Public Act 100-0733
 
SB3223 EnrolledLRB100 18621 KTG 33846 b


  
    AN ACT concerning children.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    (20 ILCS 515/45 rep.)
    Section 5. The Child Death Review Team Act is amended  by 
repealing Section 45.
 
    Section 10. The Abused and Neglected Child Reporting Act is 
amended  by changing Section 3 and by adding Section 11.9 as 
follows:
 
    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
    Sec. 3. As used in this Act unless the context otherwise 
requires: 
    "Adult resident" means any person between 18 and 22 years 
of age who resides in any facility licensed by the Department 
under the Child Care Act of 1969. For purposes of this Act, the 
criteria set forth in the definitions of  "abused child" and 
"neglected child" shall be used in determining whether an adult 
resident is abused or neglected.
    "Agency" means a child care facility licensed under Section 
2.05 or Section 2.06 of the Child Care Act of 1969 and includes 
a transitional living program that accepts children and adult 
residents for placement who are in the guardianship of the 
Department. 
    "Blatant disregard" means an incident where the real, 
significant, and imminent risk of harm would be so obvious to a 
reasonable parent or caretaker that it is unlikely that a 
reasonable parent or caretaker would have exposed the child to 
the danger without exercising precautionary measures to 
protect the child from harm. With respect to a person working 
at an agency in his or her professional capacity with a child 
or adult resident, "blatant disregard" includes a failure by 
the person to perform job responsibilities intended to protect 
the child's or adult resident's health, physical well-being, or 
welfare, and, when viewed in light of the surrounding 
circumstances, evidence exists that would cause a reasonable 
person to believe that the child was neglected.  With respect to 
an agency, "blatant disregard" includes a failure to implement 
practices that ensure the health, physical well-being, or 
welfare of the children and adult residents residing in the 
facility. 
    "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 2012 or in the Wrongs to Children Act,
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 or, in the 
    case of a person working for an agency who is prohibited 
    from using corporal punishment, inflicts corporal 
    punishment upon a child or adult resident with whom the 
    person is working in his or her professional capacity;  
        (f) commits or allows to be committed
the offense of

    female
genital mutilation, as defined in Section 12-34 of 
    the Criminal Code of
2012, against the child;
        (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; or
        (h) commits or allows to be committed the offense of 
    involuntary servitude, involuntary sexual servitude of a 
    minor, or trafficking in persons as defined in Section 10-9 
    of the Criminal Code of 2012 against the child. 
    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 subjected to an environment which is injurious insofar 
as (i) the child's environment creates a likelihood of harm to 
the child's health, physical well-being, or welfare and (ii) 
the likely harm to the child is the result of a blatant 
disregard of parent, caretaker, or agency responsibilities; 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.
    "Near fatality" means an act that, as certified by a 
physician, places the child in serious or critical condition,  
including  acts of great bodily harm inflicted upon children 
under 13 years of age, and as otherwise defined by Department 
rule. 
    "Great bodily harm" includes bodily injury which creates a 
high probability of death, or which causes serious permanent 
disfigurement, or which causes a permanent or protracted loss 
or impairment of the function of any bodily member or organ, or 
other serious bodily harm. 
    "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, including 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 Section 10-9 of the Criminal Code of 2012, 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 as an alleged victim of child abuse or neglect 
and
the parent or guardian of the alleged victim or other 
person responsible for the alleged victim's welfare who is 
named in the report or added to the report as an alleged 
perpetrator of child abuse or neglect.
    "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. 99-350, eff. 6-1-16.)
 
    (325 ILCS 5/11.9 new)
    Sec. 11.9. Child Death Investigation Task Force; 
establishment.
    (a) The Department of Children and Family Services shall, 
from funds appropriated by the General Assembly to the 
Department for this purpose, or from funds that may otherwise 
be provided for this purpose from other public or private 
sources, establish a Child Death Investigation Task Force to 
operate in the Southern Region of the State and in other 
regions at the discretion of the Director of the Department. 
The Child Death Investigation Task Force shall develop and 
implement a plan for the investigation of sudden, unexpected, 
or unexplained child fatalities or near fatalities of children 
under 18 years of age occurring within that region, as may be 
further defined in Department rule and procedure.  The plan must 
include provisions for local or State law enforcement agencies, 
the Department, hospitals, and coroners to promptly notify the 
Task Force of a sudden, unexpected, or unexplained child 
fatality or near fatality of a child, and for the Task Force to 
review and investigate the notification. The investigation 
shall include coordination among members of a 
multidisciplinary team, including local or State law 
enforcement agencies, the Department, hospitals, coroners, the 
appropriate State's Attorney's Office, and the appropriate 
children's advocacy center.  The plan must also include 
provisions for training members of each multidisciplinary team 
on the various components of the investigation of fatalities or 
near fatalities of children. The Task Force shall maintain case 
tracking and related case information for activations. 
Information shall be shared and reviewed by the Task Force's 
Board of Directors. The plan must be submitted in writing and 
approved by the Board of Directors. 
    (b) The Child Death Investigation Task Force shall be 
governed by a Board of Directors composed of, but not limited 
to, an approved representative from each of the following 
agencies or groups: the Department of Children and Family 
Services, the Southern Illinois Police Chiefs' Association, 
the Illinois Coroners and Medical Examiners Association, the 
Illinois State's Attorneys Association, the Illinois Sheriffs' 
Association, the Illinois State Police, the Child Advocacy 
Centers of Illinois, and the Illinois Law Enforcement Training 
Standards Board. The Board of Directors shall have the 
authority to organize itself and adopt bylaws and to appoint, 
assign, and elect members and leaders, and shall determine the 
voting rights of its members.  The Board of Directors shall 
determine all major policies and establish all necessary 
principles and procedures of the Task Force. The Board of 
Directors shall meet 4 times a year or as called for in the 
bylaws of the organization. 
    (c) The State shall indemnify and hold harmless members of 
the Child Death Investigation Task Force and the Board of 
Directors for all their acts, omissions, decisions, or other 
conduct arising out of the scope of their service on the Task 
Force or Board, except those involving willful or wanton 
misconduct. The method of providing indemnification shall be as 
provided in the State Employee Indemnification Act.