Full Text of HB0248 94th General Assembly
HB0248 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0248
Introduced 1/14/2005, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
|
325 ILCS 5/5 |
from Ch. 23, par. 2055 |
325 ILCS 5/6 |
from Ch. 23, par. 2056 |
325 ILCS 5/7.5 |
from Ch. 23, par. 2057.5 |
705 ILCS 405/2-5 |
from Ch. 37, par. 802-5 |
|
Amends the Abused and Neglected Child Reporting Act
and
the Juvenile Court Act of 1987. Provides that a law enforcement officer, DCFS
employee, or physician may take or retain temporary protective custody of a
child
without the consent of the person responsible for the child's welfare if he or
she has
reason to believe that the child is in imminent danger of injury or death
(instead of if he
or she has reason to believe that the child cannot be cared for at home or in
the custody of
the person responsible for the child's welfare and there is not time to apply
for a
temporary custody order). If there is no such imminent danger, requires a
warrant to take
the child into temporary protective custody. Provides that the DCFS Guardianship
Administrator has no authority to consent to an HIV test for a child or obtain and disclose
HIV test information if the child has not been taken into temporary protective custody as
provided by law. Provides that a person seeking to take photographs or x-rays of a child
must first obtain the consent of the parent, guardian, or other person responsible for the
child's welfare, unless the person has reason to believe that the child is in imminent
danger of injury or death. Provides that if DCFS is denied reasonable access to a child, it
shall seek law enforcement intervention for the purpose of examining and interviewing
the child if it has reason to believe that the child is in imminent danger of
injury or death;
otherwise, it must seek a court order. Authorizes a law enforcement officer to
take
custody of a minor without a warrant under the Juvenile Court Act of 1987 if
the officer
has reasonable cause to believe the minor is an abused, neglected, or dependent
minor,
but only if the officer also has reasonable cause to believe that the minor is
in imminent
danger of injury or death.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB0248 |
|
LRB094 04962 DRJ 34992 b |
|
| 1 |
| AN ACT in relation to children.
| 2 |
| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Abused and Neglected Child Reporting Act is | 5 |
| amended by
changing Sections 5, 6, and 7.5 as follows:
| 6 |
| (325 ILCS 5/5) (from Ch. 23, par. 2055)
| 7 |
| Sec. 5. An officer of a local law enforcement agency, | 8 |
| designated
employee of the Department, or a physician treating | 9 |
| a child may take or
retain temporary protective custody of the | 10 |
| child without the consent of
the person responsible for the | 11 |
| child's welfare, if (1) he has reason to
believe that the
child | 12 |
| is in imminent danger of injury or death if left
cannot be | 13 |
| cared
for at home or in the
custody of the
person responsible | 14 |
| for the child's welfare without endangering the child's
health | 15 |
| or safety; and (2) there is not time to apply
for a court order | 16 |
| under the Juvenile Court Act of 1987 for temporary
custody of | 17 |
| the child . The person taking or retaining a child in temporary
| 18 |
| protective custody shall immediately make every reasonable | 19 |
| effort to
notify the person responsible for the child's welfare | 20 |
| and shall
immediately notify the Department.
If the officer, | 21 |
| employee, or physician does not have the consent of the
person
| 22 |
| responsible
for the child's welfare and does not have reason to | 23 |
| believe that the child is
in imminent
danger of injury or death | 24 |
| if left at home or in the custody of the person
responsible for | 25 |
| the
child's welfare, then the officer, employee, or physician | 26 |
| may take or retain
temporary
protective custody of the child | 27 |
| only if (i) a court issues a warrant to take
the child into
| 28 |
| custody based on the officer's, employee's, or physician's | 29 |
| belief and evidence
that the
child cannot be cared for at home | 30 |
| or in the custody of the person responsible
for the
child's | 31 |
| welfare without endangering the child's health or safety and | 32 |
| (ii) there
is not time to
apply for a court order for temporary |
|
|
|
HB0248 |
- 2 - |
LRB094 04962 DRJ 34992 b |
|
| 1 |
| custody of the child under the Juvenile
Court Act of
1987.
| 2 |
| The Department shall provide to the
temporary caretaker of | 3 |
| a child any information in the Department's
possession | 4 |
| concerning the positive results of a test performed on the | 5 |
| child
to determine the presence of the antibody or antigen to | 6 |
| Human
Immunodeficiency Virus (HIV), or of HIV infection, as | 7 |
| well as any
communicable diseases or communicable infections | 8 |
| that the child has. The
temporary caretaker of a child shall | 9 |
| not disclose to another person any
information received by the | 10 |
| temporary caretaker from the Department
concerning the results | 11 |
| of a test performed on the child to determine the
presence of | 12 |
| the antibody or antigen to HIV, or of HIV infection, except
| 13 |
| pursuant to Section 9 of the AIDS Confidentiality Act, as now | 14 |
| or hereafter
amended. The Department shall promptly
initiate | 15 |
| proceedings under the Juvenile Court Act of 1987 for the
| 16 |
| continued temporary custody of the child.
| 17 |
| Where the physician keeping a child in his custody does so | 18 |
| in his
capacity as a member of the staff of a hospital or | 19 |
| similar institution,
he shall notify the person in charge of | 20 |
| the institution or his
designated agent, who shall then become | 21 |
| responsible for the further care
of such child in the hospital | 22 |
| or similar institution under the direction
of the Department.
| 23 |
| Said care includes, but is not limited to the granting of | 24 |
| permission
to perform emergency medical treatment to a minor | 25 |
| where the treatment itself
does not involve a substantial risk | 26 |
| of harm to the minor and the failure
to render such treatment | 27 |
| will likely result in death or permanent harm to
the minor, and | 28 |
| there is not time to apply for a court order under the Juvenile
| 29 |
| Court Act of 1987.
| 30 |
| Any person authorized and acting in good faith in the | 31 |
| removal of a
child under this Section shall have immunity from | 32 |
| any liability, civil
or criminal that might otherwise be | 33 |
| incurred or imposed as a result of
such removal. Any physician | 34 |
| authorized and acting in good faith and in
accordance with | 35 |
| acceptable medical practice in the treatment of a child
under | 36 |
| this Section shall have immunity from any liability, civil or |
|
|
|
HB0248 |
- 3 - |
LRB094 04962 DRJ 34992 b |
|
| 1 |
| criminal,
that might otherwise be incurred or imposed as a | 2 |
| result of granting permission
for emergency treatment.
| 3 |
| With respect to any child taken into temporary protective | 4 |
| custody
pursuant to this Section, the Department of Children | 5 |
| and Family Services
Guardianship Administrator or his designee | 6 |
| shall be deemed the child's
legally authorized
representative | 7 |
| for purposes of consenting to an HIV test if deemed
necessary | 8 |
| and appropriate by the Department's Guardianship Administrator | 9 |
| or
designee and
obtaining and disclosing information | 10 |
| concerning such test
pursuant to the AIDS Confidentiality Act | 11 |
| if deemed necessary and
appropriate by the Department's | 12 |
| Guardianship Administrator or designee and
for purposes of
| 13 |
| consenting to the release
of information pursuant to the | 14 |
| Illinois Sexually Transmissible Disease
Control Act if deemed | 15 |
| necessary and appropriate by the Department's
Guardianship | 16 |
| Administrator or designee.
The Guardianship Administrator has | 17 |
| no such authority to consent to an HIV
test or obtain
and | 18 |
| disclose information if the child has not been taken into | 19 |
| temporary
protective custody
as provided in this Section.
| 20 |
| Any person who administers an HIV test upon the consent of | 21 |
| the Department
of Children and Family Services Guardianship | 22 |
| Administrator or his designee,
or who discloses the results of | 23 |
| such tests to the Department's Guardianship
Administrator or | 24 |
| his designee, shall have immunity from any liability,
civil, | 25 |
| criminal or otherwise, that might result by reason of such | 26 |
| actions.
For the purpose of any proceedings, civil or criminal, | 27 |
| the good faith of
any persons required to administer or | 28 |
| disclose the results of tests, or
permitted to take such | 29 |
| actions, shall be presumed.
| 30 |
| (Source: P.A. 90-28, eff. 1-1-98.)
| 31 |
| (325 ILCS 5/6) (from Ch. 23, par. 2056)
| 32 |
| Sec. 6. Any person required to investigate cases of | 33 |
| suspected child
abuse or neglect may take or cause to be taken, | 34 |
| at Department expense,
color photographs and x-rays of the | 35 |
| child who is the subject of a report,
and color photographs of |
|
|
|
HB0248 |
- 4 - |
LRB094 04962 DRJ 34992 b |
|
| 1 |
| the physical environment in which the alleged
abuse or neglect | 2 |
| has taken place. The person seeking to take such
photographs or | 3 |
| x-rays
must first obtain the consent of the parent, guardian, | 4 |
| or other person
responsible for the
child's welfare, unless the | 5 |
| person has reason to believe that the child is in
imminent
| 6 |
| danger of injury or death. If the person has such a reasonable | 7 |
| belief, the
person must
shall make every reasonable effort to | 8 |
| notify the
person responsible for the child's welfare.
| 9 |
| (Source: P.A. 84-611.)
| 10 |
| changing
| 11 |
| (325 ILCS 5/7.5) (from Ch. 23, par. 2057.5)
| 12 |
| Sec. 7.5. If the Child Protective Service Unit is denied | 13 |
| reasonable access
to a child by the parents or other persons | 14 |
| and it deems that the health,
safety, and best interests of the | 15 |
| child so require, it shall request the
intervention of a local | 16 |
| law enforcement agency
for the purpose of examining and | 17 |
| interviewing the child if it has reason to
believe that the
| 18 |
| child is in imminent danger of injury or death. If the Child | 19 |
| Protective Service
Unit does
not have reason to believe that | 20 |
| the child is in imminent danger of injury or
death, it must
or | 21 |
| seek an appropriate court
order to
examine and interview the | 22 |
| child.
| 23 |
| (Source: P.A. 90-28, eff. 1-1-98.)
| 24 |
| Section 10. The Juvenile Court Act of 1987 is amended by | 25 |
| changing
Section 2-5 as follows:
| 26 |
| (705 ILCS 405/2-5) (from Ch. 37, par. 802-5)
| 27 |
| Sec. 2-5. Taking into custody.
(1) A law enforcement | 28 |
| officer may, without a warrant, take into
temporary custody a | 29 |
| minor (a) whom the officer with reasonable cause
believes to be | 30 |
| a person described in Section 2-3 or 2-4 , but only if the
| 31 |
| officer also has reasonable cause to believe that the minor
is | 32 |
| in imminent
danger of injury or death ;
(b) who has been
| 33 |
| adjudged a ward of the court and has escaped from any |
|
|
|
HB0248 |
- 5 - |
LRB094 04962 DRJ 34992 b |
|
| 1 |
| commitment ordered by
the court under this Act; or (c) who is | 2 |
| found in any street or public place
suffering from any sickness | 3 |
| or injury which requires care, medical
treatment or | 4 |
| hospitalization.
| 5 |
| (2) Whenever a petition has been filed under Section 2-13 | 6 |
| and the
court finds that the conduct and behavior of the minor | 7 |
| may endanger the
health, person, welfare, or property of | 8 |
| himself or others or that the
circumstances of his home | 9 |
| environment may endanger his health, person,
welfare or | 10 |
| property, a warrant may be issued immediately to take the minor
| 11 |
| into custody.
| 12 |
| (3) The taking of a minor into temporary custody under this | 13 |
| Section is
not an arrest nor does it constitute a police | 14 |
| record.
| 15 |
| (Source: P.A. 85-601.)
|
|