State of Illinois
91st General Assembly
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Public Act 91-0802

HB3073 Enrolled                                LRB9110560RCpk

    AN ACT in relation to children.

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

    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;
         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; or.
         g.  causes  to be sold, transferred, distributed, or
    given to such child under 18 years of age,  a  controlled
    substance  as  defined  in  Section  102  of the Illinois
    Controlled  Substances Act in violation of Article IV  of
    the   Illinois  Controlled  Substances  Act,  except  for
    controlled substances that are prescribed  in  accordance
    with  Article  III  of the Illinois Controlled Substances
    Act and are dispensed to such  child  in  a  manner  that
    substantially complies with the prescription.
    "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;
90-684, eff. 7-31-98.)

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