Full Text of SB0391 101st General Assembly
SB0391sam001 101ST GENERAL ASSEMBLY | Sen. Terry Link Filed: 3/21/2019
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| 1 | | AMENDMENT TO SENATE BILL 391
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 391 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Abused and Neglected Child Reporting Act is | 5 | | amended 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 | 8 | | requires: | 9 | | "Adult resident" means any person between 18 and 22 years | 10 | | of age who resides in any facility licensed by the Department | 11 | | under the Child Care Act of 1969. For purposes of this Act, the | 12 | | criteria set forth in the definitions of "abused child" and | 13 | | "neglected child" shall be used in determining whether an adult | 14 | | resident is abused or neglected. | 15 | | "Agency" means a child care facility licensed under Section | 16 | | 2.05 or Section 2.06 of the Child Care Act of 1969 and includes |
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| 1 | | a transitional living program that accepts children and adult | 2 | | residents for placement who are in the guardianship of the | 3 | | Department. | 4 | | "Blatant disregard" means an incident where the real, | 5 | | significant, and imminent risk of harm would be so obvious to a | 6 | | reasonable parent or caretaker that it is unlikely that a | 7 | | reasonable parent or caretaker would have exposed the child to | 8 | | the danger without exercising precautionary measures to | 9 | | protect the child from harm. With respect to a person working | 10 | | at an agency in his or her professional capacity with a child | 11 | | or adult resident, "blatant disregard" includes a failure by | 12 | | the person to perform job responsibilities intended to protect | 13 | | the child's or adult resident's health, physical well-being, or | 14 | | welfare, and, when viewed in light of the surrounding | 15 | | circumstances, evidence exists that would cause a reasonable | 16 | | person to believe that the child was neglected. With respect to | 17 | | an agency, "blatant disregard" includes a failure to implement | 18 | | practices that ensure the health, physical well-being, or | 19 | | welfare of the children and adult residents residing in the | 20 | | facility. | 21 | | "Child" means any person under the age of 18 years, unless | 22 | | legally
emancipated by reason of marriage or entry into a | 23 | | branch of the United
States armed services. | 24 | | "Department" means Department of Children and Family | 25 | | Services. | 26 | | "Local law enforcement agency" means the police of a city, |
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| 1 | | town,
village or other incorporated area or the sheriff of an | 2 | | unincorporated
area or any sworn officer of the Illinois | 3 | | Department of State Police. | 4 | | "Abused child"
means a child whose parent or immediate | 5 | | family
member,
or any person responsible for the child's | 6 | | welfare, or any individual
residing in the same home as the | 7 | | child, or a paramour of the child's parent: | 8 | | (a) inflicts, causes to be inflicted, or allows to be
| 9 | | inflicted upon
such child physical injury, by other than | 10 | | accidental means, which causes
death, disfigurement, | 11 | | impairment of physical or
emotional health, or loss or | 12 | | impairment of any bodily function; | 13 | | (b) creates a substantial risk of physical injury to | 14 | | such
child by
other than accidental means which would be | 15 | | likely to cause death,
disfigurement, impairment of | 16 | | physical or emotional health, or loss or
impairment of any | 17 | | bodily function; | 18 | | (c) commits or allows to be committed any sex offense | 19 | | against
such child,
as such sex offenses are defined in the | 20 | | Criminal Code of 2012 or in the Wrongs to Children Act,
and | 21 | | extending those definitions of sex offenses to include | 22 | | children under
18 years of age; | 23 | | (d) commits or allows to be committed an act or acts of
| 24 | | torture upon
such child; | 25 | | (e) inflicts excessive corporal punishment or, in the | 26 | | case of a person working for an agency who is prohibited |
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| 1 | | from using corporal punishment, inflicts corporal | 2 | | punishment upon a child or adult resident with whom the | 3 | | person is working in his or her professional capacity; | 4 | | (f) commits or allows to be committed
the offense of
| 5 | | female
genital mutilation, as defined in Section 12-34 of | 6 | | the Criminal Code of
2012, against the child; | 7 | | (g) causes to be sold, transferred, distributed, or | 8 | | given to
such child
under 18 years of age, a controlled | 9 | | substance as defined in Section 102 of the
Illinois | 10 | | Controlled Substances Act in violation of Article IV of the | 11 | | Illinois
Controlled Substances Act or in violation of the | 12 | | Methamphetamine Control and Community Protection Act, | 13 | | except for controlled substances that are prescribed
in | 14 | | accordance with Article III of the Illinois Controlled | 15 | | Substances Act and
are dispensed to such child in a manner | 16 | | that substantially complies with the
prescription; or | 17 | | (h) commits or allows to be committed the offense of | 18 | | involuntary servitude, involuntary sexual servitude of a | 19 | | minor, or trafficking in persons as defined in Section 10-9 | 20 | | of the Criminal Code of 2012 against the child. | 21 | | A child shall not be considered abused for the sole reason | 22 | | that the child
has been relinquished in accordance with the | 23 | | Abandoned Newborn Infant
Protection Act. | 24 | | A child shall not be considered abused for the sole reason | 25 | | that the child has been diagnosed with or has tested positive | 26 | | for Ehlers-Danlos syndrome, or for the sole reason that the |
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| 1 | | child's parent, sibling, or grandparent has been diagnosed with | 2 | | or has tested positive for Ehlers-Danlos syndrome. | 3 | | "Neglected child" means any child who is not receiving the | 4 | | proper or
necessary nourishment or medically indicated | 5 | | treatment including food or care
not provided solely on the | 6 | | basis of the present or anticipated mental or
physical | 7 | | impairment as determined by a physician acting alone or in
| 8 | | consultation with other physicians or otherwise is not | 9 | | receiving the proper or
necessary support or medical or other | 10 | | remedial care recognized under State law
as necessary for a | 11 | | child's well-being, or other care necessary for his or her
| 12 | | well-being, including adequate food, clothing and shelter; or | 13 | | who is subjected to an environment which is injurious insofar | 14 | | as (i) the child's environment creates a likelihood of harm to | 15 | | the child's health, physical well-being, or welfare and (ii) | 16 | | the likely harm to the child is the result of a blatant | 17 | | disregard of parent, caretaker, or agency responsibilities; or | 18 | | who is abandoned
by his or her parents or other person | 19 | | responsible for the child's welfare
without a proper plan of | 20 | | care; or who has been provided with interim crisis intervention | 21 | | services under
Section 3-5 of
the Juvenile Court Act of 1987 | 22 | | and whose parent, guardian, or custodian refuses to
permit
the | 23 | | child to return home and no other living arrangement agreeable
| 24 | | to the parent, guardian, or custodian can be made, and the | 25 | | parent, guardian, or custodian has not made any other | 26 | | appropriate living arrangement for the child; or who is a |
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| 1 | | newborn infant whose blood, urine,
or meconium
contains any | 2 | | amount of a controlled substance as defined in subsection (f) | 3 | | of
Section 102 of the Illinois Controlled Substances Act or a | 4 | | metabolite thereof,
with the exception of a controlled | 5 | | substance or metabolite thereof whose
presence in the newborn | 6 | | infant is the result of medical treatment administered
to the | 7 | | mother or the newborn infant. A child shall not be considered | 8 | | neglected
for the sole reason that the child's parent or other | 9 | | person responsible for his
or her welfare has left the child in | 10 | | the care of an adult relative for any
period of time. A child | 11 | | shall not be considered neglected for the sole reason
that the | 12 | | child has been relinquished in accordance with the Abandoned | 13 | | Newborn
Infant Protection Act. A child shall not be considered | 14 | | neglected or abused
for the
sole reason that such child's | 15 | | parent or other person responsible for his or her
welfare | 16 | | depends upon spiritual means through prayer alone for the | 17 | | treatment or
cure of disease or remedial care as provided under | 18 | | Section 4 of this Act. A
child shall not be considered | 19 | | neglected or abused solely because the child is
not attending | 20 | | school in accordance with the requirements of Article 26 of The
| 21 | | School Code, as amended. | 22 | | "Child Protective Service Unit" means certain specialized | 23 | | State employees of
the Department assigned by the Director to | 24 | | perform the duties and
responsibilities as provided under | 25 | | Section 7.2 of this Act. | 26 | | "Near fatality" means an act that, as certified by a |
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| 1 | | physician, places the child in serious or critical condition, | 2 | | including acts of great bodily harm inflicted upon children | 3 | | under 13 years of age, and as otherwise defined by Department | 4 | | rule. | 5 | | "Great bodily harm" includes bodily injury which creates a | 6 | | high probability of death, or which causes serious permanent | 7 | | disfigurement, or which causes a permanent or protracted loss | 8 | | or impairment of the function of any bodily member or organ, or | 9 | | other serious bodily harm. | 10 | | "Person responsible for the child's welfare" means the | 11 | | child's parent;
guardian; foster parent; relative caregiver; | 12 | | any person responsible for the
child's welfare in a public or | 13 | | private residential agency or institution; any
person | 14 | | responsible for the child's welfare within a public or private | 15 | | profit or
not for profit child care facility; or any other | 16 | | person responsible for the
child's welfare at the time of the | 17 | | alleged abuse or neglect, including any person that is the | 18 | | custodian of a child under 18 years of age who commits or | 19 | | allows to be committed, against the child, the offense of | 20 | | involuntary servitude, involuntary sexual servitude of a | 21 | | minor, or trafficking in persons for forced labor or services, | 22 | | as provided in Section 10-9 of the Criminal Code of 2012, or | 23 | | any person who
came to know the child through an official | 24 | | capacity or position of trust,
including but not limited to | 25 | | health care professionals, educational personnel,
recreational | 26 | | supervisors, members of the clergy, and volunteers or
support |
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| 1 | | personnel in any setting
where children may be subject to abuse | 2 | | or neglect. | 3 | | "Temporary protective custody" means custody within a | 4 | | hospital or
other medical facility or a place previously | 5 | | designated for such custody
by the Department, subject to | 6 | | review by the Court, including a licensed
foster home, group | 7 | | home, or other institution; but such place shall not
be a jail | 8 | | or other place for the detention of criminal or juvenile | 9 | | offenders. | 10 | | "An unfounded report" means any report made under this Act | 11 | | for which
it is determined after an investigation that no | 12 | | credible evidence of
abuse or neglect exists. | 13 | | "An indicated report" means a report made under this Act if | 14 | | an
investigation determines that credible evidence of the | 15 | | alleged
abuse or neglect exists. | 16 | | "An undetermined report" means any report made under this | 17 | | Act in
which it was not possible to initiate or complete an | 18 | | investigation on
the basis of information provided to the | 19 | | Department. | 20 | | "Subject of report" means any child reported to the central | 21 | | register
of child abuse and neglect established under Section | 22 | | 7.7 of this Act as an alleged victim of child abuse or neglect | 23 | | and
the parent or guardian of the alleged victim or other | 24 | | person responsible for the alleged victim's welfare who is | 25 | | named in the report or added to the report as an alleged | 26 | | perpetrator of child abuse or neglect. |
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| 1 | | "Perpetrator" means a person who, as a result of | 2 | | investigation, has
been determined by the Department to have | 3 | | caused child abuse or neglect. | 4 | | "Member of the clergy" means a clergyman or practitioner of | 5 | | any religious
denomination accredited by the religious body to | 6 | | which he or she belongs. | 7 | | (Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19 .)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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