103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3799

 

Introduced 2/17/2023, by Rep. Carol Ammons

 

SYNOPSIS AS INTRODUCED:
 
325 ILCS 5/3  from Ch. 23, par. 2053

    Amends the Abused and Neglected Child Reporting Act. In the definition of "blatant disregard", provides that "blatant disregard" is not present when an incident involving a failure to provide food, shelter, or clothing that otherwise would be characterized as "blatant disregard" is solely attributable to the financial inability of the child's parent or the other person responsible for the child's welfare. In the definition of "neglected child", adds that "neglected child" means any child who is not receiving care necessary for his or her well-being, including adequate food, clothing, and shelter, even when the parent or person responsible for the child is financially able to do so or has been offered financial or other means to do so. Provides that a child shall not be considered neglected for the sole reason that the parent or other person responsible for the child in need of supportive services is unable to provide the care necessary for his or her well-being based exclusively on the parent's, or other responsible person's, financial inability. Defines "child in need of supportive services". Sets forth certain requirements the Department of Children and Family Services must complete before considering a child to be a neglected child, including evaluating the family's financial circumstances and offering appropriate family preservation services or referring the family for a child welfare services referral.


LRB103 25525 KTG 51874 b

 

 

A BILL FOR

 

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1    AN ACT concerning children.
 
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
8requires:
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. "Blatant disregard" is not
3present when an incident involving a failure to provide food,
4shelter, or clothing that otherwise would be characterized as
5"blatant disregard" is solely attributable to the financial
6inability of the child's parent or the other person
7responsible for the child's welfare. With respect to a person
8working at an agency in his or her professional capacity with a
9child or adult resident, "blatant disregard" includes a
10failure by the person to perform job responsibilities intended
11to protect the child's or adult resident's health, physical
12well-being, or welfare, and, when viewed in light of the
13surrounding circumstances, evidence exists that would cause a
14reasonable person to believe that the child was neglected.
15With respect to an agency, "blatant disregard" includes a
16failure to implement practices that ensure the health,
17physical well-being, or welfare of the children and adult
18residents residing in the facility.
19    "Child" means any person under the age of 18 years, unless
20legally emancipated by reason of marriage or entry into a
21branch of the United States armed services.
22    "Department" means Department of Children and Family
23Services.
24    "Local law enforcement agency" means the police of a city,
25town, village or other incorporated area or the sheriff of an
26unincorporated area or any sworn officer of the Illinois State

 

 

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1Police.
2    "Abused child" means a child whose parent or immediate
3family member, or any person responsible for the child's
4welfare, or any individual residing in the same home as the
5child, or a paramour of the child's parent:
6        (a) inflicts, causes to be inflicted, or allows to be
7    inflicted upon such child physical injury, by other than
8    accidental means, which causes death, disfigurement,
9    impairment of physical or emotional health, or loss or
10    impairment of any bodily function;
11        (b) creates a substantial risk of physical injury to
12    such child by other than accidental means which would be
13    likely to cause death, disfigurement, impairment of
14    physical or emotional health, or loss or impairment of any
15    bodily function;
16        (c) commits or allows to be committed any sex offense
17    against such child, as such sex offenses are defined in
18    the Criminal Code of 2012 or in the Wrongs to Children Act,
19    and extending those definitions of sex offenses to include
20    children under 18 years of age;
21        (d) commits or allows to be committed an act or acts of
22    torture upon such child;
23        (e) inflicts excessive corporal punishment or, in the
24    case of a person working for an agency who is prohibited
25    from using corporal punishment, inflicts corporal
26    punishment upon a child or adult resident with whom the

 

 

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1    person is working in his or her professional capacity;
2        (f) commits or allows to be committed the offense of
3    female genital mutilation, as defined in Section 12-34 of
4    the Criminal Code of 2012, against the child;
5        (g) causes to be sold, transferred, distributed, or
6    given to such child under 18 years of age, a controlled
7    substance as defined in Section 102 of the Illinois
8    Controlled Substances Act in violation of Article IV of
9    the Illinois Controlled Substances Act or in violation of
10    the Methamphetamine Control and Community Protection Act,
11    except for controlled substances that are prescribed in
12    accordance with Article III of the Illinois Controlled
13    Substances Act and are dispensed to such child in a manner
14    that substantially complies with the prescription;
15        (h) commits or allows to be committed the offense of
16    involuntary servitude, involuntary sexual servitude of a
17    minor, or trafficking in persons as defined in Section
18    10-9 of the Criminal Code of 2012 against the child; or
19        (i) commits the offense of grooming, as defined in
20    Section 11-25 of the Criminal Code of 2012, against the
21    child.
22    A child shall not be considered abused for the sole reason
23that the child has been relinquished in accordance with the
24Abandoned Newborn Infant Protection Act.
25    "Child in need of supportive services" means a child whose
26parent or caretaker has been identified by themselves, a

 

 

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1member in the household, or a mandated reporter as needing a
2child welfare services referral to address needs such as, but
3not limited to, a parent's or caretaker's financial inability
4to provide adequate food, clothing, and shelter, unless the
5hotline worker identifies that there is an indication that the
6child is at imminent risk of harm and requires a formal child
7abuse or neglect investigation.
8    "Neglected child" means any child who:
9        (1) is not receiving the proper or necessary
10    nourishment or medically indicated treatment including
11    food or care not provided solely on the basis of the
12    present or anticipated mental or physical impairment as
13    determined by a physician acting alone or in consultation
14    with other physicians or otherwise is not receiving the
15    proper or necessary support or medical or other remedial
16    care recognized under State law as necessary for a child's
17    well-being; ,
18        (2) is not receiving care necessary for his or her
19    well-being, including adequate food, clothing, and
20    shelter, even when the parent or person responsible for
21    the child is financially able to do so or has been offered
22    financial or other means to do so; or other care necessary
23    for his or her well-being, including adequate food,
24    clothing and shelter; or who
25        (3) is subjected to an environment which is injurious
26    insofar as (i) the child's environment creates a

 

 

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1    likelihood of harm to the child's health, physical
2    well-being, or welfare and (ii) the likely harm to the
3    child is the result of a blatant disregard of parent,
4    caretaker, person responsible for the child's welfare, or
5    agency responsibilities;
6        (4) or who is abandoned by his or her parents or other
7    person responsible for the child's welfare without a
8    proper plan of care;
9        (5) or who has been provided with interim crisis
10    intervention services under Section 3-5 of the Juvenile
11    Court Act of 1987 and whose parent, guardian, or custodian
12    refuses to permit the child to return home and no other
13    living arrangement agreeable to the parent, guardian, or
14    custodian can be made, and the parent, guardian, or
15    custodian has not made any other appropriate living
16    arrangement for the child; or
17        (6) who is a newborn infant whose blood, urine, or
18    meconium contains any amount of a controlled substance as
19    defined in subsection (f) of Section 102 of the Illinois
20    Controlled Substances Act or a metabolite thereof, with
21    the exception of a controlled substance or metabolite
22    thereof whose presence in the newborn infant is the result
23    of medical treatment administered to the mother or the
24    newborn infant.
25    A child shall not be considered neglected for:
26        (A) the sole reason that the child's parent or other

 

 

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1    person responsible for his or her welfare has left the
2    child in the care of an adult relative for any period of
3    time; .
4        (B) A child shall not be considered neglected for the
5    sole reason that the child has been relinquished in
6    accordance with the Abandoned Newborn Infant Protection
7    Act ; .
8        (C) A child shall not be considered neglected or
9    abused for the sole reason that such child's parent or
10    other person responsible for his or her welfare depends
11    upon spiritual means through prayer alone for the
12    treatment or cure of disease or remedial care as provided
13    under Section 4 of this Act; .
14        (D) the sole reason that A child shall not be
15    considered neglected or abused solely because the child is
16    not attending school in accordance with the requirements
17    of Article 26 of The School Code, as amended; or .
18        (E) the sole reason that the parent or other person
19    responsible for the child in need of supportive services
20    is unable to provide the care necessary for his or her
21    well-being based exclusively on the parent's, or other
22    responsible person's, financial inability.
23    A child shall not be considered neglected unless the
24Department:
25        (i) has evaluated the family's financial
26    circumstances;

 

 

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1        (ii) has assessed the family's need for services; and
2        (iii) has made demonstrable efforts to assist the
3    family, including, but not limited to, offering
4    appropriate family preservation services or recommending
5    the family for a child welfare services referral, unless
6    the Department has determined that family preservation
7    services would not be appropriate.
8    "Child Protective Service Unit" means certain specialized
9State employees of the Department assigned by the Director to
10perform the duties and responsibilities as provided under
11Section 7.2 of this Act.
12    "Near fatality" means an act that, as certified by a
13physician, places the child in serious or critical condition,
14including acts of great bodily harm inflicted upon children
15under 13 years of age, and as otherwise defined by Department
16rule.
17    "Great bodily harm" includes bodily injury which creates a
18high probability of death, or which causes serious permanent
19disfigurement, or which causes a permanent or protracted loss
20or impairment of the function of any bodily member or organ, or
21other serious bodily harm.
22    "Person responsible for the child's welfare" means the
23child's parent; guardian; foster parent; relative caregiver;
24any person responsible for the child's welfare in a public or
25private residential agency or institution; any person
26responsible for the child's welfare within a public or private

 

 

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1profit or not for profit child care facility; or any other
2person responsible for the child's welfare at the time of the
3alleged abuse or neglect, including any person who commits or
4allows to be committed, against the child, the offense of
5involuntary servitude, involuntary sexual servitude of a
6minor, or trafficking in persons for forced labor or services,
7as provided in Section 10-9 of the Criminal Code of 2012,
8including, but not limited to, the custodian of the minor, or
9any person who came to know the child through an official
10capacity or position of trust, including, but not limited to,
11health care professionals, educational personnel, recreational
12supervisors, members of the clergy, and volunteers or support
13personnel in any setting where children may be subject to
14abuse or neglect.
15    "Temporary protective custody" means custody within a
16hospital or other medical facility or a place previously
17designated for such custody by the Department, subject to
18review by the Court, including a licensed foster home, group
19home, or other institution; but such place shall not be a jail
20or other place for the detention of criminal or juvenile
21offenders.
22    "An unfounded report" means any report made under this Act
23for which it is determined after an investigation that no
24credible evidence of abuse or neglect exists.
25    "An indicated report" means a report made under this Act
26if an investigation determines that credible evidence of the

 

 

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1alleged abuse or neglect exists.
2    "An undetermined report" means any report made under this
3Act in which it was not possible to initiate or complete an
4investigation on the basis of information provided to the
5Department.
6    "Subject of report" means any child reported to the
7central register of child abuse and neglect established under
8Section 7.7 of this Act as an alleged victim of child abuse or
9neglect and the parent or guardian of the alleged victim or
10other person responsible for the alleged victim's welfare who
11is named in the report or added to the report as an alleged
12perpetrator of child abuse or neglect.
13    "Perpetrator" means a person who, as a result of
14investigation, has been determined by the Department to have
15caused child abuse or neglect.
16    "Member of the clergy" means a clergyman or practitioner
17of any religious denomination accredited by the religious body
18to which he or she belongs.
19(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
20102-813, eff. 5-13-22.)