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90_SB0735 325 ILCS 5/3 from Ch. 23, par. 2053 325 ILCS 5/8.2 from Ch. 23, par. 2058.2 Amends the Abused and Neglected Child Reporting Act. Defines "community support systems" as the support that may be organized through extended family members, friends, neighbors, religious organizations, community programs, cultural and ethnic organizations, or other support groups or organizations. Provides that the service plan developed by the Department of Children and Family Services for a family whose child is found to be abused or neglected may include development and maintenance of community support systems. Effective immediately. LRB9002078SMdv LRB9002078SMdv 1 AN ACT to amend the Abused and Neglected Child Reporting 2 Act by changing Sections 3 and 8.2. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Abused and Neglected Child Reporting Act 6 is amended by changing Sections 3 and 8.2 as follows: 7 (325 ILCS 5/3) (from Ch. 23, par. 2053) 8 Sec. 3. As used in this Act unless the context otherwise 9 requires: 10 "Child" means any person under the age of 18 years, 11 unless legally emancipated by reason of marriage or entry 12 into a branch of the United States armed services. 13 "Department" means Department of Children and Family 14 Services. 15 "Local law enforcement agency" means the police of a 16 city, town, village or other incorporated area or the sheriff 17 of an unincorporated area or any sworn officer of the 18 Illinois Department of State Police. 19 "Abused child" means a child whose parent or immediate 20 family member, or any person responsible for the child's 21 welfare, or any individual residing in the same home as the 22 child, or a paramour of the child's parent: 23 a. inflicts, causes to be inflicted, or allows to 24 be inflicted upon such child physical injury, by other 25 than accidental means, which causes death, disfigurement, 26 impairment of physical or emotional health, or loss or 27 impairment of any bodily function; 28 b. creates a substantial risk of physical injury to 29 such child by other than accidental means which would be 30 likely to cause death, disfigurement, impairment of 31 physical or emotional health, or loss or impairment of -2- LRB9002078SMdv 1 any bodily function; 2 c. commits or allows to be committed any sex 3 offense against such child, as such sex offenses are 4 defined in the Criminal Code of 1961, as amended, and 5 extending those definitions of sex offenses to include 6 children under 18 years of age; 7 d. commits or allows to be committed an act or acts 8 of torture upon such child; or 9 e. inflicts excessive corporal punishment. 10 "Neglected child" means any child who is not receiving 11 the proper or necessary nourishment or medically indicated 12 treatment including food or care not provided solely on the 13 basis of the present or anticipated mental or physical 14 impairment as determined by a physician acting alone or in 15 consultation with other physicians or otherwise is not 16 receiving the proper or necessary support or medical or other 17 remedial care recognized under State law as necessary for a 18 child's well-being, or other care necessary for his or her 19 well-being, including adequate food, clothing and shelter; or 20 who is abandoned by his or her parents or other person 21 responsible for the child's welfare without a proper plan of 22 care; or who is a newborn infant whose blood or urine 23 contains any amount of a controlled substance as defined in 24 subsection (f) of Section 102 of the Illinois Controlled 25 Substances Act or a metabolite thereof, with the exception of 26 a controlled substance or metabolite thereof whose presence 27 in the newborn infant is the result of medical treatment 28 administered to the mother or the newborn infant. A child 29 shall not be considered neglected for the sole reason that 30 the child's parent or other person responsible for his or her 31 welfare has left the child in the care of an adult relative 32 for any period of time. A child shall not be considered 33 neglected or abused for the sole reason that such child's 34 parent or other person responsible for his or her welfare -3- LRB9002078SMdv 1 depends upon spiritual means through prayer alone for the 2 treatment or cure of disease or remedial care as provided 3 under Section 4 of this Act. A child shall not be considered 4 neglected or abused solely because the child is not attending 5 school in accordance with the requirements of Article 26 of 6 The School Code, as amended. 7 "Child Protective Service Unit" means certain specialized 8 State employees of the Department assigned by the Director to 9 perform the duties and responsibilities as provided under 10 Section 7.2 of this Act. 11 "Person responsible for the child's welfare" means the 12 child's parent; guardian; foster parent; relative caregiver; 13 any person responsible for the child's welfare in a public or 14 private residential agency or institution; any person 15 responsible for the child's welfare within a public or 16 private profit or not for profit child care facility; or any 17 other person responsible for the child's welfare at the time 18 of the alleged abuse or neglect, or any person who came to 19 know the child through an official capacity or position of 20 trust, including but not limited to health care 21 professionals, educational personnel, recreational 22 supervisors, and volunteers or support personnel in any 23 setting where children may be subject to abuse or neglect. 24 "Temporary protective custody" means custody within a 25 hospital or other medical facility or a place previously 26 designated for such custody by the Department, subject to 27 review by the Court, including a licensed foster home, group 28 home, or other institution; but such place shall not be a 29 jail or other place for the detention of criminal or juvenile 30 offenders. 31 "An unfounded report" means any report made under this 32 Act for which it is determined after an investigation that no 33 credible evidence of abuse or neglect exists. 34 "An indicated report" means a report made under this Act -4- LRB9002078SMdv 1 if an investigation determines that credible evidence of the 2 alleged abuse or neglect exists. 3 "An undetermined report" means any report made under this 4 Act in which it was not possible to initiate or complete an 5 investigation on the basis of information provided to the 6 Department. 7 "Subject of report" means any child reported to the 8 central register of child abuse and neglect established under 9 Section 7.7 of this Act and his or her parent, guardian or 10 other person responsible who is also named in the report. 11 "Perpetrator" means a person who, as a result of 12 investigation, has been determined by the Department to have 13 caused child abuse or neglect. 14 "Community support systems" means the support that may be 15 organized through extended family members, friends, 16 neighbors, religious organizations, community programs, 17 cultural and ethnic organizations, or other support groups or 18 organizations. 19 (Source: P.A. 88-85; 89-21, eff. 7-1-95.) 20 (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2) 21 (Text of Section before amendment by P.A. 89-507) 22 Sec. 8.2. If the Child Protective Service Unit 23 determines, following an investigation made pursuant to 24 Section 7.4 of this Act, that there is credible evidence that 25 the child is abused or neglected, the Department shall assess 26 the family's need for services, and, as necessary, develop, 27 with the family, an appropriate service plan for the family's 28 voluntary acceptance or refusal. In any case where there is 29 evidence that the perpetrator of the abuse or neglect is an 30 addict or alcoholic as defined in the Alcoholism and Other 31 Drug Abuse and Dependency Act, the Department, when making 32 referrals for drug or alcohol abuse services, shall make such 33 referrals to facilities licensed by the Department of -5- LRB9002078SMdv 1 Alcoholism and Substance Abuse or the Department of Public 2 Health. The Department shall comply with Section 8.1 by 3 explaining its lack of legal authority to compel the 4 acceptance of services and may explain its noncommitant 5 authority to petition the Circuit court under the Juvenile 6 Court Act of 1987 or refer the case to the local law 7 enforcement authority or State's attorney for criminal 8 prosecution. 9 For purposes of this Act, the term "family preservation 10 services" refers to all services to prevent the placement of 11 children in substitute care, to reunite them with their 12 families if so placed and if reunification is an appropriate 13 goal, or to maintain an adoptive placement. The term 14 "homemaker" includes emergency caretakers, homemakers, 15 caretakers, housekeepers and chore services. The term 16 "counseling" includes individual therapy, infant stimulation 17 therapy, family therapy, group therapy, self-help groups, 18 drug and alcohol abuse counseling, vocational counseling and 19 post-adoptive services. The term "day care" includes 20 protective day care and day care to meet educational, 21 prevocational or vocational needs. The term "emergency 22 assistance and advocacy" includes coordinated services to 23 secure emergency cash, food, housing and medical assistance 24 or advocacy for other subsistence and family protective 25 needs. 26 Before July 1, 2000, appropriate family preservation 27 services shall, subject to appropriation, be included in the 28 service plan if the Department has determined that those 29 services are in the child's best interests and when the child 30 will not be in imminent risk of harm. Beginning July 1, 31 2000, appropriate family preservation services shall be 32 uniformly available throughout the State. The Department 33 shall promptly notify children and families of the 34 Department's responsibility to offer and provide family -6- LRB9002078SMdv 1 preservation services as identified in the service plan. 2 Such plans may include but are not limited to: case 3 management services; homemakers; counseling; parent 4 education; day care; emergency assistance and advocacy 5 assessments; respite care; in-home health care; development 6 and maintenance of community support systems; transportation 7 to obtain any of the above services; and medical assistance. 8 Nothing in this paragraph shall be construed to create a 9 private right of action or claim on the part of any 10 individual or child welfare agency. 11 The Department shall provide a preliminary report to the 12 General Assembly no later than January 1, 1991, in regard to 13 the provision of services authorized pursuant to this 14 Section. The report shall include: 15 (a) the number of families and children served, by 16 type of services; 17 (b) the outcome from the provision of such 18 services, including the number of families which remained 19 intact at least 6 months following the termination of 20 services; 21 (c) the number of families which have been subjects 22 of founded reports of abuse following the termination of 23 services; 24 (d) an analysis of general family circumstances in 25 which family preservation services have been determined 26 to be an effective intervention; 27 (e) information regarding the number of families in 28 need of services but unserved due to budget or program 29 criteria guidelines; 30 (f) an estimate of the time necessary for and the 31 annual cost of statewide implementation of such services; 32 (g) an estimate of the length of time before 33 expansion of these services will be made to include 34 families with children over the age of 6; and -7- LRB9002078SMdv 1 (h) recommendations regarding any proposed 2 legislative changes to this program. 3 Each Department field office shall maintain on a local 4 basis directories of services available to children and 5 families in the local area where the Department office is 6 located. 7 The Department shall refer children and families served 8 pursuant to this Section to private agencies and governmental 9 agencies, where available. 10 Where there are 2 equal proposals from both a 11 not-for-profit and a for-profit agency to provide services, 12 the Department shall give preference to the proposal from the 13 not-for-profit agency. 14 No service plan shall compel any child or parent to 15 engage in any activity or refrain from any activity which is 16 not reasonably related to remedying a condition or conditions 17 that gave rise or which could give rise to any finding of 18 child abuse or neglect. 19 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-6-95.) 20 (Text of Section after amendment by P.A. 89-507) 21 Sec. 8.2. If the Child Protective Service Unit 22 determines, following an investigation made pursuant to 23 Section 7.4 of this Act, that there is credible evidence that 24 the child is abused or neglected, the Department shall assess 25 the family's need for services, and, as necessary, develop, 26 with the family, an appropriate service plan for the family's 27 voluntary acceptance or refusal. In any case where there is 28 evidence that the perpetrator of the abuse or neglect is an 29 addict or alcoholic as defined in the Alcoholism and Other 30 Drug Abuse and Dependency Act, the Department, when making 31 referrals for drug or alcohol abuse services, shall make such 32 referrals to facilities licensed by the Department of Human 33 Services or the Department of Public Health. The Department 34 shall comply with Section 8.1 by explaining its lack of legal -8- LRB9002078SMdv 1 authority to compel the acceptance of services and may 2 explain its noncommitant authority to petition the Circuit 3 court under the Juvenile Court Act of 1987 or refer the case 4 to the local law enforcement authority or State's attorney 5 for criminal prosecution. 6 For purposes of this Act, the term "family preservation 7 services" refers to all services to prevent the placement of 8 children in substitute care, to reunite them with their 9 families if so placed and if reunification is an appropriate 10 goal, or to maintain an adoptive placement. The term 11 "homemaker" includes emergency caretakers, homemakers, 12 caretakers, housekeepers and chore services. The term 13 "counseling" includes individual therapy, infant stimulation 14 therapy, family therapy, group therapy, self-help groups, 15 drug and alcohol abuse counseling, vocational counseling and 16 post-adoptive services. The term "day care" includes 17 protective day care and day care to meet educational, 18 prevocational or vocational needs. The term "emergency 19 assistance and advocacy" includes coordinated services to 20 secure emergency cash, food, housing and medical assistance 21 or advocacy for other subsistence and family protective 22 needs. 23 Before July 1, 2000, appropriate family preservation 24 services shall, subject to appropriation, be included in the 25 service plan if the Department has determined that those 26 services are in the child's best interests and when the child 27 will not be in imminent risk of harm. Beginning July 1, 28 2000, appropriate family preservation services shall be 29 uniformly available throughout the State. The Department 30 shall promptly notify children and families of the 31 Department's responsibility to offer and provide family 32 preservation services as identified in the service plan. 33 Such plans may include but are not limited to: case 34 management services; homemakers; counseling; parent -9- LRB9002078SMdv 1 education; day care; emergency assistance and advocacy 2 assessments; respite care; in-home health care; development 3 and maintenance of community support systems; transportation 4 to obtain any of the above services; and medical assistance. 5 Nothing in this paragraph shall be construed to create a 6 private right of action or claim on the part of any 7 individual or child welfare agency. 8 The Department shall provide a preliminary report to the 9 General Assembly no later than January 1, 1991, in regard to 10 the provision of services authorized pursuant to this 11 Section. The report shall include: 12 (a) the number of families and children served, by 13 type of services; 14 (b) the outcome from the provision of such 15 services, including the number of families which remained 16 intact at least 6 months following the termination of 17 services; 18 (c) the number of families which have been subjects 19 of founded reports of abuse following the termination of 20 services; 21 (d) an analysis of general family circumstances in 22 which family preservation services have been determined 23 to be an effective intervention; 24 (e) information regarding the number of families in 25 need of services but unserved due to budget or program 26 criteria guidelines; 27 (f) an estimate of the time necessary for and the 28 annual cost of statewide implementation of such services; 29 (g) an estimate of the length of time before 30 expansion of these services will be made to include 31 families with children over the age of 6; and 32 (h) recommendations regarding any proposed 33 legislative changes to this program. 34 Each Department field office shall maintain on a local -10- LRB9002078SMdv 1 basis directories of services available to children and 2 families in the local area where the Department office is 3 located. 4 The Department shall refer children and families served 5 pursuant to this Section to private agencies and governmental 6 agencies, where available. 7 Where there are 2 equal proposals from both a 8 not-for-profit and a for-profit agency to provide services, 9 the Department shall give preference to the proposal from the 10 not-for-profit agency. 11 No service plan shall compel any child or parent to 12 engage in any activity or refrain from any activity which is 13 not reasonably related to remedying a condition or conditions 14 that gave rise or which could give rise to any finding of 15 child abuse or neglect. 16 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-6-95; 17 89-507, eff. 7-1-97.) 18 Section 95. No acceleration or delay. Where this Act 19 makes changes in a statute that is represented in this Act by 20 text that is not yet or no longer in effect (for example, a 21 Section represented by multiple versions), the use of that 22 text does not accelerate or delay the taking effect of (i) 23 the changes made by this Act or (ii) provisions derived from 24 any other Public Act. 25 Section 99. Effective date. This Act takes effect upon 26 becoming law.