DCFS-ABUSED CHILD-GROOMING

Full Bill Text

HB4534 Enrolled LRB104 16801 KTG 30210 b 1 AN ACT concerning children. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing Sections 5 22-85.5, 22-94, and 27-215 as follows: 6 (105 ILCS 5/22-85.5) 7 Sec. 22-85.5. Sexual misconduct in schools. 8 (a) This Section applies beginning on July 1, 2022. 9 (b) The General Assembly finds that: 10 (1) the success of students in school relies on safe 11 learning environments and healthy relationships with 12 school personnel; 13 (2) it is important for staff to maintain a 14 professional relationship with students at all times and 15 to define staff-student boundaries to protect students 16 from sexual misconduct by staff and staff from the 17 appearance of impropriety; 18 (3) many breaches of staff-student boundaries do not 19 rise to the level of criminal behavior but do pose a 20 potential risk to student safety; 21 (4) repeated violations of staff-student boundaries 22 can indicate the grooming of a student for sexual abuse; 23 (5) it is necessary to uphold the State Board of HB4534 Enrolled - 2 - LRB104 16801 KTG 30210 b 1 Education's Code of Ethics for Illinois Educators and for 2 each school district, charter school, or nonpublic school 3 to have an employee code of professional conduct policy; 4 (6) each school district, charter school, or nonpublic 5 school must have the ability to discipline educators for 6 breaches of its employee code of professional conduct 7 policy; 8 (7) each school district, charter school, or nonpublic 9 school must have the ability to know if any of its 10 educators have violated professional staff-student 11 boundaries in previous employment; and 12 (8) as bystanders, educators may have knowledge of 13 concerning behaviors that no one else is aware of, so they 14 need adequate training on sexual abuse, the employee code 15 of professional conduct policy, and federal and State 16 reporting requirements. 17 (c) In this Section, "sexual misconduct" means any act, 18 including, but not limited to, any verbal, nonverbal, written, 19 or electronic communication or physical activity, by an 20 employee or agent of the school district, charter school, or 21 nonpublic school with direct contact with a student that is 22 directed toward or with a student to establish a romantic or 23 sexual relationship with the student. Such an act includes, 24 but is not limited to, any of the following: 25 (1) A sexual or romantic invitation. 26 (2) Dating or soliciting a date. HB4534 Enrolled - 3 - LRB104 16801 KTG 30210 b 1 (3) Engaging in sexualized or romantic dialog. 2 (4) Making sexually suggestive comments that are 3 directed toward or with a student. 4 (5) Self-disclosure or physical exposure of a sexual, 5 romantic, or erotic nature. 6 (6) A sexual, indecent, romantic, or erotic contact 7 with the student. 8 (d) To prevent sexual misconduct with students, each 9 school district, charter school, or nonpublic school shall 10 develop an employee code of professional conduct policy that 11 addresses all of the following: 12 (1) Incorporates the Code of Ethics for Illinois 13 Educators. 14 (2) Incorporates the definition of "sexual misconduct" 15 in this Section. 16 (3) Identifies the expectations for employees and 17 agents of the school district, charter school, or 18 nonpublic school regarding how to maintain a professional 19 relationship with students, including the expectations for 20 staff-student boundaries, recognizing the age and 21 developmental level of the students served, and 22 establishes guidelines for all of the following 23 situations: 24 (A) Transporting a student. 25 (B) Taking or possessing a photo or a video of a 26 student. HB4534 Enrolled - 4 - LRB104 16801 KTG 30210 b 1 (C) Meeting with a student or contacting a student 2 outside of the employee's or agent's professional 3 role. 4 (4) References the employee reporting requirements 5 required under the Abused and Neglected Child Reporting 6 Act and under Title IX of the federal Education Amendments 7 of 1972. 8 (5) References required employee training that is 9 related to child abuse and educator ethics that are 10 applicable under State and federal law. 11 (e) The employee code of professional conduct policy , 12 guidelines established for all of the situations identified in 13 paragraph (3) of subsection (d), and all available methods for 14 how to report staff-student boundary violations within a 15 school and to external agencies must be posted on the website, 16 if any, of each school district, charter school, or nonpublic 17 school and must be included in any staff, student, and or 18 parent handbook provided by the school district, charter 19 school, or nonpublic , nonsectarian elementary or secondary 20 school. 21 (f) A violation of the employee code of professional 22 conduct policy may subject an employee to disciplinary action 23 up to and including dismissal from employment. Failure to 24 report a violation of the employee code of professional 25 conduct policy may subject an employee to disciplinary action 26 up to and including dismissal from employment. HB4534 Enrolled - 5 - LRB104 16801 KTG 30210 b 1 (Source: P.A. 102-676, eff. 12-3-21.) 2 (105 ILCS 5/22-94) 3 Sec. 22-94. Employment history review. 4 (a) This Section applies to all permanent and temporary 5 positions for employment with a school or a contractor of a 6 school involving direct contact with children or students. 7 (b) In this Section: 8 "Contractor" means firms holding contracts with any 9 school , including, but not limited to, food service workers, 10 school bus drivers , and other transportation employees, who 11 have direct contact with children or students. 12 "Direct contact with children or students" means the 13 possibility of care, supervision, guidance, or control of 14 children or students or routine interaction with children or 15 students. 16 "School" means a public or nonpublic elementary or 17 secondary school. 18 "Sexual misconduct" has the meaning ascribed to it in 19 subsection (c) of Section 22-85.5 of this Code. 20 (c) Prior to hiring an applicant to work directly with 21 children or students, a school or contractor must ensure that 22 the following criteria are met: 23 (1) the school or contractor has no knowledge or 24 information pertaining to the applicant that would 25 disqualify the applicant from employment; HB4534 Enrolled - 6 - LRB104 16801 KTG 30210 b 1 (2) the applicant swears or affirms that the applicant 2 is not disqualified from employment; 3 (3) using the template developed by the State Board of 4 Education, the applicant provides all of the following: 5 (A) a list, including the name, address, telephone 6 number, and other relevant contact information of the 7 following: 8 (i) the applicant's current employer if the 9 applicant has direct contact with children or 10 students at the applicant's current employer ; 11 (ii) all former employers of the applicant 12 that were schools or school contractors, as well 13 as all former employers at which the applicant had 14 direct contact with children or students; 15 (B) A written authorization that consents to and 16 authorizes disclosure by the applicant's current and 17 former employers under subparagraph (A) of this 18 paragraph (3) of the information requested under 19 paragraph (4) of this subsection (c) and the release 20 of related records and that releases those employers 21 from any liability that may arise from such disclosure 22 or release of records pursuant to subsection (e). 23 (C) A written statement of whether the applicant: 24 (i) has been the subject of a sexual 25 misconduct allegation, unless a subsequent 26 investigation resulted in a finding that the HB4534 Enrolled - 7 - LRB104 16801 KTG 30210 b 1 allegation was false, unfounded, or 2 unsubstantiated; 3 (ii) has ever been discharged from, been asked 4 to resign from, resigned from, or otherwise been 5 separated from any employment, has ever been 6 disciplined by an employer, or has ever had an 7 employment contract not renewed due to an 8 adjudication or finding of sexual misconduct or 9 while an allegation of sexual misconduct was 10 pending or under investigation, unless the 11 investigation resulted in a finding that the 12 allegation was false, unfounded, or 13 unsubstantiated; or 14 (iii) has ever had a license or certificate 15 suspended, surrendered, or revoked or had an 16 application for licensure, approval, or 17 endorsement denied due to an adjudication or 18 finding of sexual misconduct or while an 19 allegation of sexual misconduct was pending or 20 under investigation, unless the investigation 21 resulted in a finding that the allegation was 22 false, unfounded, or unsubstantiated. 23 (4) The school , or contractor , or regional office of 24 education or intermediate service center on behalf of a 25 school district, pursuant to paragraph (1.5) of subsection 26 (i), shall initiate a review of the employment history of HB4534 Enrolled - 8 - LRB104 16801 KTG 30210 b 1 the applicant by contacting those employers listed by the 2 applicant under subparagraph (A) of paragraph (3) of this 3 subsection (c) and, using the template developed by the 4 State Board of Education, request all of the following 5 information: 6 (A) the dates of employment of the applicant; 7 (B) a statement as to whether the applicant: 8 (i) has been the subject of a sexual 9 misconduct allegation, unless a subsequent 10 investigation resulted in a finding that the 11 allegation was false, unfounded, or 12 unsubstantiated; 13 (ii) was discharged from, was asked to resign 14 from, resigned from, or was otherwise separated 15 from any employment, was disciplined by the 16 employer, or had an employment contract not 17 renewed due to an adjudication or finding of 18 sexual misconduct or while an allegation of sexual 19 misconduct was pending or under investigation, 20 unless the investigation resulted in a finding 21 that the allegation was false, unfounded, or 22 unsubstantiated; or 23 (iii) has ever had a license or certificate 24 suspended, surrendered, or revoked due to an 25 adjudication or finding of sexual misconduct or 26 while an allegation of sexual misconduct was HB4534 Enrolled - 9 - LRB104 16801 KTG 30210 b 1 pending or under investigation, unless the 2 investigation resulted in a finding that the 3 allegation was false, unfounded, or 4 unsubstantiated. 5 (C) The template shall include the following 6 option: if the employer does not have records or 7 evidence regarding the questions in items (i) through 8 (iii) of subparagraph (B) of paragraph (4) of this 9 subsection (c), the employer may state that there is 10 no knowledge of information pertaining to the 11 applicant that would disqualify the applicant from 12 employment. 13 (5) For applicants licensed by the State Board of 14 Education, the school district, charter school, or 15 nonpublic school shall verify the applicant's reported 16 previous employers with previous employers in the State 17 Board of Education's educator licensure database to ensure 18 accuracy. 19 (d) An applicant who provides false information or 20 willfully fails to disclose information required in subsection 21 (c) shall be subject to discipline, up to and including 22 termination or denial of employment. 23 (e) No later than 20 days after receiving a request for 24 information required under paragraph (4) of subsection (c), an 25 employer who has or had an employment relationship with the 26 applicant shall disclose the information requested. If the HB4534 Enrolled - 10 - LRB104 16801 KTG 30210 b 1 employer has an office of human resources or a central office, 2 information shall be provided by that office. The employer who 3 has or had an employment relationship with the applicant shall 4 disclose the information on the template developed by the 5 State Board of Education. For any affirmative response to 6 items (i) through (iii) of subparagraph (B) of paragraph (4) 7 of or subsection (c), the employer who has or had an employment 8 relationship with the applicant shall provide additional 9 information about the matters disclosed and all related 10 records. 11 A school shall complete the template at time of separation 12 from employment, or at the request of the employee, and 13 maintain it as part of the employee's personnel file. If the 14 school completes an investigation after an employee's 15 separation from employment, the school shall update the 16 information accordingly. 17 Information received under this Section shall not be 18 deemed a public record. 19 A school or contractor who receives information under this 20 subsection (e) may use the information for the purpose of 21 evaluating an applicant's fitness to be hired or for continued 22 employment and may report the information, as appropriate, to 23 the State Board of Education, a State licensing agency, a law 24 enforcement agency, a child protective services agency, 25 another school or contractor, or a prospective employer. 26 An employer, school, school administrator, regional office HB4534 Enrolled - 11 - LRB104 16801 KTG 30210 b 1 of education or intermediate service center, or contractor who 2 provides information or records about a current or former 3 employee or applicant under this Section is immune from 4 criminal and civil liability for the disclosure of the 5 information or records, unless the information or records 6 provided were knowingly false. This immunity shall be in 7 addition to and not a limitation on any other immunity 8 provided by law or any absolute or conditional privileges 9 applicable to the disclosure by virtue of the circumstances or 10 the applicant's consent to the disclosure and shall extend 11 extent to any circumstances in which when the employer, 12 school, school administrator, regional office of education or 13 intermediate service center, or contractor in good faith 14 shares findings of sexual misconduct with another employer. 15 Unless the laws of another state prevent the release of 16 the information or records requested or disclosure is 17 restricted by the terms of a contract entered into prior to 18 July 1, 2023 (the effective date of Public Act 102-702) and 19 notwithstanding any other provisions of law to the contrary, 20 an employer, school, school administrator, contractor, or 21 applicant shall report and disclose, in accordance with this 22 Section, all relevant information, records, and documentation 23 that may otherwise be confidential. 24 (f) A school or contractor may not hire an applicant who 25 does not provide the information required under subsection (c) 26 for a position involving direct contact with children or HB4534 Enrolled - 12 - LRB104 16801 KTG 30210 b 1 students. 2 (g) Beginning on July 1, 2023 (the effective date of 3 Public Act 102-702), a school or contractor may not enter into 4 a collective bargaining agreement, an employment contract, an 5 agreement for resignation or termination, a severance 6 agreement, or any other contract or agreement or take any 7 action that: 8 (1) has the effect of suppressing information 9 concerning a pending investigation or a completed 10 investigation in which an allegation was substantiated 11 related to a report of suspected sexual misconduct by a 12 current or former employee; 13 (2) affects the ability of the school or contractor to 14 report suspected sexual misconduct to the appropriate 15 authorities; or 16 (3) requires the school or contractor to expunge 17 information about allegations or findings of suspected 18 sexual misconduct from any documents maintained by the 19 school or contractor, unless, after an investigation, an 20 allegation is found to be false, unfounded, or 21 unsubstantiated. 22 (h) Any provision of an employment contract or agreement 23 for resignation or termination or a severance agreement that 24 is executed, amended, or entered into on or after July 1, 2023 25 (the effective date of Public Act 102-702) and that is 26 contrary to this Section is void and unenforceable. HB4534 Enrolled - 13 - LRB104 16801 KTG 30210 b 1 (i) For substitute employees, all of the following apply: 2 (1) Except as otherwise provided in paragraph (1.5) of 3 this subsection (i), the The employment history review 4 required by this Section is required only prior to the 5 initial hiring of a substitute employee or placement on a 6 school's approved substitute list and shall remain valid 7 as long as the substitute employee continues to be 8 employed by the same school or remains on the school's 9 approved substitute list. 10 (1.5) For a substitute teacher licensed under Section 11 21B-20 and seeking employment in more than one school 12 district, a school district's regional office of education 13 or intermediate service center may collect and, at the 14 request of the substitute teacher, share the information 15 and records under paragraphs (2), (3), and (4) of 16 subsection (c). A regional office of education's or 17 intermediate service center's participation in the 18 employment history review shall be limited to collecting 19 such information and records and sharing the information 20 and records with the school district, school districts or 21 other regional offices of education or intermediate 22 service centers. A regional office of education or 23 intermediate service center may not use the information 24 and records collected for the purpose of evaluating a 25 substitute teacher applicant's fitness to be hired, and 26 the school district shall complete all aspects of the HB4534 Enrolled - 14 - LRB104 16801 KTG 30210 b 1 employment history review process, unless otherwise agreed 2 to with the regional office of education or intermediate 3 service center. The regional office of education or 4 intermediate service center is not responsible for the 5 content or completeness of the information or records 6 shared by any former employer or with the school district. 7 A regional office of education's or intermediate service 8 center's participation in the employment history review 9 process shall occur only prior to the initial hiring of a 10 substitute teacher by one of its member school districts 11 or prior to the initial placement of a substitute teacher 12 on the regional office of education's or intermediate 13 service center's approved substitute list. The employment 14 history review shall remain valid as long as the 15 substitute teacher continues to be employed by a school 16 district within the regional office of education's or 17 intermediate service center's jurisdiction or remains on 18 the regional office of education's or intermediate service 19 center's approved substitute list. A regional office of 20 education or intermediate service center participating in 21 the employment history review process shall promptly 22 provide the school district in which the substitute 23 teacher is seeking employment with the collected 24 information and records. If the regional office of 25 education or intermediate service center receives updated 26 employment history review information or records, the HB4534 Enrolled - 15 - LRB104 16801 KTG 30210 b 1 information or records shall be shared with the applicable 2 school districts by the regional office of education or 3 intermediate service center as provided in this Section. 4 If, at any time, a school district has information or 5 records that the school district would have immunity from 6 liability to share as part of an employment history 7 review, then the school district and its employees are 8 immune from liability on the same terms as provided in 9 subsection (e) if sharing such information or records with 10 the regional office of education or intermediate service 11 center that maintains the applicable approved substitute 12 list. 13 (2) Except as otherwise provided in paragraph (1.5) of 14 this subsection (i), a A substitute employee seeking to be 15 added to another school's substitute list shall undergo an 16 additional employment history review under this Section. 17 Except as otherwise provided in paragraph (1.5) or 18 paragraph (3) of this subsection (i) or in subsection (k), 19 the appearance of a substitute employee on one school's 20 substitute list does not relieve another school from 21 compliance with this Section. 22 (3) An employment history review conducted upon 23 initial hiring of a substitute employee by a contractor or 24 any other entity that furnishes substitute staffing 25 services to schools shall satisfy the requirements of this 26 Section for all schools using the services of that HB4534 Enrolled - 16 - LRB104 16801 KTG 30210 b 1 contractor or other entity. 2 (4) A contractor or any other entity furnishing 3 substitute staffing services to schools shall comply with 4 paragraphs (3) and (4) of subsection (j). 5 (j) For employees of contractors, all of the following 6 apply: 7 (1) The employment history review required by this 8 Section shall be performed, either at the time of the 9 initial hiring of an employee or prior to the assignment 10 of an existing employee to perform work for a school in a 11 position involving direct contact with children or 12 students. The review shall remain valid as long as the 13 employee remains employed by the same contractor, even if 14 assigned to perform work for other schools. 15 (2) A contractor shall maintain records documenting 16 employment history reviews for all employees as required 17 by this Section and, upon request, shall provide a school 18 for whom an employee is assigned to perform work access to 19 the records pertaining to that employee. 20 (3) Prior to assigning an employee to perform work for 21 a school in a position involving direct contact with 22 children or students, the contractor shall inform the 23 school of any instance known to the contractor in which 24 the employee: 25 (A) has been the subject of a sexual misconduct 26 allegation unless a subsequent investigation resulted HB4534 Enrolled - 17 - LRB104 16801 KTG 30210 b 1 in a finding that the allegation was false, unfounded, 2 or unsubstantiated; 3 (B) has ever been discharged, been asked to resign 4 from, resigned from, or otherwise been separated from 5 any employment, been removed from a substitute list, 6 been disciplined by an employer, or had an employment 7 contract not renewed due to an adjudication or finding 8 of sexual misconduct or while an allegation of sexual 9 misconduct was pending or under investigation, unless 10 the investigation resulted in a finding that the 11 allegation was false, unfounded, or unsubstantiated; 12 or 13 (C) has ever had a license or certificate 14 suspended, surrendered, or revoked due to an 15 adjudication or finding of sexual misconduct or while 16 an allegation of sexual misconduct was pending or 17 under investigation, unless the investigation resulted 18 in a finding that the allegation was false, unfounded, 19 or unsubstantiated. 20 (4) The contractor may not assign an employee to 21 perform work for a school in a position involving direct 22 contact with children or students if the school objects to 23 the assignment after being informed of an instance listed 24 in paragraph (3). 25 (k) An applicant who has undergone an employment history 26 review under this Section and seeks to transfer to or provide HB4534 Enrolled - 18 - LRB104 16801 KTG 30210 b 1 services to another school in the same school district, 2 diocese, or religious jurisdiction, or to another school 3 established and supervised by the same organization is not 4 required to obtain additional reports under this Section 5 before transferring. 6 (l) Nothing in this Section shall be construed: 7 (1) to prevent a prospective employer from conducting 8 further investigations of prospective employees or from 9 requiring applicants to provide additional background 10 information or authorizations beyond what is required 11 under this Section, nor to prevent a current or former 12 employer from disclosing more information than what is 13 required under this Section; 14 (2) to relieve a school, school employee, contractor 15 of the school, or agent of the school from any legal 16 responsibility to report sexual misconduct in accordance 17 with State and federal reporting requirements; 18 (3) to relieve a school, school employee, contractor 19 of the school, or agent of the school from any legal 20 responsibility to implement the provisions of Section 7926 21 of Chapter 20 of the United States Code; or 22 (4) to prohibit the right of the exclusive bargaining 23 representative under a collective bargaining agreement to 24 grieve and arbitrate the validity of an employee's 25 termination or discipline for just cause. 26 (m) The State Board of Education shall develop the HB4534 Enrolled - 19 - LRB104 16801 KTG 30210 b 1 templates required under paragraphs (3) and (4) of subsection 2 (c). 3 (Source: P.A. 104-417, eff. 8-15-25.) 4 (105 ILCS 5/27-215) 5 Sec. 27-215. Comprehensive health education program. 6 (a) In this subsection (a): 7 "Age and developmentally appropriate" means suitable to 8 particular ages or age groups of children or adolescents, 9 based on the developing cognitive, emotional, and behavioral 10 capacity typical for the age or age group. 11 "Consent" means an affirmative, knowing, conscious, 12 ongoing, and voluntary agreement to engage in interpersonal, 13 physical, or sexual activity, which can be revoked at any 14 point, including during the course of interpersonal, physical, 15 or sexual activity. 16 The program established under this Act shall include, but 17 not be limited to, the following major educational areas as a 18 basis for curricula in all elementary and secondary schools in 19 this State, with applicable Illinois Learning Standards 20 adopted by the State Board of Education guiding the 21 instruction in the program: 22 (1) human ecology, health, growth, development, 23 personal health habits, and nutrition, consistent with the 24 Illinois Learning Standards adopted by the State Board of 25 Education; HB4534 Enrolled - 20 - LRB104 16801 KTG 30210 b 1 (2) the emotional, psychological, physiological, 2 hygienic, and social responsibilities of family life, 3 including evidence-based and medically accurate 4 information regarding sexual abstinence; 5 (3) the prevention and control of disease, including 6 instruction in grades 6 through 12 on the prevention, 7 transmission, and spread of AIDS; 8 (4) age and developmentally appropriate sexual abuse, 9 consistent with Section 10-23.13 of this Code, abuse 10 during pregnancy, and assault awareness and prevention 11 education in grades prekindergarten through 12; 12 (5) public health, environmental health, disaster 13 preparedness education, and safety education; 14 (6) mental health and illness; 15 (7) dental health; 16 (8) cancer education that includes the types of 17 cancer, signs and symptoms, risk factors, the importance 18 of early prevention and detection, and information on 19 where to get help and treatment for cancer; and 20 (9) age and developmentally appropriate consent 21 education. 22 The instruction on mental health and illness must evaluate 23 the multiple dimensions of health by reviewing the 24 relationship between physical and mental health to enhance 25 student understanding, attitudes, and behaviors that promote 26 health, well-being, and human dignity and must include how and HB4534 Enrolled - 21 - LRB104 16801 KTG 30210 b 1 where to find mental health resources and specialized 2 treatment in the State. The program shall also provide course 3 material and instruction to advise pupils of the Abandoned 4 Newborn Infant Protection Act. 5 Consent education must be age and developmentally 6 appropriate, and the instruction on age and developmentally 7 appropriate consent shall require only instruction aligning 8 with consent as defined in this Section. 9 (b) Notwithstanding the educational areas under subsection 10 (a), the following areas may also be included as a basis for 11 curricula in all elementary and secondary schools in this 12 State: basic first aid (including, but not limited to, 13 cardiopulmonary resuscitation and the Heimlich maneuver), 14 heart disease, diabetes, stroke, the prevention of child 15 abuse, neglect, and suicide, and teen dating violence in 16 grades 7 through 12. 17 (c) The State Superintendent of Education, in cooperation 18 with the Department of Children and Family Services, shall 19 prepare and disseminate to all public schools and nonpublic 20 schools information on instructional materials and programs 21 about child sexual abuse, which may be used by such schools for 22 their own or community programs. Such information may also be 23 disseminated by such schools to parents. 24 (d) No pupil shall be required to take or participate in 25 any class or course on AIDS or family life instruction or to 26 receive training on how to properly administer cardiopulmonary HB4534 Enrolled - 22 - LRB104 16801 KTG 30210 b 1 resuscitation or how to use an automated external 2 defibrillator if his or her parent or guardian submits written 3 objection thereto, and refusal to take or participate in the 4 course or program or the training shall not be reason for 5 suspension or expulsion of the pupil. 6 (e) No student in pre-K through 8th grade shall be 7 required to take or participate in any class or course 8 providing instruction in recognizing and avoiding sexual abuse 9 as provided under Section 10-23.13 of this Code if the parent 10 or guardian of the student submits written objection thereto; 11 and refusal to take or participate in such class or course 12 shall not negatively impact a student's academic standing. 13 Each school shall give not less than 5 days' written notice to 14 the parents or guardians of such students before commencing 15 the class or course. 16 (Source: P.A. 104-391, eff. 8-15-25.) 17 Section 10. The Abused and Neglected Child Reporting Act 18 is amended by changing Section 3 as follows: 19 (325 ILCS 5/3) (from Ch. 23, par. 2053) 20 Sec. 3. As used in this Act unless the context otherwise 21 requires: 22 "Adult resident" means any person between 18 and 22 years 23 of age who resides in any facility licensed by the Department 24 under the Child Care Act of 1969. For purposes of this Act, the HB4534 Enrolled - 23 - LRB104 16801 KTG 30210 b 1 criteria set forth in the definitions of "abused child" and 2 "neglected child" shall be used in determining whether an 3 adult resident is abused or neglected. 4 "Agency" means a child care facility licensed under 5 Section 2.05 or Section 2.06 of the Child Care Act of 1969 and 6 includes a transitional living program that accepts children 7 and adult residents for placement who are in the guardianship 8 of the Department. 9 "Blatant disregard" means an incident where the real, 10 significant, and imminent risk of harm would be so obvious to a 11 reasonable parent or caretaker that it is unlikely that a 12 reasonable parent or caretaker would have exposed the child to 13 the danger without exercising precautionary measures to 14 protect the child from harm. With respect to a person working 15 at an agency in the person's professional capacity with a 16 child or adult resident, "blatant disregard" includes a 17 failure by the person to perform job responsibilities intended 18 to protect the child's or adult resident's health, physical 19 well-being, or welfare, and, when viewed in light of the 20 surrounding circumstances, evidence exists that would cause a 21 reasonable person to believe that the child was neglected. 22 With respect to an agency, "blatant disregard" includes a 23 failure to implement practices that ensure the health, 24 physical well-being, or welfare of the children and adult 25 residents residing in the facility. 26 "Child" means any person under the age of 18 years, unless HB4534 Enrolled - 24 - LRB104 16801 KTG 30210 b 1 legally emancipated by reason of marriage or entry into a 2 branch of the United States armed services. 3 "Department" means Department of Children and Family 4 Services. 5 "Local law enforcement agency" means the police of a city, 6 town, village or other incorporated area or the sheriff of an 7 unincorporated area or any sworn officer of the Illinois State 8 Police. 9 "Abused child" means a child whose parent or immediate 10 family member, or any person responsible for the child's 11 welfare, or any individual residing in the same home as the 12 child, or a paramour of the child's parent: 13 (a-1) engages in a pattern of conduct or 14 communications directed toward such child, meaning 2 or 15 more instances of conduct or communication, that a 16 reasonable person would understand as intended to groom, 17 seduce, solicit, lure, or entice the child for the purpose 18 of committing any sex offense or engaging in sexual 19 misconduct against such child. As used in this subsection, 20 "sexual misconduct" means, but is not limited to, any 21 verbal, nonverbal, written, or electronic communication or 22 physical activity by a person responsible for the child's 23 welfare to establish a romantic or sexual relationship 24 with the child. Such conduct or communications may 25 include, but is not limited to, the following: 26 (1) A sexual or romantic invitation. HB4534 Enrolled - 25 - LRB104 16801 KTG 30210 b 1 (2) Dating or soliciting a date. 2 (3) Engaging in sexualized or romantic dialog. 3 (4) Making sexually suggestive comments that are 4 directed toward or with the child; 5 (a-5) (a) inflicts, causes to be inflicted, or allows 6 to be inflicted upon such child physical injury, by other 7 than accidental means, which causes death, disfigurement, 8 impairment of physical or emotional health, or loss or 9 impairment of any bodily function; 10 (b) creates a substantial risk of physical injury to 11 such child by other than accidental means which would be 12 likely to cause death, disfigurement, impairment of 13 physical or emotional health, or loss or impairment of any 14 bodily function; 15 (c) commits or allows to be committed any sex offense 16 against such child, as such sex offenses are defined in 17 the Criminal Code of 2012 or in the Wrongs to Children Act, 18 and extending those definitions of sex offenses to include 19 children under 18 years of age; 20 (d) commits or allows to be committed an act or acts of 21 torture upon such child; 22 (e) inflicts excessive corporal punishment or, in the 23 case of a person working for an agency who is prohibited 24 from using corporal punishment, inflicts corporal 25 punishment upon a child or adult resident with whom the 26 person is working in the person's professional capacity; HB4534 Enrolled - 26 - LRB104 16801 KTG 30210 b 1 (f) commits or allows to be committed the offense of 2 female genital mutilation, as defined in Section 12-34 of 3 the Criminal Code of 2012, against the child; 4 (g) causes to be sold, transferred, distributed, or 5 given to such child under 18 years of age, a controlled 6 substance as defined in Section 102 of the Illinois 7 Controlled Substances Act in violation of Article IV of 8 the Illinois Controlled Substances Act or in violation of 9 the Methamphetamine Control and Community Protection Act, 10 except for controlled substances that are prescribed in 11 accordance with Article III of the Illinois Controlled 12 Substances Act and are dispensed to such child in a manner 13 that substantially complies with the prescription; 14 (h) commits or allows to be committed the offense of 15 involuntary servitude, involuntary sexual servitude of a 16 minor, or trafficking in persons as defined in Section 17 10-9 of the Criminal Code of 2012 against the child; or 18 (i) (blank). commits the offense of grooming, as 19 defined in Section 11-25 of the Criminal Code of 2012, 20 against the child. 21 A child shall not be considered abused for the sole reason 22 that the child has been relinquished in accordance with the 23 Abandoned Newborn Infant Protection Act. 24 "Neglected child" means any child who is not receiving the 25 proper or necessary nourishment or medically indicated 26 treatment including food or care not provided solely on the HB4534 Enrolled - 27 - LRB104 16801 KTG 30210 b 1 basis of the present or anticipated mental or physical 2 impairment as determined by a physician acting alone or in 3 consultation with other physicians or otherwise is not 4 receiving the proper or necessary support or medical or other 5 remedial care recognized under State law as necessary for a 6 child's well-being, or other care necessary for the child's 7 well-being, including adequate food, clothing and shelter; or 8 who is subjected to an environment which is injurious insofar 9 as (i) the child's environment creates a likelihood of harm to 10 the child's health, physical well-being, or welfare and (ii) 11 the likely harm to the child is the result of a blatant 12 disregard of parent, caretaker, person responsible for the 13 child's welfare, or agency responsibilities; or who is 14 abandoned by the child's parents or other person responsible 15 for the child's welfare without a proper plan of care; or who 16 has been provided with interim crisis intervention services 17 under Section 3-5 of the Juvenile Court Act of 1987 and whose 18 parent, guardian, or custodian refuses to permit the child to 19 return home and no other living arrangement agreeable to the 20 parent, guardian, or custodian can be made, and the parent, 21 guardian, or custodian has not made any other appropriate 22 living arrangement for the child; or who is a newborn infant 23 whose blood, urine, or meconium contains any amount of a 24 controlled substance as defined in subsection (f) of Section 25 102 of the Illinois Controlled Substances Act or a metabolite 26 thereof, with the exception of a controlled substance or HB4534 Enrolled - 28 - LRB104 16801 KTG 30210 b 1 metabolite thereof whose presence in the newborn infant is the 2 result of medical treatment administered to the person who 3 gave birth or the newborn infant. A child shall not be 4 considered neglected for the sole reason that the child's 5 parent or other person responsible for the child's welfare has 6 left the child in the care of an adult relative for any period 7 of time. A child shall not be considered neglected for the sole 8 reason that the child has been relinquished in accordance with 9 the Abandoned Newborn Infant Protection Act. A child shall not 10 be considered neglected or abused for the sole reason that 11 such child's parent or other person responsible for the 12 child's welfare depends upon spiritual means through prayer 13 alone for the treatment or cure of disease or remedial care as 14 provided under Section 4 of this Act. A child shall not be 15 considered neglected or abused solely because the child is not 16 attending school in accordance with the requirements of 17 Article 26 of The School Code, as amended. 18 "Child Protective Service Unit" means certain specialized 19 State employees of the Department assigned by the Director to 20 perform the duties and responsibilities as provided under 21 Section 7.2 of this Act. 22 "Near fatality" means an act that, as certified by a 23 physician, places the child in serious or critical condition, 24 including acts of great bodily harm inflicted upon children 25 under 13 years of age, and as otherwise defined by Department 26 rule. HB4534 Enrolled - 29 - LRB104 16801 KTG 30210 b 1 "Great bodily harm" includes bodily injury which creates a 2 high probability of death, or which causes serious permanent 3 disfigurement, or which causes a permanent or protracted loss 4 or impairment of the function of any bodily member or organ, or 5 other serious bodily harm. 6 "Person responsible for the child's welfare" means the 7 child's parent; guardian; foster parent; relative caregiver; 8 any person responsible for the child's welfare in a public or 9 private residential agency or institution; any person 10 responsible for the child's welfare within a public or private 11 profit or not for profit child care facility; or any other 12 person responsible for the child's welfare at the time of the 13 alleged abuse or neglect, including any person who commits or 14 allows to be committed, against the child, the offense of 15 involuntary servitude, involuntary sexual servitude of a 16 minor, or trafficking in persons for forced labor or services, 17 as provided in Section 10-9 of the Criminal Code of 2012, 18 including, but not limited to, the custodian of the minor, or 19 any person who came to know the child through an official 20 capacity or position of trust, including, but not limited to, 21 health care professionals, educational personnel, recreational 22 supervisors, members of the clergy, and volunteers or support 23 personnel in any setting where children may be subject to 24 abuse or neglect. 25 "Temporary protective custody" means custody within a 26 hospital or other medical facility or a place previously HB4534 Enrolled - 30 - LRB104 16801 KTG 30210 b 1 designated for such custody by the Department, subject to 2 review by the Court, including a licensed foster home, group 3 home, or other institution; but such place shall not be a jail 4 or other place for the detention of criminal or juvenile 5 offenders. 6 "An unfounded report" means any report made under this Act 7 for which it is determined after an investigation that no 8 credible evidence of abuse or neglect exists. 9 "An indicated report" means a report made under this Act 10 if an investigation determines that credible evidence of the 11 alleged abuse or neglect exists. 12 "An undetermined report" means any report made under this 13 Act in which it was not possible to initiate or complete an 14 investigation on the basis of information provided to the 15 Department. 16 "Subject of report" means any child reported to the 17 central register of child abuse and neglect established under 18 Section 7.7 of this Act as an alleged victim of child abuse or 19 neglect and the parent or guardian of the alleged victim or 20 other person responsible for the alleged victim's welfare who 21 is named in the report or added to the report as an alleged 22 perpetrator of child abuse or neglect. 23 "Perpetrator" means a person who, as a result of 24 investigation, has been determined by the Department to have 25 caused child abuse or neglect. 26 "Member of the clergy" means a clergyperson or HB4534 Enrolled - 31 - LRB104 16801 KTG 30210 b 1 practitioner of any religious denomination accredited by the 2 religious body to which the clergyperson or practitioner 3 belongs. 4 (Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21; 5 102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)