Bill Text: IL HB4806 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Abused and Neglected Child Reporting Act. In the definition of "neglected child", provides that refusal by a child's parent or other person responsible for the child's welfare to get the child vaccinated against COVID-19 shall not be considered to be medical neglect. Provides that the Department of Children and Family Services is prohibited from removing a child from his or her parent or any other person responsible for the child's welfare on the basis of neglect because of the parent's or other responsible adult's refusal to get the child vaccinated against COVID-19 or make the child wear a face mask due to the COVID-19 public health emergency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-27 - Referred to Rules Committee [HB4806 Detail]

Download: Illinois-2021-HB4806-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4806 Introduced , by Rep. Deanne M. Mazzochi SYNOPSIS AS INTRODUCED:
325 ILCS 5/3 from Ch. 23, par. 2053
Amends the Abused and Neglected Child Reporting Act. In the definition of "neglected child", provides that refusal by a child's parent or other person responsible for the child's welfare to get the child vaccinated against COVID-19 shall not be considered to be medical neglect. Provides that the Department of Children and Family Services is prohibited from removing a child from his or her parent or any other person responsible for the child's welfare on the basis of neglect because of the parent's or other responsible adult's refusal to get the child vaccinated against COVID-19 or make the child wear a face mask due to the COVID-19 public health emergency.
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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 5. 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

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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
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
Department of 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:

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(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
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

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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
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

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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
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

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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
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. Refusal by a child's parent or
other person responsible for the child's welfare to get the
child vaccinated against COVID-19 shall not be considered to
be medical neglect. The Department is prohibited from removing
a child from his or her parent or any other person responsible
for the child's welfare on the basis of neglect because of the
parent's or other responsible adult's refusal to get the child
vaccinated against COVID-19 or make the child wear a face mask
due to the COVID-19 public health emergency.
"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

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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
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

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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.
"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.

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"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;
revised 1-15-22.)