Definitions of Child Abuse and Neglect Illinois

Statute: 325 ILCS 5/3

Standard

Inflicts, causes to be inflicted, or allows to be
inflicted

Creates a substantial risk

Commits or allows to be committed

Exemption

Plan of care

Religious exemption

School attendance

Categories of Maltreatment Defined in Statute

Physical abuse

Neglect

Sexual abuse

Sexual exploitation

Emotional/mental injury

Categories of Maltreatment Not Defined in Statute

Abandonment

DEFINITIONS

325 Ill. Comp. Stat. Ann. 5/3 (West, WESTLAW through 2003 Reg. Sess.)

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

'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:

Inflicts, causes to be inflicted, or allows to be inflicted upon such child physical injury, by other than accidental means, which causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;

Creates a substantial risk of physical injury to such child by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;
Commits or allows to be committed any sex offense against such child, as such sex offenses are defined in the Criminal Code and extending those definitions of sex offenses to include children under 18 years of age;

Commits or allows to be committed an act or acts of torture upon such child;

Inflicts excessive corporal punishment;

Commits or allows to be committed the offense of female genital mutilation, as defined in Section 12-34 of the Criminal Code, against the child; or
Causes to be sold, transferred, distributed, or given to such child under 18 years of age, a controlled substance, as defined by law, except for controlled substances that are prescribed in accordance with the Illinois Controlled Substances Act and are dispensed to such child in a manner that substantially complies with the prescription.

'Neglected child' means any child who is not receiving the proper or necessary nourishment or medically indicated treatment including food or care not provided solely on the basis of the present or anticipated mental or physical impairment as determined by a physician acting alone or in consultation with other physicians or otherwise is not receiving the proper or necessary support or medical or other remedial care recognized under State law as necessary for a child's well-being, or other care necessary for his or her well-being, including adequate food, clothing and shelter; or who is abandoned by his or her parents or other person responsible for the child's welfare without a proper plan of care; or who is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance as defined in the Illinois Controlled Substances Act or a metabolite thereof.

'Person responsible for the child's welfare' means:

The child's parent; guardian; foster parent; relative caregiver;

Any person responsible for the child's welfare in a public or private residential agency or institution;

Any person responsible for the child's welfare within a public or private profit or not for profit child care facility;

Any other person responsible for the child's welfare at the time of the alleged abuse or neglect; or

Any person who came to know the child through an official capacity or position of trust, including but not limited to health care professionals, educational personnel, recreational supervisors, members of the clergy, and volunteers or support personnel in any setting where children may be subject to abuse or neglect.

EXCEPTIONS

325 Ill. Comp. Stat. Ann. 5/3 (West, WESTLAW through 2003 Reg. Sess.)

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

It is not neglect when the presence of a controlled substance or metabolite thereof in the newborn infant is the result of medical treatment administered to the mother or the newborn infant.

A child shall not be considered neglected for the sole reason that the child's parent or other person responsible for his or her welfare has left the child in the care of an adult relative for any period of time.

A child shall not be considered neglected or abused for the sole reason that such child's parent or other person responsible for his or her welfare depends upon spiritual means through prayer alone for the treatment or cure of disease or remedial care.

A child shall not be considered neglected or abused solely because the child is not attending school in accordance with the requirements of the School Code, as amended.