Full Text of HB4006 97th General Assembly
HB4006 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4006 Introduced 1/18/2012, by Rep. Sara Feigenholtz SYNOPSIS AS INTRODUCED: |
| 325 ILCS 5/3 | from Ch. 23, par. 2053 |
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Amends the Abused and Neglected Child Reporting Act. Expands the definition of the term "person responsible for the child's welfare" to include any person that is the custodian of a child under 18 years of age who commits or allows to be committed, against the child, the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services, as provided in the Criminal Code of 1961. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning children.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Abused and Neglected Child Reporting Act is | 5 | | amended 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 | 8 | | requires: | 9 | | "Adult resident" means any person between 18 and 22 years | 10 | | of age who resides in any facility licensed by the Department | 11 | | under the Child Care Act of 1969. For purposes of this Act, the | 12 | | criteria set forth in the definitions of "abused child" and | 13 | | "neglected child" shall be used in determining whether an adult | 14 | | resident is abused or neglected. | 15 | | "Child" means any person under the age of 18 years, unless | 16 | | legally
emancipated by reason of marriage or entry into a | 17 | | branch of the United
States armed services. | 18 | | "Department" means Department of Children and Family | 19 | | Services. | 20 | | "Local law enforcement agency" means the police of a city, | 21 | | town,
village or other incorporated area or the sheriff of an | 22 | | unincorporated
area or any sworn officer of the Illinois | 23 | | Department of State Police. |
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| 1 | | "Abused child"
means a child whose parent or immediate | 2 | | family
member,
or any person responsible for the child's | 3 | | welfare, or any individual
residing in the same home as the | 4 | | child, or a paramour of the child's parent: | 5 | | (a) inflicts, causes to be inflicted, or allows to be
| 6 | | inflicted upon
such child physical injury, by other than | 7 | | accidental means, which causes
death, disfigurement, | 8 | | impairment of physical or
emotional health, or loss or | 9 | | impairment of any bodily function; | 10 | | (b) creates a substantial risk of physical injury to | 11 | | such
child by
other than accidental means which would be | 12 | | likely to cause death,
disfigurement, impairment of | 13 | | physical or emotional health, or loss or
impairment of any | 14 | | bodily function; | 15 | | (c) commits or allows to be committed any sex offense | 16 | | against
such child,
as such sex offenses are defined in the | 17 | | Criminal Code of 1961, as amended, or in the Wrongs to | 18 | | Children Act,
and extending those definitions of sex | 19 | | offenses to include children under
18 years of age; | 20 | | (d) commits or allows to be committed an act or acts of
| 21 | | torture upon
such child; | 22 | | (e) inflicts excessive corporal punishment; | 23 | | (f) commits or allows to be committed
the offense of
| 24 | | female
genital mutilation, as defined in Section 12-34 of | 25 | | the Criminal Code of
1961, against the child; | 26 | | (g) causes to be sold, transferred, distributed, or |
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| 1 | | given to
such child
under 18 years of age, a controlled | 2 | | substance as defined in Section 102 of the
Illinois | 3 | | Controlled Substances Act in violation of Article IV of the | 4 | | Illinois
Controlled Substances Act or in violation of the | 5 | | Methamphetamine Control and Community Protection Act, | 6 | | except for controlled substances that are prescribed
in | 7 | | accordance with Article III of the Illinois Controlled | 8 | | Substances Act and
are dispensed to such child in a manner | 9 | | that substantially complies with the
prescription; or | 10 | | (h) commits or allows to be committed the offense of | 11 | | involuntary servitude, involuntary sexual servitude of a | 12 | | minor, or trafficking in persons for forced labor or | 13 | | services as defined in Section 10-9 of the Criminal Code of | 14 | | 1961 against the child. | 15 | | A child shall not be considered abused for the sole reason | 16 | | that the child
has been relinquished in accordance with the | 17 | | Abandoned Newborn Infant
Protection Act. | 18 | | "Neglected child" means any child who is not receiving the | 19 | | proper or
necessary nourishment or medically indicated | 20 | | treatment including food or care
not provided solely on the | 21 | | basis of the present or anticipated mental or
physical | 22 | | impairment as determined by a physician acting alone or in
| 23 | | consultation with other physicians or otherwise is not | 24 | | receiving the proper or
necessary support or medical or other | 25 | | remedial care recognized under State law
as necessary for a | 26 | | child's well-being, or other care necessary for his or her
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| 1 | | well-being, including adequate food, clothing and shelter; or | 2 | | who is abandoned
by his or her parents or other person | 3 | | responsible for the child's welfare
without a proper plan of | 4 | | care; or who has been provided with interim crisis intervention | 5 | | services under
Section 3-5 of
the Juvenile Court Act of 1987 | 6 | | and whose parent, guardian, or custodian refuses to
permit
the | 7 | | child to return home and no other living arrangement agreeable
| 8 | | to the parent, guardian, or custodian can be made, and the | 9 | | parent, guardian, or custodian has not made any other | 10 | | appropriate living arrangement for the child; or who is a | 11 | | newborn infant whose blood, urine,
or meconium
contains any | 12 | | amount of a controlled substance as defined in subsection (f) | 13 | | of
Section 102 of the Illinois Controlled Substances Act or a | 14 | | metabolite thereof,
with the exception of a controlled | 15 | | substance or metabolite thereof whose
presence in the newborn | 16 | | infant is the result of medical treatment administered
to the | 17 | | mother or the newborn infant. A child shall not be considered | 18 | | neglected
for the sole reason that the child's parent or other | 19 | | person responsible for his
or her welfare has left the child in | 20 | | the care of an adult relative for any
period of time. A child | 21 | | shall not be considered neglected for the sole reason
that the | 22 | | child has been relinquished in accordance with the Abandoned | 23 | | Newborn
Infant Protection Act. A child shall not be considered | 24 | | neglected or abused
for the
sole reason that such child's | 25 | | parent or other person responsible for his or her
welfare | 26 | | depends upon spiritual means through prayer alone for the |
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| 1 | | treatment or
cure of disease or remedial care as provided under | 2 | | Section 4 of this Act. A
child shall not be considered | 3 | | neglected or abused solely because the child is
not attending | 4 | | school in accordance with the requirements of Article 26 of The
| 5 | | School Code, as amended. | 6 | | "Child Protective Service Unit" means certain specialized | 7 | | State employees of
the Department assigned by the Director to | 8 | | perform the duties and
responsibilities as provided under | 9 | | Section 7.2 of this Act. | 10 | | "Person responsible for the child's welfare" means the | 11 | | child's parent;
guardian; foster parent; relative caregiver; | 12 | | any person responsible for the
child's welfare in a public or | 13 | | private residential agency or institution; any
person | 14 | | responsible for the child's welfare within a public or private | 15 | | profit or
not for profit child care facility; or any other | 16 | | person responsible for the
child's welfare at the time of the | 17 | | alleged abuse or neglect, including any person that is the | 18 | | custodian of a child under 18 years of age who commits or | 19 | | allows to be committed, against the child, the offense of | 20 | | involuntary servitude, involuntary sexual servitude of a | 21 | | minor, or trafficking in persons for forced labor or services, | 22 | | as provided in Section 10-9 of the Criminal Code of 1961, or | 23 | | any person who
came to know the child through an official | 24 | | capacity or position of trust,
including but not limited to | 25 | | health care professionals, educational personnel,
recreational | 26 | | supervisors, members of the clergy, and volunteers or
support |
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| 1 | | personnel in any setting
where children may be subject to abuse | 2 | | or neglect. | 3 | | "Temporary protective custody" means custody within a | 4 | | hospital or
other medical facility or a place previously | 5 | | designated for such custody
by the Department, subject to | 6 | | review by the Court, including a licensed
foster home, group | 7 | | home, or other institution; but such place shall not
be a jail | 8 | | or other place for the detention of criminal or juvenile | 9 | | offenders. | 10 | | "An unfounded report" means any report made under this Act | 11 | | for which
it is determined after an investigation that no | 12 | | credible evidence of
abuse or neglect exists. | 13 | | "An indicated report" means a report made under this Act if | 14 | | an
investigation determines that credible evidence of the | 15 | | alleged
abuse or neglect exists. | 16 | | "An undetermined report" means any report made under this | 17 | | Act in
which it was not possible to initiate or complete an | 18 | | investigation on
the basis of information provided to the | 19 | | Department. | 20 | | "Subject of report" means any child reported to the central | 21 | | register
of child abuse and neglect established under Section | 22 | | 7.7 of this Act as an alleged victim of child abuse or neglect | 23 | | and
the parent or guardian of the alleged victim or other | 24 | | person responsible for the alleged victim's welfare who is | 25 | | named in the report or added to the report as an alleged | 26 | | perpetrator of child abuse or neglect. |
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| 1 | | "Perpetrator" means a person who, as a result of | 2 | | investigation, has
been determined by the Department to have | 3 | | caused child abuse or neglect. | 4 | | "Member of the clergy" means a clergyman or practitioner of | 5 | | any religious
denomination accredited by the religious body to | 6 | | which he or she belongs. | 7 | | (Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10; | 8 | | 96-1464, eff. 8-20-10; 97-333, eff. 8-12-11.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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