Sen. William R. Haine

Filed: 3/1/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2849

2    AMENDMENT NO. ______. Amend Senate Bill 2849 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    "Blatant disregard" means an incident where the real,
16significant, and imminent risk of harm would be so obvious to a

 

 

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1reasonable parent or caretaker that it is unlikely that a
2reasonable parent or caretaker would have exposed the child to
3the danger without exercising precautionary measures to
4protect the child from harm.
5    "Child" means any person under the age of 18 years, unless
6legally emancipated by reason of marriage or entry into a
7branch of the United States armed services.
8    "Department" means Department of Children and Family
9Services.
10    "Local law enforcement agency" means the police of a city,
11town, village or other incorporated area or the sheriff of an
12unincorporated area or any sworn officer of the Illinois
13Department of State Police.
14    "Abused child" means a child whose parent or immediate
15family member, or any person responsible for the child's
16welfare, or any individual residing in the same home as the
17child, or a paramour of the child's parent:
18        (a) inflicts, causes to be inflicted, or allows to be
19    inflicted upon such child physical injury, by other than
20    accidental means, which causes death, disfigurement,
21    impairment of physical or emotional health, or loss or
22    impairment of any bodily function;
23        (b) creates a substantial risk of physical injury to
24    such child by other than accidental means which would be
25    likely to cause death, disfigurement, impairment of
26    physical or emotional health, or loss or impairment of any

 

 

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1    bodily function;
2        (c) commits or allows to be committed any sex offense
3    against such child, as such sex offenses are defined in the
4    Criminal Code of 1961, as amended, or in the Wrongs to
5    Children Act, and extending those definitions of sex
6    offenses to include children under 18 years of age;
7        (d) commits or allows to be committed an act or acts of
8    torture upon such child;
9        (e) inflicts excessive corporal punishment;
10        (f) commits or allows to be committed the offense of
11    female genital mutilation, as defined in Section 12-34 of
12    the Criminal Code of 1961, against the child;
13        (g) causes to be sold, transferred, distributed, or
14    given to such child under 18 years of age, a controlled
15    substance as defined in Section 102 of the Illinois
16    Controlled Substances Act in violation of Article IV of the
17    Illinois Controlled Substances Act or in violation of the
18    Methamphetamine Control and Community Protection Act,
19    except for controlled substances that are prescribed in
20    accordance with Article III of the Illinois Controlled
21    Substances Act and are dispensed to such child in a manner
22    that substantially complies with the prescription; or
23        (h) commits or allows to be committed the offense of
24    involuntary servitude, involuntary sexual servitude of a
25    minor, or trafficking in persons for forced labor or
26    services as defined in Section 10-9 of the Criminal Code of

 

 

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1    1961 against the child.
2    A child shall not be considered abused for the sole reason
3that the child has been relinquished in accordance with the
4Abandoned Newborn Infant Protection Act.
5    "Neglected child" means any child who is not receiving the
6proper or necessary nourishment or medically indicated
7treatment including food or care not provided solely on the
8basis of the present or anticipated mental or physical
9impairment as determined by a physician acting alone or in
10consultation with other physicians or otherwise is not
11receiving the proper or necessary support or medical or other
12remedial care recognized under State law as necessary for a
13child's well-being, or other care necessary for his or her
14well-being, including adequate food, clothing and shelter; or
15who is subjected to an environment which is injurious insofar
16as (i) the child's environment creates a likelihood of harm to
17the child's health, physical well-being, or welfare and (ii)
18the likely harm to the child is the result of a blatant
19disregard of parent or caretaker responsibilities; or who is
20abandoned by his or her parents or other person responsible for
21the child's welfare without a proper plan of care; or who has
22been provided with interim crisis intervention services under
23Section 3-5 of the Juvenile Court Act of 1987 and whose parent,
24guardian, or custodian refuses to permit the child to return
25home and no other living arrangement agreeable to the parent,
26guardian, or custodian can be made, and the parent, guardian,

 

 

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

 

 

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1Section 7.2 of this Act.
2    "Person responsible for the child's welfare" means the
3child's parent; guardian; foster parent; relative caregiver;
4any person responsible for the child's welfare in a public or
5private residential agency or institution; any person
6responsible for the child's welfare within a public or private
7profit or not for profit child care facility; or any other
8person responsible for the child's welfare at the time of the
9alleged abuse or neglect, or any person who came to know the
10child through an official capacity or position of trust,
11including but not limited to health care professionals,
12educational personnel, recreational supervisors, members of
13the clergy, and volunteers or support personnel in any setting
14where children may be subject to abuse or neglect.
15    "Temporary protective custody" means custody within a
16hospital or other medical facility or a place previously
17designated for such custody by the Department, subject to
18review by the Court, including a licensed foster home, group
19home, or other institution; but such place shall not be a jail
20or other place for the detention of criminal or juvenile
21offenders.
22    "An unfounded report" means any report made under this Act
23for which it is determined after an investigation that no
24credible evidence of abuse or neglect exists.
25    "An indicated report" means a report made under this Act if
26an investigation determines that credible evidence of the

 

 

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1alleged abuse or neglect exists.
2    "An undetermined report" means any report made under this
3Act in which it was not possible to initiate or complete an
4investigation on the basis of information provided to the
5Department.
6    "Subject of report" means any child reported to the central
7register of child abuse and neglect established under Section
87.7 of this Act as an alleged victim of child abuse or neglect
9and the parent or guardian of the alleged victim or other
10person responsible for the alleged victim's welfare who is
11named in the report or added to the report as an alleged
12perpetrator of child abuse or neglect.
13    "Perpetrator" means a person who, as a result of
14investigation, has been determined by the Department to have
15caused child abuse or neglect.
16    "Member of the clergy" means a clergyman or practitioner of
17any religious denomination accredited by the religious body to
18which he or she belongs.
19(Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10;
2096-1464, eff. 8-20-10; 97-333, eff. 8-12-11.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".