Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2032 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2032 Introduced 2/6/2025, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED: 325 ILCS 5/3 from Ch. 23, par. 2053 Amends the Abused and Neglected Child Reporting Act. In the definition of "abused child", changes the list of persons who may be consider 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 responsible for the child's welfare, is an immediate family member, or resides in the same home as the child. LRB104 12123 KTG 22222 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2032 Introduced 2/6/2025, by Sen. Celina Villanueva 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 "abused child", changes the list of persons who may be consider 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 responsible for the child's welfare, is an immediate family member, or resides in the same home as the child. LRB104 12123 KTG 22222 b LRB104 12123 KTG 22222 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2032 Introduced 2/6/2025, by Sen. Celina Villanueva 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 "abused child", changes the list of persons who may be consider 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 responsible for the child's welfare, is an immediate family member, or resides in the same home as the child.
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8	8	A BILL FOR
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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
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2032 Introduced 2/6/2025, by Sen. Celina Villanueva 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 "abused child", changes the list of persons who may be consider 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 responsible for the child's welfare, is an immediate family member, or resides in the same home as the child.
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43	43	A BILL FOR
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49	49	325 ILCS 5/3 from Ch. 23, par. 2053
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68	68	1 the danger without exercising precautionary measures to
69	69	2 protect the child from harm. With respect to a person working
70	70	3 at an agency in the person's professional capacity with a
71	71	4 child or adult resident, "blatant disregard" includes a
72	72	5 failure by the person to perform job responsibilities intended
73	73	6 to protect the child's or adult resident's health, physical
74	74	7 well-being, or welfare, and, when viewed in light of the
75	75	8 surrounding circumstances, evidence exists that would cause a
76	76	9 reasonable person to believe that the child was neglected.
77	77	10 With respect to an agency, "blatant disregard" includes a
78	78	11 failure to implement practices that ensure the health,
79	79	12 physical well-being, or welfare of the children and adult
80	80	13 residents residing in the facility.
81	81	14 "Child" means any person under the age of 18 years, unless
82	82	15 legally emancipated by reason of marriage or entry into a
83	83	16 branch of the United States armed services.
84	84	17 "Department" means Department of Children and Family
85	85	18 Services.
86	86	19 "Local law enforcement agency" means the police of a city,
87	87	20 town, village or other incorporated area or the sheriff of an
88	88	21 unincorporated area or any sworn officer of the Illinois State
89	89	22 Police.
90	90	23 "Abused child" means a child whose parent or parent's
91	91	24 paramour or any other person 14 years of age or older who is
92	92	25 responsible for the child's welfare, is an immediate family
93	93	26 member, or resides in the same home as the child or immediate
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104	104	1 family member, or any person responsible for the child's
105	105	2 welfare, or any individual residing in the same home as the
106	106	3 child, or a paramour of the child's parent:
107	107	4 (a) inflicts, causes to be inflicted, or allows to be
108	108	5 inflicted upon such child physical injury, by other than
109	109	6 accidental means, which causes death, disfigurement,
110	110	7 impairment of physical or emotional health, or loss or
111	111	8 impairment of any bodily function;
112	112	9 (b) creates a substantial risk of physical injury to
113	113	10 such child by other than accidental means which would be
114	114	11 likely to cause death, disfigurement, impairment of
115	115	12 physical or emotional health, or loss or impairment of any
116	116	13 bodily function;
117	117	14 (c) commits or allows to be committed any sex offense
118	118	15 against such child, as such sex offenses are defined in
119	119	16 the Criminal Code of 2012 or in the Wrongs to Children Act,
120	120	17 and extending those definitions of sex offenses to include
121	121	18 children under 18 years of age;
122	122	19 (d) commits or allows to be committed an act or acts of
123	123	20 torture upon such child;
124	124	21 (e) inflicts excessive corporal punishment or, in the
125	125	22 case of a person working for an agency who is prohibited
126	126	23 from using corporal punishment, inflicts corporal
127	127	24 punishment upon a child or adult resident with whom the
128	128	25 person is working in the person's professional capacity;
129	129	26 (f) commits or allows to be committed the offense of
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140	140	1 female genital mutilation, as defined in Section 12-34 of
141	141	2 the Criminal Code of 2012, against the child;
142	142	3 (g) causes to be sold, transferred, distributed, or
143	143	4 given to such child under 18 years of age, a controlled
144	144	5 substance as defined in Section 102 of the Illinois
145	145	6 Controlled Substances Act in violation of Article IV of
146	146	7 the Illinois Controlled Substances Act or in violation of
147	147	8 the Methamphetamine Control and Community Protection Act,
148	148	9 except for controlled substances that are prescribed in
149	149	10 accordance with Article III of the Illinois Controlled
150	150	11 Substances Act and are dispensed to such child in a manner
151	151	12 that substantially complies with the prescription;
152	152	13 (h) commits or allows to be committed the offense of
153	153	14 involuntary servitude, involuntary sexual servitude of a
154	154	15 minor, or trafficking in persons as defined in Section
155	155	16 10-9 of the Criminal Code of 2012 against the child; or
156	156	17 (i) commits the offense of grooming, as defined in
157	157	18 Section 11-25 of the Criminal Code of 2012, against the
158	158	19 child.
159	159	20 A child shall not be considered abused for the sole reason
160	160	21 that the child has been relinquished in accordance with the
161	161	22 Abandoned Newborn Infant Protection Act.
162	162	23 "Neglected child" means any child who is not receiving the
163	163	24 proper or necessary nourishment or medically indicated
164	164	25 treatment including food or care not provided solely on the
165	165	26 basis of the present or anticipated mental or physical
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176	176	1 impairment as determined by a physician acting alone or in
177	177	2 consultation with other physicians or otherwise is not
178	178	3 receiving the proper or necessary support or medical or other
179	179	4 remedial care recognized under State law as necessary for a
180	180	5 child's well-being, or other care necessary for the child's
181	181	6 well-being, including adequate food, clothing and shelter; or
182	182	7 who is subjected to an environment which is injurious insofar
183	183	8 as (i) the child's environment creates a likelihood of harm to
184	184	9 the child's health, physical well-being, or welfare and (ii)
185	185	10 the likely harm to the child is the result of a blatant
186	186	11 disregard of parent, caretaker, person responsible for the
187	187	12 child's welfare, or agency responsibilities; or who is
188	188	13 abandoned by the child's parents or other person responsible
189	189	14 for the child's welfare without a proper plan of care; or who
190	190	15 has been provided with interim crisis intervention services
191	191	16 under Section 3-5 of the Juvenile Court Act of 1987 and whose
192	192	17 parent, guardian, or custodian refuses to permit the child to
193	193	18 return home and no other living arrangement agreeable to the
194	194	19 parent, guardian, or custodian can be made, and the parent,
195	195	20 guardian, or custodian has not made any other appropriate
196	196	21 living arrangement for the child; or who is a newborn infant
197	197	22 whose blood, urine, or meconium contains any amount of a
198	198	23 controlled substance as defined in subsection (f) of Section
199	199	24 102 of the Illinois Controlled Substances Act or a metabolite
200	200	25 thereof, with the exception of a controlled substance or
201	201	26 metabolite thereof whose presence in the newborn infant is the
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212	212	1 result of medical treatment administered to the person who
213	213	2 gave birth or the newborn infant. A child shall not be
214	214	3 considered neglected for the sole reason that the child's
215	215	4 parent or other person responsible for the child's welfare has
216	216	5 left the child in the care of an adult relative for any period
217	217	6 of time. A child shall not be considered neglected for the sole
218	218	7 reason that the child has been relinquished in accordance with
219	219	8 the Abandoned Newborn Infant Protection Act. A child shall not
220	220	9 be considered neglected or abused for the sole reason that
221	221	10 such child's parent or other person responsible for the
222	222	11 child's welfare depends upon spiritual means through prayer
223	223	12 alone for the treatment or cure of disease or remedial care as
224	224	13 provided under Section 4 of this Act. A child shall not be
225	225	14 considered neglected or abused solely because the child is not
226	226	15 attending school in accordance with the requirements of
227	227	16 Article 26 of The School Code, as amended.
228	228	17 "Child Protective Service Unit" means certain specialized
229	229	18 State employees of the Department assigned by the Director to
230	230	19 perform the duties and responsibilities as provided under
231	231	20 Section 7.2 of this Act.
232	232	21 "Near fatality" means an act that, as certified by a
233	233	22 physician, places the child in serious or critical condition,
234	234	23 including acts of great bodily harm inflicted upon children
235	235	24 under 13 years of age, and as otherwise defined by Department
236	236	25 rule.
237	237	26 "Great bodily harm" includes bodily injury which creates a
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248	248	1 high probability of death, or which causes serious permanent
249	249	2 disfigurement, or which causes a permanent or protracted loss
250	250	3 or impairment of the function of any bodily member or organ, or
251	251	4 other serious bodily harm.
252	252	5 "Person responsible for the child's welfare" means the
253	253	6 child's parent; guardian; foster parent; relative caregiver;
254	254	7 any person responsible for the child's welfare in a public or
255	255	8 private residential agency or institution; any person
256	256	9 responsible for the child's welfare within a public or private
257	257	10 profit or not for profit child care facility; or any other
258	258	11 person responsible for the child's welfare at the time of the
259	259	12 alleged abuse or neglect, including any person who commits or
260	260	13 allows to be committed, against the child, the offense of
261	261	14 involuntary servitude, involuntary sexual servitude of a
262	262	15 minor, or trafficking in persons for forced labor or services,
263	263	16 as provided in Section 10-9 of the Criminal Code of 2012,
264	264	17 including, but not limited to, the custodian of the minor, or
265	265	18 any person who came to know the child through an official
266	266	19 capacity or position of trust, including, but not limited to,
267	267	20 health care professionals, educational personnel, recreational
268	268	21 supervisors, members of the clergy, and volunteers or support
269	269	22 personnel in any setting where children may be subject to
270	270	23 abuse or neglect.
271	271	24 "Temporary protective custody" means custody within a
272	272	25 hospital or other medical facility or a place previously
273	273	26 designated for such custody by the Department, subject to
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284	284	1 review by the Court, including a licensed foster home, group
285	285	2 home, or other institution; but such place shall not be a jail
286	286	3 or other place for the detention of criminal or juvenile
287	287	4 offenders.
288	288	5 "An unfounded report" means any report made under this Act
289	289	6 for which it is determined after an investigation that no
290	290	7 credible evidence of abuse or neglect exists.
291	291	8 "An indicated report" means a report made under this Act
292	292	9 if an investigation determines that credible evidence of the
293	293	10 alleged abuse or neglect exists.
294	294	11 "An undetermined report" means any report made under this
295	295	12 Act in which it was not possible to initiate or complete an
296	296	13 investigation on the basis of information provided to the
297	297	14 Department.
298	298	15 "Subject of report" means any child reported to the
299	299	16 central register of child abuse and neglect established under
300	300	17 Section 7.7 of this Act as an alleged victim of child abuse or
301	301	18 neglect and the parent or guardian of the alleged victim or
302	302	19 other person responsible for the alleged victim's welfare who
303	303	20 is named in the report or added to the report as an alleged
304	304	21 perpetrator of child abuse or neglect.
305	305	22 "Perpetrator" means a person who, as a result of
306	306	23 investigation, has been determined by the Department to have
307	307	24 caused child abuse or neglect.
308	308	25 "Member of the clergy" means a clergyperson or
309	309	26 practitioner of any religious denomination accredited by the
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