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.
















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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 
 


 






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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 
 


 






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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 
 


 






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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 
 


 






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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.)