Bill Text: IL HB4534 | 2025-2026 | 104th General Assembly | Enrolled

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Bill Title: Amends the Abused and Neglected Child Reporting Act. Expands the definition of "abused child" to include 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 engages in a pattern of conduct or communications directed toward such child, meaning 2 or more instances of conduct or communication, that a reasonable person would understand as intended to groom, seduce, solicit, lure, or entice the child for the purpose of committing any sex offense or engaging in sexual misconduct against such child. Defines "sexual misconduct" to mean, but not be limited to, any verbal, nonverbal, written, or electronic communication or physical activity, by a person responsible for the child's welfare to establish a romantic or sexual relationship with the child. Provides that such conduct or communications may include, but is not limited to: (1) a sexual or romantic invitation; (2) dating or soliciting a date; (3) engaging in sexualized or romantic dialog; or (4) making sexually suggestive comments that are directed toward or with the child. Amends the School Code. In provisions concerning sexual misconduct in schools, provides that guidelines established for certain situations and all available methods for how to report staff-student boundary violations within a school and to external agencies must be posted on the website, if any, of each school district, charter school, or nonpublic school and must be included in any staff, student, and (instead of or) parent handbook provided by the school district, charter school, or nonpublic school (instead of nonpublic, nonsectarian elementary or secondary school). In provisions concerning an employment history review, requires a job applicant to provide the name, address, telephone number, and other relevant contact information of the applicant's current employer only if the applicant has direct contact with children or students at the applicant's current employer. Provides that for a licensed substitute teacher who is seeking employment in more than one school district, a school district's regional office of education or intermediate service center shall collect and, at the request of the substitute teacher, share specified information and records. Provides that a regional office of education's or intermediate service center's participation in the employment history review shall be limited to collecting such information and records and sharing the information and records with the school district, school districts, or other regional offices of education or intermediate service centers. Sets forth other provisions concerning a regional office of education's or intermediate service center's participation in the employment history review and how long the review remains valid. In provisions concerning comprehensive health education programs, provides that no student in pre-K through 8th grade shall be required to take or participate in any class or course providing instruction in recognizing and avoiding sexual abuse if the parent or guardian of the student submits written objection thereto; and refusal to take or participate in such class or course shall not negatively impact a student's academic standing. Requires each school to give not less than 5 days' written notice to the parents or guardians of such students before commencing the class or course.

Sponsorship: Slight Partisan Bill (Republican 10-4)

Status: (Enrolled) 2026-06-26 - Sent to the Governor [HB4534 Detail]

Download: Illinois-2025-HB4534-Enrolled.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 School Code is amended by changing Sections
22-85.5, 22-94, and 27-215 as follows:
(105 ILCS 5/22-85.5)
Sec. 22-85.5. Sexual misconduct in schools.
(a) This Section applies beginning on July 1, 2022.
(b) The General Assembly finds that:
(1) the success of students in school relies on safe
learning environments and healthy relationships with
school personnel;
(2) it is important for staff to maintain a
professional relationship with students at all times and
to define staff-student boundaries to protect students
from sexual misconduct by staff and staff from the
appearance of impropriety;
(3) many breaches of staff-student boundaries do not
rise to the level of criminal behavior but do pose a
potential risk to student safety;
(4) repeated violations of staff-student boundaries
can indicate the grooming of a student for sexual abuse;
(5) it is necessary to uphold the State Board of

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Education's Code of Ethics for Illinois Educators and for
each school district, charter school, or nonpublic school
to have an employee code of professional conduct policy;
(6) each school district, charter school, or nonpublic
school must have the ability to discipline educators for
breaches of its employee code of professional conduct
policy;
(7) each school district, charter school, or nonpublic
school must have the ability to know if any of its
educators have violated professional staff-student
boundaries in previous employment; and
(8) as bystanders, educators may have knowledge of
concerning behaviors that no one else is aware of, so they
need adequate training on sexual abuse, the employee code
of professional conduct policy, and federal and State
reporting requirements.
(c) In this Section, "sexual misconduct" means any act,
including, but not limited to, any verbal, nonverbal, written,
or electronic communication or physical activity, by an
employee or agent of the school district, charter school, or
nonpublic school with direct contact with a student that is
directed toward or with a student to establish a romantic or
sexual relationship with the student. Such an act includes,
but is not limited to, any of the following:
(1) A sexual or romantic invitation.
(2) Dating or soliciting a date.

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(3) Engaging in sexualized or romantic dialog.
(4) Making sexually suggestive comments that are
directed toward or with a student.
(5) Self-disclosure or physical exposure of a sexual,
romantic, or erotic nature.
(6) A sexual, indecent, romantic, or erotic contact
with the student.
(d) To prevent sexual misconduct with students, each
school district, charter school, or nonpublic school shall
develop an employee code of professional conduct policy that
addresses all of the following:
(1) Incorporates the Code of Ethics for Illinois
Educators.
(2) Incorporates the definition of "sexual misconduct"
in this Section.
(3) Identifies the expectations for employees and
agents of the school district, charter school, or
nonpublic school regarding how to maintain a professional
relationship with students, including the expectations for
staff-student boundaries, recognizing the age and
developmental level of the students served, and
establishes guidelines for all of the following
situations:
(A) Transporting a student.
(B) Taking or possessing a photo or a video of a
student.

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(C) Meeting with a student or contacting a student
outside of the employee's or agent's professional
role.
(4) References the employee reporting requirements
required under the Abused and Neglected Child Reporting
Act and under Title IX of the federal Education Amendments
of 1972.
(5) References required employee training that is
related to child abuse and educator ethics that are
applicable under State and federal law.
(e) The employee code of professional conduct policy,
guidelines established for all of the situations identified in
paragraph (3) of subsection (d), and all available methods for
how to report staff-student boundary violations within a
school and to external agencies must be posted on the website,
if any, of each school district, charter school, or nonpublic
school and must be included in any staff, student, and or
parent handbook provided by the school district, charter
school, or nonpublic, nonsectarian elementary or secondary
school.
(f) A violation of the employee code of professional
conduct policy may subject an employee to disciplinary action
up to and including dismissal from employment. Failure to
report a violation of the employee code of professional
conduct policy may subject an employee to disciplinary action
up to and including dismissal from employment.

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(Source: P.A. 102-676, eff. 12-3-21.)
(105 ILCS 5/22-94)
Sec. 22-94. Employment history review.
(a) This Section applies to all permanent and temporary
positions for employment with a school or a contractor of a
school involving direct contact with children or students.
(b) In this Section:
"Contractor" means firms holding contracts with any
school, including, but not limited to, food service workers,
school bus drivers, and other transportation employees, who
have direct contact with children or students.
"Direct contact with children or students" means the
possibility of care, supervision, guidance, or control of
children or students or routine interaction with children or
students.
"School" means a public or nonpublic elementary or
secondary school.
"Sexual misconduct" has the meaning ascribed to it in
subsection (c) of Section 22-85.5 of this Code.
(c) Prior to hiring an applicant to work directly with
children or students, a school or contractor must ensure that
the following criteria are met:
(1) the school or contractor has no knowledge or
information pertaining to the applicant that would
disqualify the applicant from employment;

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(2) the applicant swears or affirms that the applicant
is not disqualified from employment;
(3) using the template developed by the State Board of
Education, the applicant provides all of the following:
(A) a list, including the name, address, telephone
number, and other relevant contact information of the
following:
(i) the applicant's current employer if the
applicant has direct contact with children or
students at the applicant's current employer;
(ii) all former employers of the applicant
that were schools or school contractors, as well
as all former employers at which the applicant had
direct contact with children or students;
(B) A written authorization that consents to and
authorizes disclosure by the applicant's current and
former employers under subparagraph (A) of this
paragraph (3) of the information requested under
paragraph (4) of this subsection (c) and the release
of related records and that releases those employers
from any liability that may arise from such disclosure
or release of records pursuant to subsection (e).
(C) A written statement of whether the applicant:
(i) has been the subject of a sexual
misconduct allegation, unless a subsequent
investigation resulted in a finding that the

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allegation was false, unfounded, or
unsubstantiated;
(ii) has ever been discharged from, been asked
to resign from, resigned from, or otherwise been
separated from any employment, has ever been
disciplined by an employer, or has ever had an
employment contract not renewed due to an
adjudication or finding of sexual misconduct or
while an allegation of sexual misconduct was
pending or under investigation, unless the
investigation resulted in a finding that the
allegation was false, unfounded, or
unsubstantiated; or
(iii) has ever had a license or certificate
suspended, surrendered, or revoked or had an
application for licensure, approval, or
endorsement denied due to an adjudication or
finding of sexual misconduct or while an
allegation of sexual misconduct was pending or
under investigation, unless the investigation
resulted in a finding that the allegation was
false, unfounded, or unsubstantiated.
(4) The school, or contractor, or regional office of
education or intermediate service center on behalf of a
school district, pursuant to paragraph (1.5) of subsection
(i), shall initiate a review of the employment history of

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the applicant by contacting those employers listed by the
applicant under subparagraph (A) of paragraph (3) of this
subsection (c) and, using the template developed by the
State Board of Education, request all of the following
information:
(A) the dates of employment of the applicant;
(B) a statement as to whether the applicant:
(i) has been the subject of a sexual
misconduct allegation, unless a subsequent
investigation resulted in a finding that the
allegation was false, unfounded, or
unsubstantiated;
(ii) was discharged from, was asked to resign
from, resigned from, or was otherwise separated
from any employment, was disciplined by the
employer, or had an employment contract not
renewed due to an adjudication or finding of
sexual misconduct or while an allegation of sexual
misconduct was pending or under investigation,
unless the investigation resulted in a finding
that the allegation was false, unfounded, or
unsubstantiated; or
(iii) has ever had a license or certificate
suspended, surrendered, or revoked due to an
adjudication or finding of sexual misconduct or
while an allegation of sexual misconduct was

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pending or under investigation, unless the
investigation resulted in a finding that the
allegation was false, unfounded, or
unsubstantiated.
(C) The template shall include the following
option: if the employer does not have records or
evidence regarding the questions in items (i) through
(iii) of subparagraph (B) of paragraph (4) of this
subsection (c), the employer may state that there is
no knowledge of information pertaining to the
applicant that would disqualify the applicant from
employment.
(5) For applicants licensed by the State Board of
Education, the school district, charter school, or
nonpublic school shall verify the applicant's reported
previous employers with previous employers in the State
Board of Education's educator licensure database to ensure
accuracy.
(d) An applicant who provides false information or
willfully fails to disclose information required in subsection
(c) shall be subject to discipline, up to and including
termination or denial of employment.
(e) No later than 20 days after receiving a request for
information required under paragraph (4) of subsection (c), an
employer who has or had an employment relationship with the
applicant shall disclose the information requested. If the

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employer has an office of human resources or a central office,
information shall be provided by that office. The employer who
has or had an employment relationship with the applicant shall
disclose the information on the template developed by the
State Board of Education. For any affirmative response to
items (i) through (iii) of subparagraph (B) of paragraph (4)
of or subsection (c), the employer who has or had an employment
relationship with the applicant shall provide additional
information about the matters disclosed and all related
records.
A school shall complete the template at time of separation
from employment, or at the request of the employee, and
maintain it as part of the employee's personnel file. If the
school completes an investigation after an employee's
separation from employment, the school shall update the
information accordingly.
Information received under this Section shall not be
deemed a public record.
A school or contractor who receives information under this
subsection (e) may use the information for the purpose of
evaluating an applicant's fitness to be hired or for continued
employment and may report the information, as appropriate, to
the State Board of Education, a State licensing agency, a law
enforcement agency, a child protective services agency,
another school or contractor, or a prospective employer.
An employer, school, school administrator, regional office

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of education or intermediate service center, or contractor who
provides information or records about a current or former
employee or applicant under this Section is immune from
criminal and civil liability for the disclosure of the
information or records, unless the information or records
provided were knowingly false. This immunity shall be in
addition to and not a limitation on any other immunity
provided by law or any absolute or conditional privileges
applicable to the disclosure by virtue of the circumstances or
the applicant's consent to the disclosure and shall extend
extent to any circumstances in which when the employer,
school, school administrator, regional office of education or
intermediate service center, or contractor in good faith
shares findings of sexual misconduct with another employer.
Unless the laws of another state prevent the release of
the information or records requested or disclosure is
restricted by the terms of a contract entered into prior to
July 1, 2023 (the effective date of Public Act 102-702) and
notwithstanding any other provisions of law to the contrary,
an employer, school, school administrator, contractor, or
applicant shall report and disclose, in accordance with this
Section, all relevant information, records, and documentation
that may otherwise be confidential.
(f) A school or contractor may not hire an applicant who
does not provide the information required under subsection (c)
for a position involving direct contact with children or

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students.
(g) Beginning on July 1, 2023 (the effective date of
Public Act 102-702), a school or contractor may not enter into
a collective bargaining agreement, an employment contract, an
agreement for resignation or termination, a severance
agreement, or any other contract or agreement or take any
action that:
(1) has the effect of suppressing information
concerning a pending investigation or a completed
investigation in which an allegation was substantiated
related to a report of suspected sexual misconduct by a
current or former employee;
(2) affects the ability of the school or contractor to
report suspected sexual misconduct to the appropriate
authorities; or
(3) requires the school or contractor to expunge
information about allegations or findings of suspected
sexual misconduct from any documents maintained by the
school or contractor, unless, after an investigation, an
allegation is found to be false, unfounded, or
unsubstantiated.
(h) Any provision of an employment contract or agreement
for resignation or termination or a severance agreement that
is executed, amended, or entered into on or after July 1, 2023
(the effective date of Public Act 102-702) and that is
contrary to this Section is void and unenforceable.

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(i) For substitute employees, all of the following apply:
(1) Except as otherwise provided in paragraph (1.5) of
this subsection (i), the The employment history review
required by this Section is required only prior to the
initial hiring of a substitute employee or placement on a
school's approved substitute list and shall remain valid
as long as the substitute employee continues to be
employed by the same school or remains on the school's
approved substitute list.
(1.5) For a substitute teacher licensed under Section
21B-20 and seeking employment in more than one school
district, a school district's regional office of education
or intermediate service center may collect and, at the
request of the substitute teacher, share the information
and records under paragraphs (2), (3), and (4) of
subsection (c). A regional office of education's or
intermediate service center's participation in the
employment history review shall be limited to collecting
such information and records and sharing the information
and records with the school district, school districts or
other regional offices of education or intermediate
service centers. A regional office of education or
intermediate service center may not use the information
and records collected for the purpose of evaluating a
substitute teacher applicant's fitness to be hired, and
the school district shall complete all aspects of the

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employment history review process, unless otherwise agreed
to with the regional office of education or intermediate
service center. The regional office of education or
intermediate service center is not responsible for the
content or completeness of the information or records
shared by any former employer or with the school district.
A regional office of education's or intermediate service
center's participation in the employment history review
process shall occur only prior to the initial hiring of a
substitute teacher by one of its member school districts
or prior to the initial placement of a substitute teacher
on the regional office of education's or intermediate
service center's approved substitute list. The employment
history review shall remain valid as long as the
substitute teacher continues to be employed by a school
district within the regional office of education's or
intermediate service center's jurisdiction or remains on
the regional office of education's or intermediate service
center's approved substitute list. A regional office of
education or intermediate service center participating in
the employment history review process shall promptly
provide the school district in which the substitute
teacher is seeking employment with the collected
information and records. If the regional office of
education or intermediate service center receives updated
employment history review information or records, the

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information or records shall be shared with the applicable
school districts by the regional office of education or
intermediate service center as provided in this Section.
If, at any time, a school district has information or
records that the school district would have immunity from
liability to share as part of an employment history
review, then the school district and its employees are
immune from liability on the same terms as provided in
subsection (e) if sharing such information or records with
the regional office of education or intermediate service
center that maintains the applicable approved substitute
list.
(2) Except as otherwise provided in paragraph (1.5) of
this subsection (i), a A substitute employee seeking to be
added to another school's substitute list shall undergo an
additional employment history review under this Section.
Except as otherwise provided in paragraph (1.5) or
paragraph (3) of this subsection (i) or in subsection (k),
the appearance of a substitute employee on one school's
substitute list does not relieve another school from
compliance with this Section.
(3) An employment history review conducted upon
initial hiring of a substitute employee by a contractor or
any other entity that furnishes substitute staffing
services to schools shall satisfy the requirements of this
Section for all schools using the services of that

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contractor or other entity.
(4) A contractor or any other entity furnishing
substitute staffing services to schools shall comply with
paragraphs (3) and (4) of subsection (j).
(j) For employees of contractors, all of the following
apply:
(1) The employment history review required by this
Section shall be performed, either at the time of the
initial hiring of an employee or prior to the assignment
of an existing employee to perform work for a school in a
position involving direct contact with children or
students. The review shall remain valid as long as the
employee remains employed by the same contractor, even if
assigned to perform work for other schools.
(2) A contractor shall maintain records documenting
employment history reviews for all employees as required
by this Section and, upon request, shall provide a school
for whom an employee is assigned to perform work access to
the records pertaining to that employee.
(3) Prior to assigning an employee to perform work for
a school in a position involving direct contact with
children or students, the contractor shall inform the
school of any instance known to the contractor in which
the employee:
(A) has been the subject of a sexual misconduct
allegation unless a subsequent investigation resulted

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in a finding that the allegation was false, unfounded,
or unsubstantiated;
(B) has ever been discharged, been asked to resign
from, resigned from, or otherwise been separated from
any employment, been removed from a substitute list,
been disciplined by an employer, or had an employment
contract not renewed due to an adjudication or finding
of sexual misconduct or while an allegation of sexual
misconduct was pending or under investigation, unless
the investigation resulted in a finding that the
allegation was false, unfounded, or unsubstantiated;
or
(C) has ever had a license or certificate
suspended, surrendered, or revoked due to an
adjudication or finding of sexual misconduct or while
an allegation of sexual misconduct was pending or
under investigation, unless the investigation resulted
in a finding that the allegation was false, unfounded,
or unsubstantiated.
(4) The contractor may not assign an employee to
perform work for a school in a position involving direct
contact with children or students if the school objects to
the assignment after being informed of an instance listed
in paragraph (3).
(k) An applicant who has undergone an employment history
review under this Section and seeks to transfer to or provide

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services to another school in the same school district,
diocese, or religious jurisdiction, or to another school
established and supervised by the same organization is not
required to obtain additional reports under this Section
before transferring.
(l) Nothing in this Section shall be construed:
(1) to prevent a prospective employer from conducting
further investigations of prospective employees or from
requiring applicants to provide additional background
information or authorizations beyond what is required
under this Section, nor to prevent a current or former
employer from disclosing more information than what is
required under this Section;
(2) to relieve a school, school employee, contractor
of the school, or agent of the school from any legal
responsibility to report sexual misconduct in accordance
with State and federal reporting requirements;
(3) to relieve a school, school employee, contractor
of the school, or agent of the school from any legal
responsibility to implement the provisions of Section 7926
of Chapter 20 of the United States Code; or
(4) to prohibit the right of the exclusive bargaining
representative under a collective bargaining agreement to
grieve and arbitrate the validity of an employee's
termination or discipline for just cause.
(m) The State Board of Education shall develop the

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templates required under paragraphs (3) and (4) of subsection
(c).
(Source: P.A. 104-417, eff. 8-15-25.)
(105 ILCS 5/27-215)
Sec. 27-215. Comprehensive health education program.
(a) In this subsection (a):
"Age and developmentally appropriate" means suitable to
particular ages or age groups of children or adolescents,
based on the developing cognitive, emotional, and behavioral
capacity typical for the age or age group.
"Consent" means an affirmative, knowing, conscious,
ongoing, and voluntary agreement to engage in interpersonal,
physical, or sexual activity, which can be revoked at any
point, including during the course of interpersonal, physical,
or sexual activity.
The program established under this Act shall include, but
not be limited to, the following major educational areas as a
basis for curricula in all elementary and secondary schools in
this State, with applicable Illinois Learning Standards
adopted by the State Board of Education guiding the
instruction in the program:
(1) human ecology, health, growth, development,
personal health habits, and nutrition, consistent with the
Illinois Learning Standards adopted by the State Board of
Education;

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(2) the emotional, psychological, physiological,
hygienic, and social responsibilities of family life,
including evidence-based and medically accurate
information regarding sexual abstinence;
(3) the prevention and control of disease, including
instruction in grades 6 through 12 on the prevention,
transmission, and spread of AIDS;
(4) age and developmentally appropriate sexual abuse,
consistent with Section 10-23.13 of this Code, abuse
during pregnancy, and assault awareness and prevention
education in grades prekindergarten through 12;
(5) public health, environmental health, disaster
preparedness education, and safety education;
(6) mental health and illness;
(7) dental health;
(8) cancer education that includes the types of
cancer, signs and symptoms, risk factors, the importance
of early prevention and detection, and information on
where to get help and treatment for cancer; and
(9) age and developmentally appropriate consent
education.
The instruction on mental health and illness must evaluate
the multiple dimensions of health by reviewing the
relationship between physical and mental health to enhance
student understanding, attitudes, and behaviors that promote
health, well-being, and human dignity and must include how and

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where to find mental health resources and specialized
treatment in the State. The program shall also provide course
material and instruction to advise pupils of the Abandoned
Newborn Infant Protection Act.
Consent education must be age and developmentally
appropriate, and the instruction on age and developmentally
appropriate consent shall require only instruction aligning
with consent as defined in this Section.
(b) Notwithstanding the educational areas under subsection
(a), the following areas may also be included as a basis for
curricula in all elementary and secondary schools in this
State: basic first aid (including, but not limited to,
cardiopulmonary resuscitation and the Heimlich maneuver),
heart disease, diabetes, stroke, the prevention of child
abuse, neglect, and suicide, and teen dating violence in
grades 7 through 12.
(c) The State Superintendent of Education, in cooperation
with the Department of Children and Family Services, shall
prepare and disseminate to all public schools and nonpublic
schools information on instructional materials and programs
about child sexual abuse, which may be used by such schools for
their own or community programs. Such information may also be
disseminated by such schools to parents.
(d) No pupil shall be required to take or participate in
any class or course on AIDS or family life instruction or to
receive training on how to properly administer cardiopulmonary

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resuscitation or how to use an automated external
defibrillator if his or her parent or guardian submits written
objection thereto, and refusal to take or participate in the
course or program or the training shall not be reason for
suspension or expulsion of the pupil.
(e) No student in pre-K through 8th grade shall be
required to take or participate in any class or course
providing instruction in recognizing and avoiding sexual abuse
as provided under Section 10-23.13 of this Code if the parent
or guardian of the student submits written objection thereto;
and refusal to take or participate in such class or course
shall not negatively impact a student's academic standing.
Each school shall give not less than 5 days' written notice to
the parents or guardians of such students before commencing
the class or course.
(Source: P.A. 104-391, eff. 8-15-25.)
Section 10. 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

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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 the person's 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

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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-1) engages in a pattern of conduct or
communications directed toward such child, meaning 2 or
more instances of conduct or communication, that a
reasonable person would understand as intended to groom,
seduce, solicit, lure, or entice the child for the purpose
of committing any sex offense or engaging in sexual
misconduct against such child. As used in this subsection,
"sexual misconduct" means, but is not limited to, any
verbal, nonverbal, written, or electronic communication or
physical activity by a person responsible for the child's
welfare to establish a romantic or sexual relationship
with the child. Such conduct or communications may
include, but is not limited to, the following:
(1) A sexual or romantic invitation.

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(2) Dating or soliciting a date.
(3) Engaging in sexualized or romantic dialog.
(4) Making sexually suggestive comments that are
directed toward or with the child;
(a-5) (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 the person's professional capacity;

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(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) (blank). 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

HB4534 Enrolled - 27 - LRB104 16801 KTG 30210 b
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 the child's
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 the child's 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

HB4534 Enrolled - 28 - LRB104 16801 KTG 30210 b
metabolite thereof whose presence in the newborn infant is the
result of medical treatment administered to the person who
gave birth 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 the child's 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 the
child's 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.

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"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
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

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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.
"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 clergyperson or

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practitioner of any religious denomination accredited by the
religious body to which the clergyperson or practitioner
belongs.
(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)