720 ILCS 5/10-10 – Failure to Report the Death or Disappearance of a Child Under 13 Years of Age

720 ILCS 5/10-10 – Failure to Report the Death or Disappearance of a Child Under 13 Years of Age

This law says that parents or guardians must tell the police quickly if a young child dies or goes missing.

This statute makes it a crime for a parent, guardian, or caretaker not to report a child under 13 as missing or dead within the required time. If the child is under 2 years old, the report must be made within one hour. Not reporting can result in a felony charge.

(a) A parent, legal guardian, or caretaker of a child under 13 breaks this law if they know or should know the child is missing or dead and do not report it to the police within 24 hours. For children younger than 2, they must report it within one hour.

(b) If a parent, legal guardian, or caretaker believes a child’s death might have been caused by homicide, accident, or anything suspicious, they must report it to the police department in the county where the body was found.

(c) The Guardianship Administrator of the Department of Children and Family Services does not have to follow these reporting rules personally.

(d) A parent, legal guardian, or caretaker is not guilty of this crime if:

1. The failure to report happens because of an act of God, war, or when police cannot take a missing child report.
2. They called 911 to report the child missing.
3. They know the child is safely with another parent, family member, friend, or babysitter.
4. They are in the hospital, in a coma, or too sick or hurt to make a report.

(e) Sentence: Breaking this law is a Class 4 felony, which can lead to serious penalties.

View the full statute here.

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