Full Text of HB1910 102nd General Assembly
HB1910 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB1910 Introduced 2/17/2021, by Rep. Deanne M. Mazzochi SYNOPSIS AS INTRODUCED: |
| 325 ILCS 5/3 | from Ch. 23, par. 2053 | 410 ILCS 50/3.5 new | |
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Amends the Abused and Neglected Child Reporting Act. Provides that a child shall not be considered neglected solely because the child's parent or other person responsible for his or her welfare has a difference of opinion with a medical
professional regarding the safety, efficacy, or advisability
of various treatment protocols specific to that child. Provides that a child
shall not be considered neglected solely because a child's
parent or other person responsible for the child's welfare objects to: (i) a recommended vaccination schedule or the dosing schedule for vaccines; (ii) the administration of ophthalmic
antibiotics or silver nitrate in newborns; (iii) the administration of, timing of, or
route of administration for vitamin K in newborns;
or other specified medical care. Provides that requests for minimally invasive diagnostic tests for
the child and a diagnosis of or treatment of pediatric acute onset neuropsychiatric syndrome or pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections shall not be considered an indication of neglect. Provides that if a medical professional complies with an
objection or request set forth in the amendatory Act
by a child's parent or other person responsible for the child's
welfare, no liability for any such decision may attach to the
medical professional. Amends the Medical Patient Rights Act. Provides that a child's parent or other person responsible for the child's
welfare has a right to be free from threats by medical
professionals to refer a child to protective services, unless
the medical professional has a good faith basis to believe that
the child otherwise meets the definition of an abused child or
a neglected child as defined under the Abused and
Neglected Child Reporting Act. Requires the Department of Public Health to adopt rules.
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| | A BILL FOR |
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| 1 | | AN ACT concerning 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 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 | 14 | | adult resident is abused or neglected. | 15 | | "Agency" means a child care facility licensed under | 16 | | Section 2.05 or Section 2.06 of the Child Care Act of 1969 and | 17 | | includes a transitional living program that accepts children | 18 | | and adult residents for placement who are in the guardianship | 19 | | of the Department. | 20 | | "Blatant disregard" means an incident where the real, | 21 | | significant, and imminent risk of harm would be so obvious to a | 22 | | reasonable parent or caretaker that it is unlikely that a | 23 | | reasonable parent or caretaker would have exposed the child to |
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| 1 | | the danger without exercising precautionary measures to | 2 | | protect the child from harm. With respect to a person working | 3 | | at an agency in his or her professional capacity with a child | 4 | | or adult resident, "blatant disregard" includes a failure by | 5 | | the person to perform job responsibilities intended to protect | 6 | | the child's or adult resident's health, physical well-being, | 7 | | or welfare, and, when viewed in light of the surrounding | 8 | | circumstances, evidence exists that would cause a reasonable | 9 | | person to believe that the child was neglected. With respect | 10 | | to an agency, "blatant disregard" includes a failure to | 11 | | implement practices that ensure the health, physical | 12 | | well-being, or welfare of the children and adult residents | 13 | | residing in the facility. | 14 | | "Child" means any person under the age of 18 years, unless | 15 | | legally
emancipated by reason of marriage or entry into a | 16 | | branch of the United
States armed services. | 17 | | "Department" means Department of Children and Family | 18 | | Services. | 19 | | "Local law enforcement agency" means the police of a city, | 20 | | town,
village or other incorporated area or the sheriff of an | 21 | | unincorporated
area or any sworn officer of the Illinois | 22 | | Department of State Police. | 23 | | "Abused child"
means a child whose parent or immediate | 24 | | family
member,
or any person responsible for the child's | 25 | | welfare, or any individual
residing in the same home as the | 26 | | child, 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; or | 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. | 14 | | A child shall not be considered abused for the sole reason | 15 | | that the child
has been relinquished in accordance with the | 16 | | Abandoned Newborn Infant
Protection Act. | 17 | | "Neglected child" means any child who is not receiving the | 18 | | proper or
necessary nourishment or medically indicated | 19 | | treatment including food or care
not provided solely on the | 20 | | basis of the present or anticipated mental or
physical | 21 | | impairment as determined by a physician acting alone or in
| 22 | | consultation with other physicians or otherwise is not | 23 | | receiving the proper or
necessary support or medical or other | 24 | | remedial care recognized under State law
as necessary for a | 25 | | child's well-being, or other care necessary for his or her
| 26 | | well-being, including adequate food, clothing and shelter; or |
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| 1 | | who is subjected to an environment which is injurious insofar | 2 | | as (i) the child's environment creates a likelihood of harm to | 3 | | the child's health, physical well-being, or welfare and (ii) | 4 | | the likely harm to the child is the result of a blatant | 5 | | disregard of parent, caretaker, or agency responsibilities; or | 6 | | who is abandoned
by his or her parents or other person | 7 | | responsible for the child's welfare
without a proper plan of | 8 | | care; or who has been provided with interim crisis | 9 | | intervention services under
Section 3-5 of
the Juvenile Court | 10 | | Act of 1987 and whose parent, guardian, or custodian refuses | 11 | | to
permit
the child to return home and no other living | 12 | | arrangement agreeable
to the parent, guardian, or custodian | 13 | | can be made, and the parent, guardian, or custodian has not | 14 | | made any other appropriate living arrangement for the child; | 15 | | or who is a newborn infant whose blood, urine,
or meconium
| 16 | | contains any amount of a controlled substance as defined in | 17 | | subsection (f) of
Section 102 of the Illinois Controlled | 18 | | Substances Act or a metabolite thereof,
with the exception of | 19 | | a controlled substance or metabolite thereof whose
presence in | 20 | | the newborn infant is the result of medical treatment | 21 | | administered
to the mother or the newborn infant. A child | 22 | | shall not be considered neglected
for the sole reason that the | 23 | | child's parent or other person responsible for his
or her | 24 | | welfare has left the child in the care of an adult relative for | 25 | | any
period of time. A child shall not be considered neglected | 26 | | for the sole reason
that the child has been relinquished in |
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| 1 | | accordance with the Abandoned Newborn
Infant Protection Act. A | 2 | | child shall not be considered neglected or abused
for the
sole | 3 | | reason that such child's parent or other person responsible | 4 | | for his or her
welfare depends upon spiritual means through | 5 | | prayer alone for the treatment or
cure of disease or remedial | 6 | | care as provided under Section 4 of this Act. A
child shall not | 7 | | be considered neglected or abused solely because the child is
| 8 | | not attending school in accordance with the requirements of | 9 | | Article 26 of The
School Code, as amended. | 10 | | A child shall not be considered neglected solely because | 11 | | the child's parent or other person responsible for his or her | 12 | | welfare has a difference of opinion with a medical | 13 | | professional regarding the safety, efficacy, or advisability | 14 | | of various treatment protocols specific to that child. A child | 15 | | shall not be considered neglected solely because a child's | 16 | | parent or other person responsible for the child's welfare: | 17 | | (a) objects to: | 18 | | (i) a recommended vaccination schedule, including, | 19 | | but not limited to, administering to the child: (1) | 20 | | the HPV vaccine; or (2) an influenza vaccine; or (3) a | 21 | | vaccine
for COVID-19; or | 22 | | (ii) the dosing schedule for vaccines, including, | 23 | | but not limited to, objecting to administering | 24 | | multiple vaccines in a single day; | 25 | | (b) objects to the administration of opioid | 26 | | medications
for pain relief if other non-opioid |
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| 1 | | medications are
available; | 2 | | (c) objects to the administration of ophthalmic | 3 | | antibiotics or silver nitrate in newborns, and the medical | 4 | | professional does not have a basis to believe the mother | 5 | | has been infected with gonorrhea or chlamydia; | 6 | | (d) objects to the administration of, timing of, or | 7 | | route of administration for vitamin K in newborns; | 8 | | (e) objects to the administration, in non-emergency
| 9 | | situations, of a medication without review of an
| 10 | | FDA-approved package insert or instructions for use; | 11 | | (f) objects to separation of the child and parent or | 12 | | other person responsible for his or her welfare by the
| 13 | | medical professional during non-emergency medical
| 14 | | consultations; | 15 | | (g) requests minimally invasive diagnostic tests for
| 16 | | the child; or | 17 | | (h) seeks diagnosis of or treatment of symptoms
| 18 | | associated with pediatric acute onset neuropsychiatric | 19 | | syndrome or pediatric autoimmune neuropsychiatric | 20 | | disorders associated with streptococcal infections. | 21 | | If a medical professional complies with an objection or | 22 | | request set forth in items (a) through (h) by a child's parent | 23 | | or other person responsible for the child's welfare, no | 24 | | liability for any such decision may attach to the medical | 25 | | professional. | 26 | | "Child Protective Service Unit" means certain specialized |
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| 1 | | State employees of
the Department assigned by the Director to | 2 | | perform the duties and
responsibilities as provided under | 3 | | Section 7.2 of this Act. | 4 | | "Near fatality" means an act that, as certified by a | 5 | | physician, places the child in serious or critical condition, | 6 | | including acts of great bodily harm inflicted upon children | 7 | | under 13 years of age, and as otherwise defined by Department | 8 | | rule. | 9 | | "Great bodily harm" includes bodily injury which creates a | 10 | | high probability of death, or which causes serious permanent | 11 | | disfigurement, or which causes a permanent or protracted loss | 12 | | or impairment of the function of any bodily member or organ, or | 13 | | other serious bodily harm. | 14 | | "Person responsible for the child's welfare" means the | 15 | | child's parent;
guardian; foster parent; relative caregiver; | 16 | | any person responsible for the
child's welfare in a public or | 17 | | private residential agency or institution; any
person | 18 | | responsible for the child's welfare within a public or private | 19 | | profit or
not for profit child care facility; or any other | 20 | | person responsible for the
child's welfare at the time of the | 21 | | alleged abuse or neglect, including any person that is the | 22 | | custodian of a child under 18 years of age who commits or | 23 | | allows to be committed, against the child, the offense of | 24 | | involuntary servitude, involuntary sexual servitude of a | 25 | | minor, or trafficking in persons for forced labor or services, | 26 | | as provided in Section 10-9 of the Criminal Code of 2012, or |
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| 1 | | any person who
came to know the child through an official | 2 | | capacity or position of trust,
including but not limited to | 3 | | health care professionals, educational personnel,
recreational | 4 | | supervisors, members of the clergy, and volunteers or
support | 5 | | personnel in any setting
where children may be subject to | 6 | | abuse or neglect. | 7 | | "Temporary protective custody" means custody within a | 8 | | hospital or
other medical facility or a place previously | 9 | | designated for such custody
by the Department, subject to | 10 | | review by the Court, including a licensed
foster home, group | 11 | | home, or other institution; but such place shall not
be a jail | 12 | | or other place for the detention of criminal or juvenile | 13 | | offenders. | 14 | | "An unfounded report" means any report made under this Act | 15 | | for which
it is determined after an investigation that no | 16 | | credible evidence of
abuse or neglect exists. | 17 | | "An indicated report" means a report made under this Act | 18 | | if an
investigation determines that credible evidence of the | 19 | | alleged
abuse or neglect exists. | 20 | | "An undetermined report" means any report made under this | 21 | | Act in
which it was not possible to initiate or complete an | 22 | | investigation on
the basis of information provided to the | 23 | | Department. | 24 | | "Subject of report" means any child reported to the | 25 | | central register
of child abuse and neglect established under | 26 | | Section 7.7 of this Act as an alleged victim of child abuse or |
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| 1 | | neglect and
the parent or guardian of the alleged victim or | 2 | | other person responsible for the alleged victim's welfare who | 3 | | is named in the report or added to the report as an alleged | 4 | | perpetrator of child abuse or neglect. | 5 | | "Perpetrator" means a person who, as a result of | 6 | | investigation, has
been determined by the Department to have | 7 | | caused child abuse or neglect. | 8 | | "Member of the clergy" means a clergyman or practitioner | 9 | | of any religious
denomination accredited by the religious body | 10 | | to which he or she belongs. | 11 | | (Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19 .)
| 12 | | Section 10. The Medical Patient Rights Act is amended by | 13 | | adding Section 3.5 as follows: | 14 | | (410 ILCS 50/3.5 new) | 15 | | Sec. 3.5. Parental rights. | 16 | | (a) In addition to any other right provided under this | 17 | | Act, a child's parent or other person responsible for the | 18 | | child's welfare has a right to be free from threats by medical | 19 | | professionals to refer a child to protective services, unless | 20 | | the medical professional has a good faith basis to believe | 21 | | that the child otherwise meets the definition of an abused | 22 | | child or a neglected child as defined in Section 3 of the | 23 | | Abused and Neglected Child Reporting Act. | 24 | | (b) The Department of Public Health shall adopt rules to |
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| 1 | | implement this Section.
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