Bill Text: IL HB1468 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Family Care Plans for Infants and Families Act. Requires the Department of Public Health, in consultation with specified agencies and entities, to develop guidelines for hospitals, birthing centers, medical providers, Medicaid managed care organizations, and private insurers on how to conduct a family needs assessment and create a family care plan for an infant who may exhibit clinical signs of withdrawal from a controlled substance or medication. Requires an infant's family care plan to include a family needs assessment performed by a social worker or any other appropriate and trained individual or agency. Requires a licensed health care professional or social worker to complete a family care plan that shall include supports and services to be provided to the infant and the infant's parent or caregiver. Contains provisions concerning information that must be provided under a family care plan; notice to the Department of Public Health when an infant's parent or caregiver fails to adhere to a family care plan; exceptions to a finding of nonadherence; educational materials and training for hospital employees and others on the difference between notification requirements to report the birth of a substance-exposed infant and notification requirements to report alleged child abuse and neglect; and other matters. Provides that notice to the Department of Public Health on the birth of a substance-exposed infant shall not be construed to mean that prenatal substance use is intrinsically considered child abuse or neglect. Amends the Abused and Neglected Child Reporting Act and the Juvenile Court Act of 1987. Removes from the definition of "neglected child" a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance. Removes a provision requiring the Department of Children and Family Services to report to the State's Attorney whenever the Department receives a report that a newborn infant's blood contains a controlled substance. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-04-05 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB1468 Detail]

Download: Illinois-2023-HB1468-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1468 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
New Act
325 ILCS 5/3 from Ch. 23, par. 2053
325 ILCS 5/4.4 rep.
705 ILCS 405/2-3 from Ch. 37, par. 802-3
Creates the Family Care Plans for Infants and Families Act. Requires the Department of Public Health, in consultation with specified agencies and entities, to develop guidelines for hospitals, birthing centers, medical providers, Medicaid managed care organizations, and private insurers on how to conduct a family needs assessment and create a family care plan for an infant who may exhibit clinical signs of withdrawal from a controlled substance or medication. Requires an infant's family care plan to include a family needs assessment performed by a social worker or any other appropriate and trained individual or agency. Requires a licensed health care professional or social worker to complete a family care plan that shall include supports and services to be provided to the infant and the infant's parent or caregiver. Contains provisions concerning information that must be provided under a family care plan; notice to the Department of Public Health when an infant's parent or caregiver fails to adhere to a family care plan; exceptions to a finding of nonadherence; educational materials and training for hospital employees and others on the difference between notification requirements to report the birth of a substance-exposed infant and notification requirements to report alleged child abuse and neglect; and other matters. Provides that notice to the Department of Public Health on the birth of a substance-exposed infant shall not be construed to mean that prenatal substance use is intrinsically considered child abuse or neglect. Amends the Abused and Neglected Child Reporting Act and the Juvenile Court Act of 1987. Removes from the definition of "neglected child" a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance. Removes a provision requiring the Department of Children and Family Services to report to the State's Attorney whenever the Department receives a report that a newborn infant's blood contains a controlled substance. Effective immediately.
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A BILL FOR
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AN ACT concerning children.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Family
Care Plans for Infants and Families Act.
Section 10. Legislative findings. The General Assembly
finds the following:
(1) Addiction is a disease amenable to treatment
rather than a criminal activity.
(2) Transplacental drug transfer should not be subject
to criminal sanctions or civil liability.
(3) Pregnant and parenting individuals with an opioid
use disorder or other substance use disorder should be
encouraged to enter treatment and not suffer punitive
actions for starting or continuing treatment, including
when medications for opioid use disorder are part of the
treatment protocol.
Physicians should be alert to signs of possible
alcohol use disorder in their patients who may become
pregnant, not only those who are pregnant, and institute
appropriate diagnostic and therapeutic measures as early
as possible. Treatment of alcohol use disorder and
cessation of alcohol use can improve pregnancy and newborn

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outcomes.
(4) The presence of medication for an opioid use
disorder or the treatment of an opioid use disorder with
medications should never by itself be grounds for family
separation.
(5) There is a pressing need for adequate maternal
treatment for substance use disorders and supportive care
for families, including the appropriate use of family
needs assessments and family care plans.
(6) Support is crucial for establishing and making
broadly available evidence-based treatment programs for
pregnant, peripartum, postpartum, and parenting
individuals wherever possible.
(7) The American Medical Association opposes efforts
to criminalize maternal drug addiction or to require
physicians or other health care professionals to function
as agents of law enforcement, including gathering evidence
for family separation or prosecution.
(8) The cooperation and coordination of supportive
services for pregnant, peripartum, and postpartum
individuals and families are essential to help newborns
and children in encouraging and supporting treatment and
safety.
(9) State agencies and others benefit when policies
are based on the understanding that alcohol use disorder,
opioid use disorder, and other substance use disorders are

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diseases characterized by compulsive use in the face of
adverse consequences. They are not moral failings.
(10) When notifications of prenatal drug or alcohol
exposure are distinct from reports of alleged child abuse
and neglect, the National Center on Substance Abuse and
Child Welfare identified resulting benefits to child
protective services, health care professionals, pregnant
individuals, newborns, and families, including increased
use of plans of safe care.
(11) Individuals who are pregnant, postpartum, and
parenting, including other individuals who care for an
infant, may benefit from a family needs assessment at any
time during the pregnancy or parenting process.
(12) Under federal law, there are distinct pathways
and reasons for a "notification" of clinical signs of
withdrawal or a "report" of alleged child abuse or
neglect.
Section 15. Definitions. As used in this Act:
"Affected infant" means a substance-exposed infant
requiring notification as required under this Act.
"Department" means the Department of Public Health.
"Family needs assessment" means an evaluation at any time
during a pregnancy, peripartum, or postpartum period of the
strengths, needs, and capacities of a parent or caregiver,
including a relative caregiver, to help identify safety

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concerns, risks, strengths, and resources that can lead to the
best possible response for an infant and the infant's parent,
family, or caregiver. This includes identifying appropriate
services or referral for further assessment and evaluation to
assist with parenting skills and competencies, family
functioning, physical and mental health, social determinants
of health, and other factors that may be identified to help the
infant and the infant's parent, family, or caregiver. Such
assessment is encouraged to include interviews, one or more
home visits, and consultation with health care professionals
involved in the care of the infant, parent, or caregiver.
"Family care plan" or "plan of care" means a written or
electronic plan created by one or more professionals with
expertise in child and family welfare and needs assessments,
including health care professionals, child and adolescent
social workers, case managers, or other child welfare experts,
as applicable, that is intended to ensure the safety and
well-being of an affected infant by identifying strengths,
supports, and goals identified by the infant's family and
caregiver in support of the safety of the infant and
unification of the family.
"Guardian" means a person appointed guardian, or given
custody, of a minor by a circuit court of the State.
"Guardian ad litem" means an attorney appointed by a court
to represent and protect the best interests of a child.
"Medication for opioid use disorder" or "medication to

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treat opioid use disorder" means a prescribed course of
treatment that may include methadone, buprenorphine,
naltrexone, or other FDA-approved or evidence-based
medications for the treatment of an opioid use disorder or
other substance use disorder.
"Notification" means notice given to the Department of
Public Health, consistent with federal requirements under the
Child Abuse Prevention and Treatment Act, that an affected
infant was born.
"Parent" includes a biological or adoptive parent if the
biological or adoptive parent has a constitutionally protected
liberty interest in the care and custody of the child.
"Postpartum period" means at least one year following the
birth of an infant.
"Relative" means a person related to another person by
blood within the fifth degree of consanguinity or through
marriage by the fifth degree of affinity.
"Report of alleged abuse or neglect" means a report to the
Department of Children and Family Services that an affected
infant was subject to alleged abuse or neglect.
"Reunification" means either a return of the infant to the
parent or to the home from which the infant or child was
removed or a return of the infant or child to the noncustodial
parent.
"Substance" means alcohol, cannabis, or any other drug or
medication.

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"Withdrawal" means a group of clinical signs of withdrawal
in an infant following the discontinuation of a drug,
substance, or medication that has the capability of producing
features or symptoms of physical dependence. "Withdrawal"
includes symptoms occurring following the discontinuation of
illicit drugs or substances (such as heroin), medications to
treat substance use disorder (such as buprenorphine), or
medications to treat a nonsubstance use disorder (such as
sertraline).
Section 20. Creation of a family care plan.
(a) No later than 6 months following the effective date of
this Act, the Department of Public Health, in consultation
with relevant professional medical societies, child welfare
advocates, Medicaid managed care organizations, private
insurers, the Department of Insurance, the Department of
Healthcare and Family Services, and the Department of Human
Services' Division of Substance Use Prevention and Recovery,
shall develop guidelines for hospitals, birthing centers,
medical providers, Medicaid managed care organizations, and
private insurers on how to conduct a family needs assessment
and create a family care plan for an infant who may exhibit
clinical signs of withdrawal.
(b) Nothing in this Act shall prevent the development and
implementation of a family care plan at any time during a
pregnancy, postpartum period, or during the course of

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parenting.
(c) The family care plan shall include a family needs
assessment to be performed by a discharge planner, social
worker, case manager, or any other appropriate and trained
individual or agency at any point during a pregnancy or prior
to an infant's discharge from a hospital or birthing center,
or at any point during the postpartum period.
(d) The family care plan shall be completed by a licensed
health care professional, social worker, case manager, or
other individual or care team with education, training, and
experience in developing and implementing individualized
family care plans. The family care plan shall include supports
and services identified in the family needs assessment that
are to be provided, to the extent practicable, by the
following:
(1) Early intervention service providers.
(2) Head Start and Early Head Start programs.
(3) Home visitation programs.
(4) Hospitals and medical providers.
(5) Justice-related entities, including restorative
justice programs.
(6) Local education agencies.
(7) Managed care organizations.
(8) Maternal and child health agencies.
(9) Mental health providers.
(10) Parenting services.

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(11) Public and private children and youth agencies.
(12) Public health agencies.
(13) Substance use disorder prevention and treatment
providers.
(14) The infant's parent, relative, guardian, family
member, or caregiver who is engaged in the infant's care,
in order to identify the need for access to treatment for
any substance use disorder or other physical or behavioral
health condition that may impact the safety, early
childhood development, and well-being of the infant.
(e) The family care plan shall be coordinated by a
certified local health department under the Department of
Public Health with all other appropriate agencies to be
included as supports and services under the family care plan,
based on the family needs assessment and the availability of
supports.
(f) The guidelines described in subsection (a) shall be
provided to hospitals, birthing centers, medical providers,
State agencies, courts, Medicaid managed care organizations,
private insurers, and others who may be engaged in the
implementation and support of a family care plan. The
guidelines shall include, at a minimum, information regarding:
(1) Clarification that an individual receiving
treatment for a substance use disorder shall not be
referred to the Department of Children and Family
Services, law enforcement, or any other justice-involved

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investigatory body solely on the basis of the individual's
treatment for that substance use disorder, including when
the individual receives medication to treat opioid use
disorder.
(2) Contact information for the certified local health
department responsible for coordinating implementation of
the family care plan.
Section 25. Support for implementation of a family care
plan.
(a) The family care plan provided to an affected infant's
parent, relative, guardian, family member, or caregiver shall
provide, at a minimum:
(1) information on how to keep the affected infant
healthy, including supports such as financial help, child
care, and health care services; and
(2) information that connects the parent, relative,
guardian, family member, or caregiver to resources,
including public benefits for health care, food and
housing, support groups, transportation, employment
assistance, well-baby and well-child visits, and
information that may include safe sleep plans, smoking
cessation, parenting groups, home visiting, and other
necessary services that may be needed to further the goals
of this Act.
(b) An affected infant's parent, relative, guardian,

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family member, or caregiver who is engaged in the family care
plan shall qualify for the protections, benefits, and supports
under this Act while the individual remains in treatment and
the treating physician affirms the individual's treatment
status.
(c) Nothing in this Act shall prohibit implementation of a
family care plan during the prenatal period for a pregnant
person.
(d) A parent, relative, guardian, family member, or
caregiver who is engaged in the care of the affected infant and
who is referred for treatment for a substance use disorder at a
facility that receives public funding shall be a priority user
of available treatment. The Department shall make all
reasonable efforts to keep the affected infant and the
infant's family intact.
(e) If the parent, relative, guardian, family member, or
caregiver engaged in the care of the affected infant has
unstable housing, the Department of Public Health shall take
immediate steps to ensure the parent, relative, guardian,
family member, or caregiver remains with the affected infant
in a location to be identified and funded by the State or local
community. The Department of Public Health shall ensure the
parent, relative, guardian, family member, or caregiver
engaged in the care of the affected infant has continued
access to treatment, with appropriate staffing to support
treatment for a substance use disorder, including the

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continuation of medications to treat an opioid use disorder,
as applicable.
(f) If a person engaged in the care of the affected infant
is or becomes pregnant, and that person requires treatment for
a substance use disorder or mental illness, a health insurer,
the Department of Healthcare and Family Services, or some
other payer shall be required to ensure the person receives an
appointment with a physician of the appropriate medical
specialty as soon as possible.
(g) Updates and feedback on implementation of the family
care plan shall be undertaken with input from the affected
infant's parent or caregiver and in collaboration with the
health care provider and other professionals and agencies
involved in serving the affected infant and the affected
infant's family.
Section 30. Notification of nonadherence with family care
plan.
(a) If the parent, relative, guardian, or caretaker of an
affected infant who was released from a hospital or
freestanding birthing center pursuant to a family care plan is
not able to adhere to the plan, thereby creating a substantial
risk that the infant's health and safety will be in jeopardy,
the Department of Public Health shall be notified, and there
shall be a family needs assessment conducted to determine why
adherence to the family care plan is not possible and how to

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implement solutions to best support the affected infant and
the infant's family.
(b) Based on the results of the family needs assessment,
the Department of Public Health may offer or provide referrals
for counseling, training, or other services contemplated under
this Act aimed at addressing the underlying causative factors
that are needed to support the safety or well-being of the
affected infant and the infant's family.
(c) The affected infant's parent, relative, guardian, or
caretaker may choose to accept or decline any service or
program offered after the family needs assessment. However, if
the affected infant's parent, relative, guardian, or caretaker
declines those services or programs, the Department of Public
Health may take that into account when necessary to proceed
with potential next steps to safeguard the health and safety
of the affected infant. Such steps may include:
(1) additional care coordination with medical and
social work providers or case managers;
(2) coordination with additional State or community
supports;
(3) petitioning the court to appoint a guardian ad
litem;
(4) referral to a child welfare agency; or
(5) other actions as may be necessary under the
circumstances.
The Department of Public Health shall provide notice of

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nonadherence as soon as practicable to the affected infant's
primary care physician.
(d) Withdrawal symptoms exhibited by an affected infant as
result of prescription medication use by the infant's pregnant
parent, relative, guardian, or caretaker shall not by itself
warrant a finding of nonadherence if:
(1) the individual was prescribed the prescription
medication while under the care of a prescribing medical
professional;
(2) the individual used the prescription medication as
directed by the prescribing medical professional and in
compliance with directions on the proper administration of
the prescription medication; and
(3) the use and administration of the prescription
medication is verified by the health care provider
involved in the delivery or care of the affected infant or
the individual.
Section 35. Notification of affected infant.
(a) All hospitals, birthing centers, law enforcement
agencies, child welfare agencies, certified local health
departments, and other applicable entities shall be required
to furnish its employees with educational information and
materials regarding distinctions between the requirements for
notification to the Department of Public Health concerning a
substance-exposed infant and the requirements for making a

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report of alleged child abuse or neglect to the Department of
Children and Family Services.
(b) A notification shall be construed to satisfy all
applicable State and federal reporting requirements. A
notification shall not constitute a report of child abuse or
neglect. A notification shall not be construed to allege,
establish, or conclude a finding or presumption of child abuse
or neglect.
(c) A notification may be made if, in the professional
judgment of the treating health care professional, a newborn
infant exhibits clinical signs or findings of withdrawal
symptoms, which may be due to intrauterine exposure to
medication that was prescribed to the infant's birth mother
during her pregnancy.
(d) A notification, rather than a report of alleged abuse
or neglect, may be made if the health care practitioner or any
other individual involved in the care of the newborn infant or
mother has verified that:
(1) the mother was using a controlled substance as
prescribed by a licensed health care practitioner,
including medications for the treatment of a substance use
disorder;
(2) the presence of the controlled substance was
consistent with a prescribed treatment administered to the
mother or the newborn infant during the prenatal or
postpartum period; or

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(3) the mother or any other parent, relative,
guardian, family member, or caretaker engaged in the care
of the newborn infant does not, in the health care
practitioner's professional judgment, pose a threat to the
health or safety of the newborn infant.
The requirement for notification shall not be construed to
mean that prenatal substance use is intrinsically considered
child maltreatment, abuse, or neglect, or to prevent
reunification.
When a notification is required, it shall not be construed
as a requirement for further investigation by a law
enforcement agency or other agency.
A notification may include a copy of the family plan of
care that was created for the newborn infant. A notification
shall not include identifying information of the newborn
infant who was exposed to a substance or of the individual from
whom the prenatal, peripartum, or postpartum exposure was
transferred.
A notification made under this Section shall be considered
confidential and only released to a law enforcement agency or
other agency pursuant to a finding of probable cause.
(e) Nothing in this Act shall be construed to prevent a
person from reporting to the Department of Children and Family
Services a reasonable suspicion that an infant is an abused or
neglected child based on other criteria or a combination of
criteria that includes a finding pursuant to this Section.

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(f) If a mother discloses her use of a substance while
pregnant, or if there is a positive toxicology screen or
presence of clinical signs of withdrawal in a newborn infant,
prior to making a notification or report, to the extent
practicable, there shall be a consultation between the person
seeking to make the report and the physicians and other health
care professionals treating the newborn infant and mother.
Such consultation shall include consideration of:
(1) Which substances affected the newborn infant.
(2) Whether the clinical signs, symptoms, or findings
were the result of medication used by the mother in
accordance with a prescription issued by a health care
provider.
(3) The impact of the substances on the newborn
infant.
(4) Medical care the newborn infant and mother are now
receiving.
(5) Medical care the newborn infant may require during
or beyond the postpartum period.
(6) An existing or in-development family care plan for
the newborn infant and family at discharge.
(7) Whether the mother, parent, relative, guardian,
family member, or caregiver engaged in the care of the
newborn infant, or any other individual residing in the
same residence as the newborn infant, is receiving
treatment for a substance use disorder or other services

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and, if so, the identity of the providers of such
treatment or services.
(g) If a pregnant person initiates treatment for a
substance use disorder, and remains in treatment throughout
the remaining term of the pregnancy, peripartum, and
postpartum period, then the Department of Children and Family
Services, a law enforcement agency, or any other agency may
not initiate an investigation, file any petition to terminate
the mother's parental rights, or otherwise seek protection of
the infant because of the person's use of medication or other
substances for nonmedical purposes during the term of the
person's pregnancy. This Section shall also apply to
individuals residing with the pregnant person during the
prenatal and postpartum period.
(h) Nothing in this Act shall prevent the Department of
Children and Family Services, a law enforcement agency, or
other agency from coordinating with the Department of Public
Health or a certified local public health department to
initiate a family needs assessment.
Section 40. Data collection; training.
(a) The Department of Public Health shall be responsible
for the collection and reporting of de-identified data to meet
federal and State reporting requirements, including the
following:
(1) The number of persons giving birth to an affected

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infant.
(2) The number of infants identified as being affected
by substance use, withdrawal symptoms, or fetal alcohol
spectrum disorder.
(3) The number of infants for whom a family care plan
was developed, implemented, and monitored.
(4) The number of infants for whom referrals were made
for appropriate services, including services for the
parents, relatives, guardians, family members, or
caretakers engaged in the care of the infant.
(5) The implementation of such plans to determine
whether and in what manner local entities are providing,
in accordance with State requirements, referrals to and
delivery of appropriate services for the infant and the
parents, relatives, guardians, family members, or
caretakers engaged in the care of the infant.
(6) The number and location of hospitals and birthing
centers with established protocols and processes to ensure
notification to the Department of Public Health when: (i)
a family care plan has been developed; and (ii) a family
has been referred for a plan of care.
(b) Such de-identified data and other information as
required under this Section shall also include:
(1) The race, ethnicity, and gender of both the infant
and the infant's biological or legal parent.
(2) The insurance status of the infant and biological

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mother.
(3) The zip code, county, or other geographic location
where the legal parent resides, or whether the legal
parent has unstable housing.
(4) The number, gender, race, and ethnicity of infants
placed under an order of protection or placed in foster
care, including whether such order or placement was made
in consultation with the treating physician.
(5) The number, age, race, ethnicity, and insurance
status of persons who were referred to treatment.
(6) Reports made in accordance with this Section shall
be considered confidential and only released to a law
enforcement agency pursuant to a finding of probable
cause.
(7) The Department of Public Health shall summarize
and report data received in accordance with this Section
at intervals as needed to meet State and federal laws.
(c) The Department of Public Health shall seek to
coordinate with medical professional societies, social work
agencies, and all other relevant agencies and State and
community supports to create and distribute training materials
to support and educate health care professionals, discharge
planners, social workers, case managers, law enforcement, and
others on the following:
(1) The differences between a "notification" and a
"report" as defined in this Act.

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(2) The important role a family needs assessment plays
in providing essential services for the health and
well-being of an infant and the infant's family.
(3) The importance of a family care plan to provide
essential supports for an infant, parent, and other
caregivers.
(4) The role of the Department of Public Health in
coordinating a family needs assessment and family care
plan, and the role of State and community supports to
implement such assessments and family care plans.
(d) The Department of Public Health, in coordination with
the other relevant agencies, medical professionals, and State
and community supports described in subsection (c) shall
conduct annual trainings on the requirements under this Act.
(e) No person shall have a cause of action for any loss or
damage caused by any act or omission resulting from the
implementation of the provisions of this Section or resulting
from any training, or lack thereof, required by this Section.
Section 90. Severability. If any provision of this Act or
its application to any person or circumstance is held invalid,
the invalidity of that provision or application does not
affect other provisions or applications of this Act that can
be given effect without the invalid provision or application,
and to this end the provisions of this Act are declared to be
severable.

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Section 91. The Abused and Neglected Child Reporting Act
is amended by changing Section 3 as follows:
(325 ILCS 5/3) (from Ch. 23, par. 2053)
Sec. 3. As used in this Act unless the context otherwise
requires:
"Adult resident" means any person between 18 and 22 years
of age who resides in any facility licensed by the Department
under the Child Care Act of 1969. For purposes of this Act, the
criteria set forth in the definitions of "abused child" and
"neglected child" shall be used in determining whether an
adult resident is abused or neglected.
"Agency" means a child care facility licensed under
Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
includes a transitional living program that accepts children
and adult residents for placement who are in the guardianship
of the Department.
"Blatant disregard" means an incident where the real,
significant, and imminent risk of harm would be so obvious to a
reasonable parent or caretaker that it is unlikely that a
reasonable parent or caretaker would have exposed the child to
the danger without exercising precautionary measures to
protect the child from harm. With respect to a person working
at an agency in his or her professional capacity with a child
or adult resident, "blatant disregard" includes a failure by

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the person to perform job responsibilities intended to protect
the child's or adult resident's health, physical well-being,
or welfare, and, when viewed in light of the surrounding
circumstances, evidence exists that would cause a reasonable
person to believe that the child was neglected. With respect
to an agency, "blatant disregard" includes a failure to
implement practices that ensure the health, physical
well-being, or welfare of the children and adult residents
residing in the facility.
"Child" means any person under the age of 18 years, unless
legally emancipated by reason of marriage or entry into a
branch of the United States armed services.
"Department" means Department of Children and Family
Services.
"Local law enforcement agency" means the police of a city,
town, village or other incorporated area or the sheriff of an
unincorporated area or any sworn officer of the Illinois State
Police.
"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:
(a) inflicts, causes to be inflicted, or allows to be
inflicted upon such child physical injury, by other than
accidental means, which causes death, disfigurement,
impairment of physical or emotional health, or loss or

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impairment of any bodily function;
(b) creates a substantial risk of physical injury to
such child by other than accidental means which would be
likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of any
bodily function;
(c) commits or allows to be committed any sex offense
against such child, as such sex offenses are defined in
the Criminal Code of 2012 or in the Wrongs to Children Act,
and extending those definitions of sex offenses to include
children under 18 years of age;
(d) commits or allows to be committed an act or acts of
torture upon such child;
(e) inflicts excessive corporal punishment or, in the
case of a person working for an agency who is prohibited
from using corporal punishment, inflicts corporal
punishment upon a child or adult resident with whom the
person is working in his or her professional capacity;
(f) commits or allows to be committed the offense of
female genital mutilation, as defined in Section 12-34 of
the Criminal Code of 2012, against the child;
(g) causes to be sold, transferred, distributed, or
given to such child under 18 years of age, a controlled
substance as defined in Section 102 of the Illinois
Controlled Substances Act in violation of Article IV of
the Illinois Controlled Substances Act or in violation of

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the Methamphetamine Control and Community Protection Act,
except for controlled substances that are prescribed in
accordance with Article III of the Illinois Controlled
Substances Act and are dispensed to such child in a manner
that substantially complies with the prescription;
(h) 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 2012 against the child; or
(i) commits the offense of grooming, as defined in
Section 11-25 of the Criminal Code of 2012, against the
child.
A child shall not be considered abused for the sole reason
that the child has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act.
"Neglected child" means any child who is not receiving the
proper or necessary nourishment or medically indicated
treatment including food or care not provided solely on the
basis of the present or anticipated mental or physical
impairment as determined by a physician acting alone or in
consultation with other physicians or otherwise is not
receiving the proper or necessary support or medical or other
remedial care recognized under State law as necessary for a
child's well-being, or other care necessary for his or her
well-being, including adequate food, clothing and shelter; or
who is subjected to an environment which is injurious insofar

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as (i) the child's environment creates a likelihood of harm to
the child's health, physical well-being, or welfare and (ii)
the likely harm to the child is the result of a blatant
disregard of parent, caretaker, person responsible for the
child's welfare, or agency responsibilities; or who is
abandoned by his or her parents or other person responsible
for the child's welfare without a proper plan of care; or who
has been provided with interim crisis intervention services
under Section 3-5 of the Juvenile Court Act of 1987 and whose
parent, guardian, or custodian refuses to permit the child to
return home and no other living arrangement agreeable to the
parent, guardian, or custodian can be made, and the parent,
guardian, or custodian has not made any other appropriate
living arrangement for the child; or who is a 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 or a metabolite
thereof, with the exception of a controlled substance or
metabolite thereof whose presence in the newborn infant is the
result of medical treatment administered to the mother or the
newborn infant. A child shall not be considered neglected for
the sole reason that the child's parent or other person
responsible for his or her welfare has left the child in the
care of an adult relative for any period of time. A child shall
not be considered neglected for the sole reason that the child
has been relinquished in accordance with the Abandoned Newborn

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Infant Protection Act. A child shall not be considered
neglected or abused for the sole reason that such child's
parent or other person responsible for his or her welfare
depends upon spiritual means through prayer alone for the
treatment or cure of disease or remedial care as provided
under Section 4 of this Act. A child shall not be considered
neglected or abused solely because the child is not attending
school in accordance with the requirements of Article 26 of
The School Code, as amended.
"Child Protective Service Unit" means certain specialized
State employees of the Department assigned by the Director to
perform the duties and responsibilities as provided under
Section 7.2 of this Act.
"Near fatality" means an act that, as certified by a
physician, places the child in serious or critical condition,
including acts of great bodily harm inflicted upon children
under 13 years of age, and as otherwise defined by Department
rule.
"Great bodily harm" includes bodily injury which creates a
high probability of death, or which causes serious permanent
disfigurement, or which causes a permanent or protracted loss
or impairment of the function of any bodily member or organ, or
other serious bodily harm.
"Person responsible for the child's welfare" means the
child's parent; guardian; foster parent; relative caregiver;
any person responsible for the child's welfare in a public or

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private residential agency or institution; any person
responsible for the child's welfare within a public or private
profit or not for profit child care facility; or any other
person responsible for the child's welfare at the time of the
alleged abuse or neglect, including any person who commits or
allows to be committed, against the child, the offense of
involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons for forced labor or services,
as provided in Section 10-9 of the Criminal Code of 2012,
including, but not limited to, the custodian of the minor, or
any person who came to know the child through an official
capacity or position of trust, including, but not limited to,
health care professionals, educational personnel, recreational
supervisors, members of the clergy, and volunteers or support
personnel in any setting where children may be subject to
abuse or neglect.
"Temporary protective custody" means custody within a
hospital or other medical facility or a place previously
designated for such custody by the Department, subject to
review by the Court, including a licensed foster home, group
home, or other institution; but such place shall not be a jail
or other place for the detention of criminal or juvenile
offenders.
"An unfounded report" means any report made under this Act
for which it is determined after an investigation that no
credible evidence of abuse or neglect exists.

HB1468 - 28 - LRB103 00103 KTG 45104 b
"An indicated report" means a report made under this Act
if an investigation determines that credible evidence of the
alleged abuse or neglect exists.
"An undetermined report" means any report made under this
Act in which it was not possible to initiate or complete an
investigation on the basis of information provided to the
Department.
"Subject of report" means any child reported to the
central register of child abuse and neglect established under
Section 7.7 of this Act as an alleged victim of child abuse or
neglect and the parent or guardian of the alleged victim or
other person responsible for the alleged victim's welfare who
is named in the report or added to the report as an alleged
perpetrator of child abuse or neglect.
"Perpetrator" means a person who, as a result of
investigation, has been determined by the Department to have
caused child abuse or neglect.
"Member of the clergy" means a clergyman or practitioner
of any religious denomination accredited by the religious body
to which he or she belongs.
(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
102-813, eff. 5-13-22.)
(325 ILCS 5/4.4 rep.)
Section 92. The Abused and Neglected Child Reporting Act
is amended by repealing Section 4.4.

HB1468 - 29 - LRB103 00103 KTG 45104 b
Section 93. 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
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

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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; or
(c) (blank) 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
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

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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
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

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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;
(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

HB1468 - 33 - LRB103 00103 KTG 45104 b
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;
(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

HB1468 - 34 - LRB103 00103 KTG 45104 b
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
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.)
Section 99. Effective date. This Act takes effect upon
becoming law.