(1) Those who are neglected include:
         (a) any minor under 18 years of age or a minor 18
    
years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under subsection (1) of Section 2-10 prior to the minor’s 18th birthday who is not receiving the proper or necessary support, education as required by law, or medical or other remedial care recognized under State law as necessary for a minor’s well-being, or other care necessary for the minor’s well-being, including adequate food, clothing and shelter, or who is abandoned by the minor’s parent or parents or other person or persons responsible for the minor’s welfare, except that a minor shall not be considered neglected for the sole reason that the minor’s parent or parents or other person or persons responsible for the minor’s welfare have left the minor in the care of an adult relative for any period of time, who the parent or parents or other person responsible for the minor’s welfare know is both a mentally capable adult relative and physically capable adult relative, as defined by this Act; or
        (b) any minor under 18 years of age or a minor 18
    
years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under subsection (1) of Section 2-10 prior to the minor’s 18th birthday whose environment is injurious to the minor’s welfare; or
        (c) any newborn infant whose blood, urine, or
    
meconium contains any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substances Act, as now or hereafter amended, or a metabolite of a controlled substance, with the exception of controlled substances or metabolites of such substances, the presence of which in the newborn infant is the result of medical treatment administered to the person who gave birth or the newborn infant; or
        (d) any minor under the age of 14 years whose parent
    
or other person responsible for the minor’s welfare leaves the minor without supervision for an unreasonable period of time without regard for the mental or physical health, safety, or welfare of that minor; or
        (e) any minor who has been provided with interim
    
crisis intervention services under Section 3-5 of this Act and whose parent, guardian, or custodian refuses to permit the minor to return home unless the minor is an immediate physical danger to the minor or others living in the home.
    Whether the minor was left without regard for the mental or physical health, safety, or welfare of that minor or the period of time was unreasonable shall be determined by considering the following factors, including but not limited to:
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Illinois Compiled Statutes 705 ILCS 405/2-3

  • Dependent: A person dependent for support upon another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14

         (1) the age of the minor;
         (2) the number of minors left at the location;
         (3) special needs of the minor, including whether the
    
minor is a person with a physical or mental disability, or otherwise in need of ongoing prescribed medical treatment such as periodic doses of insulin or other medications;
        (4) the duration of time in which the minor was left
    
without supervision;
        (5) the condition and location of the place where the
    
minor was left without supervision;
        (6) the time of day or night when the minor was left
    
without supervision;
        (7) the weather conditions, including whether the
    
minor was left in a location with adequate protection from the natural elements such as adequate heat or light;
        (8) the location of the parent or guardian at the
    
time the minor was left without supervision, the physical distance the minor was from the parent or guardian at the time the minor was without supervision;
        (9) whether the minor’s movement was restricted, or
    
the minor was otherwise locked within a room or other structure;
        (10) whether the minor was given a phone number of a
    
person or location to call in the event of an emergency and whether the minor was capable of making an emergency call;
        (11) whether there was food and other provision left
    
for the minor;
        (12) whether any of the conduct is attributable to
    
economic hardship or illness and the parent, guardian or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the minor;
        (13) the age and physical and mental capabilities of
    
the person or persons who provided supervision for the minor;
        (14) whether the minor was left under the supervision
    
of another person;
        (15) any other factor that would endanger the health
    
and safety of that particular minor.
    A minor shall not be considered neglected for the sole reason that the minor has been relinquished in accordance with the Abandoned Newborn Infant Protection Act.
     (2) Those who are abused include any minor under 18 years of age or a minor 18 years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under subsection (1) of Section 2-10 prior to the minor’s 18th birthday whose parent or immediate family member, or any person responsible for the minor’s welfare, or any person who is in the same family or household as the minor, or any individual residing in the same home as the minor, or a paramour of the minor’s parent:
         (i) inflicts, causes to be inflicted, or allows to be
    
inflicted upon such minor 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;
        (ii) creates a substantial risk of physical injury to
    
such minor by other than accidental means which would be likely to cause death, disfigurement, impairment of emotional health, or loss or impairment of any bodily function;
        (iii) commits or allows to be committed any sex
    
offense against such minor, as such sex offenses are defined in the Criminal Code of 1961 or the Criminal Code of 2012, or in the Wrongs to Children Act, and extending those definitions of sex offenses to include minors under 18 years of age;
        (iv) commits or allows to be committed an act or acts
    
of torture upon such minor;
        (v) inflicts excessive corporal punishment;
         (vi) 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 1961 or the Criminal Code of 2012, upon such minor; or
        (vii) allows, encourages or requires a minor to
    
commit any act of prostitution, as defined in the Criminal Code of 1961 or the Criminal Code of 2012, and extending those definitions to include minors under 18 years of age.
    A minor shall not be considered abused for the sole reason that the minor has been relinquished in accordance with the Abandoned Newborn Infant Protection Act.
     (3) This Section does not apply to a minor who would be included herein solely for the purpose of qualifying for financial assistance for the minor, the minor’s parents, guardian or custodian.
     (4) The changes made by this amendatory Act of the 101st General Assembly apply to a case that is pending on or after the effective date of this amendatory Act of the 101st General Assembly.
  Previous section
Next section  
 Article II Contents