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Attorney & Mediator
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What is the Illinois law on child endagerment

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Submitted: 6 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 6 years ago.
Child Endangerment is a broad category and is defined as placing a child in a an abusive or neglectful situation or risk of abuse or neglect . For Illinois child endangerment is specifically classified as child abuse and/or neglect. Below are the laws for each.

Illinois

Child Abuse and Neglect

Definitions of Child Abuse and Neglect

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


Neglect
Citation: Comp. Stat. Ch. 325, § 5/3

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, or otherwise is not receiving the proper or necessary support or medical or other remedial care as necessary for a child's well-being
  • Not receiving other care necessary for his or her well-being, including adequate food, clothing, and shelter
  • A newborn infant whose blood, urine, or meconium contains any amount of a controlled substance or a metabolite thereof


Sexual 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 commits or allows to be committed any sex offense against the child.

Emotional Abuse
Citation: Comp. Stat. Ch. 325, § 5/3

Abused child includes impairment or substantial risk of impairment to the child's emotional health.

Abandonment
Citation: Comp. Stat. Ch. 325, § 5/3

Neglected child includes a child who is abandoned by his or her parents or other person responsible for the child's welfare without a proper plan of care.

Standards for Reporting
Citation: Comp. Stat. Ch. 325, § 5/3

A report is required when a responsible person:
  • Inflicts, causes to be inflicted, or allows to be inflicted harm to the child
  • Creates a substantial risk of injury
  • Commits or allows to be committed a sexual offense against the child


Persons Responsible for the Child
Citation: Comp. Stat. Ch. 325, § 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, institution, or childcare facility
  • Any other person responsible for the child's welfare at the time of the alleged abuse or neglect, including an immediate family member, any person residing in the child's home, or a paramour of the child's parent
  • 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
Citation: Comp. Stat. Ch. 325, § 5/3

A child shall not be considered abused or neglected if:
  • The child is a newborn who has been relinquished in accordance with the Abandoned Newborn Infant Protection Act.
  • The presence of a controlled substance in a child or a newborn is the result of medical treatment.
  • The child has been left in the care of an adult relative.
  • The child's parent relies upon spiritual means through prayer for the treatment of disease.
  • The child is not attending school as required by the School Act.



If you need something specific let me know and I will search to see what I can find.


Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 6 years ago.
I am being accused of child endangerment by my ex-husband. I feed, cloth, shelter my child. I do not use drugs and do not drink. She is always in a carseat and is never left unattended. My home is child proofed. I do not take her and just leave her places. What could I possibly be doing to endanger my child?
Expert:  Attorney & Mediator replied 6 years ago.
Has your ex-husband stated anything about your parenting lately?

Is he just threatening or has he actually reported this to the legal authorities?
Customer: replied 6 years ago.
He mostly brings up the past. He does not know my current friends and is mad that I am pregnant with someone else's baby. He wants me to work on things with him, and is now just threatening. Her daycare has never noticed a problem with me and his mother and I are friends. My daughter is your average healthy, happy 2 year old. She is very attached to my fiance.
Expert:  Attorney & Mediator replied 6 years ago.
By threatening you mean he states that he will report you for child endangerment?

How often would you say he makes these "threats"?
Customer: replied 6 years ago.
He claims that he has evidence and will turn it over to the states attorney and let them press charges on me. The threats come on almost a daily basis. Most of what he is claiming started about 18 months ago and since our divorce was finalized and he signed a parenting agreement that gives us joint custody and joint custodial.
Expert:  Attorney & Mediator replied 6 years ago.
Thank youCustomerfor your response to my questions.

To press charges, he will need concrete evidence to press charges. You cannot be prosecuted without any evidence. As you have read the laws of Illinois there needs to be evidence of abuse or neglect for you to be prosecuted. The police nor the district attorney will waste their time on a case that has no evidence.

If he is repeatedly making these threats to you, these comments may be construed as harassment and you can be eligible to file a restraining order against him.

Harassment in Illinois is defined as:

"Harassment" means knowing conduct which is not necessary to accomplish a purpose that is reasonable under the circumstances; would cause a reasonable person emotional distress; and does cause emotional distress to the petitioner.


Additionally, it appears that he is trying to find some way to take away your custody rights over your child. But right now there is no evidence to charge you with anything. I would strongly suggest you speak with the police for their opinion to see if you qualify for the restraining order. I believe you do, but the police in your local jurisdiction would be able to provide assurances.

Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Expert:  Attorney & Mediator replied 6 years ago.
Let me know if you need further help.

Thanks.

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