State of Illinois
90th General Assembly
Legislation

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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.

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