Section 336.20 Definitions

Section 336.20  Definitions

"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

or mental

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

or mental

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 of 2012

[720 ILCS 5]

or in the Wrongs to Children

Act

[720 ILCS 150]

, 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 or, in the case of a person working for an agency who is prohibited

from using corporal punishment, inflicts corporal punishment upon a child or

adult resident with whom the person is working in his or her professional

capacity;

commits or allows to be

committed the offense of female genital mutilation, as defined in Section 12-34

of the Criminal Code of 2012, against the child

al

punishment or, in the case of a person working for an agency who is prohibited

from using corporal punishment, inflicts corporal punishment upon a child or

adult resident with whom the person is working in his or her professional

capacity;

commits or allows to be

committed the offense of female genital mutilation, as defined in Section 12-34

of the Criminal Code of 2012, against the child.

causes to be sold, transferred,

distributed or given to such child under 18 years of age a controlled substance

as defined in Section 102 of the Illinois Controlled Substances Act

[720

ILCS 570]

or in violation of the Methamphetamine Control and Community

Protection Act

[720 ILCS 646]

, except for controlled substances that are

prescribed in accordance with Article III of the Illinois Controlled Substances

Act and are dispensed to such child in a manner that substantially complies

with the prescription; or

commits or allows to be

committed the offense of involuntary servitude, involuntary sexual servitude of

a minor, or trafficking in persons as defined in Section 10-9 of the Criminal

Code of 2012 against the child.

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.

[325 ILCS

5/3]

"Administrative hearing",

in the context of this Part, means a formal review of a final finding

determination made by the Division of Child Protection at the conclusion of a

child abuse and neglect investigation.

"Administrative Law

Judge" or "ALJ" means a licensed attorney who is appointed by

the Director of the Department and is responsible for conducting administrative

hearings, including pre-hearings, and issuing a recommended decision.

"Adult resident" means

any person between 18 and 22 years of age who resides in any facility licensed

by the Department under the Child Care Act of 1969 [225 ILCS 10]

ministrative Law

Judge" or "ALJ" means a licensed attorney who is appointed by

the Director of the Department and is responsible for conducting administrative

hearings, including pre-hearings, and issuing a recommended decision.

"Adult resident" means

any person between 18 and 22 years of age who resides in any facility licensed

by the Department under the Child Care Act of 1969 [225 ILCS 10]. For the

purpose of this Part, the definitions of "abused child" and

"neglected child" include adult residents who meet the criteria set

forth in those definitions.

"Agency" means

a

child care facility licensed under Section 2.05 or Section 2.06 of the Child

Care Act of 1969 and includes a transitional living program that accepts

children and adult residents for placement who are in the guardianship of the

Department

.  [325 ILCS 5/3]

"Amend", as used in this

Part, means changing the final finding determination of an allegation in an indicated

report of child abuse or neglect or changing identifying information of the

subjects of an indicated report of child abuse or neglect.

"Administrative appeal"

or "appeal"" means the pre-hearing conference and formal

administrative hearing.

"Appellant" means the

person who requests a review or administrative hearing or in whose behalf a

review and administrative hearing is requested.

"Authorized representative"

means a person, including an attorney, authorized in writing by a party to

assist in an administrative appeal.  If the party is unable to reduce the

authorization to writing, the Department, on request, shall assist the party in

doing so.

"Blatant disregard"

means

an incident where the real, significant and imminent risk of harm

would be so obvious to a reasonable parent or caretaker that it is unlikely

that a reasonable parent or caretaker would have exposed the child to the danger

without exercising precautionary measures to protect the child from harm

writing, the Department, on request, shall assist the party in

doing so.

"Blatant disregard"

means

an incident where the real, significant and imminent risk of harm

would be so obvious to a reasonable parent or caretaker that it is unlikely

that a reasonable parent or caretaker would have exposed the child to the danger

without exercising precautionary measures to protect the child from harm.  With

respect to a person working at an agency in his or her professional capacity

with a child or adult resident, "blatant disregard" includes a

failure by the person to perform job responsibilities intended to protect the

child's or adult resident's health, physical well-being, or welfare, and, when

viewed in light of the surrounding circumstances, evidence exists that would

cause a reasonable person to believe that the child was neglected.  With

respect to an agency, "blatant disregard" includes a failure to

implement practices that ensure the health, physical well-being, or welfare of

the children and adult residents residing in the facility.

[325 ILCS 5/3]

"Chief Administrative Law

Judge" or "Chief ALJ" means the person who is responsible for

the supervision of the Administrative Law Judges and the coordination of the

administrative hearing appeal process.

"Child care worker"

means any person who is employed to work directly with children and any person

who is an owner/operator of a child care facility, regardless of whether the

facility is licensed by the Department. "Child care worker" also

means persons employed as full-time nannies.  "Child care worker"

also includes a person currently enrolled in an academic program that leads to

a position as a child care worker; or who has applied for a license required

for a child care worker position

ho is an owner/operator of a child care facility, regardless of whether the

facility is licensed by the Department. "Child care worker" also

means persons employed as full-time nannies.  "Child care worker"

also includes a person currently enrolled in an academic program that leads to

a position as a child care worker; or who has applied for a license required

for a child care worker position.  A person will be considered to be a child

care worker under this Part if, at the time of the notice of the investigation,

he or she:

has applied for, or will apply

within 180 days for, a position as a child care worker;

is enrolled in, or will commence

within 180 days, an academic program that leads to a position as a child care

worker; or

has applied for a license as a

child care worker.

A child care worker may be

subject to this Part if alleged to be responsible for child abuse or neglect

outside of his or her employment.

For the purposes of this

definition, any person who is employed full- or part-time at or is the owner of

any of the following shall be considered a child care worker:

child care

institutions;

child welfare

agencies;

day care/night

care centers;

day care/night

care homes;

day care/night

care group day care homes;

group homes;

hospitals or

health care facilities;

schools, including school aides,

bus drivers, school teachers and administrators, but not tenured school

teachers or administrators who have other disciplinary processes available to

them; and

before and after school programs,

recreational programs and summer camps.

"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.

[325

ILCS 5/31]

"Credible evidence of child

abuse or neglect" means that the available facts, when viewed in light of

surrounding circumstances, would cause a reasonable person to believe that a

child was abused or neglected

r camps.

"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.

[325

ILCS 5/31]

"Credible evidence of child

abuse or neglect" means that the available facts, when viewed in light of

surrounding circumstances, would cause a reasonable person to believe that a

child was abused or neglected.

"Date of action" means

the date on which any Department action becomes effective.

"Day", for purposes of

computation of time, means business day, unless otherwise specified.

"Department"

means the Illinois Department of Children and Family Services.

"Department's legal representative"

means an attorney who is licensed to practice law in the State of Illinois and

who is responsible for presenting the Department's case.

"Discovery", for

purposes of this Part, means the rights of any party to request and have access

to, in advance of the hearing, any materials relevant to the investigation and

indicated finding and a list of witnesses in the possession of any other party.

"Expedited appeal" means

an appeal that may be requested only by a child care worker who is the subject

of a Department determination of indicated child abuse and/or neglect.

Expedited appeals require that the Director issue a final administrative

decision within 35 calendar days after the date of receipt by the Department's

Administrative Hearings Unit of a written request for an expedited appeal,

excluding any continuances at the request of, or with the agreement of, the

appellant.

"Expunge", as used in

this Part, means removing identifying information regarding the subjects of an

indicated child abuse or neglect report from the State Central Register

calendar days after the date of receipt by the Department's

Administrative Hearings Unit of a written request for an expedited appeal,

excluding any continuances at the request of, or with the agreement of, the

appellant.

"Expunge", as used in

this Part, means removing identifying information regarding the subjects of an

indicated child abuse or neglect report from the State Central Register.

"Final administrative

decision" means the Department's final decision, order or determination on

an appealed issue rendered by the Director in a particular case that affects

the legal rights, duties or privileges of participants, that terminates the

proceedings on the specific appeal before the Department's Administrative

Hearings Unit, and that may be further appealed to the circuit court under the

Illinois Administrative Procedure Act.

"Indicated report"

means any report

made under the Abused and Neglected Child Reporting

Act

[325 ILCS 5] (ANCRA)

for which it is determined, after an investigation,

that credible evidence of the alleged abuse or neglect exists

[325 ILCS

5/3].

"Member of the clergy"

means a clergyman or practitioner of any religious denomination accredited by

the religious body to which he or she belongs.

"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

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;

who is subjected to an

environment which is injurious insofar as:

the child's environment creates

a likelihood of harm to the child's health, physical well-being, or welfare;

and

the likely harm to the child is

the result of a bl

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;

who is subjected to an

environment which is injurious insofar as:

the child's environment creates

a likelihood of harm to the child's health, physical well-being, or welfare;

and

the likely harm to the child is

the result of a blatant disregard of parent, caretaker, or agency

responsibilities;

who is abandoned by his or her

parents or other person responsible for the child's welfare without a proper

plan of care;

who has been provided with

interim crisis intervention services under Section 3-5 of the Juvenile Court

Act of 1987

[705 ILCS 405]

and whose parent, guardian or custodian

refuses to permit the child to return home and no other living arrangement

agreeable to the parent, guardian or custodian can be made, and the parent,

guardian or custodian has not made any other appropriate living arrangement for

the child;

or

who is a newborn infant whose

blood, urine or meconium contains any amount of a controlled substance as

defined in Section 102(f) of the Illinois Controlled Substances Act or a

metabolite thereof, with the exception of a controlled substance or metabolite

thereof whose presence 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;

the child has been relinquished

in accordance with the Abandoned Newborn Infant Protection Act

[325 ILCS

2]

t 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;

the child has been relinquished

in accordance with the Abandoned Newborn Infant Protection Act

[325 ILCS

2].

A child shall not be

considered neglected or abused for the sole reason that:

the 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 as provided under

Section 4

of ANCRA; or

the child is not attending

school in accordance with the requirements of Article 26 of the School Code

[105

ILCS 5]

.

[325 ILCS 5/3]

"Parents"

means the child’s legal parents whose rights have not been terminated.

"Parties" means the

Department and those persons who have appealed the final finding determination

made by the Department.  No person may join in an appeal unless that person

would have standing to appeal the determination himself or herself.

"Perpetrator" means a

person who, as a result of investigation, has been determined by the Department

to have caused child abuse or neglect.

[325 ILCS 5/3]

"Person responsible for

the child's welfare" means:

the child's parent, guardian,

foster parent or 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;

or

any other person responsible for

the child's welfare at the time of the alleged abuse or neglect, including:

any person that is the

custodian of a child under 18 years of age who commits or allows to be

committed, against the child, the offense of involuntary servitude, involuntary

sexual servitude of a minor, or trafficking in persons for forced labor or

services

(see

hild care facility;

or

any other person responsible for

the child's welfare at the time of the alleged abuse or neglect, including:

any person that is the

custodian of a child under 18 years of age who commits or allows to be

committed, against the child, the offense of involuntary servitude, involuntary

sexual servitude of a minor, or trafficking in persons for forced labor or

services

(see

Section 10-9

(b), (c) and (d)

of the Criminal Code

of 2012

);

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

.  [325 ILCS 5/3]

"Preponderance of the

evidence" means the greater weight of the evidence which renders a fact

more likely than not.

"Regular appeal" means an

appeal that may be requested by a perpetrator, including child care workers, in

which the final administrative decision by the Director is issued within 90 calendar

days after the date of receipt by the Department's Administrative Hearings Unit

of a written request for an appeal, excluding any requests for a continuance by

the perpetrator or any continuances by the agreement of the parties.

"Request for an appeal"

means the written request by an appellant for an administrative hearing to

determine whether the record of the report should be amended, expunged, or

removed on the grounds that it is inaccurate or being maintained in a manner

inconsistent with the Abused and Neglected Child Reporting Act.  If the

appellant is unable to request an appeal in writing, the Department or purchase

of service agency shall help the appellant put the request in writing.

"State Central Register"

or "SCR" is the record of child abuse and/or neglect reports

maintained by the Department pursuant to ANCRA

ccurate or being maintained in a manner

inconsistent with the Abused and Neglected Child Reporting Act.  If the

appellant is unable to request an appeal in writing, the Department or purchase

of service agency shall help the appellant put the request in writing.

"State Central Register"

or "SCR" is the record of child abuse and/or neglect reports

maintained by the Department pursuant to ANCRA.  The State Central Register is

also referred to as the Department's statewide toll-free child abuse and

neglect hotline.

"Stipulation" means an

agreement by the parties that certain facts are true or can be introduced into

evidence without further proof.

"Subject of report"

means any child or adult resident reported to the

central register of child

abuse and neglect established under

Section 7.7 of ANCRA

as an

alleged victim of child abuse or neglect and the parent or guardian of the

alleged victim or other person responsible for the alleged victim's welfare

who is named in the report

or added to the report as an alleged perpetrator

of child abuse or neglect

. [325 ILCS 5/3]

"Unfounded report"

means any report made under ANCRA for which it is determined, after an

investigation, that no credible evidence of the alleged abuse or neglect

exists.

[325 ILCS 5/3]

"Unknown perpetrator"

means a person who caused or is alleged to have caused child abuse or neglect and

whose identity or identifying information has not been determined by the

Department.