Public Act 90-0684 of the 90th General Assembly
Public Act 90-0684
SB1384 Enrolled LRB9008905SMdv
AN ACT concerning children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. The Illinois Public Aid Code is amended by
adding Sections 9A-11.5 and 12-4.7d as follows:
(305 ILCS 5/9A-11.5 new)
Sec. 9A-11.5. Investigate child care providers. Any
child care provider receiving funds from the child care
assistance program under this Code who is not required to be
licensed under the Child Care Act of 1969 shall, as a
condition of eligibility to participate in the child care
assistance program under this Code, authorize in writing on a
form prescribed by the Department of Children and Family
Services, an investigation of the Central Register, as
defined in the Abused and Neglected Child Reporting Act, to
ascertain if the child care provider has been determined to
be a perpetrator in an indicated report of child abuse or
neglect.
The Department of Children and Family Services shall
conduct an investigation of the Central Register at the
request of the Department. The Department shall request the
Department of Children and Family Services to conduct an
investigation of the Central Register. The Department shall
by rule determine when payment to an unlicensed child care
provider may be withheld if there is an indicated finding
against the provider in the Central Register.
(305 ILCS 5/12-4.7d new)
Sec. 12-4.7d. Interagency agreement regarding
investigation of child care providers. The Department shall
enter into a written agreement with the Department of
Children and Family Services which shall provide for
interagency procedures regarding requests by the Department
that the Department of Children and Family Services conduct
an investigation of the Central Register, as defined in the
Abused and Neglected Child Reporting Act, to ascertain if a
child care provider who is not required to be licensed under
the Child Care Act of 1969 and who is participating in the
child care assistance program under this Code has been
determined to be a perpetrator in an indicated report of
child abuse or neglect.
Section 5. The Abused and Neglected Child Reporting Act
is amended by changing Section 3 as follows:
(325 ILCS 5/3) (from Ch. 23, par. 2053)
Sec. 3. As used in this Act unless the context otherwise
requires:
"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.
"Department" means Department of Children and Family
Services.
"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.
"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:
a. inflicts, causes to be inflicted, or allows to
be 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;
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;
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;
d. commits or allows to be committed an act or acts
of torture upon such child; or
e. inflicts excessive corporal punishment; or.
f. commits or allows to be committed the offense of
female genital mutilation, as defined in Section 12-34 of
the Criminal Code of 1961, against the child.
"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
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
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 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 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 School Code, as amended.
"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.
"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, including but not limited to health care
professionals, educational personnel, recreational
supervisors, and volunteers or support personnel in any
setting where children may be subject to abuse or neglect.
"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.
"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.
"An indicated report" means a report made under this Act
if an investigation determines that credible evidence of the
alleged abuse or neglect exists.
"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.
"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.
"Perpetrator" means a person who, as a result of
investigation, has been determined by the Department to have
caused child abuse or neglect.
(Source: P.A. 89-21, eff. 7-1-95; 90-239, eff. 7-28-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.