Illinois Compiled Statutes
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325 ILCS 5/5
(325 ILCS 5/5)
(from Ch. 23, par. 2055)
An officer of a local law enforcement agency, designated
employee of the Department, or a physician treating a child may take or
retain temporary protective custody of the child without the consent of
the person responsible for the child's welfare, if (1) he has reason to
believe that the
child cannot be cared for at home or in the
custody of the
person responsible for the child's welfare without endangering the child's
health or safety; and (2) there is not time to apply
for a court order under the Juvenile Court Act of 1987 for temporary
custody of the child. The person taking or retaining a child in temporary
protective custody shall immediately make every reasonable effort to
notify the person responsible for the child's welfare and shall
immediately notify the Department. The Department shall provide to the
temporary caretaker of a child any information in the Department's
possession concerning the positive results of a test performed on the child
to determine the presence of the antibody or antigen to Human
Immunodeficiency Virus (HIV), or of HIV infection, as well as any
communicable diseases or communicable infections that the child has. The
temporary caretaker of a child shall not disclose to another person any
information received by the temporary caretaker from the Department
concerning the results of a test performed on the child to determine the
presence of the antibody or antigen to HIV, or of HIV infection, except
pursuant to Section 9 of the AIDS Confidentiality Act, as now or hereafter
amended. The Department shall promptly
initiate proceedings under the Juvenile Court Act of 1987 for the
continued temporary custody of the child.
Where the physician keeping a child in his custody does so in his
capacity as a member of the staff of a hospital or similar institution,
he shall notify the person in charge of the institution or his
designated agent, who shall then become responsible for the further care
of such child in the hospital or similar institution under the direction
of the Department.
Said care includes, but is not limited to the granting of permission
to perform emergency medical treatment to a minor where the treatment itself
does not involve a substantial risk of harm to the minor and the failure
to render such treatment will likely result in death or permanent harm to
the minor, and there is not time to apply for a court order under the Juvenile
Court Act of 1987.
Any person authorized and acting in good faith in the removal of a
child under this Section shall have immunity from any liability, civil
or criminal that might otherwise be incurred or imposed as a result of
such removal. Any physician authorized and acting in good faith and in
accordance with acceptable medical practice in the treatment of a child
under this Section shall have immunity from any liability, civil or criminal,
that might otherwise be incurred or imposed as a result of granting permission
for emergency treatment.
With respect to any child taken into temporary protective custody
pursuant to this Section, the Department of Children and Family Services
Guardianship Administrator or his designee shall be deemed the child's
representative for purposes of consenting to an HIV test if deemed
necessary and appropriate by the Department's Guardianship Administrator or
obtaining and disclosing information concerning such test
pursuant to the AIDS Confidentiality Act if deemed necessary and
appropriate by the Department's Guardianship Administrator or designee and
for purposes of
consenting to the release
of information pursuant to the Illinois Sexually Transmissible Disease
Control Act if deemed necessary and appropriate by the Department's
Guardianship Administrator or designee.
Any person who administers an HIV test upon the consent of the Department
of Children and Family Services Guardianship Administrator or his designee,
or who discloses the results of such tests to the Department's Guardianship
Administrator or his designee, shall have immunity from any liability,
civil, criminal or otherwise, that might result by reason of such actions.
For the purpose of any proceedings, civil or criminal, the good faith of
any persons required to administer or disclose the results of tests, or
permitted to take such actions, shall be presumed.
(Source: P.A. 90-28, eff. 1-1-98.)