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90_SB0735
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.
Defines "community support systems" as the support that may
be organized through extended family members, friends,
neighbors, religious organizations, community programs,
cultural and ethnic organizations, or other support groups or
organizations. Provides that the service plan developed by
the Department of Children and Family Services for a family
whose child is found to be abused or neglected may include
development and maintenance of community support systems.
Effective immediately.
LRB9002078SMdv
LRB9002078SMdv
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 or urine
23 contains any amount of a controlled substance as defined in
24 subsection (f) of Section 102 of the Illinois Controlled
25 Substances Act or a metabolite thereof, with the exception of
26 a controlled substance or metabolite thereof whose presence
27 in the newborn infant is the result of medical treatment
28 administered to the mother or the newborn infant. A child
29 shall not be considered neglected for the sole reason that
30 the child's parent or other person responsible for his or her
31 welfare has left the child in the care of an adult relative
32 for any period of time. A child shall not be considered
33 neglected or abused for the sole reason that such child's
34 parent or other person responsible for his or her welfare
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1 depends upon spiritual means through prayer alone for the
2 treatment or cure of disease or remedial care as provided
3 under Section 4 of this Act. A child shall not be considered
4 neglected or abused solely because the child is not attending
5 school in accordance with the requirements of Article 26 of
6 The School Code, as amended.
7 "Child Protective Service Unit" means certain specialized
8 State employees of the Department assigned by the Director to
9 perform the duties and responsibilities as provided under
10 Section 7.2 of this Act.
11 "Person responsible for the child's welfare" means the
12 child's parent; guardian; foster parent; relative caregiver;
13 any person responsible for the child's welfare in a public or
14 private residential agency or institution; any person
15 responsible for the child's welfare within a public or
16 private profit or not for profit child care facility; or any
17 other person responsible for the child's welfare at the time
18 of the alleged abuse or neglect, or any person who came to
19 know the child through an official capacity or position of
20 trust, including but not limited to health care
21 professionals, educational personnel, recreational
22 supervisors, and volunteers or support personnel in any
23 setting where children may be subject to abuse or neglect.
24 "Temporary protective custody" means custody within a
25 hospital or other medical facility or a place previously
26 designated for such custody by the Department, subject to
27 review by the Court, including a licensed foster home, group
28 home, or other institution; but such place shall not be a
29 jail or other place for the detention of criminal or juvenile
30 offenders.
31 "An unfounded report" means any report made under this
32 Act for which it is determined after an investigation that no
33 credible evidence of abuse or neglect exists.
34 "An indicated report" means a report made under this Act
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1 if an investigation determines that credible evidence of the
2 alleged abuse or neglect exists.
3 "An undetermined report" means any report made under this
4 Act in which it was not possible to initiate or complete an
5 investigation on the basis of information provided to the
6 Department.
7 "Subject of report" means any child reported to the
8 central register of child abuse and neglect established under
9 Section 7.7 of this Act and his or her parent, guardian or
10 other person responsible who is also named in the report.
11 "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.
14 "Community support systems" means the support that may be
15 organized through extended family members, friends,
16 neighbors, religious organizations, community programs,
17 cultural and ethnic organizations, or other support groups or
18 organizations.
19 (Source: P.A. 88-85; 89-21, eff. 7-1-95.)
20 (325 ILCS 5/8.2) (from Ch. 23, par. 2058.2)
21 (Text of Section before amendment by P.A. 89-507)
22 Sec. 8.2. If the Child Protective Service Unit
23 determines, following an investigation made pursuant to
24 Section 7.4 of this Act, that there is credible evidence that
25 the child is abused or neglected, the Department shall assess
26 the family's need for services, and, as necessary, develop,
27 with the family, an appropriate service plan for the family's
28 voluntary acceptance or refusal. In any case where there is
29 evidence that the perpetrator of the abuse or neglect is an
30 addict or alcoholic as defined in the Alcoholism and Other
31 Drug Abuse and Dependency Act, the Department, when making
32 referrals for drug or alcohol abuse services, shall make such
33 referrals to facilities licensed by the Department of
-5- LRB9002078SMdv
1 Alcoholism and Substance Abuse or the Department of Public
2 Health. The Department shall comply with Section 8.1 by
3 explaining its lack of legal authority to compel the
4 acceptance of services and may explain its noncommitant
5 authority to petition the Circuit court under the Juvenile
6 Court Act of 1987 or refer the case to the local law
7 enforcement authority or State's attorney for criminal
8 prosecution.
9 For purposes of this Act, the term "family preservation
10 services" refers to all services to prevent the placement of
11 children in substitute care, to reunite them with their
12 families if so placed and if reunification is an appropriate
13 goal, or to maintain an adoptive placement. The term
14 "homemaker" includes emergency caretakers, homemakers,
15 caretakers, housekeepers and chore services. The term
16 "counseling" includes individual therapy, infant stimulation
17 therapy, family therapy, group therapy, self-help groups,
18 drug and alcohol abuse counseling, vocational counseling and
19 post-adoptive services. The term "day care" includes
20 protective day care and day care to meet educational,
21 prevocational or vocational needs. The term "emergency
22 assistance and advocacy" includes coordinated services to
23 secure emergency cash, food, housing and medical assistance
24 or advocacy for other subsistence and family protective
25 needs.
26 Before July 1, 2000, appropriate family preservation
27 services shall, subject to appropriation, be included in the
28 service plan if the Department has determined that those
29 services are in the child's best interests and when the child
30 will not be in imminent risk of harm. Beginning July 1,
31 2000, appropriate family preservation services shall be
32 uniformly available throughout the State. The Department
33 shall promptly notify children and families of the
34 Department's responsibility to offer and provide family
-6- LRB9002078SMdv
1 preservation services as identified in the service plan.
2 Such plans may include but are not limited to: case
3 management services; homemakers; counseling; parent
4 education; day care; emergency assistance and advocacy
5 assessments; respite care; in-home health care; development
6 and maintenance of community support systems; transportation
7 to obtain any of the above services; and medical assistance.
8 Nothing in this paragraph shall be construed to create a
9 private right of action or claim on the part of any
10 individual or child welfare agency.
11 The Department shall provide a preliminary report to the
12 General Assembly no later than January 1, 1991, in regard to
13 the provision of services authorized pursuant to this
14 Section. The report shall include:
15 (a) the number of families and children served, by
16 type of services;
17 (b) the outcome from the provision of such
18 services, including the number of families which remained
19 intact at least 6 months following the termination of
20 services;
21 (c) the number of families which have been subjects
22 of founded reports of abuse following the termination of
23 services;
24 (d) an analysis of general family circumstances in
25 which family preservation services have been determined
26 to be an effective intervention;
27 (e) information regarding the number of families in
28 need of services but unserved due to budget or program
29 criteria guidelines;
30 (f) an estimate of the time necessary for and the
31 annual cost of statewide implementation of such services;
32 (g) an estimate of the length of time before
33 expansion of these services will be made to include
34 families with children over the age of 6; and
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1 (h) recommendations regarding any proposed
2 legislative changes to this program.
3 Each Department field office shall maintain on a local
4 basis directories of services available to children and
5 families in the local area where the Department office is
6 located.
7 The Department shall refer children and families served
8 pursuant to this Section to private agencies and governmental
9 agencies, where available.
10 Where there are 2 equal proposals from both a
11 not-for-profit and a for-profit agency to provide services,
12 the Department shall give preference to the proposal from the
13 not-for-profit agency.
14 No service plan shall compel any child or parent to
15 engage in any activity or refrain from any activity which is
16 not reasonably related to remedying a condition or conditions
17 that gave rise or which could give rise to any finding of
18 child abuse or neglect.
19 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-6-95.)
20 (Text of Section after amendment by P.A. 89-507)
21 Sec. 8.2. If the Child Protective Service Unit
22 determines, following an investigation made pursuant to
23 Section 7.4 of this Act, that there is credible evidence that
24 the child is abused or neglected, the Department shall assess
25 the family's need for services, and, as necessary, develop,
26 with the family, an appropriate service plan for the family's
27 voluntary acceptance or refusal. In any case where there is
28 evidence that the perpetrator of the abuse or neglect is an
29 addict or alcoholic as defined in the Alcoholism and Other
30 Drug Abuse and Dependency Act, the Department, when making
31 referrals for drug or alcohol abuse services, shall make such
32 referrals to facilities licensed by the Department of Human
33 Services or the Department of Public Health. The Department
34 shall comply with Section 8.1 by explaining its lack of legal
-8- LRB9002078SMdv
1 authority to compel the acceptance of services and may
2 explain its noncommitant authority to petition the Circuit
3 court under the Juvenile Court Act of 1987 or refer the case
4 to the local law enforcement authority or State's attorney
5 for criminal prosecution.
6 For purposes of this Act, the term "family preservation
7 services" refers to all services to prevent the placement of
8 children in substitute care, to reunite them with their
9 families if so placed and if reunification is an appropriate
10 goal, or to maintain an adoptive placement. The term
11 "homemaker" includes emergency caretakers, homemakers,
12 caretakers, housekeepers and chore services. The term
13 "counseling" includes individual therapy, infant stimulation
14 therapy, family therapy, group therapy, self-help groups,
15 drug and alcohol abuse counseling, vocational counseling and
16 post-adoptive services. The term "day care" includes
17 protective day care and day care to meet educational,
18 prevocational or vocational needs. The term "emergency
19 assistance and advocacy" includes coordinated services to
20 secure emergency cash, food, housing and medical assistance
21 or advocacy for other subsistence and family protective
22 needs.
23 Before July 1, 2000, appropriate family preservation
24 services shall, subject to appropriation, be included in the
25 service plan if the Department has determined that those
26 services are in the child's best interests and when the child
27 will not be in imminent risk of harm. Beginning July 1,
28 2000, appropriate family preservation services shall be
29 uniformly available throughout the State. The Department
30 shall promptly notify children and families of the
31 Department's responsibility to offer and provide family
32 preservation services as identified in the service plan.
33 Such plans may include but are not limited to: case
34 management services; homemakers; counseling; parent
-9- LRB9002078SMdv
1 education; day care; emergency assistance and advocacy
2 assessments; respite care; in-home health care; development
3 and maintenance of community support systems; transportation
4 to obtain any of the above services; and medical assistance.
5 Nothing in this paragraph shall be construed to create a
6 private right of action or claim on the part of any
7 individual or child welfare agency.
8 The Department shall provide a preliminary report to the
9 General Assembly no later than January 1, 1991, in regard to
10 the provision of services authorized pursuant to this
11 Section. The report shall include:
12 (a) the number of families and children served, by
13 type of services;
14 (b) the outcome from the provision of such
15 services, including the number of families which remained
16 intact at least 6 months following the termination of
17 services;
18 (c) the number of families which have been subjects
19 of founded reports of abuse following the termination of
20 services;
21 (d) an analysis of general family circumstances in
22 which family preservation services have been determined
23 to be an effective intervention;
24 (e) information regarding the number of families in
25 need of services but unserved due to budget or program
26 criteria guidelines;
27 (f) an estimate of the time necessary for and the
28 annual cost of statewide implementation of such services;
29 (g) an estimate of the length of time before
30 expansion of these services will be made to include
31 families with children over the age of 6; and
32 (h) recommendations regarding any proposed
33 legislative changes to this program.
34 Each Department field office shall maintain on a local
-10- LRB9002078SMdv
1 basis directories of services available to children and
2 families in the local area where the Department office is
3 located.
4 The Department shall refer children and families served
5 pursuant to this Section to private agencies and governmental
6 agencies, where available.
7 Where there are 2 equal proposals from both a
8 not-for-profit and a for-profit agency to provide services,
9 the Department shall give preference to the proposal from the
10 not-for-profit agency.
11 No service plan shall compel any child or parent to
12 engage in any activity or refrain from any activity which is
13 not reasonably related to remedying a condition or conditions
14 that gave rise or which could give rise to any finding of
15 child abuse or neglect.
16 (Source: P.A. 88-670, eff. 12-2-94; 89-21, eff. 6-6-95;
17 89-507, eff. 7-1-97.)
18 Section 95. No acceleration or delay. Where this Act
19 makes changes in a statute that is represented in this Act by
20 text that is not yet or no longer in effect (for example, a
21 Section represented by multiple versions), the use of that
22 text does not accelerate or delay the taking effect of (i)
23 the changes made by this Act or (ii) provisions derived from
24 any other Public Act.
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.