Full Text of HB4305 102nd General Assembly
HB4305ham001 102ND GENERAL ASSEMBLY | Rep. Sue Scherer Filed: 2/14/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4305
| 2 | | AMENDMENT NO. ______. Amend House Bill 4305 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Legislative findings. The General Assembly | 5 | | finds that: | 6 | | (1) There has been a longstanding misinterpretation of | 7 | | Illinois law regarding when and under what conditions children | 8 | | left home alone may be considered to be neglected pursuant to | 9 | | the Juvenile Court Act of 1987 and regarding the conditions | 10 | | under which parents and guardians may be charged criminally | 11 | | with abandonment. | 12 | | (2) Illinois law has been widely misinterpreted as stating | 13 | | that children cannot be left home alone, under any | 14 | | circumstances, unless the children are at least 14 years old. | 15 | | This interpretation is inaccurate. | 16 | | (3) Whether a child is sufficiently mature to be safely | 17 | | left home alone varies based on the circumstances and many |
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| 1 | | factors, including, but not limited to, the age of the child, | 2 | | the child's individual developmental capacity, the length of | 3 | | time the child will be alone, and the safety conditions of the | 4 | | home. | 5 | | (4) It is the intent of the General Assembly to clarify the | 6 | | law and to direct the Department of Children and Family | 7 | | Services and the Office of the Attorney General to issue | 8 | | written guidance to Illinois families regarding (i) the | 9 | | provisions of the Abused and Neglected Child Reporting Act and | 10 | | Juvenile Court Act of 1987 regarding determinations of neglect | 11 | | based on a lack of proper supervision, (ii) the provisions of | 12 | | the Criminal Code of 2012 regarding child abandonment, and | 13 | | (iii) how to determine whether a particular child is ready to | 14 | | be left home alone in specific circumstances. | 15 | | Section 5. The Children and Family Services Act is | 16 | | amended by adding Section 45 as follows: | 17 | | (20 ILCS 505/45 new) | 18 | | Sec. 45. Guidance on leaving children home alone. | 19 | | (a) No later than July 1, 2023, the Department and the | 20 | | Office of the Attorney General shall issue written guidance to | 21 | | State families on: | 22 | | (1) the provisions of the Abused and Neglected Child | 23 | | Reporting Act and Juvenile Court Act of 1987 regarding | 24 | | determinations of neglect based on a lack of proper |
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| 1 | | supervision; | 2 | | (2) the provisions of the Criminal Code of 2012 | 3 | | regarding child abandonment; and | 4 | | (3) how to determine whether a particular child is | 5 | | ready to be left home alone in specific circumstances. | 6 | | (b) The Department and the Office of the Attorney General | 7 | | shall ensure that the guidance is publicly available, | 8 | | including, but not limited to, by posting the guidance on the | 9 | | websites of the Department and Attorney General. | 10 | | Section 10. The Juvenile Court Act of 1987 is amended by | 11 | | changing Section 2-3 as follows: | 12 | | (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) | 13 | | Sec. 2-3. Neglected or abused minor. | 14 | | (1) Those who are neglected include: | 15 | | (a) any minor under 18 years of age or a minor 18 years | 16 | | of age or older for whom the court has made a finding of | 17 | | probable cause to believe that the minor is abused, | 18 | | neglected, or dependent under subsection (1) of Section | 19 | | 2-10 prior to the minor's 18th birthday who is not | 20 | | receiving
the proper or necessary support, education as
| 21 | | required by law, or medical or other remedial care | 22 | | recognized under
State law as necessary for a minor's | 23 | | well-being, or other care necessary
for his or her | 24 | | well-being, including adequate food, clothing and shelter,
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| 1 | | or who is abandoned by his or her parent or parents or | 2 | | other person or persons responsible for
the minor's | 3 | | welfare, except that a minor shall not be considered | 4 | | neglected
for the sole reason that the minor's parent or | 5 | | parents or other person or persons responsible for the
| 6 | | minor's welfare have left the minor in the care of an adult | 7 | | relative for any
period of time, who the parent or parents | 8 | | or other person responsible for the minor's welfare know | 9 | | is both a mentally capable adult relative and physically | 10 | | capable adult relative, as defined by this Act; or | 11 | | (b) any minor under 18 years of age or a minor 18 years | 12 | | of age or older for whom the court has made a finding of | 13 | | probable cause to believe that the minor is abused, | 14 | | neglected, or dependent under subsection (1) of Section | 15 | | 2-10 prior to the minor's 18th birthday whose environment | 16 | | is injurious
to his or her welfare; or | 17 | | (c) any newborn infant whose blood, urine, or meconium
| 18 | | contains any amount of a
controlled substance as defined | 19 | | in subsection (f) of Section 102 of the
Illinois | 20 | | Controlled Substances Act, as now or hereafter amended, or | 21 | | a
metabolite of a controlled substance, with the exception | 22 | | of controlled
substances or metabolites of such | 23 | | substances, the presence of which in the
newborn infant is | 24 | | the result of medical treatment administered to the
mother | 25 | | or the newborn infant; or | 26 | | (d) any minor under the age of 14 years whose parent or |
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| 1 | | other person
responsible for the minor's welfare leaves | 2 | | the minor without
supervision for an unreasonable period | 3 | | of time without regard for the mental or
physical health, | 4 | | safety, or welfare of that minor; or | 5 | | (e) any minor who has been provided with interim | 6 | | crisis intervention
services under Section 3-5 of this Act | 7 | | and whose parent, guardian, or custodian
refuses to permit | 8 | | the minor to return home unless the minor is an immediate | 9 | | physical danger to himself, herself, or others living in | 10 | | the home.
| 11 | | Whether the minor was left without regard for the mental | 12 | | or physical health,
safety, or welfare of that minor or the | 13 | | period of time was unreasonable shall
be determined by | 14 | | considering the following factors, including but not limited
| 15 | | to: | 16 | | (1) the age of the minor; | 17 | | (2) the number of minors left at the location; | 18 | | (3) special needs of the minor, including whether the | 19 | | minor is a person with a physical or mental disability, or | 20 | | otherwise in need of ongoing prescribed medical
treatment | 21 | | such as periodic doses of insulin or other medications; | 22 | | (4) the duration of time in which the minor was left | 23 | | without supervision; | 24 | | (5) the condition and location of the place where the | 25 | | minor was left
without supervision; | 26 | | (6) the time of day or night when the minor was left |
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| 1 | | without supervision; | 2 | | (7) the weather conditions, including whether the | 3 | | minor was left in a
location with adequate protection from | 4 | | the natural elements such as adequate
heat or light; | 5 | | (8) the location of the parent or guardian at the time | 6 | | the minor was left
without supervision, the physical | 7 | | distance the minor was from the parent or
guardian at the | 8 | | time the minor was without supervision; | 9 | | (9) whether the minor's movement was restricted, or | 10 | | the minor was
otherwise locked within a room or other | 11 | | structure; | 12 | | (10) whether the minor was given a phone number of a | 13 | | person or location to
call in the event of an emergency and | 14 | | whether the minor was capable of making
an emergency call; | 15 | | (11) whether there was food and other provision left | 16 | | for the minor; | 17 | | (12) whether any of the conduct is attributable to | 18 | | economic hardship or
illness and the parent, guardian or | 19 | | other person having physical custody or
control of the | 20 | | child made a good faith effort to provide for the health | 21 | | and
safety of the minor; | 22 | | (13) the age and physical and mental capabilities of | 23 | | the person or persons
who provided supervision for the | 24 | | minor; | 25 | | (14) whether the minor was left under the supervision | 26 | | of another person; |
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| 1 | | (15) any other factor that would endanger the health | 2 | | and safety of that
particular minor. | 3 | | A minor shall not be considered neglected for the sole | 4 | | reason that the
minor has been relinquished in accordance with | 5 | | the Abandoned Newborn Infant
Protection Act. | 6 | | (1.5) A minor whose basic needs are met and who is of | 7 | | sufficient age and maturity to avoid harm or unreasonable risk | 8 | | of harm shall not be considered neglected on the sole basis | 9 | | that the minor has been permitted to engage in independent | 10 | | activities, including: | 11 | | (a) traveling to and from school, including by | 12 | | walking, running, or bicycling; | 13 | | (b) traveling to and from nearby commercial or | 14 | | recreational activities; | 15 | | (c) engaging in outdoor play; | 16 | | (d) remaining in a vehicle unattended, except as | 17 | | otherwise provided by law; | 18 | | (e) remaining at home unattended; or | 19 | | (f) engaging in a similar independent activity. | 20 | | Whether the minor's basic needs are met and the minor is of | 21 | | sufficient age and maturity level to avoid harm and | 22 | | unreasonable risk of harm shall be determined by considering | 23 | | the factors listed in items (1) through (15) of subsection (1) | 24 | | in addition to any other relevant considerations. | 25 | | (2) Those who are abused include any minor under 18 years | 26 | | of age or a minor 18 years of age or older for whom the court |
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| 1 | | has made a finding of probable cause to believe that the minor | 2 | | is abused, neglected, or dependent under subsection (1) of | 3 | | Section 2-10 prior to the minor's 18th birthday whose
parent | 4 | | or immediate family member, or any person responsible
for the | 5 | | minor's welfare, or any person who is in the same family or | 6 | | household
as the minor, or any individual residing in the same | 7 | | home as the minor, or
a paramour of the minor's parent: | 8 | | (i) inflicts, causes to be inflicted, or allows to be | 9 | | inflicted upon
such minor physical injury, by other than | 10 | | accidental means, which causes death,
disfigurement, | 11 | | impairment of physical or emotional health, or loss or
| 12 | | impairment of any bodily function; | 13 | | (ii) creates a substantial risk of physical injury to | 14 | | such minor by
other than accidental means which would be | 15 | | likely to cause death,
disfigurement, impairment of | 16 | | emotional health, or loss or impairment of any
bodily | 17 | | function; | 18 | | (iii) commits or allows to be committed any sex | 19 | | offense against such
minor, as such sex offenses are | 20 | | defined in the Criminal Code of 1961 or the Criminal Code | 21 | | of 2012, or in the Wrongs to Children Act, and extending | 22 | | those definitions of sex offenses to include minors
under | 23 | | 18 years of age; | 24 | | (iv) commits or allows to be committed an act or acts | 25 | | of torture upon
such minor; | 26 | | (v) inflicts excessive corporal punishment; |
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| 1 | | (vi) commits or allows to be committed the offense of | 2 | | involuntary servitude, involuntary sexual servitude of a | 3 | | minor, or trafficking in persons as defined in Section | 4 | | 10-9 of the Criminal Code of 1961 or the Criminal Code of | 5 | | 2012, upon such minor; or | 6 | | (vii) allows, encourages or requires a minor to commit | 7 | | any act of prostitution, as defined in the Criminal Code | 8 | | of 1961 or the Criminal Code of 2012, and extending those | 9 | | definitions to include minors under 18 years of age. | 10 | | A minor shall not be considered abused for the sole reason | 11 | | that the minor
has been relinquished in accordance with the | 12 | | Abandoned Newborn Infant
Protection Act. | 13 | | (3) This Section does not apply to a minor who would be | 14 | | included
herein solely for the purpose of qualifying for | 15 | | financial assistance for
himself, his parents, guardian or | 16 | | custodian. | 17 | | (4) The changes made by this amendatory Act of the 101st | 18 | | General Assembly apply to a case that is pending on or after | 19 | | the effective date of this amendatory Act of the 101st General | 20 | | Assembly. | 21 | | (Source: P.A. 101-79, eff. 7-12-19.) | 22 | | Section 15. The Criminal Code of 2012 is amended by | 23 | | changing Section 12C-10 as follows:
| 24 | | (720 ILCS 5/12C-10)
(was 720 ILCS 5/12-21.5)
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| 1 | | Sec. 12C-10. Child abandonment.
| 2 | | (a) A person commits child abandonment when he or
she, as a | 3 | | parent, guardian, or other person having physical custody or | 4 | | control
of a child, without regard for the mental or physical | 5 | | health, safety, or
welfare of that child, knowingly leaves | 6 | | that child who is under the age of 12 13
without supervision by | 7 | | a responsible person over the age of 14 for a period of
24 | 8 | | hours or more. It is not a violation of this Section for a | 9 | | person to relinquish a child in accordance with the
Abandoned | 10 | | Newborn Infant Protection Act.
| 11 | | (b) For the purposes of determining whether the child was | 12 | | left without
regard for the mental or physical health, safety, | 13 | | or welfare of that child, the
trier of fact shall consider the | 14 | | following factors:
| 15 | | (1) the age of the child;
| 16 | | (2) the number of children left at the location;
| 17 | | (3) special needs of the child, including whether the | 18 | | child is a person with a physical or mental disability, or | 19 | | otherwise in need of ongoing prescribed medical
treatment | 20 | | such as periodic doses of insulin or other medications;
| 21 | | (4) the duration of time in which the child was left | 22 | | without supervision;
| 23 | | (5) the condition and location of the place where the | 24 | | child was left
without supervision;
| 25 | | (6) the time of day or night when the child was left | 26 | | without supervision;
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| 1 | | (7) the weather conditions, including whether the | 2 | | child was left in a
location with adequate protection from | 3 | | the natural elements such as adequate
heat or light;
| 4 | | (8) the location of the parent, guardian, or other | 5 | | person having physical
custody or control of the child at | 6 | | the time the child was left without
supervision, the | 7 | | physical distance the child was from the parent, guardian, | 8 | | or
other person having physical custody or control of the | 9 | | child at the time the
child was without supervision;
| 10 | | (9) whether the child's movement was restricted, or | 11 | | the child was
otherwise locked within a room or other | 12 | | structure;
| 13 | | (10) whether the child was given a phone number of a | 14 | | person
or location to call in the event of an emergency and | 15 | | whether the child was
capable of making an emergency call;
| 16 | | (11) whether there was food and other provision left | 17 | | for the child;
| 18 | | (12) whether any of the conduct is attributable to | 19 | | economic hardship or
illness and the parent, guardian or | 20 | | other person having physical custody or
control of the | 21 | | child made a good faith effort to provide for the health | 22 | | and
safety of the child;
| 23 | | (13) the age and physical and mental capabilities of | 24 | | the person or persons
who provided supervision for the | 25 | | child;
| 26 | | (14) any other factor that would endanger the health |
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| 1 | | or safety of that
particular child;
| 2 | | (15) whether the child was left under the supervision | 3 | | of another person.
| 4 | | (c) Child abandonment is a Class 4 felony. A second or | 5 | | subsequent offense
after a prior conviction is a Class 3 | 6 | | felony. A parent, who is found to be in violation of this | 7 | | Section with respect to his or her child, may be sentenced to | 8 | | probation for this offense pursuant to Section 12C-15.
| 9 | | (Source: P.A. 98-756, eff. 7-16-14; 99-143, eff. 7-27-15.)".
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