Full Text of HB2334 101st General Assembly
HB2334eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing 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 who is not | 10 | | receiving
the proper or necessary support, education as
| 11 | | required by law, or medical or other remedial care | 12 | | recognized under
State law as necessary for a minor's | 13 | | well-being, or other care necessary
for his or her | 14 | | well-being, including adequate food, clothing and shelter,
| 15 | | or who is abandoned by his or her parent or parents or | 16 | | other person or persons responsible for
the minor's | 17 | | welfare, except that a minor shall not be considered | 18 | | neglected
for the sole reason that the minor's parent or | 19 | | parents or other person or persons responsible for the
| 20 | | minor's welfare have left the minor in the care of an adult | 21 | | relative for any
period of time, who the parent or parents | 22 | | or other person responsible for the minor's welfare know is | 23 | | both a mentally capable adult relative and physically |
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| 1 | | capable adult relative, as defined by this Act; or | 2 | | (b) any minor under 18 years of age whose environment | 3 | | is injurious
to his or her welfare; or | 4 | | (c) any newborn infant whose blood, urine, or meconium
| 5 | | contains any amount of a
controlled substance as defined in | 6 | | subsection (f) of Section 102 of the
Illinois Controlled | 7 | | Substances Act, as now or hereafter amended, or a
| 8 | | metabolite of a controlled substance, with the exception of | 9 | | controlled
substances or metabolites of such substances, | 10 | | the presence of which in the
newborn infant is the result | 11 | | of medical treatment administered to the
mother or the | 12 | | newborn infant; or | 13 | | (d) any minor under the age of 12 14 years whose parent | 14 | | or other person
responsible for the minor's welfare leaves | 15 | | the minor without
supervision for an unreasonable period of | 16 | | time without regard for the mental or
physical health, | 17 | | safety, or welfare of that minor; or | 18 | | (e) any minor who has been provided with interim crisis | 19 | | intervention
services under Section 3-5 of this Act and | 20 | | whose parent, guardian, or custodian
refuses to permit the | 21 | | minor to return home unless the minor is an immediate | 22 | | physical danger to himself, herself, or others living in | 23 | | the home.
| 24 | | Whether the minor was left without regard for the mental or | 25 | | physical health,
safety, or welfare of that minor or the period | 26 | | of time was unreasonable shall
be determined by considering the |
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| 1 | | following factors, including but not limited
to: | 2 | | (1) the age of the minor; | 3 | | (2) the number of minors left at the location; | 4 | | (3) special needs of the minor, including whether the | 5 | | minor is a person with a physical or mental disability, or | 6 | | otherwise in need of ongoing prescribed medical
treatment | 7 | | such as periodic doses of insulin or other medications; | 8 | | (4) the duration of time in which the minor was left | 9 | | without supervision; | 10 | | (5) the condition and location of the place where the | 11 | | minor was left
without supervision; | 12 | | (6) the time of day or night when the minor was left | 13 | | without supervision; | 14 | | (7) the weather conditions, including whether the | 15 | | minor was left in a
location with adequate protection from | 16 | | the natural elements such as adequate
heat or light; | 17 | | (8) the location of the parent or guardian at the time | 18 | | the minor was left
without supervision, the physical | 19 | | distance the minor was from the parent or
guardian at the | 20 | | time the minor was without supervision; | 21 | | (9) whether the minor's movement was restricted, or the | 22 | | minor was
otherwise locked within a room or other | 23 | | structure; | 24 | | (10) whether the minor was given a phone number of a | 25 | | person or location to
call in the event of an emergency and | 26 | | whether the minor was capable of making
an emergency call; |
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| 1 | | (11) whether there was food and other provision left | 2 | | for the minor; | 3 | | (12) whether any of the conduct is attributable to | 4 | | economic hardship or
illness and the parent, guardian or | 5 | | other person having physical custody or
control of the | 6 | | child made a good faith effort to provide for the health | 7 | | and
safety of the minor; | 8 | | (13) the age and physical and mental capabilities of | 9 | | the person or persons
who provided supervision for the | 10 | | minor; | 11 | | (14) whether the minor was left under the supervision | 12 | | of another person; | 13 | | (15) any other factor that would endanger the health | 14 | | and safety of that
particular minor. | 15 | | A minor shall not be considered neglected for the sole | 16 | | reason that the
minor has been relinquished in accordance with | 17 | | the Abandoned Newborn Infant
Protection Act. | 18 | | (1.5) Neglect does not include permitting a child, whose | 19 | | basic needs are met and who is of sufficient age and maturity | 20 | | to avoid harm or unreasonable risk of harm, to engage in | 21 | | independent activities, including: | 22 | | (a) traveling to and from school, including by walking, | 23 | | running, or bicycling; | 24 | | (b) traveling to and from nearby commercial or | 25 | | recreational activities; | 26 | | (c) engaging in outdoor play; |
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| 1 | | (d) remaining in a vehicle unattended, except as | 2 | | otherwise provided by law; | 3 | | (e) remaining at home unattended; or | 4 | | (f) engaging in a similar independent activity. | 5 | | (2) Those who are abused include any minor under 18 years | 6 | | of age whose
parent or immediate family member, or any person | 7 | | responsible
for the minor's welfare, or any person who is in | 8 | | the same family or household
as the minor, or any individual | 9 | | residing in the same home as the minor, or
a paramour of the | 10 | | minor's parent: | 11 | | (i) inflicts, causes to be inflicted, or allows to be | 12 | | inflicted upon
such minor physical injury, by other than | 13 | | accidental means, which causes death,
disfigurement, | 14 | | impairment of physical or emotional health, or loss or
| 15 | | impairment of any bodily function; | 16 | | (ii) creates a substantial risk of physical injury to | 17 | | such minor by
other than accidental means which would be | 18 | | likely to cause death,
disfigurement, impairment of | 19 | | emotional health, or loss or impairment of any
bodily | 20 | | function; | 21 | | (iii) commits or allows to be committed any sex offense | 22 | | against such
minor, as such sex offenses are defined in the | 23 | | Criminal Code of 1961 or the Criminal Code of 2012, or in | 24 | | the Wrongs to Children Act, and extending those definitions | 25 | | of sex offenses to include minors
under 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 10-9 | 6 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 7 | | 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 of | 10 | | 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 | 13 | | that the minor
has been relinquished in accordance with the | 14 | | Abandoned Newborn Infant
Protection Act. | 15 | | (3) This Section does not apply to a minor who would be | 16 | | included
herein solely for the purpose of qualifying for | 17 | | financial assistance for
himself, his parents, guardian or | 18 | | custodian. | 19 | | (Source: P.A. 99-143, eff. 7-27-15.)
| 20 | | Section 10. The Criminal Code of 2012 is amended by | 21 | | changing Section 12C-10 as follows:
| 22 | | (720 ILCS 5/12C-10)
(was 720 ILCS 5/12-21.5)
| 23 | | Sec. 12C-10. Child abandonment.
| 24 | | (a) A person commits child abandonment when he or
she, as a |
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| 1 | | parent, guardian, or other person having physical custody or | 2 | | control
of a child, without regard for the mental or physical | 3 | | health, safety, or
welfare of that child, knowingly leaves that | 4 | | child who is under the age of 12 13
without supervision by a | 5 | | responsible person over the age of 14 for a period of
24 hours | 6 | | or more. It is not a violation of this Section for a person to | 7 | | relinquish a child in accordance with the
Abandoned Newborn | 8 | | Infant Protection Act.
| 9 | | (b) For the purposes of determining whether the child was | 10 | | left without
regard for the mental or physical health, safety, | 11 | | or welfare of that child, the
trier of fact shall consider the | 12 | | following factors:
| 13 | | (1) the age of the child;
| 14 | | (2) the number of children left at the location;
| 15 | | (3) special needs of the child, including whether the | 16 | | child is a person with a physical or mental disability, or | 17 | | otherwise in need of ongoing prescribed medical
treatment | 18 | | such as periodic doses of insulin or other medications;
| 19 | | (4) the duration of time in which the child was left | 20 | | without supervision;
| 21 | | (5) the condition and location of the place where the | 22 | | child was left
without supervision;
| 23 | | (6) the time of day or night when the child was left | 24 | | without supervision;
| 25 | | (7) the weather conditions, including whether the | 26 | | child was left in a
location with adequate protection from |
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| 1 | | the natural elements such as adequate
heat or light;
| 2 | | (8) the location of the parent, guardian, or other | 3 | | person having physical
custody or control of the child at | 4 | | the time the child was left without
supervision, the | 5 | | physical distance the child was from the parent, guardian, | 6 | | or
other person having physical custody or control of the | 7 | | child at the time the
child was without supervision;
| 8 | | (9) whether the child's movement was restricted, or the | 9 | | child was
otherwise locked within a room or other | 10 | | structure;
| 11 | | (10) whether the child was given a phone number of a | 12 | | person
or location to call in the event of an emergency and | 13 | | whether the child was
capable of making an emergency call;
| 14 | | (11) whether there was food and other provision left | 15 | | for the child;
| 16 | | (12) whether any of the conduct is attributable to | 17 | | economic hardship or
illness and the parent, guardian or | 18 | | other person having physical custody or
control of the | 19 | | child made a good faith effort to provide for the health | 20 | | and
safety of the child;
| 21 | | (13) the age and physical and mental capabilities of | 22 | | the person or persons
who provided supervision for the | 23 | | child;
| 24 | | (14) any other factor that would endanger the health or | 25 | | safety of that
particular child;
| 26 | | (15) whether the child was left under the supervision |
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| 1 | | of another person.
| 2 | | (c) Child abandonment is a Class 4 felony. A second or | 3 | | subsequent offense
after a prior conviction is a Class 3 | 4 | | felony. A parent, who is found to be in violation of this | 5 | | Section with respect to his or her child, may be sentenced to | 6 | | probation for this offense pursuant to Section 12C-15.
| 7 | | (Source: P.A. 98-756, eff. 7-16-14; 99-143, eff. 7-27-15.)
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