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Illinois General Assembly - Full Text of HB4539

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Full Text of HB4539

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HB4539 - 104th General Assembly

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HB4539 Engrossed
LRB104 20370 KTG 33825 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 Abused and Neglected Child Reporting Act is
5
amended by changing Sections 3 and 7.3 as follows:

6

(325 ILCS 5/3)

(from Ch. 23, par. 2053)
7

Sec. 3.
As used in this Act unless the context otherwise
8
requires:
9

"Adult resident" means any person between 18 and 22 years
10
of age who resides in any facility licensed by the Department
11
under the Child Care Act of 1969. For purposes of this Act, the
12
criteria set forth in the definitions of "abused child" and
13
"neglected child" shall be used in determining whether an
14
adult resident is abused or neglected.
15

"Agency" means a child care facility licensed under
16
Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
17
includes a transitional living program that accepts children
18
and adult residents for placement who are in the guardianship
19
of the Department.
20

"Blatant disregard" means an incident where the real,
21
significant, and imminent risk of harm would be so obvious to a
22
reasonable parent or caretaker that it is unlikely that a
23
reasonable parent or caretaker would have exposed the child to

HB4539 Engrossed
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LRB104 20370 KTG 33825 b
1
the danger without exercising precautionary measures to
2
protect the child from harm. With respect to a person working
3
at an agency in the person's professional capacity with a
4
child or adult resident, "blatant disregard" includes a
5
failure by the person to perform job responsibilities intended
6
to protect the child's or adult resident's health, physical
7
well-being, or welfare, and, when viewed in light of the
8
surrounding circumstances, evidence exists that would cause a
9
reasonable person to believe that the child was neglected.
10
With respect to an agency, "blatant disregard" includes a
11
failure to implement practices that ensure the health,
12
physical well-being, or welfare of the children and adult
13
residents residing in the facility.
14

"Child" means any person under the age of 18 years, unless
15
legally emancipated by reason of marriage or entry into a
16
branch of the United States armed services.
17

"Department" means Department of Children and Family
18
Services.
19

"Local law enforcement agency" means the police of a city,
20
town, village or other incorporated area or the sheriff of an
21
unincorporated area or any sworn officer of the Illinois State
22
Police.
23

"Abused child" means a child
with respect to whom:

whose
24

(1) a
parent
,
or
25

(2) a parent's paramour, or

26

(3) any other person 14 years of age or older who is

HB4539 Engrossed
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LRB104 20370 KTG 33825 b
1

either responsible for the child's welfare, is an

2

immediate family member, or
resides in the same home as
3

the child:

any person responsible for the child's welfare,
4

or any individual residing in the same home as the child,
5

or a paramour of the child's parent:
6

(a) inflicts, causes to be inflicted, or allows to be
7

inflicted upon such child physical injury, by other than
8

accidental means, which causes death, disfigurement,
9

impairment of physical or emotional health, or loss or
10

impairment of any bodily function;
11

(b) creates a substantial risk of physical injury to
12

such child by other than accidental means which would be
13

likely to cause death, disfigurement, impairment of
14

physical or emotional health, or loss or impairment of any
15

bodily function;
16

(c) commits or allows to be committed any sex offense
17

against such child, as such sex offenses are defined in
18

the Criminal Code of 2012 or in the Wrongs to Children Act,
19

and extending those definitions of sex offenses to include
20

children under 18 years of age;
21

(d) commits or allows to be committed an act or acts of
22

torture upon such child;
23

(e) inflicts excessive corporal punishment or, in the
24

case of a person working for an agency who is prohibited
25

from using corporal punishment, inflicts corporal
26

punishment upon a child or adult resident with whom the

HB4539 Engrossed
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LRB104 20370 KTG 33825 b
1

person is working in the person's professional capacity;
2

(f) commits or allows to be committed the offense of
3

female genital mutilation, as defined in Section 12-34 of
4

the Criminal Code of 2012, against the child;
5

(g) causes to be sold, transferred, distributed, or
6

given to such child under 18 years of age, a controlled
7

substance as defined in Section 102 of the Illinois
8

Controlled Substances Act in violation of Article IV of
9

the Illinois Controlled Substances Act or in violation of
10

the Methamphetamine Control and Community Protection Act,
11

except for controlled substances that are prescribed in
12

accordance with Article III of the Illinois Controlled
13

Substances Act and are dispensed to such child in a manner
14

that substantially complies with the prescription;
15

(h) commits or allows to be committed the offense of
16

involuntary servitude, involuntary sexual servitude of a
17

minor, or trafficking in persons as defined in Section
18

10-9 of the Criminal Code of 2012 against the child; or
19

(i) commits the offense of grooming, as defined in
20

Section 11-25 of the Criminal Code of 2012, against the
21

child.
22

A child shall not be considered abused for the sole reason
23
that the child has been relinquished in accordance with the
24
Abandoned Newborn Infant Protection Act.
25

"Neglected child" means any child who is not receiving the
26
proper or necessary nourishment or medically indicated

HB4539 Engrossed
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LRB104 20370 KTG 33825 b
1
treatment including food or care not provided solely on the
2
basis of the present or anticipated mental or physical
3
impairment as determined by a physician acting alone or in
4
consultation with other physicians or otherwise is not
5
receiving the proper or necessary support or medical or other
6
remedial care recognized under State law as necessary for a
7
child's well-being, or other care necessary for the child's
8
well-being, including adequate food, clothing and shelter; or
9
who is subjected to an environment which is injurious insofar
10
as (i) the child's environment creates a likelihood of harm to
11
the child's health, physical well-being, or welfare and (ii)
12
the likely harm to the child is the result of a blatant
13
disregard of parent, caretaker, person responsible for the
14
child's welfare, or agency responsibilities; or who is
15
abandoned by the child's parents or other person responsible
16
for the child's welfare without a proper plan of care; or who
17
has been provided with interim crisis intervention services
18
under Section 3-5 of the Juvenile Court Act of 1987 and whose
19
parent, guardian, or custodian refuses to permit the child to
20
return home and no other living arrangement agreeable to the
21
parent, guardian, or custodian can be made, and the parent,
22
guardian, or custodian has not made any other appropriate
23
living arrangement for the child; or who is a newborn infant
24
whose blood, urine, or meconium contains any amount of a
25
controlled substance as defined in subsection (f) of Section
26
102 of the Illinois Controlled Substances Act or a metabolite

HB4539 Engrossed
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LRB104 20370 KTG 33825 b
1
thereof, with the exception of a controlled substance or
2
metabolite thereof whose presence in the newborn infant is the
3
result of medical treatment administered to the person who
4
gave birth or the newborn infant. A child shall not be
5
considered neglected for the sole reason that the child's
6
parent or other person responsible for the child's welfare has
7
left the child in the care of an adult relative for any period
8
of time. A child shall not be considered neglected for the sole
9
reason that the child has been relinquished in accordance with
10
the Abandoned Newborn Infant Protection Act. A child shall not
11
be considered neglected or abused for the sole reason that
12
such child's parent or other person responsible for the
13
child's welfare depends upon spiritual means through prayer
14
alone for the treatment or cure of disease or remedial care as
15
provided under Section 4 of this Act. A child shall not be
16
considered neglected or abused solely because the child is not
17
attending school in accordance with the requirements of
18
Article 26 of The School Code, as amended.
19

"Child Protective Service Unit" means certain specialized
20
State employees of the Department assigned by the Director to
21
perform the duties and responsibilities as provided under
22
Section 7.2 of this Act.
23

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

HB4539 Engrossed
- 7 -
LRB104 20370 KTG 33825 b
1
rule.
2

"Great bodily harm" includes bodily injury which creates a
3
high probability of death, or which causes serious permanent
4
disfigurement, or which causes a permanent or protracted loss
5
or impairment of the function of any bodily member or organ, or
6
other serious bodily harm.
7

"Person responsible for the child's welfare" means the
8
child's parent; guardian; foster parent; relative caregiver;
9
any person responsible for the child's welfare in a public or
10
private residential agency or institution; any person
11
responsible for the child's welfare within a public or private
12
profit or not for profit child care facility; or any other
13
person responsible for the child's welfare at the time of the
14
alleged abuse or neglect, including any person who commits or
15
allows to be committed, against the child, the offense of
16
involuntary servitude, involuntary sexual servitude of a
17
minor, or trafficking in persons for forced labor or services,
18
as provided in Section 10-9 of the Criminal Code of 2012,
19
including, but not limited to, the custodian of the minor, or
20
any person who came to know the child through an official
21
capacity or position of trust, including, but not limited to,
22
health care professionals, educational personnel, recreational
23
supervisors, members of the clergy, and volunteers or support
24
personnel in any setting where children may be subject to
25
abuse or neglect.
26

"Temporary protective custody" means custody within a

HB4539 Engrossed
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LRB104 20370 KTG 33825 b
1
hospital or other medical facility or a place previously
2
designated for such custody by the Department, subject to
3
review by the Court, including a licensed foster home, group
4
home, or other institution; but such place shall not be a jail
5
or other place for the detention of criminal or juvenile
6
offenders.
7

"An unfounded report" means any report made under this Act
8
for which it is determined after an investigation that no
9
credible evidence of abuse or neglect exists.
10

"An indicated report" means a report made under this Act
11
if an investigation determines that credible evidence of the
12
alleged abuse or neglect exists.
13

"An undetermined report" means any report made under this
14
Act in which it was not possible to initiate or complete an
15
investigation on the basis of information provided to the
16
Department.
17

"Subject of report" means any child reported to the
18
central register of child abuse and neglect established under
19
Section 7.7 of this Act as an alleged victim of child abuse or
20
neglect and the parent or guardian of the alleged victim or
21
other person responsible for the alleged victim's welfare who
22
is named in the report or added to the report as an alleged
23
perpetrator of child abuse or neglect.
24

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

HB4539 Engrossed
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LRB104 20370 KTG 33825 b
1

"Member of the clergy" means a clergyperson or
2
practitioner of any religious denomination accredited by the
3
religious body to which the clergyperson or practitioner
4
belongs.
5
(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
6
102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)

7

(325 ILCS 5/7.3)

(from Ch. 23, par. 2057.3)
8

Sec. 7.3.
(a) The Department shall be the sole agency
9
responsible for receiving and investigating reports of child
10
abuse or neglect made under this Act, including reports of
11
adult resident abuse or neglect as defined in this Act, except
12
where investigations by other agencies may be required with
13
respect to reports alleging the abuse or neglect of a child by
14
a person who is not the child's parent, a member of the child's
15
immediate family, a person responsible for the child's
16
welfare, an individual residing in the same home as the child,
17
or a paramour of the child's parent, the death of a child,
18
serious injury to a child or sexual abuse to a child made
19
pursuant to Sections 4.1 or 7 of this Act, and except that the
20
Department may delegate the performance of the investigation
21
to the Illinois State Police, a law enforcement agency and to
22
those private social service agencies which have been
23
designated for this purpose by the Department prior to July 1,
24
1980.
25

(a-5) If the Department does not accept a report for

HB4539 Engrossed
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LRB104 20370 KTG 33825 b
1
investigation on the sole basis that the alleged perpetrator
2
is another person in the household or an immediate family
3
member under the age of 14, then the Department shall consider
4
if there is reasonable cause to suspect that the alleged
5
maltreatment is the result of blatant disregard on the part of
6
a person or agency who is an eligible perpetrator. If so, the
7
Department shall accept a report alleging abuse or neglect
8
identifying the person or agency as the alleged perpetrator.
9
The Department may also consider whether a child welfare
10
service referral would be appropriate.

11

(b) Notwithstanding any other provision of this Act, the
12
Department shall adopt rules expressly allowing law
13
enforcement personnel to investigate reports of suspected
14
child abuse or neglect concurrently with the Department,
15
without regard to whether the Department determines a report
16
to be "indicated" or "unfounded" or deems a report to be
17
"undetermined".
18

(c) By June 1, 2016, the Department shall adopt rules that
19
address and set forth criteria and standards relevant to
20
investigations of reports of abuse or neglect committed by any
21
agency, as defined in Section 3 of this Act, or person working
22
for an agency responsible for the welfare of a child or adult
23
resident.
24
(Source: P.A. 101-583, eff. 1-1-20; 102-538, eff. 8-20-21.)

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