Illinois 2023-2024 Regular Session

Illinois House Bill HB3799 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3799 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED: 325 ILCS 5/3 from Ch. 23, par. 2053 Amends the Abused and Neglected Child Reporting Act. In the definition of "blatant disregard", provides that "blatant disregard" is not present when an incident involving a failure to provide food, shelter, or clothing that otherwise would be characterized as "blatant disregard" is solely attributable to the financial inability of the child's parent or the other person responsible for the child's welfare. In the definition of "neglected child", adds that "neglected child" means any child who is not receiving care necessary for his or her well-being, including adequate food, clothing, and shelter, even when the parent or person responsible for the child is financially able to do so or has been offered financial or other means to do so. Provides that a child shall not be considered neglected for the sole reason that the parent or other person responsible for the child in need of supportive services is unable to provide the care necessary for his or her well-being based exclusively on the parent's, or other responsible person's, financial inability. Defines "child in need of supportive services". Sets forth certain requirements the Department of Children and Family Services must complete before considering a child to be a neglected child, including evaluating the family's financial circumstances and offering appropriate family preservation services or referring the family for a child welfare services referral. LRB103 25525 KTG 51874 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3799 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED: 325 ILCS 5/3 from Ch. 23, par. 2053 325 ILCS 5/3 from Ch. 23, par. 2053 Amends the Abused and Neglected Child Reporting Act. In the definition of "blatant disregard", provides that "blatant disregard" is not present when an incident involving a failure to provide food, shelter, or clothing that otherwise would be characterized as "blatant disregard" is solely attributable to the financial inability of the child's parent or the other person responsible for the child's welfare. In the definition of "neglected child", adds that "neglected child" means any child who is not receiving care necessary for his or her well-being, including adequate food, clothing, and shelter, even when the parent or person responsible for the child is financially able to do so or has been offered financial or other means to do so. Provides that a child shall not be considered neglected for the sole reason that the parent or other person responsible for the child in need of supportive services is unable to provide the care necessary for his or her well-being based exclusively on the parent's, or other responsible person's, financial inability. Defines "child in need of supportive services". Sets forth certain requirements the Department of Children and Family Services must complete before considering a child to be a neglected child, including evaluating the family's financial circumstances and offering appropriate family preservation services or referring the family for a child welfare services referral. LRB103 25525 KTG 51874 b LRB103 25525 KTG 51874 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3799 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED:
3	3	325 ILCS 5/3 from Ch. 23, par. 2053 325 ILCS 5/3 from Ch. 23, par. 2053
4	4	325 ILCS 5/3 from Ch. 23, par. 2053
5	5	Amends the Abused and Neglected Child Reporting Act. In the definition of "blatant disregard", provides that "blatant disregard" is not present when an incident involving a failure to provide food, shelter, or clothing that otherwise would be characterized as "blatant disregard" is solely attributable to the financial inability of the child's parent or the other person responsible for the child's welfare. In the definition of "neglected child", adds that "neglected child" means any child who is not receiving care necessary for his or her well-being, including adequate food, clothing, and shelter, even when the parent or person responsible for the child is financially able to do so or has been offered financial or other means to do so. Provides that a child shall not be considered neglected for the sole reason that the parent or other person responsible for the child in need of supportive services is unable to provide the care necessary for his or her well-being based exclusively on the parent's, or other responsible person's, financial inability. Defines "child in need of supportive services". Sets forth certain requirements the Department of Children and Family Services must complete before considering a child to be a neglected child, including evaluating the family's financial circumstances and offering appropriate family preservation services or referring the family for a child welfare services referral.
6	6	LRB103 25525 KTG 51874 b LRB103 25525 KTG 51874 b
7	7	LRB103 25525 KTG 51874 b
8	8	A BILL FOR
9	9	HB3799LRB103 25525 KTG 51874 b HB3799 LRB103 25525 KTG 51874 b
10	10	HB3799 LRB103 25525 KTG 51874 b
11	11	1 AN ACT concerning children.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Abused and Neglected Child Reporting Act is
15	15	5 amended by changing Section 3 as follows:
16	16	6 (325 ILCS 5/3) (from Ch. 23, par. 2053)
17	17	7 Sec. 3. As used in this Act unless the context otherwise
18	18	8 requires:
19	19	9 "Adult resident" means any person between 18 and 22 years
20	20	10 of age who resides in any facility licensed by the Department
21	21	11 under the Child Care Act of 1969. For purposes of this Act, the
22	22	12 criteria set forth in the definitions of "abused child" and
23	23	13 "neglected child" shall be used in determining whether an
24	24	14 adult resident is abused or neglected.
25	25	15 "Agency" means a child care facility licensed under
26	26	16 Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
27	27	17 includes a transitional living program that accepts children
28	28	18 and adult residents for placement who are in the guardianship
29	29	19 of the Department.
30	30	20 "Blatant disregard" means an incident where the real,
31	31	21 significant, and imminent risk of harm would be so obvious to a
32	32	22 reasonable parent or caretaker that it is unlikely that a
33	33	23 reasonable parent or caretaker would have exposed the child to
34	34
35	35
36	36
37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3799 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED:
38	38	325 ILCS 5/3 from Ch. 23, par. 2053 325 ILCS 5/3 from Ch. 23, par. 2053
39	39	325 ILCS 5/3 from Ch. 23, par. 2053
40	40	Amends the Abused and Neglected Child Reporting Act. In the definition of "blatant disregard", provides that "blatant disregard" is not present when an incident involving a failure to provide food, shelter, or clothing that otherwise would be characterized as "blatant disregard" is solely attributable to the financial inability of the child's parent or the other person responsible for the child's welfare. In the definition of "neglected child", adds that "neglected child" means any child who is not receiving care necessary for his or her well-being, including adequate food, clothing, and shelter, even when the parent or person responsible for the child is financially able to do so or has been offered financial or other means to do so. Provides that a child shall not be considered neglected for the sole reason that the parent or other person responsible for the child in need of supportive services is unable to provide the care necessary for his or her well-being based exclusively on the parent's, or other responsible person's, financial inability. Defines "child in need of supportive services". Sets forth certain requirements the Department of Children and Family Services must complete before considering a child to be a neglected child, including evaluating the family's financial circumstances and offering appropriate family preservation services or referring the family for a child welfare services referral.
41	41	LRB103 25525 KTG 51874 b LRB103 25525 KTG 51874 b
42	42	LRB103 25525 KTG 51874 b
43	43	A BILL FOR
44	44
45	45
46	46
47	47
48	48
49	49	325 ILCS 5/3 from Ch. 23, par. 2053
50	50
51	51
52	52
53	53	LRB103 25525 KTG 51874 b
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63	HB3799 LRB103 25525 KTG 51874 b
64	64
65	65
66	66	HB3799- 2 -LRB103 25525 KTG 51874 b HB3799 - 2 - LRB103 25525 KTG 51874 b
67	67	HB3799 - 2 - LRB103 25525 KTG 51874 b
68	68	1 the danger without exercising precautionary measures to
69	69	2 protect the child from harm. "Blatant disregard" is not
70	70	3 present when an incident involving a failure to provide food,
71	71	4 shelter, or clothing that otherwise would be characterized as
72	72	5 "blatant disregard" is solely attributable to the financial
73	73	6 inability of the child's parent or the other person
74	74	7 responsible for the child's welfare. With respect to a person
75	75	8 working at an agency in his or her professional capacity with a
76	76	9 child or adult resident, "blatant disregard" includes a
77	77	10 failure by the person to perform job responsibilities intended
78	78	11 to protect the child's or adult resident's health, physical
79	79	12 well-being, or welfare, and, when viewed in light of the
80	80	13 surrounding circumstances, evidence exists that would cause a
81	81	14 reasonable person to believe that the child was neglected.
82	82	15 With respect to an agency, "blatant disregard" includes a
83	83	16 failure to implement practices that ensure the health,
84	84	17 physical well-being, or welfare of the children and adult
85	85	18 residents residing in the facility.
86	86	19 "Child" means any person under the age of 18 years, unless
87	87	20 legally emancipated by reason of marriage or entry into a
88	88	21 branch of the United States armed services.
89	89	22 "Department" means Department of Children and Family
90	90	23 Services.
91	91	24 "Local law enforcement agency" means the police of a city,
92	92	25 town, village or other incorporated area or the sheriff of an
93	93	26 unincorporated area or any sworn officer of the Illinois State
94	94
95	95
96	96
97	97
98	98
99	99	HB3799 - 2 - LRB103 25525 KTG 51874 b
100	100
101	101
102	102	HB3799- 3 -LRB103 25525 KTG 51874 b HB3799 - 3 - LRB103 25525 KTG 51874 b
103	103	HB3799 - 3 - LRB103 25525 KTG 51874 b
104	104	1 Police.
105	105	2 "Abused child" means a child whose parent or immediate
106	106	3 family member, or any person responsible for the child's
107	107	4 welfare, or any individual residing in the same home as the
108	108	5 child, or a paramour of the child's parent:
109	109	6 (a) inflicts, causes to be inflicted, or allows to be
110	110	7 inflicted upon such child physical injury, by other than
111	111	8 accidental means, which causes death, disfigurement,
112	112	9 impairment of physical or emotional health, or loss or
113	113	10 impairment of any bodily function;
114	114	11 (b) creates a substantial risk of physical injury to
115	115	12 such child by other than accidental means which would be
116	116	13 likely to cause death, disfigurement, impairment of
117	117	14 physical or emotional health, or loss or impairment of any
118	118	15 bodily function;
119	119	16 (c) commits or allows to be committed any sex offense
120	120	17 against such child, as such sex offenses are defined in
121	121	18 the Criminal Code of 2012 or in the Wrongs to Children Act,
122	122	19 and extending those definitions of sex offenses to include
123	123	20 children under 18 years of age;
124	124	21 (d) commits or allows to be committed an act or acts of
125	125	22 torture upon such child;
126	126	23 (e) inflicts excessive corporal punishment or, in the
127	127	24 case of a person working for an agency who is prohibited
128	128	25 from using corporal punishment, inflicts corporal
129	129	26 punishment upon a child or adult resident with whom the
130	130
131	131
132	132
133	133
134	134
135	135	HB3799 - 3 - LRB103 25525 KTG 51874 b
136	136
137	137
138	138	HB3799- 4 -LRB103 25525 KTG 51874 b HB3799 - 4 - LRB103 25525 KTG 51874 b
139	139	HB3799 - 4 - LRB103 25525 KTG 51874 b
140	140	1 person is working in his or her professional capacity;
141	141	2 (f) commits or allows to be committed the offense of
142	142	3 female genital mutilation, as defined in Section 12-34 of
143	143	4 the Criminal Code of 2012, against the child;
144	144	5 (g) causes to be sold, transferred, distributed, or
145	145	6 given to such child under 18 years of age, a controlled
146	146	7 substance as defined in Section 102 of the Illinois
147	147	8 Controlled Substances Act in violation of Article IV of
148	148	9 the Illinois Controlled Substances Act or in violation of
149	149	10 the Methamphetamine Control and Community Protection Act,
150	150	11 except for controlled substances that are prescribed in
151	151	12 accordance with Article III of the Illinois Controlled
152	152	13 Substances Act and are dispensed to such child in a manner
153	153	14 that substantially complies with the prescription;
154	154	15 (h) commits or allows to be committed the offense of
155	155	16 involuntary servitude, involuntary sexual servitude of a
156	156	17 minor, or trafficking in persons as defined in Section
157	157	18 10-9 of the Criminal Code of 2012 against the child; or
158	158	19 (i) commits the offense of grooming, as defined in
159	159	20 Section 11-25 of the Criminal Code of 2012, against the
160	160	21 child.
161	161	22 A child shall not be considered abused for the sole reason
162	162	23 that the child has been relinquished in accordance with the
163	163	24 Abandoned Newborn Infant Protection Act.
164	164	25 "Child in need of supportive services" means a child whose
165	165	26 parent or caretaker has been identified by themselves, a
166	166
167	167
168	168
169	169
170	170
171	171	HB3799 - 4 - LRB103 25525 KTG 51874 b
172	172
173	173
174	174	HB3799- 5 -LRB103 25525 KTG 51874 b HB3799 - 5 - LRB103 25525 KTG 51874 b
175	175	HB3799 - 5 - LRB103 25525 KTG 51874 b
176	176	1 member in the household, or a mandated reporter as needing a
177	177	2 child welfare services referral to address needs such as, but
178	178	3 not limited to, a parent's or caretaker's financial inability
179	179	4 to provide adequate food, clothing, and shelter, unless the
180	180	5 hotline worker identifies that there is an indication that the
181	181	6 child is at imminent risk of harm and requires a formal child
182	182	7 abuse or neglect investigation.
183	183	8 "Neglected child" means any child who:
184	184	9 (1) is not receiving the proper or necessary
185	185	10 nourishment or medically indicated treatment including
186	186	11 food or care not provided solely on the basis of the
187	187	12 present or anticipated mental or physical impairment as
188	188	13 determined by a physician acting alone or in consultation
189	189	14 with other physicians or otherwise is not receiving the
190	190	15 proper or necessary support or medical or other remedial
191	191	16 care recognized under State law as necessary for a child's
192	192	17 well-being; ,
193	193	18 (2) is not receiving care necessary for his or her
194	194	19 well-being, including adequate food, clothing, and
195	195	20 shelter, even when the parent or person responsible for
196	196	21 the child is financially able to do so or has been offered
197	197	22 financial or other means to do so; or other care necessary
198	198	23 for his or her well-being, including adequate food,
199	199	24 clothing and shelter; or who
200	200	25 (3) is subjected to an environment which is injurious
201	201	26 insofar as (i) the child's environment creates a
202	202
203	203
204	204
205	205
206	206
207	207	HB3799 - 5 - LRB103 25525 KTG 51874 b
208	208
209	209
210	210	HB3799- 6 -LRB103 25525 KTG 51874 b HB3799 - 6 - LRB103 25525 KTG 51874 b
211	211	HB3799 - 6 - LRB103 25525 KTG 51874 b
212	212	1 likelihood of harm to the child's health, physical
213	213	2 well-being, or welfare and (ii) the likely harm to the
214	214	3 child is the result of a blatant disregard of parent,
215	215	4 caretaker, person responsible for the child's welfare, or
216	216	5 agency responsibilities;
217	217	6 (4) or who is abandoned by his or her parents or other
218	218	7 person responsible for the child's welfare without a
219	219	8 proper plan of care;
220	220	9 (5) or who has been provided with interim crisis
221	221	10 intervention services under Section 3-5 of the Juvenile
222	222	11 Court Act of 1987 and whose parent, guardian, or custodian
223	223	12 refuses to permit the child to return home and no other
224	224	13 living arrangement agreeable to the parent, guardian, or
225	225	14 custodian can be made, and the parent, guardian, or
226	226	15 custodian has not made any other appropriate living
227	227	16 arrangement for the child; or
228	228	17 (6) who is a newborn infant whose blood, urine, or
229	229	18 meconium contains any amount of a controlled substance as
230	230	19 defined in subsection (f) of Section 102 of the Illinois
231	231	20 Controlled Substances Act or a metabolite thereof, with
232	232	21 the exception of a controlled substance or metabolite
233	233	22 thereof whose presence in the newborn infant is the result
234	234	23 of medical treatment administered to the mother or the
235	235	24 newborn infant.
236	236	25 A child shall not be considered neglected for:
237	237	26 (A) the sole reason that the child's parent or other
238	238
239	239
240	240
241	241
242	242
243	243	HB3799 - 6 - LRB103 25525 KTG 51874 b
244	244
245	245
246	246	HB3799- 7 -LRB103 25525 KTG 51874 b HB3799 - 7 - LRB103 25525 KTG 51874 b
247	247	HB3799 - 7 - LRB103 25525 KTG 51874 b
248	248	1 person responsible for his or her welfare has left the
249	249	2 child in the care of an adult relative for any period of
250	250	3 time; .
251	251	4 (B) A child shall not be considered neglected for the
252	252	5 sole reason that the child has been relinquished in
253	253	6 accordance with the Abandoned Newborn Infant Protection
254	254	7 Act ; .
255	255	8 (C) A child shall not be considered neglected or
256	256	9 abused for the sole reason that such child's parent or
257	257	10 other person responsible for his or her welfare depends
258	258	11 upon spiritual means through prayer alone for the
259	259	12 treatment or cure of disease or remedial care as provided
260	260	13 under Section 4 of this Act; .
261	261	14 (D) the sole reason that A child shall not be
262	262	15 considered neglected or abused solely because the child is
263	263	16 not attending school in accordance with the requirements
264	264	17 of Article 26 of The School Code, as amended; or .
265	265	18 (E) the sole reason that the parent or other person
266	266	19 responsible for the child in need of supportive services
267	267	20 is unable to provide the care necessary for his or her
268	268	21 well-being based exclusively on the parent's, or other
269	269	22 responsible person's, financial inability.
270	270	23 A child shall not be considered neglected unless the
271	271	24 Department:
272	272	25 (i) has evaluated the family's financial
273	273	26 circumstances;
274	274
275	275
276	276
277	277
278	278
279	279	HB3799 - 7 - LRB103 25525 KTG 51874 b
280	280
281	281
282	282	HB3799- 8 -LRB103 25525 KTG 51874 b HB3799 - 8 - LRB103 25525 KTG 51874 b
283	283	HB3799 - 8 - LRB103 25525 KTG 51874 b
284	284	1 (ii) has assessed the family's need for services; and
285	285	2 (iii) has made demonstrable efforts to assist the
286	286	3 family, including, but not limited to, offering
287	287	4 appropriate family preservation services or recommending
288	288	5 the family for a child welfare services referral, unless
289	289	6 the Department has determined that family preservation
290	290	7 services would not be appropriate.
291	291	8 "Child Protective Service Unit" means certain specialized
292	292	9 State employees of the Department assigned by the Director to
293	293	10 perform the duties and responsibilities as provided under
294	294	11 Section 7.2 of this Act.
295	295	12 "Near fatality" means an act that, as certified by a
296	296	13 physician, places the child in serious or critical condition,
297	297	14 including acts of great bodily harm inflicted upon children
298	298	15 under 13 years of age, and as otherwise defined by Department
299	299	16 rule.
300	300	17 "Great bodily harm" includes bodily injury which creates a
301	301	18 high probability of death, or which causes serious permanent
302	302	19 disfigurement, or which causes a permanent or protracted loss
303	303	20 or impairment of the function of any bodily member or organ, or
304	304	21 other serious bodily harm.
305	305	22 "Person responsible for the child's welfare" means the
306	306	23 child's parent; guardian; foster parent; relative caregiver;
307	307	24 any person responsible for the child's welfare in a public or
308	308	25 private residential agency or institution; any person
309	309	26 responsible for the child's welfare within a public or private
310	310
311	311
312	312
313	313
314	314
315	315	HB3799 - 8 - LRB103 25525 KTG 51874 b
316	316
317	317
318	318	HB3799- 9 -LRB103 25525 KTG 51874 b HB3799 - 9 - LRB103 25525 KTG 51874 b
319	319	HB3799 - 9 - LRB103 25525 KTG 51874 b
320	320	1 profit or not for profit child care facility; or any other
321	321	2 person responsible for the child's welfare at the time of the
322	322	3 alleged abuse or neglect, including any person who commits or
323	323	4 allows to be committed, against the child, the offense of
324	324	5 involuntary servitude, involuntary sexual servitude of a
325	325	6 minor, or trafficking in persons for forced labor or services,
326	326	7 as provided in Section 10-9 of the Criminal Code of 2012,
327	327	8 including, but not limited to, the custodian of the minor, or
328	328	9 any person who came to know the child through an official
329	329	10 capacity or position of trust, including, but not limited to,
330	330	11 health care professionals, educational personnel, recreational
331	331	12 supervisors, members of the clergy, and volunteers or support
332	332	13 personnel in any setting where children may be subject to
333	333	14 abuse or neglect.
334	334	15 "Temporary protective custody" means custody within a
335	335	16 hospital or other medical facility or a place previously
336	336	17 designated for such custody by the Department, subject to
337	337	18 review by the Court, including a licensed foster home, group
338	338	19 home, or other institution; but such place shall not be a jail
339	339	20 or other place for the detention of criminal or juvenile
340	340	21 offenders.
341	341	22 "An unfounded report" means any report made under this Act
342	342	23 for which it is determined after an investigation that no
343	343	24 credible evidence of abuse or neglect exists.
344	344	25 "An indicated report" means a report made under this Act
345	345	26 if an investigation determines that credible evidence of the
346	346
347	347
348	348
349	349
350	350
351	351	HB3799 - 9 - LRB103 25525 KTG 51874 b
352	352
353	353
354	354	HB3799- 10 -LRB103 25525 KTG 51874 b HB3799 - 10 - LRB103 25525 KTG 51874 b
355	355	HB3799 - 10 - LRB103 25525 KTG 51874 b
356	356	1 alleged abuse or neglect exists.
357	357	2 "An undetermined report" means any report made under this
358	358	3 Act in which it was not possible to initiate or complete an
359	359	4 investigation on the basis of information provided to the
360	360	5 Department.
361	361	6 "Subject of report" means any child reported to the
362	362	7 central register of child abuse and neglect established under
363	363	8 Section 7.7 of this Act as an alleged victim of child abuse or
364	364	9 neglect and the parent or guardian of the alleged victim or
365	365	10 other person responsible for the alleged victim's welfare who
366	366	11 is named in the report or added to the report as an alleged
367	367	12 perpetrator of child abuse or neglect.
368	368	13 "Perpetrator" means a person who, as a result of
369	369	14 investigation, has been determined by the Department to have
370	370	15 caused child abuse or neglect.
371	371	16 "Member of the clergy" means a clergyman or practitioner
372	372	17 of any religious denomination accredited by the religious body
373	373	18 to which he or she belongs.
374	374	19 (Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
375	375	20 102-813, eff. 5-13-22.)
376	376
377	377
378	378
379	379
380	380
381	381	HB3799 - 10 - LRB103 25525 KTG 51874 b