Illinois General Assembly - Full Text of HB5835
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Full Text of HB5835  102nd General Assembly

HB5835 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5835

 

Introduced 11/16/2022, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
325 ILCS 5/3  from Ch. 23, par. 2053
325 ILCS 5/4.4 rep.
705 ILCS 405/2-3  from Ch. 37, par. 802-3

    Amends the Abused and Neglected Child Reporting Act. Removes from the definition of "neglected child" a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance. Removes a provision requiring the Department of Children and Family Services to report to the State's Attorney whenever the Department receives a report that a newborn infant's blood contains a controlled substance. Amends the Juvenile Court Act of 1987. Removes a provision permitting a court to base a neglect finding on the presence of a controlled substance in the blood, urine, or meconium of a newborn infant. Effective immediately.


LRB102 29494 KTG 41504 b

 

 

A BILL FOR

 

HB5835LRB102 29494 KTG 41504 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
14adult resident is abused or neglected.
15    "Agency" means a child care facility licensed under
16Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
17includes a transitional living program that accepts children
18and adult residents for placement who are in the guardianship
19of the Department.
20    "Blatant disregard" means an incident where the real,
21significant, and imminent risk of harm would be so obvious to a
22reasonable parent or caretaker that it is unlikely that a
23reasonable parent or caretaker would have exposed the child to

 

 

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1the danger without exercising precautionary measures to
2protect the child from harm. With respect to a person working
3at an agency in his or her professional capacity with a child
4or adult resident, "blatant disregard" includes a failure by
5the person to perform job responsibilities intended to protect
6the child's or adult resident's health, physical well-being,
7or welfare, and, when viewed in light of the surrounding
8circumstances, evidence exists that would cause a reasonable
9person to believe that the child was neglected. With respect
10to an agency, "blatant disregard" includes a failure to
11implement practices that ensure the health, physical
12well-being, or welfare of the children and adult residents
13residing in the facility.
14    "Child" means any person under the age of 18 years, unless
15legally emancipated by reason of marriage or entry into a
16branch of the United States armed services.
17    "Department" means Department of Children and Family
18Services.
19    "Local law enforcement agency" means the police of a city,
20town, village or other incorporated area or the sheriff of an
21unincorporated area or any sworn officer of the Illinois State
22Police.
23    "Abused child" means a child whose parent or immediate
24family member, or any person responsible for the child's
25welfare, or any individual residing in the same home as the
26child, or a paramour of the child's parent:

 

 

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1        (a) inflicts, causes to be inflicted, or allows to be
2    inflicted upon such child physical injury, by other than
3    accidental means, which causes death, disfigurement,
4    impairment of physical or emotional health, or loss or
5    impairment of any bodily function;
6        (b) creates a substantial risk of physical injury to
7    such child by other than accidental means which would be
8    likely to cause death, disfigurement, impairment of
9    physical or emotional health, or loss or impairment of any
10    bodily function;
11        (c) commits or allows to be committed any sex offense
12    against such child, as such sex offenses are defined in
13    the Criminal Code of 2012 or in the Wrongs to Children Act,
14    and extending those definitions of sex offenses to include
15    children under 18 years of age;
16        (d) commits or allows to be committed an act or acts of
17    torture upon such child;
18        (e) inflicts excessive corporal punishment or, in the
19    case of a person working for an agency who is prohibited
20    from using corporal punishment, inflicts corporal
21    punishment upon a child or adult resident with whom the
22    person is working in his or her professional capacity;
23        (f) commits or allows to be committed the offense of
24    female genital mutilation, as defined in Section 12-34 of
25    the Criminal Code of 2012, against the child;
26        (g) causes to be sold, transferred, distributed, or

 

 

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1    given to such child under 18 years of age, a controlled
2    substance as defined in Section 102 of the Illinois
3    Controlled Substances Act in violation of Article IV of
4    the Illinois Controlled Substances Act or in violation of
5    the Methamphetamine Control and Community Protection Act,
6    except for controlled substances that are prescribed in
7    accordance with Article III of the Illinois Controlled
8    Substances Act and are dispensed to such child in a manner
9    that substantially complies with the prescription;
10        (h) 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 2012 against the child; or
14        (i) commits the offense of grooming, as defined in
15    Section 11-25 of the Criminal Code of 2012, against the
16    child.
17    A child shall not be considered abused for the sole reason
18that the child has been relinquished in accordance with the
19Abandoned Newborn Infant Protection Act.
20    "Neglected child" means any child who is not receiving the
21proper or necessary nourishment or medically indicated
22treatment including food or care not provided solely on the
23basis of the present or anticipated mental or physical
24impairment as determined by a physician acting alone or in
25consultation with other physicians or otherwise is not
26receiving the proper or necessary support or medical or other

 

 

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1remedial care recognized under State law as necessary for a
2child's well-being, or other care necessary for his or her
3well-being, including adequate food, clothing and shelter; or
4who is subjected to an environment which is injurious insofar
5as (i) the child's environment creates a likelihood of harm to
6the child's health, physical well-being, or welfare and (ii)
7the likely harm to the child is the result of a blatant
8disregard of parent, caretaker, person responsible for the
9child's welfare, or agency responsibilities; or who is
10abandoned by his or her parents or other person responsible
11for the child's welfare without a proper plan of care; or who
12has been provided with interim crisis intervention services
13under Section 3-5 of the Juvenile Court Act of 1987 and whose
14parent, guardian, or custodian refuses to permit the child to
15return home and no other living arrangement agreeable to the
16parent, guardian, or custodian can be made, and the parent,
17guardian, or custodian has not made any other appropriate
18living arrangement for the child; or who is a newborn infant
19whose blood, urine, or meconium contains any amount of a
20controlled substance as defined in subsection (f) of Section
21102 of the Illinois Controlled Substances Act or a metabolite
22thereof, with the exception of a controlled substance or
23metabolite thereof whose presence in the newborn infant is the
24result of medical treatment administered to the mother or the
25newborn infant. A child shall not be considered neglected for
26the sole reason that the child's parent or other person

 

 

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1responsible for his or her welfare has left the child in the
2care of an adult relative for any period of time. A child shall
3not be considered neglected for the sole reason that the child
4has been relinquished in accordance with the Abandoned Newborn
5Infant Protection Act. A child shall not be considered
6neglected or abused for the sole reason that such child's
7parent or other person responsible for his or her welfare
8depends upon spiritual means through prayer alone for the
9treatment or cure of disease or remedial care as provided
10under Section 4 of this Act. A child shall not be considered
11neglected or abused solely because the child is not attending
12school in accordance with the requirements of Article 26 of
13The School Code, as amended.
14    "Child Protective Service Unit" means certain specialized
15State employees of the Department assigned by the Director to
16perform the duties and responsibilities as provided under
17Section 7.2 of this Act.
18    "Near fatality" means an act that, as certified by a
19physician, places the child in serious or critical condition,
20including acts of great bodily harm inflicted upon children
21under 13 years of age, and as otherwise defined by Department
22rule.
23    "Great bodily harm" includes bodily injury which creates a
24high probability of death, or which causes serious permanent
25disfigurement, or which causes a permanent or protracted loss
26or impairment of the function of any bodily member or organ, or

 

 

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1other serious bodily harm.
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, including any person who commits or
10allows to be committed, against the child, the offense of
11involuntary servitude, involuntary sexual servitude of a
12minor, or trafficking in persons for forced labor or services,
13as provided in Section 10-9 of the Criminal Code of 2012,
14including, but not limited to, the custodian of the minor, or
15any person who came to know the child through an official
16capacity or position of trust, including, but not limited to,
17health care professionals, educational personnel, recreational
18supervisors, members of the clergy, and volunteers or support
19personnel in any setting where children may be subject to
20abuse or neglect.
21    "Temporary protective custody" means custody within a
22hospital or other medical facility or a place previously
23designated for such custody by the Department, subject to
24review by the Court, including a licensed foster home, group
25home, or other institution; but such place shall not be a jail
26or other place for the detention of criminal or juvenile

 

 

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1offenders.
2    "An unfounded report" means any report made under this Act
3for which it is determined after an investigation that no
4credible evidence of abuse or neglect exists.
5    "An indicated report" means a report made under this Act
6if an investigation determines that credible evidence of the
7alleged abuse or neglect exists.
8    "An undetermined report" means any report made under this
9Act in which it was not possible to initiate or complete an
10investigation on the basis of information provided to the
11Department.
12    "Subject of report" means any child reported to the
13central register of child abuse and neglect established under
14Section 7.7 of this Act as an alleged victim of child abuse or
15neglect and the parent or guardian of the alleged victim or
16other person responsible for the alleged victim's welfare who
17is named in the report or added to the report as an alleged
18perpetrator of child abuse or neglect.
19    "Perpetrator" means a person who, as a result of
20investigation, has been determined by the Department to have
21caused child abuse or neglect.
22    "Member of the clergy" means a clergyman or practitioner
23of any religious denomination accredited by the religious body
24to which he or she belongs.
25(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
26102-813, eff. 5-13-22.)
 

 

 

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1    (325 ILCS 5/4.4 rep.)
2    Section 10. The Abused and Neglected Child Reporting Act
3is amended by repealing Section 4.4.
 
4    Section 15. 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; or
12        (c) (blank) any newborn infant whose blood, urine, or
13    meconium contains any amount of a controlled substance as
14    defined in subsection (f) of Section 102 of the Illinois
15    Controlled Substances Act, as now or hereafter amended, or
16    a metabolite of a controlled substance, with the exception
17    of controlled substances or metabolites of such
18    substances, the presence of which in the newborn infant is
19    the result of medical treatment administered to the mother
20    or the newborn infant; or
21        (d) any minor under the age of 14 years whose parent or
22    other person responsible for the minor's welfare leaves
23    the minor without supervision for an unreasonable period
24    of time without regard for the mental or physical health,
25    safety, or welfare of that minor; or
26        (e) any minor who has been provided with interim

 

 

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

 

 

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1    the minor was left without supervision, the physical
2    distance the minor was from the parent or guardian at the
3    time the minor was without supervision;
4        (9) whether the minor's movement was restricted, or
5    the minor was otherwise locked within a room or other
6    structure;
7        (10) whether the minor was given a phone number of a
8    person or location to call in the event of an emergency and
9    whether the minor was capable of making an emergency call;
10        (11) whether there was food and other provision left
11    for the minor;
12        (12) whether any of the conduct is attributable to
13    economic hardship or illness and the parent, guardian or
14    other person having physical custody or control of the
15    child made a good faith effort to provide for the health
16    and safety of the minor;
17        (13) the age and physical and mental capabilities of
18    the person or persons who provided supervision for the
19    minor;
20        (14) whether the minor was left under the supervision
21    of another person;
22        (15) any other factor that would endanger the health
23    and safety of that particular minor.
24    A minor shall not be considered neglected for the sole
25reason that the minor has been relinquished in accordance with
26the Abandoned Newborn Infant Protection Act.

 

 

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1    (2) Those who are abused include any minor under 18 years
2of age or a minor 18 years of age or older for whom the court
3has made a finding of probable cause to believe that the minor
4is abused, neglected, or dependent under subsection (1) of
5Section 2-10 prior to the minor's 18th birthday whose parent
6or immediate family member, or any person responsible for the
7minor's welfare, or any person who is in the same family or
8household as the minor, or any individual residing in the same
9home as the minor, or a paramour of the minor's parent:
10        (i) inflicts, causes to be inflicted, or allows to be
11    inflicted upon such minor physical injury, by other than
12    accidental means, which causes death, disfigurement,
13    impairment of physical or emotional health, or loss or
14    impairment of any bodily function;
15        (ii) creates a substantial risk of physical injury to
16    such minor by other than accidental means which would be
17    likely to cause death, disfigurement, impairment of
18    emotional health, or loss or impairment of any bodily
19    function;
20        (iii) commits or allows to be committed any sex
21    offense against such minor, as such sex offenses are
22    defined in the Criminal Code of 1961 or the Criminal Code
23    of 2012, or in the Wrongs to Children Act, and extending
24    those definitions of sex offenses to include minors under
25    18 years of age;
26        (iv) commits or allows to be committed an act or acts

 

 

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1    of torture upon such minor;
2        (v) inflicts excessive corporal punishment;
3        (vi) commits or allows to be committed the offense of
4    involuntary servitude, involuntary sexual servitude of a
5    minor, or trafficking in persons as defined in Section
6    10-9 of the Criminal Code of 1961 or the Criminal Code of
7    2012, upon such minor; or
8        (vii) allows, encourages or requires a minor to commit
9    any act of prostitution, as defined in the Criminal Code
10    of 1961 or the Criminal Code of 2012, and extending those
11    definitions to include minors under 18 years of age.
12    A minor shall not be considered abused for the sole reason
13that the minor has been relinquished in accordance with the
14Abandoned Newborn Infant Protection Act.
15    (3) This Section does not apply to a minor who would be
16included herein solely for the purpose of qualifying for
17financial assistance for himself, his parents, guardian or
18custodian.
19    (4) The changes made by this amendatory Act of the 101st
20General Assembly apply to a case that is pending on or after
21the effective date of this amendatory Act of the 101st General
22Assembly.
23(Source: P.A. 101-79, eff. 7-12-19.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.