Illinois General Assembly - Full Text of Public Act 095-0443
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Public Act 095-0443


 

Public Act 0443 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0443
 
SB0108 Enrolled LRB095 00631 RLC 20631 b

    AN ACT in relation to children.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Abused and Neglected Child Reporting Act is
amended by changing Section 3 as follows:
 
    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
    Sec. 3. As used in this Act unless the context otherwise
requires:
    "Child" means any person under the age of 18 years, unless
legally emancipated by reason of marriage or entry into a
branch of the United States armed services.
    "Department" means Department of Children and Family
Services.
    "Local law enforcement agency" means the police of a city,
town, village or other incorporated area or the sheriff of an
unincorporated area or any sworn officer of the Illinois
Department of State Police.
    "Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's
welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:
        (a) inflicts, causes to be inflicted, or allows to be
    inflicted upon such child physical injury, by other than
    accidental means, which causes death, disfigurement,
    impairment of physical or emotional health, or loss or
    impairment of any bodily function;
        (b) creates a substantial risk of physical injury to
    such child by other than accidental means which would be
    likely to cause death, disfigurement, impairment of
    physical or emotional health, or loss or impairment of any
    bodily function;
        (c) commits or allows to be committed any sex offense
    against such child, as such sex offenses are defined in the
    Criminal Code of 1961, as amended, and extending those
    definitions of sex offenses to include children under 18
    years of age;
        (d) commits or allows to be committed an act or acts of
    torture upon such child;
        (e) inflicts excessive corporal punishment;
        (f) commits or allows to be committed the offense of
    female genital mutilation, as defined in Section 12-34 of
    the Criminal Code of 1961, against the child; or
        (g) causes to be sold, transferred, distributed, or
    given to such child under 18 years of age, a controlled
    substance as defined in Section 102 of the Illinois
    Controlled Substances Act in violation of Article IV of the
    Illinois Controlled Substances Act or in violation of the
    Methamphetamine Control and Community Protection Act,
    except for controlled substances that are prescribed in
    accordance with Article III of the Illinois Controlled
    Substances Act and are dispensed to such child in a manner
    that substantially complies with the prescription.
    A child shall not be considered abused for the sole reason
that the child has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act.
    "Neglected child" means any child who is not receiving the
proper or necessary nourishment or medically indicated
treatment including food or care not provided solely on the
basis of the present or anticipated mental or physical
impairment as determined by a physician acting alone or in
consultation with other physicians or otherwise is not
receiving the proper or necessary support or medical or other
remedial care recognized under State law as necessary for a
child's well-being, or other care necessary for his or her
well-being, including adequate food, clothing and shelter; or
who is abandoned by his or her parents or other person
responsible for the child's welfare without a proper plan of
care; or who has been provided with interim crisis intervention
services under Section 3-5 of the Juvenile Court Act of 1987
and whose parent, guardian, or custodian refuses to permit the
child to return home and no other living arrangement agreeable
to the parent, guardian, or custodian can be made, and the
parent, guardian, or custodian has not made any other
appropriate living arrangement for the child; or who is a
newborn infant whose blood, urine, or meconium contains any
amount of a controlled substance as defined in subsection (f)
of Section 102 of the Illinois Controlled Substances Act or a
metabolite thereof, with the exception of a controlled
substance or metabolite thereof whose presence in the newborn
infant is the result of medical treatment administered to the
mother or the newborn infant. A child shall not be considered
neglected for the sole reason that the child's parent or other
person responsible for his or her welfare has left the child in
the care of an adult relative for any period of time. A child
shall not be considered neglected for the sole reason that the
child has been relinquished in accordance with the Abandoned
Newborn Infant Protection Act. A child shall not be considered
neglected or abused for the sole reason that such child's
parent or other person responsible for his or her welfare
depends upon spiritual means through prayer alone for the
treatment or cure of disease or remedial care as provided under
Section 4 of this Act. A child shall not be considered
neglected or abused solely because the child is not attending
school in accordance with the requirements of Article 26 of The
School Code, as amended.
    "Child Protective Service Unit" means certain specialized
State employees of the Department assigned by the Director to
perform the duties and responsibilities as provided under
Section 7.2 of this Act.
    "Person responsible for the child's welfare" means the
child's parent; guardian; foster parent; relative caregiver;
any person responsible for the child's welfare in a public or
private residential agency or institution; any person
responsible for the child's welfare within a public or private
profit or not for profit child care facility; or any other
person responsible for the child's welfare at the time of the
alleged abuse or neglect, or any person who came to know the
child through an official capacity or position of trust,
including but not limited to health care professionals,
educational personnel, recreational supervisors, members of
the clergy, and volunteers or support personnel in any setting
where children may be subject to abuse or neglect.
    "Temporary protective custody" means custody within a
hospital or other medical facility or a place previously
designated for such custody by the Department, subject to
review by the Court, including a licensed foster home, group
home, or other institution; but such place shall not be a jail
or other place for the detention of criminal or juvenile
offenders.
    "An unfounded report" means any report made under this Act
for which it is determined after an investigation that no
credible evidence of abuse or neglect exists.
    "An indicated report" means a report made under this Act if
an investigation determines that credible evidence of the
alleged abuse or neglect exists.
    "An undetermined report" means any report made under this
Act in which it was not possible to initiate or complete an
investigation on the basis of information provided to the
Department.
    "Subject of report" means any child reported to the central
register of child abuse and neglect established under Section
7.7 of this Act and his or her parent, guardian or other person
responsible who is also named in the report.
    "Perpetrator" means a person who, as a result of
investigation, has been determined by the Department to have
caused child abuse or neglect.
    "Member of the clergy" means a clergyman or practitioner of
any religious denomination accredited by the religious body to
which he or she belongs.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    Section 10. The Juvenile Court Act of 1987 is amended by
changing Sections 2-3 and 3-5 as follows:
 
    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
    Sec. 2-3. Neglected or abused minor.
    (1) Those who are neglected include:
        (a) any minor under 18 years of age who is not
    receiving the proper or necessary support, education as
    required by law, or medical or other remedial care
    recognized under State law as necessary for a minor's
    well-being, or other care necessary for his or her
    well-being, including adequate food, clothing and shelter,
    or who is abandoned by his or her parents or other person
    responsible for the minor's welfare, except that a minor
    shall not be considered neglected for the sole reason that
    the minor's parent or other person responsible for the
    minor's welfare has left the minor in the care of an adult
    relative for any period of time; or
        (b) any minor under 18 years of age whose environment
    is injurious to his or her welfare; or
        (c) any newborn infant whose blood, urine, or meconium
    contains any amount of a controlled substance as defined in
    subsection (f) of Section 102 of the Illinois Controlled
    Substances Act, as now or hereafter amended, or a
    metabolite of a controlled substance, with the exception of
    controlled substances or metabolites of such substances,
    the presence of which in the newborn infant is the result
    of medical treatment administered to the mother or the
    newborn infant; or
        (d) any minor under the age of 14 years whose parent or
    other person responsible for the minor's welfare leaves the
    minor without supervision for an unreasonable period of
    time without regard for the mental or physical health,
    safety, or welfare of that minor; or .
        (e) any minor who has been provided with interim crisis
    intervention services under Section 3-5 of this Act and
    whose parent, guardian, or custodian refuses to permit the
    minor to return home unless the minor is an immediate
    physical danger to himself, herself, or others living in
    the home.
    Whether the minor was left without regard for the mental or
physical health, safety, or welfare of that minor or the period
of time was unreasonable shall be determined by considering the
following factors, including but not limited to:
        (1) the age of the minor;
        (2) the number of minors left at the location;
        (3) special needs of the minor, including whether the
    minor is physically or mentally handicapped, or otherwise
    in need of ongoing prescribed medical treatment such as
    periodic doses of insulin or other medications;
        (4) the duration of time in which the minor was left
    without supervision;
        (5) the condition and location of the place where the
    minor was left without supervision;
        (6) the time of day or night when the minor was left
    without supervision;
        (7) the weather conditions, including whether the
    minor was left in a location with adequate protection from
    the natural elements such as adequate heat or light;
        (8) the location of the parent or guardian at the time
    the minor was left without supervision, the physical
    distance the minor was from the parent or guardian at the
    time the minor was without supervision;
        (9) whether the minor's movement was restricted, or the
    minor was otherwise locked within a room or other
    structure;
        (10) whether the minor was given a phone number of a
    person or location to call in the event of an emergency and
    whether the minor was capable of making an emergency call;
        (11) whether there was food and other provision left
    for the minor;
        (12) whether any of the conduct is attributable to
    economic hardship or illness and the parent, guardian or
    other person having physical custody or control of the
    child made a good faith effort to provide for the health
    and safety of the minor;
        (13) the age and physical and mental capabilities of
    the person or persons who provided supervision for the
    minor;
        (14) whether the minor was left under the supervision
    of another person;
        (15) any other factor that would endanger the health
    and safety of that particular minor.
    A minor shall not be considered neglected for the sole
reason that the minor has been relinquished in accordance with
the Abandoned Newborn Infant Protection Act.
    (2) Those who are abused include any minor under 18 years
of age whose parent or immediate family member, or any person
responsible for the minor's welfare, or any person who is in
the same family or household as the minor, or any individual
residing in the same home as the minor, or a paramour of the
minor's parent:
        (i) inflicts, causes to be inflicted, or allows to be
    inflicted upon such minor physical injury, by other than
    accidental means, which causes death, disfigurement,
    impairment of physical or emotional health, or loss or
    impairment of any bodily function;
        (ii) creates a substantial risk of physical injury to
    such minor by other than accidental means which would be
    likely to cause death, disfigurement, impairment of
    emotional health, or loss or impairment of any bodily
    function;
        (iii) commits or allows to be committed any sex offense
    against such minor, as such sex offenses are defined in the
    Criminal Code of 1961, as amended, and extending those
    definitions of sex offenses to include minors under 18
    years of age;
        (iv) commits or allows to be committed an act or acts
    of torture upon such minor; or
        (v) inflicts excessive corporal punishment.
    A minor shall not be considered abused for the sole reason
that the minor has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act.
    (3) This Section does not apply to a minor who would be
included herein solely for the purpose of qualifying for
financial assistance for himself, his parents, guardian or
custodian.
(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
 
    (705 ILCS 405/3-5)  (from Ch. 37, par. 803-5)
    Sec. 3-5. Interim crisis intervention services. (a) Any
minor who is taken into limited custody, or who independently
requests or is referred for assistance, may be provided crisis
intervention services by an agency or association, as defined
in this Act, provided the association or agency staff (i)
immediately investigate the circumstances of the minor and the
facts surrounding the minor being taken into custody and
promptly explain these facts and circumstances to the minor,
and (ii) make a reasonable effort to inform the minor's parent,
guardian or custodian of the fact that the minor has been taken
into limited custody and where the minor is being kept, and
(iii) if the minor consents, make a reasonable effort to
transport, arrange for the transportation of, or otherwise
release the minor to the parent, guardian or custodian. Upon
release of the child who is believed to need or benefit from
medical, psychological, psychiatric or social services, the
association or agency may inform the minor and the person to
whom the minor is released of the nature and location of
appropriate services and shall, if requested, assist in
establishing contact between the family and other associations
or agencies providing such services. If the agency or
association is unable by all reasonable efforts to contact a
parent, guardian or custodian, or if the person contacted lives
an unreasonable distance away, or if the minor refuses to be
taken to his or her home or other appropriate residence, or if
the agency or association is otherwise unable despite all
reasonable efforts to make arrangements for the safe return of
the minor, the minor may be taken to a temporary living
arrangement which is in compliance with the Child Care Act of
1969 or which is with persons agreed to by the parents and the
agency or association.
    (b) An agency or association is authorized to permit a
minor to be sheltered in a temporary living arrangement
provided the agency seeks to effect the minor's return home or
alternative living arrangements agreeable to the minor and the
parent, guardian or custodian as soon as practicable. No minor
shall be sheltered in a temporary living arrangement for more
than 48 hours, excluding Saturdays, Sundays, and
court-designated holidays, when the agency has reported the
minor as neglected or abused because the parent, guardian, or
custodian refuses to permit the child to return home, provided
that in all other instances the minor may be sheltered when the
agency obtains the consent of the parent, guardian, or
custodian or documents its unsuccessful efforts to obtain the
consent or authority of the parent, guardian, or custodian,
including recording the date and the staff involved in all
telephone calls, telegrams, letters, and personal contacts to
obtain the consent or authority, in which instances the minor
may be so sheltered for not more than 21 days. If the parent,
guardian or custodian refuses to permit the minor to return
home, and no other living arrangement agreeable to the minor
and the parent, guardian, or custodian can be made, and the
parent, guardian, or custodian has not made any other
appropriate living arrangement for the child, the agency may
deem the minor to be neglected and report the neglect to the
Department of Children and Family Services as provided in the
Abused and Neglected Child Reporting Act. The Child Protective
Service Unit of the Department of Children and Family Services
shall begin an investigation of the report within 24 hours
after receiving the report and shall determine whether to shall
file a petition alleging that the minor is neglected or abused
as described in Section 2-3 of this Act. Subject to
appropriation, the Department may take the minor into temporary
protective custody at any time after receiving the report,
provided that the Department shall take temporary protective
custody within 48 hours of receiving the report if its
investigation is not completed. If the Department of Children
and Family Services determines that the minor is not a
neglected minor because the minor is an immediate physical
danger to himself, herself, or others living in the home, then
the Department shall take immediate steps to either secure the
minor's immediate admission to a mental health facility,
arrange for law enforcement authorities to take temporary
custody of the minor as a delinquent minor, or take other
appropriate action to assume protective custody in order to
safeguard the minor or others living in the home from immediate
physical danger. No minor shall be sheltered in a temporary
living arrangement for more than 48 hours, excluding Saturdays,
Sundays and court-designated holidays, without parental
consent unless the agency documents its unsuccessful efforts to
contact a parent or guardian, including recording the date and
time and staff involved in all telephone calls, telegrams,
letters, and personal contacts to obtain the consent or
authority, in which case the minor may be so sheltered for not
more than 21 days.
    (c) Any agency or association or employee thereof acting
reasonably and in good faith in the care of a minor being
provided interim crisis intervention services and shelter care
shall be immune from any civil or criminal liability resulting
from such care.
(Source: P.A. 85-601.)

Effective Date: 1/1/2008