DCFS-ABUSED CHILD-GROOMING

Illinois General Assembly - Full Text of HB4534

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Full Text of HB4534

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HB4534 - 104th General Assembly

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HB4534 Enrolled
LRB104 16801 KTG 30210 b
1

AN ACT concerning children.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The School Code is amended by changing Sections
5
22-85.5, 22-94, and 27-215 as follows:

6

(105 ILCS 5/22-85.5)
7

Sec. 22-85.5.
Sexual misconduct in schools.
8

(a) This Section applies beginning on July 1, 2022.
9

(b) The General Assembly finds that:
10

(1) the success of students in school relies on safe
11

learning environments and healthy relationships with
12

school personnel;
13

(2) it is important for staff to maintain a
14

professional relationship with students at all times and
15

to define staff-student boundaries to protect students
16

from sexual misconduct by staff and staff from the
17

appearance of impropriety;
18

(3) many breaches of staff-student boundaries do not
19

rise to the level of criminal behavior but do pose a
20

potential risk to student safety;
21

(4) repeated violations of staff-student boundaries
22

can indicate the grooming of a student for sexual abuse;
23

(5) it is necessary to uphold the State Board of

HB4534 Enrolled
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LRB104 16801 KTG 30210 b
1

Education's Code of Ethics for Illinois Educators and for
2

each school district, charter school, or nonpublic school
3

to have an employee code of professional conduct policy;
4

(6) each school district, charter school, or nonpublic
5

school must have the ability to discipline educators for
6

breaches of its employee code of professional conduct
7

policy;
8

(7) each school district, charter school, or nonpublic
9

school must have the ability to know if any of its
10

educators have violated professional staff-student
11

boundaries in previous employment; and
12

(8) as bystanders, educators may have knowledge of
13

concerning behaviors that no one else is aware of, so they
14

need adequate training on sexual abuse, the employee code
15

of professional conduct policy, and federal and State
16

reporting requirements.
17

(c) In this Section, "sexual misconduct" means any act,
18
including, but not limited to, any verbal, nonverbal, written,
19
or electronic communication or physical activity, by an
20
employee or agent of the school district, charter school, or
21
nonpublic school with direct contact with a student that is
22
directed toward or with a student to establish a romantic or
23
sexual relationship with the student. Such an act includes,
24
but is not limited to, any of the following:
25

(1) A sexual or romantic invitation.
26

(2) Dating or soliciting a date.

HB4534 Enrolled
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LRB104 16801 KTG 30210 b
1

(3) Engaging in sexualized or romantic dialog.
2

(4) Making sexually suggestive comments that are
3

directed toward or with a student.
4

(5) Self-disclosure or physical exposure of a sexual,
5

romantic, or erotic nature.
6

(6) A sexual, indecent, romantic, or erotic contact
7

with the student.
8

(d) To prevent sexual misconduct with students, each
9
school district, charter school, or nonpublic school shall
10
develop an employee code of professional conduct policy that
11
addresses all of the following:
12

(1) Incorporates the Code of Ethics for Illinois
13

Educators.
14

(2) Incorporates the definition of "sexual misconduct"
15

in this Section.
16

(3) Identifies the expectations for employees and
17

agents of the school district, charter school, or
18

nonpublic school regarding how to maintain a professional
19

relationship with students, including the expectations for
20

staff-student boundaries, recognizing the age and
21

developmental level of the students served, and
22

establishes guidelines for all of the following
23

situations:
24

(A) Transporting a student.
25

(B) Taking or possessing a photo or a video of a
26

student.

HB4534 Enrolled
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LRB104 16801 KTG 30210 b
1

(C) Meeting with a student or contacting a student
2

outside of the employee's or agent's professional
3

role.
4

(4) References the employee reporting requirements
5

required under the Abused and Neglected Child Reporting
6

Act and under Title IX of the federal Education Amendments
7

of 1972.
8

(5) References required employee training that is
9

related to child abuse and educator ethics that are
10

applicable under State and federal law.
11

(e) The employee code of professional conduct policy
,
12
guidelines established for all of the situations identified in
13
paragraph (3) of subsection (d), and all available methods for
14
how to report staff-student boundary violations within a
15
school and to external agencies
must be posted on the website,
16
if any, of each school district, charter school, or nonpublic
17
school and must be included in any staff, student,
and

or

18
parent handbook provided by the school district, charter
19
school, or nonpublic
, nonsectarian elementary or secondary

20
school.
21

(f) A violation of the employee code of professional
22
conduct policy may subject an employee to disciplinary action
23
up to and including dismissal from employment. Failure to
24
report a violation of the employee code of professional
25
conduct policy may subject an employee to disciplinary action
26
up to and including dismissal from employment.

HB4534 Enrolled
- 5 -
LRB104 16801 KTG 30210 b
1
(Source: P.A. 102-676, eff. 12-3-21.)

2

(105 ILCS 5/22-94)
3

Sec. 22-94.
Employment history review.
4

(a) This Section applies to all permanent and temporary
5
positions for employment with a school or a contractor of a
6
school involving direct contact with children or students.
7

(b) In this Section:
8

"Contractor" means firms holding contracts with any
9
school
,
including, but not limited to, food service workers,
10
school bus drivers
,
and other transportation employees, who
11
have direct contact with children or students.
12

"Direct contact with children or students" means the
13
possibility of care, supervision, guidance, or control of
14
children or students or routine interaction with children or
15
students.
16

"School" means a public or nonpublic elementary or
17
secondary school.
18

"Sexual misconduct" has the meaning ascribed to it in
19
subsection (c) of Section 22-85.5 of this Code.
20

(c) Prior to hiring an applicant to work directly with
21
children or students, a school or contractor must ensure that
22
the following criteria are met:
23

(1) the school or contractor has no knowledge or
24

information pertaining to the applicant that would
25

disqualify the applicant from employment;

HB4534 Enrolled
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LRB104 16801 KTG 30210 b
1

(2) the applicant swears or affirms that the applicant
2

is not disqualified from employment;
3

(3) using the template developed by the State Board of
4

Education, the applicant provides all of the following:
5

(A) a list, including the name, address, telephone
6

number, and other relevant contact information of the
7

following:
8

(i) the applicant's current employer
if the
9

applicant has direct contact with children or
10

students at the applicant's current employer
;
11

(ii) all former employers of the applicant
12

that were schools or school contractors, as well
13

as all former employers at which the applicant had
14

direct contact with children or students;
15

(B) A written authorization that consents to and
16

authorizes disclosure by the applicant's current and
17

former employers under subparagraph (A) of this
18

paragraph (3) of the information requested under
19

paragraph (4) of this subsection (c) and the release
20

of related records and that releases those employers
21

from any liability that may arise from such disclosure
22

or release of records pursuant to subsection (e).
23

(C) A written statement of whether the applicant:
24

(i) has been the subject of a sexual
25

misconduct allegation, unless a subsequent
26

investigation resulted in a finding that the

HB4534 Enrolled
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LRB104 16801 KTG 30210 b
1

allegation was false, unfounded, or
2

unsubstantiated;
3

(ii) has ever been discharged from, been asked
4

to resign from, resigned from, or otherwise been
5

separated from any employment, has ever been
6

disciplined by an employer, or has ever had an
7

employment contract not renewed due to an
8

adjudication or finding of sexual misconduct or
9

while an allegation of sexual misconduct was
10

pending or under investigation, unless the
11

investigation resulted in a finding that the
12

allegation was false, unfounded, or
13

unsubstantiated; or
14

(iii) has ever had a license or certificate
15

suspended, surrendered, or revoked or had an
16

application for licensure, approval, or
17

endorsement denied due to an adjudication or
18

finding of sexual misconduct or while an
19

allegation of sexual misconduct was pending or
20

under investigation, unless the investigation
21

resulted in a finding that the allegation was
22

false, unfounded, or unsubstantiated.
23

(4) The school
,

or
contractor
, or regional office of
24

education or intermediate service center on behalf of a
25

school district, pursuant to paragraph (1.5) of subsection
26

(i),
shall initiate a review of the employment history of

HB4534 Enrolled
- 8 -
LRB104 16801 KTG 30210 b
1

the applicant by contacting those employers listed by the
2

applicant under subparagraph (A) of paragraph (3) of this
3

subsection (c) and, using the template developed by the
4

State Board of Education, request all of the following
5

information:
6

(A) the dates of employment of the applicant;
7

(B) a statement as to whether the applicant:
8

(i) has been the subject of a sexual
9

misconduct allegation, unless a subsequent
10

investigation resulted in a finding that the
11

allegation was false, unfounded, or
12

unsubstantiated;
13

(ii) was discharged from, was asked to resign
14

from, resigned from, or was otherwise separated
15

from any employment, was disciplined by the
16

employer, or had an employment contract not
17

renewed due to an adjudication or finding of
18

sexual misconduct or while an allegation of sexual
19

misconduct was pending or under investigation,
20

unless the investigation resulted in a finding
21

that the allegation was false, unfounded, or
22

unsubstantiated; or
23

(iii) has ever had a license or certificate
24

suspended, surrendered, or revoked due to an
25

adjudication or finding of sexual misconduct or
26

while an allegation of sexual misconduct was

HB4534 Enrolled
- 9 -
LRB104 16801 KTG 30210 b
1

pending or under investigation, unless the
2

investigation resulted in a finding that the
3

allegation was false, unfounded, or
4

unsubstantiated.
5

(C) The template shall include the following
6

option: if the employer does not have records or
7

evidence regarding the questions in items (i) through
8

(iii) of subparagraph (B) of paragraph (4) of
this

9

subsection (c), the employer may state that there is
10

no knowledge of information pertaining to the
11

applicant that would disqualify the applicant from
12

employment.
13

(5) For applicants licensed by the State Board of
14

Education, the school district, charter school, or
15

nonpublic school shall verify the applicant's reported
16

previous employers with previous employers in the State
17

Board of Education's educator licensure database to ensure
18

accuracy.
19

(d) An applicant who provides false information or
20
willfully fails to disclose information required in subsection
21
(c) shall be subject to discipline, up to and including
22
termination or denial of employment.
23

(e) No later than 20 days after receiving a request for
24
information required under paragraph (4) of subsection (c), an
25
employer who has or had an employment relationship with the
26
applicant shall disclose the information requested. If the

HB4534 Enrolled
- 10 -
LRB104 16801 KTG 30210 b
1
employer has an office of human resources or a central office,
2
information shall be provided by that office. The employer who
3
has or had an employment relationship with the applicant shall
4
disclose the information on the template developed by the
5
State Board of Education. For any affirmative response to
6
items (i) through (iii) of subparagraph (B) of paragraph (4)
7
of

or
subsection (c), the employer who has or had an employment
8
relationship with the applicant shall provide additional
9
information about the matters disclosed and all related
10
records.
11

A school shall complete the template at time of separation
12
from employment, or at the request of the employee, and
13
maintain it as part of the employee's personnel file. If the
14
school completes an investigation after an employee's
15
separation from employment, the school shall update the
16
information accordingly.
17

Information received under this Section shall not be
18
deemed a public record.
19

A school or contractor who receives information under this
20
subsection (e) may use the information for the purpose of
21
evaluating an applicant's fitness to be hired or for continued
22
employment and may report the information, as appropriate, to
23
the State Board of Education, a State licensing agency, a law
24
enforcement agency, a child protective services agency,
25
another school or contractor, or a prospective employer.
26

An employer, school, school administrator,
regional office

HB4534 Enrolled
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LRB104 16801 KTG 30210 b
1
of education or intermediate service center,
or contractor who
2
provides information or records about a current or former
3
employee or applicant under this Section is immune from
4
criminal and civil liability for the disclosure of the
5
information or records, unless the information or records
6
provided were knowingly false. This immunity shall be in
7
addition to and not a limitation on any other immunity
8
provided by law or any absolute or conditional privileges
9
applicable to the disclosure by virtue of the circumstances or
10
the applicant's consent to the disclosure and shall
extend

11
extent
to any circumstances
in which

when
the employer,
12
school, school administrator,
regional office of education or
13
intermediate service center,
or contractor in good faith
14
shares findings of sexual misconduct with another employer.
15

Unless the laws of another state prevent the release of
16
the information or records requested or disclosure is
17
restricted by the terms of a contract entered into prior to
18
July 1, 2023 (the effective date of Public Act 102-702) and
19
notwithstanding any other provisions of law to the contrary,
20
an employer, school, school administrator, contractor, or
21
applicant shall report and disclose, in accordance with this
22
Section, all relevant information, records, and documentation
23
that may otherwise be confidential.
24

(f) A school or contractor may not hire an applicant who
25
does not provide the information required under subsection (c)
26
for a position involving direct contact with children or

HB4534 Enrolled
- 12 -
LRB104 16801 KTG 30210 b
1
students.
2

(g) Beginning on July 1, 2023 (the effective date of
3
Public Act 102-702), a school or contractor may not enter into
4
a collective bargaining agreement, an employment contract, an
5
agreement for resignation or termination, a severance
6
agreement, or any other contract or agreement or take any
7
action that:
8

(1) has the effect of suppressing information
9

concerning a pending investigation or a completed
10

investigation in which an allegation was substantiated
11

related to a report of suspected sexual misconduct by a
12

current or former employee;
13

(2) affects the ability of the school or contractor to
14

report suspected sexual misconduct to the appropriate
15

authorities; or
16

(3) requires the school or contractor to expunge
17

information about allegations or findings of suspected
18

sexual misconduct from any documents maintained by the
19

school or contractor, unless, after an investigation, an
20

allegation is found to be false, unfounded, or
21

unsubstantiated.
22

(h) Any provision of an employment contract or agreement
23
for resignation or termination or a severance agreement that
24
is executed, amended, or entered into on or after July 1, 2023
25
(the effective date of Public Act 102-702) and that is
26
contrary to this Section is void and unenforceable.

HB4534 Enrolled
- 13 -
LRB104 16801 KTG 30210 b
1

(i) For substitute employees, all of the following apply:
2

(1)
Except as otherwise provided in paragraph (1.5) of
3

this subsection (i), the

The
employment history review
4

required by this Section is required only prior to the
5

initial hiring of a substitute employee or placement on a
6

school's approved substitute list and shall remain valid
7

as long as the substitute employee continues to be
8

employed by the same school or remains on the school's
9

approved substitute list.
10

(1.5) For a substitute teacher licensed under Section
11

21B-20 and seeking employment in more than one school
12

district, a school district's regional office of education
13

or intermediate service center may collect and, at the
14

request of the substitute teacher, share the information
15

and records under paragraphs (2), (3), and (4) of
16

subsection (c). A regional office of education's or
17

intermediate service center's participation in the
18

employment history review shall be limited to collecting
19

such information and records and sharing the information
20

and records with the school district, school districts or
21

other regional offices of education or intermediate
22

service centers. A regional office of education or
23

intermediate service center may not use the information
24

and records collected for the purpose of evaluating a
25

substitute teacher applicant's fitness to be hired, and
26

the school district shall complete all aspects of the

HB4534 Enrolled
- 14 -
LRB104 16801 KTG 30210 b
1

employment history review process, unless otherwise agreed
2

to with the regional office of education or intermediate
3

service center. The regional office of education or
4

intermediate service center is not responsible for the
5

content or completeness of the information or records
6

shared by any former employer or with the school district.
7

A regional office of education's or intermediate service
8

center's participation in the employment history review
9

process shall occur only prior to the initial hiring of a
10

substitute teacher by one of its member school districts
11

or prior to the initial placement of a substitute teacher
12

on the regional office of education's or intermediate
13

service center's approved substitute list. The employment
14

history review shall remain valid as long as the
15

substitute teacher continues to be employed by a school
16

district within the regional office of education's or
17

intermediate service center's jurisdiction or remains on
18

the regional office of education's or intermediate service
19

center's approved substitute list. A regional office of
20

education or intermediate service center participating in
21

the employment history review process shall promptly
22

provide the school district in which the substitute
23

teacher is seeking employment with the collected
24

information and records. If the regional office of
25

education or intermediate service center receives updated
26

employment history review information or records, the

HB4534 Enrolled
- 15 -
LRB104 16801 KTG 30210 b
1

information or records shall be shared with the applicable
2

school districts by the regional office of education or
3

intermediate service center as provided in this Section.
4

If, at any time, a school district has information or
5

records that the school district would have immunity from
6

liability to share as part of an employment history
7

review, then the school district and its employees are
8

immune from liability on the same terms as provided in
9

subsection (e) if sharing such information or records with
10

the regional office of education or intermediate service
11

center that maintains the applicable approved substitute
12

list.

13

(2)
Except as otherwise provided in paragraph (1.5) of
14

this subsection (i), a

A
substitute employee seeking to be
15

added to another school's substitute list shall undergo an
16

additional employment history review under this Section.
17

Except as otherwise provided in
paragraph (1.5) or

18

paragraph
(3) of this subsection (i) or in subsection (k),
19

the appearance of a substitute employee on one school's
20

substitute list does not relieve another school from
21

compliance with this Section.
22

(3) An employment history review conducted upon
23

initial hiring of a substitute employee by a contractor or
24

any other entity that furnishes substitute staffing
25

services to schools shall satisfy the requirements of this
26

Section for all schools using the services of that

HB4534 Enrolled
- 16 -
LRB104 16801 KTG 30210 b
1

contractor or other entity.
2

(4) A contractor or any other entity furnishing
3

substitute staffing services to schools shall comply with
4

paragraphs (3) and (4) of subsection (j).
5

(j) For employees of contractors, all of the following
6
apply:
7

(1) The employment history review required by this
8

Section shall be performed, either at the time of the
9

initial hiring of an employee or prior to the assignment
10

of an existing employee to perform work for a school in a
11

position involving direct contact with children or
12

students. The review shall remain valid as long as the
13

employee remains employed by the same contractor, even if
14

assigned to perform work for other schools.
15

(2) A contractor shall maintain records documenting
16

employment history reviews for all employees as required
17

by this Section and, upon request, shall provide a school
18

for whom an employee is assigned to perform work access to
19

the records pertaining to that employee.
20

(3) Prior to assigning an employee to perform work for
21

a school in a position involving direct contact with
22

children or students, the contractor shall inform the
23

school of any instance known to the contractor in which
24

the employee:
25

(A) has been the subject of a sexual misconduct
26

allegation unless a subsequent investigation resulted

HB4534 Enrolled
- 17 -
LRB104 16801 KTG 30210 b
1

in a finding that the allegation was false, unfounded,
2

or unsubstantiated;
3

(B) has ever been discharged, been asked to resign
4

from, resigned from, or otherwise been separated from
5

any employment, been removed from a substitute list,
6

been disciplined by an employer, or had an employment
7

contract not renewed due to an adjudication or finding
8

of sexual misconduct or while an allegation of sexual
9

misconduct was pending or under investigation, unless
10

the investigation resulted in a finding that the
11

allegation was false, unfounded, or unsubstantiated;
12

or
13

(C) has ever had a license or certificate
14

suspended, surrendered, or revoked due to an
15

adjudication or finding of sexual misconduct or while
16

an allegation of sexual misconduct was pending or
17

under investigation, unless the investigation resulted
18

in a finding that the allegation was false, unfounded,
19

or unsubstantiated.
20

(4) The contractor may not assign an employee to
21

perform work for a school in a position involving direct
22

contact with children or students if the school objects to
23

the assignment after being informed of an instance listed
24

in paragraph (3).
25

(k) An applicant who has undergone an employment history
26
review under this Section and seeks to transfer to or provide

HB4534 Enrolled
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LRB104 16801 KTG 30210 b
1
services to another school in the same school district,
2
diocese, or religious jurisdiction, or to another school
3
established and supervised by the same organization is not
4
required to obtain additional reports under this Section
5
before transferring.
6

(l) Nothing in this Section shall be construed:
7

(1) to prevent a prospective employer from conducting
8

further investigations of prospective employees or from
9

requiring applicants to provide additional background
10

information or authorizations beyond what is required
11

under this Section, nor to prevent a current or former
12

employer from disclosing more information than what is
13

required under this Section;
14

(2) to relieve a school, school employee, contractor
15

of the school, or agent of the school from any legal
16

responsibility to report sexual misconduct in accordance
17

with State and federal reporting requirements;
18

(3) to relieve a school, school employee, contractor
19

of the school, or agent of the school from any legal
20

responsibility to implement the provisions of Section 7926
21

of Chapter 20 of the United States Code; or
22

(4) to prohibit the right of the exclusive bargaining
23

representative under a collective bargaining agreement to
24

grieve and arbitrate the validity of an employee's
25

termination or discipline for just cause.
26

(m) The State Board of Education shall develop the

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1
templates required under paragraphs (3) and (4) of subsection
2
(c).
3
(Source: P.A. 104-417, eff. 8-15-25.)

4

(105 ILCS 5/27-215)
5

Sec. 27-215.
Comprehensive health education program.
6

(a) In this subsection (a):
7

"Age and developmentally appropriate" means suitable to
8
particular ages or age groups of children or adolescents,
9
based on the developing cognitive, emotional, and behavioral
10
capacity typical for the age or age group.
11

"Consent" means an affirmative, knowing, conscious,
12
ongoing, and voluntary agreement to engage in interpersonal,
13
physical, or sexual activity, which can be revoked at any
14
point, including during the course of interpersonal, physical,
15
or sexual activity.
16

The program established under this Act shall include, but
17
not be limited to, the following major educational areas as a
18
basis for curricula in all elementary and secondary schools in
19
this State, with applicable Illinois Learning Standards
20
adopted by the State Board of Education guiding the
21
instruction in the program:
22

(1) human ecology, health, growth, development,
23

personal health habits, and nutrition, consistent with the
24

Illinois Learning Standards adopted by the State Board of
25

Education;

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1

(2) the emotional, psychological, physiological,
2

hygienic, and social responsibilities of family life,
3

including evidence-based and medically accurate
4

information regarding sexual abstinence;
5

(3) the prevention and control of disease, including
6

instruction in grades 6 through 12 on the prevention,
7

transmission, and spread of AIDS;
8

(4) age and developmentally appropriate sexual abuse,
9

consistent with Section 10-23.13 of this Code, abuse
10

during pregnancy, and assault awareness and prevention
11

education in grades prekindergarten through 12;
12

(5) public health, environmental health, disaster
13

preparedness education, and safety education;
14

(6) mental health and illness;
15

(7) dental health;
16

(8) cancer education that includes the types of
17

cancer, signs and symptoms, risk factors, the importance
18

of early prevention and detection, and information on
19

where to get help and treatment for cancer; and
20

(9) age and developmentally appropriate consent
21

education.
22

The instruction on mental health and illness must evaluate
23
the multiple dimensions of health by reviewing the
24
relationship between physical and mental health to enhance
25
student understanding, attitudes, and behaviors that promote
26
health, well-being, and human dignity and must include how and

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1
where to find mental health resources and specialized
2
treatment in the State. The program shall also provide course
3
material and instruction to advise pupils of the Abandoned
4
Newborn Infant Protection Act.
5

Consent education must be age and developmentally
6
appropriate, and the instruction on age and developmentally
7
appropriate consent shall require only instruction aligning
8
with consent as defined in this Section.
9

(b) Notwithstanding the educational areas under subsection
10
(a), the following areas may also be included as a basis for
11
curricula in all elementary and secondary schools in this
12
State: basic first aid (including, but not limited to,
13
cardiopulmonary resuscitation and the Heimlich maneuver),
14
heart disease, diabetes, stroke, the prevention of child
15
abuse, neglect, and suicide, and teen dating violence in
16
grades 7 through 12.
17

(c) The State Superintendent of Education, in cooperation
18
with the Department of Children and Family Services, shall
19
prepare and disseminate to all public schools and nonpublic
20
schools information on instructional materials and programs
21
about child sexual abuse, which may be used by such schools for
22
their own or community programs. Such information may also be
23
disseminated by such schools to parents.
24

(d) No pupil shall be required to take or participate in
25
any class or course on AIDS or family life instruction or to
26
receive training on how to properly administer cardiopulmonary

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1
resuscitation or how to use an automated external
2
defibrillator if his or her parent or guardian submits written
3
objection thereto, and refusal to take or participate in the
4
course or program or the training shall not be reason for
5
suspension or expulsion of the pupil.
6

(e) No student in pre-K through 8th grade shall be
7
required to take or participate in any class or course
8
providing instruction in recognizing and avoiding sexual abuse
9
as provided under Section 10-23.13 of this Code if the parent
10
or guardian of the student submits written objection thereto;
11
and refusal to take or participate in such class or course
12
shall not negatively impact a student's academic standing.
13
Each school shall give not less than 5 days' written notice to
14
the parents or guardians of such students before commencing
15
the class or course.

16
(Source: P.A. 104-391, eff. 8-15-25.)

17

Section 10.
The Abused and Neglected Child Reporting Act
18
is amended by changing Section 3 as follows:

19

(325 ILCS 5/3)

(from Ch. 23, par. 2053)
20

Sec. 3.
As used in this Act unless the context otherwise
21
requires:
22

"Adult resident" means any person between 18 and 22 years
23
of age who resides in any facility licensed by the Department
24
under the Child Care Act of 1969. For purposes of this Act, the

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1
criteria set forth in the definitions of "abused child" and
2
"neglected child" shall be used in determining whether an
3
adult resident is abused or neglected.
4

"Agency" means a child care facility licensed under
5
Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
6
includes a transitional living program that accepts children
7
and adult residents for placement who are in the guardianship
8
of the Department.
9

"Blatant disregard" means an incident where the real,
10
significant, and imminent risk of harm would be so obvious to a
11
reasonable parent or caretaker that it is unlikely that a
12
reasonable parent or caretaker would have exposed the child to
13
the danger without exercising precautionary measures to
14
protect the child from harm. With respect to a person working
15
at an agency in the person's professional capacity with a
16
child or adult resident, "blatant disregard" includes a
17
failure by the person to perform job responsibilities intended
18
to protect the child's or adult resident's health, physical
19
well-being, or welfare, and, when viewed in light of the
20
surrounding circumstances, evidence exists that would cause a
21
reasonable person to believe that the child was neglected.
22
With respect to an agency, "blatant disregard" includes a
23
failure to implement practices that ensure the health,
24
physical well-being, or welfare of the children and adult
25
residents residing in the facility.
26

"Child" means any person under the age of 18 years, unless

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1
legally emancipated by reason of marriage or entry into a
2
branch of the United States armed services.
3

"Department" means Department of Children and Family
4
Services.
5

"Local law enforcement agency" means the police of a city,
6
town, village or other incorporated area or the sheriff of an
7
unincorporated area or any sworn officer of the Illinois State
8
Police.
9

"Abused child" means a child whose parent or immediate
10
family member, or any person responsible for the child's
11
welfare, or any individual residing in the same home as the
12
child, or a paramour of the child's parent:
13

(a-1) engages in a pattern of conduct or
14

communications directed toward such child, meaning 2 or
15

more instances of conduct or communication, that a
16

reasonable person would understand as intended to groom,
17

seduce, solicit, lure, or entice the child for the purpose
18

of committing any sex offense or engaging in sexual
19

misconduct against such child. As used in this subsection,
20

"sexual misconduct" means, but is not limited to, any
21

verbal, nonverbal, written, or electronic communication or
22

physical activity by a person responsible for the child's
23

welfare to establish a romantic or sexual relationship
24

with the child. Such conduct or communications may
25

include, but is not limited to, the following:

26

(1) A sexual or romantic invitation.

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1

(2) Dating or soliciting a date.
2

(3) Engaging in sexualized or romantic dialog.
3

(4) Making sexually suggestive comments that are
4

directed toward or with the child;

5

(a-5)

(a)
inflicts, causes to be inflicted, or allows
6

to be inflicted upon such child physical injury, by other
7

than accidental means, which causes death, disfigurement,
8

impairment of physical or emotional health, or loss or
9

impairment of any bodily function;
10

(b) creates a substantial risk of physical injury to
11

such child by other than accidental means which would be
12

likely to cause death, disfigurement, impairment of
13

physical or emotional health, or loss or impairment of any
14

bodily function;
15

(c) commits or allows to be committed any sex offense
16

against such child, as such sex offenses are defined in
17

the Criminal Code of 2012 or in the Wrongs to Children Act,
18

and extending those definitions of sex offenses to include
19

children under 18 years of age;
20

(d) commits or allows to be committed an act or acts of
21

torture upon such child;
22

(e) inflicts excessive corporal punishment or, in the
23

case of a person working for an agency who is prohibited
24

from using corporal punishment, inflicts corporal
25

punishment upon a child or adult resident with whom the
26

person is working in the person's professional capacity;

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1

(f) commits or allows to be committed the offense of
2

female genital mutilation, as defined in Section 12-34 of
3

the Criminal Code of 2012, against the child;
4

(g) causes to be sold, transferred, distributed, or
5

given to such child under 18 years of age, a controlled
6

substance as defined in Section 102 of the Illinois
7

Controlled Substances Act in violation of Article IV of
8

the Illinois Controlled Substances Act or in violation of
9

the Methamphetamine Control and Community Protection Act,
10

except for controlled substances that are prescribed in
11

accordance with Article III of the Illinois Controlled
12

Substances Act and are dispensed to such child in a manner
13

that substantially complies with the prescription;
14

(h) commits or allows to be committed the offense of
15

involuntary servitude, involuntary sexual servitude of a
16

minor, or trafficking in persons as defined in Section
17

10-9 of the Criminal Code of 2012 against the child; or
18

(i)
(blank).

commits the offense of grooming, as
19

defined in Section 11-25 of the Criminal Code of 2012,
20

against the child.
21

A child shall not be considered abused for the sole reason
22
that the child has been relinquished in accordance with the
23
Abandoned Newborn Infant Protection Act.
24

"Neglected child" means any child who is not receiving the
25
proper or necessary nourishment or medically indicated
26
treatment including food or care not provided solely on the

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1
basis of the present or anticipated mental or physical
2
impairment as determined by a physician acting alone or in
3
consultation with other physicians or otherwise is not
4
receiving the proper or necessary support or medical or other
5
remedial care recognized under State law as necessary for a
6
child's well-being, or other care necessary for the child's
7
well-being, including adequate food, clothing and shelter; or
8
who is subjected to an environment which is injurious insofar
9
as (i) the child's environment creates a likelihood of harm to
10
the child's health, physical well-being, or welfare and (ii)
11
the likely harm to the child is the result of a blatant
12
disregard of parent, caretaker, person responsible for the
13
child's welfare, or agency responsibilities; or who is
14
abandoned by the child's parents or other person responsible
15
for the child's welfare without a proper plan of care; or who
16
has been provided with interim crisis intervention services
17
under Section 3-5 of the Juvenile Court Act of 1987 and whose
18
parent, guardian, or custodian refuses to permit the child to
19
return home and no other living arrangement agreeable to the
20
parent, guardian, or custodian can be made, and the parent,
21
guardian, or custodian has not made any other appropriate
22
living arrangement for the child; or who is a newborn infant
23
whose blood, urine, or meconium contains any amount of a
24
controlled substance as defined in subsection (f) of Section
25
102 of the Illinois Controlled Substances Act or a metabolite
26
thereof, with the exception of a controlled substance or

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LRB104 16801 KTG 30210 b
1
metabolite thereof whose presence in the newborn infant is the
2
result of medical treatment administered to the person who
3
gave birth or the newborn infant. A child shall not be
4
considered neglected for the sole reason that the child's
5
parent or other person responsible for the child's welfare has
6
left the child in the care of an adult relative for any period
7
of time. A child shall not be considered neglected for the sole
8
reason that the child has been relinquished in accordance with
9
the Abandoned Newborn Infant Protection Act. A child shall not
10
be considered neglected or abused for the sole reason that
11
such child's parent or other person responsible for the
12
child's welfare depends upon spiritual means through prayer
13
alone for the treatment or cure of disease or remedial care as
14
provided under Section 4 of this Act. A child shall not be
15
considered neglected or abused solely because the child is not
16
attending school in accordance with the requirements of
17
Article 26 of The School Code, as amended.
18

"Child Protective Service Unit" means certain specialized
19
State employees of the Department assigned by the Director to
20
perform the duties and responsibilities as provided under
21
Section 7.2 of this Act.
22

"Near fatality" means an act that, as certified by a
23
physician, places the child in serious or critical condition,
24
including acts of great bodily harm inflicted upon children
25
under 13 years of age, and as otherwise defined by Department
26
rule.

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1

"Great bodily harm" includes bodily injury which creates a
2
high probability of death, or which causes serious permanent
3
disfigurement, or which causes a permanent or protracted loss
4
or impairment of the function of any bodily member or organ, or
5
other serious bodily harm.
6

"Person responsible for the child's welfare" means the
7
child's parent; guardian; foster parent; relative caregiver;
8
any person responsible for the child's welfare in a public or
9
private residential agency or institution; any person
10
responsible for the child's welfare within a public or private
11
profit or not for profit child care facility; or any other
12
person responsible for the child's welfare at the time of the
13
alleged abuse or neglect, including any person who commits or
14
allows to be committed, against the child, the offense of
15
involuntary servitude, involuntary sexual servitude of a
16
minor, or trafficking in persons for forced labor or services,
17
as provided in Section 10-9 of the Criminal Code of 2012,
18
including, but not limited to, the custodian of the minor, or
19
any person who came to know the child through an official
20
capacity or position of trust, including, but not limited to,
21
health care professionals, educational personnel, recreational
22
supervisors, members of the clergy, and volunteers or support
23
personnel in any setting where children may be subject to
24
abuse or neglect.
25

"Temporary protective custody" means custody within a
26
hospital or other medical facility or a place previously

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LRB104 16801 KTG 30210 b
1
designated for such custody by the Department, subject to
2
review by the Court, including a licensed foster home, group
3
home, or other institution; but such place shall not be a jail
4
or other place for the detention of criminal or juvenile
5
offenders.
6

"An unfounded report" means any report made under this Act
7
for which it is determined after an investigation that no
8
credible evidence of abuse or neglect exists.
9

"An indicated report" means a report made under this Act
10
if an investigation determines that credible evidence of the
11
alleged abuse or neglect exists.
12

"An undetermined report" means any report made under this
13
Act in which it was not possible to initiate or complete an
14
investigation on the basis of information provided to the
15
Department.
16

"Subject of report" means any child reported to the
17
central register of child abuse and neglect established under
18
Section 7.7 of this Act as an alleged victim of child abuse or
19
neglect and the parent or guardian of the alleged victim or
20
other person responsible for the alleged victim's welfare who
21
is named in the report or added to the report as an alleged
22
perpetrator of child abuse or neglect.
23

"Perpetrator" means a person who, as a result of
24
investigation, has been determined by the Department to have
25
caused child abuse or neglect.
26

"Member of the clergy" means a clergyperson or

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1
practitioner of any religious denomination accredited by the
2
religious body to which the clergyperson or practitioner
3
belongs.
4
(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
5
102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)

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