Bill Text: IL HB4769 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Abused and Neglected Child Reporting Act. Provides that a child shall not be considered neglected solely because the child's parent or other person responsible for his or her welfare: (i) objects to a recommended vaccination schedule; (ii) objects to the administration of opioid medication or ophthalmic antibiotics in newborns; (iii) objects to the administration, in non-emergency situations, of a medication without review of an FDA-approved package insert or instructions for use; (iv) objects to separation of the child and parent or other person responsible for his or her welfare by the medical professional during non-emergency medical consultations; (v) requests minimally invasive diagnostic tests for the child; or (vi) seeks diagnosis of or treatment of symptoms associated with Pediatric Acute-onset Neuropsychiatric Syndrome or Pediatric Autoimmune Neuropsychiatric Disorder Associated with Streptococcal Infections. Provides that if a medical professional complies with an objection or request set forth in the amendatory Act by a child's parent or other person responsible for the child's welfare, no liability for any such decision may attach to the medical professional. Amends the Medical Patient Rights Act. Provides that a child's parent or other person responsible for the child's welfare has a right to be free from threats by medical professionals to refer a child to protective services, unless the medical professional has a good faith basis to believe that the child otherwise meets the definition of an abused child or a neglected child as defined under the Abused and Neglected Child Reporting Act. Requires the Department of Public Health to adopt rules.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4769 Detail]
Download: Illinois-2019-HB4769-Introduced.html
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1 | AN ACT concerning children.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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 | |||||||||||||||||||||
17 | a transitional living program that accepts children and adult | |||||||||||||||||||||
18 | residents for placement who are in the guardianship of the | |||||||||||||||||||||
19 | Department. | |||||||||||||||||||||
20 | "Blatant disregard" means an incident where the real, | |||||||||||||||||||||
21 | significant, and imminent risk of harm would be so obvious to a | |||||||||||||||||||||
22 | reasonable parent or caretaker that it is unlikely that a | |||||||||||||||||||||
23 | reasonable parent or caretaker would have exposed the child to |
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1 | the danger without exercising precautionary measures to | ||||||
2 | protect the child from harm. With respect to a person working | ||||||
3 | at an agency in his or her professional capacity with a child | ||||||
4 | or adult resident, "blatant disregard" includes a failure by | ||||||
5 | the person to perform job responsibilities intended to protect | ||||||
6 | the child's or adult resident's health, physical well-being, or | ||||||
7 | welfare, and, when viewed in light of the surrounding | ||||||
8 | circumstances, evidence exists that would cause a reasonable | ||||||
9 | person to believe that the child was neglected. With respect to | ||||||
10 | an agency, "blatant disregard" includes a failure to implement | ||||||
11 | practices that ensure the health, physical well-being, or | ||||||
12 | welfare of the children and adult residents residing in the | ||||||
13 | facility. | ||||||
14 | "Child" means any person under the age of 18 years, unless | ||||||
15 | legally
emancipated by reason of marriage or entry into a | ||||||
16 | branch of the United
States armed services. | ||||||
17 | "Department" means Department of Children and Family | ||||||
18 | Services. | ||||||
19 | "Local law enforcement agency" means the police of a city, | ||||||
20 | town,
village or other incorporated area or the sheriff of an | ||||||
21 | unincorporated
area or any sworn officer of the Illinois | ||||||
22 | Department of State Police. | ||||||
23 | "Abused child"
means a child whose parent or immediate | ||||||
24 | family
member,
or any person responsible for the child's | ||||||
25 | welfare, or any individual
residing in the same home as the | ||||||
26 | child, or a paramour of the child's parent: |
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1 | (a) inflicts, causes to be inflicted, or allows to be
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2 | inflicted upon
such child physical injury, by other than | ||||||
3 | accidental means, which causes
death, disfigurement, | ||||||
4 | impairment of physical or
emotional health, or loss or | ||||||
5 | impairment of any bodily function; | ||||||
6 | (b) creates a substantial risk of physical injury to | ||||||
7 | such
child by
other than accidental means which would be | ||||||
8 | likely to cause death,
disfigurement, impairment of | ||||||
9 | physical or emotional health, or loss or
impairment of any | ||||||
10 | bodily function; | ||||||
11 | (c) commits or allows to be committed any sex offense | ||||||
12 | against
such child,
as such sex offenses are defined in the | ||||||
13 | Criminal Code of 2012 or in the Wrongs to Children Act,
and | ||||||
14 | extending those definitions of sex offenses to include | ||||||
15 | children under
18 years of age; | ||||||
16 | (d) commits or allows to be committed an act or acts of
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17 | torture upon
such child; | ||||||
18 | (e) inflicts excessive corporal punishment or, in the | ||||||
19 | case of a person working for an agency who is prohibited | ||||||
20 | from using corporal punishment, inflicts corporal | ||||||
21 | punishment upon a child or adult resident with whom the | ||||||
22 | person is working in his or her professional capacity; | ||||||
23 | (f) commits or allows to be committed
the offense of
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24 | female
genital mutilation, as defined in Section 12-34 of | ||||||
25 | the Criminal Code of
2012, against the child; | ||||||
26 | (g) causes to be sold, transferred, distributed, or |
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1 | given to
such child
under 18 years of age, a controlled | ||||||
2 | substance as defined in Section 102 of the
Illinois | ||||||
3 | Controlled Substances Act in violation of Article IV of the | ||||||
4 | Illinois
Controlled Substances Act or in violation of the | ||||||
5 | Methamphetamine Control and Community Protection Act, | ||||||
6 | except for controlled substances that are prescribed
in | ||||||
7 | accordance with Article III of the Illinois Controlled | ||||||
8 | Substances Act and
are dispensed to such child in a manner | ||||||
9 | that substantially complies with the
prescription; or | ||||||
10 | (h) commits or allows to be committed the offense of | ||||||
11 | involuntary servitude, involuntary sexual servitude of a | ||||||
12 | minor, or trafficking in persons as defined in Section 10-9 | ||||||
13 | of the Criminal Code of 2012 against the child. | ||||||
14 | A child shall not be considered abused for the sole reason | ||||||
15 | that the child
has been relinquished in accordance with the | ||||||
16 | Abandoned Newborn Infant
Protection Act. | ||||||
17 | "Neglected child" means any child who is not receiving the | ||||||
18 | proper or
necessary nourishment or medically indicated | ||||||
19 | treatment including food or care
not provided solely on the | ||||||
20 | basis of the present or anticipated mental or
physical | ||||||
21 | impairment as determined by a physician acting alone or in
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22 | consultation with other physicians or otherwise is not | ||||||
23 | receiving the proper or
necessary support or medical or other | ||||||
24 | remedial care recognized under State law
as necessary for a | ||||||
25 | child's well-being, or other care necessary for his or her
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26 | well-being, including adequate food, clothing and shelter; or |
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1 | who is subjected to an environment which is injurious insofar | ||||||
2 | as (i) the child's environment creates a likelihood of harm to | ||||||
3 | the child's health, physical well-being, or welfare and (ii) | ||||||
4 | the likely harm to the child is the result of a blatant | ||||||
5 | disregard of parent, caretaker, or agency responsibilities; or | ||||||
6 | who is abandoned
by his or her parents or other person | ||||||
7 | responsible for the child's welfare
without a proper plan of | ||||||
8 | care; or who has been provided with interim crisis intervention | ||||||
9 | services under
Section 3-5 of
the Juvenile Court Act of 1987 | ||||||
10 | and whose parent, guardian, or custodian refuses to
permit
the | ||||||
11 | child to return home and no other living arrangement agreeable
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12 | to the parent, guardian, or custodian can be made, and the | ||||||
13 | parent, guardian, or custodian has not made any other | ||||||
14 | appropriate living arrangement for the child; or who is a | ||||||
15 | newborn infant whose blood, urine,
or meconium
contains any | ||||||
16 | amount of a controlled substance as defined in subsection (f) | ||||||
17 | of
Section 102 of the Illinois Controlled Substances Act or a | ||||||
18 | metabolite thereof,
with the exception of a controlled | ||||||
19 | substance or metabolite thereof whose
presence in the newborn | ||||||
20 | infant is the result of medical treatment administered
to the | ||||||
21 | mother or the newborn infant. A child shall not be considered | ||||||
22 | neglected
for the sole reason that the child's parent or other | ||||||
23 | person responsible for his
or her welfare has left the child in | ||||||
24 | the care of an adult relative for any
period of time. A child | ||||||
25 | shall not be considered neglected for the sole reason
that the | ||||||
26 | child has been relinquished in accordance with the Abandoned |
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1 | Newborn
Infant Protection Act. A child shall not be considered | ||||||
2 | neglected or abused
for the
sole reason that such child's | ||||||
3 | parent or other person responsible for his or her
welfare | ||||||
4 | depends upon spiritual means through prayer alone for the | ||||||
5 | treatment or
cure of disease or remedial care as provided under | ||||||
6 | Section 4 of this Act. A
child shall not be considered | ||||||
7 | neglected or abused solely because the child is
not attending | ||||||
8 | school in accordance with the requirements of Article 26 of The
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9 | School Code, as amended. | ||||||
10 | A child shall not be considered neglected solely because | ||||||
11 | the child's parent or other person responsible for his or her | ||||||
12 | welfare: | ||||||
13 | (a) objects to: | ||||||
14 | (i) a recommended vaccination schedule, including, | ||||||
15 | but not limited to, administering to the child: (1) | ||||||
16 | silver nitrate; (2) vitamin K; (3) the HPV vaccine; or | ||||||
17 | (4) a flu vaccine; or | ||||||
18 | (ii) the dosing schedule for vaccines, including, | ||||||
19 | but not limited to, objecting to administering | ||||||
20 | multiple vaccines in a single day; | ||||||
21 | (b) objects to the administration of opioid medication | ||||||
22 | or ophthalmic antibiotics in newborns; | ||||||
23 | (c) objects to the administration, in non-emergency | ||||||
24 | situations, of a medication without review of an | ||||||
25 | FDA-approved package insert or instructions for use; | ||||||
26 | (d) objects to separation of the child and parent or |
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1 | other person responsible for his or her welfare by the | ||||||
2 | medical professional during non-emergency medical | ||||||
3 | consultations; | ||||||
4 | (e) requests minimally invasive diagnostic tests for | ||||||
5 | the child; or | ||||||
6 | (f) seeks diagnosis of or treatment of symptoms | ||||||
7 | associated with Pediatric Acute-onset Neuropsychiatric | ||||||
8 | Syndrome or Pediatric Autoimmune Neuropsychiatric Disorder | ||||||
9 | Associated with Streptococcal Infections. | ||||||
10 | If a medical professional complies with an objection or | ||||||
11 | request set forth in subsections (a) through (f) by a child's | ||||||
12 | parent or other person responsible for the child's welfare, no | ||||||
13 | liability for any such decision may attach to the medical | ||||||
14 | professional. | ||||||
15 | "Child Protective Service Unit" means certain specialized | ||||||
16 | State employees of
the Department assigned by the Director to | ||||||
17 | perform the duties and
responsibilities as provided under | ||||||
18 | Section 7.2 of this Act. | ||||||
19 | "Near fatality" means an act that, as certified by a | ||||||
20 | physician, places the child in serious or critical condition, | ||||||
21 | including acts of great bodily harm inflicted upon children | ||||||
22 | under 13 years of age, and as otherwise defined by Department | ||||||
23 | rule. | ||||||
24 | "Great bodily harm" includes bodily injury which creates a | ||||||
25 | high probability of death, or which causes serious permanent | ||||||
26 | disfigurement, or which causes a permanent or protracted loss |
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1 | or impairment of the function of any bodily member or organ, or | ||||||
2 | other serious bodily harm. | ||||||
3 | "Person responsible for the child's welfare" means the | ||||||
4 | child's parent;
guardian; foster parent; relative caregiver; | ||||||
5 | any person responsible for the
child's welfare in a public or | ||||||
6 | private residential agency or institution; any
person | ||||||
7 | responsible for the child's welfare within a public or private | ||||||
8 | profit or
not for profit child care facility; or any other | ||||||
9 | person responsible for the
child's welfare at the time of the | ||||||
10 | alleged abuse or neglect, including any person that is the | ||||||
11 | custodian of a child under 18 years of age who commits or | ||||||
12 | allows to be committed, against the child, the offense of | ||||||
13 | involuntary servitude, involuntary sexual servitude of a | ||||||
14 | minor, or trafficking in persons for forced labor or services, | ||||||
15 | as provided in Section 10-9 of the Criminal Code of 2012, or | ||||||
16 | any person who
came to know the child through an official | ||||||
17 | capacity or position of trust,
including but not limited to | ||||||
18 | health care professionals, educational personnel,
recreational | ||||||
19 | supervisors, members of the clergy, and volunteers or
support | ||||||
20 | personnel in any setting
where children may be subject to abuse | ||||||
21 | or neglect. | ||||||
22 | "Temporary protective custody" means custody within a | ||||||
23 | hospital or
other medical facility or a place previously | ||||||
24 | designated for such custody
by the Department, subject to | ||||||
25 | review by the Court, including a licensed
foster home, group | ||||||
26 | home, or other institution; but such place shall not
be a jail |
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1 | or other place for the detention of criminal or juvenile | ||||||
2 | offenders. | ||||||
3 | "An unfounded report" means any report made under this Act | ||||||
4 | for which
it is determined after an investigation that no | ||||||
5 | credible evidence of
abuse or neglect exists. | ||||||
6 | "An indicated report" means a report made under this Act if | ||||||
7 | an
investigation determines that credible evidence of the | ||||||
8 | alleged
abuse or neglect exists. | ||||||
9 | "An undetermined report" means any report made under this | ||||||
10 | Act in
which it was not possible to initiate or complete an | ||||||
11 | investigation on
the basis of information provided to the | ||||||
12 | Department. | ||||||
13 | "Subject of report" means any child reported to the central | ||||||
14 | register
of child abuse and neglect established under Section | ||||||
15 | 7.7 of this Act as an alleged victim of child abuse or neglect | ||||||
16 | and
the parent or guardian of the alleged victim or other | ||||||
17 | person responsible for the alleged victim's welfare who is | ||||||
18 | named in the report or added to the report as an alleged | ||||||
19 | perpetrator of child abuse or neglect. | ||||||
20 | "Perpetrator" means a person who, as a result of | ||||||
21 | investigation, has
been determined by the Department to have | ||||||
22 | caused child abuse or neglect. | ||||||
23 | "Member of the clergy" means a clergyman or practitioner of | ||||||
24 | any religious
denomination accredited by the religious body to | ||||||
25 | which he or she belongs. | ||||||
26 | (Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19 .)
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1 | Section 10. The Medical Patient Rights Act is amended by | ||||||
2 | adding Section 3.5 as follows:
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3 | (410 ILCS 50/3.5 new) | ||||||
4 | Sec. 3.5. Parental rights. | ||||||
5 | (a) In addition to any other right provided under this Act, | ||||||
6 | a child's parent or other person responsible for the child's | ||||||
7 | welfare has a right to be free from threats by medical | ||||||
8 | professionals to refer a child to protective services, unless | ||||||
9 | the medical professional has a good faith basis to believe that | ||||||
10 | the child otherwise meets the definition of an abused child or | ||||||
11 | a neglected child as defined in Section 3 of the Abused and | ||||||
12 | Neglected Child Reporting Act. | ||||||
13 | (b) The Department of Public Health shall adopt rules to | ||||||
14 | implement this Section.
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