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

Recently added in the Illinois Juvenile Court Act, are additional considerations. A minor shall not be considered neglected for the sole reason that the minor's parent or other person responsible for the minor's welfare permits the minor to engage in independent activities.

But if the minor was permitted to engage in independent activities under circumstances presenting unreasonable risk of harm to the minor's mental or physical health, safety, or well-being, then you may consider possible neglect has occurred.

The statute defines what "Independent activities" are and they include (and are not limited to)

  1. traveling to and from school.

  2. traveling to and from nearby commercial or recreational facilities

  3. engaging in outdoor play

  4. remaining in a vehicle unattended, except as otherwise provided by law

  5. remaining at home or at a similarly appropriate location unattended; or

  6. engaging in a similar independent activity alone or with other children
The court will consider in determining whether an independent activity presented unreasonable risk of harm, if
  1. whether the activity is accepted as suitable for minors of the same age, maturity level, and developmental capacity as the involved minor;

  2. the factors listed in items (1) through (15) of paragraph (d) of subsection (1)

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