State Statutes Search - Child Welfare Information Gateway
Illinois definition of child abuse... When reading remember they MUST HAVE PROOF. The grandparents were able to gain custody but specific examples, dates, the older son was able to testify and they had photographs.
You can't prove a case with just he said, she said by neighbors or LE.
Physical Abuse
Citation: Comp. Stat. Ch. 325, § 5/3
'Abused child' means a child whose parent, immediate family member, any person responsible for the child's welfare, any individual residing in the same home as the child, or a paramour of the child's parent:
- Inflicts, causes or allows to be inflicted, or creates a substantial risk of physical injury by other than accidental means that causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function
- Commits or allows to be committed an act or acts of torture upon the child
- Inflicts excessive corporal punishment
- Commits or allows to be committed the offense of female genital mutilation
- Causes a controlled substance to be sold, transferred, distributed, or given to the child under age 18, in violation of the Illinois Controlled Substances Act or Methamphetamine Control and Community Protection Act
- Commits or allows to be committed the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons, as defined in chapter 720, § 5/10-9, against the child
Neglect
Citation: Comp. Stat. Ch. 325, § 5/3
'Neglected child' means any child who:
- Is not receiving proper or necessary nourishment or medically indicated treatment, including food or care, that is not provided solely on the basis of the present or anticipated mental or physical impairment as determined by a physician, or otherwise is not receiving the proper or necessary support or medical or other remedial care as necessary for a child's well-being
- Is not receiving other care necessary for his or her well-being, including adequate food, clothing, and shelter
- Is subjected to an environment that is injurious insofar as:
- The child's environment creates a likelihood of harm to the child's health, physical well-being, or welfare.
- The likely harm to the child is the result of a blatant disregard of parent or caregiver responsibilities.
- Has been provided with interim crisis intervention services under chapter 705, § 405/3-5 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
- Is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance or a metabolite thereof
Initial Screening Decisions. Here is where PROOF comes in...
Citation: Admin. Code Tit. 89, § 300.100
When a report of child abuse or neglect is received, the department shall make an initial investigation to validate whether there is reasonable cause to believe that child abuse or neglect exists. When investigative staff make a determination that there is reasonable cause to believe that child abuse or neglect exists, a formal investigation shall be made.
Investigative staff will use the following criteria to determine whether there is a good faith indication to believe that abuse or neglect exists:
- The alleged victim must be younger than age 18.
- The alleged victim must either have been harmed or be in substantial risk of harm.
- There must be an abusive or neglectful incident or set of circumstances that caused the alleged harm or substantial risk of harm to the child.
- For abuse, the alleged perpetrator must be the child's parent, foster parent, guardian, immediate family member, any individual who resides in the same house as the child, the paramour of the child's parent, or any person responsible for the child's welfare at the time of the alleged abuse.
- For neglect, the alleged perpetrator must be the child's parent, guardian, foster parent, or any person responsible for the child's welfare at the time of the alleged neglect.
If any one of the above criteria is not present, a determination will be made that the report does not provide a good faith indication that child abuse or neglect exists, and the investigation will be terminated. If the above criteria are present, investigative staff will begin a formal investigation.
