Illinois General Assembly - Full Text of HB4876
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Full Text of HB4876  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 2/7/2024, by Rep. Anne Stava-Murray


325 ILCS 5/3  from Ch. 23, par. 2053
410 ILCS 210/1.5

    Amends the Abused and Neglected Child Reporting Act. Provides that "abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent denies the child access to necessary medical care, including, but not limited to, primary care services, abortion services, or gender-affirming services. Amends the Consent by Minors to Health Care Services Act. Specifies that consent to the performance of abortion services and gender-affirming services executed by a minor is not voidable because of such minority. Provides that a health care professional rendering abortion services and gender-affirming services shall not incur civil or criminal liability for failure to obtain valid consent or professional discipline for failure to obtain valid consent if the health care professional relied in good faith on representations made by the minor.

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HB4876LRB103 37486 CES 67609 b

1    AN ACT concerning health.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Abused and Neglected Child Reporting Act is
5amended 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
9    "Adult resident" means any person between 18 and 22 years
10of age who resides in any facility licensed by the Department
11under the Child Care Act of 1969. For purposes of this Act, the
12criteria set forth in the definitions of "abused child" and
13"neglected child" shall be used in determining whether an
14adult resident is abused or neglected.
15    "Agency" means a child care facility licensed under
16Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
17includes a transitional living program that accepts children
18and adult residents for placement who are in the guardianship
19of the Department.
20    "Blatant disregard" means an incident where the real,
21significant, and imminent risk of harm would be so obvious to a
22reasonable parent or caretaker that it is unlikely that a
23reasonable parent or caretaker would have exposed the child to



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1the danger without exercising precautionary measures to
2protect the child from harm. With respect to a person working
3at an agency in the person's professional capacity with a
4child or adult resident, "blatant disregard" includes a
5failure by the person to perform job responsibilities intended
6to protect the child's or adult resident's health, physical
7well-being, or welfare, and, when viewed in light of the
8surrounding circumstances, evidence exists that would cause a
9reasonable person to believe that the child was neglected.
10With respect to an agency, "blatant disregard" includes a
11failure to implement practices that ensure the health,
12physical well-being, or welfare of the children and adult
13residents residing in the facility.
14    "Child" means any person under the age of 18 years, unless
15legally emancipated by reason of marriage or entry into a
16branch of the United States armed services.
17    "Department" means Department of Children and Family
19    "Local law enforcement agency" means the police of a city,
20town, village or other incorporated area or the sheriff of an
21unincorporated area or any sworn officer of the Illinois State
23    "Abused child" means a child whose parent or immediate
24family member, or any person responsible for the child's
25welfare, or any individual residing in the same home as the
26child, 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 the person's 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;
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; or
14        (i) commits the offense of grooming, as defined in
15    Section 11-25 of the Criminal Code of 2012, against the
16    child; or .
17        (j) denies the child access to necessary medical care,
18    including, but not limited to:
19            (1) primary care services, as defined in Section
20        1.5 of the Consent by Minors to Health Care Services
21        Act;
22            (2) abortion services, as defined in Section 1-10
23        of the Reproductive Health Act; or
24            (3) gender-affirming services, as defined in
25        Section 1-10 of the Reproductive Health Act.
26    A child shall not be considered abused for the sole reason



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1that the child has been relinquished in accordance with the
2Abandoned Newborn Infant Protection Act.
3    "Neglected child" means any child who is not receiving the
4proper or necessary nourishment or medically indicated
5treatment including food or care not provided solely on the
6basis of the present or anticipated mental or physical
7impairment as determined by a physician acting alone or in
8consultation with other physicians or otherwise is not
9receiving the proper or necessary support or medical or other
10remedial care recognized under State law as necessary for a
11child's well-being, or other care necessary for the child's
12well-being, including adequate food, clothing and shelter; or
13who is subjected to an environment which is injurious insofar
14as (i) the child's environment creates a likelihood of harm to
15the child's health, physical well-being, or welfare and (ii)
16the likely harm to the child is the result of a blatant
17disregard of parent, caretaker, person responsible for the
18child's welfare, or agency responsibilities; or who is
19abandoned by the child's parents or other person responsible
20for the child's welfare without a proper plan of care; or who
21has been provided with interim crisis intervention services
22under Section 3-5 of the Juvenile Court Act of 1987 and whose
23parent, guardian, or custodian refuses to permit the child to
24return home and no other living arrangement agreeable to the
25parent, guardian, or custodian can be made, and the parent,
26guardian, or custodian has not made any other appropriate



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1living arrangement for the child; or who is a newborn infant
2whose blood, urine, or meconium contains any amount of a
3controlled substance as defined in subsection (f) of Section
4102 of the Illinois Controlled Substances Act or a metabolite
5thereof, with the exception of a controlled substance or
6metabolite thereof whose presence in the newborn infant is the
7result of medical treatment administered to the person who
8gave birth or the newborn infant. A child shall not be
9considered neglected for the sole reason that the child's
10parent or other person responsible for the child's welfare has
11left the child in the care of an adult relative for any period
12of time. A child shall not be considered neglected for the sole
13reason that the child has been relinquished in accordance with
14the Abandoned Newborn Infant Protection Act. A child shall not
15be considered neglected or abused for the sole reason that
16such child's parent or other person responsible for the
17child's welfare depends upon spiritual means through prayer
18alone for the treatment or cure of disease or remedial care as
19provided under Section 4 of this Act. A child shall not be
20considered neglected or abused solely because the child is not
21attending school in accordance with the requirements of
22Article 26 of The School Code, as amended.
23    "Child Protective Service Unit" means certain specialized
24State employees of the Department assigned by the Director to
25perform the duties and responsibilities as provided under
26Section 7.2 of this Act.



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1    "Near fatality" means an act that, as certified by a
2physician, places the child in serious or critical condition,
3including acts of great bodily harm inflicted upon children
4under 13 years of age, and as otherwise defined by Department
6    "Great bodily harm" includes bodily injury which creates a
7high probability of death, or which causes serious permanent
8disfigurement, or which causes a permanent or protracted loss
9or impairment of the function of any bodily member or organ, or
10other serious bodily harm.
11    "Person responsible for the child's welfare" means the
12child's parent; guardian; foster parent; relative caregiver;
13any person responsible for the child's welfare in a public or
14private residential agency or institution; any person
15responsible for the child's welfare within a public or private
16profit or not for profit child care facility; or any other
17person responsible for the child's welfare at the time of the
18alleged abuse or neglect, including any person who commits or
19allows to be committed, against the child, the offense of
20involuntary servitude, involuntary sexual servitude of a
21minor, or trafficking in persons for forced labor or services,
22as provided in Section 10-9 of the Criminal Code of 2012,
23including, but not limited to, the custodian of the minor, or
24any person who came to know the child through an official
25capacity or position of trust, including, but not limited to,
26health care professionals, educational personnel, recreational



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1supervisors, members of the clergy, and volunteers or support
2personnel in any setting where children may be subject to
3abuse or neglect.
4    "Temporary protective custody" means custody within a
5hospital or other medical facility or a place previously
6designated for such custody by the Department, subject to
7review by the Court, including a licensed foster home, group
8home, or other institution; but such place shall not be a jail
9or other place for the detention of criminal or juvenile
11    "An unfounded report" means any report made under this Act
12for which it is determined after an investigation that no
13credible evidence of abuse or neglect exists.
14    "An indicated report" means a report made under this Act
15if an investigation determines that credible evidence of the
16alleged abuse or neglect exists.
17    "An undetermined report" means any report made under this
18Act in which it was not possible to initiate or complete an
19investigation on the basis of information provided to the
21    "Subject of report" means any child reported to the
22central register of child abuse and neglect established under
23Section 7.7 of this Act as an alleged victim of child abuse or
24neglect and the parent or guardian of the alleged victim or
25other person responsible for the alleged victim's welfare who
26is named in the report or added to the report as an alleged



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1perpetrator of child abuse or neglect.
2    "Perpetrator" means a person who, as a result of
3investigation, has been determined by the Department to have
4caused child abuse or neglect.
5    "Member of the clergy" means a clergyperson or
6practitioner of any religious denomination accredited by the
7religious body to which the clergyperson or practitioner
9(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
10102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)
11    Section 10. The Consent by Minors to Health Care Services
12Act is amended by changing Section 1.5 as follows:
13    (410 ILCS 210/1.5)
14    Sec. 1.5. Consent by minor seeking care for limited
15primary care services.
16    (a) The consent to the performance of primary care
17services, abortion services, and gender-affirming services by
18a physician licensed to practice medicine in all its branches,
19a licensed advanced practice registered nurse, a licensed
20physician assistant, a chiropractic physician, or a licensed
21optometrist executed by a minor seeking care is not voidable
22because of such minority, and for such purpose, a minor
23seeking care is deemed to have the same legal capacity to act
24and has the same powers and obligations as has a person of



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1legal age if under the following circumstances: (1) the health
2care professional reasonably believes that the minor seeking
3care understands the benefits and risks of any proposed
4primary care or services. ; and
5        (2) the minor seeking care is identified in writing as
6    a minor seeking care by:
7            (A) an adult relative;
8            (B) a representative of a homeless service agency
9        that receives federal, State, county, or municipal
10        funding to provide those services or that is otherwise
11        sanctioned by a local continuum of care;
12            (C) an attorney licensed to practice law in this
13        State;
14            (D) a public school homeless liaison or school
15        social worker;
16            (E) a social service agency providing services to
17        at risk, homeless, or runaway youth; or
18            (F) a representative of a religious organization.
19    (b) A health care professional rendering primary care
20services, abortion services, and gender-affirming services,
21under this Section shall not incur civil or criminal liability
22for failure to obtain valid consent or professional discipline
23for failure to obtain valid consent if he or she relied in good
24faith on the representations made by the minor or the
25information provided under paragraph (2) of subsection (a) of
26this Section. Under such circumstances, good faith shall be



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2    (c) The confidential nature of any communication between a
3health care professional described in Section 1 of this Act
4and a minor seeking care is not waived (1) by the presence, at
5the time of communication, of any additional persons present
6at the request of the minor seeking care, (2) by the health
7care professional's disclosure of confidential information to
8the additional person with the consent of the minor seeking
9care, when reasonably necessary to accomplish the purpose for
10which the additional person is consulted, or (3) by the health
11care professional billing a health benefit insurance or plan
12under which the minor seeking care is insured, is enrolled, or
13has coverage for the services provided.
14    (d) Nothing in this Section shall be construed to limit or
15expand a minor's existing powers and obligations under any
16federal, State, or local law. Nothing in this Section affects
17the right or authority of a parent or legal guardian to
18verbally, in writing, or otherwise authorize health care
19services to be provided for a minor in their absence.
20    (e) For the purposes of this Section:
21    "Abortion services" has the meaning given in Section 1-10
22of the Reproductive Health Act.
23    "Gender-affirming services" has the meaning given in
24Section 1-10 of the Reproductive Health Act.
25    "Minor seeking care" means a person at least 14 years of
26age but less than 18 years of age who is living separate and



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1apart from his or her parents or legal guardian, whether with
2or without the consent of a parent or legal guardian who is
3unable or unwilling to return to the residence of a parent, and
4managing his or her own personal affairs. "Minor seeking care"
5does not include minors who are under the protective custody,
6temporary custody, or guardianship of the Department of
7Children and Family Services.
8    "Primary care services" means health care services that
9include screening, counseling, immunizations, medication, and
10treatment of illness and conditions customarily provided by
11licensed health care professionals in an out-patient setting,
12eye care services, excluding advanced optometric procedures,
13provided by optometrists, and services provided by
14chiropractic physicians according to the scope of practice of
15chiropractic physicians under the Medical Practice Act of
161987. "Primary care services" does not include invasive care,
17beyond standard injections, laceration care, or non-surgical
18fracture care.
19(Source: P.A. 102-1117, eff. 1-13-23.)