Bill Text: IL HB1087 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. Provides that a minor shall not be considered abused, neglected, or dependent solely because the parent or parents of the minor or other person or persons responsible for the minor's welfare repeatedly used a controlled substance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB1087 Detail]

Download: Illinois-2023-HB1087-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1087 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
705 ILCS 405/2-3 from Ch. 37, par. 802-3
Amends the Juvenile Court Act of 1987. Provides that a minor shall not be considered abused, neglected, or dependent solely because the parent or parents of the minor or other person or persons responsible for the minor's welfare repeatedly used a controlled substance.
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A BILL FOR
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AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 2-3 as follows:
(705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
Sec. 2-3. Neglected or abused minor.
(1) Those who are neglected include:
(a) any minor under 18 years of age or a minor 18 years
of age or older for whom the court has made a finding of
probable cause to believe that the minor is abused,
neglected, or dependent under subsection (1) of Section
2-10 prior to the minor's 18th birthday who is not
receiving the proper or necessary support, education as
required by law, or medical or other remedial care
recognized under State law as necessary for a minor's
well-being, or other care necessary for his or her
well-being, including adequate food, clothing and shelter,
or who is abandoned by his or her parent or parents or
other person or persons responsible for the minor's
welfare, except that a minor shall not be considered
neglected for the sole reason that the minor's parent or
parents or other person or persons responsible for the

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minor's welfare have left the minor in the care of an adult
relative for any period of time, who the parent or parents
or other person responsible for the minor's welfare know
is both a mentally capable adult relative and physically
capable adult relative, as defined by this Act; or
(b) any minor under 18 years of age or a minor 18 years
of age or older for whom the court has made a finding of
probable cause to believe that the minor is abused,
neglected, or dependent under subsection (1) of Section
2-10 prior to the minor's 18th birthday whose environment
is injurious to his or her welfare; except that a minor
shall not be considered abused, neglected, or dependent
solely because the parent or parents of the minor or other
person or persons responsible for the minor's welfare
repeatedly used a controlled substance as defined in
subsection (f) of Section 102 of the Illinois Controlled
Substances Act, or a metabolite of a controlled substance;
or
(c) any newborn infant whose blood, urine, or meconium
contains any amount of a controlled substance as defined
in subsection (f) of Section 102 of the Illinois
Controlled Substances Act, as now or hereafter amended, or
a metabolite of a controlled substance, with the exception
of controlled substances or metabolites of such
substances, the presence of which in the newborn infant is
the result of medical treatment administered to the mother

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or the newborn infant; or
(d) 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; or
(e) any minor who has been provided with interim
crisis intervention services under Section 3-5 of this Act
and whose parent, guardian, or custodian refuses to permit
the minor to return home unless the minor is an immediate
physical danger to himself, herself, or others living in
the home.
Whether the minor was left without regard for the mental
or physical health, safety, or welfare of that minor or the
period of time was unreasonable shall be determined by
considering the following factors, including but not limited
to:
(1) the age of the minor;
(2) the number of minors left at the location;
(3) special needs of the minor, including whether the
minor is a person with a physical or mental disability, or
otherwise in need of ongoing prescribed medical treatment
such as periodic doses of insulin or other medications;
(4) the duration of time in which the minor was left
without supervision;
(5) the condition and location of the place where the

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minor was left without supervision;
(6) the time of day or night when the minor was left
without supervision;
(7) the weather conditions, including whether the
minor was left in a location with adequate protection from
the natural elements such as adequate heat or light;
(8) the location of the parent or guardian at the time
the minor was left without supervision, the physical
distance the minor was from the parent or guardian at the
time the minor was without supervision;
(9) whether the minor's movement was restricted, or
the minor was otherwise locked within a room or other
structure;
(10) whether the minor was given a phone number of a
person or location to call in the event of an emergency and
whether the minor was capable of making an emergency call;
(11) whether there was food and other provision left
for the minor;
(12) whether any of the conduct is attributable to
economic hardship or illness and the parent, guardian or
other person having physical custody or control of the
child made a good faith effort to provide for the health
and safety of the minor;
(13) the age and physical and mental capabilities of
the person or persons who provided supervision for the
minor;

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(14) whether the minor was left under the supervision
of another person;
(15) any other factor that would endanger the health
and safety of that particular minor.
A minor shall not be considered neglected for the sole
reason that the minor has been relinquished in accordance with
the Abandoned Newborn Infant Protection Act.
(2) Those who are abused include any minor under 18 years
of age or a minor 18 years of age or older for whom the court
has made a finding of probable cause to believe that the minor
is abused, neglected, or dependent under subsection (1) of
Section 2-10 prior to the minor's 18th birthday whose parent
or immediate family member, or any person responsible for the
minor's welfare, or any person who is in the same family or
household as the minor, or any individual residing in the same
home as the minor, or a paramour of the minor's parent:
(i) inflicts, causes to be inflicted, or allows to be
inflicted upon such minor physical injury, by other than
accidental means, which causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(ii) creates a substantial risk of physical injury to
such minor by other than accidental means which would be
likely to cause death, disfigurement, impairment of
emotional health, or loss or impairment of any bodily
function;

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(iii) commits or allows to be committed any sex
offense against such minor, as such sex offenses are
defined in the Criminal Code of 1961 or the Criminal Code
of 2012, or in the Wrongs to Children Act, and extending
those definitions of sex offenses to include minors under
18 years of age;
(iv) commits or allows to be committed an act or acts
of torture upon such minor;
(v) inflicts excessive corporal punishment;
(vi) commits or allows to be committed the offense of
involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons as defined in Section
10-9 of the Criminal Code of 1961 or the Criminal Code of
2012, upon such minor; or
(vii) allows, encourages or requires a minor to commit
any act of prostitution, as defined in the Criminal Code
of 1961 or the Criminal Code of 2012, and extending those
definitions to include minors under 18 years of age.
A minor shall not be considered abused for the sole reason
that the minor has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act.
(3) This Section does not apply to a minor who would be
included herein solely for the purpose of qualifying for
financial assistance for himself, his parents, guardian or
custodian.
(4) The changes made by this amendatory Act of the 101st

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General Assembly apply to a case that is pending on or after
the effective date of this amendatory Act of the 101st General
Assembly.
(Source: P.A. 101-79, eff. 7-12-19.)