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| [ Senate Amendment 002 ] |
90_SB1384sam001
LRB9008905SMdvam03
1 AMENDMENT TO SENATE BILL 1384
2 AMENDMENT NO. . Amend Senate Bill 1384 by replacing
3 the title with the following:
4 "AN ACT to amend the Abused and Neglected Child Reporting
5 Act by changing Section 3."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Abused and Neglected Child Reporting Act
9 is amended by changing Section 3 as follows:
10 (325 ILCS 5/3) (from Ch. 23, par. 2053)
11 Sec. 3. As used in this Act unless the context otherwise
12 requires:
13 "Child" means any person under the age of 18 years,
14 unless legally emancipated by reason of marriage or entry
15 into a branch of the United States armed services.
16 "Department" means Department of Children and Family
17 Services.
18 "Local law enforcement agency" means the police of a
19 city, town, village or other incorporated area or the sheriff
20 of an unincorporated area or any sworn officer of the
21 Illinois Department of State Police.
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1 "Abused child" means a child whose parent or immediate
2 family member, or any person responsible for the child's
3 welfare, or any individual residing in the same home as the
4 child, or a paramour of the child's parent:
5 a. inflicts, causes to be inflicted, or allows to
6 be inflicted upon such child physical injury, by other
7 than accidental means, which causes death, disfigurement,
8 impairment of physical or emotional health, or loss or
9 impairment of any bodily function;
10 b. creates a substantial risk of physical injury to
11 such child by other than accidental means which would be
12 likely to cause death, disfigurement, impairment of
13 physical or emotional health, or loss or impairment of
14 any bodily function;
15 c. commits or allows to be committed any sex
16 offense against such child, as such sex offenses are
17 defined in the Criminal Code of 1961, as amended, and
18 extending those definitions of sex offenses to include
19 children under 18 years of age;
20 d. commits or allows to be committed an act or acts
21 of torture upon such child; or
22 e. inflicts excessive corporal punishment; or.
23 f. commits or allows to be committed the offense of
24 female genital mutilation, as defined in Section 12-34 of
25 the Criminal Code of 1961, against the child.
26 "Neglected child" means any child who is not receiving
27 the proper or necessary nourishment or medically indicated
28 treatment including food or care not provided solely on the
29 basis of the present or anticipated mental or physical
30 impairment as determined by a physician acting alone or in
31 consultation with other physicians or otherwise is not
32 receiving the proper or necessary support or medical or other
33 remedial care recognized under State law as necessary for a
34 child's well-being, or other care necessary for his or her
-3- LRB9008905SMdvam03
1 well-being, including adequate food, clothing and shelter; or
2 who is abandoned by his or her parents or other person
3 responsible for the child's welfare without a proper plan of
4 care; or who is a newborn infant whose blood, urine, or
5 meconium contains any amount of a controlled substance as
6 defined in subsection (f) of Section 102 of the Illinois
7 Controlled Substances Act or a metabolite thereof, with the
8 exception of a controlled substance or metabolite thereof
9 whose presence in the newborn infant is the result of medical
10 treatment administered to the mother or the newborn infant. A
11 child shall not be considered neglected for the sole reason
12 that the child's parent or other person responsible for his
13 or her welfare has left the child in the care of an adult
14 relative for any period of time. A child shall not be
15 considered neglected or abused for the sole reason that such
16 child's parent or other person responsible for his or her
17 welfare depends upon spiritual means through prayer alone for
18 the treatment or cure of disease or remedial care as provided
19 under Section 4 of this Act. A child shall not be considered
20 neglected or abused solely because the child is not attending
21 school in accordance with the requirements of Article 26 of
22 The School Code, as amended.
23 "Child Protective Service Unit" means certain specialized
24 State employees of the Department assigned by the Director to
25 perform the duties and responsibilities as provided under
26 Section 7.2 of this Act.
27 "Person responsible for the child's welfare" means the
28 child's parent; guardian; foster parent; relative caregiver;
29 any person responsible for the child's welfare in a public or
30 private residential agency or institution; any person
31 responsible for the child's welfare within a public or
32 private profit or not for profit child care facility; or any
33 other person responsible for the child's welfare at the time
34 of the alleged abuse or neglect, or any person who came to
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1 know the child through an official capacity or position of
2 trust, including but not limited to health care
3 professionals, educational personnel, recreational
4 supervisors, and volunteers or support personnel in any
5 setting where children may be subject to abuse or neglect.
6 "Temporary protective custody" means custody within a
7 hospital or other medical facility or a place previously
8 designated for such custody by the Department, subject to
9 review by the Court, including a licensed foster home, group
10 home, or other institution; but such place shall not be a
11 jail or other place for the detention of criminal or juvenile
12 offenders.
13 "An unfounded report" means any report made under this
14 Act for which it is determined after an investigation that no
15 credible evidence of abuse or neglect exists.
16 "An indicated report" means a report made under this Act
17 if an investigation determines that credible evidence of the
18 alleged abuse or neglect exists.
19 "An undetermined report" means any report made under this
20 Act in which it was not possible to initiate or complete an
21 investigation on the basis of information provided to the
22 Department.
23 "Subject of report" means any child reported to the
24 central register of child abuse and neglect established under
25 Section 7.7 of this Act and his or her parent, guardian or
26 other person responsible who is also named in the report.
27 "Perpetrator" means a person who, as a result of
28 investigation, has been determined by the Department to have
29 caused child abuse or neglect.
30 (Source: P.A. 89-21, eff. 7-1-95; 90-239, eff. 7-28-97.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.".