ABUSE-UMBILICAL CORD TISSUE
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SB 1870 — ABUSE-UMBILICAL CORD TISSUE
Last action — Session Sine Die
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 100th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Amends the Abused and Neglected Child Reporting Act and the Juvenile Court Act of 1987. Expands the definition of "neglected child" under both Acts to include a child whose umbilical cord tissue contains any amount of a controlled substance as defined in a specified provision of the Illinois Controlled Substances Act or a metabolite thereof. Provides that nothing in the new provisions is intended to limit the type of medically reliable testing that can establish that a controlled substance or metabolite thereof is present in a newborn infant. Further amends the Juvenile Court Act of 1987 by providing that proof that a newborn infant's umbilical cord tissue contains any amount of a controlled substance as defined under the Illinois Controlled Substances Act, or a metabolite of a controlled substance, constitutes prima facie evidence of abuse or neglect. Amends the Adoption Act. Includes as a ground of unfitness under the definition of "unfit person" a finding that at birth the child's umbilical cord tissue contained any amount of a controlled substance as defined under the Illinois Controlled Substances Act or a metabolite thereof. Provides that nothing in the new provision is intended to limit the type of medically reliable testing that can establish that a controlled substance or metabolite thereof is present in a newborn infant. Effective immediately.
Bill Text
What changed in the latest version
38 added · 71 removedPlain-language change summary
The recent amendments to Bill SB 1870 make several significant updates. Primarily, they expand the definition of a "neglected child" to include any infant with umbilical cord tissue that tests positive for controlled substances or their metabolites. This change is important because it establishes clear criteria for identifying potential neglect and reinforces the ability to use such test results as evidence in abuse or neglect cases. Additionally, the amendments clarify that the methods of testing for these substances will remain broader and unspecified, which can help ensure that reliable medical practices are used in these assessments.
*LRB10008013KTG18095b* SB1870 100THEngrossed GENERALLRB100 ASSEMBLY08013 StateKTG of18095 Illinoisb andAN 2018ACT SB1870concerning Introducedchildren. 2/9/2017, by Sen.
Omar Aquino SYNOPSIS AS INTRODUCED:
ILCS 5/3 from Ch.
23, par.
2053 ILCS 405/2-3 from Ch.
37, par.
802-3 ILCS 405/2-18 from Ch.
37, par.
802-18 ILCS 50/1 from Ch.
40, par.
1501 Amends the Abused and Neglected Child Reporting Act and the Juvenile Court Act of 1987.
Expands the definition of "neglected child" under both Acts to include a child whose umbilical cord tissue contains any amount of a controlled substance as defined in a specified provision of the Illinois Controlled Substances Act or a metabolite thereof.
Provides that nothing in the new provisions is intended to limit the type of medically reliable testing that can establish that a controlled substance or metabolite thereof is present in a newborn infant.
Further amends the Juvenile Court Act of 1987 by providing that proof that a newborn infant's umbilical cord tissue contains any amount of a controlled substance as defined under the Illinois Controlled Substances Act, or a metabolite of a controlled substance, constitutes prima facie evidence of abuse or neglect.
Amends the Adoption Act.
Includes as a ground of unfitness under the definition of "unfit person" a finding that at birth the child's umbilical cord tissue contained any amount of a controlled substance as defined under the Illinois Controlled Substances Act or a metabolite thereof.
Provides that nothing in the new provision is intended to limit the type of medically reliable testing that can establish that a controlled substance or metabolite thereof is present in a newborn infant.
Effective immediately.
LRB100 08013 KTG 18095 b A BILL FOR SB1870 LRB100 08013 KTG 18095 b AN ACT concerning children.
"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 SB1870 Engrossed - 2 - LRB100 08013 KTG 18095 b the danger without exercising precautionary measures to protect the child from harm.
SB1870 Engrossed - 3 - LRB100 08013 KTG 18095 b (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;
(g) causes to be sold, transferred, distributed, or SB1870 Engrossed - 4 - LRB100 08013 KTG 18095 b 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 SB1870 Engrossed - 5 - LRB100 08013 KTG 18095 b 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;
A child shall not be considered neglected for the sole reason that the child's parent or other person SB1870 Engrossed - 6 - LRB100 08013 KTG 18095 b responsible for his or her welfare has left the child in the care of an adult relative for any period of time.
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 SB1870 Engrossed - 7 - LRB100 08013 KTG 18095 b 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.
"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 SB1870 Engrossed - 8 - LRB100 08013 KTG 18095 b Department.
(a) any minor under 18 years of age who is not receiving the proper or necessary support, education as required by law, or medical or other remedial care recognized under State law as necessary for a minor's SB1870 Engrossed - 9 - LRB100 08013 KTG 18095 b 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 parent or parents or other person or persons responsible for the minor's welfare, except that a minor shall not be considered neglected for the sole reason that the minor's parent or parents or other person or persons responsible for the minor's welfare have left the minor in the care of an adult relative for any period of time, who the parent or parents or other person responsible for the minor's welfare know is both a mentally capable adult relative and physically capable adult relative, as defined by this Act;
nothing in this paragraph (c) is intended to limit the type of medically reliable testing that can establish that a controlled substance or metabolite thereof is present in a SB1870 Engrossed - 10 - LRB100 08013 KTG 18095 b newborn infant;
SB1870 Engrossed - 11 - LRB100 08013 KTG 18095 b (6) the time of day or night when the minor was left without supervision;
(14) whether the minor was left under the supervision SB1870 Engrossed - 12 - LRB100 08013 KTG 18095 b of another person;
(iii) commits or allows to be committed any sex offense against such minor, as such sex offenses are defined in the Criminal Code of 1961 or the Criminal Code of 2012, or in the Wrongs to Children Act, and extending those definitions SB1870 Engrossed - 13 - LRB100 08013 KTG 18095 b of sex offenses to include minors under 18 years of age;
(1) At the adjudicatory hearing, the court shall first consider only the question whether the minor is abused, SB1870 Engrossed - 14 - LRB100 08013 KTG 18095 b neglected or dependent.
(e) proof of injuries sustained by a minor or of the condition of a minor of such a nature as would ordinarily not be sustained or exist except by reason of the acts or omissions of the parent, custodian or guardian of such minor shall be prima facie evidence of abuse or neglect, as SB1870 Engrossed - 15 - LRB100 08013 KTG 18095 b the case may be;
(h) proof that a newborn infant's umbilical cord tissue, 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 of a controlled substance, with the exception of controlled substances or metabolites of those substances, the presence of which is the result of medical treatment administered to the mother or the newborn, is prime facie SB1870 Engrossed - 16 - LRB100 08013 KTG 18095 b evidence of neglect;
(3) In any hearing under this Act, proof of the abuse, SB1870 Engrossed - 17 - LRB100 08013 KTG 18095 b neglect or dependency of one minor shall be admissible evidence on the issue of the abuse, neglect or dependency of any other minor for whom the respondent is responsible.
All other circumstances of the making of the memorandum, record, photograph or x-ray, including lack of personal knowledge of the maker, may be proved to affect the SB1870 Engrossed - 18 - LRB100 08013 KTG 18095 b weight to be accorded such evidence, but shall not affect its admissibility.
SB1870 Engrossed - 19 - LRB100 08013 KTG 18095 b (5) In any hearing under this Act alleging neglect for failure to provide education as required by law under subsection (1) of Section 2-3, proof that a minor under 13 years of age who is subject to compulsory school attendance under the School Code is a chronic truant as defined under the School Code shall be prima facie evidence of neglect by the parent or guardian in any hearing under this Act and proof that a minor who is 13 years of age or older who is subject to compulsory school attendance under the School Code is a chronic truant shall raise a rebuttable presumption of neglect by the parent or guardian.
SB1870 Engrossed - 20 - LRB100 08013 KTG 18095 b (750 ILCS 50/1) (from Ch.
or (3) the order terminating SB1870 Engrossed - 21 - LRB100 08013 KTG 18095 b the parental rights of the parent is vacated by a court of competent jurisdiction.
SB1870 Engrossed - 22 - LRB100 08013 KTG 18095 b (e) Extreme or repeated cruelty to the child.
Show all 56 changed lines (16 more)
provided that in making a finding of unfitness the court hearing the adoption proceeding shall not be bound by any SB1870 Engrossed - 23 - LRB100 08013 KTG 18095 b previous finding, order or judgment affecting or determining the rights of the parents toward the child sought to be adopted in any other proceeding except such proceedings terminating parental rights as shall be had under either this Act, the Juvenile Court Act or the Juvenile Court Act of 1987.
(5) predatory criminal sexual assault of a child in violation of Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 SB1870 Engrossed - 24 - LRB100 08013 KTG 18095 b or the Criminal Code of 2012;
(k) Habitual drunkenness or addiction to drugs, other than those prescribed by a physician, for at least one year immediately prior to the commencement of the unfitness SB1870 Engrossed - 25 - LRB100 08013 KTG 18095 b proceeding.
(m) Failure by a parent (i) to make reasonable efforts to correct the conditions that were the basis for the removal of the child from the parent during any 9-month period following the adjudication of neglected or abused minor under Section 2-3 of the Juvenile Court Act of 1987 or dependent minor under Section 2-4 of that Act, or (ii) to make reasonable progress toward the return of the child to the parent during any 9-month period following the SB1870 Engrossed - 26 - LRB100 08013 KTG 18095 b adjudication of neglected or abused minor under Section 2-3 of the Juvenile Court Act of 1987 or dependent minor under Section 2-4 of that Act.
SB1870 Engrossed - 27 - LRB100 08013 KTG 18095 b (m-1) (Blank).
provided that the ground for termination provided in this subparagraph (n)(2)(ii) shall only be available where the SB1870 Engrossed - 28 - LRB100 08013 KTG 18095 b petition is brought by the mother or the husband of the mother.
SB1870 Engrossed - 29 - LRB100 08013 KTG 18095 b (p) Inability to discharge parental responsibilities supported by competent evidence from a psychiatrist, licensed clinical social worker, or clinical psychologist of mental impairment, mental illness or an intellectual disability as defined in Section 1-116 of the Mental Health and Developmental Disabilities Code, or developmental disability as defined in Section 1-106 of that Code, and there is sufficient justification to believe that the inability to discharge parental responsibilities shall extend beyond a reasonable time period.
SB1870 Engrossed - 30 - LRB100 08013 KTG 18095 b (s) The child is in the temporary custody or guardianship of the Department of Children and Family Services, the parent is incarcerated at the time the petition or motion for termination of parental rights is filed, the parent has been repeatedly incarcerated as a result of criminal convictions, and the parent's repeated incarceration has prevented the parent from discharging his or her parental responsibilities for the child.
Nothing in the preceding sentence is intended to limit the type of medically reliable testing that can establish that a controlled substance or metabolite thereof is present in SB1870 Engrossed - 31 - LRB100 08013 KTG 18095 b a newborn infant.
SB1870 Engrossed - 32 - LRB100 08013 KTG 18095 b (c-1) a child for whom a parent has signed a specific consent pursuant to subsection O of Section 10;
SB1870 Engrossed - 33 - LRB100 08013 KTG 18095 b M.
(c) commits or allows to be committed any sex offense against the child, as sex offenses are defined in the SB1870 Engrossed - 34 - LRB100 08013 KTG 18095 b Criminal Code of 2012 and extending those definitions of sex offenses to include children under 18 years of age;
A child shall not be considered neglected or abused for the sole reason that the child's parent or other person responsible for the child's welfare failed to vaccinate, SB1870 Engrossed - 35 - LRB100 08013 KTG 18095 b delayed vaccination, or refused vaccination for the child due to a waiver on religious or medical grounds as permitted by law.
SB1870 Engrossed - 36 - LRB100 08013 KTG 18095 b V.
The definition in this subsection X shall not be construed to provide greater or lesser rights as to the number of parents who can be named on a final judgment order of adoption or Illinois birth certificate that otherwise exist under Illinois SB1870 Engrossed - 37 - LRB100 08013 KTG 18095 b law.
"Placement disruption" means a circumstance where the child is removed from an adoptive placement before the adoption SB1870 Engrossed - 38 - LRB100 08013 KTG 18095 b is finalized.
Show all 56 changed rows (16 more)
Action History
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Session Sine Die
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Final Action Deadline Extended-9(b) January 8, 2019
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Alternate Chief Sponsor Changed to Rep. Sara Feigenholtz
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Held on Calendar Order of Second Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass as Amended / Short Debate Human Services Committee; 009-000-000
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House Committee Amendment No. 1 Adopted in Human Services Committee; by Voice Vote
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House Committee Amendment No. 1 Rules Refers to Human Services Committee
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House Committee Amendment No. 1 Referred to Rules Committee
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House Committee Amendment No. 1 Filed with Clerk by Rep. Sara Feigenholtz
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Assigned to Human Services Committee
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Rule 19(a) / Re-referred to Rules Committee
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Final Action Deadline Extended-9(b) May 31, 2017
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Committee Deadline Extended-Rule 9(b) May 26, 2017
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Assigned to Human Services Committee
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Robyn Gabel
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Arrived in House
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Third Reading - Passed; 053-000-000
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Placed on Calendar Order of 3rd Reading April 25, 2017
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Second Reading
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Placed on Calendar Order of 2nd Reading March 30, 2017
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Do Pass Human Services; 009-000-000
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Chief Sponsor Changed to Sen. Heather A. Steans
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Rule 2-10 Committee Deadline Established As April 7, 2017
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Postponed - Human Services
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Postponed - Human Services
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Assigned to Human Services
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. Omar Aquino
Sponsors
- Heather A. Steans · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- Heather A. Steans
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 34 | 0 | 0 | 3 |
| Democrat | 11 | 0 | 0 | 3 |
| Republican | 8 | 0 | 0 | 0 |
| Total | 53 | 0 | 0 | 6 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Bertino-Tarrant | — | Not Voting |
| Biss | — | Yea |
| Bivins | — | Yea |
| Mulroe | — | Yea |
| Bush | — | Yea |
| Clayborne | — | Yea |
| Landek | — | Yea |
| Link | — | Yea |
| McCann | — | Yea |
| McCarter | — | Yea |
| Harris | — | Yea |
| Bennett | — | Yea |
| McGuire | — | Yea |
| McConnaughay | — | Yea |
| Muñoz | — | Yea |
| Radogno | — | Yea |
| Brady | — | Yea |
| Silverstein | — | Yea |
| Steans | — | Yea |
| Cullerton | — | Yea |
| Cullerton, T. | — | Yea |
| Rooney | — | Not Voting |
| Trotter | — | Yea |
| Connelly | — | Yea |
| Haine | — | Not Voting |
| Hutchinson | — | Yea |
| Nybo | — | Yea |
| Oberweis | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Sandoval | — | Yea |
| Schimpf | — | Yea |
| Manar | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Barickman | — | Yea |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| Cristina Castro | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Julie A. Morrison | Democrat | Not Voting |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Not Voting |
| Omar Aquino | Democrat | Not Voting |
| Steve Stadelman | Democrat | Yea |
| Chapin Rose | Republican | Yea |
| Dale Fowler | Republican | Yea |
| Dan McConchie | Republican | Yea |
| Dave Syverson | Republican | Yea |
| Jil Tracy | Republican | Yea |
| Neil Anderson | Republican | Yea |
| Sue Rezin | Republican | Yea |
| Travis Weaver | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 1870 do?
- Amends the Abused and Neglected Child Reporting Act and the Juvenile Court Act of 1987. Expands the definition of "neglected child" under both Acts to include a child whose umbilical cord tissue contains any amount of a controlled substance as defined in a specified provision of the Illinois Controlled Substances Act or a metabolite thereof. Provides that nothing in the new provisions is intended to limit the type of medically reliable testing that can establish that a controlled substance or metabolite thereof is present in a newborn infant. Further amends the Juvenile Court Act of 1987 by providing that proof that a newborn infant's umbilical cord tissue contains any amount of a controlled substance as defined under the Illinois Controlled Substances Act, or a metabolite of a controlled substance, constitutes prima facie evidence of abuse or neglect. Amends the Adoption Act. Includes as a ground of unfitness under the definition of "unfit person" a finding that at birth the child's umbilical cord tissue contained any amount of a controlled substance as defined under the Illinois Controlled Substances Act or a metabolite thereof. Provides that nothing in the new provision is intended to limit the type of medically reliable testing that can establish that a controlled substance or metabolite thereof is present in a newborn infant. Effective immediately.
- Who sponsors SB 1870?
- SB 1870 is sponsored by Heather A. Steans.
- What is the current status of SB 1870?
- This bill died with 100th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 1870?
- Track SB 1870 free on One Click Politics — get push/email alerts when it moves.
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