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91_HB3073eng HB3073 Engrossed 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 Engrossed -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 any child under 18 years of age, a controlled 14 substance as defined in Section 102 of the Illinois 15 Controlled Substances Act. 16 "Neglected child" means any child who is not receiving 17 the proper or necessary nourishment or medically indicated 18 treatment including food or care not provided solely on the 19 basis of the present or anticipated mental or physical 20 impairment as determined by a physician acting alone or in 21 consultation with other physicians or otherwise is not 22 receiving the proper or necessary support or medical or other 23 remedial care recognized under State law as necessary for a 24 child's well-being, or other care necessary for his or her 25 well-being, including adequate food, clothing and shelter; or 26 who is abandoned by his or her parents or other person 27 responsible for the child's welfare without a proper plan of 28 care; or who is a newborn infant whose blood, urine, or 29 meconium contains any amount of a controlled substance as 30 defined in subsection (f) of Section 102 of the Illinois 31 Controlled Substances Act or a metabolite thereof, with the 32 exception of a controlled substance or metabolite thereof 33 whose presence in the newborn infant is the result of medical 34 treatment administered to the mother or the newborn infant. A HB3073 Engrossed -3- LRB9110560RCpk 1 child shall not be considered neglected for the sole reason 2 that the child's parent or other person responsible for his 3 or her welfare has left the child in the care of an adult 4 relative for any period of time. A child shall not be 5 considered neglected or abused for the sole reason that such 6 child's parent or other person responsible for his or her 7 welfare depends upon spiritual means through prayer alone for 8 the treatment or cure of disease or remedial care as provided 9 under Section 4 of this Act. A child shall not be considered 10 neglected or abused solely because the child is not attending 11 school in accordance with the requirements of Article 26 of 12 The School Code, as amended. 13 "Child Protective Service Unit" means certain specialized 14 State employees of the Department assigned by the Director to 15 perform the duties and responsibilities as provided under 16 Section 7.2 of this Act. 17 "Person responsible for the child's welfare" means the 18 child's parent; guardian; foster parent; relative caregiver; 19 any person responsible for the child's welfare in a public or 20 private residential agency or institution; any person 21 responsible for the child's welfare within a public or 22 private profit or not for profit child care facility; or any 23 other person responsible for the child's welfare at the time 24 of the alleged abuse or neglect, or any person who came to 25 know the child through an official capacity or position of 26 trust, including but not limited to health care 27 professionals, educational personnel, recreational 28 supervisors, and volunteers or support personnel in any 29 setting where children may be subject to abuse or neglect. 30 "Temporary protective custody" means custody within a 31 hospital or other medical facility or a place previously 32 designated for such custody by the Department, subject to 33 review by the Court, including a licensed foster home, group 34 home, or other institution; but such place shall not be a HB3073 Engrossed -4- LRB9110560RCpk 1 jail or other place for the detention of criminal or juvenile 2 offenders. 3 "An unfounded report" means any report made under this 4 Act for which it is determined after an investigation that no 5 credible evidence of abuse or neglect exists. 6 "An indicated report" means a report made under this Act 7 if an investigation determines that credible evidence of the 8 alleged abuse or neglect exists. 9 "An undetermined report" means any report made under this 10 Act in which it was not possible to initiate or complete an 11 investigation on the basis of information provided to the 12 Department. 13 "Subject of report" means any child reported to the 14 central register of child abuse and neglect established under 15 Section 7.7 of this Act and his or her parent, guardian or 16 other person responsible who is also named in the report. 17 "Perpetrator" means a person who, as a result of 18 investigation, has been determined by the Department to have 19 caused child abuse or neglect. 20 (Source: P.A. 89-21, eff. 7-1-95; 90-239, eff. 7-28-97; 21 90-684, eff. 7-31-98.) 22 Section 10. The Criminal Code of 1961 is amended by 23 changing Section 12-21.6 as follows: 24 (720 ILCS 5/12-21.6) 25 Sec. 12-21.6. Endangering the life or health of a child. 26 (a) It is unlawful for any person to willfully cause or 27 permit the life or health of a child under the age of 18 to 28 be endangered or to willfully cause or permit a child to be 29 placed in circumstances that endanger the child's life or 30 health. 31 (b) A violation of this Section is a Class A 32 misdemeanor. A second or subsequent violation of this HB3073 Engrossed -5- LRB9110560RCpk 1 Section is a Class 3 felony. A violation of this Section 2 that is a proximate cause of the death of the child is a 3 Class 3 felony for which a person, if sentenced to a term of 4 imprisonment, shall be sentenced to a term of not less than 2 5 years and not more than 10 years. A violation of this Section 6 that includes the sale, transfer, or providing of a 7 controlled substance, as defined in Section 102 of the 8 Illinois Controlled Substances Act, to a child under 18 years 9 of age is a Class 3 felony. 10 (Source: P.A. 90-687, eff. 7-31-98.)