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Synopsis As Introduced Amends the Criminal Code of 2012. Provides that a grandparent may not be criminally or civilly liable for a violation of the Kidnaping and Related Offenses Article of the Code when the grandparent transports a child to another state for medical care or treatment if the grandparent reasonably believes that: (1) the child needs emergency medical care or treatment because of injury or illness; (2) a medical provider is not located within a short distance from the child's residence in this State; and (3) failure to transport the child to another state will risk further illness or injury to the child. Provides that the Department of Children and Family Services may not place a child described in this provision in its custody or foster care on the basis that the child is transported to another state under circumstances described in this provision.
House Floor Amendment No. 2 Replaces everything after the enacting clause. Amends the Criminal Code of 2012. Provides that a person responsible for the child's welfare may not be criminally or civilly liable for a violation of the Kidnaping and Related Offenses Article of the Code when the person responsible for the child's welfare transports a child to another state for medical care or treatment if the person responsible for the child's welfare reasonably believes that: (1) the child needs emergency medical care or treatment because of injury or illness; (2) the nearest healthcare facility that is capable of rendering sufficient medical care or treatment for that child's emergency medical condition is not in this State; and (3) failure to transport the child to another state will risk further illness or injury to the child. Provides that the Department of Children and Family Services may not place a child described in this provision in its custody or foster care on the basis that the child is transported to another state under circumstances described in this provision. Defines "child" and "person responsible for the child's welfare".
House Floor Amendment No. 3 Provides that the immunity only applies to immunity from criminal liability (rather than immunity from both criminal and civil liability).
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