HB 4539 — DCFS-MINIMUM AGE-PERPETRATOR

*LRB10420370KTG33825b* HB4539 104THEngrossed GENERALLRB104 ASSEMBLY20370 StateKTG of33825 Illinoisb andAN 2026ACT HB4539concerning Introducedchildren. 1/30/2026, by Rep.

Barbara Hernandez SYNOPSIS AS INTRODUCED:

ILCS 5/3 from Ch.

23, par.

2053 ILCS 5/7.3 from Ch.

23, par.

2057.3 Amends the Abused and Neglected Child Reporting Act.

In the definition of "abused child", changes the list of persons who may be considered a perpetrator of abuse to include a child's parent, a parent's paramour, or any other person 14 years of age or older who is either responsible for the child's welfare, is an immediate family member, or resides in the same home as the child.

Provides that, if the Department of Children and Family Services does not accept an abuse or neglect report for investigation on the sole basis that the alleged perpetrator is another person in the household under the age of 14, then the Department shall consider if there is reasonable cause to suspect that the alleged maltreatment is the result of blatant disregard on the part of an adult or agency who is an eligible perpetrator.

Provides that, if so, the Department shall accept a report alleging abuse or neglect identifying the adult or agency as the alleged perpetrator.

Permits the Department to also consider whether a child welfare service referral would be appropriate.

LRB104 20370 KTG 33825 b A BILL FOR HB4539 LRB104 20370 KTG 33825 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 HB4539 Engrossed - 2 - LRB104 20370 KTG 33825 b the danger without exercising precautionary measures to protect the child from harm.

whose (1) a parent, or (2) a parent's paramour, or (3) any other person 14 years of age or older who is HB4539 Engrossed - 3 - LRB104 20370 KTG 33825 b either responsible for the child's welfare, is an immediate family member, or resides in the same home as the 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 HB4539 Engrossed - 4 - LRB104 20370 KTG 33825 b person is working in the person's professional capacity;

"Neglected child" means any child who is not receiving the proper or necessary nourishment or medically indicated HB4539 Engrossed - 5 - LRB104 20370 KTG 33825 b 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 the child's well-being, including adequate food, clothing and shelter;

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 HB4539 Engrossed - 6 - LRB104 20370 KTG 33825 b 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 person who gave birth or the newborn infant.

"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 HB4539 Engrossed - 7 - LRB104 20370 KTG 33825 b rule.

"Temporary protective custody" means custody within a HB4539 Engrossed - 8 - LRB104 20370 KTG 33825 b 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;

HB4539 Engrossed - 9 - LRB104 20370 KTG 33825 b "Member of the clergy" means a clergyperson or practitioner of any religious denomination accredited by the religious body to which the clergyperson or practitioner belongs.

(a-5) If the Department does not accept a report for HB4539 Engrossed - 10 - LRB104 20370 KTG 33825 b investigation on the sole basis that the alleged perpetrator is another person in the household or an immediate family member under the age of 14, then the Department shall consider if there is reasonable cause to suspect that the alleged maltreatment is the result of blatant disregard on the part of ana adultperson or agency who is an eligible perpetrator.

If so, the Department shall accept a report alleging abuse or neglect identifying the adultperson or agency as the alleged perpetrator.