HB 4305

Abstract

Amends the Juvenile Court Act of 1987. Provides that a neglected minor includes any minor under the age of 12 (rather than 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. Provides that neglect does not include permitting a child, whose basic needs are met and who is of sufficient age and maturity to avoid harm or unreasonable risk of harm, to engage in independent activities, including: (1) traveling to and from school, including by walking, running, or bicycling; (2) traveling to and from nearby commercial or recreational activities; (3) engaging in outdoor play; (4) remaining in a vehicle unattended, except as otherwise provided by law; (5) remaining at home unattended; or (6) engaging in a similar independent activity. Amends the Criminal Code of 2012. Provides that a person commits child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child, without regard for the mental or physical health, safety, or welfare of that child, knowingly leaves that child who is under the age of 12 (rather than 13) without supervision by a responsible person over the age of 14 for a period of 24 hours or more. House Floor Amendment No. 2 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Changes the legislative findings. Provides that a neglected minor includes any minor (rather than a minor under 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. Provides that a minor shall not be considered neglected for the sole reason that the minor was engaged in independent activities, except if the person responsible for the minor's health, safety, or welfare willfully disregards danger that the independent activity poses to the physical or mental health of the minor under circumstances when the danger is sufficiently obvious that no reasonable person would cause or permit the minor to be unsupervised in such a situation given the minor's level of maturity, physical condition, or mental abilities. Provides that factors considered in determining if a minor's needs can be sufficiently met during an independent activity are whether the activity is generally accepted as suitable for minors of the same age or level of maturity, or are developmentally appropriate for a minor based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for the minor's age or age group. Provides that the determination for a specific minor shall also take into account the developmental stage of that minor's cognitive, emotional, and physical development and the minor's behavioral capacities. Amends the Criminal Code of 2012 to change the child abandonment statute. Provides that a person commits child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child, without regard for the mental or physical health, safety, or welfare of that child, knowingly permits a child to engage in independent activities that were unreasonable under the circumstances or for an unreasonable period of time without regard for the minor's mental or physical health, safety or well-being. Provides that for the purposes of this provision, no specific age shall be determinative of reasonableness. Provides that reasonableness shall be determined by the maturity of each individual child (rather than leaves that child who is under the age of 13 without supervision by a responsible person over the age of 14 for a period of 24 hours or more).