103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1087

 

Introduced 1/12/2023, by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/2-3  from Ch. 37, par. 802-3

    Amends the Juvenile Court Act of 1987. Provides that a minor shall not be considered abused, neglected, or dependent solely because the parent or parents of the minor or other person or persons responsible for the minor's welfare repeatedly used a controlled substance.


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A BILL FOR

 

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1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 2-3 as follows:
 
6    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
7    Sec. 2-3. Neglected or abused minor.
8    (1) Those who are neglected include:
9        (a) any minor under 18 years of age or a minor 18 years
10    of age or older for whom the court has made a finding of
11    probable cause to believe that the minor is abused,
12    neglected, or dependent under subsection (1) of Section
13    2-10 prior to the minor's 18th birthday who is not
14    receiving the proper or necessary support, education as
15    required by law, or medical or other remedial care
16    recognized under State law as necessary for a minor's
17    well-being, or other care necessary for his or her
18    well-being, including adequate food, clothing and shelter,
19    or who is abandoned by his or her parent or parents or
20    other person or persons responsible for the minor's
21    welfare, except that a minor shall not be considered
22    neglected for the sole reason that the minor's parent or
23    parents or other person or persons responsible for the

 

 

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1    minor's welfare have left the minor in the care of an adult
2    relative for any period of time, who the parent or parents
3    or other person responsible for the minor's welfare know
4    is both a mentally capable adult relative and physically
5    capable adult relative, as defined by this Act; or
6        (b) any minor under 18 years of age or a minor 18 years
7    of age or older for whom the court has made a finding of
8    probable cause to believe that the minor is abused,
9    neglected, or dependent under subsection (1) of Section
10    2-10 prior to the minor's 18th birthday whose environment
11    is injurious to his or her welfare; except that a minor
12    shall not be considered abused, neglected, or dependent
13    solely because the parent or parents of the minor or other
14    person or persons responsible for the minor's welfare
15    repeatedly used a controlled substance as defined in
16    subsection (f) of Section 102 of the Illinois Controlled
17    Substances Act, or a metabolite of a controlled substance;
18    or
19        (c) any newborn infant whose blood, urine, or meconium
20    contains any amount of a controlled substance as defined
21    in subsection (f) of Section 102 of the Illinois
22    Controlled Substances Act, as now or hereafter amended, or
23    a metabolite of a controlled substance, with the exception
24    of controlled substances or metabolites of such
25    substances, the presence of which in the newborn infant is
26    the result of medical treatment administered to the mother

 

 

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1    or the newborn infant; or
2        (d) any minor under the age of 14 years whose parent or
3    other person responsible for the minor's welfare leaves
4    the minor without supervision for an unreasonable period
5    of time without regard for the mental or physical health,
6    safety, or welfare of that minor; or
7        (e) any minor who has been provided with interim
8    crisis intervention services under Section 3-5 of this Act
9    and whose parent, guardian, or custodian refuses to permit
10    the minor to return home unless the minor is an immediate
11    physical danger to himself, herself, or others living in
12    the home.
13    Whether the minor was left without regard for the mental
14or physical health, safety, or welfare of that minor or the
15period of time was unreasonable shall be determined by
16considering the following factors, including but not limited
17to:
18        (1) the age of the minor;
19        (2) the number of minors left at the location;
20        (3) special needs of the minor, including whether the
21    minor is a person with a physical or mental disability, or
22    otherwise in need of ongoing prescribed medical treatment
23    such as periodic doses of insulin or other medications;
24        (4) the duration of time in which the minor was left
25    without supervision;
26        (5) the condition and location of the place where the

 

 

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1    minor was left without supervision;
2        (6) the time of day or night when the minor was left
3    without supervision;
4        (7) the weather conditions, including whether the
5    minor was left in a location with adequate protection from
6    the natural elements such as adequate heat or light;
7        (8) the location of the parent or guardian at the time
8    the minor was left without supervision, the physical
9    distance the minor was from the parent or guardian at the
10    time the minor was without supervision;
11        (9) whether the minor's movement was restricted, or
12    the minor was otherwise locked within a room or other
13    structure;
14        (10) whether the minor was given a phone number of a
15    person or location to call in the event of an emergency and
16    whether the minor was capable of making an emergency call;
17        (11) whether there was food and other provision left
18    for the minor;
19        (12) whether any of the conduct is attributable to
20    economic hardship or illness and the parent, guardian or
21    other person having physical custody or control of the
22    child made a good faith effort to provide for the health
23    and safety of the minor;
24        (13) the age and physical and mental capabilities of
25    the person or persons who provided supervision for the
26    minor;

 

 

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1        (14) whether the minor was left under the supervision
2    of another person;
3        (15) any other factor that would endanger the health
4    and safety of that particular minor.
5    A minor shall not be considered neglected for the sole
6reason that the minor has been relinquished in accordance with
7the Abandoned Newborn Infant Protection Act.
8    (2) Those who are abused include any minor under 18 years
9of age or a minor 18 years of age or older for whom the court
10has made a finding of probable cause to believe that the minor
11is abused, neglected, or dependent under subsection (1) of
12Section 2-10 prior to the minor's 18th birthday whose parent
13or immediate family member, or any person responsible for the
14minor's welfare, or any person who is in the same family or
15household as the minor, or any individual residing in the same
16home as the minor, or a paramour of the minor's parent:
17        (i) inflicts, causes to be inflicted, or allows to be
18    inflicted upon such minor physical injury, by other than
19    accidental means, which causes death, disfigurement,
20    impairment of physical or emotional health, or loss or
21    impairment of any bodily function;
22        (ii) creates a substantial risk of physical injury to
23    such minor by other than accidental means which would be
24    likely to cause death, disfigurement, impairment of
25    emotional health, or loss or impairment of any bodily
26    function;

 

 

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1        (iii) commits or allows to be committed any sex
2    offense against such minor, as such sex offenses are
3    defined in the Criminal Code of 1961 or the Criminal Code
4    of 2012, or in the Wrongs to Children Act, and extending
5    those definitions of sex offenses to include minors under
6    18 years of age;
7        (iv) commits or allows to be committed an act or acts
8    of torture upon such minor;
9        (v) inflicts excessive corporal punishment;
10        (vi) commits or allows to be committed the offense of
11    involuntary servitude, involuntary sexual servitude of a
12    minor, or trafficking in persons as defined in Section
13    10-9 of the Criminal Code of 1961 or the Criminal Code of
14    2012, upon such minor; or
15        (vii) allows, encourages or requires a minor to commit
16    any act of prostitution, as defined in the Criminal Code
17    of 1961 or the Criminal Code of 2012, and extending those
18    definitions to include minors under 18 years of age.
19    A minor shall not be considered abused for the sole reason
20that the minor has been relinquished in accordance with the
21Abandoned Newborn Infant Protection Act.
22    (3) This Section does not apply to a minor who would be
23included herein solely for the purpose of qualifying for
24financial assistance for himself, his parents, guardian or
25custodian.
26    (4) The changes made by this amendatory Act of the 101st

 

 

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1General Assembly apply to a case that is pending on or after
2the effective date of this amendatory Act of the 101st General
3Assembly.
4(Source: P.A. 101-79, eff. 7-12-19.)