a paramour of the | 11 |
| minor's parent:
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| (i) inflicts, causes to be inflicted, or allows to be | 13 |
| inflicted upon
such minor physical injury, by other than | 14 |
| accidental means, which causes death,
disfigurement, | 15 |
| impairment of physical or emotional health, or loss or
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| impairment of any bodily function;
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| (ii) creates a substantial risk of physical injury to | 18 |
| such minor by
other than accidental means which would be | 19 |
| likely to cause death,
disfigurement, impairment of | 20 |
| emotional health, or loss or impairment of any
bodily | 21 |
| function;
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| (iii) commits or allows to be committed any sex offense | 23 |
| against such
minor, as such sex offenses are defined in the | 24 |
| Criminal Code of 1961, as
amended, and extending those | 25 |
| definitions of sex offenses to include minors
under 18 | 26 |
| years of age;
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| (iv) commits or allows to be committed an act or acts | 2 |
| of torture upon
such minor; or
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| (v) inflicts excessive corporal punishment.
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| A minor shall not be considered abused for the sole reason | 5 |
| that the minor
has been relinquished in accordance with the | 6 |
| Abandoned Newborn Infant
Protection Act.
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| (3) This Section does not apply to a minor who would be | 8 |
| included
herein solely for the purpose of qualifying for | 9 |
| financial assistance for
himself, his parents, guardian or | 10 |
| custodian.
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| (Source: P.A. 95-443, eff. 1-1-08.)
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| (705 ILCS 405/2-4) (from Ch. 37, par. 802-4)
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| Sec. 2-4. Dependent minor.
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| (1) Those who are dependent include any minor under 18 | 15 |
| years of age:
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| (a) who is without a parent, guardian or legal | 17 |
| custodian;
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| (b) who is without proper care because of the physical | 19 |
| or mental
disability of his parent, guardian or custodian;
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| (c) who is without proper medical or other remedial | 21 |
| care recognized under
State law or other care necessary for | 22 |
| his or her well being through no fault,
neglect or lack of | 23 |
| concern by his parents, guardian or custodian, provided
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| that no order may be made terminating parental rights, nor | 25 |
| may a minor be
removed from the custody of his or her |
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| parents for longer than 6 months,
pursuant to an | 2 |
| adjudication as a dependent minor under this subdivision | 3 |
| (c),
unless it is found to be in his or her best interest | 4 |
| by the court or the case
automatically closes as provided | 5 |
| under Section 2-31 of this Act; or
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| (d) who has a parent, guardian or legal custodian who | 7 |
| with good cause
wishes to be relieved of all residual | 8 |
| parental rights and
responsibilities, guardianship or | 9 |
| custody, and who desires the
appointment of a guardian of | 10 |
| the person with power to consent to the
adoption of the | 11 |
| minor under Section 2-29.
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| (2) This Section does not apply to a minor who would be | 13 |
| included
herein solely for the purpose of qualifying for | 14 |
| financial assistance for
himself, his parent or parents, | 15 |
| guardian or custodian or to a minor solely because his
or her | 16 |
| parent or parents or guardian has left the minor for any period | 17 |
| of time in the care
of an adult relative , who the parent or | 18 |
| parents or guardian know is both a mentally capable adult | 19 |
| relative and physically capable adult relative, as defined by | 20 |
| this Act .
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| (Source: P.A. 91-357, eff. 7-29-99 .)
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| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.
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