SB 108 — CHILD NEGLECT-NO RETURN HOME

SB0108 EngrossedEnrolled LRB095 00631 RLC 20631 b AN ACT in relation to children.

(a) inflicts, causes to be inflicted, or allows to be inflicted upon such child physical injury, by other than SB0108 EngrossedEnrolled - 2 - LRB095 00631 RLC 20631 b accidental means, which causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;

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 SB0108 EngrossedEnrolled - 3 - LRB095 00631 RLC 20631 b 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 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 minorparent, guardian, or custodian can be made, and the parent, guardian, or custodian canhas benot made;made any other appropriate living arrangement for the child;

or who is a newborn infant whose blood, urine, or meconium contains any SB0108 Enrolled - 4 - LRB095 00631 RLC 20631 b amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois SB0108 Engrossed - 4 - LRB095 00631 RLC 20631 b 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.

SB0108 Enrolled - 5 - LRB095 00631 RLC 20631 b any person responsible for the child’s welfare in a public or private residential agency or institution;

any person SB0108 Engrossed - 5 - LRB095 00631 RLC 20631 b responsible for the child’s welfare within a public or private profit or not for profit child care facility;

"An undetermined report" means any report made under this Act in which it was not possible to initiate or complete an SB0108 Enrolled - 6 - LRB095 00631 RLC 20631 b investigation on the basis of information provided to the Department.

SB0108 Engrossed - 6 - LRB095 00631 RLC 20631 b "Subject of report" means any child reported to the central register of child abuse and neglect established under Section 7.7 of this Act and his or her parent, guardian or other person responsible who is also named in the report.

(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 well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter, SB0108 Enrolled - 7 - LRB095 00631 RLC 20631 b or who is abandoned by his or her parents or other person responsible for the minor’s welfare, except that a minor SB0108 Engrossed - 7 - LRB095 00631 RLC 20631 b shall not be considered neglected for the sole reason that the minor’s parent or other person responsible for the minor’s welfare has left the minor in the care of an adult relative for any period of time;

(e) any minor who has been provided with interim crisis intervention services under Section 3-5 of this Act and whose parent, guardian, or custodian refuses to permit the minor to return home unless the minor is an immediate SB0108 Enrolled - 8 - LRB095 00631 RLC 20631 b physical danger to himself, herself, or others living in the home.

SB0108 Engrossed - 8 - LRB095 00631 RLC 20631 b Whether the minor was left without regard for the mental or physical health, safety, or welfare of that minor or the period of time was unreasonable shall be determined by considering the following factors, including but not limited to:

(9) whether the minor’s movement was restricted, or the SB0108 Enrolled - 9 - LRB095 00631 RLC 20631 b minor was otherwise locked within a room or other structure;

SB0108 Engrossed - 9 - LRB095 00631 RLC 20631 b (10) whether the minor was given a phone number of a person or location to call in the event of an emergency and whether the minor was capable of making an emergency call;

(2) Those who are abused include any minor under 18 years of age whose parent or immediate family member, or any person responsible for the minor’s welfare, or any person who is in the same family or household as the minor, or any individual SB0108 Enrolled - 10 - LRB095 00631 RLC 20631 b residing in the same home as the minor, or a paramour of the minor’s parent:

SB0108 Engrossed - 10 - LRB095 00631 RLC 20631 b (i) inflicts, causes to be inflicted, or allows to be inflicted upon such minor 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;

(3) This Section does not apply to a minor who would be included herein solely for the purpose of qualifying for financial assistance for himself, his parents, guardian or SB0108 Enrolled - 11 - LRB095 00631 RLC 20631 b custodian.

8-17-01.) SB0108 Engrossed - 11 - LRB095 00631 RLC 20631 b (705 ILCS 405/3-5) (from Ch.

If the agency or association is unable by all reasonable efforts to contact a SB0108 Enrolled - 12 - LRB095 00631 RLC 20631 b parent, guardian or custodian, or if the person contacted lives an unreasonable distance away, or if the minor refuses to be SB0108 Engrossed - 12 - LRB095 00631 RLC 20631 b taken to his or her home or other appropriate residence, or if the agency or association is otherwise unable despite all reasonable efforts to make arrangements for the safe return of the minor, the minor may be taken to a temporary living arrangement which is in compliance with the Child Care Act of 1969 or which is with persons agreed to by the parents and the agency or association.

No minor shall be sheltered in a temporary living arrangement for more than 48 hours, excluding Saturdays, Sundays, and court-designated holidays, when the agency has reported the minor as neglected or abused because the parent, guardian, or custodian refuses to permit the child to return home, provided that in all other instances the minor may be sheltered when the agency obtains the consent of the parent, guardian, or custodian or documents its unsuccessful efforts to obtain the consent or authority of the parent, guardian, or custodian, including recording the date and the staff involved in all telephone calls, telegrams, letters, and personal contacts to obtain the consent or authority, in which instances the minor SB0108 Enrolled - 13 - LRB095 00631 RLC 20631 b may be so sheltered for not more than 21 days.

If the parent, guardian or custodian refuses to permit the minor to return SB0108 Engrossed - 13 - LRB095 00631 RLC 20631 b home, and no other living arrangement agreeable to the minor and 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, the agency may deem the minor to be neglected and report the neglect to the Department of Children and Family Services as provided in the Abused and Neglected Child Reporting Act.

If the Department of Children and Family Services determines that the minor is not a neglected minor because the minor is an immediate physical danger to himself, herself, or others living in the home, then the Department shall take immediate steps to either secure the minor’s immediate admission to a mental health facility, arrange for law enforcement authorities to take temporary custody of the minor as a delinquent minor, or take other SB0108 Enrolled - 14 - LRB095 00631 RLC 20631 b appropriate action to assume protective custody in order to safeguard the minor or others living in the home from immediate physical danger.

No minor shall be sheltered in a temporary living arrangement for more than 48 hours, excluding Saturdays, SB0108 Engrossed - 14 - LRB095 00631 RLC 20631 b Sundays and court-designated holidays, without parental consent unless the agency documents its unsuccessful efforts to contact a parent or guardian, including recording the date and time and staff involved in all telephone calls, telegrams, letters, and personal contacts to obtain the consent or authority, in which case the minor may be so sheltered for not more than 21 days.