ILCS » Chapter 705 · Act 405
Illinois Compiled Statutes

705 ILCS 405/2-3 (2026)

Neglected or abused minor

✓ current as of May 2026
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(705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
    Sec. 2-3. Neglected or abused minor.
    (1) Those who are neglected include any minor under 18 years of age or a minor 18 years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under subsection (1) of Section 2-10 prior to the minor's 18th birthday:
        (a) who is not receiving the proper or necessary
    
support, education as required by law, or medical or other remedial care recognized under State law as necessary for a minor's well-being, or other care necessary for the minor's well-being, including adequate food, clothing, and shelter, or who is abandoned by the minor's parent or parents or other person or persons responsible for the minor's welfare, except that a minor shall not be considered neglected for the sole reason that the minor's parent or parents or other person or persons 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 or parents or other person responsible for the minor's welfare know is both a mentally capable adult relative and physically capable adult relative, as defined by this Act; or
        (b) whose environment is injurious to the minor's
    
welfare; or
        (c) who is 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 Substances Act or a metabolite of a controlled substance, 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 person who gave birth or the newborn infant; or
        (d) 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. Whether the minor was left without regard for the mental or physical health, safety, or welfare of that minor or the period of time was unreasonable shall be determined by considering factors including, but not limited to, the following:
            (1) the age of the minor;
            (2) the number of minors left at the location;
            (3) the special needs of the minor, including
        
whether the minor is a person with a physical or mental disability or is otherwise in need of ongoing prescribed medical treatment, such as periodic doses of insulin or other medications;
            (4) the duration of time in which the minor was
        
left without supervision;
            (5) the condition and location of the place where
        
the minor was left without supervision;
            (6) the time of day or night when the minor was
        
left without supervision;
            (7) 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;
            (8) the location of the parent or guardian at the
        
time the minor was left without supervision and the physical distance the minor was from the parent or guardian at the time the minor was without supervision;
            (9) whether the minor's movement was restricted
        
or the minor was otherwise locked within a room or other structure;
            (10) 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;
            (11) whether there was food and other provision
        
left for the minor;
            (12) whether any of the conduct is attributable
        
to economic hardship or illness and the parent, guardian, or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the minor;
            (13) the age and physical and mental capabilities
        
of the person or persons who provided supervision for the minor;
            (14) whether the minor was left under the
        
supervision of another person;
            (15) any other factor that would endanger the
        
health and safety of that particular minor; or
        (e) who has been provided with interim crisis
    
intervention services under Section 3-5 of this Act and whose parent, guardian, or custodian refuses to permit the minor to return home unless the minor is an immediate physical danger to the minor or others living in the home.
    A minor shall not be considered neglected for the sole reason that the minor has been relinquished in accordance with the Abandoned Newborn Infant Protection Act.
    (1.5) 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 unless 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. "Independent activities" includes, but is not limited to:
        (a) traveling to and from school, including by
    
walking, running, or bicycling;
        (b) traveling to and from nearby commercial or
    
recreational facilities;
        (c) engaging in outdoor play;
        (d) remaining in a vehicle unattended, except as
    
otherwise provided by law;
        (e) remaining at home or at a similarly appropriate
    
location unattended; or
        (f) engaging in a similar independent activity alone
    
or with other children.
    In determining whether an independent activity presented unreasonable risk of harm, the court shall consider:
        (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); and
        (3) any other factor the court deems relevant.
    (2) Those who are abused include any minor under 18 years of age or a minor 18 years of age or older for whom the court has made a finding of probable cause to believe that the minor is abused, neglected, or dependent under subsection (1) of Section 2-10 prior to the minor's 18th birthday 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 any individual residing in the same home as the minor, or a paramour of the minor's parent:
        (i) 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;
        (ii) 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;
        (iii) commits or allows to be committed any sex
    
offense against such minor, as such sex offenses are defined in the Criminal Code of 1961 or the Criminal Code of 2012, or in the Wrongs to Children Act, and extending those definitions of sex offenses to include minors under 18 years of age;
        (iv) commits or allows to be committed an act or acts
    
of torture upon such minor;
        (v) inflicts excessive corporal punishment;
        (vi) 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 1961 or the Criminal Code of 2012, upon such minor; or
        (vii) 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.
    A minor shall not be considered abused for the sole reason that the minor has been relinquished in accordance with the Abandoned Newborn Infant Protection Act.
    (3) This Section does not apply to a minor who would be included herein solely for the purpose of qualifying for financial assistance for the minor or the minor's parents, guardian, or custodian.
    (4) The changes made by Public Act 101-79 apply to a case that is pending on or after July 12, 2019 (the effective date of Public Act 101-79).
(Source: P.A. 103-22, eff. 8-8-23; 103-233, eff. 6-30-23; 103-605, eff. 7-1-24.)

    
Notes of Decisions
Cited in 991 cases (591 in the last 5 years), 1993–2026 · leading case: People v. Arthur H., 819 N.E.2d 734 (Ill. 2004).
Sort: Relevance Newest Treatment
People v. Arthur H., 819 N.E.2d 734 (Ill. 2004). · cites it 7× “Finally, in section 2-21 of the Act (705 ILCS 405/2-21(1) (West 2000)), the General Assembly set forth the procedure which the circuit court must follow in conducting an adjudicatory hearing under the Act: "After hearing the evidence the court shall determine whether or not the…”
In re Chelsea H., 2016 IL App (1st) 150560 (Ill. App. Ct. 2016). · cites it 10× “See 705 ILCS 405/2-3(1)(b) (West 2012). The court separately entered an order finding Chelsea neglected due to an injurious environment.”
People v. Arthur H., 789 N.E.2d 890 (Ill. App. Ct. 2003). · cites it 15× “linois Controlled Substances Act, as now or hereafter amended, or a metabolite of a controlled substance, 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…”
In Re D.F., 777 N.E.2d 930 (Ill. 2002). · cites it 4× “In December 1997, the State filed a petition for adjudication of wardship, alleging that the girls were neglected, pursuant to section 2-3(1) of the Juvenile Court Act of 1987 ( 705 ILCS 405/2-3 (1) (West 1996)). In April 1998, respondent admitted and stipulated to the State's…”
In re Tyianna J., 2017 IL App (1st) 162306 (Ill. App. Ct. 2017). · cites it 6× “On April 24, 2015, the State filed a petition for adjudication of wardship and a motion for the appointment of a temporary custodian, asserting that Davion was a neglected and abused minor as defined by section 2-3 of the Act (705 ILCS 405/2-3 (West 2014)). The State noted that…”
In Re Gwynne P., 830 N.E.2d 508 (Ill. 2005). · cites it 4× “An adjudicatory hearing was subsequently held at which the court found that Gwynne was a neglected or abused minor within the meaning of section 2-3 of *513 the Juvenile Court Act of 1987 (705 ILCS 405/2-3 (West 2002)) because her environment was injurious to her welfare (705…”
In re Haley D., 2011 IL 110886 (Ill. 2011). · cites it 4× “As for Ralph, the State averred that he was unfit for just two reasons: (1) because he had “failed to make reasonable efforts to correct the conditions that were the basis for the removal of the child from the parent within nine (9) months after an adjudication of NEGLECTED…”
In re A.S., 2020 IL App (1st) 200560 (Ill. App. Ct. 2020). · cites it 5× “was neglected due to an injurious environment under section 2-3(1)(b) of the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2-3(1)(b) (West 2016)) and abused with a substantial risk of physical injury under section 2-3(2)(ii) of the Juvenile Court Act (705 ILCS…”
In Re Leona W., 888 N.E.2d 72 (Ill. 2008). · cites it 3× “was neglected within the meaning of section 2-3(1)(b) of the Juvenile Court Act (705 ILCS 405/2-3(1)(b) (West 1996)) because her environment was injurious to her welfare.”
In re Davon H., 2015 IL App (1st) 150926 (Ill. App. Ct. 2016). · cites it 3× “(West 2012)), the children were neglected as their environment was injurious to their welfare (705 ILCS 405/2-3(1)(b) (West 2012)) and abused due to a parent or someone in their household or immediate family creating a substantial risk of physical injury to the children “by…”
In re Z.L., 2021 IL 126931 (Ill. 2021). · cites it 2× “asks this court to declare the “injurious environment” category of neglect (705 ILCS 405/2-3(1)(b) (West 2018)) unconstitutionally vague.”
In re AL. S., 2017 IL App (4th) 160737 (Ill. App. Ct. 2017). · cites it 3× “(born April 10, 2015) were neglected children as defined by the Juvenile Court Act of 1987 (Act) (705 ILCS 405/2-3(1)(a), (b) (West 2014)).”
Show all 991 citing cases →
— 705 ILCS 405/2-3(1) — 39 cases
In re Jordyn L., 2016 IL App (1st) 150956 (Ill. App. Ct. 2016).
In Re Df, 748 N.E.2d 271 (Ill. App. Ct. 2001).
In Interest of MK, 649 N.E.2d 74 (Ill. App. Ct. 1995).
People v. Arthur H., 789 N.E.2d 890 (Ill. App. Ct. 2003). “linois Controlled Substances Act, as now or hereafter amended, or a metabolite of a controlled substance, 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…”
In Re Jerome F., 757 N.E.2d 905 (Ill. App. Ct. 2001).
— 705 ILCS 405/2-3(1)(C) — 2 cases
In re J.H.S., 2025 IL App (2d) 250056-U (Ill. App. Ct. 2025).
In re J.H.S., 2025 IL App (2d) 250026-U (Ill. App. Ct. 2025).
— 705 ILCS 405/2-3(1)(a) — 181 cases
In re AL. S., 2017 IL App (4th) 160737 (Ill. App. Ct. 2017). “(born April 10, 2015) were neglected children as defined by the Juvenile Court Act of 1987 (Act) (705 ILCS 405/2-3(1)(a), (b) (West 2014)).”
In re L.S., 2022 IL App (1st) 210824 (Ill. App. Ct. 2022).
People v. Arthur H., 819 N.E.2d 734 (Ill. 2004). “Finally, in section 2-21 of the Act (705 ILCS 405/2-21(1) (West 2000)), the General Assembly set forth the procedure which the circuit court must follow in conducting an adjudicatory hearing under the Act: "After hearing the evidence the court shall determine whether or not the…”
In re Za. G., 2023 IL App (5th) 220793 (Ill. App. Ct. 2023).
In re Tyianna J., 2017 IL App (1st) 162306 (Ill. App. Ct. 2017). “On April 24, 2015, the State filed a petition for adjudication of wardship and a motion for the appointment of a temporary custodian, asserting that Davion was a neglected and abused minor as defined by section 2-3 of the Act (705 ILCS 405/2-3 (West 2014)). The State noted that…”
— 705 ILCS 405/2-3(1)(a)(b) — 2 cases
In re A.T., 2025 IL App (4th) 250755-U (Ill. App. Ct. 2025).
In re M.F.Y., 2021 IL App (1st) 210825-U (Ill. App. Ct. 2021).
— 705 ILCS 405/2-3(1)(b) — 698 cases
People v. Arthur H., 819 N.E.2d 734 (Ill. 2004). “Finally, in section 2-21 of the Act (705 ILCS 405/2-21(1) (West 2000)), the General Assembly set forth the procedure which the circuit court must follow in conducting an adjudicatory hearing under the Act: "After hearing the evidence the court shall determine whether or not the…”
People v. Arthur H., 789 N.E.2d 890 (Ill. App. Ct. 2003). “linois Controlled Substances Act, as now or hereafter amended, or a metabolite of a controlled substance, 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…”
In re Matter of Chance H., 2019 IL App (1st) 180053 (Ill. App. Ct. 2019).
In re A.P., 2012 IL 113875 (Ill. 2012).
In re Davon H., 2015 IL App (1st) 150926 (Ill. App. Ct. 2016). “(West 2012)), the children were neglected as their environment was injurious to their welfare (705 ILCS 405/2-3(1)(b) (West 2012)) and abused due to a parent or someone in their household or immediate family creating a substantial risk of physical injury to the children “by…”
— 705 ILCS 405/2-3(1)(c) — 31 cases
In re Haley D., 2011 IL 110886 (Ill. 2011). “As for Ralph, the State averred that he was unfit for just two reasons: (1) because he had “failed to make reasonable efforts to correct the conditions that were the basis for the removal of the child from the parent within nine (9) months after an adjudication of NEGLECTED…”
In Re Gwynne P., 830 N.E.2d 508 (Ill. 2005). “An adjudicatory hearing was subsequently held at which the court found that Gwynne was a neglected or abused minor within the meaning of section 2-3 of *513 the Juvenile Court Act of 1987 (705 ILCS 405/2-3 (West 2002)) because her environment was injurious to her welfare (705…”
In re P.S., 2021 IL App (5th) 210027 (Ill. App. Ct. 2021).
In Interest of KG, 682 N.E.2d 95 (Ill. App. Ct. 1997).
People v. Edith F., 947 N.E.2d 805 (Ill. App. Ct. 2011).
— 705 ILCS 405/2-3(1)(d) — 14 cases
People v. Arthur H., 819 N.E.2d 734 (Ill. 2004). “Finally, in section 2-21 of the Act (705 ILCS 405/2-21(1) (West 2000)), the General Assembly set forth the procedure which the circuit court must follow in conducting an adjudicatory hearing under the Act: "After hearing the evidence the court shall determine whether or not the…”
People v. Arthur H., 789 N.E.2d 890 (Ill. App. Ct. 2003). “linois Controlled Substances Act, as now or hereafter amended, or a metabolite of a controlled substance, 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…”
In re Tyianna J., 2017 IL App (1st) 162306 (Ill. App. Ct. 2017). “On April 24, 2015, the State filed a petition for adjudication of wardship and a motion for the appointment of a temporary custodian, asserting that Davion was a neglected and abused minor as defined by section 2-3 of the Act (705 ILCS 405/2-3 (West 2014)). The State noted that…”
In Re Jb, 728 N.E.2d 59 (Ill. App. Ct. 2000).
In re Marriage of Prusak, 2020 IL App (3d) 190688 (Ill. App. Ct. 2020).
— 705 ILCS 405/2-3(1)(d)(1) — 2 cases
People v. Arthur H., 789 N.E.2d 890 (Ill. App. Ct. 2003). “linois Controlled Substances Act, as now or hereafter amended, or a metabolite of a controlled substance, 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…”
In Re Jb, 728 N.E.2d 59 (Ill. App. Ct. 2000).
— 705 ILCS 405/2-3(1)(d)(4) — 1 case
In Re Jb, 728 N.E.2d 59 (Ill. App. Ct. 2000).
— 705 ILCS 405/2-3(1)(e)(12) — 2 cases
In re J.T., 2024 IL App (1st) 232041 (Ill. App. Ct. 2024).
In re J.T., 2024 IL App (1st) 232041-U (Ill. App. Ct. 2024).
— 705 ILCS 405/2-3(1)(h) — 1 case
In re Maggie S., 2020 IL App (2d) 190413-U (Ill. App. Ct. 2020).
— 705 ILCS 405/2-3(2) — 10 cases
In Re Jerome F., 757 N.E.2d 905 (Ill. App. Ct. 2001).
In Re Rb, 784 N.E.2d 400 (Ill. App. Ct. 2003).
In Re Gustavo H., 841 N.E.2d 50 (Ill. App. Ct. 2005).
In re: L.S., 2014 IL App (4th) 131119 (Ill. App. Ct. 2014).
In re: L.S., 2014 IL App (4th) 131119 (Ill. App. Ct. 2014).
— 705 ILCS 405/2-3(2)(i) — 57 cases
In re Chelsea H., 2016 IL App (1st) 150560 (Ill. App. Ct. 2016). “See 705 ILCS 405/2-3(1)(b) (West 2012). The court separately entered an order finding Chelsea neglected due to an injurious environment.”
In re Z.L., 2021 IL 126931 (Ill. 2021). “asks this court to declare the “injurious environment” category of neglect (705 ILCS 405/2-3(1)(b) (West 2018)) unconstitutionally vague.”
In re Davon H., 2015 IL App (1st) 150926 (Ill. App. Ct. 2016). “(West 2012)), the children were neglected as their environment was injurious to their welfare (705 ILCS 405/2-3(1)(b) (West 2012)) and abused due to a parent or someone in their household or immediate family creating a substantial risk of physical injury to the children “by…”
In re Juan M., 2012 IL App (1st) 113096 (Ill. App. Ct. 2012).
In Re Faith B., 832 N.E.2d 152 (Ill. 2005).
— 705 ILCS 405/2-3(2)(ii) — 110 cases
In re Tyianna J., 2017 IL App (1st) 162306 (Ill. App. Ct. 2017). “On April 24, 2015, the State filed a petition for adjudication of wardship and a motion for the appointment of a temporary custodian, asserting that Davion was a neglected and abused minor as defined by section 2-3 of the Act (705 ILCS 405/2-3 (West 2014)). The State noted that…”
In Re Leona W., 888 N.E.2d 72 (Ill. 2008). “was neglected within the meaning of section 2-3(1)(b) of the Juvenile Court Act (705 ILCS 405/2-3(1)(b) (West 1996)) because her environment was injurious to her welfare.”
In re A.S., 2020 IL App (1st) 200560 (Ill. App. Ct. 2020). “was neglected due to an injurious environment under section 2-3(1)(b) of the Juvenile Court Act of 1987 (Juvenile Court Act) (705 ILCS 405/2-3(1)(b) (West 2016)) and abused with a substantial risk of physical injury under section 2-3(2)(ii) of the Juvenile Court Act (705 ILCS…”
In Re Gwynne P., 830 N.E.2d 508 (Ill. 2005). “An adjudicatory hearing was subsequently held at which the court found that Gwynne was a neglected or abused minor within the meaning of section 2-3 of *513 the Juvenile Court Act of 1987 (705 ILCS 405/2-3 (West 2002)) because her environment was injurious to her welfare (705…”
In re Z.J., 2020 IL App (2d) 190824 (Ill. App. Ct. 2021).
— 705 ILCS 405/2-3(2)(ii)(iii) — 1 case
In Re Dw, 897 N.E.2d 387 (Ill. App. Ct. 2008).
— 705 ILCS 405/2-3(2)(iii) — 19 cases
In re J.L., 2016 IL App (1st) 152479 (Ill. App. Ct. 2016).
In Re Ap, 688 N.E.2d 642 (Ill. 1997).
In Re Sh, 672 N.E.2d 403 (Ill. App. Ct. 1996).
In Re Alexis H., 929 N.E.2d 552 (Ill. App. Ct. 2010).
In Re Jh, 709 N.E.2d 701 (Ill. App. Ct. 1999).
— 705 ILCS 405/2-3(2)(v) — 10 cases
In Re Cw, 766 N.E.2d 1105 (Ill. 2002).
In re: Shru. R., 2014 IL App (4th) 140275 (Ill. App. Ct. 2014).
In re: Shru. R., 2014 IL App (4th) 140275 (Ill. App. Ct. 2014).
In re N.M., 2020 IL App (4th) 190662-U (Ill. App. Ct. 2020).
In reA.B., 2022 IL App (4th) 220758-U (Ill. App. Ct. 2022).
— 705 ILCS 405/2-3(a) — 3 cases
In Re Aaron R., 902 N.E.2d 171 (Ill. App. Ct. 2009).
In re Z.M., 2023 IL App (2d) 230181-U (Ill. App. Ct. 2023).
In re: Christopher S. (Ill. App. Ct. 2006).
— 705 ILCS 405/2-3(a)(1) — 1 case
In re R.R., 2021 IL App (4th) 200563-U (Ill. App. Ct. 2021).
— 705 ILCS 405/2-3(a)(b) — 1 case
In re Miy. R., 2026 IL App (4th) 260267-U (Ill. App. Ct. 2026).
— 705 ILCS 405/2-3(b) — 8 cases
In Re Lf, 714 N.E.2d 1077 (Ill. App. Ct. 1999).
In re Abel C., 2013 IL App (2d) 130263 (Ill. App. Ct. 2013).
In re Abel C., 2013 IL App (2d) 130263 (Ill. App. Ct. 2013).
In re K.G., 2023 IL App (5th) 230368-U (Ill. App. Ct. 2023).
In re R.S., 2021 IL App (3d) 200536-U (Ill. App. Ct. 2021).
— 705 ILCS 405/2-3(b)(2)(ii) — 1 case
In re K.W., 2026 IL App (1st) 250872-U (Ill. App. Ct. 2026).
— 705 ILCS 405/2-3(c) — 2 cases
In Re Vo, 673 N.E.2d 439 (Ill. App. Ct. 1996).
In Re Jp, 737 N.E.2d 364 (Ill. App. Ct. 2000).
— 705 ILCS 405/2-3(i) — 1 case
In Re Fs, 806 N.E.2d 1087 (Ill. App. Ct. 2004).
— 705 ILCS 405/2-3(ii) — 1 case
In re D.B., 2023 IL App (1st) 230059-U (Ill. App. Ct. 2023).
— 705 ILCS 405/2-3(iii) — 1 case
In re M.D.H., 297 Ill. App. 3d 181 (Ill. App. Ct. 1998).
— 705 ILCS 405/2-3(l)(b) — 2 cases
In Re Tlc, 675 N.E.2d 228 (Ill. App. Ct. 1996).
In re Mark W. (Ill. App. Ct. 2008).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.