Text of IL HB 4876 (2024)

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4876 Introduced , by Rep. Anne Stava-Murray SYNOPSIS AS INTRODUCED: 325 ILCS 5/3 from Ch. 23, par. 2053 410 ILCS 210/1.5 Amends the Abused and Neglected Child Reporting Act. Provides that "abused child" means a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent denies the child access to necessary medical care, including, but not limited to, primary care services, abortion services, or gender-affirming services. Amends the Consent by Minors to Health Care Services Act. Specifies that consent to the performance of abortion services and gender-affirming services executed by a minor is not voidable because of such minority. Provides that a health care professional rendering abortion services and gender-affirming services shall not incur civil or criminal liability for failure to obtain valid consent or professional discipline for failure to obtain valid consent if the health care professional relied in good faith on representations made by the minor. LRB103 37486 CES 67609 b A BILL FOR HB4876LRB103 37486 CES 67609 b 1 AN ACT concerning health. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 5. The Abused and Neglected Child Reporting Act is 5amended by changing Section 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 8requires: 9 "Adult resident" means any person between 18 and 22 years 10of age who resides in any facility licensed by the Department 11under the Child Care Act of 1969. For purposes of this Act, the 12criteria set forth in the definitions of "abused child" and 13"neglected child" shall be used in determining whether an 14adult resident is abused or neglected. 15 "Agency" means a child care facility licensed under 16Section 2.05 or Section 2.06 of the Child Care Act of 1969 and 17includes a transitional living program that accepts children 18and adult residents for placement who are in the guardianship 19of the Department. 20 "Blatant disregard" means an incident where the real, 21significant, and imminent risk of harm would be so obvious to a 22reasonable parent or caretaker that it is unlikely that a 23reasonable parent or caretaker would have exposed the child to HB4876- 2 -LRB103 37486 CES 67609 b 1the danger without exercising precautionary measures to 2protect the child from harm. With respect to a person working 3at an agency in the person's professional capacity with a 4child or adult resident, "blatant disregard" includes a 5failure by the person to perform job responsibilities intended 6to protect the child's or adult resident's health, physical 7well-being, or welfare, and, when viewed in light of the 8surrounding circumstances, evidence exists that would cause a 9reasonable person to believe that the child was neglected. 10With respect to an agency, "blatant disregard" includes a 11failure to implement practices that ensure the health, 12physical well-being, or welfare of the children and adult 13residents residing in the facility. 14 "Child" means any person under the age of 18 years, unless 15legally emancipated by reason of marriage or entry into a 16branch of the United States armed services. 17 "Department" means Department of Children and Family 18Services. 19 "Local law enforcement agency" means the police of a city, 20town, village or other incorporated area or the sheriff of an 21unincorporated area or any sworn officer of the Illinois State 22Police. 23 "Abused child" means a child whose parent or immediate 24family member, or any person responsible for the child's 25welfare, or any individual residing in the same home as the 26child, or a paramour of the child's parent: HB4876- 3 -LRB103 37486 CES 67609 b 1 (a) inflicts, causes to be inflicted, or allows to be 2 inflicted upon such child physical injury, by other than 3 accidental means, which causes death, disfigurement, 4 impairment of physical or emotional health, or loss or 5 impairment of any bodily function; 6 (b) creates a substantial risk of physical injury to 7 such child by other than accidental means which would be 8 likely to cause death, disfigurement, impairment of 9 physical or emotional health, or loss or impairment of any 10 bodily function; 11 (c) commits or allows to be committed any sex offense 12 against such child, as such sex offenses are defined in 13 the Criminal Code of 2012 or in the Wrongs to Children Act, 14 and extending those definitions of sex offenses to include 15 children under 18 years of age; 16 (d) commits or allows to be committed an act or acts of 17 torture upon such child; 18 (e) inflicts excessive corporal punishment or, in the 19 case of a person working for an agency who is prohibited 20 from using corporal punishment, inflicts corporal 21 punishment upon a child or adult resident with whom the 22 person is working in the person's professional capacity; 23 (f) commits or allows to be committed the offense of 24 female genital mutilation, as defined in Section 12-34 of 25 the Criminal Code of 2012, against the child; 26 (g) causes to be sold, transferred, distributed, or HB4876- 4 -LRB103 37486 CES 67609 b 1 given to such child under 18 years of age, a controlled 2 substance as defined in Section 102 of the Illinois 3 Controlled Substances Act in violation of Article IV of 4 the Illinois Controlled Substances Act or in violation of 5 the Methamphetamine Control and Community Protection Act, 6 except for controlled substances that are prescribed in 7 accordance with Article III of the Illinois Controlled 8 Substances Act and are dispensed to such child in a manner 9 that substantially complies with the prescription; 10 (h) commits or allows to be committed the offense of 11 involuntary servitude, involuntary sexual servitude of a 12 minor, or trafficking in persons as defined in Section 13 10-9 of the Criminal Code of 2012 against the child; or 14 (i) commits the offense of grooming, as defined in 15 Section 11-25 of the Criminal Code of 2012, against the 16 child; or . 17 (j) denies the child access to necessary medical care, 18 including, but not limited to: 19 (1) primary care services, as defined in Section 20 1.5 of the Consent by Minors to Health Care Services 21 Act; 22 (2) abortion services, as defined in Section 1-10 23 of the Reproductive Health Act; or 24 (3) gender-affirming services, as defined in 25 Section 1-10 of the Reproductive Health Act. 26 A child shall not be considered abused for the sole reason HB4876- 5 -LRB103 37486 CES 67609 b 1that the child has been relinquished in accordance with the 2Abandoned Newborn Infant Protection Act. 3 "Neglected child" means any child who is not receiving the 4proper or necessary nourishment or medically indicated 5treatment including food or care not provided solely on the 6basis of the present or anticipated mental or physical 7impairment as determined by a physician acting alone or in 8consultation with other physicians or otherwise is not 9receiving the proper or necessary support or medical or other 10remedial care recognized under State law as necessary for a 11child's well-being, or other care necessary for the child's 12well-being, including adequate food, clothing and shelter; or 13who is subjected to an environment which is injurious insofar 14as (i) the child's environment creates a likelihood of harm to 15the child's health, physical well-being, or welfare and (ii) 16the likely harm to the child is the result of a blatant 17disregard of parent, caretaker, person responsible for the 18child's welfare, or agency responsibilities; or who is 19abandoned by the child's parents or other person responsible 20for the child's welfare without a proper plan of care; or who 21has been provided with interim crisis intervention services 22under Section 3-5 of the Juvenile Court Act of 1987 and whose 23parent, guardian, or custodian refuses to permit the child to 24return home and no other living arrangement agreeable to the 25parent, guardian, or custodian can be made, and the parent, 26guardian, or custodian has not made any other appropriate HB4876- 6 -LRB103 37486 CES 67609 b 1living arrangement for the child; or who is a newborn infant 2whose blood, urine, or meconium contains any amount of a 3controlled substance as defined in subsection (f) of Section 4102 of the Illinois Controlled Substances Act or a metabolite 5thereof, with the exception of a controlled substance or 6metabolite thereof whose presence in the newborn infant is the 7result of medical treatment administered to the person who 8gave birth or the newborn infant. A child shall not be 9considered neglected for the sole reason that the child's 10parent or other person responsible for the child's welfare has 11left the child in the care of an adult relative for any period 12of time. A child shall not be considered neglected for the sole 13reason that the child has been relinquished in accordance with 14the Abandoned Newborn Infant Protection Act. A child shall not 15be considered neglected or abused for the sole reason that 16such child's parent or other person responsible for the 17child's welfare depends upon spiritual means through prayer 18alone for the treatment or cure of disease or remedial care as 19provided under Section 4 of this Act. A child shall not be 20considered neglected or abused solely because the child is not 21attending school in accordance with the requirements of 22Article 26 of The School Code, as amended. 23 "Child Protective Service Unit" means certain specialized 24State employees of the Department assigned by the Director to 25perform the duties and responsibilities as provided under 26Section 7.2 of this Act. HB4876- 7 -LRB103 37486 CES 67609 b 1 "Near fatality" means an act that, as certified by a 2physician, places the child in serious or critical condition, 3including acts of great bodily harm inflicted upon children 4under 13 years of age, and as otherwise defined by Department 5rule. 6 "Great bodily harm" includes bodily injury which creates a 7high probability of death, or which causes serious permanent 8disfigurement, or which causes a permanent or protracted loss 9or impairment of the function of any bodily member or organ, or 10other serious bodily harm. 11 "Person responsible for the child's welfare" means the 12child's parent; guardian; foster parent; relative caregiver; 13any person responsible for the child's welfare in a public or 14private residential agency or institution; any person 15responsible for the child's welfare within a public or private 16profit or not for profit child care facility; or any other 17person responsible for the child's welfare at the time of the 18alleged abuse or neglect, including any person who commits or 19allows to be committed, against the child, the offense of 20involuntary servitude, involuntary sexual servitude of a 21minor, or trafficking in persons for forced labor or services, 22as provided in Section 10-9 of the Criminal Code of 2012, 23including, but not limited to, the custodian of the minor, or 24any person who came to know the child through an official 25capacity or position of trust, including, but not limited to, 26health care professionals, educational personnel, recreational HB4876- 8 -LRB103 37486 CES 67609 b 1supervisors, members of the clergy, and volunteers or support 2personnel in any setting where children may be subject to 3abuse or neglect. 4 "Temporary protective custody" means custody within a 5hospital or other medical facility or a place previously 6designated for such custody by the Department, subject to 7review by the Court, including a licensed foster home, group 8home, or other institution; but such place shall not be a jail 9or other place for the detention of criminal or juvenile 10offenders. 11 "An unfounded report" means any report made under this Act 12for which it is determined after an investigation that no 13credible evidence of abuse or neglect exists. 14 "An indicated report" means a report made under this Act 15if an investigation determines that credible evidence of the 16alleged abuse or neglect exists. 17 "An undetermined report" means any report made under this 18Act in which it was not possible to initiate or complete an 19investigation on the basis of information provided to the 20Department. 21 "Subject of report" means any child reported to the 22central register of child abuse and neglect established under 23Section 7.7 of this Act as an alleged victim of child abuse or 24neglect and the parent or guardian of the alleged victim or 25other person responsible for the alleged victim's welfare who 26is named in the report or added to the report as an alleged HB4876- 9 -LRB103 37486 CES 67609 b 1perpetrator of child abuse or neglect. 2 "Perpetrator" means a person who, as a result of 3investigation, has been determined by the Department to have 4caused child abuse or neglect. 5 "Member of the clergy" means a clergyperson or 6practitioner of any religious denomination accredited by the 7religious body to which the clergyperson or practitioner 8belongs. 9(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21; 10102-813, eff. 5-13-22; 103-22, eff. 8-8-23.) 11 Section 10. The Consent by Minors to Health Care Services 12Act is amended by changing Section 1.5 as follows: 13 (410 ILCS 210/1.5) 14 Sec. 1.5. Consent by minor seeking care for limited 15primary care services. 16 (a) The consent to the performance of primary care 17services, abortion services, and gender-affirming services by 18a physician licensed to practice medicine in all its branches, 19a licensed advanced practice registered nurse, a licensed 20physician assistant, a chiropractic physician, or a licensed 21optometrist executed by a minor seeking care is not voidable 22because of such minority, and for such purpose, a minor 23seeking care is deemed to have the same legal capacity to act 24and has the same powers and obligations as has a person of HB4876- 10 -LRB103 37486 CES 67609 b 1legal age if under the following circumstances: (1) the health 2care professional reasonably believes that the minor seeking 3care understands the benefits and risks of any proposed 4primary care or services. ; and 5 (2) the minor seeking care is identified in writing as 6 a minor seeking care by: 7 (A) an adult relative; 8 (B) a representative of a homeless service agency 9 that receives federal, State, county, or municipal 10 funding to provide those services or that is otherwise 11 sanctioned by a local continuum of care; 12 (C) an attorney licensed to practice law in this 13 State; 14 (D) a public school homeless liaison or school 15 social worker; 16 (E) a social service agency providing services to 17 at risk, homeless, or runaway youth; or 18 (F) a representative of a religious organization. 19 (b) A health care professional rendering primary care 20services, abortion services, and gender-affirming services, 21under this Section shall not incur civil or criminal liability 22for failure to obtain valid consent or professional discipline 23for failure to obtain valid consent if he or she relied in good 24faith on the representations made by the minor or the 25information provided under paragraph (2) of subsection (a) of 26this Section. Under such circumstances, good faith shall be HB4876- 11 -LRB103 37486 CES 67609 b 1presumed. 2 (c) The confidential nature of any communication between a 3health care professional described in Section 1 of this Act 4and a minor seeking care is not waived (1) by the presence, at 5the time of communication, of any additional persons present 6at the request of the minor seeking care, (2) by the health 7care professional's disclosure of confidential information to 8the additional person with the consent of the minor seeking 9care, when reasonably necessary to accomplish the purpose for 10which the additional person is consulted, or (3) by the health 11care professional billing a health benefit insurance or plan 12under which the minor seeking care is insured, is enrolled, or 13has coverage for the services provided. 14 (d) Nothing in this Section shall be construed to limit or 15expand a minor's existing powers and obligations under any 16federal, State, or local law. Nothing in this Section affects 17the right or authority of a parent or legal guardian to 18verbally, in writing, or otherwise authorize health care 19services to be provided for a minor in their absence. 20 (e) For the purposes of this Section: 21 "Abortion services" has the meaning given in Section 1-10 22of the Reproductive Health Act. 23 "Gender-affirming services" has the meaning given in 24Section 1-10 of the Reproductive Health Act. 25 "Minor seeking care" means a person at least 14 years of 26age but less than 18 years of age who is living separate and HB4876- 12 -LRB103 37486 CES 67609 b