| ![](/https/www.ilga.gov/images/1ptrans.gif) |
Public Act 096-1196 Public Act 1196 96TH GENERAL ASSEMBLY |
Public Act 096-1196 | SB2605 Enrolled | LRB096 15565 KTG 30796 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:
| "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 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
| 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; 95-443, eff. 1-1-08.)
|
Effective Date: 1/1/2011
|
|
|