Bill Text: IL SB0391 | 2019-2020 | 101st General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Medical Assistance Article of the Illinois Public Aid Code. In a provision concerning mental health services for children, requires a statewide association representing physicians to establish, within a specified time period, a clear process by which an eligible youth, emerging adult, or transition-age adult, or the youth's or emerging adult's parents, guardian, or caregiver, is identified, notified, and educated about the Family Support Program and the Specialized Family Support Program upon a first psychiatric inpatient hospital admission, and any following psychiatric inpatient admissions. Provides that upon a youth's, emerging adult's or transition-age adult's second psychiatric inpatient hospital admission, prior to hospital discharge, the hospital must, if it is aware of the patient's prior psychiatric inpatient hospital admission, ensure that the youth's parents, guardian, or caregiver, or the emerging adult or transition-age adult, have been notified of the Family Support Program and the Specialized Family Support Program. Provides that, if a dependent youth has been left at a psychiatric hospital beyond medical necessity, prior to referring the youth to the Department of Children and Family Services the psychiatric hospital shall attempt to contact the youth and the youth's parents, guardian, or caregiver about the Family Support Program and the Specialized Family Support Program, and shall provide educational materials on those programs. Provides that no State agency or hospital shall be prohibited from discussing medical treatment options or a referral to legal counsel with a parent or guardian of a youth admitted to a psychiatric hospital inpatient unit. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2019-12-20 - Public Act . . . . . . . . . 101-0616 [SB0391 Detail]

Download: Illinois-2019-SB0391-Engrossed.html

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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; or
(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.
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.
A child shall not be considered abused for the sole reason
that the child has been diagnosed with or has tested positive
for Ehlers-Danlos syndrome, or for the sole reason that the
child's parent, sibling, or grandparent has been diagnosed with
or has tested positive for Ehlers-Danlos syndrome.
"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

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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
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, 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

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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 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

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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 that is the
custodian of a child under 18 years of age 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, 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

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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.
"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. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19.)

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Section 99. Effective date. This Act takes effect upon
becoming law.