Sen. Terry Link

Filed: 3/21/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 391

2    AMENDMENT NO. ______. Amend Senate Bill 391 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Abused and Neglected Child Reporting Act is
5amended 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
8requires:
9    "Adult resident" means any person between 18 and 22 years
10of age who resides in any facility licensed by the Department
11under the Child Care Act of 1969. For purposes of this Act, the
12criteria set forth in the definitions of "abused child" and
13"neglected child" shall be used in determining whether an adult
14resident is abused or neglected.
15    "Agency" means a child care facility licensed under Section
162.05 or Section 2.06 of the Child Care Act of 1969 and includes

 

 

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1a transitional living program that accepts children and adult
2residents for placement who are in the guardianship of the
3Department.
4    "Blatant disregard" means an incident where the real,
5significant, and imminent risk of harm would be so obvious to a
6reasonable parent or caretaker that it is unlikely that a
7reasonable parent or caretaker would have exposed the child to
8the danger without exercising precautionary measures to
9protect the child from harm. With respect to a person working
10at an agency in his or her professional capacity with a child
11or adult resident, "blatant disregard" includes a failure by
12the person to perform job responsibilities intended to protect
13the child's or adult resident's health, physical well-being, or
14welfare, and, when viewed in light of the surrounding
15circumstances, evidence exists that would cause a reasonable
16person to believe that the child was neglected. With respect to
17an agency, "blatant disregard" includes a failure to implement
18practices that ensure the health, physical well-being, or
19welfare of the children and adult residents residing in the
20facility.
21    "Child" means any person under the age of 18 years, unless
22legally emancipated by reason of marriage or entry into a
23branch of the United States armed services.
24    "Department" means Department of Children and Family
25Services.
26    "Local law enforcement agency" means the police of a city,

 

 

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1town, village or other incorporated area or the sheriff of an
2unincorporated area or any sworn officer of the Illinois
3Department of State Police.
4    "Abused child" means a child whose parent or immediate
5family member, or any person responsible for the child's
6welfare, or any individual residing in the same home as the
7child, or a paramour of the child's parent:
8        (a) inflicts, causes to be inflicted, or allows to be
9    inflicted upon such child physical injury, by other than
10    accidental means, which causes death, disfigurement,
11    impairment of physical or emotional health, or loss or
12    impairment of any bodily function;
13        (b) creates a substantial risk of physical injury to
14    such child by other than accidental means which would be
15    likely to cause death, disfigurement, impairment of
16    physical or emotional health, or loss or impairment of any
17    bodily function;
18        (c) commits or allows to be committed any sex offense
19    against such child, as such sex offenses are defined in the
20    Criminal Code of 2012 or in the Wrongs to Children Act, and
21    extending those definitions of sex offenses to include
22    children under 18 years of age;
23        (d) commits or allows to be committed an act or acts of
24    torture upon such child;
25        (e) inflicts excessive corporal punishment or, in the
26    case of a person working for an agency who is prohibited

 

 

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1    from using corporal punishment, inflicts corporal
2    punishment upon a child or adult resident with whom the
3    person is working in his or her professional capacity;
4        (f) commits or allows to be committed the offense of
5    female genital mutilation, as defined in Section 12-34 of
6    the Criminal Code of 2012, against the child;
7        (g) causes to be sold, transferred, distributed, or
8    given to such child under 18 years of age, a controlled
9    substance as defined in Section 102 of the Illinois
10    Controlled Substances Act in violation of Article IV of the
11    Illinois Controlled Substances Act or in violation of the
12    Methamphetamine Control and Community Protection Act,
13    except for controlled substances that are prescribed in
14    accordance with Article III of the Illinois Controlled
15    Substances Act and are dispensed to such child in a manner
16    that substantially complies with the prescription; or
17        (h) commits or allows to be committed the offense of
18    involuntary servitude, involuntary sexual servitude of a
19    minor, or trafficking in persons as defined in Section 10-9
20    of the Criminal Code of 2012 against the child.
21    A child shall not be considered abused for the sole reason
22that the child has been relinquished in accordance with the
23Abandoned Newborn Infant Protection Act.
24    A child shall not be considered abused for the sole reason
25that the child has been diagnosed with or has tested positive
26for Ehlers-Danlos syndrome, or for the sole reason that the

 

 

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1child's parent, sibling, or grandparent has been diagnosed with
2or has tested positive for Ehlers-Danlos syndrome.
3    "Neglected child" means any child who is not receiving the
4proper or necessary nourishment or medically indicated
5treatment including food or care not provided solely on the
6basis of the present or anticipated mental or physical
7impairment as determined by a physician acting alone or in
8consultation with other physicians or otherwise is not
9receiving the proper or necessary support or medical or other
10remedial care recognized under State law as necessary for a
11child's well-being, or other care necessary for his or her
12well-being, including adequate food, clothing and shelter; or
13who is subjected to an environment which is injurious insofar
14as (i) the child's environment creates a likelihood of harm to
15the child's health, physical well-being, or welfare and (ii)
16the likely harm to the child is the result of a blatant
17disregard of parent, caretaker, or agency responsibilities; or
18who is abandoned by his or her parents or other person
19responsible for the child's welfare without a proper plan of
20care; or who has been provided with interim crisis intervention
21services under Section 3-5 of the Juvenile Court Act of 1987
22and whose parent, guardian, or custodian refuses to permit the
23child to return home and no other living arrangement agreeable
24to the parent, guardian, or custodian can be made, and the
25parent, guardian, or custodian has not made any other
26appropriate living arrangement for the child; or who is a

 

 

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1newborn infant whose blood, urine, or meconium contains any
2amount of a controlled substance as defined in subsection (f)
3of Section 102 of the Illinois Controlled Substances Act or a
4metabolite thereof, with the exception of a controlled
5substance or metabolite thereof whose presence in the newborn
6infant is the result of medical treatment administered to the
7mother or the newborn infant. A child shall not be considered
8neglected for the sole reason that the child's parent or other
9person responsible for his or her welfare has left the child in
10the care of an adult relative for any period of time. A child
11shall not be considered neglected for the sole reason that the
12child has been relinquished in accordance with the Abandoned
13Newborn Infant Protection Act. A child shall not be considered
14neglected or abused for the sole reason that such child's
15parent or other person responsible for his or her welfare
16depends upon spiritual means through prayer alone for the
17treatment or cure of disease or remedial care as provided under
18Section 4 of this Act. A child shall not be considered
19neglected or abused solely because the child is not attending
20school in accordance with the requirements of Article 26 of The
21School Code, as amended.
22    "Child Protective Service Unit" means certain specialized
23State employees of the Department assigned by the Director to
24perform the duties and responsibilities as provided under
25Section 7.2 of this Act.
26    "Near fatality" means an act that, as certified by a

 

 

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1physician, places the child in serious or critical condition,
2including acts of great bodily harm inflicted upon children
3under 13 years of age, and as otherwise defined by Department
4rule.
5    "Great bodily harm" includes bodily injury which creates a
6high probability of death, or which causes serious permanent
7disfigurement, or which causes a permanent or protracted loss
8or impairment of the function of any bodily member or organ, or
9other serious bodily harm.
10    "Person responsible for the child's welfare" means the
11child's parent; guardian; foster parent; relative caregiver;
12any person responsible for the child's welfare in a public or
13private residential agency or institution; any person
14responsible for the child's welfare within a public or private
15profit or not for profit child care facility; or any other
16person responsible for the child's welfare at the time of the
17alleged abuse or neglect, including any person that is the
18custodian of a child under 18 years of age who commits or
19allows to be committed, against the child, the offense of
20involuntary servitude, involuntary sexual servitude of a
21minor, or trafficking in persons for forced labor or services,
22as provided in Section 10-9 of the Criminal Code of 2012, or
23any person who came to know the child through an official
24capacity or position of trust, including but not limited to
25health care professionals, educational personnel, recreational
26supervisors, members of the clergy, and volunteers or support

 

 

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1personnel in any setting where children may be subject to abuse
2or neglect.
3    "Temporary protective custody" means custody within a
4hospital or other medical facility or a place previously
5designated for such custody by the Department, subject to
6review by the Court, including a licensed foster home, group
7home, or other institution; but such place shall not be a jail
8or other place for the detention of criminal or juvenile
9offenders.
10    "An unfounded report" means any report made under this Act
11for which it is determined after an investigation that no
12credible evidence of abuse or neglect exists.
13    "An indicated report" means a report made under this Act if
14an investigation determines that credible evidence of the
15alleged abuse or neglect exists.
16    "An undetermined report" means any report made under this
17Act in which it was not possible to initiate or complete an
18investigation on the basis of information provided to the
19Department.
20    "Subject of report" means any child reported to the central
21register of child abuse and neglect established under Section
227.7 of this Act as an alleged victim of child abuse or neglect
23and the parent or guardian of the alleged victim or other
24person responsible for the alleged victim's welfare who is
25named in the report or added to the report as an alleged
26perpetrator of child abuse or neglect.

 

 

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1    "Perpetrator" means a person who, as a result of
2investigation, has been determined by the Department to have
3caused child abuse or neglect.
4    "Member of the clergy" means a clergyman or practitioner of
5any religious denomination accredited by the religious body to
6which he or she belongs.
7(Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".