UNIT II - ABUSED, NEGLECTED, OR DEPENDENT MINORS (ARTICLE II, 705 ILCS 405/2)

When a minor is left without regard for his/her mental and physical health and safety, or the period of time the minor alone is unreasonable, law enforcement should consider the following factors when determining neglect:

1. The age of minor who was left.


2. What is the number of minors left at a specific location? (Location does not necessarily have to be a residence).


3. Does the minor have special needs because of physical or mental handicaps? Does the minor have need for 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. Location and condition 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. Weather conditions and whether or not the minor was left in a location providing adequate protection from natural elements such as heat and light.


8. Location of the parent or guardian at the time the minor was left without supervision. What was the physical distance between the minor and the parent or guardian when the minor was without supervision?


9. Was the minor’s movement restricted in any way or was he/she locked within a room or other structure?


10. Was the minor was given a phone number of a person or location to call in the event of an emergency and is the minor capable of making that emergency call?


11. Whether food or other provisions were left for the minor.


12. Is any of the conduct attributable to economic hardship or illness?


13. Is the parent, guardian or other person having custody or control of the child making a good faith effort to provide for the health and safety of the minor?


14. What is the age of the person providing supervision for the minor and what are his or her physical and mental capabilities?


15. Was the minor left under the supervision of another person?


16. Are there any other factors which would endanger the health and safety of that particular minor?

Law Enforcement Officers should consider all 15 of these factors if they are investigating situations in which minors are left without supervision for a period of time that Officers may deem to be reasonable.

Note: 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.

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