SB2849 EnrolledLRB097 16744 KTG 61919 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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    "Blatant disregard" means an incident where the real,
16significant, and imminent risk of harm would be so obvious to a
17reasonable parent or caretaker that it is unlikely that a
18reasonable parent or caretaker would have exposed the child to
19the danger without exercising precautionary measures to
20protect the child from harm.
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.

 

 

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1    "Department" means Department of Children and Family
2Services.
3    "Local law enforcement agency" means the police of a city,
4town, village or other incorporated area or the sheriff of an
5unincorporated area or any sworn officer of the Illinois
6Department of State Police.
7    "Abused child" means a child whose parent or immediate
8family member, or any person responsible for the child's
9welfare, or any individual residing in the same home as the
10child, or a paramour of the child's parent:
11        (a) inflicts, causes to be inflicted, or allows to be
12    inflicted upon such child physical injury, by other than
13    accidental means, which causes death, disfigurement,
14    impairment of physical or emotional health, or loss or
15    impairment of any bodily function;
16        (b) creates a substantial risk of physical injury to
17    such child by other than accidental means which would be
18    likely to cause death, disfigurement, impairment of
19    physical or emotional health, or loss or impairment of any
20    bodily function;
21        (c) commits or allows to be committed any sex offense
22    against such child, as such sex offenses are defined in the
23    Criminal Code of 1961, as amended, or in the Wrongs to
24    Children Act, and extending those definitions of sex
25    offenses to include children under 18 years of age;
26        (d) commits or allows to be committed an act or acts of

 

 

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1    torture upon such child;
2        (e) inflicts excessive corporal punishment;
3        (f) commits or allows to be committed the offense of
4    female genital mutilation, as defined in Section 12-34 of
5    the Criminal Code of 1961, against the child;
6        (g) causes to be sold, transferred, distributed, or
7    given to such child under 18 years of age, a controlled
8    substance as defined in Section 102 of the Illinois
9    Controlled Substances Act in violation of Article IV of the
10    Illinois Controlled Substances Act or in violation of the
11    Methamphetamine Control and Community Protection Act,
12    except for controlled substances that are prescribed in
13    accordance with Article III of the Illinois Controlled
14    Substances Act and are dispensed to such child in a manner
15    that substantially complies with the prescription; or
16        (h) commits or allows to be committed the offense of
17    involuntary servitude, involuntary sexual servitude of a
18    minor, or trafficking in persons for forced labor or
19    services as defined in Section 10-9 of the Criminal Code of
20    1961 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    "Neglected child" means any child who is not receiving the
25proper or necessary nourishment or medically indicated
26treatment including food or care not provided solely on the

 

 

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1basis of the present or anticipated mental or physical
2impairment as determined by a physician acting alone or in
3consultation with other physicians or otherwise is not
4receiving the proper or necessary support or medical or other
5remedial care recognized under State law as necessary for a
6child's well-being, or other care necessary for his or her
7well-being, including adequate food, clothing and shelter; or
8who is subjected to an environment which is injurious insofar
9as (i) the child's environment creates a likelihood of harm to
10the child's health, physical well-being, or welfare and (ii)
11the likely harm to the child is the result of a blatant
12disregard of parent or caretaker responsibilities; or who is
13abandoned by his or her parents or other person responsible for
14the child's welfare without a proper plan of care; or who has
15been provided with interim crisis intervention services under
16Section 3-5 of the Juvenile Court Act of 1987 and whose parent,
17guardian, or custodian refuses to permit the child to return
18home and no other living arrangement agreeable to the parent,
19guardian, or custodian can be made, and the parent, guardian,
20or custodian has not made any other appropriate living
21arrangement for the child; or who is a newborn infant whose
22blood, urine, or meconium contains any amount of a controlled
23substance as defined in subsection (f) of Section 102 of the
24Illinois Controlled Substances Act or a metabolite thereof,
25with the exception of a controlled substance or metabolite
26thereof whose presence in the newborn infant is the result of

 

 

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1medical treatment administered to the mother or the newborn
2infant. A child shall not be considered neglected for the sole
3reason that the child's parent or other person responsible for
4his or her welfare has left the child in the care of an adult
5relative for any period of time. A child shall not be
6considered neglected for the sole reason that the child has
7been relinquished in accordance with the Abandoned Newborn
8Infant Protection Act. A child shall not be considered
9neglected or abused for the sole reason that such child's
10parent or other person responsible for his or her welfare
11depends upon spiritual means through prayer alone for the
12treatment or cure of disease or remedial care as provided under
13Section 4 of this Act. A child shall not be considered
14neglected or abused solely because the child is not attending
15school in accordance with the requirements of Article 26 of The
16School Code, as amended.
17    "Child Protective Service Unit" means certain specialized
18State employees of the Department assigned by the Director to
19perform the duties and responsibilities as provided under
20Section 7.2 of this Act.
21    "Person responsible for the child's welfare" means the
22child's parent; guardian; foster parent; relative caregiver;
23any person responsible for the child's welfare in a public or
24private residential agency or institution; any person
25responsible for the child's welfare within a public or private
26profit or not for profit child care facility; or any other

 

 

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1person responsible for the child's welfare at the time of the
2alleged abuse or neglect, or any person who came to know the
3child through an official capacity or position of trust,
4including but not limited to health care professionals,
5educational personnel, recreational supervisors, members of
6the clergy, and volunteers or support personnel in any setting
7where children may be subject to abuse or neglect.
8    "Temporary protective custody" means custody within a
9hospital or other medical facility or a place previously
10designated for such custody by the Department, subject to
11review by the Court, including a licensed foster home, group
12home, or other institution; but such place shall not be a jail
13or other place for the detention of criminal or juvenile
14offenders.
15    "An unfounded report" means any report made under this Act
16for which it is determined after an investigation that no
17credible evidence of abuse or neglect exists.
18    "An indicated report" means a report made under this Act if
19an investigation determines that credible evidence of the
20alleged abuse or neglect exists.
21    "An undetermined report" means any report made under this
22Act in which it was not possible to initiate or complete an
23investigation on the basis of information provided to the
24Department.
25    "Subject of report" means any child reported to the central
26register of child abuse and neglect established under Section

 

 

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17.7 of this Act as an alleged victim of child abuse or neglect
2and the parent or guardian of the alleged victim or other
3person responsible for the alleged victim's welfare who is
4named in the report or added to the report as an alleged
5perpetrator of child abuse or neglect.
6    "Perpetrator" means a person who, as a result of
7investigation, has been determined by the Department to have
8caused child abuse or neglect.
9    "Member of the clergy" means a clergyman or practitioner of
10any religious denomination accredited by the religious body to
11which he or she belongs.
12(Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10;
1396-1464, eff. 8-20-10; 97-333, eff. 8-12-11.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.