Bill Text: IL HB3799 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Abused and Neglected Child Reporting Act. In the definition of "blatant disregard", provides that "blatant disregard" is not present when an incident involving a failure to provide food, shelter, or clothing that otherwise would be characterized as "blatant disregard" is solely attributable to the financial inability of the child's parent or the other person responsible for the child's welfare. In the definition of "neglected child", adds that "neglected child" means any child who is not receiving care necessary for his or her well-being, including adequate food, clothing, and shelter, even when the parent or person responsible for the child is financially able to do so or has been offered financial or other means to do so. Provides that a child shall not be considered neglected for the sole reason that the parent or other person responsible for the child in need of supportive services is unable to provide the care necessary for his or her well-being based exclusively on the parent's, or other responsible person's, financial inability. Defines "child in need of supportive services". Sets forth certain requirements the Department of Children and Family Services must complete before considering a child to be a neglected child, including evaluating the family's financial circumstances and offering appropriate family preservation services or referring the family for a child welfare services referral.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB3799 Detail]

Download: Illinois-2023-HB3799-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3799 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED:
325 ILCS 5/3 from Ch. 23, par. 2053
Amends the Abused and Neglected Child Reporting Act. In the definition of "blatant disregard", provides that "blatant disregard" is not present when an incident involving a failure to provide food, shelter, or clothing that otherwise would be characterized as "blatant disregard" is solely attributable to the financial inability of the child's parent or the other person responsible for the child's welfare. In the definition of "neglected child", adds that "neglected child" means any child who is not receiving care necessary for his or her well-being, including adequate food, clothing, and shelter, even when the parent or person responsible for the child is financially able to do so or has been offered financial or other means to do so. Provides that a child shall not be considered neglected for the sole reason that the parent or other person responsible for the child in need of supportive services is unable to provide the care necessary for his or her well-being based exclusively on the parent's, or other responsible person's, financial inability. Defines "child in need of supportive services". Sets forth certain requirements the Department of Children and Family Services must complete before considering a child to be a neglected child, including evaluating the family's financial circumstances and offering appropriate family preservation services or referring the family for a child welfare services referral.
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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. "Blatant disregard" is not
present when an incident involving a failure to provide food,
shelter, or clothing that otherwise would be characterized as
"blatant disregard" is solely attributable to the financial
inability of the child's parent or the other person
responsible for the child's welfare. 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 State

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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
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

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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
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.
"Child in need of supportive services" means a child whose
parent or caretaker has been identified by themselves, a

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member in the household, or a mandated reporter as needing a
child welfare services referral to address needs such as, but
not limited to, a parent's or caretaker's financial inability
to provide adequate food, clothing, and shelter, unless the
hotline worker identifies that there is an indication that the
child is at imminent risk of harm and requires a formal child
abuse or neglect investigation.
"Neglected child" means any child who:
(1) 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; ,
(2) is not receiving care necessary for his or her
well-being, including adequate food, clothing, and
shelter, even when the parent or person responsible for
the child is financially able to do so or has been offered
financial or other means to do so; or other care necessary
for his or her well-being, including adequate food,
clothing and shelter; or who
(3) is subjected to an environment which is injurious
insofar as (i) the child's environment creates a

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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;
(4) or who is abandoned by his or her parents or other
person responsible for the child's welfare without a
proper plan of care;
(5) 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
(6) 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:
(A) the sole reason that the child's parent or other

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person responsible for his or her welfare has left the
child in the care of an adult relative for any period of
time; .
(B) 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 ; .
(C) 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; .
(D) the sole reason that 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; or .
(E) the sole reason that the parent or other person
responsible for the child in need of supportive services
is unable to provide the care necessary for his or her
well-being based exclusively on the parent's, or other
responsible person's, financial inability.
A child shall not be considered neglected unless the
Department:
(i) has evaluated the family's financial
circumstances;

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(ii) has assessed the family's need for services; and
(iii) has made demonstrable efforts to assist the
family, including, but not limited to, offering
appropriate family preservation services or recommending
the family for a child welfare services referral, unless
the Department has determined that family preservation
services would not be appropriate.
"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
private residential agency or institution; any person
responsible for the child's welfare within a public or private

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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.
"An indicated report" means a report made under this Act
if an investigation determines that credible evidence of the

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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.)