Bill Amendment: IL SB0391 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: MED ASSISTANCE-MENTAL HEALTH
Status: 2019-12-20 - Public Act . . . . . . . . . 101-0616 [SB0391 Detail]
Download: Illinois-2019-SB0391-Senate_Amendment_001.html
Bill Title: MED ASSISTANCE-MENTAL HEALTH
Status: 2019-12-20 - Public Act . . . . . . . . . 101-0616 [SB0391 Detail]
Download: Illinois-2019-SB0391-Senate_Amendment_001.html
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1 | AMENDMENT TO SENATE BILL 391
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2 | AMENDMENT NO. ______. Amend Senate Bill 391 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Abused and Neglected Child Reporting Act is | ||||||
5 | amended by changing Section 3 as follows:
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6 | (325 ILCS 5/3) (from Ch. 23, par. 2053) | ||||||
7 | Sec. 3. As used in this Act unless the context otherwise | ||||||
8 | requires: | ||||||
9 | "Adult resident" means any person between 18 and 22 years | ||||||
10 | of age who resides in any facility licensed by the Department | ||||||
11 | under the Child Care Act of 1969. For purposes of this Act, the | ||||||
12 | criteria set forth in the definitions of "abused child" and | ||||||
13 | "neglected child" shall be used in determining whether an adult | ||||||
14 | resident is abused or neglected. | ||||||
15 | "Agency" means a child care facility licensed under Section | ||||||
16 | 2.05 or Section 2.06 of the Child Care Act of 1969 and includes |
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1 | a transitional living program that accepts children and adult | ||||||
2 | residents for placement who are in the guardianship of the | ||||||
3 | Department. | ||||||
4 | "Blatant disregard" means an incident where the real, | ||||||
5 | significant, and imminent risk of harm would be so obvious to a | ||||||
6 | reasonable parent or caretaker that it is unlikely that a | ||||||
7 | reasonable parent or caretaker would have exposed the child to | ||||||
8 | the danger without exercising precautionary measures to | ||||||
9 | protect the child from harm. With respect to a person working | ||||||
10 | at an agency in his or her professional capacity with a child | ||||||
11 | or adult resident, "blatant disregard" includes a failure by | ||||||
12 | the person to perform job responsibilities intended to protect | ||||||
13 | the child's or adult resident's health, physical well-being, or | ||||||
14 | welfare, and, when viewed in light of the surrounding | ||||||
15 | circumstances, evidence exists that would cause a reasonable | ||||||
16 | person to believe that the child was neglected. With respect to | ||||||
17 | an agency, "blatant disregard" includes a failure to implement | ||||||
18 | practices that ensure the health, physical well-being, or | ||||||
19 | welfare of the children and adult residents residing in the | ||||||
20 | facility. | ||||||
21 | "Child" means any person under the age of 18 years, unless | ||||||
22 | legally
emancipated by reason of marriage or entry into a | ||||||
23 | branch of the United
States armed services. | ||||||
24 | "Department" means Department of Children and Family | ||||||
25 | Services. | ||||||
26 | "Local law enforcement agency" means the police of a city, |
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1 | town,
village or other incorporated area or the sheriff of an | ||||||
2 | unincorporated
area or any sworn officer of the Illinois | ||||||
3 | Department of State Police. | ||||||
4 | "Abused child"
means a child whose parent or immediate | ||||||
5 | family
member,
or any person responsible for the child's | ||||||
6 | welfare, or any individual
residing in the same home as the | ||||||
7 | child, or a paramour of the child's parent: | ||||||
8 | (a) inflicts, causes to be inflicted, or allows to be
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9 | inflicted upon
such child physical injury, by other than | ||||||
10 | accidental means, which causes
death, disfigurement, | ||||||
11 | impairment of physical or
emotional health, or loss or | ||||||
12 | impairment of any bodily function; | ||||||
13 | (b) creates a substantial risk of physical injury to | ||||||
14 | such
child by
other than accidental means which would be | ||||||
15 | likely to cause death,
disfigurement, impairment of | ||||||
16 | physical or emotional health, or loss or
impairment of any | ||||||
17 | bodily function; | ||||||
18 | (c) commits or allows to be committed any sex offense | ||||||
19 | against
such child,
as such sex offenses are defined in the | ||||||
20 | Criminal Code of 2012 or in the Wrongs to Children Act,
and | ||||||
21 | extending those definitions of sex offenses to include | ||||||
22 | children under
18 years of age; | ||||||
23 | (d) commits or allows to be committed an act or acts of
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24 | torture upon
such child; | ||||||
25 | (e) inflicts excessive corporal punishment or, in the | ||||||
26 | case of a person working for an agency who is prohibited |
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1 | from using corporal punishment, inflicts corporal | ||||||
2 | punishment upon a child or adult resident with whom the | ||||||
3 | person is working in his or her professional capacity; | ||||||
4 | (f) commits or allows to be committed
the offense of
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5 | female
genital mutilation, as defined in Section 12-34 of | ||||||
6 | the Criminal Code of
2012, against the child; | ||||||
7 | (g) causes to be sold, transferred, distributed, or | ||||||
8 | given to
such child
under 18 years of age, a controlled | ||||||
9 | substance as defined in Section 102 of the
Illinois | ||||||
10 | Controlled Substances Act in violation of Article IV of the | ||||||
11 | Illinois
Controlled Substances Act or in violation of the | ||||||
12 | Methamphetamine Control and Community Protection Act, | ||||||
13 | except for controlled substances that are prescribed
in | ||||||
14 | accordance with Article III of the Illinois Controlled | ||||||
15 | Substances Act and
are dispensed to such child in a manner | ||||||
16 | that substantially complies with the
prescription; or | ||||||
17 | (h) commits or allows to be committed the offense of | ||||||
18 | involuntary servitude, involuntary sexual servitude of a | ||||||
19 | minor, or trafficking in persons as defined in Section 10-9 | ||||||
20 | of the Criminal Code of 2012 against the child. | ||||||
21 | A child shall not be considered abused for the sole reason | ||||||
22 | that the child
has been relinquished in accordance with the | ||||||
23 | Abandoned Newborn Infant
Protection Act. | ||||||
24 | A child shall not be considered abused for the sole reason | ||||||
25 | that the child has been diagnosed with or has tested positive | ||||||
26 | for Ehlers-Danlos syndrome, or for the sole reason that the |
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1 | child's parent, sibling, or grandparent has been diagnosed with | ||||||
2 | or has tested positive for Ehlers-Danlos syndrome. | ||||||
3 | "Neglected child" means any child who is not receiving the | ||||||
4 | proper or
necessary nourishment or medically indicated | ||||||
5 | treatment including food or care
not provided solely on the | ||||||
6 | basis of the present or anticipated mental or
physical | ||||||
7 | impairment as determined by a physician acting alone or in
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8 | consultation with other physicians or otherwise is not | ||||||
9 | receiving the proper or
necessary support or medical or other | ||||||
10 | remedial care recognized under State law
as necessary for a | ||||||
11 | child's well-being, or other care necessary for his or her
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12 | well-being, including adequate food, clothing and shelter; or | ||||||
13 | who is subjected to an environment which is injurious insofar | ||||||
14 | as (i) the child's environment creates a likelihood of harm to | ||||||
15 | the child's health, physical well-being, or welfare and (ii) | ||||||
16 | the likely harm to the child is the result of a blatant | ||||||
17 | disregard of parent, caretaker, or agency responsibilities; or | ||||||
18 | who is abandoned
by his or her parents or other person | ||||||
19 | responsible for the child's welfare
without a proper plan of | ||||||
20 | care; or who has been provided with interim crisis intervention | ||||||
21 | services under
Section 3-5 of
the Juvenile Court Act of 1987 | ||||||
22 | and whose parent, guardian, or custodian refuses to
permit
the | ||||||
23 | child to return home and no other living arrangement agreeable
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24 | to the parent, guardian, or custodian can be made, and the | ||||||
25 | parent, guardian, or custodian has not made any other | ||||||
26 | appropriate living arrangement for the child; or who is a |
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1 | newborn infant whose blood, urine,
or meconium
contains any | ||||||
2 | amount of a controlled substance as defined in subsection (f) | ||||||
3 | of
Section 102 of the Illinois Controlled Substances Act or a | ||||||
4 | metabolite thereof,
with the exception of a controlled | ||||||
5 | substance or metabolite thereof whose
presence in the newborn | ||||||
6 | infant is the result of medical treatment administered
to the | ||||||
7 | mother or the newborn infant. A child shall not be considered | ||||||
8 | neglected
for the sole reason that the child's parent or other | ||||||
9 | person responsible for his
or her welfare has left the child in | ||||||
10 | the care of an adult relative for any
period of time. A child | ||||||
11 | shall not be considered neglected for the sole reason
that the | ||||||
12 | child has been relinquished in accordance with the Abandoned | ||||||
13 | Newborn
Infant Protection Act. A child shall not be considered | ||||||
14 | neglected or abused
for the
sole reason that such child's | ||||||
15 | parent or other person responsible for his or her
welfare | ||||||
16 | depends upon spiritual means through prayer alone for the | ||||||
17 | treatment or
cure of disease or remedial care as provided under | ||||||
18 | Section 4 of this Act. A
child shall not be considered | ||||||
19 | neglected or abused solely because the child is
not attending | ||||||
20 | school in accordance with the requirements of Article 26 of The
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21 | School Code, as amended. | ||||||
22 | "Child Protective Service Unit" means certain specialized | ||||||
23 | State employees of
the Department assigned by the Director to | ||||||
24 | perform the duties and
responsibilities as provided under | ||||||
25 | Section 7.2 of this Act. | ||||||
26 | "Near fatality" means an act that, as certified by a |
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1 | physician, places the child in serious or critical condition, | ||||||
2 | including acts of great bodily harm inflicted upon children | ||||||
3 | under 13 years of age, and as otherwise defined by Department | ||||||
4 | rule. | ||||||
5 | "Great bodily harm" includes bodily injury which creates a | ||||||
6 | high probability of death, or which causes serious permanent | ||||||
7 | disfigurement, or which causes a permanent or protracted loss | ||||||
8 | or impairment of the function of any bodily member or organ, or | ||||||
9 | other serious bodily harm. | ||||||
10 | "Person responsible for the child's welfare" means the | ||||||
11 | child's parent;
guardian; foster parent; relative caregiver; | ||||||
12 | any person responsible for the
child's welfare in a public or | ||||||
13 | private residential agency or institution; any
person | ||||||
14 | responsible for the child's welfare within a public or private | ||||||
15 | profit or
not for profit child care facility; or any other | ||||||
16 | person responsible for the
child's welfare at the time of the | ||||||
17 | alleged abuse or neglect, including any person that is the | ||||||
18 | custodian of a child under 18 years of age who commits or | ||||||
19 | allows to be committed, against the child, the offense of | ||||||
20 | involuntary servitude, involuntary sexual servitude of a | ||||||
21 | minor, or trafficking in persons for forced labor or services, | ||||||
22 | as provided in Section 10-9 of the Criminal Code of 2012, or | ||||||
23 | any person who
came to know the child through an official | ||||||
24 | capacity or position of trust,
including but not limited to | ||||||
25 | health care professionals, educational personnel,
recreational | ||||||
26 | supervisors, members of the clergy, and volunteers or
support |
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1 | personnel in any setting
where children may be subject to abuse | ||||||
2 | or neglect. | ||||||
3 | "Temporary protective custody" means custody within a | ||||||
4 | hospital or
other medical facility or a place previously | ||||||
5 | designated for such custody
by the Department, subject to | ||||||
6 | review by the Court, including a licensed
foster home, group | ||||||
7 | home, or other institution; but such place shall not
be a jail | ||||||
8 | or other place for the detention of criminal or juvenile | ||||||
9 | offenders. | ||||||
10 | "An unfounded report" means any report made under this Act | ||||||
11 | for which
it is determined after an investigation that no | ||||||
12 | credible evidence of
abuse or neglect exists. | ||||||
13 | "An indicated report" means a report made under this Act if | ||||||
14 | an
investigation determines that credible evidence of the | ||||||
15 | alleged
abuse or neglect exists. | ||||||
16 | "An undetermined report" means any report made under this | ||||||
17 | Act in
which it was not possible to initiate or complete an | ||||||
18 | investigation on
the basis of information provided to the | ||||||
19 | Department. | ||||||
20 | "Subject of report" means any child reported to the central | ||||||
21 | register
of child abuse and neglect established under Section | ||||||
22 | 7.7 of this Act as an alleged victim of child abuse or neglect | ||||||
23 | and
the parent or guardian of the alleged victim or other | ||||||
24 | person responsible for the alleged victim's welfare who is | ||||||
25 | named in the report or added to the report as an alleged | ||||||
26 | perpetrator of child abuse or neglect. |
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1 | "Perpetrator" means a person who, as a result of | ||||||
2 | investigation, has
been determined by the Department to have | ||||||
3 | caused child abuse or neglect. | ||||||
4 | "Member of the clergy" means a clergyman or practitioner of | ||||||
5 | any religious
denomination accredited by the religious body to | ||||||
6 | which he or she belongs. | ||||||
7 | (Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19 .)
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
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