{"id":373057,"date":"2017-12-22T15:35:04","date_gmt":"2017-12-22T20:35:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/illinois-law\/illinois-child-neglect-and-abandonment-laws.html"},"modified":"2018-01-17T18:01:10","modified_gmt":"2018-01-17T23:01:10","slug":"illinois-child-neglect-and-abandonment-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/illinois-law\/illinois-child-neglect-and-abandonment-laws.html","title":{"rendered":"Illinois Child Neglect and Abandonment Laws"},"content":{"rendered":"\n
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Illinois Child Neglect and Abandonment Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In the criminal justice system, abuse-related charges are taken very seriously; the offenses that involve child abuse<\/a> are considered especially heinous. There are federal and state laws that help protect children from harm. When these laws are broken, individuals can often face harsh penalties. The laws vary from state to state, but the intent is the same: to ensure that children receive protection from those that harm them physically, psychologically, and emotionally.<\/p>\n

Child Neglect in Illinois<\/h2>\n

The child abuse laws in Illinois<\/a> include mandatory reporting whenever child abuse or neglect is suspected. These reporting requirements<\/a> apply to most professionals in education, health care, social work, and law enforcement. Child abuse typically involves some sort of action such as hitting a child, while neglect is typically passive and involves the failure to provide adequate care for a child. When you neglect a child<\/a>, you ignore their needs and fail to provide basic necessities such as food, shelter, and health care.<\/p>\n

Child Abandonment in Illinois<\/h2>\n

Although they are related, there are differences between child neglect and child abandonment. Both involve ignoring child care duties, but abandonment<\/a> occurs when a parent physically leaves a child. Illinois has separate charges for this offense.<\/p>\n

Illinois Child Neglect and Abandonment Laws at a Glance<\/h2>\n

The chart below provides a summary of laws related to Illinois’ child neglect and abandonment laws, including links to important code sections.<\/p>\n\n

Statutes and Elements of the crime<\/b><\/p>\n<\/td>\n

Child Abandonment<\/i>: 720 ILCS 5\/12C-10<\/a>
\nChild Abandonment; Probation<\/i>:<\/b> 720 ILCS 5\/12C-15<\/a><\/p>\n

A person commits child abandonment when he or she acts without regard for the mental\/physical health and safety of the child and knowingly leaves that child (under the age of 13) without supervision for 24 hours or more (supervision is defined as being in the care of a responsible person over the age of 14).<\/p>\n

To determine whether the child was left without regard for their mental\/physical safety and health, certain factors are considered including:<\/p>\n

Penalties and Sentencing<\/b><\/td>\n
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  • In most instances, child neglect is a misdemeanor.<\/li>\n
  • Child abandonment is a Class 4 felony.<\/li>\n
  • A second or subsequent offense after a prior conviction is a Class 3 felony.<\/li>\n
  • A parent may be sentenced to probation for child abandonment.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Possible Defenses<\/b><\/p>\n<\/td>\n

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  • Safe surrender<\/li>\n
  • Cultural defense<\/li>\n
  • Acting within your right to discipline your child<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Related Offense<\/b><\/p>\n<\/td>\n

Contributing to the Delinquency of a Minor<\/i>: 720 ILCS 5\/12C-30<\/a><\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

Note:<\/i><\/b> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\n

Illinois Child Neglect and Abandonment Laws: Related Resources<\/h2>\n