Full Text of SB2605 96th General Assembly
SB2605 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2605
Introduced 1/21/2010, by Sen. William Delgado SYNOPSIS AS INTRODUCED: |
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325 ILCS 5/3 |
from Ch. 23, par. 2053 |
325 ILCS 5/7.16 |
from Ch. 23, par. 2057.16 |
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Amends the Abused and Neglected Child Reporting Act. Changes the definition of the term "subject of report" to mean any child reported to the central register of child abuse and neglect as an alleged victim of child abuse or neglect and the parent or guardian of the alleged victim (rather than any child reported to the central register of child abuse and neglect and his or her parent, guardian, or other person responsible who is also named in the report). Provides that "subject of report" also includes a person responsible for the child's welfare who is also named in the report as an alleged perpetrator of child abuse or neglect. Further provides that within a specified time frame a subject of a report who is indicated for child abuse and neglect may request the Department of Children and Family Services to amend the record or remove the record of the report from the central register.
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A BILL FOR
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SB2605 |
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LRB096 15565 KTG 30796 b |
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| AN ACT concerning children.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Abused and Neglected Child Reporting Act is | 5 |
| amended by changing Sections 3 and 7.16 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 | 8 |
| requires:
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| "Child" means any person under the age of 18 years, unless | 10 |
| legally
emancipated by reason of marriage or entry into a | 11 |
| branch of the United
States armed services.
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| "Department" means Department of Children and Family | 13 |
| Services.
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| "Local law enforcement agency" means the police of a city, | 15 |
| town,
village or other incorporated area or the sheriff of an | 16 |
| unincorporated
area or any sworn officer of the Illinois | 17 |
| Department of State Police.
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| "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:
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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 |
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| accidental means, which causes
death, disfigurement, | 2 |
| impairment of physical or
emotional health, or loss or | 3 |
| impairment of any bodily function;
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| (b) creates a substantial risk of physical injury to | 5 |
| such
child by
other than accidental means which would be | 6 |
| likely to cause death,
disfigurement, impairment of | 7 |
| physical or emotional health, or loss or
impairment of any | 8 |
| bodily function;
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| (c) commits or allows to be committed any sex offense | 10 |
| against
such child,
as such sex offenses are defined in the | 11 |
| Criminal Code of 1961, as amended,
and extending those | 12 |
| definitions of sex offenses to include children under
18 | 13 |
| 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 | 19 |
| the Criminal Code of
1961, against the child; or
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| (g) causes to be sold, transferred, distributed, or | 21 |
| given to
such child
under 18 years of age, a controlled | 22 |
| substance as defined in Section 102 of the
Illinois | 23 |
| Controlled Substances Act in violation of Article IV of the | 24 |
| Illinois
Controlled Substances Act or in violation of the | 25 |
| Methamphetamine Control and Community Protection Act, | 26 |
| except for controlled substances that are prescribed
in |
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| accordance with Article III of the Illinois Controlled | 2 |
| Substances Act and
are dispensed to such child in a manner | 3 |
| that substantially complies with the
prescription.
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| A child shall not be considered abused for the sole reason | 5 |
| that the child
has been relinquished in accordance with the | 6 |
| Abandoned Newborn Infant
Protection Act.
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| "Neglected child" means any child who is not receiving the | 8 |
| proper or
necessary nourishment or medically indicated | 9 |
| treatment including food or care
not provided solely on the | 10 |
| basis of the present or anticipated mental or
physical | 11 |
| impairment as determined by a physician acting alone or in
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| consultation with other physicians or otherwise is not | 13 |
| receiving the proper or
necessary support or medical or other | 14 |
| remedial care recognized under State law
as necessary for a | 15 |
| 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 | 17 |
| who is abandoned
by his or her parents or other person | 18 |
| responsible for the child's welfare
without a proper plan of | 19 |
| care; or who has been provided with interim crisis intervention | 20 |
| services under
Section 3-5 of
the Juvenile Court Act of 1987 | 21 |
| and whose parent, guardian, or custodian refuses to
permit
the | 22 |
| 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 | 24 |
| parent, guardian, or custodian has not made any other | 25 |
| appropriate living arrangement for the child; or who is a | 26 |
| newborn infant whose blood, urine,
or meconium
contains any |
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| amount of a controlled substance as defined in subsection (f) | 2 |
| of
Section 102 of the Illinois Controlled Substances Act or a | 3 |
| metabolite thereof,
with the exception of a controlled | 4 |
| substance or metabolite thereof whose
presence in the newborn | 5 |
| infant is the result of medical treatment administered
to the | 6 |
| mother or the newborn infant. A child shall not be considered | 7 |
| neglected
for the sole reason that the child's parent or other | 8 |
| person responsible for his
or her welfare has left the child in | 9 |
| the care of an adult relative for any
period of time. A child | 10 |
| shall not be considered neglected for the sole reason
that the | 11 |
| child has been relinquished in accordance with the Abandoned | 12 |
| Newborn
Infant Protection Act. A child shall not be considered | 13 |
| neglected or abused
for the
sole reason that such child's | 14 |
| parent or other person responsible for his or her
welfare | 15 |
| depends upon spiritual means through prayer alone for the | 16 |
| treatment or
cure of disease or remedial care as provided under | 17 |
| Section 4 of this Act. A
child shall not be considered | 18 |
| neglected or abused solely because the child is
not attending | 19 |
| 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 | 22 |
| State employees of
the Department assigned by the Director to | 23 |
| perform the duties and
responsibilities as provided under | 24 |
| Section 7.2 of this Act.
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| "Person responsible for the child's welfare" means the | 26 |
| child's parent;
guardian; foster parent; relative caregiver; |
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| any person responsible for the
child's welfare in a public or | 2 |
| private residential agency or institution; any
person | 3 |
| responsible for the child's welfare within a public or private | 4 |
| profit or
not for profit child care facility; or any other | 5 |
| person responsible for the
child's welfare at the time of the | 6 |
| alleged abuse or neglect, or any person who
came to know the | 7 |
| child through an official capacity or position of trust,
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| including but not limited to health care professionals, | 9 |
| educational personnel,
recreational supervisors, members of | 10 |
| 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 | 13 |
| hospital or
other medical facility or a place previously | 14 |
| designated for such custody
by the Department, subject to | 15 |
| review by the Court, including a licensed
foster home, group | 16 |
| home, or other institution; but such place shall not
be a jail | 17 |
| or other place for the detention of criminal or juvenile | 18 |
| offenders.
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| "An unfounded report" means any report made under this Act | 20 |
| for which
it is determined after an investigation that no | 21 |
| credible evidence of
abuse or neglect exists.
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| "An indicated report" means a report made under this Act if | 23 |
| an
investigation determines that credible evidence of the | 24 |
| alleged
abuse or neglect exists.
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| "An undetermined report" means any report made under this | 26 |
| Act in
which it was not possible to initiate or complete an |
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| investigation on
the basis of information provided to the | 2 |
| Department.
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| "Subject of report" means any child reported to the central | 4 |
| register
of child abuse and neglect established under Section | 5 |
| 7.7 of this Act as an alleged victim of child abuse or neglect | 6 |
| and
the his or her parent , or guardian of the alleged victim or | 7 |
| other person responsible
who is also named in the report . | 8 |
| "Subject of report" also includes a person responsible for the | 9 |
| child's welfare who is also named in the report as an alleged | 10 |
| perpetrator of child abuse or neglect.
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| "Perpetrator" means a person who, as a result of | 12 |
| investigation, has
been determined by the Department to have | 13 |
| caused child abuse or neglect.
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| "Member of the clergy" means a clergyman or practitioner of | 15 |
| any religious
denomination accredited by the religious body to | 16 |
| which he or she belongs.
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| (Source: P.A. 94-556, eff. 9-11-05; 95-443, eff. 1-1-08.)
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| (325 ILCS 5/7.16) (from Ch. 23, par. 2057.16)
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| Sec. 7.16.
For any investigation or appeal initiated on or | 20 |
| after, or
pending on July 1, 1998, the following time frames | 21 |
| shall apply.
Within 60 days after the notification of the | 22 |
| completion
of the Child Protective Service Unit investigation, | 23 |
| determined by the date
of the notification sent by the | 24 |
| Department, a subject of a report who is indicated for child | 25 |
| abuse and neglect may
request the Department to amend the |
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| record or
remove the record of the report from the register. | 2 |
| Such request shall be
in writing and directed to such person as | 3 |
| the Department designates in the
notification. If the | 4 |
| Department disregards any
request to do so or does
not act | 5 |
| within 10 days, the subject shall have the right to a
hearing | 6 |
| within
the Department to determine whether the record of the | 7 |
| report should be
amended or removed on the grounds that it is | 8 |
| inaccurate or it is
being
maintained in a manner inconsistent | 9 |
| with this Act, except that there
shall be no such right to a | 10 |
| hearing on the ground of the report's
inaccuracy if there has | 11 |
| been a court finding of child abuse or neglect, the
report's | 12 |
| accuracy being conclusively presumed on such finding. Such
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| hearing shall be held within a reasonable time after the | 14 |
| subject's request
and at a reasonable place and hour. The | 15 |
| appropriate Child Protective
Service Unit shall be given notice | 16 |
| of the hearing. In such hearings, the
burden of proving the | 17 |
| accuracy and consistency of the record shall be on
the | 18 |
| Department and the appropriate Child Protective Service Unit. | 19 |
| The
hearing shall be conducted by the Director or his designee, | 20 |
| who is hereby
authorized and empowered to order the amendment | 21 |
| or removal of
the record to make it accurate and consistent | 22 |
| with this Act. The decision
shall be made, in writing, at the | 23 |
| close of the hearing, or within 45
days
thereof, and shall | 24 |
| state the reasons upon which it is based. Decisions of
the | 25 |
| Department under this Section are administrative decisions | 26 |
| subject to
judicial review under the Administrative Review Law.
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| Should the Department grant the request of the subject of | 2 |
| the report
pursuant to this Section either on administrative | 3 |
| review or after
administrative hearing to amend an indicated | 4 |
| report to an unfounded report, the
report shall be released and | 5 |
| expunged in accordance
with the standards set forth in Section | 6 |
| 7.14 of this Act.
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| (Source: P.A. 90-15, eff. 6-13-97; 90-608, eff. 6-30-98.)
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