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

B. Abused Minor: According to Section 2-3, minors who are abused include any person under 18 years of age whose parent or immediate family member, or any person responsible for the minor’s welfare, or any person who is in the same family or household as the minor, or individual residing in the same home as the minor (including a boyfriend or girlfriend) does the following:

  1. Inflicts, causes to be inflicted, or allows to be inflicted upon such minor physical injury by other than accidental means, which causes death, disfigurement, impairment or physical or emotional health, or loss or impairment of any bodily function;

  2. Creates a substantial risk of physical injury to such minor by other than accidental means which would be likely to cause death, disfigurement, impairment of emotional health, or loss or impairment of any bodily function;

  3. Commits or allows to be committed any sex offense against such a minor, as sex offenses are defined in the Criminal Code, 720 ILCS 5/1, and extending to those definitions of sex offenses to include minors under 18 years of age;

  4. Commits or allows to be committed an act or acts of torture upon such minor; or

  5. Inflicts excessive corporal punishment.

  6. Commits or allows to be committed the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services defined in Section 10-9 of the Criminal Code of 1961, upon such minor; or

  7. allows, encourages or requires a minor to commit any act of prostitution, as defined in the Criminal code of 1961, and extending those to include minors under 18 years of age.
Law Enforcement Officers often question what is considered excessive corporal punishment. Does a parent violate the Illinois Domestic Violence Act if they inflict any type of corporal punishment? According to the Illinois Domestic Violence Act, abuse is defined as physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation. It does not include reasonable direction of a minor child by a parent or person in loco parentis.
    Examples: A parent/guardian repeatedly striking his/her child with a belt would be considered excessive. A parent who repeatedly hits her child with a fist or throws that child into a wall would be considered excessive.
If Officers have questions regarding what constitutes excessive or unreasonable direction of a minor child, they may contact the Illinois Department of Children and Family Services at their hotline phone number of 1-800-25-ABUSE (1-800-252-2873). DCFS assists Law Enforcement Officers 24 hours a day in the investigation of any type of neglect, abuse or dependency.

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