What is the Definition of Child Abuse and Neglect in Illinois?

Article written by Illinois Attorney Kevin O’Flaherty

In this article we explain the definitions of child abuse and child neglect in Illinois according to the Abused and Neglected Child Reporting Act (325 ILCS 5/) .

In a previous article, How to Remove a Child From the Parent’s Custody, we explained how to report child abuse or neglect to the DCFS, what types of professionals are responsible for reporting abuse or neglect, the penalties for failing to report, and the process that occurs after child abuse or neglect are reported. We also explained how to directly file a petition to have the State’s attorney remove an abused or neglected child from the parent’s custody.

What is the definition of “child abuse” in Illinois?

Child abuse is defined by the Abused and Neglected Child Reporting Act as follows:

• Inflicting physical injury which causes death, disfigurement, impairment of physical or emotional health, or loss or impairment of any bodily function (Accidents are excluded from the definition of abuse)
• Causing or allowing such injury to be inflicted (as opposed to direct infliction of the injury).
• Creating a substantial risk of such injury;