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90_HB2793
325 ILCS 5/3 from Ch. 23, par. 2053
325 ILCS 5/8.2 from Ch. 23, par. 2058.2
Amends the Abused and Neglected Child Reporting Act.
Adds to definition of "neglected child" a newborn infant
whose blood, urine, or meconium contains any amount of
cannabis. Provides for a DCFS referral for drug abuse in a
case where there is evidence that the blood, urine, or
meconium of a newborn infant contains any amount of cannabis.
LRB9009647DJgc
LRB9009647DJgc
1 AN ACT to amend the Abused and Neglected Child Reporting
2 Act by changing Sections 3 and 8.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Abused and Neglected Child Reporting Act
6 is amended by changing Sections 3 and 8.2 as follows:
7 (325 ILCS 5/3) (from Ch. 23, par. 2053)
8 Sec. 3. As used in this Act unless the context otherwise
9 requires:
10 "Child" means any person under the age of 18 years,
11 unless legally emancipated by reason of marriage or entry
12 into a branch of the United States armed services.
13 "Department" means Department of Children and Family
14 Services.
15 "Local law enforcement agency" means the police of a
16 city, town, village or other incorporated area or the sheriff
17 of an unincorporated area or any sworn officer of the
18 Illinois Department of State Police.
19 "Abused child" means a child whose parent or immediate
20 family member, or any person responsible for the child's
21 welfare, or any individual residing in the same home as the
22 child, or a paramour of the child's parent:
23 a. inflicts, causes to be inflicted, or allows to
24 be inflicted upon such child physical injury, by other
25 than accidental means, which causes death, disfigurement,
26 impairment of physical or emotional health, or loss or
27 impairment of any bodily function;
28 b. creates a substantial risk of physical injury to
29 such child by other than accidental means which would be
30 likely to cause death, disfigurement, impairment of
31 physical or emotional health, or loss or impairment of
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1 any bodily function;
2 c. commits or allows to be committed any sex
3 offense against such child, as such sex offenses are
4 defined in the Criminal Code of 1961, as amended, and
5 extending those definitions of sex offenses to include
6 children under 18 years of age;
7 d. commits or allows to be committed an act or acts
8 of torture upon such child; or
9 e. inflicts excessive corporal punishment.
10 "Neglected child" means any child who is not receiving
11 the proper or necessary nourishment or medically indicated
12 treatment including food or care not provided solely on the
13 basis of the present or anticipated mental or physical
14 impairment as determined by a physician acting alone or in
15 consultation with other physicians or otherwise is not
16 receiving the proper or necessary support or medical or other
17 remedial care recognized under State law as necessary for a
18 child's well-being, or other care necessary for his or her
19 well-being, including adequate food, clothing and shelter; or
20 who is abandoned by his or her parents or other person
21 responsible for the child's welfare without a proper plan of
22 care; or who is a newborn infant whose blood, urine, or
23 meconium contains any amount of cannabis as defined in the
24 Cannabis Control Act or any amount of a controlled substance
25 as defined in subsection (f) of Section 102 of the Illinois
26 Controlled Substances Act or a metabolite thereof, with the
27 exception of cannabis or a controlled substance or metabolite
28 thereof whose presence in the newborn infant is the result of
29 medical treatment administered to the mother or the newborn
30 infant. A child shall not be considered neglected for the
31 sole reason that the child's parent or other person
32 responsible for his or her welfare has left the child in the
33 care of an adult relative for any period of time. A child
34 shall not be considered neglected or abused for the sole
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1 reason that such child's parent or other person responsible
2 for his or her welfare depends upon spiritual means through
3 prayer alone for the treatment or cure of disease or remedial
4 care as provided under Section 4 of this Act. A child shall
5 not be considered neglected or abused solely because the
6 child is not attending school in accordance with the
7 requirements of Article 26 of The School Code, as amended.
8 "Child Protective Service Unit" means certain specialized
9 State employees of the Department assigned by the Director to
10 perform the duties and responsibilities as provided under
11 Section 7.2 of this Act.
12 "Person responsible for the child's welfare" means the
13 child's parent; guardian; foster parent; relative caregiver;
14 any person responsible for the child's welfare in a public or
15 private residential agency or institution; any person
16 responsible for the child's welfare within a public or
17 private profit or not for profit child care facility; or any
18 other person responsible for the child's welfare at the time
19 of the alleged abuse or neglect, or any person who came to
20 know the child through an official capacity or position of
21 trust, including but not limited to health care
22 professionals, educational personnel, recreational
23 supervisors, and volunteers or support personnel in any
24 setting where children may be subject to abuse or neglect.
25 "Temporary protective custody" means custody within a
26 hospital or other medical facility or a place previously
27 designated for such custody by the Department, subject to
28 review by the Court, including a licensed foster home, group
29 home, or other institution; but such place shall not be a
30 jail or other place for the detention of criminal or juvenile
31 offenders.
32 "An unfounded report" means any report made under this
33 Act for which it is determined after an investigation that no
34 credible evidence of abuse or neglect exists.
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1 "An indicated report" means a report made under this Act
2 if an investigation determines that credible evidence of the
3 alleged abuse or neglect exists.
4 "An undetermined report" means any report made under this
5 Act in which it was not possible to initiate or complete an
6 investigation on the basis of information provided to the
7 Department.
8 "Subject of report" means any child reported to the
9 central register of child abuse and neglect established under
10 Section 7.7 of this Act and his or her parent, guardian or
11 other person responsible who is also named in the report.
12 "Perpetrator" means a person who, as a result of
13 investigation, has been determined by the Department to have
14 caused child abuse or neglect.
15 (Source: P.A. 89-21, eff. 7-1-95; 90-239, eff. 7-28-97.)
16 (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
17 Sec. 8.2. If the Child Protective Service Unit
18 determines, following an investigation made pursuant to
19 Section 7.4 of this Act, that there is credible evidence that
20 the child is abused or neglected, the Department shall assess
21 the family's need for services, and, as necessary, develop,
22 with the family, an appropriate service plan for the family's
23 voluntary acceptance or refusal. In any case where there is
24 evidence that (i) the perpetrator of the abuse or neglect is
25 an addict or alcoholic as defined in the Alcoholism and Other
26 Drug Abuse and Dependency Act or (ii) the blood, urine, or
27 meconium of a newborn infant contains any amount of cannabis
28 as defined in the Cannabis Control Act, the Department, when
29 making referrals for drug or alcohol abuse services, shall
30 make such referrals to facilities licensed by the Department
31 of Human Services or the Department of Public Health. The
32 Department shall comply with Section 8.1 by explaining its
33 lack of legal authority to compel the acceptance of services
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1 and may explain its concomitant authority to petition the
2 Circuit court under the Juvenile Court Act of 1987 or refer
3 the case to the local law enforcement authority or State's
4 attorney for criminal prosecution.
5 For purposes of this Act, the term "family preservation
6 services" refers to all services to prevent the placement of
7 children in substitute care when the children can be cared
8 for at home or in the custody of the person responsible for
9 the children's welfare without endangering the children's
10 health or safety, to reunite them with their families if so
11 placed when reunification is an appropriate goal, or to
12 maintain an adoptive placement. The term "homemaker"
13 includes emergency caretakers, homemakers, caretakers,
14 housekeepers and chore services. The term "counseling"
15 includes individual therapy, infant stimulation therapy,
16 family therapy, group therapy, self-help groups, drug and
17 alcohol abuse counseling, vocational counseling and
18 post-adoptive services. The term "day care" includes
19 protective day care and day care to meet educational,
20 prevocational or vocational needs. The term "emergency
21 assistance and advocacy" includes coordinated services to
22 secure emergency cash, food, housing and medical assistance
23 or advocacy for other subsistence and family protective
24 needs.
25 Before July 1, 2000, appropriate family preservation
26 services shall, subject to appropriation, be included in the
27 service plan if the Department has determined that those
28 services will ensure the child's health and safety, are in
29 the child's best interests, and will not place the child in
30 imminent risk of harm. Beginning July 1, 2000, appropriate
31 family preservation services shall be uniformly available
32 throughout the State. The Department shall promptly notify
33 children and families of the Department's responsibility to
34 offer and provide family preservation services as identified
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1 in the service plan. Such plans may include but are not
2 limited to: case management services; homemakers; counseling;
3 parent education; day care; emergency assistance and advocacy
4 assessments; respite care; in-home health care;
5 transportation to obtain any of the above services; and
6 medical assistance. Nothing in this paragraph shall be
7 construed to create a private right of action or claim on the
8 part of any individual or child welfare agency.
9 The Department shall provide a preliminary report to the
10 General Assembly no later than January 1, 1991, in regard to
11 the provision of services authorized pursuant to this
12 Section. The report shall include:
13 (a) the number of families and children served, by
14 type of services;
15 (b) the outcome from the provision of such
16 services, including the number of families which remained
17 intact at least 6 months following the termination of
18 services;
19 (c) the number of families which have been subjects
20 of founded reports of abuse following the termination of
21 services;
22 (d) an analysis of general family circumstances in
23 which family preservation services have been determined
24 to be an effective intervention;
25 (e) information regarding the number of families in
26 need of services but unserved due to budget or program
27 criteria guidelines;
28 (f) an estimate of the time necessary for and the
29 annual cost of statewide implementation of such services;
30 (g) an estimate of the length of time before
31 expansion of these services will be made to include
32 families with children over the age of 6; and
33 (h) recommendations regarding any proposed
34 legislative changes to this program.
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1 Each Department field office shall maintain on a local
2 basis directories of services available to children and
3 families in the local area where the Department office is
4 located.
5 The Department shall refer children and families served
6 pursuant to this Section to private agencies and governmental
7 agencies, where available.
8 Where there are 2 equal proposals from both a
9 not-for-profit and a for-profit agency to provide services,
10 the Department shall give preference to the proposal from the
11 not-for-profit agency.
12 No service plan shall compel any child or parent to
13 engage in any activity or refrain from any activity which is
14 not reasonably related to remedying a condition or conditions
15 that gave rise or which could give rise to any finding of
16 child abuse or neglect.
17 (Source: P.A. 89-21, eff. 6-6-95; 89-507, eff. 7-1-97; 90-14,
18 eff. 7-1-97; 90-28, eff. 1-1-98.)