Bill Text: IL HB2564 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Juvenile Court Act of 1987. Removes from the definition of "neglected" for purposes of the Act any minor under the age of 14 years whose parent or other person responsible for the minor's welfare leaves the minor without supervision for an unreasonable period of time without regard for the mental or physical health, safety, or welfare of that minor. Makes conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB2564 Detail]

Download: Illinois-2019-HB2564-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2564

Introduced , by Rep. Anne Stava-Murray

SYNOPSIS AS INTRODUCED:
705 ILCS 405/2-3 from Ch. 37, par. 802-3

Amends the Juvenile Court Act of 1987. Removes from the definition of "neglected" for purposes of the Act any minor under the age of 14 years whose parent or other person responsible for the minor's welfare leaves the minor without supervision for an unreasonable period of time without regard for the mental or physical health, safety, or welfare of that minor. Makes conforming changes.
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A BILL FOR

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1 AN ACT concerning courts.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 2-3 as follows:
6 (705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
7 Sec. 2-3. Neglected or abused minor.
8 (1) Those who are neglected include:
9 (a) any minor under 18 years of age who is not
10 receiving the proper or necessary support, education as
11 required by law, or medical or other remedial care
12 recognized under State law as necessary for a minor's
13 well-being, or other care necessary for his or her
14 well-being, including adequate food, clothing and shelter,
15 or who is abandoned by his or her parent or parents or
16 other person or persons responsible for the minor's
17 welfare, except that a minor shall not be considered
18 neglected for the sole reason that the minor's parent or
19 parents or other person or persons responsible for the
20 minor's welfare have left the minor in the care of an adult
21 relative for any period of time, who the parent or parents
22 or other person responsible for the minor's welfare know is
23 both a mentally capable adult relative and physically

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1 capable adult relative, as defined by this Act; or
2 (b) any minor under 18 years of age whose environment
3 is injurious to his or her welfare; or
4 (c) any newborn infant whose blood, urine, or meconium
5 contains any amount of a controlled substance as defined in
6 subsection (f) of Section 102 of the Illinois Controlled
7 Substances Act, as now or hereafter amended, or a
8 metabolite of a controlled substance, with the exception of
9 controlled substances or metabolites of such substances,
10 the presence of which in the newborn infant is the result
11 of medical treatment administered to the mother or the
12 newborn infant; or
13 (d) (blank); or any minor under the age of 14 years
14 whose parent or other person responsible for the minor's
15 welfare leaves the minor without supervision for an
16 unreasonable period of time without regard for the mental
17 or physical health, safety, or welfare of that minor; or
18 (e) any minor who has been provided with interim crisis
19 intervention services under Section 3-5 of this Act and
20 whose parent, guardian, or custodian refuses to permit the
21 minor to return home unless the minor is an immediate
22 physical danger to himself, herself, or others living in
23 the home.
24 Whether the minor was left without regard for the mental or
25physical health, safety, or welfare of that minor or the period
26of time was unreasonable shall be determined by considering the

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1following factors, including but not limited to:
2 (1) the age of the minor;
3 (2) the number of minors left at the location;
4 (3) special needs of the minor, including whether the
5 minor is a person with a physical or mental disability, or
6 otherwise in need of ongoing prescribed medical treatment
7 such as periodic doses of insulin or other medications;
8 (4) the duration of time in which the minor was left
9 without supervision;
10 (5) the condition and location of the place where the
11 minor was left without supervision;
12 (6) the time of day or night when the minor was left
13 without supervision;
14 (7) the weather conditions, including whether the
15 minor was left in a location with adequate protection from
16 the natural elements such as adequate heat or light;
17 (8) the location of the parent or guardian at the time
18 the minor was left without supervision, the physical
19 distance the minor was from the parent or guardian at the
20 time the minor was without supervision;
21 (9) whether the minor's movement was restricted, or the
22 minor was otherwise locked within a room or other
23 structure;
24 (10) whether the minor was given a phone number of a
25 person or location to call in the event of an emergency and
26 whether the minor was capable of making an emergency call;

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1 (11) whether there was food and other provision left
2 for the minor;
3 (12) whether any of the conduct is attributable to
4 economic hardship or illness and the parent, guardian or
5 other person having physical custody or control of the
6 child made a good faith effort to provide for the health
7 and safety of the minor;
8 (13) the age and physical and mental capabilities of
9 the person or persons who provided supervision for the
10 minor;
11 (14) whether the minor was left under the supervision
12 of another person;
13 (15) any other factor that would endanger the health
14 and safety of that particular minor.
15 A minor shall not be considered neglected for the sole
16reason that the minor has been relinquished in accordance with
17the Abandoned Newborn Infant Protection Act.
18 (2) Those who are abused include any minor under 18 years
19of age whose parent or immediate family member, or any person
20responsible for the minor's welfare, or any person who is in
21the same family or household as the minor, or any individual
22residing in the same home as the minor, or a paramour of the
23minor's parent:
24 (i) inflicts, causes to be inflicted, or allows to be
25 inflicted upon such minor physical injury, by other than
26 accidental means, which causes death, disfigurement,

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1 impairment of physical or emotional health, or loss or
2 impairment of any bodily function;
3 (ii) creates a substantial risk of physical injury to
4 such minor by other than accidental means which would be
5 likely to cause death, disfigurement, impairment of
6 emotional health, or loss or impairment of any bodily
7 function;
8 (iii) commits or allows to be committed any sex offense
9 against such minor, as such sex offenses are defined in the
10 Criminal Code of 1961 or the Criminal Code of 2012, or in
11 the Wrongs to Children Act, and extending those definitions
12 of sex offenses to include minors under 18 years of age;
13 (iv) commits or allows to be committed an act or acts
14 of torture upon such minor;
15 (v) inflicts excessive corporal punishment;
16 (vi) commits or allows to be committed the offense of
17 involuntary servitude, involuntary sexual servitude of a
18 minor, or trafficking in persons as defined in Section 10-9
19 of the Criminal Code of 1961 or the Criminal Code of 2012,
20 upon such minor; or
21 (vii) allows, encourages or requires a minor to commit
22 any act of prostitution, as defined in the Criminal Code of
23 1961 or the Criminal Code of 2012, and extending those
24 definitions to include minors under 18 years of age.
25 A minor shall not be considered abused for the sole reason
26that the minor has been relinquished in accordance with the

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1Abandoned Newborn Infant Protection Act.
2 (3) This Section does not apply to a minor who would be
3included herein solely for the purpose of qualifying for
4financial assistance for himself, his parents, guardian or
5custodian.
6(Source: P.A. 99-143, eff. 7-27-15.)
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