(720 ILCS 5/12C-10)
(was 720 ILCS 5/12-21.5)
Sec. 12C-10. Child abandonment.
(a) A person commits child abandonment when he or
she, as a parent, guardian, or other person having physical custody or control
of a child, without regard for the mental or physical health, safety, or
welfare of that child, knowingly permits a child to engage in independent activities that
were unreasonable under the circumstances or for an unreasonable period of time without regard for
the minor's mental or physical health, safety, or well-being. For the purposes of this Section, no specific
age shall be determinative of reasonableness. Reasonableness shall be determined by the maturity of each
individual child. It is not a violation of this Section for a person to relinquish a child in accordance with the
Abandoned Newborn Infant Protection Act.
(b) For the purposes of determining whether the child was left without
regard for the mental or physical health, safety, or welfare of that child, the
trier of fact shall consider the following factors:
(1) the age of the child;
(2) the number of children left at the location;
(3) special needs of the child, including whether the |
| child is a person with a physical or mental disability, or otherwise in need of ongoing prescribed medical treatment such as periodic doses of insulin or other medications;
|
|
(4) the duration of time in which the child was left
|
|
(5) the condition and location of the place where the
|
| child was left without supervision;
|
|
(6) the time of day or night when the child was left
|
|
(7) the weather conditions, including whether the
|
| child was left in a location with adequate protection from the natural elements such as adequate heat or light;
|
|
(8) the location of the parent, guardian, or other
|
| person having physical custody or control of the child at the time the child was left without supervision, the physical distance the child was from the parent, guardian, or other person having physical custody or control of the child at the time the child was without supervision;
|
|
(9) whether the child's movement was restricted, or
|
| the child was otherwise locked within a room or other structure;
|
|
(10) whether the child was given a phone number of a
|
| person or location to call in the event of an emergency and whether the child was capable of making an emergency call;
|
|
(11) whether there was food and other provision left
|
|
(12) whether any of the conduct is attributable to
|
| economic hardship or illness and the parent, guardian or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the child;
|
|
(13) the age and physical and mental capabilities of
|
| the person or persons who provided supervision for the child;
|
|
(14) any other factor that would endanger the health
|
| or safety of that particular child;
|
|
(15) whether the child was left under the supervision
|
|
(c) Child abandonment is a Class 4 felony. A second or subsequent offense
after a prior conviction is a Class 3 felony. A parent, who is found to be in violation of this Section with respect to his or her child, may be sentenced to probation for this offense pursuant to Section 12C-15.
(Source: P.A. 103-233, eff. 6-30-23.)
|
(720 ILCS 5/12C-30)
(was 720 ILCS 5/33D-1)
Sec. 12C-30. Contributing to the delinquency or criminal delinquency of a minor. (a) Contributing to the delinquency of a minor. A person commits contributing to the delinquency of a minor when he or she knowingly: (1) causes, aids, or encourages a minor to be or to become a delinquent minor; or (2) does acts which directly tend to render any minor so delinquent. (b) Contributing to the criminal delinquency of a
minor. A person of the age of 21 years and upwards commits contributing to the criminal delinquency of a minor when he or she, with
the intent to promote or facilitate the commission of an offense solicits, compels or directs a minor in the commission of the offense that is
either: (i) a felony when the minor is under the age of 17 years; or (ii) a misdemeanor when the minor is under the age of 18 years.
(c) "Delinquent minor" means any minor who prior to his or her 17th birthday has violated or attempted to violate, regardless of where the act occurred, any federal or State law or county or municipal ordinance, and any minor who prior to his or her 18th birthday has violated or attempted to violate, regardless of where the act occurred, any federal or State law or county or municipal ordinance classified as a misdemeanor offense. (d) Sentence. (1) A violation of subsection (a) is a Class A |
|
(2) A violation of subsection (b) is:
(i) a Class C misdemeanor if the offense
|
| committed is a petty offense or a business offense;
|
|
(ii) a Class B misdemeanor if the offense
|
| committed is a Class C misdemeanor;
|
|
(iii) a Class A misdemeanor if the offense
|
| committed is a Class B misdemeanor;
|
|
(iv) a Class 4 felony if the offense committed is
|
|
(v) a Class 3 felony if the offense committed is
|
|
(vi) a Class 2 felony if the offense committed is
|
|
(vii) a Class 1 felony if the offense committed
|
|
(viii) a Class X felony if the offense committed
|
| is a Class 1 felony or a Class X felony.
|
|
(3) A violation of subsection (b) incurs the same
|
| penalty as first degree murder if the committed offense is first degree murder.
|
|
(e) The husband or wife of the defendant shall be a competent witness to testify in any case under this Section and to all matters relevant thereto.
(Source: P.A. 97-1109, eff. 1-1-13.)
|
(720 ILCS 5/12C-60) Sec. 12C-60. Curfew. (a) Curfew offenses. (1) A minor commits a curfew offense when he or she |
| remains in any public place or on the premises of any establishment during curfew hours.
|
|
(2) A parent or guardian of a minor or other person
|
| in custody or control of a minor commits a curfew offense when he or she knowingly permits the minor to remain in any public place or on the premises of any establishment during curfew hours.
|
|
(b) Curfew defenses. It is a defense to prosecution under subsection (a) that the minor was:
(1) accompanied by the minor's parent or guardian or
|
| other person in custody or control of the minor;
|
|
(2) on an errand at the direction of the minor's
|
| parent or guardian, without any detour or stop;
|
|
(3) in a motor vehicle involved in interstate travel;
(4) engaged in an employment activity or going to or
|
| returning home from an employment activity, without any detour or stop;
|
|
(5) involved in an emergency;
(6) on the sidewalk abutting the minor's residence or
|
| abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;
|
|
(7) attending an official school, religious, or other
|
| recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor;
|
|
(8) exercising First Amendment rights protected by
|
| the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
|
|
(9) married or had been married or is an emancipated
|
| minor under the Emancipation of Minors Act.
|
|
(c) Enforcement. Before taking any enforcement action under this Section, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection (b) is present.
(d) Definitions. In this Section:
(1) "Curfew hours" means:
(A) Between 12:01 a.m. and 6:00 a.m. on Saturday;
(B) Between 12:01 a.m. and 6:00 a.m. on Sunday;
|
|
(C) Between 11:00 p.m. on Sunday to Thursday,
|
| inclusive, and 6:00 a.m. on the following day.
|
|
(2) "Emergency" means an unforeseen combination of
|
| circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile crash, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
|
|
(3) "Establishment" means any privately-owned place
|
| of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
|
|
(4) "Guardian" means:
(A) a person who, under court order, is the
|
| guardian of the person of a minor; or
|
|
(B) a public or private agency with whom a minor
|
| has been placed by a court.
|
|
(5) "Minor" means any person under 17 years of age.
(6) "Parent" means a person who is:
(A) a natural parent, adoptive parent, or
|
| step-parent of another person; or
|
|
(B) at least 18 years of age and authorized by a
|
| parent or guardian to have the care and custody of a minor.
|
|
(7) "Public place" means any place to which the
|
| public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
|
|
(8) "Remain" means to:
(A) linger or stay; or
(B) fail to leave premises when requested to do
|
| so by a police officer or the owner, operator, or other person in control of the premises.
|
|
(9) "Serious bodily injury" means bodily injury that
|
| creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
|
|
(e) Sentence. A violation of this Section
is a petty offense with a fine of not less than
$10 nor
more than $500, except that neither a person who has been made a ward of the
court under the Juvenile Court Act of 1987, nor that person's legal guardian,
shall be subject to any fine. In addition to or instead of the
fine imposed
by this Section, the court may order a parent, legal guardian, or other person
convicted of a violation of subsection (a) of this
Section to perform community service as determined by the court, except that
the legal guardian of a person subject to delinquency proceedings or who has been made a ward of the court under the
Juvenile Court Act of 1987 may not be ordered to perform community service.
The dates and
times established for the performance of community service by the parent, legal
guardian, or other person convicted of a violation of subsection (a) of this
Section shall not conflict with the dates and times that the person is
employed in his or her regular occupation. Fines and assessments, such as fees or administrative costs, shall not be ordered or imposed against a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.
(f) County, municipal and other local boards and bodies authorized to
adopt local police laws and regulations under the constitution and laws of
this State may exercise legislative or regulatory authority over this
subject matter by ordinance or resolution incorporating the substance of
this Section or increasing the requirements thereof or otherwise not in
conflict with this Section.
(Source: P.A. 102-982, eff. 7-1-23; 103-379, eff. 7-28-23.)
|
(720 ILCS 5/12C-70) Sec. 12C-70. Adoption compensation prohibited. (a) Receipt of compensation for placing out prohibited; exception. No person and no agency, association, corporation, institution,
society, or other organization, except a child welfare agency as defined by
the Child Care Act of 1969, shall knowingly request, receive or accept any compensation or thing of
value, directly or indirectly, for providing adoption services, as defined in Section 2.24 of the Child Care Act of 1969. (b) Payment of compensation for placing out prohibited. No person shall knowingly pay or give any compensation or thing of value,
directly or indirectly, for providing adoption services, as defined in Section 2.24 of the Child Care Act of 1969, including placing out of a child to any person or to any
agency, association, corporation, institution, society, or other
organization except a child welfare agency as defined by the Child Care
Act of 1969. (c) Certain payments of salaries and medical expenses not prevented. (1) The provisions of this Section shall not be |
| construed to prevent the payment of salaries or other compensation by a licensed child welfare agency providing adoption services, as that term is defined by the Child Care Act of 1969, to the officers, employees, agents, contractors, or any other persons acting on behalf of the child welfare agency, provided that such salaries and compensation are consistent with subsection (a) of Section 14.5 of the Child Care Act of 1969.
|
|
(2) The provisions of this Section shall not be
|
| construed to prevent the payment by a prospective adoptive parent of reasonable and actual medical fees or hospital charges for services rendered in connection with the birth of such child, if such payment is made to the physician or hospital who or which rendered the services or to the biological mother of the child or to prevent the receipt of such payment by such physician, hospital, or mother.
|
|
(3) The provisions of this Section shall not be
|
| construed to prevent a prospective adoptive parent from giving a gift or gifts or other thing or things of value to a biological parent provided that the total value of such gift or gifts or thing or things of value does not exceed $200.
|
|
(d) Payment of certain expenses.
(1) A prospective adoptive parent shall be permitted
|
| to pay the reasonable living expenses of the biological parents of the child sought to be adopted, in addition to those expenses set forth in subsection (c), only in accordance with the provisions of this subsection (d).
|
|
"Reasonable living expenses" means those expenses
|
| related to activities of daily living and meeting basic needs, including, but not limited to, lodging, food, and clothing for the biological parents during the biological mother's pregnancy and for no more than 120 days prior to the biological mother's expected date of delivery and for no more than 60 days after the birth of the child. The term does not include expenses for lost wages, gifts, educational expenses, or other similar expenses of the biological parents.
|
|
(2)(A) The prospective adoptive parents may seek
|
| leave of the court to pay the reasonable living expenses of the biological parents. They shall be permitted to pay the reasonable living expenses of the biological parents only upon prior order of the circuit court where the petition for adoption will be filed, or if the petition for adoption has been filed in the circuit court where the petition is pending.
|
|
(B) Notwithstanding clause (2)(A) of this subsection
|
| (d), a prospective adoptive parent may advance a maximum of $1,000 for reasonable birth parent living expenses without prior order of court. The prospective adoptive parents shall present a final accounting of all expenses to the court prior to the entry of a final judgment order for adoption.
|
|
(C) If the court finds an accounting by the
|
| prospective adoptive parents to be incomplete or deceptive or to contain amounts which are unauthorized or unreasonable, the court may order a new accounting or the repayment of amounts found to be excessive or unauthorized or make any other orders it deems appropriate.
|
|
(3) Payments under this subsection (d) shall be
|
| permitted only in those circumstances where there is a demonstrated need for the payment of such expenses to protect the health of the biological parents or the health of the child sought to be adopted.
|
|
(4) Payment of their reasonable living expenses, as
|
| provided in this subsection (d), shall not obligate the biological parents to place the child for adoption. In the event the biological parents choose not to place the child for adoption, the prospective adoptive parents shall have no right to seek reimbursement from the biological parents, or from any relative or associate of the biological parents, of moneys paid to, or on behalf of, the biological parents pursuant to a court order under this subsection (d).
|
|
(5) Notwithstanding paragraph (4) of this subsection
|
| (d), a prospective adoptive parent may seek reimbursement of reasonable living expenses from a person who receives such payments only if the person who accepts payment of reasonable living expenses before the child's birth, as described in paragraph (4) of this subsection (d), knows that the person on whose behalf he or she is accepting payment is not pregnant at the time of the receipt of such payments or the person receives reimbursement for reasonable living expenses simultaneously from more than one prospective adoptive parent without the knowledge of the prospective adoptive parent.
|
|
(6) No person or entity shall offer, provide, or
|
| co-sign a loan or any other credit accommodation, directly or indirectly, with a biological parent or a relative or associate of a biological parent based on the contingency of a surrender or placement of a child for adoption.
|
|
(7) Within 14 days after the completion of all
|
| payments for reasonable living expenses of the biological parents under this subsection (d), the prospective adoptive parents shall present a final accounting of all those expenses to the court. The accounting shall also include the verified statements of the prospective adoptive parents, each attorney of record, and the biological parents or parents to whom or on whose behalf the payments were made attesting to the accuracy of the accounting.
|
|
(8) If the placement of a child for adoption is made
|
| in accordance with the Interstate Compact on the Placement of Children, and if the sending state permits the payment of any expenses of biological parents that are not permitted under this Section, then the payment of those expenses shall not be a violation of this Section. In that event, the prospective adoptive parents shall file an accounting of all payments of the expenses of the biological parent or parents with the court in which the petition for adoption is filed or is to be filed. The accounting shall include a copy of the statutory provisions of the sending state that permit payments in addition to those permitted by this Section and a copy of all orders entered in the sending state that relate to expenses of the biological parents paid by the prospective adoptive parents in the sending state.
|
|
(9) The prospective adoptive parents shall be
|
| permitted to pay the reasonable attorney's fees of a biological parent's attorney in connection with proceedings under this Section or in connection with proceedings for the adoption of the child if the amount of fees of the attorney is $1,000 or less. If the amount of attorney's fees of each biological parent exceeds $1,000, the attorney's fees shall be paid only after a petition seeking leave to pay those fees is filed with the court in which the adoption proceeding is filed or to be filed. The court shall review the petition for leave to pay attorney's fees, and if the court determines that the fees requested are reasonable, the court shall permit the petitioners to pay them. If the court determines that the fees requested are not reasonable, the court shall determine and set the reasonable attorney's fees of the biological parents' attorney which may be paid by the petitioners. The prospective adoptive parents shall present a final accounting of all those fees to the court prior to the entry of a final judgment order for adoption.
|
|
(10) The court may appoint a guardian ad litem for an
|
| unborn child to represent the interests of the child in proceedings under this subsection (d).
|
|
(11) The provisions of this subsection (d) apply to a
|
| person who is a prospective adoptive parent. This subsection (d) does not apply to a licensed child welfare agency, as that term is defined in the Child Care Act of 1969, whose payments are governed by the Child Care Act of 1969 and the Department of Children and Family Services rules adopted thereunder.
|
|
(e) Injunctive relief.
(A) Whenever it appears that any person, agency,
|
| association, corporation, institution, society, or other organization is engaged or about to engage in any acts or practices that constitute or will constitute a violation of this Section, the Department of Children and Family Services shall inform the Attorney General and the State's Attorney of the appropriate county. Under such circumstances, the Attorney General or the State's Attorney may initiate injunction proceedings. Upon a proper showing, any circuit court may enter a permanent or preliminary injunction or temporary restraining order without bond to enforce this Section or any rule adopted under this Section in addition to any other penalties and other remedies provided in this Section.
|
|
(B) Whenever it appears that any person, agency,
|
| association, corporation, institution, society, or other organization is engaged or is about to engage in any act or practice that constitutes or will constitute a violation of any rule adopted under the authority of this Section, the Department of Children and Family Services may inform the Attorney General and the State's Attorney of the appropriate county. Under such circumstances, the Attorney General or the State's Attorney may initiate injunction proceedings. Upon a proper showing, any circuit court may enter a permanent or preliminary injunction or a temporary restraining order without bond to enforce this Section or any rule adopted under this Section, in addition to any other penalties and remedies provided in this Section.
|
|
(f) A violation of this Section on a first conviction is a Class 4 felony, and on a second or subsequent conviction is a
Class 3 felony.
(g) "Adoption services" has the meaning given that term in the Child Care Act of 1969.
(h) "Placing out" means to arrange for the free care or placement of a child in a family other than that of the child's parent, stepparent, grandparent, brother, sister, uncle or aunt or legal guardian, for the purpose of adoption or for the purpose of providing care.
(i) "Prospective adoptive parent" means a person or persons who have filed or intend to file a petition to adopt a child under the Adoption Act.
(Source: P.A. 97-1109, eff. 1-1-13.)
|