Full Text of HB5139 93rd General Assembly
HB5139 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB5139
Introduced 02/05/04, by Chapin Rose SYNOPSIS AS INTRODUCED: |
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705 ILCS 405/2-3 |
from Ch. 37, par. 802-3 |
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Amends the Juvenile Court Act of 1987. Provides that for the purposes of a
petition to have a minor adjudicated an abused or neglected minor, proof that the parent, custodian, or guardian has been involved in the manufacture of methamphetamine in a structure or vehicle where the minor resides, is present, or is otherwise endangered shall constitute prima facie evidence of abuse and neglect.
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A BILL FOR
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HB5139 |
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LRB093 14788 RLC 46822 b |
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| AN ACT in relation to minors.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing
Section 2-3 as follows:
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| (705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
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| Sec. 2-3. Neglected or abused minor.
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| (1) Those who are neglected include:
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| (a) any minor under 18 years of age who is not | 10 |
| receiving
the proper or necessary support, education as
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| required by law, or medical or other remedial care | 12 |
| recognized under
State law as necessary for a minor's | 13 |
| well-being, or other care necessary
for his or her | 14 |
| well-being, including adequate food, clothing and shelter,
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| or who is abandoned by his or her parents or other person | 16 |
| responsible for
the minor's welfare, except that a minor | 17 |
| shall not be considered neglected
for the sole reason that | 18 |
| the minor's parent or other person responsible for the
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| minor's welfare has left the minor in the care of an adult | 20 |
| relative for any
period of time; or
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| (b) any minor under 18 years of age whose environment | 22 |
| is injurious
to his or her welfare; or
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| (c) any newborn infant whose blood, urine, or meconium
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| contains any amount of a
controlled substance as defined in | 25 |
| subsection (f) of Section 102 of the
Illinois Controlled | 26 |
| Substances Act, as now or hereafter amended, or a
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| metabolite of a controlled substance, with the exception of | 28 |
| controlled
substances or metabolites of such substances, | 29 |
| the presence of which in the
newborn infant is the result | 30 |
| of medical treatment administered to the
mother or the | 31 |
| newborn infant; or
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| (d) any minor under the age of 14 years whose parent or |
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HB5139 |
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LRB093 14788 RLC 46822 b |
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| other person
responsible for the minor's welfare leaves the | 2 |
| minor without
supervision for an unreasonable period of | 3 |
| time without regard for the mental or
physical health, | 4 |
| safety, or welfare of that minor.
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| Whether the minor was left without regard for the mental or | 6 |
| physical health,
safety, or welfare of that minor or the period | 7 |
| of time was unreasonable shall
be determined by considering the | 8 |
| following factors, including but not limited
to:
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| (1) the age of the minor;
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| (2) the number of minors left at the location;
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| (3) special needs of the minor, including whether the | 12 |
| minor is physically
or mentally handicapped, or otherwise | 13 |
| in need of ongoing prescribed medical
treatment such as | 14 |
| periodic doses of insulin or other medications;
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| (4) the duration of time in which the minor was left | 16 |
| without supervision;
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| (5) the condition and location of the place where the | 18 |
| minor was left
without supervision;
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| (6) the time of day or night when the minor was left | 20 |
| without supervision;
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| (7) the weather conditions, including whether the | 22 |
| minor was left in a
location with adequate protection from | 23 |
| the natural elements such as adequate
heat or light;
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| (8) the location of the parent or guardian at the time | 25 |
| the minor was left
without supervision, the physical | 26 |
| distance the minor was from the parent or
guardian at the | 27 |
| time the minor was without supervision;
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| (9) whether the minor's movement was restricted, or the | 29 |
| minor was
otherwise locked within a room or other | 30 |
| structure;
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| (10) whether the minor was given a phone number of a | 32 |
| person or location to
call in the event of an emergency and | 33 |
| whether the minor was capable of making
an emergency call;
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| (11) whether there was food and other provision left | 35 |
| for the minor;
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| (12) whether any of the conduct is attributable to |
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HB5139 |
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LRB093 14788 RLC 46822 b |
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| economic hardship or
illness and the parent, guardian or | 2 |
| other person having physical custody or
control of the | 3 |
| child made a good faith effort to provide for the health | 4 |
| and
safety of the minor;
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| (13) the age and physical and mental capabilities of | 6 |
| the person or persons
who provided supervision for the | 7 |
| minor;
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| (14) whether the minor was left under the supervision | 9 |
| of another person;
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| (15) any other factor that would endanger the health | 11 |
| and safety of that
particular minor.
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| A minor shall not be considered neglected for the sole | 13 |
| reason that the
minor has been relinquished in accordance with | 14 |
| the Abandoned Newborn Infant
Protection Act.
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| (2) Those who are abused include any minor under 18 years | 16 |
| of age whose
parent or immediate family member, or any person | 17 |
| responsible
for the minor's welfare, or any person who is in | 18 |
| the same family or household
as the minor, or any individual | 19 |
| residing in the same home as the minor, or
a paramour of the | 20 |
| minor's parent:
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| (i) inflicts, causes to be inflicted, or allows to be | 22 |
| inflicted upon
such minor physical injury, by other than | 23 |
| accidental means, which causes death,
disfigurement, | 24 |
| impairment of physical or emotional health, or loss or
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| impairment of any bodily function;
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| (ii) creates a substantial risk of physical injury to | 27 |
| such minor by
other than accidental means which would be | 28 |
| likely to cause death,
disfigurement, impairment of | 29 |
| emotional health, or loss or impairment of any
bodily | 30 |
| function;
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| (iii) commits or allows to be committed any sex offense | 32 |
| against such
minor, as such sex offenses are defined in the | 33 |
| Criminal Code of 1961, as
amended, and extending those | 34 |
| definitions of sex offenses to include minors
under 18 | 35 |
| years of age;
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| (iv) commits or allows to be committed an act or acts |
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LRB093 14788 RLC 46822 b |
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| of torture upon
such minor; or
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| (v) inflicts excessive corporal punishment.
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| A minor shall not be considered abused for the sole reason | 4 |
| that the minor
has been relinquished in accordance with the | 5 |
| Abandoned Newborn Infant
Protection Act.
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| (3) This Section does not apply to a minor who would be | 7 |
| included
herein solely for the purpose of qualifying for | 8 |
| financial assistance for
himself, his parents, guardian or | 9 |
| custodian.
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| (4) Proof that the parent, custodian, or guardian has been | 11 |
| involved in the manufacture of methamphetamine in a structure | 12 |
| or vehicle where the minor resides, is present, or is otherwise | 13 |
| endangered shall constitute prima facie evidence of abuse and | 14 |
| neglect.
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| (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
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