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1 | AN ACT concerning children.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Abused and Neglected Child Reporting Act is | ||||||||||||||||||||||||
5 | amended by changing Section 3 as follows:
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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 | "Blatant disregard" means an incident where the real, | ||||||||||||||||||||||||
16 | significant, and imminent risk of harm would be so obvious to a | ||||||||||||||||||||||||
17 | reasonable parent or caretaker that it is unlikely that a | ||||||||||||||||||||||||
18 | reasonable parent or caretaker would have exposed the child to | ||||||||||||||||||||||||
19 | the danger without exercising precautionary measures to | ||||||||||||||||||||||||
20 | protect the child from harm. | ||||||||||||||||||||||||
21 | "Child" means any person under the age of 18 years, unless | ||||||||||||||||||||||||
22 | legally
emancipated by reason of marriage or entry into a | ||||||||||||||||||||||||
23 | branch of the United
States armed services. |
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1 | "Department" means Department of Children and Family | ||||||
2 | Services. | ||||||
3 | "Local law enforcement agency" means the police of a city, | ||||||
4 | town,
village or other incorporated area or the sheriff of an | ||||||
5 | unincorporated
area or any sworn officer of the Illinois | ||||||
6 | Department of State Police. | ||||||
7 | "Abused child"
means a child whose parent or immediate | ||||||
8 | family
member,
or any person responsible for the child's | ||||||
9 | welfare, or any individual
residing in the same home as the | ||||||
10 | child, or a paramour of the child's parent: | ||||||
11 | (a) inflicts, causes to be inflicted, or allows to be
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12 | inflicted upon
such child physical injury, by other than | ||||||
13 | accidental means, which causes
death, disfigurement, | ||||||
14 | impairment of physical or
emotional health, or loss or | ||||||
15 | impairment of any bodily function; | ||||||
16 | (b) creates a substantial risk of physical injury to | ||||||
17 | such
child by
other than accidental means which would be | ||||||
18 | likely to cause death,
disfigurement, impairment of | ||||||
19 | physical or emotional health, or loss or
impairment of any | ||||||
20 | bodily function; | ||||||
21 | (c) commits or allows to be committed any sex offense | ||||||
22 | against
such child,
as such sex offenses are defined in the | ||||||
23 | Criminal Code of 2012 or in the Wrongs to Children Act,
and | ||||||
24 | extending those definitions of sex offenses to include | ||||||
25 | children under
18 years of age and adult residents as | ||||||
26 | defined in this Act ; |
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1 | (d) commits or allows to be committed an act or acts of
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2 | torture upon
such child; | ||||||
3 | (e) inflicts excessive corporal punishment; | ||||||
4 | (f) commits or allows to be committed
the offense of
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5 | female
genital mutilation, as defined in Section 12-34 of | ||||||
6 | the Criminal Code of
2012, against the child; | ||||||
7 | (g) causes to be sold, transferred, distributed, or | ||||||
8 | given to
such child
under 18 years of age, a controlled | ||||||
9 | substance as defined in Section 102 of the
Illinois | ||||||
10 | Controlled Substances Act in violation of Article IV of the | ||||||
11 | Illinois
Controlled Substances Act or in violation of the | ||||||
12 | Methamphetamine Control and Community Protection Act, | ||||||
13 | except for controlled substances that are prescribed
in | ||||||
14 | accordance with Article III of the Illinois Controlled | ||||||
15 | Substances Act and
are dispensed to such child in a manner | ||||||
16 | that substantially complies with the
prescription; or | ||||||
17 | (h) commits or allows to be committed the offense of | ||||||
18 | involuntary servitude, involuntary sexual servitude of a | ||||||
19 | minor, or trafficking in persons as defined in Section 10-9 | ||||||
20 | of the Criminal Code of 2012 against the child. | ||||||
21 | A child shall not be considered abused for the sole reason | ||||||
22 | that the child
has been relinquished in accordance with the | ||||||
23 | Abandoned Newborn Infant
Protection Act. | ||||||
24 | "Neglected child" means any child who is not receiving the | ||||||
25 | proper or
necessary nourishment or medically indicated | ||||||
26 | treatment including food or care
not provided solely on the |
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1 | basis of the present or anticipated mental or
physical | ||||||
2 | impairment as determined by a physician acting alone or in
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3 | consultation with other physicians or otherwise is not | ||||||
4 | receiving the proper or
necessary support or medical or other | ||||||
5 | remedial care recognized under State law
as necessary for a | ||||||
6 | child's well-being, or other care necessary for his or her
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7 | well-being, including adequate food, clothing and shelter; or | ||||||
8 | who is subjected to an environment which is injurious insofar | ||||||
9 | as (i) the child's environment creates a likelihood of harm to | ||||||
10 | the child's health, physical well-being, or welfare and (ii) | ||||||
11 | the likely harm to the child is the result of a blatant | ||||||
12 | disregard of parent or caretaker responsibilities; or who is | ||||||
13 | abandoned
by his or her parents or other person responsible for | ||||||
14 | the child's welfare
without a proper plan of care; or who has | ||||||
15 | been provided with interim crisis intervention services under
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16 | Section 3-5 of
the Juvenile Court Act of 1987 and whose parent, | ||||||
17 | guardian, or custodian refuses to
permit
the child to return | ||||||
18 | home and no other living arrangement agreeable
to the parent, | ||||||
19 | guardian, or custodian can be made, and the parent, guardian, | ||||||
20 | or custodian has not made any other appropriate living | ||||||
21 | arrangement for the child; or who is a newborn infant whose | ||||||
22 | blood, urine,
or meconium
contains any amount of a controlled | ||||||
23 | substance as defined in subsection (f) of
Section 102 of the | ||||||
24 | Illinois Controlled Substances Act or a metabolite thereof,
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25 | with the exception of a controlled substance or metabolite | ||||||
26 | thereof whose
presence in the newborn infant is the result of |
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1 | medical treatment administered
to the mother or the newborn | ||||||
2 | infant. A child shall not be considered neglected
for the sole | ||||||
3 | reason that the child's parent or other person responsible for | ||||||
4 | his
or her welfare has left the child in the care of an adult | ||||||
5 | relative for any
period of time. A child shall not be | ||||||
6 | considered neglected for the sole reason
that the child has | ||||||
7 | been relinquished in accordance with the Abandoned Newborn
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8 | Infant Protection Act. A child shall not be considered | ||||||
9 | neglected or abused
for the
sole reason that such child's | ||||||
10 | parent or other person responsible for his or her
welfare | ||||||
11 | depends upon spiritual means through prayer alone for the | ||||||
12 | treatment or
cure of disease or remedial care as provided under | ||||||
13 | Section 4 of this Act. A
child shall not be considered | ||||||
14 | neglected or abused solely because the child is
not attending | ||||||
15 | school in accordance with the requirements of Article 26 of The
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16 | School Code, as amended. | ||||||
17 | "Child Protective Service Unit" means certain specialized | ||||||
18 | State employees of
the Department assigned by the Director to | ||||||
19 | perform the duties and
responsibilities as provided under | ||||||
20 | Section 7.2 of this Act. | ||||||
21 | "Person responsible for the child's welfare" means the | ||||||
22 | child's parent;
guardian; foster parent; relative caregiver; | ||||||
23 | any person responsible for the
child's welfare in a public or | ||||||
24 | private residential agency or institution; any
person | ||||||
25 | responsible for the child's welfare within a public or private | ||||||
26 | profit or
not for profit child care facility; or any other |
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1 | person responsible for the
child's welfare at the time of the | ||||||
2 | alleged abuse or neglect, including any person that is the | ||||||
3 | custodian of a child under 18 years of age who commits or | ||||||
4 | allows to be committed, against the child, the offense of | ||||||
5 | involuntary servitude, involuntary sexual servitude of a | ||||||
6 | minor, or trafficking in persons for forced labor or services, | ||||||
7 | as provided in Section 10-9 of the Criminal Code of 2012, or | ||||||
8 | any person who
came to know the child through an official | ||||||
9 | capacity or position of trust,
including but not limited to | ||||||
10 | health care professionals, educational personnel,
recreational | ||||||
11 | supervisors, members of the clergy, and volunteers or
support | ||||||
12 | personnel in any setting
where children may be subject to abuse | ||||||
13 | or neglect. | ||||||
14 | "Temporary protective custody" means custody within a | ||||||
15 | hospital or
other medical facility or a place previously | ||||||
16 | designated for such custody
by the Department, subject to | ||||||
17 | review by the Court, including a licensed
foster home, group | ||||||
18 | home, or other institution; but such place shall not
be a jail | ||||||
19 | or other place for the detention of criminal or juvenile | ||||||
20 | offenders. | ||||||
21 | "An unfounded report" means any report made under this Act | ||||||
22 | for which
it is determined after an investigation that no | ||||||
23 | credible evidence of
abuse or neglect exists. | ||||||
24 | "An indicated report" means a report made under this Act if | ||||||
25 | an
investigation determines that credible evidence of the | ||||||
26 | alleged
abuse or neglect exists. |
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1 | "An undetermined report" means any report made under this | ||||||
2 | Act in
which it was not possible to initiate or complete an | ||||||
3 | investigation on
the basis of information provided to the | ||||||
4 | Department. | ||||||
5 | "Subject of report" means any child reported to the central | ||||||
6 | register
of child abuse and neglect established under Section | ||||||
7 | 7.7 of this Act as an alleged victim of child abuse or neglect | ||||||
8 | and
the parent or guardian of the alleged victim or other | ||||||
9 | person responsible for the alleged victim's welfare who is | ||||||
10 | named in the report or added to the report as an alleged | ||||||
11 | perpetrator of child abuse or neglect. | ||||||
12 | "Perpetrator" means a person who, as a result of | ||||||
13 | investigation, has
been determined by the Department to have | ||||||
14 | caused child abuse or neglect. | ||||||
15 | "Member of the clergy" means a clergyman or practitioner of | ||||||
16 | any religious
denomination accredited by the religious body to | ||||||
17 | which he or she belongs. | ||||||
18 | (Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10; | ||||||
19 | 96-1464, eff. 8-20-10; 97-333, eff. 8-12-11; 97-803, eff. | ||||||
20 | 7-13-12; 97-897, eff. 1-1-13; 97-1063, eff. 8-24-12; 97-1150, | ||||||
21 | eff. 1-25-13.)
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