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90_HB1426eng
20 ILCS 515/10
20 ILCS 515/20
325 ILCS 5/3 from Ch. 23, par. 2053
325 ILCS 5/7.21
705 ILCS 405/2-3 from Ch. 37, par. 802-3
Amends the Child Death Review Team Act. Provides that
"child" means any person under 18 years of age and not
emancipated by marriage or entry into the United States armed
services and that a Child Death Review Team shall review a
child's death not later than 90 days following the completion
of the DCFS investigation, the law enforcement investigation,
the inquest, or the medical examiner's report, whichever is
later, rather than 90 days following the child's death.
Amends the Abused and Neglected Child Reporting Act.
Provides that multidisciplinary review committees
established to review "unfounded" reports where a mandated
reporter has concerns about the investigation shall draw upon
the expertise of the Child Death Review Teams as necessary
and practicable, rather than serve under the auspices of
those teams. Amends the Abused and Neglected Child Reporting
Act and the Juvenile Court Act of 1987 to include in the
definition of neglected child those newborn infants whose
meconium contains any amount of a controlled substance as
defined in the Illinois Controlled Substances Act. Makes
other changes. Effective immediately.
LRB9002518SMpk
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1 AN ACT regarding abused and neglected children.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Child Death Review Team Act is amended by
5 changing Sections 10 and 20 as follows:
6 (20 ILCS 515/10)
7 Sec. 10. Definitions. As used in this Act, unless the
8 context requires otherwise:
9 "Child" means any person under the age of 18 years unless
10 legally emancipated by reason of marriage or entry into a
11 branch of the United States armed services.
12 "Department" means the Department of Children and Family
13 Services.
14 "Director" means the Director of Children and Family
15 Services.
16 (Source: P.A. 88-614, eff. 9-7-94.)
17 (20 ILCS 515/20)
18 Sec. 20. Reviews of child deaths.
19 (a) Every child death shall be reviewed by the team in
20 the subregion which has primary case management
21 responsibility. The deceased child must be one of the
22 following A child death review team shall review every death
23 of a child that occurs in the subregion served by that team
24 in which the deceased child was any of the following:
25 (1) A ward of the Department.
26 (2) The subject of an open service case maintained
27 by the Department.
28 (3) The subject of a pending child abuse or neglect
29 investigation.
30 (4) A child who was the subject of an abuse or
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1 neglect investigation at any time during the 12 months
2 preceding the child's death.
3 A child death review team may, at its discretion, review
4 other sudden, unexpected, or unexplained child deaths.
5 (b) A child death review team's purpose in conducting
6 reviews of child deaths is to do the following:
7 (1) Assist in determining the cause and manner of
8 the child's death, when requested.
9 (2) Evaluate means by which the death might have
10 been prevented.
11 (3) Report its findings to appropriate agencies and
12 make recommendations that may help to reduce the number
13 of child deaths caused by abuse or neglect.
14 (4) Promote continuing education for professionals
15 involved in investigating, treating, and preventing child
16 abuse and neglect as a means of preventing child deaths
17 due to abuse or neglect.
18 (5) Make specific recommendations to the Director
19 and the Inspector General of the Department concerning
20 the prevention of child deaths due to abuse or neglect
21 and the establishment of protocols for investigating
22 child deaths.
23 (c) A child death review team shall review a child death
24 as soon as practical and not later than 90 days following the
25 completion by the Department of the investigation of the
26 death under the Abused and Neglected Child Reporting Act.
27 When there has been no investigation by the Department, the
28 child death review team shall review a child's death within
29 90 days after obtaining the information necessary to complete
30 the review from the coroner, pathologist, medical examiner,
31 or law enforcement agency, depending on the nature of the
32 case the child's death. A child death review team shall meet
33 at least once in each calendar quarter.
34 (d) The Director shall, within 90 days, review and reply
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1 to recommendations made by a team under item (5) of
2 subsection (b). The Director shall implement recommendations
3 as feasible and appropriate and shall respond in writing to
4 explain the implementation or nonimplementation of the
5 recommendations.
6 (Source: P.A. 88-614, eff. 9-7-94.)
7 Section 10. The Abused and Neglected Child Reporting Act
8 is amended by changing Sections 3 and 7.21 as follows:
9 (325 ILCS 5/3) (from Ch. 23, par. 2053)
10 Sec. 3. As used in this Act unless the context otherwise
11 requires:
12 "Child" means any person under the age of 18 years,
13 unless legally emancipated by reason of marriage or entry
14 into a branch of the United States armed services.
15 "Department" means Department of Children and Family
16 Services.
17 "Local law enforcement agency" means the police of a
18 city, town, village or other incorporated area or the sheriff
19 of an unincorporated area or any sworn officer of the
20 Illinois Department of State Police.
21 "Abused child" means a child whose parent or immediate
22 family member, or any person responsible for the child's
23 welfare, or any individual residing in the same home as the
24 child, or a paramour of the child's parent:
25 a. inflicts, causes to be inflicted, or allows to
26 be inflicted upon such child physical injury, by other
27 than accidental means, which causes death, disfigurement,
28 impairment of physical or emotional health, or loss or
29 impairment of any bodily function;
30 b. creates a substantial risk of physical injury to
31 such child by other than accidental means which would be
32 likely to cause death, disfigurement, impairment of
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1 physical or emotional health, or loss or impairment of
2 any bodily function;
3 c. commits or allows to be committed any sex
4 offense against such child, as such sex offenses are
5 defined in the Criminal Code of 1961, as amended, and
6 extending those definitions of sex offenses to include
7 children under 18 years of age;
8 d. commits or allows to be committed an act or acts
9 of torture upon such child; or
10 e. inflicts excessive corporal punishment.
11 "Neglected child" means any child who is not receiving
12 the proper or necessary nourishment or medically indicated
13 treatment including food or care not provided solely on the
14 basis of the present or anticipated mental or physical
15 impairment as determined by a physician acting alone or in
16 consultation with other physicians or otherwise is not
17 receiving the proper or necessary support or medical or other
18 remedial care recognized under State law as necessary for a
19 child's well-being, or other care necessary for his or her
20 well-being, including adequate food, clothing and shelter; or
21 who is abandoned by his or her parents or other person
22 responsible for the child's welfare without a proper plan of
23 care; or who is a newborn infant whose blood, or urine, or
24 meconium contains any amount of a controlled substance as
25 defined in subsection (f) of Section 102 of the Illinois
26 Controlled Substances Act or a metabolite thereof, with the
27 exception of a controlled substance or metabolite thereof
28 whose presence in the newborn infant is the result of medical
29 treatment administered to the mother or the newborn infant. A
30 child shall not be considered neglected for the sole reason
31 that the child's parent or other person responsible for his
32 or her welfare has left the child in the care of an adult
33 relative for any period of time. A child shall not be
34 considered neglected or abused for the sole reason that such
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1 child's parent or other person responsible for his or her
2 welfare depends upon spiritual means through prayer alone for
3 the treatment or cure of disease or remedial care as provided
4 under Section 4 of this Act. A child shall not be considered
5 neglected or abused solely because the child is not attending
6 school in accordance with the requirements of Article 26 of
7 The School Code, as amended.
8 "Child Protective Service Unit" means certain specialized
9 State employees of the Department assigned by the Director to
10 perform the duties and responsibilities as provided under
11 Section 7.2 of this Act.
12 "Person responsible for the child's welfare" means the
13 child's parent; guardian; foster parent; relative caregiver;
14 any person responsible for the child's welfare in a public or
15 private residential agency or institution; any person
16 responsible for the child's welfare within a public or
17 private profit or not for profit child care facility; or any
18 other person responsible for the child's welfare at the time
19 of the alleged abuse or neglect, or any person who came to
20 know the child through an official capacity or position of
21 trust, including but not limited to health care
22 professionals, educational personnel, recreational
23 supervisors, and volunteers or support personnel in any
24 setting where children may be subject to abuse or neglect.
25 "Temporary protective custody" means custody within a
26 hospital or other medical facility or a place previously
27 designated for such custody by the Department, subject to
28 review by the Court, including a licensed foster home, group
29 home, or other institution; but such place shall not be a
30 jail or other place for the detention of criminal or juvenile
31 offenders.
32 "An unfounded report" means any report made under this
33 Act for which it is determined after an investigation that no
34 credible evidence of abuse or neglect exists.
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1 "An indicated report" means a report made under this Act
2 if an investigation determines that credible evidence of the
3 alleged abuse or neglect exists.
4 "An undetermined report" means any report made under this
5 Act in which it was not possible to initiate or complete an
6 investigation on the basis of information provided to the
7 Department.
8 "Subject of report" means any child reported to the
9 central register of child abuse and neglect established under
10 Section 7.7 of this Act and his or her parent, guardian or
11 other person responsible who is also named in the report.
12 "Perpetrator" means a person who, as a result of
13 investigation, has been determined by the Department to have
14 caused child abuse or neglect.
15 (Source: P.A. 88-85; 89-21, eff. 7-1-95.)
16 (325 ILCS 5/7.21)
17 Sec. 7.21. Multidisciplinary Review Committee.
18 (a) The Department may establish multidisciplinary
19 review committees in each region of the State to assure that
20 mandated reporters have the ability to have a review
21 conducted on any situation where a child abuse or neglect
22 report made by them was "unfounded", and they have concerns
23 about the adequacy of the investigation. These committees
24 shall draw upon the expertise of the Child Death Review Teams
25 as necessary and practicable. These committees will serve
26 under the auspices of the Child Death Review Teams. Each
27 committee will be composed of the following: a health care
28 professional, a Department employee, a law enforcement
29 official, a licensed social worker, and a representative of
30 the State's attorney's office. In appointing members of a
31 committee, primary consideration shall be given to a
32 prospective member's prior experience in dealing with cases
33 of suspected child abuse or neglect.
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1 (b) Whenever the Department determines that a reported
2 incident of child abuse or neglect from a mandated reporter
3 is "unfounded", the mandated reporter may request a review of
4 the investigation within 10 days of the notification of the
5 final finding. This review will be conducted by the
6 committee. The Department shall make available to the
7 committee all information in the Department's possession
8 concerning the case. The committee shall make
9 recommendations to the Department as to the adequacy of the
10 investigation and of the accuracy of the final finding
11 determination. These findings shall be forwarded to the
12 Regional Child Protection Manager.
13 (c) The Department shall provide complete records of
14 these investigations to the committee. Records provided to
15 the committee and recommendation reports generated by the
16 committee shall not be public record.
17 (d) The Department shall adopt rules to implement this
18 Section.
19 (Source: P.A. 89-269, eff. 1-1-96.)
20 Section 15. The Juvenile Court Act of 1987 is amended by
21 changing Section 2-3 as follows:
22 (705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
23 Sec. 2-3. Neglected or abused minor.
24 (1) Those who are neglected include:
25 (a) any minor under 18 years of age who is not
26 receiving the proper or necessary support, education as
27 required by law, or medical or other remedial care
28 recognized under State law as necessary for a minor's
29 well-being, or other care necessary for his or her
30 well-being, including adequate food, clothing and
31 shelter, or who is abandoned by his or her parents or
32 other person responsible for the minor's welfare, except
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1 that a minor shall not be considered neglected for the
2 sole reason that the minor's parent or other person
3 responsible for the minor's welfare has left the minor in
4 the care of an adult relative for any period of time; or
5 (b) any minor under 18 years of age whose
6 environment is injurious to his or her welfare; or
7 (c) any newborn infant whose blood, or urine, or
8 meconium contains any amount of a controlled substance as
9 defined in subsection (f) of Section 102 of the Illinois
10 Controlled Substances Act, as now or hereafter amended,
11 or a metabolite of a controlled substance, with the
12 exception of controlled substances or metabolites of such
13 substances, the presence of which in the newborn infant
14 is the result of medical treatment administered to the
15 mother or the newborn infant; or
16 (d) any minor under the age of 14 years whose
17 parent or other person responsible for the minor's
18 welfare leaves the minor without supervision for an
19 unreasonable period of time without regard for the mental
20 or physical health, safety, or welfare of that minor.
21 Whether the minor was left without regard for the mental
22 or physical health, safety, or welfare of that minor or the
23 period of time was unreasonable shall be determined by
24 considering the following factors, including but not limited
25 to:
26 (1) the age of the minor;
27 (2) the number of minors left at the location;
28 (3) special needs of the minor, including whether
29 the minor is physically or mentally handicapped, or
30 otherwise in need of ongoing prescribed medical treatment
31 such as periodic doses of insulin or other medications;
32 (4) the duration of time in which the minor was
33 left without supervision;
34 (5) the condition and location of the place where
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1 the minor was left without supervision;
2 (6) the time of day or night when the minor was
3 left without supervision;
4 (7) the weather conditions, including whether the
5 minor was left in a location with adequate protection
6 from the natural elements such as adequate heat or light;
7 (8) the location of the parent or guardian at the
8 time the minor was left without supervision, the physical
9 distance the minor was from the parent or guardian at the
10 time the minor was without supervision;
11 (9) whether the minor's movement was restricted, or
12 the minor was otherwise locked within a room or other
13 structure;
14 (10) whether the minor was given a phone number of
15 a person or location to call in the event of an emergency
16 and whether the minor was capable of making an emergency
17 call;
18 (11) whether there was food and other provision
19 left for the minor;
20 (12) whether any of the conduct is attributable to
21 economic hardship or illness and the parent, guardian or
22 other person having physical custody or control of the
23 child made a good faith effort to provide for the health
24 and safety of the minor;
25 (13) the age and physical and mental capabilities
26 of the person or persons who provided supervision for the
27 minor;
28 (14) whether the minor was left under the
29 supervision of another person;
30 (15) any other factor that would endanger the
31 health and safety of that particular minor.
32 (2) Those who are abused include any minor under 18
33 years of age whose parent or immediate family member, or any
34 person responsible for the minor's welfare, or any person who
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1 is in the same family or household as the minor, or any
2 individual residing in the same home as the minor, or a
3 paramour of the minor's parent:
4 (i) inflicts, causes to be inflicted, or
5 allows to be inflicted upon such minor physical
6 injury, by other than accidental means, which causes
7 death, disfigurement, impairment of physical or
8 emotional health, or loss or impairment of any
9 bodily function;
10 (ii) creates a substantial risk of physical
11 injury to such minor by other than accidental means
12 which would be likely to cause death, disfigurement,
13 impairment of emotional health, or loss or
14 impairment of any bodily function;
15 (iii) commits or allows to be committed any
16 sex offense against such minor, as such sex offenses
17 are defined in the Criminal Code of 1961, as
18 amended, and extending those definitions of sex
19 offenses to include minors under 18 years of age;
20 (iv) commits or allows to be committed an act
21 or acts of torture upon such minor; or
22 (v) inflicts excessive corporal punishment.
23 (3) This Section does not apply to a minor who would be
24 included herein solely for the purpose of qualifying for
25 financial assistance for himself, his parents, guardian or
26 custodian.
27 (Source: P.A. 88-85; 88-479; 88-670, eff. 12-2-94; 89-21,
28 eff. 7-1-95.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.