REPRODUCTIVE HEALTH

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5022

Introduced 2/10/2026, by Rep. Sonya M. Harper

SYNOPSIS AS INTRODUCED:

See Index

Provides that the amendatory Act may be referred to as the
Reproductive Liberty and Justice Act. Amends the Equity and Representation
in Health Care Act. Expands the definition of "medical facility" to
include a reproductive health center established at a nonprofit community
health center. Makes other changes. Amends the Birth Center Licensing Act.
Makes changes to the definition of "birth center". Provides that a birth
center and any licensed provider of abortion and birth control services on
site may be colocated at the same facility. Requires the Department of
Public Health to adopt rules for licensing and designating colocated
facilities to provide specified essential reproductive health care
services. Contains other provisions. Amends the Licensed Certified
Professional Midwife Practice Act. Provides that a licensed certified
professional midwife may provide out-of-hospital care to a childbearing
individual who has had a previous cesarean section, if authorized by the
Department of Financial and Professional Regulation. Removes language
prohibiting a licensed certified professional midwife from (1) performing
an abortion or (2) knowingly accepting responsibility for prenatal or
intrapartum care of a client with alcohol abuse or drug addiction. Amends
the Abused and Neglected Child Reporting Act. Removes from the definition
of "neglected child" any child who is a newborn infant whose blood, urine,
or meconium contains any amount of a controlled substance. Makes
corresponding changes to the Juvenile Court Act of 1987, the Adoption Act,
and the Vital Records Act. Contains provisions concerning CAPTA
notifications and prohibited disclosures regarding the results of a
toxicology test administered on a newborn or a pregnant person. Amends the
Substance Use Disorder Act. Contains provisions concerning Plans of Safe
Care. Amends the Medical Patient Rights Act. Provides that a patient has
the right for a physician and other health care service providers to
administer specified medical tests without disclosing the results of the
test to a law enforcement agency or to the Department of Children and
Family Services. Amends the Illinois Health and Hazardous Substances
Registry Act. Makes changes to the definition of "adverse pregnancy
outcome". Contains provisions concerning certificates of birth resulting
in stillbirth. Makes other changes.
LRB104 18089 TRT 31528 b

A BILL FOR

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1

AN ACT concerning health.

2

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

4

Section 1.
This Act may be referred to as the Reproductive
5
Liberty and Justice Act.

6

Section 3.
Purpose.
The purposes of this Act are to reduce
7
racial and geographic inequities that currently preclude
8
segments of the Illinois population from autonomously
9
exercising the fundamental rights and liberties provided by
10
the Reproductive Health Act; to provide patients with secure
11
knowledge that the personal information they disclose to
12
providers of reproductive health care services will remain
13
private and confidential; to correct deficiencies in the
14
implementation of Public Act 93-578, such that families who
15
experience stillbirth are treated with dignity and respect by
16
this State; and to ensure that the increasing number of
17
patients traveling to Illinois from out-of-state for legal
18
abortion care does not compound inequities in the availability
19
of and access to maternity care among childbearing families
20
who reside in Illinois.

21

Section 5.
The Substance Use Disorder Act is amended by
22
adding Section 35-15 as follows:

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1

(20 ILCS 301/35-15 new)
2

Sec. 35-15.
Plans of Safe Care.
The Division of Substance
3
Use Prevention and Recovery, in consultation with the Illinois
4
Perinatal Quality Collaborative or its successor organization,
5
shall develop a standardized Plan of Safe Care form to support
6
discharge planning for mothers and infants affected by
7
prenatal substance exposure. Plans of Safe Care shall not be
8
recorded in the State Central Registry described in Section 7
9
of the Abused and Neglected Child Reporting Act and shall not
10
be discoverable or admissible as evidence in any proceeding
11
pursuant to the Juvenile Court Act of 1987 or the Adoption Act
12
unless the named party waives his or her right to
13
confidentiality in writing.
14

As used in this Section, "Plan of Safe Care" means a
15
written or electronic document designed to ensure the safety
16
and well-being of a newborn who has been identified by his or
17
her healthcare provider as being affected by prenatal
18
substance exposure or withdrawal symptoms, or a fetal alcohol
19
spectrum disorder (FASD), and his or her gestational parent.

20

Section 10.
The Equity and Representation in Health Care
21
Act is amended by changing Section 10 as follows:

22

(110 ILCS 932/10)
23

Sec. 10.
Definitions.
As used in this Act:

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"Accredited school" means a college or university in which
2
a degree in allopathic medicine, osteopathic medicine,
3
dentistry, physical therapy, or an equivalent credential for a
4
health program is earned and for which the Council for Higher
5
Education Accreditation or its affiliates has determined that
6
the school meets specific standards for its programs, faculty,
7
and curriculum.
8

"Advanced practice registered nurse" or "APRN" means an
9
advanced practice registered nurse as defined under Section
10
50-10 of the Nurse Practice Act.
11

"Allopathic medicine" means the use of pharmacological
12
agents or physical interventions to treat or suppress symptoms
13
or processes of diseases or conditions.
14

"Applicant" means a health care professional or medical
15
facility who applies for loan repayment assistance or
16
scholarship funds under this Act.
17

"Approved graduate training" means training in medicine,
18
dentistry, or any other health profession that leads to
19
eligibility for board certification, provides evidence of
20
completion, and is approved by the appropriate health care
21
professional's body.
22

"Behavioral health provider" means a provider of a
23
commonly recognized discipline in the behavioral health
24
industry, including, but not limited to, licensed clinical
25
social workers, behavioral health therapists, certified
26
marriage and family counselors, licensed social workers, and

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1
addiction counselors.
2

"Breach of service obligation" means failure for any
3
reason to begin or complete a contractual service commitment.
4

"Commercial loan" means a loan made by a bank, credit
5
union,
savings-and-loan

savings and loan
association,
6
insurance company, school, or other financial institution.
7

"Community health center" means a migrant health center,
8
community health center, health care program for the homeless
9
or for residents of public housing supported under Section 330
10
of the federal Public Health Service Act, or FQHC, including
11
an FQHC Look-Alike, as designated by the U.S. Department of
12
Health and Human Services, that operates at least one
13
federally designated primary health care delivery site in
14
Illinois.
15

"Default" means failure to meet a legal obligation or
16
condition of a loan.
17

"Department" means the Department of Public Health.
18

"Dental assistant" means a person who serves as a member
19
of a dental care team, working directly with a dentist to
20
perform duties that include, but are not limited to, assisting
21
with dental procedures, preparing patients for procedures,
22
preparing examinations, and sterilizing equipment.
23

"Dentist" means a person licensed to practice dentistry
24
under the Illinois Dental Practice Act.
25

"Director" means the Director of Public Health.
26

"Equity and Representation in Health Care Workforce

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Repayment Program" or "Repayment Program" means the Equity and
2
Representation in Health Care Workforce Repayment Program
3
created under subsection (a) of Section 15.
4

"Equity and Representation in Health Care Workforce
5
Scholarship Program" or "Scholarship Program" means the Equity
6
and Representation in Health Care Workforce Scholarship
7
Program created under subsection (b) of Section 15.
8

"Federally Qualified Health Center" or "FQHC" means a
9
health center funded under Section 330 of the federal Public
10
Health Service Act.
11

"Federally Qualified Health Center Look-Alike" or "FQHC
12
Look-Alike" means a health center that meets the requirements
13
for receiving a grant under Section 330 of the federal Public
14
Health Service Act but does not receive funding under that
15
authority.
16

"Government loan" means a loan made by a federal, State,
17
county, or city agency authorized to make the loan.
18

"Health care professional" means a physician, physician
19
assistant, advanced practice registered nurse, nurse,
20
chiropractic physician, podiatric physician, physical
21
therapist, physical therapist assistant, occupational
22
therapist, speech therapist, behavioral health provider,
23
psychiatrist, psychologist, pharmacist, dentist, medical
24
assistant, dental assistant, or dental hygienist.
25

"Health professional shortage area" or "HPSA" means a
26
designation from the U.S. Department of Health and Human

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Services that indicates the shortage of primary medical care
2
or dental or mental health providers. The designation may be
3
geographic, such as a county or service area; demographic,
4
such as low-income population; or institutional, such as a
5
comprehensive health center, FQHC, or other public facility.
6

"Lender" means the commercial or government entity that
7
makes a qualifying loan.
8

"Licensed certified professional midwife" means a person
9
who meets the requirements under Section 45 of the Licensed
10
Certified Professional Midwife Practice Act and holds an
11
active license to practice as a certified professional midwife
12
in Illinois.

13

"Loan repayment award" or "award" means the amount of
14
funding awarded to a recipient based upon his or her
15
reasonable educational expenses, up to a maximum established
16
by the program.
17

"Loan repayment agreement" or "agreement" means the
18
written instrument defining a legal relationship entered into
19
between the Department and a recipient.
20

"Medical assistant" means a person who serves as a member
21
of a medical care team working directly with other providers
22
to perform duties that include, but are not limited to,
23
gathering patient information, taking vital signs, preparing
24
patients for examinations, and assisting physicians during
25
examinations.
26

"Medical facility" means a facility in which the delivery

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1
of health services is provided. A medical facility must be a
2
nonprofit or public facility located in Illinois and includes
3
the following:
4

(1) A Federally Qualified Health Center.
5

(2) An FQHC Look-Alike.
6

(3) A hospital system operated by a county with more
7

than 3,000,000 residents.
8

(4) A reproductive health center established at a
9

nonprofit community health center under Section 2310-438
10

of the Department of Public Health Powers and Duties Law
11

of the Civil Administrative Code of Illinois, if approved
12

by the Department.

13

"Medically underserved area" or "MUA" means an area
14
designated by the U.S. Department of Health and Human
15
Services' Health Resources and Services Administration as
16
having too few primary care providers, high infant mortality,
17
high poverty, or a high elderly population.
18

"Nurse" means a person who is licensed as a licensed
19
practical nurse or as a registered nurse under the Nurse
20
Practice Act.
21

"Osteopathic medicine" means medical practice based upon
22
the theory that diseases are due to loss of structural
23
integrity, which can be restored by manipulation of the parts
24
and supplemented by therapeutic measures.
25

"Physical therapist" means an individual licensed as a
26
physical therapist under the Illinois Physical Therapy Act.

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1

"Physical therapist assistant" means an individual
2
licensed as a physical therapist assistant under the Illinois
3
Physical Therapy Act.
4

"Physician" means a person licensed to practice medicine
5
in all of its branches under the Medical Practice Act of 1987.
6

"Physician assistant" means an individual licensed under
7
the Physician Assistant Practice Act of 1987.
8

"Primary care" means health care that encompasses
9
prevention services, basic diagnostic and treatment services,
10
and support services, including laboratory, radiology,
11
transportation, and pharmacy services.
12

"Psychiatrist" means a physician licensed to practice
13
medicine in Illinois under the Medical Practice Act of 1987
14
who has successfully completed an accredited residency program
15
in psychiatry.
16

"Qualifying loan" means a government loan or commercial
17
loan used for tuition and reasonable educational and living
18
expenses related to undergraduate or graduate education that
19
was obtained by the recipient prior to his or her application
20
for loan repayment and that is contemporaneous with the
21
education received.
22

"Reasonable educational expenses" means costs for
23
education, exclusive of tuition. These costs include, but are
24
not limited to, fees, books, supplies, clinical travel,
25
educational equipment, materials, board certification, or
26
licensing examinations. "Reasonable educational expenses" do

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1
not exceed the estimated standard budget for expenses for the
2
degree program and for the years of enrollment.
3

"Reasonable living expenses" means room and board,
4
transportation, and commuting costs associated with the
5
applicant's attendance and participation in an educational and
6
workforce training program. "Reasonable living expenses" do
7
not exceed the estimated standard budget for the recipient's
8
degree program and for the years of enrollment.
9

"Recognized training entity" means an entity approved by
10
the Department to provide training and education for medical
11
assistants and dental assistants.
12

"Recipient" means a health care professional or medical
13
facility that may use loan repayment funds.
14

"Rural" has the same meaning that is used by the federal
15
Health Resources and Services Administration to determine
16
eligibility for Rural Health Grants.
17

"State" means the State of Illinois.
18
(Source: P.A. 102-942, eff. 1-1-23; 103-154, eff. 6-30-23.)

19

Section 15.
The Hospital Licensing Act is amended by
20
adding Section 11.11 as follows:

21

(210 ILCS 85/11.11 new)
22

Sec. 11.11.
Certificate of birth resulting in stillbirth;
23
notification.

This Section may be referred to as Liam's Law.
24

A hospital having custody of a fetus following a

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1
spontaneous fetal death occurring during or after a gestation
2
period of at least 20 completed weeks must notify the
3
gestational parent of the parent's right to receive a
4
certificate of birth resulting in stillbirth as described in
5
Section 20.5 of the Vital Records Act. The Department of
6
Public Health shall develop a form to be used for notification
7
under this Section and hospitals shall provide the form to the
8
gestational parent. This form shall be known as a "Liam's Law
9
notice." The Department of Public Health shall consult with
10
the 2 Illinois-based Fetal Infant Mortality Review Project
11
Community Action Teams, or their successor organizations, to
12
ensure that any language included in the standardized "Liam's
13
Law notice" is culturally sensitive to the needs of bereaved
14
families. The "Liam's Law notice" shall be available in both
15
English and Spanish.

16

Section 20.
The Birth Center Licensing Act is amended by
17
changing Section 5 and by adding Section 65 as follows:

18

(210 ILCS 170/5)
19

Sec. 5.
Definitions.
In this Act:
20

"Birth center" means a designated site, other than a
21
hospital:
22

(1) in which births are planned to occur following a
23

normal, uncomplicated, and low-risk pregnancy;
24

(2) that is not the pregnant person's usual place of

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1

residence;
2

(3) that is dedicated to serving the
reproductive
3

health care

childbirth-related
needs of pregnant persons
4

and
their
newborns, and has no more than 10 beds;
5

(4) that offers prenatal care and community education
6

services and coordinates these services with other health
7

care services available in the community;
and
8

(5) that does not provide general anesthesia
; and

or
9

surgery.
10

(6) that does not provide surgery except as allowed by
11

the Department by rule.

12

"Certified nurse midwife" means an advanced practice
13
registered nurse licensed in Illinois under the Nurse Practice
14
Act with full practice authority or who is delegated such
15
authority as part of a written collaborative agreement with a
16
physician who is associated with the birthing center or who
17
has privileges at a nearby birthing hospital.
18

"Department" means the Illinois Department of Public
19
Health.
20

"Hospital" does not include places where pregnant females
21
are received, cared for, or treated during delivery if it is in
22
a licensed birth center, nor include any facility required to
23
be licensed as a birth center.
24

"Licensed certified professional midwife" means a person
25
who has successfully met the requirements under Section 45 of
26
the Licensed Certified Professional Midwife Practice Act and

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1
holds an active license to practice as a licensed certified
2
professional midwife in Illinois.
3

"Physician" means a physician licensed to practice
4
medicine in all its branches in Illinois.
5

"Reproductive health care" has the meaning ascribed to
6
that term in Section 1-10 of the Reproductive Health Act.

7
(Source: P.A. 102-518, eff. 8-20-21; 102-964, eff. 1-1-23;
8
102-1117, eff. 1-13-23.)

9

(210 ILCS 170/65 new)
10

Sec. 65.
Colocated facilities; essential reproductive
11
health care services.
12

(a) In this Section, "colocated facility" means a facility
13
licensed in accordance with rules adopted by the Department
14
under subsection (c).
15

(b) Notwithstanding any other provision of law, a birth
16
center licensed under this Act, a birth center operating under
17
the Alternative Health Care Delivery Act, or any licensed
18
provider of abortion services and birth control services on
19
site may be colocated at the same facility.
20

(c) The Department shall adopt rules creating a licensing
21
scheme and designation for colocated facilities.
22

(d) A colocated facility shall provide essential
23
reproductive health care services according to a sliding fee
24
schedule for uninsured patients, such as the Sliding Fee
25
Discount Program's fee schedule used by Federally Qualified

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1
Health Centers. The essential reproductive health care
2
services include, but are not limited to, all of the
3
following:
4

(1) Annual women's health examinations, including, but
5

not limited to, Papanicolaou tests and breast
6

examinations.
7

(2) Recovery support services for pregnant and
8

postpartum individuals affected by a substance use
9

disorder, including, but not limited to, the prescription
10

of medications that are approved by the United States Food
11

and Drug Administration and the Center for Substance Abuse
12

Treatment for the treatment of an opioid use disorder in
13

pregnant individuals. As used in this paragraph, "recovery
14

support" has the meaning ascribed to that term in Section
15

1-10 of the Substance Use Disorder Act.
16

(3) Preconception wellness visits.
17

(4) Prenatal care, including, but not limited to,
18

ultrasound examinations.
19

(5) Labor and delivery services led by a physician,
20

certified nurse midwife, or licensed certified
21

professional midwife.
22

(6) Postpartum care and support.
23

(7) Examinations and prescriptions for contraceptives.
24

(8) Abortion care and post-abortion care, including,
25

but not limited to, induced terminations and management of
26

spontaneous fetal death.

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1

(9) Examinations, care, and prescriptions for sexually
2

transmitted infections.
3

(10) Assessment for and prescription of pre-exposure
4

prophylaxis (PrEP).
5

(11) Perinatal doulas and community health workers who
6

specialize in reproductive health care issues.
7

(e) A colocated facility shall not refuse access to
8
essential reproductive health care services described under
9
subsection (d) to a patient seeking access to any of those
10
services on the basis of his or her immigration status, state
11
or territory of residence, insurance status, or of any other
12
characteristic protected under the Illinois Human Rights Act.
13

(f) A colocated facility must obtain a certificate of need
14
from the Health Facilities and Services Review Board under the
15
Health Facilities Planning Act to operate an obstetric bed
16
unit with a bed capacity of no more than 8 beds.

17

(g) A colocated facility shall link and integrate labor
18
and delivery services with at least one hospital with a
19
minimum Level 3 perinatal designation.

20

(h) A colocated facility shall be eligible to receive
21
funding through the Department of Human Services for
22
programming described in subsections (h) and (i) of Section
23
35-5 of the Substance Use Disorder Act.

24

Section 25.
The Licensed Certified Professional Midwife
25
Practice Act is amended by changing Section 85 as follows:

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1

(225 ILCS 64/85)
2

(Section scheduled to be repealed on January 1, 2027)
3

Sec. 85.
Prohibited practices.
4

(a) A licensed certified professional midwife may not do
5
any of the following:
6

(1) administer prescription pharmacological agents
7

intended to induce or augment labor;
8

(2) administer prescription pharmacological agents to
9

provide pain management;
10

(3) use vacuum extractors or forceps;
11

(4) prescribe medications;
12

(5) provide out-of-hospital
intrapartum
care to a
13

childbearing individual who has had a previous cesarean
14

section;
15

(6) perform
abortions or
surgical procedures,
16

including, but not limited to, cesarean sections and
17

circumcisions, except for an emergency episiotomy;
18

(7) knowingly accept responsibility for prenatal or
19

intrapartum care of a client with any of the following
20

risk factors:
21

(A) chronic significant maternal cardiac,
22

pulmonary, renal, or hepatic disease;
23

(B) malignant disease in an active phase;
24

(C) significant hematological disorders,
25

coagulopathies, or pulmonary embolism;

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(D) insulin requiring diabetes mellitus;
2

(E) known maternal congenital abnormalities
3

affecting childbirth;
4

(F) confirmed isoimmunization, Rh disease with
5

positive titer;
6

(G) active tuberculosis;
7

(H) active syphilis or gonorrhea;
8

(I) active genital herpes infection 2 weeks prior
9

to labor or in labor;
10

(J) pelvic or uterine abnormalities affecting
11

normal vaginal births, including tumors and
12

malformations;
13

(K)
(blank)

alcoholism or alcohol abuse
;
14

(L)
(blank)

drug addiction or abuse
; or
15

(M) confirmed AIDS status.
16

(b) A licensed certified professional midwife shall not
17
administer Schedule II through IV controlled substances.
18
Subject to a prescription by a health care professional,
19
Schedule V controlled substances may be administered by
20
licensed certified professional midwives.
21
(Source: P.A. 102-683, eff. 10-1-22
.)

22

Section 30.
The Abused and Neglected Child Reporting Act
23
is amended by changing Sections 3, 5, and 7.3 and by adding
24
Section 3.5 as follows:

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1

(325 ILCS 5/3)

(from Ch. 23, par. 2053)
2

Sec. 3.
As used in this Act unless the context otherwise
3
requires:
4

"Adult resident" means any person between 18 and 22 years
5
of age who resides in any facility licensed by the Department
6
under the Child Care Act of 1969. For purposes of this Act, the
7
criteria set forth in the definitions of "abused child" and
8
"neglected child" shall be used in determining whether an
9
adult resident is abused or neglected.
10

"Agency" means a child care facility licensed under
11
Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
12
includes a transitional living program that accepts children
13
and adult residents for placement who are in the guardianship
14
of the Department.
15

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

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1
reasonable person to believe that the child was neglected.
2
With respect to an agency, "blatant disregard" includes a
3
failure to implement practices that ensure the health,
4
physical well-being, or welfare of the children and adult
5
residents residing in the facility.
6

"CAPTA notification" refers to notification to the
7
Department of an infant who has been born and identified as
8
affected by prenatal substance exposure or a fetal alcohol
9
spectrum disorder as required under the federal Child Abuse
10
Prevention and Treatment Act.

11

"Child" means any person under the age of 18 years, unless
12
legally emancipated by reason of marriage or entry into a
13
branch of the United States armed services.
14

"Department" means Department of Children and Family
15
Services.
16

"Local law enforcement agency" means the police of a city,
17
town, village or other incorporated area or the sheriff of an
18
unincorporated area or any sworn officer of the Illinois State
19
Police.
20

"Abused child" means a child whose parent or immediate
21
family member, or any person responsible for the child's
22
welfare, or any individual residing in the same home as the
23
child, or a paramour of the child's parent:
24

(a) inflicts, causes to be inflicted, or allows to be
25

inflicted upon such child physical injury, by other than
26

accidental means, which causes death, disfigurement,

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1

impairment of physical or emotional health, or loss or
2

impairment of any bodily function;
3

(b) creates a substantial risk of physical injury to
4

such child by other than accidental means which would be
5

likely to cause death, disfigurement, impairment of
6

physical or emotional health, or loss or impairment of any
7

bodily function;
8

(c) commits or allows to be committed any sex offense
9

against such child, as such sex offenses are defined in
10

the Criminal Code of 2012 or in the Wrongs to Children Act,
11

and extending those definitions of sex offenses to include
12

children under 18 years of age;
13

(d) commits or allows to be committed an act or acts of
14

torture upon such child;
15

(e) inflicts excessive corporal punishment or, in the
16

case of a person working for an agency who is prohibited
17

from using corporal punishment, inflicts corporal
18

punishment upon a child or adult resident with whom the
19

person is working in the person's professional capacity;
20

(f) commits or allows to be committed the offense of
21

female genital mutilation, as defined in Section 12-34 of
22

the Criminal Code of 2012, against the child;
23

(g) causes to be sold, transferred, distributed, or
24

given to such child under 18 years of age, a controlled
25

substance as defined in Section 102 of the Illinois
26

Controlled Substances Act in violation of Article IV of

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1

the Illinois Controlled Substances Act or in violation of
2

the Methamphetamine Control and Community Protection Act,
3

except for controlled substances that are prescribed in
4

accordance with Article III of the Illinois Controlled
5

Substances Act and are dispensed to such child in a manner
6

that substantially complies with the prescription;
7

(h) commits or allows to be committed the offense of
8

involuntary servitude, involuntary sexual servitude of a
9

minor, or trafficking in persons as defined in Section
10

10-9 of the Criminal Code of 2012 against the child; or
11

(i) commits the offense of grooming, as defined in
12

Section 11-25 of the Criminal Code of 2012, against the
13

child.
14

A child shall not be considered abused for the sole reason
15
that the child has been relinquished in accordance with the
16
Abandoned Newborn Infant Protection Act.
17

"Neglected child" means any child who is not receiving the
18
proper or necessary nourishment or medically indicated
19
treatment including food or care not provided solely on the
20
basis of the present or anticipated mental or physical
21
impairment as determined by a physician acting alone or in
22
consultation with other physicians or otherwise is not
23
receiving the proper or necessary support or medical or other
24
remedial care recognized under State law as necessary for a
25
child's well-being, or other care necessary for the child's
26
well-being, including adequate food, clothing and shelter; or

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who is subjected to an environment which is injurious insofar
2
as (i) the child's environment creates a likelihood of harm to
3
the child's health, physical well-being, or welfare and (ii)
4
the likely harm to the child is the result of a blatant
5
disregard of parent, caretaker, person responsible for the
6
child's welfare, or agency responsibilities; or who is
7
abandoned by the child's parents or other person responsible
8
for the child's welfare without a proper plan of care; or who
9
has been provided with interim crisis intervention services
10
under Section 3-5 of the Juvenile Court Act of 1987 and whose
11
parent, guardian, or custodian refuses to permit the child to
12
return home and no other living arrangement agreeable to the
13
parent, guardian, or custodian can be made, and the parent,
14
guardian, or custodian has not made any other appropriate
15
living arrangement for the child
; or who is a newborn infant
16
whose blood, urine, or meconium contains any amount of a
17
controlled substance as defined in subsection (f) of Section
18
102 of the Illinois Controlled Substances Act or a metabolite
19
thereof, with the exception of a controlled substance or
20
metabolite thereof whose presence in the newborn infant is the
21
result of medical treatment administered to the person who
22
gave birth or the newborn infant
. A child shall not be
23
considered neglected for the sole reason that the child's
24
parent or other person responsible for the child's welfare has
25
left the child in the care of an adult relative for any period
26
of time. A child shall not be considered neglected for the sole

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1
reason that the child has been relinquished in accordance with
2
the Abandoned Newborn Infant Protection Act. A child shall not
3
be considered neglected or abused for the sole reason that
4
such child's parent or other person responsible for the
5
child's welfare depends upon spiritual means through prayer
6
alone for the treatment or cure of disease or remedial care as
7
provided under Section 4 of this Act. A child shall not be
8
considered neglected or abused solely because the child is not
9
attending school in accordance with the requirements of
10
Article 26 of The School Code, as amended.
11

"Child Protective Service Unit" means certain specialized
12
State employees of the Department assigned by the Director to
13
perform the duties and responsibilities as provided under
14
Section 7.2 of this Act.
15

"Near fatality" means an act that, as certified by a
16
physician, places the child in serious or critical condition,
17
including acts of great bodily harm inflicted upon children
18
under 13 years of age, and as otherwise defined by Department
19
rule.
20

"Great bodily harm" includes bodily injury which creates a
21
high probability of death, or which causes serious permanent
22
disfigurement, or which causes a permanent or protracted loss
23
or impairment of the function of any bodily member or organ, or
24
other serious bodily harm.
25

"Person responsible for the child's welfare" means the
26
child's parent; guardian; foster parent; relative caregiver;

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1
any person responsible for the child's welfare in a public or
2
private residential agency or institution; any person
3
responsible for the child's welfare within a public or private
4
profit or not for profit child care facility; or any other
5
person responsible for the child's welfare at the time of the
6
alleged abuse or neglect, including any person who commits or
7
allows to be committed, against the child, the offense of
8
involuntary servitude, involuntary sexual servitude of a
9
minor, or trafficking in persons for forced labor or services,
10
as provided in Section 10-9 of the Criminal Code of 2012,
11
including, but not limited to, the custodian of the minor, or
12
any person who came to know the child through an official
13
capacity or position of trust, including, but not limited to,
14
health care professionals, educational personnel, recreational
15
supervisors, members of the clergy, and volunteers or support
16
personnel in any setting where children may be subject to
17
abuse or neglect.
18

"Temporary protective custody" means custody within a
19
hospital or other medical facility or a place previously
20
designated for such custody by the Department, subject to
21
review by the Court, including a licensed foster home, group
22
home, or other institution; but such place shall not be a jail
23
or other place for the detention of criminal or juvenile
24
offenders.
25

"An unfounded report" means any report made under this Act
26
for which it is determined after an investigation that no

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1
credible evidence of abuse or neglect exists.
2

"An indicated report" means a report made under this Act
3
if an investigation determines that credible evidence of the
4
alleged abuse or neglect exists.
5

"An undetermined report" means any report made under this
6
Act in which it was not possible to initiate or complete an
7
investigation on the basis of information provided to the
8
Department.
9

"Subject of report" means any child reported to the
10
central register of child abuse and neglect established under
11
Section 7.7 of this Act as an alleged victim of child abuse or
12
neglect and the parent or guardian of the alleged victim or
13
other person responsible for the alleged victim's welfare who
14
is named in the report or added to the report as an alleged
15
perpetrator of child abuse or neglect.
16

"Perpetrator" means a person who, as a result of
17
investigation, has been determined by the Department to have
18
caused child abuse or neglect.
19

"Member of the clergy" means a clergyperson or
20
practitioner of any religious denomination accredited by the
21
religious body to which the clergyperson or practitioner
22
belongs.
23
(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
24
102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)

25

(325 ILCS 5/3.5 new)

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1

Sec. 3.5.
CAPTA notification.
The Department shall develop
2
a standardized CAPTA notification form that is separate and
3
distinct from the form for written confirmation reports of
4
child abuse or neglect as described in Section 7 of this Act. A
5
CAPTA notification shall not be treated as a report of
6
suspected child abuse or neglect under this Act. CAPTA
7
notifications shall not be recorded in the State Central
8
Registry and shall not be discoverable or admissible as
9
evidence in any proceeding pursuant to the Juvenile Court Act
10
of 1987 or the Adoption Act unless the named party waives his
11
or her right to confidentiality in writing.

12

(325 ILCS 5/5)

(from Ch. 23, par. 2055)
13

Sec. 5.
An officer of a local law enforcement agency,
14
designated employee of the Department, or a physician treating
15
a child may take or retain temporary protective custody of the
16
child without the consent of the person responsible for the
17
child's welfare, if (1) the officer of a local law enforcement
18
agency, designated employee of the Department, or a physician
19
treating a child has reason to believe that
there exists a
20
substantial and imminent risk of death, serious illness, or
21
severe personal injury to the child if he or she is not
22
immediately removed from his or her

the child cannot be cared
23
for at
home or
from

in
the custody of the person responsible
24
for the child's welfare
without endangering the child's health
25
or safety
; and (2) there is not time to apply for a court order

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1
under the Juvenile Court Act of 1987 for temporary custody of
2
the child. The person taking or retaining a child in temporary
3
protective custody shall immediately make every reasonable
4
effort to notify the person responsible for the child's
5
welfare and shall immediately notify the Department. The
6
Department shall provide to the temporary caretaker of a child
7
any information in the Department's possession concerning the
8
positive results of a test performed on the child to determine
9
the presence of the antibody or antigen to Human
10
Immunodeficiency Virus (HIV), or of HIV infection, as well as
11
any communicable diseases or communicable infections that the
12
child has. The temporary caretaker of a child shall not
13
disclose to another person any information received by the
14
temporary caretaker from the Department concerning the results
15
of a test performed on the child to determine the presence of
16
the antibody or antigen to HIV, or of HIV infection, except
17
pursuant to Section 9 of the AIDS Confidentiality Act, as now
18
or hereafter amended. The Department shall promptly initiate
19
proceedings under the Juvenile Court Act of 1987 for the
20
continued temporary custody of the child.
21

Where the physician keeping a child in the physician's
22
custody does so in the physician's capacity as a member of the
23
staff of a hospital or similar institution, the physician
24
shall notify the person in charge of the institution or the
25
designated agent of the person in charge, who shall then
26
become responsible for the further care of such child in the

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1
hospital or similar institution under the direction of the
2
Department.
3

Said care includes, but is not limited to the granting of
4
permission to perform emergency medical treatment to a minor
5
where the treatment itself does not involve a substantial risk
6
of harm to the minor and the failure to render such treatment
7
will likely result in death or permanent harm to the minor, and
8
there is not time to apply for a court order under the Juvenile
9
Court Act of 1987.
10

Any person authorized and acting in good faith in the
11
removal of a child under this Section shall have immunity from
12
any liability, civil or criminal, that might otherwise be
13
incurred or imposed as a result of such removal. Any physician
14
authorized and acting in good faith and in accordance with
15
acceptable medical practice in the treatment of a child under
16
this Section shall have immunity from any liability, civil or
17
criminal, that might otherwise be incurred or imposed as a
18
result of granting permission for emergency treatment.
19

With respect to any child taken into temporary protective
20
custody pursuant to this Section, the Department of Children
21
and Family Services Guardianship Administrator or the
22
Guardianship Administrator's designee shall be deemed the
23
child's legally authorized representative for purposes of
24
consenting to an HIV test if deemed necessary and appropriate
25
by the Department's Guardianship Administrator or the
26
Guardianship Administrator's designee and obtaining and

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1
disclosing information concerning such test pursuant to the
2
AIDS Confidentiality Act if deemed necessary and appropriate
3
by the Department's Guardianship Administrator or the
4
Guardianship Administrator's designee and for purposes of
5
consenting to the release of information pursuant to the
6
Illinois Sexually Transmitted Infection Control Act if deemed
7
necessary and appropriate by the Department's Guardianship
8
Administrator or designee.
9

Any person who administers an HIV test upon the consent of
10
the Department of Children and Family Services Guardianship
11
Administrator or the Guardianship Administrator's designee, or
12
who discloses the results of such tests to the Department's
13
Guardianship Administrator or the Guardianship Administrator's
14
designee, shall have immunity from any liability, civil,
15
criminal or otherwise, that might result by reason of such
16
actions. For the purpose of any proceedings, civil or
17
criminal, the good faith of any persons required to administer
18
or disclose the results of tests, or permitted to take such
19
actions, shall be presumed.
20
(Source: P.A. 103-22, eff. 8-8-23; 103-1049, eff. 8-9-24.)

21

(325 ILCS 5/7.3)

(from Ch. 23, par. 2057.3)
22

Sec. 7.3.
(a) The Department shall be the sole agency
23
responsible for receiving and investigating reports of child
24
abuse or neglect made under this Act, including reports of
25
adult resident abuse or neglect as defined in this Act, except

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1
where investigations by other agencies may be required with
2
respect to reports alleging the abuse or neglect of a child by
3
a person who is not the child's parent, a member of the child's
4
immediate family, a person responsible for the child's
5
welfare, an individual residing in the same home as the child,
6
or a paramour of the child's parent, the death of a child,
7
serious injury to a child or sexual abuse to a child made
8
pursuant to Sections 4.1 or 7 of this Act, and except that the
9
Department may delegate the performance of the investigation
10
to the Illinois State Police, a law enforcement agency and to
11
those private social service agencies which have been
12
designated for this purpose by the Department prior to July 1,
13
1980.
14

(b) Notwithstanding any other provision of this Act, the
15
Department shall adopt rules expressly allowing law
16
enforcement personnel to investigate reports of suspected
17
child abuse or neglect concurrently with the Department,
18
without regard to whether the Department determines a report
19
to be "indicated" or "unfounded" or deems a report to be
20
"undetermined".
21

(b-1) It shall be unlawful for any person described in
22
paragraphs (1), (2), (3), and (10) of subsection (a) of
23
Section 4 to disclose to the Department or to any law
24
enforcement agency the results of:
25

(1) any verbal screening questions concerning drug or
26

alcohol use of a pregnant or postpartum person;

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1

(2) any toxicology test administered to a person who
2

is pregnant or has given birth within the 12 weeks prior to
3

the administration of the toxicology test; or
4

(3) any toxicology test administered to a newborn.
5

A mandated reporter described in this subsection shall not
6
disclose a patient or client's confidential information
7
described under paragraphs (1), (2), or (3) to a law
8
enforcement agency or to the Department unless a law
9
enforcement agency has successfully obtained and furnished a
10
search warrant issued under Section 108-3 of the Code of
11
Criminal Procedure of 1963.
12

Any person who knowingly and willfully violates any
13
provision of this Section is guilty of a Class A misdemeanor
14
for a first violation and a Class 4 felony for a second or
15
subsequent violation.
16

(c) By June 1, 2016, the Department shall adopt rules that
17
address and set forth criteria and standards relevant to
18
investigations of reports of abuse or neglect committed by any
19
agency, as defined in Section 3 of this Act, or person working
20
for an agency responsible for the welfare of a child or adult
21
resident.
22
(Source: P.A. 101-583, eff. 1-1-20; 102-538, eff. 8-20-21.)

23

(325 ILCS 5/4.4 rep.)
24

Section 35.
The Abused and Neglected Child Reporting Act
25
is amended by repealing Section 4.4.

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1

Section 40.
The Medical Patient Rights Act is amended by
2
changing Section 3.4 and by adding Section 3.5 as follows:

3

(410 ILCS 50/3.4)
4

Sec. 3.4.
Rights of women; pregnancy and childbirth.
5

(a) In addition to any other right provided under this
6
Act, every woman has the following rights with regard to
7
pregnancy and childbirth:
8

(1) The right to receive health care before, during,
9

and after pregnancy and childbirth.
10

(2) The right to receive care for her and her infant
11

that is consistent with
WHO recommendations on newborn
12

health: guidelines approved by the WHO Guidelines Review
13

Committee (WHO reference number WHO/MCA/17.07) and WHO
14

recommendations on maternal health: guidelines approved by
15

the WHO Guidelines Review Committee (WHO reference number
16

WHO/MCA/17.10) or the successors to those WHO
17

recommendations

generally accepted medical standards
.
18

(3) The right to choose a certified nurse midwife
,
19

licensed certified professional midwife,
or physician as
20

her maternity care professional.
21

(4) The right to choose her birth setting from the
22

full range of birthing options available in her community.
23

(5) The right to leave her maternity care
provider

24

professional
and select another if she becomes

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1

dissatisfied with her care
, except as otherwise provided
2

by law
.
3

(6) The right to receive information about the names
4

of those health care professionals involved in her care.
5

(7) The right to privacy and confidentiality of
6

records
, except as provided by law
.
7

(8) The right to receive information concerning her
8

condition and proposed treatment, including methods of
9

relieving pain.
10

(9) The right to accept or refuse any treatment
, to
11

the extent medically possible
.
12

(10) The right to be informed if her caregivers wish
13

to enroll her or her infant in a research study in
14

accordance with Section 3.1 of this Act.
15

(11) The right to access her medical records in
16

accordance with Section 8-2001 of the Code of Civil
17

Procedure.
18

(12) The right to receive information in a language in
19

which she can communicate in accordance with federal law.
20

(13) The right to receive emotional and physical
21

support during labor and birth.
22

(14) The right to freedom of movement during labor and
23

to give birth in the position of her choice
, within
24

generally accepted medical standards
.
25

(15) The right to contact with her newborn
, except
26

where necessary care must be provided to the mother or

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1

infant
.
2

(16) The right to receive information about
3

breastfeeding.
4

(17) The right to decide
collaboratively with
5

caregivers
when she and her
newborn

baby
will leave the
6

birth site for home, based on their conditions and
7

circumstances.
8

(18) The right to be treated with respect at all times
9

before, during, and after pregnancy by her
and her
10

newborn's
health care professionals.
11

(19) The right of each patient, regardless of source
12

of payment, to examine and receive a reasonable
13

explanation of her total bill for services rendered by her
14

maternity care professional or health care provider,
15

including itemized charges for specific services received.
16

Each maternity care professional or health care provider
17

shall be responsible only for a reasonable explanation of
18

those specific services provided by the maternity care
19

professional or health care provider.
20

(b) The Department of Public Health, Department of
21
Healthcare and Family Services, Department of Children and
22
Family Services, and Department of Human Services shall post,
23
either by physical or electronic means, information about
24
these rights on their publicly available websites. Every
25
health care provider, day care center licensed under the Child
26
Care Act of 1969, Head Start, and community center shall post

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1
information about these rights in a prominent place and on
2
their websites, if applicable.
3

(c) The Department of Public Health shall adopt rules to
4
implement this Section.
5

(d) Nothing in this Section or any rules adopted under
6
subsection (c) shall be construed to require a physician,
7
health care professional, hospital, hospital affiliate, or
8
health care provider to provide care inconsistent with
9
generally accepted medical standards or available capabilities
10
or resources.
11
(Source: P.A. 101-445, eff. 1-1-20; 102-4, eff. 4-27-21.)

12

(410 ILCS 50/3.5 new)
13

Sec. 3.5.
Disclosure of medical information.

14

(a) Notwithstanding any other provision of law, and except
15
as otherwise provided under this subsection, a patient has the
16
right for a physician, health care provider, health services
17
corporation, or insurance company to administer any of the
18
following medical tests without disclosing the results of the
19
test to a State or local law enforcement agency or to the
20
Department of Children and Family Services:
21

(1) Any verbal screening or questioning concerning the
22

drug or alcohol use of a pregnant or postpartum person.
23

(2) Any toxicology test administered to a person who
24

is pregnant or has given birth within the previous 12
25

weeks.

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1

(3) Any toxicology test administered to a newborn.
2

A physician, health care provider, health services
3
corporation, or insurance company who administers a medical
4
test described under paragraph (1), (2), or (3) may disclose
5
the results of the test to a law enforcement agency or to the
6
Department of Children and Family Services if a law
7
enforcement agency has successfully obtained and furnished a
8
search warrant issued under Section 108-3 of the Code of
9
Criminal Procedure of 1963.
10

(b) A health care provider shall not disclose any private
11
information regarding a patient's reproductive health care to
12
any out-of-state law enforcement person or entity unless
13
disclosure of the information has been authorized pursuant to
14
a State or federal court order.
15

(c) The rights described under this Section are granted to
16
any person who is capable of becoming pregnant and who seeks
17
reproductive health care within the borders of Illinois.
18

(d) Any person who knowingly and willfully violates any
19
provision of this Section is guilty of a Class A misdemeanor
20
for a first violation and a Class 4 felony for a second or
21
subsequent violation.
22

(e) In this Section, "reproductive health care" has the
23
same meaning as provided in Section 1-10 of the Reproductive
24
Health Act.

25

Section 45.
The Illinois Health and Hazardous Substances

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1
Registry Act is amended by changing Section 3 as follows:

2

(410 ILCS 525/3)

(from Ch. 111 1/2, par. 6703)
3

Sec. 3.
For the purposes of this Act, unless the context
4
requires otherwise:
5

(a) "Department" means the Illinois Department of Public
6
Health.
7

(b) "Director" means the Director of the Illinois
8
Department of Public Health.
9

(c) (Blank).
10

(d) "Registry" means the Illinois Health and Hazardous
11
Substances Registry established by the Department of Public
12
Health under Section 6 of this Act.
13

(e) "Cancer" means all malignant neoplasms, regardless of
14
the tissue of origin, including malignant lymphoma and
15
leukemia.
16

(f) "Cancer incidence" means a medical diagnosis of
17
cancer, consisting of a record of cases of cancer and
18
specified cases of tumorous or precancerous diseases which
19
occur in Illinois, and such other information concerning these
20
cases as the Department deems necessary or appropriate in
21
order to conduct thorough and complete epidemiological surveys
22
of cancer and cancer-related diseases in Illinois.
23

(g) "Occupational disease" includes but is not limited to
24
all occupational diseases covered by the Workers' Occupational
25
Diseases Act.

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1

(h) "Hazardous substances" means a hazardous substance as
2
defined in the Environmental Protection Act.
3

(i) "Hazardous substances incident" includes but is not
4
limited to a spill, fire, or accident involving hazardous
5
substances, illegal disposal, transportation, or use of
6
hazardous substances, and complaints or permit violations
7
involving hazardous substances.
8

(j) "Company profile" includes but is not limited to the
9
name of any company operating in the State of Illinois which
10
generates, uses, disposes of or transports hazardous
11
substances, identification of the types of permits issued in
12
such company's name relating to transactions involving
13
hazardous substances, inventory of hazardous substances
14
handled by such company, and the manner in which such
15
hazardous substances are used, disposed of, or transported by
16
the company.
17

(k) "Hazardous nuclear material" means (1) any source or
18
special nuclear material intended for use or used as an energy
19
source in a production or utilization facility as defined in
20
Sec. 11.v. or 11.cc. of the federal Atomic Energy Act of 1954
21
as amended; (2) any fuel which has been discharged from such a
22
facility following irradiation, the constituent elements of
23
which have not been separated by reprocessing; or (3) any
24
by-product material resulting from operation of such a
25
facility.
26

(l) "Adverse pregnancy outcome" includes
,
but is not

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1
limited to
,
birth defects,
spontaneous fetal death after 20
2
weeks of completed gestation

fetal loss
, infant mortality, low
3
birth weight,
neonatal abstinence syndrome, newborn affected
4
by prenatal substance exposure, fetal alcohol spectrum
5
disorders,
selected life-threatening conditions, and other
6
developmental disabilities as defined by the Department.
7

(m) "News medium" means any newspaper or other periodical
8
issued at regular intervals, whether in print or electronic
9
format, and having a general circulation; a news service,
10
whether in print or electronic format; a radio station, a
11
television station; a television network; a community antenna
12
television service; and any person or corporation engaged in
13
the making of news reels or other motion picture news for
14
public showing.
15

(n) "Researcher" means an individual who is affiliated
16
with or supported by universities, academic centers, research
17
institutions, hospitals, and governmental entities who conduct
18
scientific research or investigation on human diseases.
19

(o) "Neonatal abstinence syndrome" refers to the
20
collection of signs and symptoms that occur when a newborn
21
prenatally exposed to prescribed, diverted, or illicit opiates
22
experiences opioid withdrawal. This syndrome is primarily
23
characterized by irritability, tremors, feeding problems,
24
vomiting, diarrhea, sweating, and in some cases, seizures.

25

(p) "Newborn affected by prenatal substance exposure"
26
means an infant born and identified as being affected by

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1
substance abuse or withdrawal symptoms resulting from prenatal
2
exposure to controlled substances or a fetal alcohol spectrum
3
disorder. The healthcare provider involved in the delivery or
4
care of the newborn determines whether the infant is affected
5
by prenatal substance exposure or withdrawal symptoms.

6
(Source: P.A. 103-962, eff. 1-1-25
.)

7

Section 50.
The Vital Records Act is amended by changing
8
Section 20.5 as follows:

9

(410 ILCS 535/20.5)
10

Sec. 20.5.
Certificate of birth resulting in stillbirth.
11

(a) The State Registrar shall prescribe and distribute a
12
form for a certificate of birth resulting in stillbirth. The
13
certificate shall be in the same format as a certificate of
14
live birth prepared under Section 12 and shall be filed in the
15
same manner as a certificate of live birth.
16

(b) After each fetal death that occurs in this State after
17
a gestation period of at least 20 completed weeks,
or, in cases
18
where gestational age is uncertain, where the fetus weighs at
19
least 350 grams,
the State Registrar of Vital Records shall,
20
only upon request by a parent named on the fetal death
21
certificate, prepare and issue a certificate of birth
22
resulting in stillbirth.
23

(b-5) A person who files a fetal death certificate as
24
described under subsection (b) shall notify the gestational

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1
parent of the stillborn of that parent's right to request and
2
receive a certificate of birth resulting in stillbirth under
3
subsection (b). The Department shall develop language for
4
notification under this subsection. This language shall be
5
titled and known as a "Liam's Law notice".
6

(c) If the stillborn's parent or parents do not wish to
7
provide a name for the stillborn, the person who prepares the
8
certificate of birth resulting in stillbirth shall leave blank
9
any references to the stillborn's name.
10

(d) When a stillbirth occurs in this State and the
11
stillbirth has not been registered within one year after the
12
delivery, a certificate marked "delayed" may be filed and
13
registered in accordance with regulations adopted by the State
14
Registrar. The certificate must show on its face the date of
15
registration.
16

(e) In the case of a fetal death that occurred in this
17
State after a gestation period of at least 20 completed weeks
18
or, in cases where gestational age is uncertain, where the
19
fetus weighs at least 350 grams,
and before the effective date
20
of
this amendatory Act of the 104th General Assembly

this
21
amendatory Act of the 103rd General Assembly
, a parent of the
22
stillborn child may request that the person who filed a fetal
23
death certificate in connection with that death as required
24
under Section 20 shall also prepare a certificate of birth
25
resulting in stillbirth with respect to the fetus. If a parent
26
of a stillborn makes such a request under this subsection (e),

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1
the person who filed a fetal death certificate shall prepare
2
the certificate of birth resulting in stillbirth and file it
3
with the designated registrar within 30 days after the request
4
by the parent.
5
(Source: P.A. 103-948, eff. 7-1-25
.)

6

Section 55.
The Juvenile Court Act of 1987 is amended by
7
changing Sections 2-3 and 2-18 as follows:

8

(705 ILCS 405/2-3)

(from Ch. 37, par. 802-3)
9

Sec. 2-3.
Neglected or abused minor.
10

(1) Those who are neglected include any minor under 18
11
years of age or a minor 18 years of age or older for whom the
12
court has made a finding of probable cause to believe that the
13
minor is abused, neglected, or dependent under subsection (1)
14
of Section 2-10 prior to the minor's 18th birthday:
15

(a) who is not receiving the proper or necessary
16

support, education as required by law, or medical or other
17

remedial care recognized under State law as necessary for
18

a minor's well-being, or other care necessary for the
19

minor's well-being, including adequate food, clothing, and
20

shelter, or who is abandoned by the minor's parent or
21

parents or other person or persons responsible for the
22

minor's welfare, except that a minor shall not be
23

considered neglected for the sole reason that the minor's
24

parent or parents or other person or persons responsible

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1

for the minor's welfare have left the minor in the care of
2

an adult relative for any period of time, who the parent or
3

parents or other person responsible for the minor's
4

welfare know is both a mentally capable adult relative and
5

physically capable adult relative, as defined by this Act;
6

or
7

(b) whose environment is injurious to the minor's
8

welfare; or
9

(c)
(blank); or

who is a newborn infant whose blood,
10

urine, or meconium contains any amount of a controlled
11

substance as defined in subsection (f) of Section 102 of
12

the Illinois Controlled Substances Act or a metabolite of
13

a controlled substance, with the exception of controlled
14

substances or metabolites of such substances, the presence
15

of which in the newborn infant is the result of medical
16

treatment administered to the person who gave birth or the
17

newborn infant; or
18

(d) whose parent or other person responsible for the
19

minor's welfare leaves the minor without supervision for
20

an unreasonable period of time without regard for the
21

mental or physical health, safety, or welfare of that
22

minor. Whether the minor was left without regard for the
23

mental or physical health, safety, or welfare of that
24

minor or the period of time was unreasonable shall be
25

determined by considering factors including, but not
26

limited to, the following:

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1

(1) the age of the minor;
2

(2) the number of minors left at the location;
3

(3) the special needs of the minor, including
4

whether the minor is a person with a physical or mental
5

disability or is otherwise in need of ongoing
6

prescribed medical treatment, such as periodic doses
7

of insulin or other medications;
8

(4) the duration of time in which the minor was
9

left without supervision;
10

(5) the condition and location of the place where
11

the minor was left without supervision;
12

(6) the time of day or night when the minor was
13

left without supervision;
14

(7) the weather conditions, including whether the
15

minor was left in a location with adequate protection
16

from the natural elements, such as adequate heat or
17

light;
18

(8) the location of the parent or guardian at the
19

time the minor was left without supervision and the
20

physical distance the minor was from the parent or
21

guardian at the time the minor was without
22

supervision;
23

(9) whether the minor's movement was restricted or
24

the minor was otherwise locked within a room or other
25

structure;
26

(10) whether the minor was given a phone number of

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1

a person or location to call in the event of an
2

emergency and whether the minor was capable of making
3

an emergency call;
4

(11) whether there was food and other provision
5

left for the minor;
6

(12) whether any of the conduct is attributable to
7

economic hardship or illness and the parent, guardian,
8

or other person having physical custody or control of
9

the child made a good faith effort to provide for the
10

health and safety of the minor;
11

(13) the age and physical and mental capabilities
12

of the person or persons who provided supervision for
13

the minor;
14

(14) whether the minor was left under the
15

supervision of another person;
16

(15) any other factor that would endanger the
17

health and safety of that particular minor; or
18

(e) who has been provided with interim crisis
19

intervention services under Section 3-5 of this Act and
20

whose parent, guardian, or custodian refuses to permit the
21

minor to return home unless the minor is an immediate
22

physical danger to the minor or others living in the home.
23

A minor shall not be considered neglected for the sole
24
reason that the minor has been relinquished in accordance with
25
the Abandoned Newborn Infant Protection Act.
26

(1.5) A minor shall not be considered neglected for the

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1
sole reason that the minor's parent or other person
2
responsible for the minor's welfare permits the minor to
3
engage in independent activities unless the minor was
4
permitted to engage in independent activities under
5
circumstances presenting unreasonable risk of harm to the
6
minor's mental or physical health, safety, or well-being.
7
"Independent activities" includes, but is not limited to:
8

(a) traveling to and from school, including by
9

walking, running, or bicycling;
10

(b) traveling to and from nearby commercial or
11

recreational facilities;
12

(c) engaging in outdoor play;
13

(d) remaining in a vehicle unattended, except as
14

otherwise provided by law;
15

(e) remaining at home or at a similarly appropriate
16

location unattended; or
17

(f) engaging in a similar independent activity alone
18

or with other children.
19

In determining whether an independent activity presented
20
unreasonable risk of harm, the court shall consider:
21

(1) whether the activity is accepted as suitable for
22

minors of the same age, maturity level, and developmental
23

capacity as the involved minor;
24

(2) the factors listed in items (1) through (15) of
25

paragraph (d) of subsection (1); and
26

(3) any other factor the court deems relevant.

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1

(2) Those who are abused include any minor under 18 years
2
of age or a minor 18 years of age or older for whom the court
3
has made a finding of probable cause to believe that the minor
4
is abused, neglected, or dependent under subsection (1) of
5
Section 2-10 prior to the minor's 18th birthday whose parent
6
or immediate family member, or any person responsible for the
7
minor's welfare, or any person who is in the same family or
8
household as the minor, or any individual residing in the same
9
home as the minor, or a paramour of the minor's parent:
10

(i) inflicts, causes to be inflicted, or allows to be
11

inflicted upon such minor physical injury, by other than
12

accidental means, which causes death, disfigurement,
13

impairment of physical or emotional health, or loss or
14

impairment of any bodily function;
15

(ii) creates a substantial risk of physical injury to
16

such minor by other than accidental means which would be
17

likely to cause death, disfigurement, impairment of
18

emotional health, or loss or impairment of any bodily
19

function;
20

(iii) commits or allows to be committed any sex
21

offense against such minor, as such sex offenses are
22

defined in the Criminal Code of 1961 or the Criminal Code
23

of 2012, or in the Wrongs to Children Act, and extending
24

those definitions of sex offenses to include minors under
25

18 years of age;
26

(iv) commits or allows to be committed an act or acts

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1

of torture upon such minor;
2

(v) inflicts excessive corporal punishment;
3

(vi) commits or allows to be committed the offense of
4

involuntary servitude, involuntary sexual servitude of a
5

minor, or trafficking in persons as defined in Section
6

10-9 of the Criminal Code of 1961 or the Criminal Code of
7

2012, upon such minor; or
8

(vii) allows, encourages, or requires a minor to
9

commit any act of prostitution, as defined in the Criminal
10

Code of 1961 or the Criminal Code of 2012, and extending
11

those definitions to include minors under 18 years of age.
12

A minor shall not be considered abused for the sole reason
13
that the minor has been relinquished in accordance with the
14
Abandoned Newborn Infant Protection Act.
15

(3) This Section does not apply to a minor who would be
16
included herein solely for the purpose of qualifying for
17
financial assistance for the minor or the minor's parents,
18
guardian, or custodian.
19

(4) The changes made by Public Act 101-79 apply to a case
20
that is pending on or after July 12, 2019 (the effective date
21
of Public Act 101-79).
22
(Source: P.A. 103-22, eff. 8-8-23; 103-233, eff. 6-30-23;
23
103-605, eff. 7-1-24.)

24

(705 ILCS 405/2-18)

(from Ch. 37, par. 802-18)
25

Sec. 2-18.
Evidence.

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1

(1) At the adjudicatory hearing, the court shall first
2
consider only the question whether the minor is abused,
3
neglected or dependent. The standard of proof and the rules of
4
evidence in the nature of civil proceedings in this State are
5
applicable to proceedings under this Article. If the petition
6
also seeks the appointment of a guardian of the person with
7
power to consent to adoption of the minor under Section 2-29,
8
the court may also consider legally admissible evidence at the
9
adjudicatory hearing that one or more grounds of unfitness
10
exists under subdivision D of Section 1 of the Adoption Act.
11

(2) In any hearing under this Act, the following shall
12
constitute prima facie evidence of abuse or neglect, as the
13
case may be:
14

(a) proof that a minor has a medical diagnosis of
15

battered-child

battered child
syndrome is prima facie
16

evidence of abuse;
17

(b)
(blank);

proof that a minor has a medical
18

diagnosis of failure to thrive syndrome is prima facie
19

evidence of neglect;
20

(c)
(blank);

proof that a minor has a medical
21

diagnosis of fetal alcohol syndrome is prima facie
22

evidence of neglect;
23

(d)
(blank);

proof that a minor has a medical
24

diagnosis at birth of withdrawal symptoms from narcotics
25

or barbiturates is prima facie evidence of neglect;
26

(e) proof of injuries sustained by a minor or of the

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1

condition of a minor of such a nature as would ordinarily
2

not be sustained or exist except by reason of the acts or
3

omissions of the parent, custodian or guardian of such
4

minor shall be prima facie evidence of abuse or neglect,
5

as the case may be;
6

(f) proof that a parent, custodian or guardian of a
7

minor repeatedly used a drug, to the extent that it has or
8

would ordinarily have the effect of producing in the user
9

a substantial state of stupor, unconsciousness,
10

intoxication, hallucination, disorientation or
11

incompetence, or a substantial impairment of judgment, or
12

a substantial manifestation of irrationality, shall be
13

prima facie evidence of neglect;
14

(g)
(blank);

proof that a parent, custodian, or
15

guardian of a minor repeatedly used a controlled
16

substance, as defined in subsection (f) of Section 102 of
17

the Illinois Controlled Substances Act, in the presence of
18

the minor or a sibling of the minor is prima facie evidence
19

of neglect. "Repeated use", for the purpose of this
20

subsection, means more than one use of a controlled
21

substance as defined in subsection (f) of Section 102 of
22

the Illinois Controlled Substances Act;
23

(h)
(blank);

proof that a newborn infant's blood,
24

urine, or meconium contains any amount of a controlled
25

substance as defined in subsection (f) of Section 102 of
26

the Illinois Controlled Substances Act, or a metabolite of

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1

a controlled substance, with the exception of controlled
2

substances or metabolites of those substances, the
3

presence of which is the result of medical treatment
4

administered to the mother or the newborn, is prime facie
5

evidence of neglect;
6

(i) proof that a minor was present in a structure or
7

vehicle in which the minor's parent, custodian, or
8

guardian was involved in the manufacture of
9

methamphetamine constitutes prima facie evidence of abuse
10

and neglect;
11

(j) proof that a parent, custodian, or guardian of a
12

minor allows, encourages, or requires a minor to perform,
13

offer, or agree to perform any act of sexual penetration
14

as defined in Section 11-0.1 of the Criminal Code of 2012
15

for any money, property, token, object, or article or
16

anything of value, or any touching or fondling of the sex
17

organs of one person by another person, for any money,
18

property, token, object, or article or anything of value,
19

for the purpose of sexual arousal or gratification,
20

constitutes prima facie evidence of abuse and neglect;
21

(k) proof that a parent, custodian, or guardian of a
22

minor commits or allows to be committed the offense of
23

involuntary servitude, involuntary sexual servitude of a
24

minor, or trafficking in persons as defined in Section
25

10-9 of the Criminal Code of 1961 or the Criminal Code of
26

2012, upon such minor, constitutes prima facie evidence of

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1

abuse and neglect.
2

(3) In any hearing under this Act, proof of the abuse,
3
neglect or dependency of one minor shall be admissible
4
evidence on the issue of the abuse, neglect or dependency of
5
any other minor for whom the respondent is responsible.
6

(4) (a) Any writing, record, photograph or x-ray of any
7
hospital or public or private agency, whether in the form of an
8
entry in a book or otherwise, made as a memorandum or record of
9
any condition, act, transaction, occurrence or event relating
10
to a minor in an abuse, neglect or dependency proceeding,
11
shall be admissible in evidence as proof of that condition,
12
act, transaction, occurrence or event, if the court finds that
13
the document was made in the regular course of the business of
14
the hospital or agency at the time of the act, transaction,
15
occurrence or event, or within a reasonable time thereafter. A
16
certification by the head or responsible employee or agent of
17
the hospital or agency having knowledge of the creation and
18
maintenance of or of the matters stated in the writing,
19
record, photograph or x-ray attesting that the document is the
20
full and complete record of the condition, act, transaction,
21
occurrence or event and that it satisfies the conditions of
22
this paragraph shall be prima facie evidence of the facts
23
contained in such certification. All other circumstances of
24
the making of the memorandum, record, photograph or x-ray,
25
including lack of personal knowledge of the maker, may be
26
proved to affect the weight to be accorded such evidence, but

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1
shall not affect its admissibility.
2

(b) Any indicated report filed pursuant to the Abused and
3
Neglected Child Reporting Act shall be admissible in evidence.
4

(c) Previous statements made by the minor relating to any
5
allegations of abuse or neglect shall be admissible in
6
evidence. However, no such statement, if uncorroborated and
7
not subject to cross-examination, shall be sufficient in
8
itself to support a finding of abuse or neglect.
9

(d) There shall be a rebuttable presumption that a minor
10
is competent to testify in abuse or neglect proceedings. The
11
court shall determine how much weight to give to the minor's
12
testimony, and may allow the minor to testify in chambers with
13
only the court, the court reporter and attorneys for the
14
parties present.
15

(e) The privileged character of communication between any
16
professional person and patient or client, except privilege
17
between attorney and client, shall not apply to proceedings
18
subject to this Article.
19

(f) Proof of the impairment of emotional health or
20
impairment of mental or emotional condition as a result of the
21
failure of the respondent to exercise a minimum degree of care
22
toward a minor may include competent opinion or expert
23
testimony, and may include proof that such impairment lessened
24
during a period when the minor was in the care, custody or
25
supervision of a person or agency other than the respondent.
26

(5) In any hearing under this Act alleging neglect for

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1
failure to provide education as required by law under
2
subsection (1) of Section 2-3, proof that a minor under 13
3
years of age who is subject to compulsory school attendance
4
under the School Code is a chronic truant as defined under the
5
School Code shall be prima facie evidence of neglect by the
6
parent or guardian in any hearing under this Act and proof that
7
a minor who is 13 years of age or older who is subject to
8
compulsory school attendance under the School Code is a
9
chronic truant shall raise a rebuttable presumption of neglect
10
by the parent or guardian. This subsection (5) shall not apply
11
in counties with 2,000,000 or more inhabitants.
12

(6) In any hearing under this Act, the court may take
13
judicial notice of prior sworn testimony or evidence admitted
14
in prior proceedings involving the same minor if (a) the
15
parties were either represented by counsel at such prior
16
proceedings or the right to counsel was knowingly waived and
17
(b) the taking of judicial notice would not result in
18
admitting hearsay evidence at a hearing where it would
19
otherwise be prohibited.
20
(Source: P.A. 103-124, eff. 1-1-24
.)

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1

INDEX

2

Statutes amended in order of appearance

3

20 ILCS 301/35-15 new
4

110 ILCS 932/10
5

210 ILCS 85/11.11 new
6

210 ILCS 170/5
7

210 ILCS 170/65 new
8

225 ILCS 64/85
9

325 ILCS 5/3
from Ch. 23, par. 2053
10

325 ILCS 5/3.5 new
11

325 ILCS 5/5
from Ch. 23, par. 2055
12

325 ILCS 5/7.3
from Ch. 23, par. 2057.3
13

325 ILCS 5/4.4 rep.
14

410 ILCS 50/3.4
15

410 ILCS 50/3.5 new
16

410 ILCS 525/3
from Ch. 111 1/2, par. 6703
17

410 ILCS 535/20.5
18

705 ILCS 405/2-3
from Ch. 37, par. 802-3
19

705 ILCS 405/2-18
from Ch. 37, par. 802-18

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