SB1834 EnrolledLRB103 06072 RLC 51103 b

1    AN ACT concerning minors.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Legislative findings. The General Assembly
5finds that:
6    (1) There has been a longstanding misinterpretation of
7Illinois law regarding when and under what conditions children
8left home alone may be considered to be neglected pursuant to
9the Juvenile Court Act of 1987 and regarding the conditions
10under which parents and guardians may be charged criminally
11with abandonment.
12    (2) Illinois law has been widely misinterpreted as stating
13that children cannot be left home alone, under any
14circumstances, unless the children are at least 14 years old.
15This interpretation is inaccurate.
16    (3) Whether a child is sufficiently mature to be safely
17left home alone varies based on the circumstances and many
18factors, including, but not limited to, the age of the child,
19the child's individual developmental capacity, the length of
20time the child will be alone, and the safety conditions of the
21home.
 
22    Section 5. The Juvenile Court Act of 1987 is amended by
23changing Section 2-3 as follows:
 

 

 

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1    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
2    Sec. 2-3. Neglected or abused minor.
3    (1) Those who are neglected include any minor under 18
4years of age or a minor 18 years of age or older for whom the
5court has made a finding of probable cause to believe that the
6minor is abused, neglected, or dependent under subsection (1)
7of Section 2-10 prior to the minor's 18th birthday:
8        (a) any minor under 18 years of age or a minor 18 years
9    of age or older for whom the court has made a finding of
10    probable cause to believe that the minor is abused,
11    neglected, or dependent under subsection (1) of Section
12    2-10 prior to the minor's 18th birthday who is not
13    receiving the proper or necessary support, education as
14    required by law, or medical or other remedial care
15    recognized under State law as necessary for a minor's
16    well-being, or other care necessary for his or her
17    well-being, including adequate food, clothing and shelter,
18    or who is abandoned by his or her parent or parents or
19    other person or persons responsible for the minor's
20    welfare, except that a minor shall not be considered
21    neglected for the sole reason that the minor's parent or
22    parents or other person or persons responsible for the
23    minor's welfare have left the minor in the care of an adult
24    relative for any period of time, who the parent or parents
25    or other person responsible for the minor's welfare know

 

 

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1    is both a mentally capable adult relative and physically
2    capable adult relative, as defined by this Act; or
3        (b) any minor under 18 years of age or a minor 18 years
4    of age or older for whom the court has made a finding of
5    probable cause to believe that the minor is abused,
6    neglected, or dependent under subsection (1) of Section
7    2-10 prior to the minor's 18th birthday whose environment
8    is injurious to his or her welfare; or
9        (c) any newborn infant whose blood, urine, or meconium
10    contains any amount of a controlled substance as defined
11    in subsection (f) of Section 102 of the Illinois
12    Controlled Substances Act, as now or hereafter amended, or
13    a metabolite of a controlled substance, with the exception
14    of controlled substances or metabolites of such
15    substances, the presence of which in the newborn infant is
16    the result of medical treatment administered to the mother
17    or the newborn infant; or
18        (d) any minor under the age of 14 years whose parent or
19    other person responsible for the minor's welfare leaves
20    the minor without supervision for an unreasonable period
21    of time without regard for the mental or physical health,
22    safety, or welfare of that minor. Whether the minor was
23    left without regard for the mental or physical health,
24    safety, or welfare of that minor or the period of time was
25    unreasonable shall be determined by considering the
26    following factors, including, but not limited to:

 

 

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1            (1) the age of the minor;
2            (2) the number of minors left at the location; ; or
3            (3) special needs of the minor, including whether
4        the minor is a person with a physical or mental
5        disability, or otherwise in need of ongoing prescribed
6        medical treatment such as periodic doses of insulin or
7        other medications;
8            (4) the duration of time in which the minor was
9        left without supervision;
10            (5) the condition and location of the place where
11        the minor was left without supervision;
12            (6) the time of day or night when the minor was
13        left without supervision;
14            (7) the weather conditions, including whether the
15        minor was left in a location with adequate protection
16        from the natural elements such as adequate heat or
17        light;
18            (8) the location of the parent or guardian at the
19        time the minor was left without supervision, the
20        physical distance the minor was from the parent or
21        guardian at the time the minor was without
22        supervision;
23            (9) whether the minor's movement was restricted,
24        or the minor was otherwise locked within a room or
25        other structure;
26            (10) whether the minor was given a phone number of

 

 

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1        a person or location to call in the event of an
2        emergency and whether the minor was capable of making
3        an emergency call;
4            (11) whether there was food and other provision
5        left for the minor;
6            (12) whether any of the conduct is attributable to
7        economic hardship or illness and the parent, guardian
8        or other person having physical custody or control of
9        the child made a good faith effort to provide for the
10        health and safety of the minor;
11            (13) the age and physical and mental capabilities
12        of the person or persons who provided supervision for
13        the minor;
14            (14) whether the minor was left under the
15        supervision of another person;
16            (15) any other factor that would endanger the
17        health and safety of that particular minor; or
18        (e) any minor who has been provided with interim
19    crisis intervention services under Section 3-5 of this Act
20    and whose parent, guardian, or custodian refuses to permit
21    the 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
25or physical health, safety, or welfare of that minor or the
26period of time was unreasonable shall be determined by

 

 

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1considering the following factors, including but not limited
2to:
3        (1) the age of the minor;
4        (2) the number of minors left at the location;
5        (3) special needs of the minor, including whether the
6    minor is a person with a physical or mental disability, or
7    otherwise in need of ongoing prescribed medical treatment
8    such as periodic doses of insulin or other medications;
9        (4) the duration of time in which the minor was left
10    without supervision;
11        (5) the condition and location of the place where the
12    minor was left without supervision;
13        (6) the time of day or night when the minor was left
14    without supervision;
15        (7) the weather conditions, including whether the
16    minor was left in a location with adequate protection from
17    the natural elements such as adequate heat or light;
18        (8) the location of the parent or guardian at the time
19    the minor was left without supervision, the physical
20    distance the minor was from the parent or guardian at the
21    time the minor was without supervision;
22        (9) whether the minor's movement was restricted, or
23    the minor was otherwise locked within a room or other
24    structure;
25        (10) whether the minor was given a phone number of a
26    person or location to call in the event of an emergency and

 

 

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1    whether the minor was capable of making an emergency call;
2        (11) whether there was food and other provision left
3    for the minor;
4        (12) whether any of the conduct is attributable to
5    economic hardship or illness and the parent, guardian or
6    other person having physical custody or control of the
7    child made a good faith effort to provide for the health
8    and safety of the minor;
9        (13) the age and physical and mental capabilities of
10    the person or persons who provided supervision for the
11    minor;
12        (14) whether the minor was left under the supervision
13    of another person;
14        (15) any other factor that would endanger the health
15    and safety of that particular minor.
16    A minor shall not be considered neglected for the sole
17reason that the minor has been relinquished in accordance with
18the Abandoned Newborn Infant Protection Act.
19    (1.5) A minor shall not be considered neglected for the
20sole reason that the minor's parent or other person
21responsible for the minor's welfare permits the minor to
22engage in independent activities unless the minor was
23permitted to engage in independent activities under
24circumstances presenting unreasonable risk of harm to the
25minor's mental or physical health, safety, or well-being.
26"Independent activities" includes, but is not limited to:

 

 

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1        (a) traveling to and from school including by walking,
2    running, or bicycling;
3        (b) traveling to and from nearby commercial or
4    recreational facilities;
5        (c) engaging in outdoor play;
6        (d) remaining in a vehicle unattended, except as
7    otherwise provided by law;
8        (e) remaining at home or at a similarly appropriate
9    location unattended; or
10        (f) engaging in a similar independent activity alone
11    or with other children.
12    In determining whether an independent activity presented
13unreasonable risk of harm, the court shall consider:
14        (1) whether the activity is accepted as suitable for
15    minors of the same age, maturity level, and developmental
16    capacity as the involved minor;
17        (2) the factors listed in items (1) through (15) of
18    paragraph (d) of subsection (1); and
19        (3) any other factor the court deems relevant.
20    (2) Those who are abused include any minor under 18 years
21of age or a minor 18 years of age or older for whom the court
22has made a finding of probable cause to believe that the minor
23is abused, neglected, or dependent under subsection (1) of
24Section 2-10 prior to the minor's 18th birthday whose parent
25or immediate family member, or any person responsible for the
26minor's welfare, or any person who is in the same family or

 

 

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1household as the minor, or any individual residing in the same
2home as the minor, or a paramour of the minor's parent:
3        (i) inflicts, causes to be inflicted, or allows to be
4    inflicted upon such minor physical injury, by other than
5    accidental means, which causes death, disfigurement,
6    impairment of physical or emotional health, or loss or
7    impairment of any bodily function;
8        (ii) creates a substantial risk of physical injury to
9    such minor by other than accidental means which would be
10    likely to cause death, disfigurement, impairment of
11    emotional health, or loss or impairment of any bodily
12    function;
13        (iii) commits or allows to be committed any sex
14    offense against such minor, as such sex offenses are
15    defined in the Criminal Code of 1961 or the Criminal Code
16    of 2012, or in the Wrongs to Children Act, and extending
17    those definitions of sex offenses to include minors under
18    18 years of age;
19        (iv) commits or allows to be committed an act or acts
20    of torture upon such minor;
21        (v) inflicts excessive corporal punishment;
22        (vi) commits or allows to be committed the offense of
23    involuntary servitude, involuntary sexual servitude of a
24    minor, or trafficking in persons as defined in Section
25    10-9 of the Criminal Code of 1961 or the Criminal Code of
26    2012, upon such minor; or

 

 

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1        (vii) allows, encourages or requires a minor to commit
2    any act of prostitution, as defined in the Criminal Code
3    of 1961 or the Criminal Code of 2012, and extending those
4    definitions to include minors under 18 years of age.
5    A minor shall not be considered abused for the sole reason
6that the minor has been relinquished in accordance with the
7Abandoned Newborn Infant Protection Act.
8    (3) This Section does not apply to a minor who would be
9included herein solely for the purpose of qualifying for
10financial assistance for himself, his parents, guardian or
11custodian.
12    (4) The changes made by this amendatory Act of the 101st
13General Assembly apply to a case that is pending on or after
14the effective date of this amendatory Act of the 101st General
15Assembly.
16(Source: P.A. 101-79, eff. 7-12-19.)
 
17    Section 10. The Criminal Code of 2012 is amended by
18changing Section 12C-10 as follows:
 
19    (720 ILCS 5/12C-10)   (was 720 ILCS 5/12-21.5)
20    Sec. 12C-10. Child abandonment.
21    (a) A person commits child abandonment when he or she, as a
22parent, guardian, or other person having physical custody or
23control of a child, without regard for the mental or physical
24health, safety, or welfare of that child, knowingly permits a

 

 

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1child to engage in independent activities that were
2unreasonable under the circumstances or for an unreasonable
3period of time without regard for the minor's mental or
4physical health, safety, or well-being. For the purposes of
5this Section, no specific age shall be determinative of
6reasonableness. Reasonableness shall be determined by the
7maturity of each individual child leaves that child who is
8under the age of 13 without supervision by a responsible
9person over the age of 14 for a period of 24 hours or more. It
10is not a violation of this Section for a person to relinquish a
11child in accordance with the Abandoned Newborn Infant
12Protection Act.
13    (b) For the purposes of determining whether the child was
14left without regard for the mental or physical health, safety,
15or welfare of that child, the trier of fact shall consider the
16following factors:
17        (1) the age of the child;
18        (2) the number of children left at the location;
19        (3) special needs of the child, including whether the
20    child is a person with a physical or mental disability, or
21    otherwise in need of ongoing prescribed medical treatment
22    such as periodic doses of insulin or other medications;
23        (4) the duration of time in which the child was left
24    without supervision;
25        (5) the condition and location of the place where the
26    child was left without supervision;

 

 

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1        (6) the time of day or night when the child was left
2    without supervision;
3        (7) the weather conditions, including whether the
4    child was left in a location with adequate protection from
5    the natural elements such as adequate heat or light;
6        (8) the location of the parent, guardian, or other
7    person having physical custody or control of the child at
8    the time the child was left without supervision, the
9    physical distance the child was from the parent, guardian,
10    or other person having physical custody or control of the
11    child at the time the child was without supervision;
12        (9) whether the child's movement was restricted, or
13    the child was otherwise locked within a room or other
14    structure;
15        (10) whether the child was given a phone number of a
16    person or location to call in the event of an emergency and
17    whether the child was capable of making an emergency call;
18        (11) whether there was food and other provision left
19    for the child;
20        (12) whether any of the conduct is attributable to
21    economic hardship or illness and the parent, guardian or
22    other person having physical custody or control of the
23    child made a good faith effort to provide for the health
24    and safety of the child;
25        (13) the age and physical and mental capabilities of
26    the person or persons who provided supervision for the

 

 

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1    child;
2        (14) any other factor that would endanger the health
3    or safety of that particular child;
4        (15) whether the child was left under the supervision
5    of another person.
6    (c) Child abandonment is a Class 4 felony. A second or
7subsequent offense after a prior conviction is a Class 3
8felony. A parent, who is found to be in violation of this
9Section with respect to his or her child, may be sentenced to
10probation for this offense pursuant to Section 12C-15.
11(Source: P.A. 98-756, eff. 7-16-14; 99-143, eff. 7-27-15.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    705 ILCS 405/2-3from Ch. 37, par. 802-3
4    720 ILCS 5/12C-10was 720 ILCS 5/12-21.5