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90_HB1426
20 ILCS 515/10
20 ILCS 515/20
325 ILCS 5/3 from Ch. 23, par. 2053
325 ILCS 5/7.21
705 ILCS 405/2-3 from Ch. 37, par. 802-3
Amends the Child Death Review Team Act. Provides that
"child" means any person under 18 years of age and not
emancipated by marriage or entry into the United States armed
services and that a Child Death Review Team shall review a
child's death not later than 90 days following the completion
of the DCFS investigation, the law enforcement investigation,
the inquest, or the medical examiner's report, whichever is
later, rather than 90 days following the child's death.
Amends the Abused and Neglected Child Reporting Act.
Provides that multidisciplinary review committees
established to review "unfounded" reports where a mandated
reporter has concerns about the investigation shall draw upon
the expertise of the Child Death Review Teams as necessary
and practicable, rather than serve under the auspices of
those teams. Amends the Abused and Neglected Child Reporting
Act and the Juvenile Court Act of 1987 to include in the
definition of neglected child those newborn infants whose
meconium contains any amount of a controlled substance as
defined in the Illinois Controlled Substances Act. Makes
other changes. Effective immediately.
LRB9002518SMpk
LRB9002518SMpk
1 AN ACT regarding abused and neglected children.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Child Death Review Team Act is amended by
5 changing Sections 10 and 20 as follows:
6 (20 ILCS 515/10)
7 Sec. 10. Definitions. As used in this Act, unless the
8 context requires otherwise:
9 "Child" means any person under the age of 18 years unless
10 legally emancipated by reason of marriage or entry into a
11 branch of the United States armed services.
12 "Department" means the Department of Children and Family
13 Services.
14 "Director" means the Director of Children and Family
15 Services.
16 (Source: P.A. 88-614, eff. 9-7-94.)
17 (20 ILCS 515/20)
18 Sec. 20. Reviews of child deaths.
19 (a) Every child death shall be reviewed by the team in
20 the subregion which has primary case management
21 responsibility. The deceased child must be one of the
22 following A child death review team shall review every death
23 of a child that occurs in the subregion served by that team
24 in which the deceased child was any of the following:
25 (1) A ward of the Department.
26 (2) The subject of an open service case maintained
27 by the Department.
28 (3) The subject of a pending child abuse or neglect
29 investigation.
30 (4) A child who was the subject of an abuse or
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1 neglect investigation at any time during the 12 months
2 preceding the child's death.
3 A child death review team may, at its discretion, review
4 other sudden, unexpected, or unexplained child deaths.
5 (b) A child death review team's purpose in conducting
6 reviews of child deaths is to do the following:
7 (1) Assist in determining the cause and manner of
8 the child's death, when requested.
9 (2) Evaluate means by which the death might have
10 been prevented.
11 (3) Report its findings to appropriate agencies and
12 make recommendations that may help to reduce the number
13 of child deaths caused by abuse or neglect.
14 (4) Promote continuing education for professionals
15 involved in investigating, treating, and preventing child
16 abuse and neglect as a means of preventing child deaths
17 due to abuse or neglect.
18 (5) Make specific recommendations to the Director
19 and the Inspector General of the Department concerning
20 the prevention of child deaths due to abuse or neglect
21 and the establishment of protocols for investigating
22 child deaths.
23 (c) A child death review team shall review a child death
24 as soon as practical and not later than 90 days following the
25 completion of the DCFS investigation, the law enforcement
26 investigation, the inquest, or the medical examiner's report,
27 whichever is later the child's death. A child death review
28 team shall meet at least once in each calendar quarter.
29 (d) The Director shall, within 90 days, review and reply
30 to recommendations made by a team under item (5) of
31 subsection (b). The Director shall implement recommendations
32 as feasible and appropriate and shall respond in writing to
33 explain the implementation or nonimplementation of the
34 recommendations.
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1 (Source: P.A. 88-614, eff. 9-7-94.)
2 Section 10. The Abused and Neglected Child Reporting Act
3 is amended by changing Section 3 and 7.21 as follows:
4 (325 ILCS 5/3) (from Ch. 23, par. 2053)
5 Sec. 3. As used in this Act unless the context otherwise
6 requires:
7 "Child" means any person under the age of 18 years,
8 unless legally emancipated by reason of marriage or entry
9 into a branch of the United States armed services.
10 "Department" means Department of Children and Family
11 Services.
12 "Local law enforcement agency" means the police of a
13 city, town, village or other incorporated area or the sheriff
14 of an unincorporated area or any sworn officer of the
15 Illinois Department of State Police.
16 "Abused child" means a child whose parent or immediate
17 family member, or any person responsible for the child's
18 welfare, or any individual residing in the same home as the
19 child, or a paramour of the child's parent:
20 a. inflicts, causes to be inflicted, or allows to
21 be inflicted upon such child physical injury, by other
22 than accidental means, which causes death, disfigurement,
23 impairment of physical or emotional health, or loss or
24 impairment of any bodily function;
25 b. creates a substantial risk of physical injury to
26 such child by other than accidental means which would be
27 likely to cause death, disfigurement, impairment of
28 physical or emotional health, or loss or impairment of
29 any bodily function;
30 c. commits or allows to be committed any sex
31 offense against such child, as such sex offenses are
32 defined in the Criminal Code of 1961, as amended, and
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1 extending those definitions of sex offenses to include
2 children under 18 years of age;
3 d. commits or allows to be committed an act or acts
4 of torture upon such child; or
5 e. inflicts excessive corporal punishment.
6 "Neglected child" means any child who is not receiving
7 the proper or necessary nourishment or medically indicated
8 treatment including food or care not provided solely on the
9 basis of the present or anticipated mental or physical
10 impairment as determined by a physician acting alone or in
11 consultation with other physicians or otherwise is not
12 receiving the proper or necessary support or medical or other
13 remedial care recognized under State law as necessary for a
14 child's well-being, or other care necessary for his or her
15 well-being, including adequate food, clothing and shelter; or
16 who is abandoned by his or her parents or other person
17 responsible for the child's welfare without a proper plan of
18 care; or who is a newborn infant whose blood, or urine, or
19 meconium contains any amount of a controlled substance as
20 defined in subsection (f) of Section 102 of the Illinois
21 Controlled Substances Act or a metabolite thereof, with the
22 exception of a controlled substance or metabolite thereof
23 whose presence in the newborn infant is the result of medical
24 treatment administered to the mother or the newborn infant. A
25 child shall not be considered neglected for the sole reason
26 that the child's parent or other person responsible for his
27 or her welfare has left the child in the care of an adult
28 relative for any period of time. A child shall not be
29 considered neglected or abused for the sole reason that such
30 child's parent or other person responsible for his or her
31 welfare depends upon spiritual means through prayer alone for
32 the treatment or cure of disease or remedial care as provided
33 under Section 4 of this Act. A child shall not be considered
34 neglected or abused solely because the child is not attending
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1 school in accordance with the requirements of Article 26 of
2 The School Code, as amended.
3 "Child Protective Service Unit" means certain specialized
4 State employees of the Department assigned by the Director to
5 perform the duties and responsibilities as provided under
6 Section 7.2 of this Act.
7 "Person responsible for the child's welfare" means the
8 child's parent; guardian; foster parent; relative caregiver;
9 any person responsible for the child's welfare in a public or
10 private residential agency or institution; any person
11 responsible for the child's welfare within a public or
12 private profit or not for profit child care facility; or any
13 other person responsible for the child's welfare at the time
14 of the alleged abuse or neglect, or any person who came to
15 know the child through an official capacity or position of
16 trust, including but not limited to health care
17 professionals, educational personnel, recreational
18 supervisors, and volunteers or support personnel in any
19 setting where children may be subject to abuse or neglect.
20 "Temporary protective custody" means custody within a
21 hospital or other medical facility or a place previously
22 designated for such custody by the Department, subject to
23 review by the Court, including a licensed foster home, group
24 home, or other institution; but such place shall not be a
25 jail or other place for the detention of criminal or juvenile
26 offenders.
27 "An unfounded report" means any report made under this
28 Act for which it is determined after an investigation that no
29 credible evidence of abuse or neglect exists.
30 "An indicated report" means a report made under this Act
31 if an investigation determines that credible evidence of the
32 alleged abuse or neglect exists.
33 "An undetermined report" means any report made under this
34 Act in which it was not possible to initiate or complete an
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1 investigation on the basis of information provided to the
2 Department.
3 "Subject of report" means any child reported to the
4 central register of child abuse and neglect established under
5 Section 7.7 of this Act and his or her parent, guardian or
6 other person responsible who is also named in the report.
7 "Perpetrator" means a person who, as a result of
8 investigation, has been determined by the Department to have
9 caused child abuse or neglect.
10 (Source: P.A. 88-85; 89-21, eff. 7-1-95.)
11 (325 ILCS 5/7.21)
12 Sec. 7.21. Multidisciplinary Review Committee.
13 (a) The Department may establish multidisciplinary
14 review committees in each region of the State to assure that
15 mandated reporters have the ability to have a review
16 conducted on any situation where a child abuse or neglect
17 report made by them was "unfounded", and they have concerns
18 about the adequacy of the investigation. These committees
19 shall draw upon the expertise of the Child Death Review Teams
20 as necessary and practicable. These committees will serve
21 under the auspices of the Child Death Review Teams. Each
22 committee will be composed of the following: a health care
23 professional, a Department employee, a law enforcement
24 official, a licensed social worker, and a representative of
25 the State's attorney's office. In appointing members of a
26 committee, primary consideration shall be given to a
27 prospective member's prior experience in dealing with cases
28 of suspected child abuse or neglect.
29 (b) Whenever the Department determines that a reported
30 incident of child abuse or neglect from a mandated reporter
31 is "unfounded", the mandated reporter may request a review of
32 the investigation within 10 days of the notification of the
33 final finding. This review will be conducted by the
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1 committee. The Department shall make available to the
2 committee all information in the Department's possession
3 concerning the case. The committee shall make
4 recommendations to the Department as to the adequacy of the
5 investigation and of the accuracy of the final finding
6 determination. These findings shall be forwarded to the
7 Regional Child Protection Manager.
8 (c) The Department shall provide complete records of
9 these investigations to the committee. Records provided to
10 the committee and recommendation reports generated by the
11 committee shall not be public record.
12 (d) The Department shall adopt rules to implement this
13 Section.
14 (Source: P.A. 89-269, eff. 1-1-96.)
15 Section 15. The Juvenile Court Act of 1987 is amended by
16 changing Section 2-3 as follows:
17 (705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
18 Sec. 2-3. Neglected or abused minor.
19 (1) Those who are neglected include:
20 (a) any minor under 18 years of age who is not
21 receiving the proper or necessary support, education as
22 required by law, or medical or other remedial care
23 recognized under State law as necessary for a minor's
24 well-being, or other care necessary for his or her
25 well-being, including adequate food, clothing and
26 shelter, or who is abandoned by his or her parents or
27 other person responsible for the minor's welfare, except
28 that a minor shall not be considered neglected for the
29 sole reason that the minor's parent or other person
30 responsible for the minor's welfare has left the minor in
31 the care of an adult relative for any period of time; or
32 (b) any minor under 18 years of age whose
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1 environment is injurious to his or her welfare; or
2 (c) any newborn infant whose blood, or urine, or
3 meconium contains any amount of a controlled substance as
4 defined in subsection (f) of Section 102 of the Illinois
5 Controlled Substances Act, as now or hereafter amended,
6 or a metabolite of a controlled substance, with the
7 exception of controlled substances or metabolites of such
8 substances, the presence of which in the newborn infant
9 is the result of medical treatment administered to the
10 mother or the newborn infant; or
11 (d) any minor under the age of 14 years whose
12 parent or other person responsible for the minor's
13 welfare leaves the minor without supervision for an
14 unreasonable period of time without regard for the mental
15 or physical health, safety, or welfare of that minor.
16 Whether the minor was left without regard for the mental
17 or physical health, safety, or welfare of that minor or the
18 period of time was unreasonable shall be determined by
19 considering the following factors, including but not limited
20 to:
21 (1) the age of the minor;
22 (2) the number of minors left at the location;
23 (3) special needs of the minor, including whether
24 the minor is physically or mentally handicapped, or
25 otherwise in need of ongoing prescribed medical treatment
26 such as periodic doses of insulin or other medications;
27 (4) the duration of time in which the minor was
28 left without supervision;
29 (5) the condition and location of the place where
30 the minor was left without supervision;
31 (6) the time of day or night when the minor was
32 left without supervision;
33 (7) the weather conditions, including whether the
34 minor was left in a location with adequate protection
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1 from the natural elements such as adequate heat or light;
2 (8) the location of the parent or guardian at the
3 time the minor was left without supervision, the physical
4 distance the minor was from the parent or guardian at the
5 time the minor was without supervision;
6 (9) whether the minor's movement was restricted, or
7 the minor was otherwise locked within a room or other
8 structure;
9 (10) whether the minor was given a phone number of
10 a person or location to call in the event of an emergency
11 and whether the minor was capable of making an emergency
12 call;
13 (11) whether there was food and other provision
14 left for the minor;
15 (12) whether any of the conduct is attributable to
16 economic hardship or illness and the parent, guardian or
17 other person having physical custody or control of the
18 child made a good faith effort to provide for the health
19 and safety of the minor;
20 (13) the age and physical and mental capabilities
21 of the person or persons who provided supervision for the
22 minor;
23 (14) whether the minor was left under the
24 supervision of another person;
25 (15) any other factor that would endanger the
26 health and safety of that particular minor.
27 (2) Those who are abused include any minor under 18
28 years of age whose parent or immediate family member, or any
29 person responsible for the minor's welfare, or any person who
30 is in the same family or household as the minor, or any
31 individual residing in the same home as the minor, or a
32 paramour of the minor's parent:
33 (i) inflicts, causes to be inflicted, or
34 allows to be inflicted upon such minor physical
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1 injury, by other than accidental means, which causes
2 death, disfigurement, impairment of physical or
3 emotional health, or loss or impairment of any
4 bodily function;
5 (ii) creates a substantial risk of physical
6 injury to such minor by other than accidental means
7 which would be likely to cause death, disfigurement,
8 impairment of emotional health, or loss or
9 impairment of any bodily function;
10 (iii) commits or allows to be committed any
11 sex offense against such minor, as such sex offenses
12 are defined in the Criminal Code of 1961, as
13 amended, and extending those definitions of sex
14 offenses to include minors under 18 years of age;
15 (iv) commits or allows to be committed an act
16 or acts of torture upon such minor; or
17 (v) inflicts excessive corporal punishment.
18 (3) This Section does not apply to a minor who would be
19 included herein solely for the purpose of qualifying for
20 financial assistance for himself, his parents, guardian or
21 custodian.
22 (Source: P.A. 88-85; 88-479; 88-670, eff. 12-2-94; 89-21,
23 eff. 7-1-95.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.