Public Act 097-0803
 
SB2849 EnrolledLRB097 16744 KTG 61919 b


  
    AN ACT concerning 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: 
    "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.
    "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. 
    "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, 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;
        (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;
        (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 for forced labor or 
    services as defined in Section 10-9 of the Criminal Code of 
    1961 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 or caretaker 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.
    "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 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. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10; 
96-1464, eff. 8-20-10; 97-333, eff. 8-12-11.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.