State of Illinois
91st General Assembly

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]


HB3073 Enrolled                                LRB9110560RCpk

 1        AN ACT in relation to children.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Abused and Neglected Child Reporting Act
 5    is amended by changing Section 3 as follows:

 6        (325 ILCS 5/3) (from Ch. 23, par. 2053)
 7        Sec. 3.  As used in this Act unless the context otherwise
 8    requires:
 9        "Child" means any person  under  the  age  of  18  years,
10    unless  legally  emancipated  by  reason of marriage or entry
11    into a branch of the United States armed services.
12        "Department" means  Department  of  Children  and  Family
13    Services.
14        "Local  law  enforcement  agency"  means  the police of a
15    city, town, village or other incorporated area or the sheriff
16    of an  unincorporated  area  or  any  sworn  officer  of  the
17    Illinois Department of State Police.
18        "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:
22             a.  inflicts, causes to be inflicted, or  allows  to
23        be  inflicted  upon  such child physical injury, by other
24        than accidental means, which causes death, disfigurement,
25        impairment of physical or emotional health,  or  loss  or
26        impairment of any bodily function;
27             b.  creates a substantial risk of physical injury to
28        such  child by other than accidental means which would be
29        likely  to  cause  death,  disfigurement,  impairment  of
30        physical or emotional health, or loss  or  impairment  of
31        any bodily function;
HB3073 Enrolled            -2-                 LRB9110560RCpk
 1             c.  commits  or  allows  to  be  committed  any  sex
 2        offense  against  such  child,  as  such sex offenses are
 3        defined in the Criminal Code of  1961,  as  amended,  and
 4        extending  those  definitions  of sex offenses to include
 5        children under 18 years of age;
 6             d.  commits or allows to be committed an act or acts
 7        of torture upon such child;
 8             e.  inflicts excessive corporal punishment; or
 9             f.  commits or allows to be committed the offense of
10        female genital mutilation, as defined in Section 12-34 of
11        the Criminal Code of 1961, against the child; or.
12             g. causes to be sold, transferred,  distributed,  or
13        given  to  such child under 18 years of age, a controlled
14        substance as defined  in  Section  102  of  the  Illinois
15        Controlled   Substances Act in violation of Article IV of
16        the  Illinois  Controlled  Substances  Act,  except   for
17        controlled  substances  that are prescribed in accordance
18        with Article III of the  Illinois  Controlled  Substances
19        Act  and  are  dispensed  to  such child in a manner that
20        substantially complies with the prescription.
21        "Neglected child" means any child who  is  not  receiving
22    the  proper  or  necessary nourishment or medically indicated
23    treatment including food or care not provided solely  on  the
24    basis  of  the  present  or  anticipated  mental  or physical
25    impairment as determined by a physician acting  alone  or  in
26    consultation  with  other  physicians  or  otherwise  is  not
27    receiving the proper or necessary support or medical or other
28    remedial  care  recognized under State law as necessary for a
29    child's well-being, or other care necessary for  his  or  her
30    well-being, including adequate food, clothing and shelter; or
31    who  is  abandoned  by  his  or  her  parents or other person
32    responsible for the child's welfare without a proper plan  of
33    care;  or  who  is  a  newborn  infant whose blood, urine, or
34    meconium contains any amount of  a  controlled  substance  as
HB3073 Enrolled            -3-                 LRB9110560RCpk
 1    defined  in  subsection  (f)  of  Section 102 of the Illinois
 2    Controlled Substances Act or a metabolite thereof,  with  the
 3    exception  of  a  controlled  substance or metabolite thereof
 4    whose presence in the newborn infant is the result of medical
 5    treatment administered to the mother or the newborn infant. A
 6    child shall not be considered neglected for the  sole  reason
 7    that  the  child's parent or other person responsible for his
 8    or her welfare has left the child in the  care  of  an  adult
 9    relative  for  any  period  of  time.  A  child  shall not be
10    considered neglected or abused for the sole reason that  such
11    child's  parent  or  other  person responsible for his or her
12    welfare depends upon spiritual means through prayer alone for
13    the treatment or cure of disease or remedial care as provided
14    under Section 4 of this Act.  A child shall not be considered
15    neglected or abused solely because the child is not attending
16    school in accordance with the requirements of Article  26  of
17    The School Code, as amended.
18        "Child Protective Service Unit" means certain specialized
19    State employees of the Department assigned by the Director to
20    perform  the  duties  and  responsibilities as provided under
21    Section 7.2 of this Act.
22        "Person responsible for the child's  welfare"  means  the
23    child's  parent; guardian; foster parent; relative caregiver;
24    any person responsible for the child's welfare in a public or
25    private  residential  agency  or  institution;   any   person
26    responsible  for  the  child's  welfare  within  a  public or
27    private profit or not for profit child care facility; or  any
28    other  person responsible for the child's welfare at the time
29    of the alleged abuse or neglect, or any person  who  came  to
30    know  the  child  through an official capacity or position of
31    trust,   including   but   not   limited   to   health   care
32    professionals,    educational     personnel,     recreational
33    supervisors,  and  volunteers  or  support  personnel  in any
34    setting where children may be subject to abuse or neglect.
HB3073 Enrolled            -4-                 LRB9110560RCpk
 1        "Temporary protective custody"  means  custody  within  a
 2    hospital  or  other  medical  facility  or a place previously
 3    designated for such custody by  the  Department,  subject  to
 4    review  by the Court, including a licensed foster home, group
 5    home, or other institution; but such place  shall  not  be  a
 6    jail or other place for the detention of criminal or juvenile
 7    offenders.
 8        "An  unfounded  report"  means any report made under this
 9    Act for which it is determined after an investigation that no
10    credible evidence of abuse or neglect exists.
11        "An indicated report" means a report made under this  Act
12    if  an investigation determines that credible evidence of the
13    alleged abuse or neglect exists.
14        "An undetermined report" means any report made under this
15    Act in which it was not possible to initiate or  complete  an
16    investigation  on  the  basis  of information provided to the
17    Department.
18        "Subject of report"  means  any  child  reported  to  the
19    central register of child abuse and neglect established under
20    Section  7.7  of  this Act and his or her parent, guardian or
21    other person responsible who is also named in the report.
22        "Perpetrator"  means  a  person  who,  as  a  result   of
23    investigation,  has been determined by the Department to have
24    caused child abuse or neglect.
25    (Source: P.A.  89-21,  eff.  7-1-95;  90-239,  eff.  7-28-97;
26    90-684, eff. 7-31-98.)

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