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| [ House Amendment 001 ] |
90_HB0711
705 ILCS 405/2-3 from Ch. 37, par. 802-3
Amends the Juvenile Court Act of 1987. Provides that a
neglected minor includes a minor who has not been receiving
any financial support from his or her parents or other person
responsible for the minor's well-being for the continuous
period of 21 or more days.
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1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Section 2-3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Section 2-3 as follows:
7 (705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
8 Sec. 2-3. Neglected or abused minor.
9 (1) Those who are neglected include:
10 (a) any minor under 18 years of age who is not
11 receiving the proper or necessary support, education as
12 required by law, or medical or other remedial care
13 recognized under State law as necessary for a minor's
14 well-being, or other care necessary for his or her
15 well-being, including adequate food, clothing and
16 shelter, or who is abandoned by his or her parents or
17 other person responsible for the minor's welfare, except
18 that a minor shall not be considered neglected for the
19 sole reason that the minor's parent or other person
20 responsible for the minor's welfare has left the minor in
21 the care of an adult relative for any period of time; or
22 (a-5) any minor under 18 years of age who has not
23 been receiving any financial support from his or her
24 parents or other person responsible for the minor's
25 well-being, for the continuous period of 21 or more days;
26 or
27 (b) any minor under 18 years of age whose
28 environment is injurious to his or her welfare; or
29 (c) any newborn infant whose blood or urine
30 contains any amount of a controlled substance as defined
31 in subsection (f) of Section 102 of the Illinois
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1 Controlled Substances Act, as now or hereafter amended,
2 or a metabolite of a controlled substance, with the
3 exception of controlled substances or metabolites of such
4 substances, the presence of which in the newborn infant
5 is the result of medical treatment administered to the
6 mother or the newborn infant; or
7 (d) any minor under the age of 14 years whose
8 parent or other person responsible for the minor's
9 welfare leaves the minor without supervision for an
10 unreasonable period of time without regard for the mental
11 or physical health, safety, or welfare of that minor.
12 Whether the minor was left without regard for the mental
13 or physical health, safety, or welfare of that minor or the
14 period of time was unreasonable shall be determined by
15 considering the following factors, including but not limited
16 to:
17 (1) the age of the minor;
18 (2) the number of minors left at the location;
19 (3) special needs of the minor, including whether
20 the minor is physically or mentally handicapped, or
21 otherwise in need of ongoing prescribed medical treatment
22 such as periodic doses of insulin or other medications;
23 (4) the duration of time in which the minor was
24 left without supervision;
25 (5) the condition and location of the place where
26 the minor was left without supervision;
27 (6) the time of day or night when the minor was
28 left without supervision;
29 (7) the weather conditions, including whether the
30 minor was left in a location with adequate protection
31 from the natural elements such as adequate heat or light;
32 (8) the location of the parent or guardian at the
33 time the minor was left without supervision, the physical
34 distance the minor was from the parent or guardian at the
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1 time the minor was without supervision;
2 (9) whether the minor's movement was restricted, or
3 the minor was otherwise locked within a room or other
4 structure;
5 (10) whether the minor was given a phone number of
6 a person or location to call in the event of an emergency
7 and whether the minor was capable of making an emergency
8 call;
9 (11) whether there was food and other provision
10 left for the minor;
11 (12) whether any of the conduct is attributable to
12 economic hardship or illness and the parent, guardian or
13 other person having physical custody or control of the
14 child made a good faith effort to provide for the health
15 and safety of the minor;
16 (13) the age and physical and mental capabilities
17 of the person or persons who provided supervision for the
18 minor;
19 (14) whether the minor was left under the
20 supervision of another person;
21 (15) any other factor that would endanger the
22 health and safety of that particular minor.
23 (2) Those who are abused include any minor under 18
24 years of age whose parent or immediate family member, or any
25 person responsible for the minor's welfare, or any person who
26 is in the same family or household as the minor, or any
27 individual residing in the same home as the minor, or a
28 paramour of the minor's parent:
29 (i) inflicts, causes to be inflicted, or
30 allows to be inflicted upon such minor physical
31 injury, by other than accidental means, which causes
32 death, disfigurement, impairment of physical or
33 emotional health, or loss or impairment of any
34 bodily function;
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1 (ii) creates a substantial risk of physical
2 injury to such minor by other than accidental means
3 which would be likely to cause death, disfigurement,
4 impairment of emotional health, or loss or
5 impairment of any bodily function;
6 (iii) commits or allows to be committed any
7 sex offense against such minor, as such sex offenses
8 are defined in the Criminal Code of 1961, as
9 amended, and extending those definitions of sex
10 offenses to include minors under 18 years of age;
11 (iv) commits or allows to be committed an act
12 or acts of torture upon such minor; or
13 (v) inflicts excessive corporal punishment.
14 (3) This Section does not apply to a minor who would be
15 included herein solely for the purpose of qualifying for
16 financial assistance for himself, his parents, guardian or
17 custodian.
18 (Source: P.A. 88-85; 88-479; 88-670, eff. 12-2-94; 89-21,
19 eff. 7-1-95.)