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Public Act 095-0443 |
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AN ACT in relation to children.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Abused and Neglected Child Reporting Act is | ||||
amended by changing Section 3 as follows:
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(325 ILCS 5/3) (from Ch. 23, par. 2053)
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Sec. 3. As used in this Act unless the context otherwise | ||||
requires:
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"Child" means any person under the age of 18 years, unless | ||||
legally
emancipated by reason of marriage or entry into a | ||||
branch of the United
States armed services.
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"Department" means Department of Children and Family | ||||
Services.
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"Local law enforcement agency" means the police of a city, | ||||
town,
village or other incorporated area or the sheriff of an | ||||
unincorporated
area or any sworn officer of the Illinois | ||||
Department of State Police.
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"Abused child"
means a child whose parent or immediate | ||||
family
member,
or any person responsible for the child's | ||||
welfare, or any individual
residing in the same home as the | ||||
child, or a paramour of the child's parent:
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(a) inflicts, causes to be inflicted, or allows to be
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inflicted upon
such child physical injury, by other than |
accidental means, which causes
death, disfigurement, | ||
impairment of physical or
emotional health, or loss or | ||
impairment of any bodily function;
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(b) creates a substantial risk of physical injury to | ||
such
child by
other than accidental means which would be | ||
likely to cause death,
disfigurement, impairment of | ||
physical or emotional health, or loss or
impairment of any | ||
bodily function;
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(c) commits or allows to be committed any sex offense | ||
against
such child,
as such sex offenses are defined in the | ||
Criminal Code of 1961, as amended,
and extending those | ||
definitions of sex offenses to include children under
18 | ||
years of age;
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(d) commits or allows to be committed an act or acts of
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torture upon
such child;
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(e) inflicts excessive corporal punishment;
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(f) commits or allows to be committed
the offense of
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female
genital mutilation, as defined in Section 12-34 of | ||
the Criminal Code of
1961, against the child; or
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(g) causes to be sold, transferred, distributed, or | ||
given to
such child
under 18 years of age, a controlled | ||
substance as defined in Section 102 of the
Illinois | ||
Controlled Substances Act in violation of Article IV of the | ||
Illinois
Controlled Substances Act or in violation of the | ||
Methamphetamine Control and Community Protection Act, | ||
except for controlled substances that are prescribed
in |
accordance with Article III of the Illinois Controlled | ||
Substances Act and
are dispensed to such child in a manner | ||
that substantially complies with the
prescription.
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A child shall not be considered abused for the sole reason | ||
that the child
has been relinquished in accordance with the | ||
Abandoned Newborn Infant
Protection Act.
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"Neglected child" means any child who is not receiving the | ||
proper or
necessary nourishment or medically indicated | ||
treatment including food or care
not provided solely on the | ||
basis of the present or anticipated mental or
physical | ||
impairment as determined by a physician acting alone or in
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consultation with other physicians or otherwise is not | ||
receiving the proper or
necessary support or medical or other | ||
remedial care recognized under State law
as necessary for a | ||
child's well-being, or other care necessary for his or her
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well-being, including adequate food, clothing and shelter; or | ||
who is abandoned
by his or her parents or other person | ||
responsible for the child's welfare
without a proper plan of | ||
care; or who has been provided with interim crisis intervention | ||
services under
Section 3-5 of
the Juvenile Court Act of 1987 | ||
and whose parent, guardian, or custodian refuses to
permit
the | ||
child to return home and no other living arrangement agreeable
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to the parent, guardian, or custodian can be made, and the | ||
parent, guardian, or custodian has not made any other | ||
appropriate living arrangement for the child; or who is a | ||
newborn infant whose blood, urine,
or meconium
contains any |
amount of a controlled substance as defined in subsection (f) | ||
of
Section 102 of the Illinois Controlled Substances Act or a | ||
metabolite thereof,
with the exception of a controlled | ||
substance or metabolite thereof whose
presence in the newborn | ||
infant is the result of medical treatment administered
to the | ||
mother or the newborn infant. A child shall not be considered | ||
neglected
for the sole reason that the child's parent or other | ||
person responsible for his
or her welfare has left the child in | ||
the care of an adult relative for any
period of time. A child | ||
shall not be considered neglected for the sole reason
that the | ||
child has been relinquished in accordance with the Abandoned | ||
Newborn
Infant Protection Act. A child shall not be considered | ||
neglected or abused
for the
sole reason that such child's | ||
parent or other person responsible for his or her
welfare | ||
depends upon spiritual means through prayer alone for the | ||
treatment or
cure of disease or remedial care as provided under | ||
Section 4 of this Act. A
child shall not be considered | ||
neglected or abused solely because the child is
not attending | ||
school in accordance with the requirements of Article 26 of The
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School Code, as amended.
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"Child Protective Service Unit" means certain specialized | ||
State employees of
the Department assigned by the Director to | ||
perform the duties and
responsibilities as provided under | ||
Section 7.2 of this Act.
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"Person responsible for the child's welfare" means the | ||
child's parent;
guardian; foster parent; relative caregiver; |
any person responsible for the
child's welfare in a public or | ||
private residential agency or institution; any
person | ||
responsible for the child's welfare within a public or private | ||
profit or
not for profit child care facility; or any other | ||
person responsible for the
child's welfare at the time of the | ||
alleged abuse or neglect, or any person who
came to know the | ||
child through an official capacity or position of trust,
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including but not limited to health care professionals, | ||
educational personnel,
recreational supervisors, members of | ||
the clergy, and volunteers or
support personnel in any setting
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where children may be subject to abuse or neglect.
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"Temporary protective custody" means custody within a | ||
hospital or
other medical facility or a place previously | ||
designated for such custody
by the Department, subject to | ||
review by the Court, including a licensed
foster home, group | ||
home, or other institution; but such place shall not
be a jail | ||
or other place for the detention of criminal or juvenile | ||
offenders.
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"An unfounded report" means any report made under this Act | ||
for which
it is determined after an investigation that no | ||
credible evidence of
abuse or neglect exists.
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"An indicated report" means a report made under this Act if | ||
an
investigation determines that credible evidence of the | ||
alleged
abuse or neglect exists.
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"An undetermined report" means any report made under this | ||
Act in
which it was not possible to initiate or complete an |
investigation on
the basis of information provided to the | ||
Department.
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"Subject of report" means any child reported to the central | ||
register
of child abuse and neglect established under Section | ||
7.7 of this Act and
his or her parent, guardian or other person | ||
responsible
who is also named in the report.
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"Perpetrator" means a person who, as a result of | ||
investigation, has
been determined by the Department to have | ||
caused child abuse or neglect.
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"Member of the clergy" means a clergyman or practitioner of | ||
any religious
denomination accredited by the religious body to | ||
which he or she belongs.
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(Source: P.A. 94-556, eff. 9-11-05.)
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Section 10. The Juvenile Court Act of 1987 is amended by | ||
changing
Sections 2-3 and 3-5 as follows:
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(705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
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Sec. 2-3. Neglected or abused minor.
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(1) Those who are neglected include:
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(a) any minor under 18 years of age who is not | ||
receiving
the proper or necessary support, education as
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required by law, or medical or other remedial care | ||
recognized under
State law as necessary for a minor's | ||
well-being, or other care necessary
for his or her | ||
well-being, including adequate food, clothing and shelter,
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or who is abandoned by his or her parents or other person | ||
responsible for
the minor's welfare, except that a minor | ||
shall not be considered neglected
for the sole reason that | ||
the minor's parent or other person responsible for the
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minor's welfare has left the minor in the care of an adult | ||
relative for any
period of time; or
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(b) any minor under 18 years of age whose environment | ||
is injurious
to his or her welfare; or
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(c) any newborn infant whose blood, urine, or meconium
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contains any amount of a
controlled substance as defined in | ||
subsection (f) of Section 102 of the
Illinois Controlled | ||
Substances Act, as now or hereafter amended, or a
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metabolite of a controlled substance, with the exception of | ||
controlled
substances or metabolites of such substances, | ||
the presence of which in the
newborn infant is the result | ||
of medical treatment administered to the
mother or the | ||
newborn infant; or
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(d) any minor under the age of 14 years whose parent or | ||
other person
responsible for the minor's welfare leaves the | ||
minor without
supervision for an unreasonable period of | ||
time without regard for the mental or
physical health, | ||
safety, or welfare of that minor ; or
.
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(e) any minor who has been provided with interim crisis | ||
intervention
services under Section 3-5 of this Act and | ||
whose parent, guardian, or custodian
refuses to permit the | ||
minor to return home unless the minor is an immediate |
physical danger to himself, herself, or others living in | ||
the home.
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Whether the minor was left without regard for the mental or | ||
physical health,
safety, or welfare of that minor or the period | ||
of time was unreasonable shall
be determined by considering the | ||
following factors, including but not limited
to:
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(1) the age of the minor;
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(2) the number of minors left at the location;
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(3) special needs of the minor, including whether the | ||
minor is physically
or mentally handicapped, or otherwise | ||
in need of ongoing prescribed medical
treatment such as | ||
periodic doses of insulin or other medications;
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(4) the duration of time in which the minor was left | ||
without supervision;
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(5) the condition and location of the place where the | ||
minor was left
without supervision;
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(6) the time of day or night when the minor was left | ||
without supervision;
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(7) the weather conditions, including whether the | ||
minor was left in a
location with adequate protection from | ||
the natural elements such as adequate
heat or light;
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(8) the location of the parent or guardian at the time | ||
the minor was left
without supervision, the physical | ||
distance the minor was from the parent or
guardian at the | ||
time the minor was without supervision;
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(9) whether the minor's movement was restricted, or the |
minor was
otherwise locked within a room or other | ||
structure;
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(10) whether the minor was given a phone number of a | ||
person or location to
call in the event of an emergency and | ||
whether the minor was capable of making
an emergency call;
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(11) whether there was food and other provision left | ||
for the minor;
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(12) whether any of the conduct is attributable to | ||
economic hardship or
illness and the parent, guardian or | ||
other person having physical custody or
control of the | ||
child made a good faith effort to provide for the health | ||
and
safety of the minor;
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(13) the age and physical and mental capabilities of | ||
the person or persons
who provided supervision for the | ||
minor;
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(14) whether the minor was left under the supervision | ||
of another person;
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(15) any other factor that would endanger the health | ||
and safety of that
particular minor.
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A minor shall not be considered neglected for the sole | ||
reason that the
minor has been relinquished in accordance with | ||
the Abandoned Newborn Infant
Protection Act.
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(2) Those who are abused include any minor under 18 years | ||
of age whose
parent or immediate family member, or any person | ||
responsible
for the minor's welfare, or any person who is in | ||
the same family or household
as the minor, or any individual |
residing in the same home as the minor, or
a paramour of the | ||
minor's parent:
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(i) inflicts, causes to be inflicted, or allows to be | ||
inflicted upon
such minor physical injury, by other than | ||
accidental means, which causes death,
disfigurement, | ||
impairment of physical or emotional health, or loss or
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impairment of any bodily function;
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(ii) creates a substantial risk of physical injury to | ||
such minor by
other than accidental means which would be | ||
likely to cause death,
disfigurement, impairment of | ||
emotional health, or loss or impairment of any
bodily | ||
function;
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(iii) commits or allows to be committed any sex offense | ||
against such
minor, as such sex offenses are defined in the | ||
Criminal Code of 1961, as
amended, and extending those | ||
definitions of sex offenses to include minors
under 18 | ||
years of age;
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(iv) commits or allows to be committed an act or acts | ||
of torture upon
such minor; or
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(v) inflicts excessive corporal punishment.
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A minor shall not be considered abused for the sole reason | ||
that the minor
has been relinquished in accordance with the | ||
Abandoned Newborn Infant
Protection Act.
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(3) This Section does not apply to a minor who would be | ||
included
herein solely for the purpose of qualifying for | ||
financial assistance for
himself, his parents, guardian or |
custodian.
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(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
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(705 ILCS 405/3-5) (from Ch. 37, par. 803-5)
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Sec. 3-5. Interim crisis intervention services. (a) Any | ||
minor who
is taken into limited custody, or who independently | ||
requests
or is referred for assistance, may be provided crisis | ||
intervention services
by an agency or association, as defined | ||
in this Act,
provided the association or agency staff (i) | ||
immediately investigate the
circumstances of the minor and the | ||
facts surrounding the minor being taken
into custody and | ||
promptly explain these
facts and circumstances to the minor, | ||
and (ii) make a reasonable effort
to inform the minor's parent, | ||
guardian or custodian of the fact that the
minor has been taken | ||
into limited custody and where the minor is being
kept, and | ||
(iii) if the minor consents, make a reasonable effort
to | ||
transport, arrange for the transportation of, or otherwise | ||
release the
minor to the parent, guardian or custodian. Upon | ||
release of the child who
is believed to need or benefit from | ||
medical, psychological, psychiatric
or social services, the | ||
association or agency may inform the minor and the
person to | ||
whom the minor is released of the nature and location of | ||
appropriate
services and shall, if requested, assist in | ||
establishing contact between
the family and other associations | ||
or agencies providing such services. If the
agency or | ||
association is unable by all reasonable efforts to contact a |
parent,
guardian or custodian, or if the person contacted lives | ||
an unreasonable
distance away, or if the minor refuses to be | ||
taken to his or her home
or other appropriate residence, or if | ||
the agency or association is otherwise
unable despite all | ||
reasonable efforts to make arrangements for the safe
return of | ||
the minor, the minor may be taken to a temporary living
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arrangement which is in compliance with the Child Care Act of | ||
1969 or which
is with persons agreed to by the parents and the | ||
agency or association.
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(b) An agency or association is authorized to permit a | ||
minor to be sheltered
in a temporary living arrangement | ||
provided the agency seeks to effect the
minor's return home or | ||
alternative living arrangements agreeable to the
minor and the | ||
parent, guardian or custodian
as soon as practicable. No minor | ||
shall be sheltered in a temporary living arrangement for more | ||
than 48 hours, excluding Saturdays, Sundays, and | ||
court-designated holidays, when the agency has reported the | ||
minor as neglected or abused because the parent, guardian, or | ||
custodian refuses to permit the child to return home, provided | ||
that in all other instances the minor may be sheltered when the | ||
agency obtains the consent of the parent, guardian, or | ||
custodian or documents its unsuccessful efforts to obtain the | ||
consent or authority of the parent, guardian, or custodian, | ||
including recording the date and the staff involved in all | ||
telephone calls, telegrams, letters, and personal contacts to | ||
obtain the consent or authority, in which instances the minor |
may be so sheltered for not more than 21 days. If the parent, | ||
guardian or custodian refuses to
permit the minor to return | ||
home, and no other living arrangement agreeable
to the minor | ||
and the parent, guardian, or custodian can be made, and the | ||
parent, guardian, or custodian has not made any other | ||
appropriate living arrangement for the child, the agency
may | ||
deem the minor to be neglected and report the neglect to the | ||
Department
of Children
and Family Services as provided in the | ||
Abused and Neglected Child Reporting
Act. The
Child Protective | ||
Service Unit of the Department of Children and Family Services
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shall
begin an investigation of the report within 24 hours | ||
after receiving the report
and shall
determine whether to
shall
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file a petition alleging that the minor is neglected or abused | ||
as
described in Section 2-3 of this Act. Subject to | ||
appropriation, the Department may take the minor into temporary | ||
protective custody at any time after receiving the report, | ||
provided that the Department shall take temporary protective | ||
custody within 48 hours of receiving the report if its | ||
investigation is not completed. If the Department of Children | ||
and Family Services determines that the minor is not a | ||
neglected minor because the minor is an immediate physical | ||
danger to himself, herself, or others living in the home, then | ||
the Department shall take immediate steps to either secure the | ||
minor's immediate admission to a mental health facility, | ||
arrange for law enforcement authorities to take temporary | ||
custody of the minor as a delinquent minor, or take other |
appropriate action to assume protective custody in order to | ||
safeguard the minor or others living in the home from immediate | ||
physical danger.
No minor shall be sheltered in a
temporary | ||
living arrangement for more than 48 hours, excluding Saturdays,
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Sundays and court-designated holidays, without parental | ||
consent unless the
agency documents its unsuccessful efforts to | ||
contact a parent or guardian,
including recording the date and | ||
time and staff involved in all telephone
calls, telegrams, | ||
letters, and personal contacts to obtain the consent or
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authority, in which case the minor may be so sheltered for not | ||
more than 21 days.
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(c) Any agency or association or employee thereof acting | ||
reasonably and
in good faith in the care of a minor being | ||
provided interim crisis
intervention services and shelter care | ||
shall be immune from any civil or
criminal liability resulting | ||
from such care.
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(Source: P.A. 85-601.)
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