Illinois General Assembly - Bill Status for HB 248

Amends the Abused and Neglected Child Reporting Act and the Juvenile Court Act of 1987. Provides that a law enforcement officer, DCFS employee, or physician may take or retain temporary protective custody of a child without the consent of the person responsible for the child's welfare if he or she has reason to believe that the child is in imminent danger of injury or death (instead of if he or she has reason to believe that the child cannot be cared for at home or in the custody of the person responsible for the child's welfare without endangering the child' s health or safety and there is not time to apply for a temporary custody order). If there is no such imminent danger, requires a warrant to take the child into temporary protective custody. Provides that the DCFS Guardianship Administrator has no authority to consent to an HIV test for a child or obtain and disclose HIV test information if the child has not been taken into temporary protective custody as provided by law. Provides that a person seeking to take photographs or x-rays of a child must first obtain the consent of the parent, guardian, or other person responsible for the child's welfare, unless the person has reason to believe that the child is in imminent danger of injury or death. Provides that if the DCFS Child Protective Service Unit is denied reasonable access to a child, it shall seek law enforcement intervention for the purpose of examining and interviewing the child if it has reason to believe that the child is in imminent danger of injury or death; otherwise, it must seek a court order. Authorizes a law enforcement officer to take custody of a minor without a warrant under the Juvenile Court Act of 1987 if the officer has reasonable cause to believe the minor is an abused, neglected, or dependent minor, but only if the officer also has reasonable cause to believe that the minor is in imminent danger of injury or death.

Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987. Provides that if the Department of Children and Family Services (DCFS) Guardianship Administrator is appointed the executive temporary custodian of a minor, DCFS has the authority to authorize appropriate physical and mental health evaluations of the minor and any emergency treatment the minor may require unless otherwise ordered by the court. Provides that the minor's custodial parents retain their rights to make all other medical decisions and all education decisions relating to the minor, unless the court finds that the parents' retention of these rights is not in the minor's best interests. With respect to evidence at an adjudicatory hearing, provides that any portion of a document that contains an opinion as to a respondent's ability to care for a minor or as to a minor's bond to a respondent is not admissible unless the individual who authored the opinion testifies as to that opinion.

Eliminates physicians as persons who may take or retain temporary protective custody of a child under a warrant issued by a court.

Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987 with provisions substantially similar to those of House Bill 248 as amended by House Amendment No. 1, but with changes that include the following: (1) provides that if the DCFS Guardianship Administrator is appointed the executive temporary custodian of a minor, DCFS may authorize any emergency medical treatment or surgical procedure (instead of any emergency treatment) the minor may require, and defines "emergency medical treatment or surgical procedure"; (2) provides that the minor's parents (instead of custodial parents) retain their rights to make all other medical decisions; and (3) provides that in unfitness proceedings under the Act, if documents, assessments, and evaluations are directly used to prove an unfitness ground as alleged in the petition, or are used at the best interest portion, the author of those documents shall testify, if available, as to the recommendations and findings; if the author is unavailable, the documents are admissible without such testimony; and the court shall determine the proper weight accorded to the documents.

Replaces everything after the enacting clause. Amends the Juvenile Court Act of 1987 with provisions substantially similar to those of House Bill 248 as amended by House Amendment No. 1, but with changes that include the following: (1) provides that if the DCFS Guardianship Administrator is appointed the executive temporary custodian of a minor, DCFS may authorize any emergency medical treatment or surgical procedure (instead of any emergency treatment) the minor may require, and defines "emergency medical treatment or surgical procedure"; (2) provides that the minor's parents (instead of custodial parents) retain their rights to make all other medical decisions; and (3) provides that in unfitness proceedings under the Act, if documents, assessments, and evaluations are directly used to prove an unfitness ground as alleged in the petition, or are used at the best interest portion, relating to parent-child bonding, and a party objects to the introduction of the documents into evidence, the author of those documents shall testify, if available, as to the recommendations and findings; if the author is unavailable, the documents are admissible without such testimony; and the court shall determine the proper weight accorded to the documents.

Date	Chamber	Action
1/9/2007	House	Session Sine Die

Date	Chamber	Action
1/14/2005	House	Filed with the Clerk by Rep. Mary E. Flowers
1/19/2005	House	First Reading
1/19/2005	House	Referred to Rules Committee
1/26/2005	House	Assigned to Judiciary II - Criminal Law Committee
3/10/2005	House	House Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
3/10/2005	House	House Amendment No. 2 Filed with Clerk by Judiciary II - Criminal Law Committee
3/10/2005	House	House Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
3/10/2005	House	House Amendment No. 2 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
3/10/2005	House	Do Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 016-000-000
3/11/2005	House	Placed on Calendar 2nd Reading - Short Debate
3/15/2005	House	House Amendment No. 2 Motion Filed to Table Rep. Mary E. Flowers
3/15/2005	House	House Amendment No. 2 Motion to Table Referred to Rules Committee
3/15/2005	House	House Amendment No. 3 Filed with Clerk by Rep. Mary E. Flowers
3/15/2005	House	House Amendment No. 3 Referred to Rules Committee
3/30/2005	House	House Amendment No. 4 Filed with Clerk by Rep. Mary E. Flowers
3/30/2005	House	House Amendment No. 4 Referred to Rules Committee
4/5/2005	House	House Amendment No. 3 Rules Refers to Judiciary II - Criminal Law Committee
4/5/2005	House	Added Co-Sponsor Rep. Sara Feigenholtz
4/6/2005	House	House Amendment No. 3 Recommends Be Adopted Judiciary II - Criminal Law Committee; 014-000-000
4/6/2005	House	Added Chief Co-Sponsor Rep. Frank J. Mautino
4/6/2005	House	House Amendment No. 4 Recommends Be Adopted Rules Committee; 004-000-000
4/8/2005	House	Second Reading - Short Debate
4/8/2005	House	Held on Calendar Order of Second Reading - Short Debate
4/11/2005	House	Added Co-Sponsor Rep. William Delgado
4/11/2005	House	House Amendment No. 2 Motion to Table Amendment - Prevailed by Voice Vote
4/15/2005	House	House Amendment No. 3 Adopted by Voice Vote
4/15/2005	House	House Amendment No. 4 Adopted by Voice Vote
4/15/2005	House	Held on Calendar Order of Second Reading - Short Debate
4/15/2005	House	Rule 19(a) / Re-referred to Rules Committee
1/9/2007	House	Session Sine Die

	Adds reference to:
	705 ILCS 405/2-10	from Ch. 37, par. 802-10