Illinois 2023-2024 Regular Session

Illinois House Bill HB4876 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 HB4876 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: 325 ILCS 5/3 from Ch. 23, par. 2053410 ILCS 210/1.5 Amends the Abused and Neglected Child Reporting Act. Provides that "abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent denies the child access to necessary medical care, including, but not limited to, primary care services, abortion services, or gender-affirming services. Amends the Consent by Minors to Health Care Services Act. Specifies that consent to the performance of abortion services and gender-affirming services executed by a minor is not voidable because of such minority. Provides that a health care professional rendering abortion services and gender-affirming services shall not incur civil or criminal liability for failure to obtain valid consent or professional discipline for failure to obtain valid consent if the health care professional relied in good faith on representations made by the minor. LRB103 37486 CES 67609 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4876 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: 325 ILCS 5/3 from Ch. 23, par. 2053410 ILCS 210/1.5 325 ILCS 5/3 from Ch. 23, par. 2053 410 ILCS 210/1.5 Amends the Abused and Neglected Child Reporting Act. Provides that "abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent denies the child access to necessary medical care, including, but not limited to, primary care services, abortion services, or gender-affirming services. Amends the Consent by Minors to Health Care Services Act. Specifies that consent to the performance of abortion services and gender-affirming services executed by a minor is not voidable because of such minority. Provides that a health care professional rendering abortion services and gender-affirming services shall not incur civil or criminal liability for failure to obtain valid consent or professional discipline for failure to obtain valid consent if the health care professional relied in good faith on representations made by the minor. LRB103 37486 CES 67609 b LRB103 37486 CES 67609 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4876 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
3	3	325 ILCS 5/3 from Ch. 23, par. 2053410 ILCS 210/1.5 325 ILCS 5/3 from Ch. 23, par. 2053 410 ILCS 210/1.5
4	4	325 ILCS 5/3 from Ch. 23, par. 2053
5	5	410 ILCS 210/1.5
6	6	Amends the Abused and Neglected Child Reporting Act. Provides that "abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent denies the child access to necessary medical care, including, but not limited to, primary care services, abortion services, or gender-affirming services. Amends the Consent by Minors to Health Care Services Act. Specifies that consent to the performance of abortion services and gender-affirming services executed by a minor is not voidable because of such minority. Provides that a health care professional rendering abortion services and gender-affirming services shall not incur civil or criminal liability for failure to obtain valid consent or professional discipline for failure to obtain valid consent if the health care professional relied in good faith on representations made by the minor.
7	7	LRB103 37486 CES 67609 b LRB103 37486 CES 67609 b
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9	9	A BILL FOR
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12	12	1 AN ACT concerning health.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 5. The Abused and Neglected Child Reporting Act is
16	16	5 amended by changing Section 3 as follows:
17	17	6 (325 ILCS 5/3) (from Ch. 23, par. 2053)
18	18	7 Sec. 3. As used in this Act unless the context otherwise
19	19	8 requires:
20	20	9 "Adult resident" means any person between 18 and 22 years
21	21	10 of age who resides in any facility licensed by the Department
22	22	11 under the Child Care Act of 1969. For purposes of this Act, the
23	23	12 criteria set forth in the definitions of "abused child" and
24	24	13 "neglected child" shall be used in determining whether an
25	25	14 adult resident is abused or neglected.
26	26	15 "Agency" means a child care facility licensed under
27	27	16 Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
28	28	17 includes a transitional living program that accepts children
29	29	18 and adult residents for placement who are in the guardianship
30	30	19 of the Department.
31	31	20 "Blatant disregard" means an incident where the real,
32	32	21 significant, and imminent risk of harm would be so obvious to a
33	33	22 reasonable parent or caretaker that it is unlikely that a
34	34	23 reasonable parent or caretaker would have exposed the child to
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38	38	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4876 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED:
39	39	325 ILCS 5/3 from Ch. 23, par. 2053410 ILCS 210/1.5 325 ILCS 5/3 from Ch. 23, par. 2053 410 ILCS 210/1.5
40	40	325 ILCS 5/3 from Ch. 23, par. 2053
41	41	410 ILCS 210/1.5
42	42	Amends the Abused and Neglected Child Reporting Act. Provides that "abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent denies the child access to necessary medical care, including, but not limited to, primary care services, abortion services, or gender-affirming services. Amends the Consent by Minors to Health Care Services Act. Specifies that consent to the performance of abortion services and gender-affirming services executed by a minor is not voidable because of such minority. Provides that a health care professional rendering abortion services and gender-affirming services shall not incur civil or criminal liability for failure to obtain valid consent or professional discipline for failure to obtain valid consent if the health care professional relied in good faith on representations made by the minor.
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45	45	A BILL FOR
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71	71	1 the danger without exercising precautionary measures to
72	72	2 protect the child from harm. With respect to a person working
73	73	3 at an agency in the person's professional capacity with a
74	74	4 child or adult resident, "blatant disregard" includes a
75	75	5 failure by the person to perform job responsibilities intended
76	76	6 to protect the child's or adult resident's health, physical
77	77	7 well-being, or welfare, and, when viewed in light of the
78	78	8 surrounding circumstances, evidence exists that would cause a
79	79	9 reasonable person to believe that the child was neglected.
80	80	10 With respect to an agency, "blatant disregard" includes a
81	81	11 failure to implement practices that ensure the health,
82	82	12 physical well-being, or welfare of the children and adult
83	83	13 residents residing in the facility.
84	84	14 "Child" means any person under the age of 18 years, unless
85	85	15 legally emancipated by reason of marriage or entry into a
86	86	16 branch of the United States armed services.
87	87	17 "Department" means Department of Children and Family
88	88	18 Services.
89	89	19 "Local law enforcement agency" means the police of a city,
90	90	20 town, village or other incorporated area or the sheriff of an
91	91	21 unincorporated area or any sworn officer of the Illinois State
92	92	22 Police.
93	93	23 "Abused child" means a child whose parent or immediate
94	94	24 family member, or any person responsible for the child's
95	95	25 welfare, or any individual residing in the same home as the
96	96	26 child, or a paramour of the child's parent:
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107	107	1 (a) inflicts, causes to be inflicted, or allows to be
108	108	2 inflicted upon such child physical injury, by other than
109	109	3 accidental means, which causes death, disfigurement,
110	110	4 impairment of physical or emotional health, or loss or
111	111	5 impairment of any bodily function;
112	112	6 (b) creates a substantial risk of physical injury to
113	113	7 such child by other than accidental means which would be
114	114	8 likely to cause death, disfigurement, impairment of
115	115	9 physical or emotional health, or loss or impairment of any
116	116	10 bodily function;
117	117	11 (c) commits or allows to be committed any sex offense
118	118	12 against such child, as such sex offenses are defined in
119	119	13 the Criminal Code of 2012 or in the Wrongs to Children Act,
120	120	14 and extending those definitions of sex offenses to include
121	121	15 children under 18 years of age;
122	122	16 (d) commits or allows to be committed an act or acts of
123	123	17 torture upon such child;
124	124	18 (e) inflicts excessive corporal punishment or, in the
125	125	19 case of a person working for an agency who is prohibited
126	126	20 from using corporal punishment, inflicts corporal
127	127	21 punishment upon a child or adult resident with whom the
128	128	22 person is working in the person's professional capacity;
129	129	23 (f) commits or allows to be committed the offense of
130	130	24 female genital mutilation, as defined in Section 12-34 of
131	131	25 the Criminal Code of 2012, against the child;
132	132	26 (g) causes to be sold, transferred, distributed, or
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143	143	1 given to such child under 18 years of age, a controlled
144	144	2 substance as defined in Section 102 of the Illinois
145	145	3 Controlled Substances Act in violation of Article IV of
146	146	4 the Illinois Controlled Substances Act or in violation of
147	147	5 the Methamphetamine Control and Community Protection Act,
148	148	6 except for controlled substances that are prescribed in
149	149	7 accordance with Article III of the Illinois Controlled
150	150	8 Substances Act and are dispensed to such child in a manner
151	151	9 that substantially complies with the prescription;
152	152	10 (h) commits or allows to be committed the offense of
153	153	11 involuntary servitude, involuntary sexual servitude of a
154	154	12 minor, or trafficking in persons as defined in Section
155	155	13 10-9 of the Criminal Code of 2012 against the child; or
156	156	14 (i) commits the offense of grooming, as defined in
157	157	15 Section 11-25 of the Criminal Code of 2012, against the
158	158	16 child; or .
159	159	17 (j) denies the child access to necessary medical care,
160	160	18 including, but not limited to:
161	161	19 (1) primary care services, as defined in Section
162	162	20 1.5 of the Consent by Minors to Health Care Services
163	163	21 Act;
164	164	22 (2) abortion services, as defined in Section 1-10
165	165	23 of the Reproductive Health Act; or
166	166	24 (3) gender-affirming services, as defined in
167	167	25 Section 1-10 of the Reproductive Health Act.
168	168	26 A child shall not be considered abused for the sole reason
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179	179	1 that the child has been relinquished in accordance with the
180	180	2 Abandoned Newborn Infant Protection Act.
181	181	3 "Neglected child" means any child who is not receiving the
182	182	4 proper or necessary nourishment or medically indicated
183	183	5 treatment including food or care not provided solely on the
184	184	6 basis of the present or anticipated mental or physical
185	185	7 impairment as determined by a physician acting alone or in
186	186	8 consultation with other physicians or otherwise is not
187	187	9 receiving the proper or necessary support or medical or other
188	188	10 remedial care recognized under State law as necessary for a
189	189	11 child's well-being, or other care necessary for the child's
190	190	12 well-being, including adequate food, clothing and shelter; or
191	191	13 who is subjected to an environment which is injurious insofar
192	192	14 as (i) the child's environment creates a likelihood of harm to
193	193	15 the child's health, physical well-being, or welfare and (ii)
194	194	16 the likely harm to the child is the result of a blatant
195	195	17 disregard of parent, caretaker, person responsible for the
196	196	18 child's welfare, or agency responsibilities; or who is
197	197	19 abandoned by the child's parents or other person responsible
198	198	20 for the child's welfare without a proper plan of care; or who
199	199	21 has been provided with interim crisis intervention services
200	200	22 under Section 3-5 of the Juvenile Court Act of 1987 and whose
201	201	23 parent, guardian, or custodian refuses to permit the child to
202	202	24 return home and no other living arrangement agreeable to the
203	203	25 parent, guardian, or custodian can be made, and the parent,
204	204	26 guardian, or custodian has not made any other appropriate
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215	215	1 living arrangement for the child; or who is a newborn infant
216	216	2 whose blood, urine, or meconium contains any amount of a
217	217	3 controlled substance as defined in subsection (f) of Section
218	218	4 102 of the Illinois Controlled Substances Act or a metabolite
219	219	5 thereof, with the exception of a controlled substance or
220	220	6 metabolite thereof whose presence in the newborn infant is the
221	221	7 result of medical treatment administered to the person who
222	222	8 gave birth or the newborn infant. A child shall not be
223	223	9 considered neglected for the sole reason that the child's
224	224	10 parent or other person responsible for the child's welfare has
225	225	11 left the child in the care of an adult relative for any period
226	226	12 of time. A child shall not be considered neglected for the sole
227	227	13 reason that the child has been relinquished in accordance with
228	228	14 the Abandoned Newborn Infant Protection Act. A child shall not
229	229	15 be considered neglected or abused for the sole reason that
230	230	16 such child's parent or other person responsible for the
231	231	17 child's welfare depends upon spiritual means through prayer
232	232	18 alone for the treatment or cure of disease or remedial care as
233	233	19 provided under Section 4 of this Act. A child shall not be
234	234	20 considered neglected or abused solely because the child is not
235	235	21 attending school in accordance with the requirements of
236	236	22 Article 26 of The School Code, as amended.
237	237	23 "Child Protective Service Unit" means certain specialized
238	238	24 State employees of the Department assigned by the Director to
239	239	25 perform the duties and responsibilities as provided under
240	240	26 Section 7.2 of this Act.
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251	251	1 "Near fatality" means an act that, as certified by a
252	252	2 physician, places the child in serious or critical condition,
253	253	3 including acts of great bodily harm inflicted upon children
254	254	4 under 13 years of age, and as otherwise defined by Department
255	255	5 rule.
256	256	6 "Great bodily harm" includes bodily injury which creates a
257	257	7 high probability of death, or which causes serious permanent
258	258	8 disfigurement, or which causes a permanent or protracted loss
259	259	9 or impairment of the function of any bodily member or organ, or
260	260	10 other serious bodily harm.
261	261	11 "Person responsible for the child's welfare" means the
262	262	12 child's parent; guardian; foster parent; relative caregiver;
263	263	13 any person responsible for the child's welfare in a public or
264	264	14 private residential agency or institution; any person
265	265	15 responsible for the child's welfare within a public or private
266	266	16 profit or not for profit child care facility; or any other
267	267	17 person responsible for the child's welfare at the time of the
268	268	18 alleged abuse or neglect, including any person who commits or
269	269	19 allows to be committed, against the child, the offense of
270	270	20 involuntary servitude, involuntary sexual servitude of a
271	271	21 minor, or trafficking in persons for forced labor or services,
272	272	22 as provided in Section 10-9 of the Criminal Code of 2012,
273	273	23 including, but not limited to, the custodian of the minor, or
274	274	24 any person who came to know the child through an official
275	275	25 capacity or position of trust, including, but not limited to,
276	276	26 health care professionals, educational personnel, recreational
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287	287	1 supervisors, members of the clergy, and volunteers or support
288	288	2 personnel in any setting where children may be subject to
289	289	3 abuse or neglect.
290	290	4 "Temporary protective custody" means custody within a
291	291	5 hospital or other medical facility or a place previously
292	292	6 designated for such custody by the Department, subject to
293	293	7 review by the Court, including a licensed foster home, group
294	294	8 home, or other institution; but such place shall not be a jail
295	295	9 or other place for the detention of criminal or juvenile
296	296	10 offenders.
297	297	11 "An unfounded report" means any report made under this Act
298	298	12 for which it is determined after an investigation that no
299	299	13 credible evidence of abuse or neglect exists.
300	300	14 "An indicated report" means a report made under this Act
301	301	15 if an investigation determines that credible evidence of the
302	302	16 alleged abuse or neglect exists.
303	303	17 "An undetermined report" means any report made under this
304	304	18 Act in which it was not possible to initiate or complete an
305	305	19 investigation on the basis of information provided to the
306	306	20 Department.
307	307	21 "Subject of report" means any child reported to the
308	308	22 central register of child abuse and neglect established under
309	309	23 Section 7.7 of this Act as an alleged victim of child abuse or
310	310	24 neglect and the parent or guardian of the alleged victim or
311	311	25 other person responsible for the alleged victim's welfare who
312	312	26 is named in the report or added to the report as an alleged
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323	323	1 perpetrator of child abuse or neglect.
324	324	2 "Perpetrator" means a person who, as a result of
325	325	3 investigation, has been determined by the Department to have
326	326	4 caused child abuse or neglect.
327	327	5 "Member of the clergy" means a clergyperson or
328	328	6 practitioner of any religious denomination accredited by the
329	329	7 religious body to which the clergyperson or practitioner
330	330	8 belongs.
331	331	9 (Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
332	332	10 102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)
333	333	11 Section 10. The Consent by Minors to Health Care Services
334	334	12 Act is amended by changing Section 1.5 as follows:
335	335	13 (410 ILCS 210/1.5)
336	336	14 Sec. 1.5. Consent by minor seeking care for limited
337	337	15 primary care services.
338	338	16 (a) The consent to the performance of primary care
339	339	17 services, abortion services, and gender-affirming services by
340	340	18 a physician licensed to practice medicine in all its branches,
341	341	19 a licensed advanced practice registered nurse, a licensed
342	342	20 physician assistant, a chiropractic physician, or a licensed
343	343	21 optometrist executed by a minor seeking care is not voidable
344	344	22 because of such minority, and for such purpose, a minor
345	345	23 seeking care is deemed to have the same legal capacity to act
346	346	24 and has the same powers and obligations as has a person of
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357	357	1 legal age if under the following circumstances: (1) the health
358	358	2 care professional reasonably believes that the minor seeking
359	359	3 care understands the benefits and risks of any proposed
360	360	4 primary care or services. ; and
361	361	5 (2) the minor seeking care is identified in writing as
362	362	6 a minor seeking care by:
363	363	7 (A) an adult relative;
364	364	8 (B) a representative of a homeless service agency
365	365	9 that receives federal, State, county, or municipal
366	366	10 funding to provide those services or that is otherwise
367	367	11 sanctioned by a local continuum of care;
368	368	12 (C) an attorney licensed to practice law in this
369	369	13 State;
370	370	14 (D) a public school homeless liaison or school
371	371	15 social worker;
372	372	16 (E) a social service agency providing services to
373	373	17 at risk, homeless, or runaway youth; or
374	374	18 (F) a representative of a religious organization.
375	375	19 (b) A health care professional rendering primary care
376	376	20 services, abortion services, and gender-affirming services,
377	377	21 under this Section shall not incur civil or criminal liability
378	378	22 for failure to obtain valid consent or professional discipline
379	379	23 for failure to obtain valid consent if he or she relied in good
380	380	24 faith on the representations made by the minor or the
381	381	25 information provided under paragraph (2) of subsection (a) of
382	382	26 this Section. Under such circumstances, good faith shall be
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393	393	1 presumed.
394	394	2 (c) The confidential nature of any communication between a
395	395	3 health care professional described in Section 1 of this Act
396	396	4 and a minor seeking care is not waived (1) by the presence, at
397	397	5 the time of communication, of any additional persons present
398	398	6 at the request of the minor seeking care, (2) by the health
399	399	7 care professional's disclosure of confidential information to
400	400	8 the additional person with the consent of the minor seeking
401	401	9 care, when reasonably necessary to accomplish the purpose for
402	402	10 which the additional person is consulted, or (3) by the health
403	403	11 care professional billing a health benefit insurance or plan
404	404	12 under which the minor seeking care is insured, is enrolled, or
405	405	13 has coverage for the services provided.
406	406	14 (d) Nothing in this Section shall be construed to limit or
407	407	15 expand a minor's existing powers and obligations under any
408	408	16 federal, State, or local law. Nothing in this Section affects
409	409	17 the right or authority of a parent or legal guardian to
410	410	18 verbally, in writing, or otherwise authorize health care
411	411	19 services to be provided for a minor in their absence.
412	412	20 (e) For the purposes of this Section:
413	413	21 "Abortion services" has the meaning given in Section 1-10
414	414	22 of the Reproductive Health Act.
415	415	23 "Gender-affirming services" has the meaning given in
416	416	24 Section 1-10 of the Reproductive Health Act.
417	417	25 "Minor seeking care" means a person at least 14 years of
418	418	26 age but less than 18 years of age who is living separate and
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