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91_HB3073enr HB3073 Enrolled LRB9110560RCpk 1 AN ACT in relation to children. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Abused and Neglected Child Reporting Act 5 is amended by changing Section 3 as follows: 6 (325 ILCS 5/3) (from Ch. 23, par. 2053) 7 Sec. 3. As used in this Act unless the context otherwise 8 requires: 9 "Child" means any person under the age of 18 years, 10 unless legally emancipated by reason of marriage or entry 11 into a branch of the United States armed services. 12 "Department" means Department of Children and Family 13 Services. 14 "Local law enforcement agency" means the police of a 15 city, town, village or other incorporated area or the sheriff 16 of an unincorporated area or any sworn officer of the 17 Illinois Department of State Police. 18 "Abused child" means a child whose parent or immediate 19 family member, or any person responsible for the child's 20 welfare, or any individual residing in the same home as the 21 child, or a paramour of the child's parent: 22 a. inflicts, causes to be inflicted, or allows to 23 be inflicted upon such child physical injury, by other 24 than accidental means, which causes death, disfigurement, 25 impairment of physical or emotional health, or loss or 26 impairment of any bodily function; 27 b. creates a substantial risk of physical injury to 28 such child by other than accidental means which would be 29 likely to cause death, disfigurement, impairment of 30 physical or emotional health, or loss or impairment of 31 any bodily function; HB3073 Enrolled -2- LRB9110560RCpk 1 c. commits or allows to be committed any sex 2 offense against such child, as such sex offenses are 3 defined in the Criminal Code of 1961, as amended, and 4 extending those definitions of sex offenses to include 5 children under 18 years of age; 6 d. commits or allows to be committed an act or acts 7 of torture upon such child; 8 e. inflicts excessive corporal punishment;or9 f. commits or allows to be committed the offense of 10 female genital mutilation, as defined in Section 12-34 of 11 the Criminal Code of 1961, against the child; or.12 g. causes to be sold, transferred, distributed, or 13 given to such child under 18 years of age, a controlled 14 substance as defined in Section 102 of the Illinois 15 Controlled Substances Act in violation of Article IV of 16 the Illinois Controlled Substances Act, except for 17 controlled substances that are prescribed in accordance 18 with Article III of the Illinois Controlled Substances 19 Act and are dispensed to such child in a manner that 20 substantially complies with the prescription. 21 "Neglected child" means any child who is not receiving 22 the proper or necessary nourishment or medically indicated 23 treatment including food or care not provided solely on the 24 basis of the present or anticipated mental or physical 25 impairment as determined by a physician acting alone or in 26 consultation with other physicians or otherwise is not 27 receiving the proper or necessary support or medical or other 28 remedial care recognized under State law as necessary for a 29 child's well-being, or other care necessary for his or her 30 well-being, including adequate food, clothing and shelter; or 31 who is abandoned by his or her parents or other person 32 responsible for the child's welfare without a proper plan of 33 care; or who is a newborn infant whose blood, urine, or 34 meconium contains any amount of a controlled substance as HB3073 Enrolled -3- LRB9110560RCpk 1 defined in subsection (f) of Section 102 of the Illinois 2 Controlled Substances Act or a metabolite thereof, with the 3 exception of a controlled substance or metabolite thereof 4 whose presence in the newborn infant is the result of medical 5 treatment administered to the mother or the newborn infant. A 6 child shall not be considered neglected for the sole reason 7 that the child's parent or other person responsible for his 8 or her welfare has left the child in the care of an adult 9 relative for any period of time. A child shall not be 10 considered neglected or abused for the sole reason that such 11 child's parent or other person responsible for his or her 12 welfare depends upon spiritual means through prayer alone for 13 the treatment or cure of disease or remedial care as provided 14 under Section 4 of this Act. A child shall not be considered 15 neglected or abused solely because the child is not attending 16 school in accordance with the requirements of Article 26 of 17 The School Code, as amended. 18 "Child Protective Service Unit" means certain specialized 19 State employees of the Department assigned by the Director to 20 perform the duties and responsibilities as provided under 21 Section 7.2 of this Act. 22 "Person responsible for the child's welfare" means the 23 child's parent; guardian; foster parent; relative caregiver; 24 any person responsible for the child's welfare in a public or 25 private residential agency or institution; any person 26 responsible for the child's welfare within a public or 27 private profit or not for profit child care facility; or any 28 other person responsible for the child's welfare at the time 29 of the alleged abuse or neglect, or any person who came to 30 know the child through an official capacity or position of 31 trust, including but not limited to health care 32 professionals, educational personnel, recreational 33 supervisors, and volunteers or support personnel in any 34 setting where children may be subject to abuse or neglect. HB3073 Enrolled -4- LRB9110560RCpk 1 "Temporary protective custody" means custody within a 2 hospital or other medical facility or a place previously 3 designated for such custody by the Department, subject to 4 review by the Court, including a licensed foster home, group 5 home, or other institution; but such place shall not be a 6 jail or other place for the detention of criminal or juvenile 7 offenders. 8 "An unfounded report" means any report made under this 9 Act for which it is determined after an investigation that no 10 credible evidence of abuse or neglect exists. 11 "An indicated report" means a report made under this Act 12 if an investigation determines that credible evidence of the 13 alleged abuse or neglect exists. 14 "An undetermined report" means any report made under this 15 Act in which it was not possible to initiate or complete an 16 investigation on the basis of information provided to the 17 Department. 18 "Subject of report" means any child reported to the 19 central register of child abuse and neglect established under 20 Section 7.7 of this Act and his or her parent, guardian or 21 other person responsible who is also named in the report. 22 "Perpetrator" means a person who, as a result of 23 investigation, has been determined by the Department to have 24 caused child abuse or neglect. 25 (Source: P.A. 89-21, eff. 7-1-95; 90-239, eff. 7-28-97; 26 90-684, eff. 7-31-98.)