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| Public Act 096-1196 | ||||
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AN ACT concerning children.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Abused and Neglected Child Reporting Act is | ||||
amended by changing Section 3 as follows:
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(325 ILCS 5/3) (from Ch. 23, par. 2053)
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Sec. 3. As used in this Act unless the context otherwise | ||||
requires:
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"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.
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"Department" means Department of Children and Family | ||||
Services.
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"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.
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"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:
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(a) inflicts, causes to be inflicted, or allows to be
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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;
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(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;
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(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;
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(d) commits or allows to be committed an act or acts of
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torture upon
such child;
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(e) inflicts excessive corporal punishment;
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(f) commits or allows to be committed
the offense of
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female
genital mutilation, as defined in Section 12-34 of | ||
the Criminal Code of
1961, against the child; or
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(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.
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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.
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"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
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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
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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
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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
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School Code, as amended.
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"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.
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"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,
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including but not limited to health care professionals, | ||
educational personnel,
recreational supervisors, members of | ||
the clergy, and volunteers or
support personnel in any setting
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where children may be subject to abuse or neglect.
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"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.
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"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.
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"An indicated report" means a report made under this Act if | ||
an
investigation determines that credible evidence of the | ||
alleged
abuse or neglect exists.
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"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.
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"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 his or her 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 other person responsible
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who is also named in the report.
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"Perpetrator" means a person who, as a result of | ||
investigation, has
been determined by the Department to have | ||
caused child abuse or neglect.
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"Member of the clergy" means a clergyman or practitioner of | ||
any religious
denomination accredited by the religious body to | ||
which he or she belongs.
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(Source: P.A. 94-556, eff. 9-11-05; 95-443, eff. 1-1-08.)
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