Chicago Police DepartmentSpecial Order S06-04-05
Abused, Neglected, Dependent or Abandoned Children Coming Under Department Control
Issue Date:25 September 2015Effective Date:25 September 2015
Rescinds:17 April 2015 version
Index Category:Processing Persons
I.PURPOSE
This directive:
  • A.sets forth pertinent sections and definitions from relevant statutes including the Abused and Neglected Child Reporting Act (325 ILCS/5), the Juvenile Court Act of 1987 (Abused, Neglected or Dependent Minors) (705 ILCS 405/), and the Illinois Juvenile Court Act, Section 705 ILCS 405/3.
  • B.establishes procedures for the preliminary investigation and required notifications in cases involving abused, neglected, dependent, or abandoned children or Minors Requiring Authoritative Intervention (MRAI).
  • C.provides the appropriate IUCR codes to be used when reporting child dependency incidents.
II.POLICY
In all cases in which a child comes under the control of a Department member, the primary concern will be to safeguard the child's emotional and physical well-being. All members will maintain a sensitive approach in handling these situations to minimize the trauma inherent in child abuse and neglect cases.
III.RELEVANT STATUTES
  • A.(325 ILCS/5) Abused and Neglected Child Reporting Act
  • B.(705 ILCS 405/) Juvenile Court Act of 1987 (Abused, Neglected or Dependent Minors).
IV.DEFINITIONS
The Abused and Neglected Child Reporting Act (325 ILCS 5/) provides the following definitions:
  • A.Child - any person (minor) under the age of 18 years, unless legally emancipated by reason of marriage or entry into a branch of the United States armed services.
  • B.Family member - A parent, brother, sister, grandparent, former spouse, or other family member (whole/half blood, step, or adopted); other relative by blood or marriage including aunt, uncle, niece, nephew, or cousin; foster parent or guardian; any person responsible for the child's welfare within the child's home environment including caregiver in the home; or any individual residing in the same home as the child regardless of duration.
  • C.Adult Resident - any person between the ages of 18 and 22 who resides in any facility licensed by the Department of Children and Family Services under the Child Care Act of 1969. The criteria set forth in the definitions of "abused child" and "neglected child" will be used in determining whether an adult resident is abused or neglected.
  • D.Temporary protective custody - means custody within a hospital or other medical facility or a place previously designated for such custody by the Department of Children and Family Services, subject to review by the court, including a licensed foster home, group home, or other institution; but such place shall not be a jail or other place for the detention of criminal or juvenile offenders.
  • E.Minor Requiring Authoritative Intervention (MRAI) - any minor under 18 years of age who is absent from home without consent of a parent, guardian, or custodian; or is beyond the control of their parent, guardian or custodian under circumstances that present an immediate danger to the minor's safety; and who after 21 days from the date the minor is taken into limited custody, the minor refuses to return home or an agreement cannot be reached between the parties as to placement of the minor.
  • F.Neglected Child - includes:
    • 1.any minor under the age of 18 who is not receiving the proper or necessary support, education as required by law, medical or other remedial care recognized under State law as necessary for a minor's well-being, including adequate food, clothing, and shelter, or who is abandoned by his or her parent(s) or other person(s) responsible for the minor's welfare, except that a minor shall not be considered neglected for the sole reason that the minor's parent(s) or other person(s) responsible for the minor's welfare have left the minor in the care of an adult relative for any period of time, who the parent(s) or other person(s) responsible for the minor's welfare know is both a mentally capable adult relative and physically capable; or
    • 2.any minor whose environment is injurious to his or her welfare; or
    • 3.a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance as defined in subsection (f) of Section 102 of the Illinois Controlled Substance Act or a metabolite thereof, with the exception of controlled substances or metabolites of such substances, the presence of which in the newborn infant is the result of medical treatment administered to the mother or the newborn infant; or
    • 4.any minor under the age of 14 years and 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; or
    • 5.any minor who has been provided with interim crisis intervention services under Section 3-5 of the Abused and Neglected Child Reporting Act, and whose parent, guardian, or custodian refuses to permit the minor to return home (unless the minor is an immediate physical danger to himself, herself, or others living in the home).
    • 6.any minor left without regard for the mental or physical health, safety, or welfare of that minor. Whether or not the period of time during which the child was left alone may be considered unreasonable shall be determined by considering the following factors, including but not limited to:
      • a.the age of the minor;
      • b.the number of minors left at the location;
      • c.special needs of the minor, including whether the minor is physically or mentally handicapped, or otherwise in need of ongoing prescribed medical treatment such as periodic doses of insulin or other medications;
      • d.the duration of time in which the minor was left without supervision;
      • e.the condition and location of the place where the minor was left without supervision;
      • f.the time of day or night when the minor was left without supervision;
      • g.the weather conditions, including whether the minor was left in a location with adequate protection from the natural elements such as adequate heat or light;
      • h.the location of the parent or guardian at the time the minor was left without supervision, the physical distance the minor was from the parent or guardian at the time the minor was without supervision;
      • i.whether the minor's movement was restricted or the minor was otherwise locked within a room or other structure;
      • j.whether the minor was given a phone number of a person or location to call in the event of an emergency and whether the minor was capable of making an emergency call;
      • k.whether there was food and other provisions left for the minor;
      • l.whether any of the conduct is attributable to economic hardship or illness and the parent, guardian, or other person having physical custody of control of the child made a good faith effort to provide for the health and safety of the minor;
      • m.whether the minor was left under the supervision of another person;
      • n.the age and physical and mental capabilities of the person or persons who provided supervision for the minor;
      • o.any other factor that would endanger the health and safety of that particular minor.
    • 7.the child's environment creates a likelihood of harm to the child's health, physical well-being, or welfare.
  • G.Abused Child - any minor under 18 years of age whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent:
    • 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 of physical or emotional health, or loss or impairment of any bodily function;
    • 2.creates a substantial risk of physical injury to such child by other than accidental means which would be likely to cause death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function;
    • 3.commits or allows to be committed any sex offense against such child, as such sex offenses are defined in the Criminal Code of 2012 or in the Wrongs to Children Act, and extending those definition of sex offenses to include children under 18 years of age;
    • 4.commits or allows to be committed an act or acts of torture upon such child;
    • 5.inflicts excessive corporal punishment;
    • 6.commits or allows to be committed the offense of female genital mutilation, as defined in Sections 12-34 of the Criminal Code of 2012, against the child;
    • 7.causes to be sold, transferred, distributed, or given to such child under 18 years of age, a controlled substance unless that substance is dispensed to the child in a manner that complies with a prescription;
    • 8.commits or allows to be committed the offense of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons as defined in Section 10-9 of the Criminal Code of 2012 against the child; or
    • 9.allows, encourages, or requires a minor to commit any act of prostitution, as defined in the Criminal Code of 1961 or the Criminal Code of 2012, and extending those definitions to include minors under 18 years of age.
  • H.Dependent Child - any minor under 18 years of age who:
    • 1.is without a parent, guardian or legal custodian; or
    • 2.is without proper care because of the physical or mental disability of his or her parent, guardian, or custodian; or
    • 3.is without proper medical or other remedial care recognized under State law or other care necessary for his or her well being through no fault, neglect, or lack of concern by his or her parents, guardian, or custodian, provided that no order may be made terminating parental rights, nor may a minor be removed from custody of his or her parents for longer than six months, pursuant to an adjudication as a dependent minor under this subdivision, unless it is found to be in his or her best interest by the court or the case automatically closes as provided under Section 2-31 of this Act; or
    • 4.has a parent, guardian, or legal custodian who with good cause wishes to be relieved of all residual parental rights and responsibilities, guardianship, or custody, and who desires the appointment of a guardian of the person with power to consent to the adoption of the minor under Section 2-29.
  • I.Abandoned Child - A person commits the offense of 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 13 without supervision by a responsible person over the age of 14 for a period of 24 hours or more.
    NOTE:
    Factors listed in Item IV-F-6 may be considered in cases of child abandonment.
  • J.A person does not commit the offenses of child abuse, neglect, or abandonment when he or she relinquishes a child in accordance with the Abandoned Newborn Infant Protection Act (325 ILCS 2/5).
    NOTE:
    The Abandoned Newborn Infant Protection Act designates certain facilities such as police stations, hospitals, fire stations, and emergency medical facilities to function as safe havens where parents may surrender their newborn infant to facility personnel. The infant must be thirty days old or less and not abused or neglected. Department members are to follow the procedures outlined in the Department directive entitled "Abandoned Newborn Infant Protection Act" for procedures for receiving a relinquished infant under this Act.
V.RESPONSIBILITIES AND PROCEDURES
  • A.In cases of child abuse, neglect, or abandonment, the preliminary investigating officer will:
    • 1.take protective custody of the child/victim and render assistance by providing protection and medical treatment as necessary.
    • 2.determine the relationship between the offender and the child/victim to determine the proper classification and investigative responsibility.
    • 3.prepare the appropriate case report to record the facts of the incident.
    • 4.record the name of the notified detective in the case report.
    • 5.request the services of an evidence technician, if necessary, noting the request in the appropriate case report.
    • 6.make the following notifications:
      • a.the Office of Emergency Management and Communications (OEMC).
      • b.the Department of Children and Family Services (DCFS).
      • c.the member's supervisor.
      • d.the appropriate Bureau of Detectives (BOD) Area
      • e.the BOD Special Investigations Unit (SIU) at the Chicago Children's Advocacy Center (CCAC) in cases involving:
        • (1)all sexual abuse/assault cases of children 0 through 12 years of age, and
        • (2)family-related sexual abuse/assault cases of children 0 through 17 years of age.
          NOTE:
          Notifications made Monday - Friday 2300-0800 hours and on weekends from 1600-0800 hours will be made to:
          • (a)the appropriate Bureau of Detectives Area with investigative responsibility for the district of occurrence,
          • (b)the Chicago Children's Advocacy center via their fax number.
  • B.If an incident meets the criteria of human trafficking as defined in the Department directive entitled "Human Trafficking," the follow-up investigative responsibility belongs to the Bureau of Organized Crime.
  • C.Non-Bona-Fide Complaints of Child Abuse, Neglect, or Abandonment from DCFS Hotline
    When an officer has investigated a complaint received from the DCFS Hotline and determines that the alleged abuse, neglect, or abandonment is not bona fide (e.g., "check on children left alone"), the officer will call the toll-free DCFS Hotline (800-252-2873), provide his or her name, star number, radio call identification number, location of complaint, and a brief description of why the incident is not bona fide.
    NOTE:
    The information on non-bona-fide incidents is needed by the DCFS investigators since they are mandated by law to conduct follow-up interviews with anyone who has knowledge of an alleged incident to which they have been assigned.
  • D.In Dependency cases, the preliminary investigating officer will:
    • 1.render assistance to the victim by providing protective custody and medical treatment as necessary.
    • 2.determine the circumstances contributing to the dependent status of the minor child.
      • a.If the dependent status has resulted from non-criminal inability of the parent, guardian, or custodian to provide basic care:
        • (1)prepare a General Offense Case Report:
          IUCR Code: 5080
          Primary Classification: Non-Criminal Incident
          Secondary Classification: Other Non-Criminal Persons;
        • (2)contact the appropriate BOD Area, explaining the pertinent details of the situation; and
        • (3)notify DCFS to initiate emergency assistance.
      • b.If the dependent status has resulted from a "lockout" (the child is not permitted by his parents to remain in the home):
        • (1)take protective custody of the child;
        • (2)notify the appropriate BOD Area for assignment of a detective to interview the parents and the child;
        • (3)if attempts to reunite the parents and child fail, prepare a General Offense Case Report:
          IUCR: 1710
          Primary Classification: Offense Involving Children
          Secondary Classification: Endangering Life/Health Child; and
        • (4)turn the child over to the assigned detective for follow-up investigation and intervention by DCFS
  • E.In Minor Requiring Authoritative Intervention (MRAI) Cases
    Limited Custody
    • 1.Any law enforcement officer may, without a warrant, take into limited custody a minor who is absent from home without the consent of the minor's parent, guardian, or custodian or a minor who is beyond the control of his or her parent, guardian, or custodian, in circumstances which constitute a substantial or immediate danger to the minor's physical safety.
    • 2.The officer may bring one or both parents and the minor to the Bureau of Detectives Area with investigative responsibility for the district of occurrence. The Area detective will conduct a follow-up investigation, mediate with the adult(s) responsible for the minor, and subsequently determine the best course of action for the minor, possibly involving IDCFS.
      • a. Examples of such situations include:
        • (1)a 911 call of a family dispute in which the parent claims to be unable to control the minor and, fearing for the safety and well-being of other children in the home, refuses to allow the minor into the home and asks the officer for social service intervention.
        • (2)a minor who is absent from home, has no key to gain entrance, and whose parent, guardian, or custodian cannot be reached, is brought to the Bureau of Detectives Area with investigative responsibility for the district of occurrence.
      • b.Where no crime has been committed, a Non-Criminal Case Report Concerning Persons will be prepared documenting the officer's actions in taking a minor (and where applicable, his or her parent, guardian, or custodian) to the Bureau of Detectives Area for possible MRAI services.
(Items indicated by italics/double underline were added or revised.)
Authenticated by: KC
Garry F. McCarthy
Superintendent of Police
14-046 CM