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90_SB1670
325 ILCS 5/3 from Ch. 23, par. 2053
Amends the Abused and Neglected Child Reporting Act.
Provides that an abused child includes a child against whom
the offense of female genital mutilation has been committed.
Effective immediately.
LRB9011252MWpc
LRB9011252MWpc
1 AN ACT to amend the Abused and Neglected Child Reporting
2 Act by changing Section 3.
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 Section 3 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
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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; or .
10 f. commits or allows to be committed the offense of
11 female genital mutilation, as defined in Section 12-34 of
12 the Criminal Code of 1961, against the child.
13 "Neglected child" means any child who is not receiving
14 the proper or necessary nourishment or medically indicated
15 treatment including food or care not provided solely on the
16 basis of the present or anticipated mental or physical
17 impairment as determined by a physician acting alone or in
18 consultation with other physicians or otherwise is not
19 receiving the proper or necessary support or medical or other
20 remedial care recognized under State law as necessary for a
21 child's well-being, or other care necessary for his or her
22 well-being, including adequate food, clothing and shelter; or
23 who is abandoned by his or her parents or other person
24 responsible for the child's welfare without a proper plan of
25 care; or who is a newborn infant whose blood, urine, or
26 meconium contains any amount of a controlled substance as
27 defined in subsection (f) of Section 102 of the Illinois
28 Controlled Substances Act or a metabolite thereof, with the
29 exception of a controlled substance or metabolite thereof
30 whose presence in the newborn infant is the result of medical
31 treatment administered to the mother or the newborn infant. A
32 child shall not be considered neglected for the sole reason
33 that the child's parent or other person responsible for his
34 or her welfare has left the child in the care of an adult
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1 relative for any period of time. A child shall not be
2 considered neglected or abused for the sole reason that such
3 child's parent or other person responsible for his or her
4 welfare depends upon spiritual means through prayer alone for
5 the treatment or cure of disease or remedial care as provided
6 under Section 4 of this Act. A child shall not be considered
7 neglected or abused solely because the child is not attending
8 school in accordance with the requirements of Article 26 of
9 The School Code, as amended.
10 "Child Protective Service Unit" means certain specialized
11 State employees of the Department assigned by the Director to
12 perform the duties and responsibilities as provided under
13 Section 7.2 of this Act.
14 "Person responsible for the child's welfare" means the
15 child's parent; guardian; foster parent; relative caregiver;
16 any person responsible for the child's welfare in a public or
17 private residential agency or institution; any person
18 responsible for the child's welfare within a public or
19 private profit or not for profit child care facility; or any
20 other person responsible for the child's welfare at the time
21 of the alleged abuse or neglect, or any person who came to
22 know the child through an official capacity or position of
23 trust, including but not limited to health care
24 professionals, educational personnel, recreational
25 supervisors, and volunteers or support personnel in any
26 setting where children may be subject to abuse or neglect.
27 "Temporary protective custody" means custody within a
28 hospital or other medical facility or a place previously
29 designated for such custody by the Department, subject to
30 review by the Court, including a licensed foster home, group
31 home, or other institution; but such place shall not be a
32 jail or other place for the detention of criminal or juvenile
33 offenders.
34 "An unfounded report" means any report made under this
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1 Act for which it is determined after an investigation that no
2 credible evidence of abuse or neglect exists.
3 "An indicated report" means a report made under this Act
4 if an investigation determines that credible evidence of the
5 alleged abuse or neglect exists.
6 "An undetermined report" means any report made under this
7 Act in which it was not possible to initiate or complete an
8 investigation on the basis of information provided to the
9 Department.
10 "Subject of report" means any child reported to the
11 central register of child abuse and neglect established under
12 Section 7.7 of this Act and his or her parent, guardian or
13 other person responsible who is also named in the report.
14 "Perpetrator" means a person who, as a result of
15 investigation, has been determined by the Department to have
16 caused child abuse or neglect.
17 (Source: P.A. 89-21, eff. 7-1-95; 90-239, eff. 7-28-97.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.