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1 | AN ACT concerning children. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the Family | |||||||||||||||||||
5 | Recovery Plans Implementation Task Force Act. | |||||||||||||||||||
6 | Section 5. Purpose and policy. It is the policy of this | |||||||||||||||||||
7 | State to serve and advance the best interests and secure the | |||||||||||||||||||
8 | safety and well-being of an infant with prenatal substance | |||||||||||||||||||
9 | exposure, while preserving the family unit whenever the safety | |||||||||||||||||||
10 | of the infant is not jeopardized. | |||||||||||||||||||
11 | It is the intent of the General Assembly to require a | |||||||||||||||||||
12 | coordinated, public health, and service-integrated response by | |||||||||||||||||||
13 | various agencies within this State's health and child welfare | |||||||||||||||||||
14 | systems to address the substance use treatment needs of | |||||||||||||||||||
15 | infants born with prenatal substance exposure, as well as the | |||||||||||||||||||
16 | treatment needs of their caregivers and families, by requiring | |||||||||||||||||||
17 | the development, provision, and monitoring of family recovery | |||||||||||||||||||
18 | plans. | |||||||||||||||||||
19 | Section 10. Findings. The General Assembly finds the | |||||||||||||||||||
20 | following: | |||||||||||||||||||
21 | (1) During pregnancy, substance use is a leading cause | |||||||||||||||||||
22 | of maternal death and is associated with poor birth |
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1 | outcomes, including fetal growth restriction, fetal death, | ||||||
2 | and preterm labor. | ||||||
3 | (2) Pregnant people with substance use disorders are | ||||||
4 | less likely to seek treatment or report substance use due | ||||||
5 | to fear of criminalization, shame, and judgment; they may | ||||||
6 | also avoid seeking care within the health care system due | ||||||
7 | to fear of being reported to the child welfare system and | ||||||
8 | subsequent removal of their children. | ||||||
9 | (3) The American College of Obstetrics and | ||||||
10 | Gynecologists and the Illinois Perinatal Quality | ||||||
11 | Collaborative recommend identifying pregnant people with | ||||||
12 | substance use disorders through universal self-reporting | ||||||
13 | screening, brief intervention, and referral to specialized | ||||||
14 | care for treatment. | ||||||
15 | (4) Pregnant and parenting individuals with a | ||||||
16 | substance use disorder should be encouraged to receive | ||||||
17 | evidence-based treatment and not suffer punitive actions | ||||||
18 | for starting or continuing treatment, including when | ||||||
19 | medications for opioid use disorder are part of the | ||||||
20 | treatment protocol. | ||||||
21 | (5) There is a pressing need for increasing access to | ||||||
22 | evidence-based treatment for substance use disorders and | ||||||
23 | supportive care for families, including the appropriate | ||||||
24 | use of family needs assessments and family recovery plans. | ||||||
25 | (6) The cooperation and coordination of supportive | ||||||
26 | services for pregnant, peripartum, and postpartum |
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1 | individuals and families are essential to help newborns | ||||||
2 | and children and to encourage and support treatment, | ||||||
3 | recovery, and a safe and healthy environment for children | ||||||
4 | and the family. | ||||||
5 | (7) There is a need for a coordinated, public health, | ||||||
6 | and service-integrated response by various agencies in | ||||||
7 | this State's health and child welfare systems to work | ||||||
8 | together to ensure the safety and well-being of infants | ||||||
9 | with prenatal substance exposure and pregnant and birthing | ||||||
10 | people with substance use disorders by developing, | ||||||
11 | implementing, and monitoring a family recovery plan | ||||||
12 | approach that addresses the health and substance use | ||||||
13 | treatment and recovery needs of the infant and affected | ||||||
14 | family or caregiver. | ||||||
15 | Section 15. Composition. The Family Recovery Plan | ||||||
16 | Implementation Task Force is created within the Department of | ||||||
17 | Human Services and shall consist of members appointed as | ||||||
18 | follows: | ||||||
19 | (1) The President of the Senate, or his or her | ||||||
20 | designee, shall appoint: one member of the Senate; one | ||||||
21 | member representing a statewide organization that | ||||||
22 | advocates on behalf of community-based services for | ||||||
23 | children and families; and one member from a statewide | ||||||
24 | organization representing a majority of hospitals. | ||||||
25 | (2) The Senate Minority Leader, or his or her |
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1 | designee, shall appoint: one member of the Senate; one | ||||||
2 | member from an organization conducting quality improvement | ||||||
3 | initiatives to improve perinatal health; one member with | ||||||
4 | relevant lived experience, as recommended by a | ||||||
5 | reproductive justice advocacy organization with expertise | ||||||
6 | in perinatal and infant health and birth equity. | ||||||
7 | (3) The Speaker of the House of Representatives, or | ||||||
8 | his or her designee, shall appoint: one member of the | ||||||
9 | House of Representatives; one member who is a licensed | ||||||
10 | obstetrician-gynecologist, as recommended by a statewide | ||||||
11 | organization representing obstetricians and | ||||||
12 | gynecologists; one member with relevant lived experience, | ||||||
13 | as recommended by a reproductive justice advocacy | ||||||
14 | organization with expertise in perinatal and infant health | ||||||
15 | and birth equity. | ||||||
16 | (4) The House Minority Leader, or his or her designee, | ||||||
17 | shall appoint: one member of the House of Representatives; | ||||||
18 | one member who is a licensed physician specializing in | ||||||
19 | child abuse and neglect, as recommended by a statewide | ||||||
20 | organization representing pediatricians; and one member | ||||||
21 | who is a licensed physician specializing in perinatal | ||||||
22 | substance use disorder treatment, as recommended by a | ||||||
23 | statewide organization representing physicians. | ||||||
24 | (5) The Director of Children and Family Services, or | ||||||
25 | the Director's designee. | ||||||
26 | (6) The Secretary of Human Services, or the |
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1 | Secretary's designee. | ||||||
2 | (7) The Director of Public Health, or the Director's | ||||||
3 | designee. | ||||||
4 | (8) The Cook County Public Guardian, or the Cook | ||||||
5 | County Public Guardian's designee. | ||||||
6 | Section 20. Meetings; co-chairs; administrative support. | ||||||
7 | All members appointed under Section 15 shall serve without | ||||||
8 | compensation. Task Force members shall be appointed within 60 | ||||||
9 | days after the effective date of this Act. The Task Force shall | ||||||
10 | hold its initial meetings within 90 days after the effective | ||||||
11 | date of this Act. The Task Force shall meet at least 4 times a | ||||||
12 | year. A majority of the members of the Task Force shall | ||||||
13 | constitute a quorum. The following individuals shall serve as | ||||||
14 | co-chairs of the Task Force: (i) the physician specializing in | ||||||
15 | perinatal substance use disorder treatment; and (ii) the | ||||||
16 | physician specializing in child abuse and neglect. The | ||||||
17 | Department of Human Services shall provide staff and any | ||||||
18 | necessary administrative and other support to the Task Force. | ||||||
19 | Any data provided by the Departments of Children and Family | ||||||
20 | Services, Human Services, and Public Health to the Task Force | ||||||
21 | shall not contain any personally identifiable information of | ||||||
22 | any clients or families in accordance with applicable | ||||||
23 | confidentiality laws. The Departments shall facilitate the | ||||||
24 | prompt and timely collection and provision of data as | ||||||
25 | requested by or on behalf of the Task Force. |
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1 | The Task Force shall consult with an organization that | ||||||
2 | provides technical assistance to State child welfare systems | ||||||
3 | in developing and implementing the family recovery plans | ||||||
4 | requirement of the federal Child Abuse and Prevention | ||||||
5 | Treatment Act. | ||||||
6 | Section 25. Duties. The Task Force shall: | ||||||
7 | (1) review models of family recovery plans that have | ||||||
8 | been implemented in other states; | ||||||
9 | (2) review research regarding implementation of family | ||||||
10 | recovery plans care; | ||||||
11 | (3) develop recommendations regarding the | ||||||
12 | implementation of a family recovery plan model in | ||||||
13 | Illinois, including developing implementation, | ||||||
14 | monitoring, and reporting plans and identifying any | ||||||
15 | necessary policy, rule, or statutory changes, and | ||||||
16 | identifying any additional healthcare service coverage and | ||||||
17 | reimbursement that would facilitate access to care; | ||||||
18 | (4) review and develop recommendations to replace | ||||||
19 | punitive policies with notification policies requiring | ||||||
20 | health care professionals to notify the Department of | ||||||
21 | Children and Family Services in accordance with Section 7 | ||||||
22 | of the Abused and Neglected Child Reporting Act and | ||||||
23 | Section 106(b)(2)(B)(ii) of the Child Abuse Prevention and | ||||||
24 | Treatment Act (Public Law 93-247) based solely on a | ||||||
25 | positive toxicology screen of the newborn; |
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1 | (5) solicit feedback from stakeholders and advocates | ||||||
2 | to inform Task Force recommendations as necessary, | ||||||
3 | including soliciting feedback from members with experience | ||||||
4 | working in a hospital with licensed obstetrical beds and | ||||||
5 | members with experience from a small and rural or critical | ||||||
6 | access hospital with licensed obstetrical beds. | ||||||
7 | Section 30. Report. The Task Force shall produce and | ||||||
8 | submit its recommendations to the General Assembly and the | ||||||
9 | Governor within one year after the first meeting of the Task | ||||||
10 | Force. | ||||||
11 | Section 35. Repeal. The Task Force is dissolved, and this | ||||||
12 | Act is repealed on, January 1, 2027. | ||||||
13 | Section 105. The Abused and Neglected Child Reporting Act | ||||||
14 | is amended by changing Section 3 and by adding Section 3.5 as | ||||||
15 | follows: | ||||||
16 | (325 ILCS 5/3) (from Ch. 23, par. 2053) | ||||||
17 | Sec. 3. As used in this Act unless the context otherwise | ||||||
18 | requires: | ||||||
19 | "Adult resident" means any person between 18 and 22 years | ||||||
20 | of age who resides in any facility licensed by the Department | ||||||
21 | under the Child Care Act of 1969. For purposes of this Act, the | ||||||
22 | criteria set forth in the definitions of "abused child" and |
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1 | "neglected child" shall be used in determining whether an | ||||||
2 | adult resident is abused or neglected. | ||||||
3 | "Agency" means a child care facility licensed under | ||||||
4 | Section 2.05 or Section 2.06 of the Child Care Act of 1969 and | ||||||
5 | includes a transitional living program that accepts children | ||||||
6 | and adult residents for placement who are in the guardianship | ||||||
7 | of the Department. | ||||||
8 | "Blatant disregard" means an incident where the real, | ||||||
9 | significant, and imminent risk of harm would be so obvious to a | ||||||
10 | reasonable parent or caretaker that it is unlikely that a | ||||||
11 | reasonable parent or caretaker would have exposed the child to | ||||||
12 | the danger without exercising precautionary measures to | ||||||
13 | protect the child from harm. With respect to a person working | ||||||
14 | at an agency in the person's professional capacity with a | ||||||
15 | child or adult resident, "blatant disregard" includes a | ||||||
16 | failure by the person to perform job responsibilities intended | ||||||
17 | to protect the child's or adult resident's health, physical | ||||||
18 | well-being, or welfare, and, when viewed in light of the | ||||||
19 | surrounding circumstances, evidence exists that would cause a | ||||||
20 | reasonable person to believe that the child was neglected. | ||||||
21 | With respect to an agency, "blatant disregard" includes a | ||||||
22 | failure to implement practices that ensure the health, | ||||||
23 | physical well-being, or welfare of the children and adult | ||||||
24 | residents residing in the facility. | ||||||
25 | "CAPTA notification" refers to notification to the | ||||||
26 | Department of an infant who has been born and identified as |
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1 | affected by prenatal substance exposure or a fetal alcohol | ||||||
2 | spectrum disorder as required under the federal Child Abuse | ||||||
3 | Prevention and Treatment Act. | ||||||
4 | "Child" means any person under the age of 18 years, unless | ||||||
5 | legally emancipated by reason of marriage or entry into a | ||||||
6 | branch of the United States armed services. | ||||||
7 | "Department" means Department of Children and Family | ||||||
8 | Services. | ||||||
9 | "Local law enforcement agency" means the police of a city, | ||||||
10 | town, village or other incorporated area or the sheriff of an | ||||||
11 | unincorporated area or any sworn officer of the Illinois State | ||||||
12 | Police. | ||||||
13 | "Abused child" means a child whose parent or immediate | ||||||
14 | family member, or any person responsible for the child's | ||||||
15 | welfare, or any individual residing in the same home as the | ||||||
16 | child, or a paramour of the child's parent: | ||||||
17 | (a) inflicts, causes to be inflicted, or allows to be | ||||||
18 | inflicted upon such child physical injury, by other than | ||||||
19 | accidental means, which causes death, disfigurement, | ||||||
20 | impairment of physical or emotional health, or loss or | ||||||
21 | impairment of any bodily function; | ||||||
22 | (b) creates a substantial risk of physical injury to | ||||||
23 | such child by other than accidental means which would be | ||||||
24 | likely to cause death, disfigurement, impairment of | ||||||
25 | physical or emotional health, or loss or impairment of any | ||||||
26 | bodily function; |
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1 | (c) commits or allows to be committed any sex offense | ||||||
2 | against such child, as such sex offenses are defined in | ||||||
3 | the Criminal Code of 2012 or in the Wrongs to Children Act, | ||||||
4 | and extending those definitions of sex offenses to include | ||||||
5 | children under 18 years of age; | ||||||
6 | (d) commits or allows to be committed an act or acts of | ||||||
7 | torture upon such child; | ||||||
8 | (e) inflicts excessive corporal punishment or, in the | ||||||
9 | case of a person working for an agency who is prohibited | ||||||
10 | from using corporal punishment, inflicts corporal | ||||||
11 | punishment upon a child or adult resident with whom the | ||||||
12 | person is working in the person's professional capacity; | ||||||
13 | (f) commits or allows to be committed the offense of | ||||||
14 | female genital mutilation, as defined in Section 12-34 of | ||||||
15 | the Criminal Code of 2012, against the child; | ||||||
16 | (g) causes to be sold, transferred, distributed, or | ||||||
17 | given to such child under 18 years of age, a controlled | ||||||
18 | substance as defined in Section 102 of the Illinois | ||||||
19 | Controlled Substances Act in violation of Article IV of | ||||||
20 | the Illinois Controlled Substances Act or in violation of | ||||||
21 | the Methamphetamine Control and Community Protection Act, | ||||||
22 | except for controlled substances that are prescribed in | ||||||
23 | accordance with Article III of the Illinois Controlled | ||||||
24 | Substances Act and are dispensed to such child in a manner | ||||||
25 | that substantially complies with the prescription; | ||||||
26 | (h) commits or allows to be committed the offense of |
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1 | involuntary servitude, involuntary sexual servitude of a | ||||||
2 | minor, or trafficking in persons as defined in Section | ||||||
3 | 10-9 of the Criminal Code of 2012 against the child; or | ||||||
4 | (i) commits the offense of grooming, as defined in | ||||||
5 | Section 11-25 of the Criminal Code of 2012, against the | ||||||
6 | child. | ||||||
7 | A child shall not be considered abused for the sole reason | ||||||
8 | that the child has been relinquished in accordance with the | ||||||
9 | Abandoned Newborn Infant Protection Act. | ||||||
10 | "Neglected child" means any child who is not receiving the | ||||||
11 | proper or necessary nourishment or medically indicated | ||||||
12 | treatment including food or care not provided solely on the | ||||||
13 | basis of the present or anticipated mental or physical | ||||||
14 | impairment as determined by a physician acting alone or in | ||||||
15 | consultation with other physicians or otherwise is not | ||||||
16 | receiving the proper or necessary support or medical or other | ||||||
17 | remedial care recognized under State law as necessary for a | ||||||
18 | child's well-being, or other care necessary for the child's | ||||||
19 | well-being, including adequate food, clothing and shelter; or | ||||||
20 | who is subjected to an environment which is injurious insofar | ||||||
21 | as (i) the child's environment creates a likelihood of harm to | ||||||
22 | the child's health, physical well-being, or welfare and (ii) | ||||||
23 | the likely harm to the child is the result of a blatant | ||||||
24 | disregard of parent, caretaker, person responsible for the | ||||||
25 | child's welfare, or agency responsibilities; or who is | ||||||
26 | abandoned by the child's parents or other person responsible |
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1 | for the child's welfare without a proper plan of care; or who | ||||||
2 | has been provided with interim crisis intervention services | ||||||
3 | under Section 3-5 of the Juvenile Court Act of 1987 and whose | ||||||
4 | parent, guardian, or custodian refuses to permit the child to | ||||||
5 | return home and no other living arrangement agreeable to the | ||||||
6 | parent, guardian, or custodian can be made, and the parent, | ||||||
7 | guardian, or custodian has not made any other appropriate | ||||||
8 | living arrangement for the child; or who is a newborn infant | ||||||
9 | whose blood, urine, or meconium contains any amount of a | ||||||
10 | controlled substance as defined in subsection (f) of Section | ||||||
11 | 102 of the Illinois Controlled Substances Act or a metabolite | ||||||
12 | thereof, with the exception of a controlled substance or | ||||||
13 | metabolite thereof whose presence in the newborn infant is the | ||||||
14 | result of medical treatment administered to the person who | ||||||
15 | gave birth or the newborn infant. A child shall not be | ||||||
16 | considered neglected for the sole reason that the child's | ||||||
17 | parent or other person responsible for the child's welfare has | ||||||
18 | left the child in the care of an adult relative for any period | ||||||
19 | of time. A child shall not be considered neglected for the sole | ||||||
20 | reason that the child has been relinquished in accordance with | ||||||
21 | the Abandoned Newborn Infant Protection Act. A child shall not | ||||||
22 | be considered neglected or abused for the sole reason that | ||||||
23 | such child's parent or other person responsible for the | ||||||
24 | child's welfare depends upon spiritual means through prayer | ||||||
25 | alone for the treatment or cure of disease or remedial care as | ||||||
26 | provided under Section 4 of this Act. A child shall not be |
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1 | considered neglected or abused solely because the child is not | ||||||
2 | attending school in accordance with the requirements of | ||||||
3 | Article 26 of The School Code, as amended. | ||||||
4 | "Child Protective Service Unit" means certain specialized | ||||||
5 | State employees of the Department assigned by the Director to | ||||||
6 | perform the duties and responsibilities as provided under | ||||||
7 | Section 7.2 of this Act. | ||||||
8 | "Near fatality" means an act that, as certified by a | ||||||
9 | physician, places the child in serious or critical condition, | ||||||
10 | including acts of great bodily harm inflicted upon children | ||||||
11 | under 13 years of age, and as otherwise defined by Department | ||||||
12 | rule. | ||||||
13 | "Great bodily harm" includes bodily injury which creates a | ||||||
14 | high probability of death, or which causes serious permanent | ||||||
15 | disfigurement, or which causes a permanent or protracted loss | ||||||
16 | or impairment of the function of any bodily member or organ, or | ||||||
17 | other serious bodily harm. | ||||||
18 | "Person responsible for the child's welfare" means the | ||||||
19 | child's parent; guardian; foster parent; relative caregiver; | ||||||
20 | any person responsible for the child's welfare in a public or | ||||||
21 | private residential agency or institution; any person | ||||||
22 | responsible for the child's welfare within a public or private | ||||||
23 | profit or not for profit child care facility; or any other | ||||||
24 | person responsible for the child's welfare at the time of the | ||||||
25 | alleged abuse or neglect, including any person who commits or | ||||||
26 | allows to be committed, against the child, the offense of |
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1 | involuntary servitude, involuntary sexual servitude of a | ||||||
2 | minor, or trafficking in persons for forced labor or services, | ||||||
3 | as provided in Section 10-9 of the Criminal Code of 2012, | ||||||
4 | including, but not limited to, the custodian of the minor, or | ||||||
5 | any person who came to know the child through an official | ||||||
6 | capacity or position of trust, including, but not limited to, | ||||||
7 | health care professionals, educational personnel, recreational | ||||||
8 | supervisors, members of the clergy, and volunteers or support | ||||||
9 | personnel in any setting where children may be subject to | ||||||
10 | abuse or neglect. | ||||||
11 | "Temporary protective custody" means custody within a | ||||||
12 | hospital or other medical facility or a place previously | ||||||
13 | designated for such custody by the Department, subject to | ||||||
14 | review by the Court, including a licensed foster home, group | ||||||
15 | home, or other institution; but such place shall not be a jail | ||||||
16 | or other place for the detention of criminal or juvenile | ||||||
17 | offenders. | ||||||
18 | "An unfounded report" means any report made under this Act | ||||||
19 | for which it is determined after an investigation that no | ||||||
20 | credible evidence of abuse or neglect exists. | ||||||
21 | "An indicated report" means a report made under this Act | ||||||
22 | if an investigation determines that credible evidence of the | ||||||
23 | alleged abuse or neglect exists. | ||||||
24 | "An undetermined report" means any report made under this | ||||||
25 | Act in which it was not possible to initiate or complete an | ||||||
26 | investigation on the basis of information provided to the |
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1 | Department. | ||||||
2 | "Subject of report" means any child reported to the | ||||||
3 | central register of child abuse and neglect established under | ||||||
4 | Section 7.7 of this Act as an alleged victim of child abuse or | ||||||
5 | neglect and the parent or guardian of the alleged victim or | ||||||
6 | other person responsible for the alleged victim's welfare who | ||||||
7 | is named in the report or added to the report as an alleged | ||||||
8 | perpetrator of child abuse or neglect. | ||||||
9 | "Perpetrator" means a person who, as a result of | ||||||
10 | investigation, has been determined by the Department to have | ||||||
11 | caused child abuse or neglect. | ||||||
12 | "Member of the clergy" means a clergyperson or | ||||||
13 | practitioner of any religious denomination accredited by the | ||||||
14 | religious body to which the clergyperson or practitioner | ||||||
15 | belongs. | ||||||
16 | (Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21; | ||||||
17 | 102-813, eff. 5-13-22; 103-22, eff. 8-8-23.) | ||||||
18 | (325 ILCS 5/3.5 new) | ||||||
19 | Sec. 3.5. CAPTA notification. The Department shall develop | ||||||
20 | a standardized CAPTA notification form that is separate and | ||||||
21 | distinct from the form for written confirmation reports of | ||||||
22 | child abuse or neglect as described in Section 7 of this Act. A | ||||||
23 | CAPTA notification shall not be treated as a report of | ||||||
24 | suspected child abuse or neglect under this Act. CAPTA | ||||||
25 | notifications shall not be recorded in the State Central |
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1 | Registry and shall not be discoverable or admissible as | ||||||
2 | evidence in any proceeding pursuant to the Juvenile Court Act | ||||||
3 | of 1987 or the Adoption Act unless the named party waives his | ||||||
4 | or her right to confidentiality in writing. | ||||||
5 | (325 ILCS 5/4.4 rep.) | ||||||
6 | Section 110. The Abused and Neglected Child Reporting Act | ||||||
7 | is amended by repealing Section 4.4. | ||||||
8 | Section 115. The Juvenile Court Act of 1987 is amended by | ||||||
9 | changing Sections 2-3 and 2-18 as follows: | ||||||
10 | (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) | ||||||
11 | Sec. 2-3. Neglected or abused minor. | ||||||
12 | (1) Those who are neglected include any minor under 18 | ||||||
13 | years of age or a minor 18 years of age or older for whom the | ||||||
14 | court has made a finding of probable cause to believe that the | ||||||
15 | minor is abused, neglected, or dependent under subsection (1) | ||||||
16 | of Section 2-10 prior to the minor's 18th birthday: | ||||||
17 | (a) who is not receiving the proper or necessary | ||||||
18 | support, education as required by law, or medical or other | ||||||
19 | remedial care recognized under State law as necessary for | ||||||
20 | a minor's well-being, or other care necessary for the | ||||||
21 | minor's well-being, including adequate food, clothing , and | ||||||
22 | shelter, or who is abandoned by the minor's parent or | ||||||
23 | parents or other person or persons responsible for the |
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1 | minor's welfare, except that a minor shall not be | ||||||
2 | considered neglected for the sole reason that the minor's | ||||||
3 | parent or parents or other person or persons responsible | ||||||
4 | for the minor's welfare have left the minor in the care of | ||||||
5 | an adult relative for any period of time, who the parent or | ||||||
6 | parents or other person responsible for the minor's | ||||||
7 | welfare know is both a mentally capable adult relative and | ||||||
8 | physically capable adult relative, as defined by this Act; | ||||||
9 | or | ||||||
10 | (b) whose environment is injurious to the minor's | ||||||
11 | welfare; or | ||||||
12 | (c) (blank) any newborn infant whose blood, urine, or | ||||||
13 | meconium contains any amount of a controlled substance as | ||||||
14 | defined in subsection (f) of Section 102 of the Illinois | ||||||
15 | Controlled Substances Act, as now or hereafter amended, or | ||||||
16 | a metabolite of a controlled substance, with the exception | ||||||
17 | of controlled substances or metabolites of such | ||||||
18 | substances, the presence of which in the newborn infant is | ||||||
19 | the result of medical treatment administered to the person | ||||||
20 | who gave birth or the newborn infant ; or | ||||||
21 | (d) any minor whose parent or other person responsible | ||||||
22 | for the minor's welfare leaves the minor without | ||||||
23 | supervision for an unreasonable period of time without | ||||||
24 | regard for the mental or physical health, safety, or | ||||||
25 | welfare of that minor. Whether the minor was left without | ||||||
26 | regard for the mental or physical health, safety, or |
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1 | welfare of that minor or the period of time was | ||||||
2 | unreasonable shall be determined by considering the | ||||||
3 | following factors , including, but not limited to , the | ||||||
4 | following : | ||||||
5 | (1) the age of the minor; | ||||||
6 | (2) the number of minors left at the location; | ||||||
7 | (3) the special needs of the minor, including | ||||||
8 | whether the minor is a person with a physical or mental | ||||||
9 | disability , or is otherwise in need of ongoing | ||||||
10 | prescribed medical treatment , such as periodic doses | ||||||
11 | of insulin or other medications; | ||||||
12 | (4) the duration of time in which the minor was | ||||||
13 | left without supervision; | ||||||
14 | (5) the condition and location of the place where | ||||||
15 | the minor was left without supervision; | ||||||
16 | (6) the time of day or night when the minor was | ||||||
17 | left without supervision; | ||||||
18 | (7) the weather conditions, including whether the | ||||||
19 | minor was left in a location with adequate protection | ||||||
20 | from the natural elements , such as adequate heat or | ||||||
21 | light; | ||||||
22 | (8) the location of the parent or guardian at the | ||||||
23 | time the minor was left without supervision and , the | ||||||
24 | physical distance the minor was from the parent or | ||||||
25 | guardian at the time the minor was without | ||||||
26 | supervision; |
| |||||||
| |||||||
1 | (9) whether the minor's movement was restricted , | ||||||
2 | or the minor was otherwise locked within a room or | ||||||
3 | other structure; | ||||||
4 | (10) whether the minor was given a phone number of | ||||||
5 | a person or location to call in the event of an | ||||||
6 | emergency and whether the minor was capable of making | ||||||
7 | an emergency call; | ||||||
8 | (11) whether there was food and other provision | ||||||
9 | left for the minor; | ||||||
10 | (12) whether any of the conduct is attributable to | ||||||
11 | economic hardship or illness and the parent, guardian , | ||||||
12 | or other person having physical custody or control of | ||||||
13 | the child made a good faith effort to provide for the | ||||||
14 | health and safety of the minor; | ||||||
15 | (13) the age and physical and mental capabilities | ||||||
16 | of the person or persons who provided supervision for | ||||||
17 | the minor; | ||||||
18 | (14) whether the minor was left under the | ||||||
19 | supervision of another person; | ||||||
20 | (15) any other factor that would endanger the | ||||||
21 | health and safety of that particular minor; or | ||||||
22 | (e) any minor who has been provided with interim | ||||||
23 | crisis intervention services under Section 3-5 of this Act | ||||||
24 | and whose parent, guardian, or custodian refuses to permit | ||||||
25 | the minor to return home unless the minor is an immediate | ||||||
26 | physical danger to the minor or others living in the home. |
| |||||||
| |||||||
1 | A minor shall not be considered neglected for the sole | ||||||
2 | reason that the minor has been relinquished in accordance with | ||||||
3 | the Abandoned Newborn Infant Protection Act. | ||||||
4 | (1.5) A minor shall not be considered neglected for the | ||||||
5 | sole reason that the minor's parent or other person | ||||||
6 | responsible for the minor's welfare permits the minor to | ||||||
7 | engage in independent activities unless the minor was | ||||||
8 | permitted to engage in independent activities under | ||||||
9 | circumstances presenting unreasonable risk of harm to the | ||||||
10 | minor's mental or physical health, safety, or well-being. | ||||||
11 | "Independent activities" includes, but is not limited to: | ||||||
12 | (a) traveling to and from school , including by | ||||||
13 | walking, running, or bicycling; | ||||||
14 | (b) traveling to and from nearby commercial or | ||||||
15 | recreational facilities; | ||||||
16 | (c) engaging in outdoor play; | ||||||
17 | (d) remaining in a vehicle unattended, except as | ||||||
18 | otherwise provided by law; | ||||||
19 | (e) remaining at home or at a similarly appropriate | ||||||
20 | location unattended; or | ||||||
21 | (f) engaging in a similar independent activity alone | ||||||
22 | or with other children. | ||||||
23 | In determining whether an independent activity presented | ||||||
24 | unreasonable risk of harm, the court shall consider: | ||||||
25 | (1) whether the activity is accepted as suitable for | ||||||
26 | minors of the same age, maturity level, and developmental |
| |||||||
| |||||||
1 | capacity as the involved minor; | ||||||
2 | (2) the factors listed in items (1) through (15) of | ||||||
3 | paragraph (d) of subsection (1); and | ||||||
4 | (3) any other factor the court deems relevant. | ||||||
5 | (2) Those who are abused include any minor under 18 years | ||||||
6 | of age or a minor 18 years of age or older for whom the court | ||||||
7 | has made a finding of probable cause to believe that the minor | ||||||
8 | is abused, neglected, or dependent under subsection (1) of | ||||||
9 | Section 2-10 prior to the minor's 18th birthday whose parent | ||||||
10 | or immediate family member, or any person responsible for the | ||||||
11 | minor's welfare, or any person who is in the same family or | ||||||
12 | household as the minor, or any individual residing in the same | ||||||
13 | home as the minor, or a paramour of the minor's parent: | ||||||
14 | (i) inflicts, causes to be inflicted, or allows to be | ||||||
15 | inflicted upon such minor physical injury, by other than | ||||||
16 | accidental means, which causes death, disfigurement, | ||||||
17 | impairment of physical or emotional health, or loss or | ||||||
18 | impairment of any bodily function; | ||||||
19 | (ii) creates a substantial risk of physical injury to | ||||||
20 | such minor by other than accidental means which would be | ||||||
21 | likely to cause death, disfigurement, impairment of | ||||||
22 | emotional health, or loss or impairment of any bodily | ||||||
23 | function; | ||||||
24 | (iii) commits or allows to be committed any sex | ||||||
25 | offense against such minor, as such sex offenses are | ||||||
26 | defined in the Criminal Code of 1961 or the Criminal Code |
| |||||||
| |||||||
1 | of 2012, or in the Wrongs to Children Act, and extending | ||||||
2 | those definitions of sex offenses to include minors under | ||||||
3 | 18 years of age; | ||||||
4 | (iv) commits or allows to be committed an act or acts | ||||||
5 | of torture upon such minor; | ||||||
6 | (v) inflicts excessive corporal punishment; | ||||||
7 | (vi) commits or allows to be committed the offense of | ||||||
8 | involuntary servitude, involuntary sexual servitude of a | ||||||
9 | minor, or trafficking in persons as defined in Section | ||||||
10 | 10-9 of the Criminal Code of 1961 or the Criminal Code of | ||||||
11 | 2012, upon such minor; or | ||||||
12 | (vii) allows, encourages , or requires a minor to | ||||||
13 | commit any act of prostitution, as defined in the Criminal | ||||||
14 | Code of 1961 or the Criminal Code of 2012, and extending | ||||||
15 | those definitions to include minors under 18 years of age. | ||||||
16 | A minor shall not be considered abused for the sole reason | ||||||
17 | that the minor has been relinquished in accordance with the | ||||||
18 | Abandoned Newborn Infant Protection Act. | ||||||
19 | (3) This Section does not apply to a minor who would be | ||||||
20 | included herein solely for the purpose of qualifying for | ||||||
21 | financial assistance for the minor or , the minor's parents, | ||||||
22 | guardian , or custodian. | ||||||
23 | (4) The changes made by Public Act 101-79 this amendatory | ||||||
24 | Act of the 101st General Assembly apply to a case that is | ||||||
25 | pending on or after July 12, 2019 ( the effective date of Public | ||||||
26 | Act 101-79) this amendatory Act of the 101st General Assembly . |
| |||||||
| |||||||
1 | (5) The changes made by this amendatory Act of the 103rd | ||||||
2 | General Assembly apply to a petition that is filed on or after | ||||||
3 | January 1, 2025. | ||||||
4 | (Source: P.A. 103-22, eff. 8-8-23; 103-233, eff. 6-30-23; | ||||||
5 | revised 8-30-23.) | ||||||
6 | (705 ILCS 405/2-18) (from Ch. 37, par. 802-18) | ||||||
7 | Sec. 2-18. Evidence. | ||||||
8 | (1) At the adjudicatory hearing, the court shall first | ||||||
9 | consider only the question whether the minor is abused, | ||||||
10 | neglected or dependent. The standard of proof and the rules of | ||||||
11 | evidence in the nature of civil proceedings in this State are | ||||||
12 | applicable to proceedings under this Article. If the petition | ||||||
13 | also seeks the appointment of a guardian of the person with | ||||||
14 | power to consent to adoption of the minor under Section 2-29, | ||||||
15 | the court may also consider legally admissible evidence at the | ||||||
16 | adjudicatory hearing that one or more grounds of unfitness | ||||||
17 | exists under subdivision D of Section 1 of the Adoption Act. | ||||||
18 | (2) In any hearing under this Act, the following shall | ||||||
19 | constitute prima facie evidence of abuse or neglect, as the | ||||||
20 | case may be: | ||||||
21 | (a) proof that a minor has a medical diagnosis of | ||||||
22 | battered child syndrome is prima facie evidence of abuse; | ||||||
23 | (b) proof that a minor has a medical diagnosis of | ||||||
24 | failure to thrive syndrome is prima facie evidence of | ||||||
25 | neglect; |
| |||||||
| |||||||
1 | (c) (blank) proof that a minor has a medical diagnosis | ||||||
2 | of fetal alcohol syndrome is prima facie evidence of | ||||||
3 | neglect ; | ||||||
4 | (d) (blank) proof that a minor has a medical diagnosis | ||||||
5 | at birth of withdrawal symptoms from narcotics or | ||||||
6 | barbiturates is prima facie evidence of neglect ; | ||||||
7 | (e) proof of injuries sustained by a minor or of the | ||||||
8 | condition of a minor of such a nature as would ordinarily | ||||||
9 | not be sustained or exist except by reason of the acts or | ||||||
10 | omissions of the parent, custodian or guardian of such | ||||||
11 | minor shall be prima facie evidence of abuse or neglect, | ||||||
12 | as the case may be; | ||||||
13 | (f) proof that a parent, custodian or guardian of a | ||||||
14 | minor repeatedly used a drug, to the extent that it has or | ||||||
15 | would ordinarily have the effect of producing in the user | ||||||
16 | a substantial state of stupor, unconsciousness, | ||||||
17 | intoxication, hallucination, disorientation or | ||||||
18 | incompetence, or a substantial impairment of judgment, or | ||||||
19 | a substantial manifestation of irrationality, shall be | ||||||
20 | prima facie evidence of neglect; | ||||||
21 | (g) proof that a parent, custodian, or guardian of a | ||||||
22 | minor repeatedly used a controlled substance, as defined | ||||||
23 | in subsection (f) of Section 102 of the Illinois | ||||||
24 | Controlled Substances Act, in the presence of the minor or | ||||||
25 | a sibling of the minor is prima facie evidence of neglect. | ||||||
26 | "Repeated use", for the purpose of this subsection, means |
| |||||||
| |||||||
1 | more than one use of a controlled substance as defined in | ||||||
2 | subsection (f) of Section 102 of the Illinois Controlled | ||||||
3 | Substances Act; | ||||||
4 | (h) (blank) proof that a newborn infant's blood, | ||||||
5 | urine, or meconium contains any amount of a controlled | ||||||
6 | substance as defined in subsection (f) of Section 102 of | ||||||
7 | the Illinois Controlled Substances Act, or a metabolite of | ||||||
8 | a controlled substance, with the exception of controlled | ||||||
9 | substances or metabolites of those substances, the | ||||||
10 | presence of which is the result of medical treatment | ||||||
11 | administered to the mother or the newborn, is prime facie | ||||||
12 | evidence of neglect ; | ||||||
13 | (i) proof that a minor was present in a structure or | ||||||
14 | vehicle in which the minor's parent, custodian, or | ||||||
15 | guardian was involved in the manufacture of | ||||||
16 | methamphetamine constitutes prima facie evidence of abuse | ||||||
17 | and neglect; | ||||||
18 | (j) proof that a parent, custodian, or guardian of a | ||||||
19 | minor allows, encourages, or requires a minor to perform, | ||||||
20 | offer, or agree to perform any act of sexual penetration | ||||||
21 | as defined in Section 11-0.1 of the Criminal Code of 2012 | ||||||
22 | for any money, property, token, object, or article or | ||||||
23 | anything of value, or any touching or fondling of the sex | ||||||
24 | organs of one person by another person, for any money, | ||||||
25 | property, token, object, or article or anything of value, | ||||||
26 | for the purpose of sexual arousal or gratification, |
| |||||||
| |||||||
1 | constitutes prima facie evidence of abuse and neglect; | ||||||
2 | (k) proof that a parent, custodian, or guardian of a | ||||||
3 | minor commits or allows to be committed the offense of | ||||||
4 | involuntary servitude, involuntary sexual servitude of a | ||||||
5 | minor, or trafficking in persons as defined in Section | ||||||
6 | 10-9 of the Criminal Code of 1961 or the Criminal Code of | ||||||
7 | 2012, upon such minor, constitutes prima facie evidence of | ||||||
8 | abuse and neglect. | ||||||
9 | (3) In any hearing under this Act, proof of the abuse, | ||||||
10 | neglect or dependency of one minor shall be admissible | ||||||
11 | evidence on the issue of the abuse, neglect or dependency of | ||||||
12 | any other minor for whom the respondent is responsible. | ||||||
13 | (4) (a) Any writing, record, photograph or x-ray of any | ||||||
14 | hospital or public or private agency, whether in the form of an | ||||||
15 | entry in a book or otherwise, made as a memorandum or record of | ||||||
16 | any condition, act, transaction, occurrence or event relating | ||||||
17 | to a minor in an abuse, neglect or dependency proceeding, | ||||||
18 | shall be admissible in evidence as proof of that condition, | ||||||
19 | act, transaction, occurrence or event, if the court finds that | ||||||
20 | the document was made in the regular course of the business of | ||||||
21 | the hospital or agency at the time of the act, transaction, | ||||||
22 | occurrence or event, or within a reasonable time thereafter. A | ||||||
23 | certification by the head or responsible employee or agent of | ||||||
24 | the hospital or agency having knowledge of the creation and | ||||||
25 | maintenance of or of the matters stated in the writing, | ||||||
26 | record, photograph or x-ray attesting that the document is the |
| |||||||
| |||||||
1 | full and complete record of the condition, act, transaction, | ||||||
2 | occurrence or event and that it satisfies the conditions of | ||||||
3 | this paragraph shall be prima facie evidence of the facts | ||||||
4 | contained in such certification. All other circumstances of | ||||||
5 | the making of the memorandum, record, photograph or x-ray, | ||||||
6 | including lack of personal knowledge of the maker, may be | ||||||
7 | proved to affect the weight to be accorded such evidence, but | ||||||
8 | shall not affect its admissibility. | ||||||
9 | (b) Any indicated report filed pursuant to the Abused and | ||||||
10 | Neglected Child Reporting Act shall be admissible in evidence. | ||||||
11 | (c) Previous statements made by the minor relating to any | ||||||
12 | allegations of abuse or neglect shall be admissible in | ||||||
13 | evidence. However, no such statement, if uncorroborated and | ||||||
14 | not subject to cross-examination, shall be sufficient in | ||||||
15 | itself to support a finding of abuse or neglect. | ||||||
16 | (d) There shall be a rebuttable presumption that a minor | ||||||
17 | is competent to testify in abuse or neglect proceedings. The | ||||||
18 | court shall determine how much weight to give to the minor's | ||||||
19 | testimony, and may allow the minor to testify in chambers with | ||||||
20 | only the court, the court reporter and attorneys for the | ||||||
21 | parties present. | ||||||
22 | (e) The privileged character of communication between any | ||||||
23 | professional person and patient or client, except privilege | ||||||
24 | between attorney and client, shall not apply to proceedings | ||||||
25 | subject to this Article. | ||||||
26 | (f) Proof of the impairment of emotional health or |
| |||||||
| |||||||
1 | impairment of mental or emotional condition as a result of the | ||||||
2 | failure of the respondent to exercise a minimum degree of care | ||||||
3 | toward a minor may include competent opinion or expert | ||||||
4 | testimony, and may include proof that such impairment lessened | ||||||
5 | during a period when the minor was in the care, custody or | ||||||
6 | supervision of a person or agency other than the respondent. | ||||||
7 | (5) In any hearing under this Act alleging neglect for | ||||||
8 | failure to provide education as required by law under | ||||||
9 | subsection (1) of Section 2-3, proof that a minor under 13 | ||||||
10 | years of age who is subject to compulsory school attendance | ||||||
11 | under the School Code is a chronic truant as defined under the | ||||||
12 | School Code shall be prima facie evidence of neglect by the | ||||||
13 | parent or guardian in any hearing under this Act and proof that | ||||||
14 | a minor who is 13 years of age or older who is subject to | ||||||
15 | compulsory school attendance under the School Code is a | ||||||
16 | chronic truant shall raise a rebuttable presumption of neglect | ||||||
17 | by the parent or guardian. This subsection (5) shall not apply | ||||||
18 | in counties with 2,000,000 or more inhabitants. | ||||||
19 | (6) In any hearing under this Act, the court may take | ||||||
20 | judicial notice of prior sworn testimony or evidence admitted | ||||||
21 | in prior proceedings involving the same minor if (a) the | ||||||
22 | parties were either represented by counsel at such prior | ||||||
23 | proceedings or the right to counsel was knowingly waived and | ||||||
24 | (b) the taking of judicial notice would not result in | ||||||
25 | admitting hearsay evidence at a hearing where it would | ||||||
26 | otherwise be prohibited. |
| |||||||
| |||||||
1 | (7) The changes made by this amendatory Act of the 103rd | ||||||
2 | General Assembly apply to a petition that is filed on or after | ||||||
3 | January 1, 2025. | ||||||
4 | (Source: P.A. 103-124, eff. 1-1-24 .) | ||||||
5 | Section 120. The Adoption Act is amended by changing | ||||||
6 | Section 1 as follows: | ||||||
7 | (750 ILCS 50/1) (from Ch. 40, par. 1501) | ||||||
8 | Sec. 1. Definitions. When used in this Act, unless the | ||||||
9 | context otherwise requires: | ||||||
10 | A. "Child" means a person under legal age subject to | ||||||
11 | adoption under this Act. | ||||||
12 | B. "Related child" means a child subject to adoption where | ||||||
13 | either or both of the adopting parents stands in any of the | ||||||
14 | following relationships to the child by blood, marriage, | ||||||
15 | adoption, or civil union: parent, grand-parent, | ||||||
16 | great-grandparent, brother, sister, step-parent, | ||||||
17 | step-grandparent, step-brother, step-sister, uncle, aunt, | ||||||
18 | great-uncle, great-aunt, first cousin, or second cousin. A | ||||||
19 | person is related to the child as a first cousin or second | ||||||
20 | cousin if they are both related to the same ancestor as either | ||||||
21 | grandchild or great-grandchild. A child whose parent has | ||||||
22 | executed a consent to adoption, a surrender, or a waiver | ||||||
23 | pursuant to Section 10 of this Act or whose parent has signed a | ||||||
24 | denial of paternity pursuant to Section 12 of the Vital |
| |||||||
| |||||||
1 | Records Act or Section 12a of this Act, or whose parent has had | ||||||
2 | his or her parental rights terminated, is not a related child | ||||||
3 | to that person, unless (1) the consent is determined to be void | ||||||
4 | or is void pursuant to subsection O of Section 10 of this Act; | ||||||
5 | or (2) the parent of the child executed a consent to adoption | ||||||
6 | by a specified person or persons pursuant to subsection A-1 of | ||||||
7 | Section 10 of this Act and a court of competent jurisdiction | ||||||
8 | finds that such consent is void; or (3) the order terminating | ||||||
9 | the parental rights of the parent is vacated by a court of | ||||||
10 | competent jurisdiction. | ||||||
11 | C. "Agency" for the purpose of this Act means a public | ||||||
12 | child welfare agency or a licensed child welfare agency. | ||||||
13 | D. "Unfit person" means any person whom the court shall | ||||||
14 | find to be unfit to have a child, without regard to the | ||||||
15 | likelihood that the child will be placed for adoption. The | ||||||
16 | grounds of unfitness are any one or more of the following, | ||||||
17 | except that a person shall not be considered an unfit person | ||||||
18 | for the sole reason that the person has relinquished a child in | ||||||
19 | accordance with the Abandoned Newborn Infant Protection Act: | ||||||
20 | (a) Abandonment of the child. | ||||||
21 | (a-1) Abandonment of a newborn infant in a hospital. | ||||||
22 | (a-2) Abandonment of a newborn infant in any setting | ||||||
23 | where the evidence suggests that the parent intended to | ||||||
24 | relinquish his or her parental rights. | ||||||
25 | (b) Failure to maintain a reasonable degree of | ||||||
26 | interest, concern or responsibility as to the child's |
| |||||||
| |||||||
1 | welfare. | ||||||
2 | (c) Desertion of the child for more than 3 months next | ||||||
3 | preceding the commencement of the Adoption proceeding. | ||||||
4 | (d) Substantial neglect of the child if continuous or | ||||||
5 | repeated. | ||||||
6 | (d-1) Substantial neglect, if continuous or repeated, | ||||||
7 | of any child residing in the household which resulted in | ||||||
8 | the death of that child. | ||||||
9 | (e) Extreme or repeated cruelty to the child. | ||||||
10 | (f) There is a rebuttable presumption, which can be | ||||||
11 | overcome only by clear and convincing evidence, that a | ||||||
12 | parent is unfit if: | ||||||
13 | (1) Two or more findings of physical abuse have | ||||||
14 | been entered regarding any children under Section 2-21 | ||||||
15 | of the Juvenile Court Act of 1987, the most recent of | ||||||
16 | which was determined by the juvenile court hearing the | ||||||
17 | matter to be supported by clear and convincing | ||||||
18 | evidence; or | ||||||
19 | (2) The parent has been convicted or found not | ||||||
20 | guilty by reason of insanity and the conviction or | ||||||
21 | finding resulted from the death of any child by | ||||||
22 | physical abuse; or | ||||||
23 | (3) There is a finding of physical child abuse | ||||||
24 | resulting from the death of any child under Section | ||||||
25 | 2-21 of the Juvenile Court Act of 1987. | ||||||
26 | No conviction or finding of delinquency pursuant to |
| |||||||
| |||||||
1 | Article V of the Juvenile Court Act of 1987 shall be | ||||||
2 | considered a criminal conviction for the purpose of | ||||||
3 | applying any presumption under this item (f). | ||||||
4 | (g) Failure to protect the child from conditions | ||||||
5 | within his environment injurious to the child's welfare. | ||||||
6 | (h) Other neglect of, or misconduct toward the child; | ||||||
7 | provided that in making a finding of unfitness the court | ||||||
8 | hearing the adoption proceeding shall not be bound by any | ||||||
9 | previous finding, order or judgment affecting or | ||||||
10 | determining the rights of the parents toward the child | ||||||
11 | sought to be adopted in any other proceeding except such | ||||||
12 | proceedings terminating parental rights as shall be had | ||||||
13 | under either this Act, the Juvenile Court Act or the | ||||||
14 | Juvenile Court Act of 1987. | ||||||
15 | (i) Depravity. Conviction of any one of the following | ||||||
16 | crimes shall create a presumption that a parent is | ||||||
17 | depraved which can be overcome only by clear and | ||||||
18 | convincing evidence: (1) first degree murder in violation | ||||||
19 | of paragraph (1) or (2) of subsection (a) of Section 9-1 of | ||||||
20 | the Criminal Code of 1961 or the Criminal Code of 2012 or | ||||||
21 | conviction of second degree murder in violation of | ||||||
22 | subsection (a) of Section 9-2 of the Criminal Code of 1961 | ||||||
23 | or the Criminal Code of 2012 of a parent of the child to be | ||||||
24 | adopted; (2) first degree murder or second degree murder | ||||||
25 | of any child in violation of the Criminal Code of 1961 or | ||||||
26 | the Criminal Code of 2012; (3) attempt or conspiracy to |
| |||||||
| |||||||
1 | commit first degree murder or second degree murder of any | ||||||
2 | child in violation of the Criminal Code of 1961 or the | ||||||
3 | Criminal Code of 2012; (4) solicitation to commit murder | ||||||
4 | of any child, solicitation to commit murder of any child | ||||||
5 | for hire, or solicitation to commit second degree murder | ||||||
6 | of any child in violation of the Criminal Code of 1961 or | ||||||
7 | the Criminal Code of 2012; (5) predatory criminal sexual | ||||||
8 | assault of a child in violation of Section 11-1.40 or | ||||||
9 | 12-14.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
10 | of 2012; (6) heinous battery of any child in violation of | ||||||
11 | the Criminal Code of 1961; (7) aggravated battery of any | ||||||
12 | child in violation of the Criminal Code of 1961 or the | ||||||
13 | Criminal Code of 2012; (8) any violation of Section | ||||||
14 | 11-1.20 or Section 12-13 of the Criminal Code of 1961 or | ||||||
15 | the Criminal Code of 2012; (9) any violation of subsection | ||||||
16 | (a) of Section 11-1.50 or Section 12-16 of the Criminal | ||||||
17 | Code of 1961 or the Criminal Code of 2012; (10) any | ||||||
18 | violation of Section 11-9.1 of the Criminal Code of 1961 | ||||||
19 | or the Criminal Code of 2012; (11) any violation of | ||||||
20 | Section 11-9.1A of the Criminal Code of 1961 or the | ||||||
21 | Criminal Code of 2012; or (12) an offense in any other | ||||||
22 | state the elements of which are similar and bear a | ||||||
23 | substantial relationship to any of the enumerated offenses | ||||||
24 | in this subsection (i). | ||||||
25 | There is a rebuttable presumption that a parent is | ||||||
26 | depraved if the parent has been criminally convicted of at |
| |||||||
| |||||||
1 | least 3 felonies under the laws of this State or any other | ||||||
2 | state, or under federal law, or the criminal laws of any | ||||||
3 | United States territory; and at least one of these | ||||||
4 | convictions took place within 5 years of the filing of the | ||||||
5 | petition or motion seeking termination of parental rights. | ||||||
6 | There is a rebuttable presumption that a parent is | ||||||
7 | depraved if that parent has been criminally convicted of | ||||||
8 | either first or second degree murder of any person as | ||||||
9 | defined in the Criminal Code of 1961 or the Criminal Code | ||||||
10 | of 2012 within 10 years of the filing date of the petition | ||||||
11 | or motion to terminate parental rights. | ||||||
12 | No conviction or finding of delinquency pursuant to | ||||||
13 | Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
14 | considered a criminal conviction for the purpose of | ||||||
15 | applying any presumption under this item (i). | ||||||
16 | (j) Open and notorious adultery or fornication. | ||||||
17 | (j-1) (Blank). | ||||||
18 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
19 | than those prescribed by a physician, for at least one | ||||||
20 | year immediately prior to the commencement of the | ||||||
21 | unfitness proceeding. | ||||||
22 | There is a rebuttable presumption that a parent is | ||||||
23 | unfit under this subsection with respect to any child to | ||||||
24 | which that parent gives birth where there is a confirmed | ||||||
25 | test result that at birth the child's blood, urine, or | ||||||
26 | meconium contained any amount of a controlled substance as |
| |||||||
| |||||||
1 | defined in subsection (f) of Section 102 of the Illinois | ||||||
2 | Controlled Substances Act or metabolites of such | ||||||
3 | substances, the presence of which in the newborn infant | ||||||
4 | was not the result of medical treatment administered to | ||||||
5 | the mother or the newborn infant; and the biological | ||||||
6 | mother of this child is the biological mother of at least | ||||||
7 | one other child who was adjudicated a neglected minor | ||||||
8 | under subsection (c) of Section 2-3 of the Juvenile Court | ||||||
9 | Act of 1987. | ||||||
10 | (l) Failure to demonstrate a reasonable degree of | ||||||
11 | interest, concern or responsibility as to the welfare of a | ||||||
12 | new born child during the first 30 days after its birth. | ||||||
13 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
14 | to correct the conditions that were the basis for the | ||||||
15 | removal of the child from the parent during any 9-month | ||||||
16 | period following the adjudication of neglected or abused | ||||||
17 | minor under Section 2-3 of the Juvenile Court Act of 1987 | ||||||
18 | or dependent minor under Section 2-4 of that Act, or (ii) | ||||||
19 | to make reasonable progress toward the return of the child | ||||||
20 | to the parent during any 9-month period following the | ||||||
21 | adjudication of neglected or abused minor under Section | ||||||
22 | 2-3 of the Juvenile Court Act of 1987 or dependent minor | ||||||
23 | under Section 2-4 of that Act. If a service plan has been | ||||||
24 | established as required under Section 8.2 of the Abused | ||||||
25 | and Neglected Child Reporting Act to correct the | ||||||
26 | conditions that were the basis for the removal of the |
| |||||||
| |||||||
1 | child from the parent and if those services were | ||||||
2 | available, then, for purposes of this Act, "failure to | ||||||
3 | make reasonable progress toward the return of the child to | ||||||
4 | the parent" includes the parent's failure to substantially | ||||||
5 | fulfill his or her obligations under the service plan and | ||||||
6 | correct the conditions that brought the child into care | ||||||
7 | during any 9-month period following the adjudication under | ||||||
8 | Section 2-3 or 2-4 of the Juvenile Court Act of 1987. | ||||||
9 | Notwithstanding any other provision, when a petition or | ||||||
10 | motion seeks to terminate parental rights on the basis of | ||||||
11 | item (ii) of this subsection (m), the petitioner shall | ||||||
12 | file with the court and serve on the parties a pleading | ||||||
13 | that specifies the 9-month period or periods relied on. | ||||||
14 | The pleading shall be filed and served on the parties no | ||||||
15 | later than 3 weeks before the date set by the court for | ||||||
16 | closure of discovery, and the allegations in the pleading | ||||||
17 | shall be treated as incorporated into the petition or | ||||||
18 | motion. Failure of a respondent to file a written denial | ||||||
19 | of the allegations in the pleading shall not be treated as | ||||||
20 | an admission that the allegations are true. | ||||||
21 | (m-1) (Blank). | ||||||
22 | (n) Evidence of intent to forgo his or her parental | ||||||
23 | rights, whether or not the child is a ward of the court, | ||||||
24 | (1) as manifested by his or her failure for a period of 12 | ||||||
25 | months: (i) to visit the child, (ii) to communicate with | ||||||
26 | the child or agency, although able to do so and not |
| |||||||
| |||||||
1 | prevented from doing so by an agency or by court order, or | ||||||
2 | (iii) to maintain contact with or plan for the future of | ||||||
3 | the child, although physically able to do so, or (2) as | ||||||
4 | manifested by the father's failure, where he and the | ||||||
5 | mother of the child were unmarried to each other at the | ||||||
6 | time of the child's birth, (i) to commence legal | ||||||
7 | proceedings to establish his paternity under the Illinois | ||||||
8 | Parentage Act of 1984, the Illinois Parentage Act of 2015, | ||||||
9 | or the law of the jurisdiction of the child's birth within | ||||||
10 | 30 days of being informed, pursuant to Section 12a of this | ||||||
11 | Act, that he is the father or the likely father of the | ||||||
12 | child or, after being so informed where the child is not | ||||||
13 | yet born, within 30 days of the child's birth, or (ii) to | ||||||
14 | make a good faith effort to pay a reasonable amount of the | ||||||
15 | expenses related to the birth of the child and to provide a | ||||||
16 | reasonable amount for the financial support of the child, | ||||||
17 | the court to consider in its determination all relevant | ||||||
18 | circumstances, including the financial condition of both | ||||||
19 | parents; provided that the ground for termination provided | ||||||
20 | in this subparagraph (n)(2)(ii) shall only be available | ||||||
21 | where the petition is brought by the mother or the husband | ||||||
22 | of the mother. | ||||||
23 | Contact or communication by a parent with his or her | ||||||
24 | child that does not demonstrate affection and concern does | ||||||
25 | not constitute reasonable contact and planning under | ||||||
26 | subdivision (n). In the absence of evidence to the |
| |||||||
| |||||||
1 | contrary, the ability to visit, communicate, maintain | ||||||
2 | contact, pay expenses and plan for the future shall be | ||||||
3 | presumed. The subjective intent of the parent, whether | ||||||
4 | expressed or otherwise, unsupported by evidence of the | ||||||
5 | foregoing parental acts manifesting that intent, shall not | ||||||
6 | preclude a determination that the parent has intended to | ||||||
7 | forgo his or her parental rights. In making this | ||||||
8 | determination, the court may consider but shall not | ||||||
9 | require a showing of diligent efforts by an authorized | ||||||
10 | agency to encourage the parent to perform the acts | ||||||
11 | specified in subdivision (n). | ||||||
12 | It shall be an affirmative defense to any allegation | ||||||
13 | under paragraph (2) of this subsection that the father's | ||||||
14 | failure was due to circumstances beyond his control or to | ||||||
15 | impediments created by the mother or any other person | ||||||
16 | having legal custody. Proof of that fact need only be by a | ||||||
17 | preponderance of the evidence. | ||||||
18 | (o) Repeated or continuous failure by the parents, | ||||||
19 | although physically and financially able, to provide the | ||||||
20 | child with adequate food, clothing, or shelter. | ||||||
21 | (p) Inability to discharge parental responsibilities | ||||||
22 | supported by competent evidence from a psychiatrist, | ||||||
23 | licensed clinical social worker, or clinical psychologist | ||||||
24 | of mental impairment, mental illness or an intellectual | ||||||
25 | disability as defined in Section 1-116 of the Mental | ||||||
26 | Health and Developmental Disabilities Code, or |
| |||||||
| |||||||
1 | developmental disability as defined in Section 1-106 of | ||||||
2 | that Code, and there is sufficient justification to | ||||||
3 | believe that the inability to discharge parental | ||||||
4 | responsibilities shall extend beyond a reasonable time | ||||||
5 | period. However, this subdivision (p) shall not be | ||||||
6 | construed so as to permit a licensed clinical social | ||||||
7 | worker to conduct any medical diagnosis to determine | ||||||
8 | mental illness or mental impairment. | ||||||
9 | (q) (Blank). | ||||||
10 | (r) The child is in the temporary custody or | ||||||
11 | guardianship of the Department of Children and Family | ||||||
12 | Services, the parent is incarcerated as a result of | ||||||
13 | criminal conviction at the time the petition or motion for | ||||||
14 | termination of parental rights is filed, prior to | ||||||
15 | incarceration the parent had little or no contact with the | ||||||
16 | child or provided little or no support for the child, and | ||||||
17 | the parent's incarceration will prevent the parent from | ||||||
18 | discharging his or her parental responsibilities for the | ||||||
19 | child for a period in excess of 2 years after the filing of | ||||||
20 | the petition or motion for termination of parental rights. | ||||||
21 | (s) The child is in the temporary custody or | ||||||
22 | guardianship of the Department of Children and Family | ||||||
23 | Services, the parent is incarcerated at the time the | ||||||
24 | petition or motion for termination of parental rights is | ||||||
25 | filed, the parent has been repeatedly incarcerated as a | ||||||
26 | result of criminal convictions, and the parent's repeated |
| |||||||
| |||||||
1 | incarceration has prevented the parent from discharging | ||||||
2 | his or her parental responsibilities for the child. | ||||||
3 | (t) (Blank). A finding that at birth the child's | ||||||
4 | blood, urine, or meconium contained any amount of a | ||||||
5 | controlled substance as defined in subsection (f) of | ||||||
6 | Section 102 of the Illinois Controlled Substances Act, or | ||||||
7 | a metabolite of a controlled substance, with the exception | ||||||
8 | of controlled substances or metabolites of such | ||||||
9 | substances, the presence of which in the newborn infant | ||||||
10 | was the result of medical treatment administered to the | ||||||
11 | mother or the newborn infant, and that the biological | ||||||
12 | mother of this child is the biological mother of at least | ||||||
13 | one other child who was adjudicated a neglected minor | ||||||
14 | under subsection (c) of Section 2-3 of the Juvenile Court | ||||||
15 | Act of 1987, after which the biological mother had the | ||||||
16 | opportunity to enroll in and participate in a clinically | ||||||
17 | appropriate substance abuse counseling, treatment, and | ||||||
18 | rehabilitation program. | ||||||
19 | E. "Parent" means a person who is the legal mother or legal | ||||||
20 | father of the child as defined in subsection X or Y of this | ||||||
21 | Section. For the purpose of this Act, a parent who has executed | ||||||
22 | a consent to adoption, a surrender, or a waiver pursuant to | ||||||
23 | Section 10 of this Act, who has signed a Denial of Paternity | ||||||
24 | pursuant to Section 12 of the Vital Records Act or Section 12a | ||||||
25 | of this Act, or whose parental rights have been terminated by a | ||||||
26 | court, is not a parent of the child who was the subject of the |
| |||||||
| |||||||
1 | consent, surrender, waiver, or denial unless (1) the consent | ||||||
2 | is void pursuant to subsection O of Section 10 of this Act; or | ||||||
3 | (2) the person executed a consent to adoption by a specified | ||||||
4 | person or persons pursuant to subsection A-1 of Section 10 of | ||||||
5 | this Act and a court of competent jurisdiction finds that the | ||||||
6 | consent is void; or (3) the order terminating the parental | ||||||
7 | rights of the person is vacated by a court of competent | ||||||
8 | jurisdiction. | ||||||
9 | F. A person is available for adoption when the person is: | ||||||
10 | (a) a child who has been surrendered for adoption to | ||||||
11 | an agency and to whose adoption the agency has thereafter | ||||||
12 | consented; | ||||||
13 | (b) a child to whose adoption a person authorized by | ||||||
14 | law, other than his parents, has consented, or to whose | ||||||
15 | adoption no consent is required pursuant to Section 8 of | ||||||
16 | this Act; | ||||||
17 | (c) a child who is in the custody of persons who intend | ||||||
18 | to adopt him through placement made by his parents; | ||||||
19 | (c-1) a child for whom a parent has signed a specific | ||||||
20 | consent pursuant to subsection O of Section 10; | ||||||
21 | (d) an adult who meets the conditions set forth in | ||||||
22 | Section 3 of this Act; or | ||||||
23 | (e) a child who has been relinquished as defined in | ||||||
24 | Section 10 of the Abandoned Newborn Infant Protection Act. | ||||||
25 | A person who would otherwise be available for adoption | ||||||
26 | shall not be deemed unavailable for adoption solely by reason |
| |||||||
| |||||||
1 | of his or her death. | ||||||
2 | G. The singular includes the plural and the plural | ||||||
3 | includes the singular and the "male" includes the "female", as | ||||||
4 | the context of this Act may require. | ||||||
5 | H. (Blank). | ||||||
6 | I. "Habitual residence" has the meaning ascribed to it in | ||||||
7 | the federal Intercountry Adoption Act of 2000 and regulations | ||||||
8 | promulgated thereunder. | ||||||
9 | J. "Immediate relatives" means the biological parents, the | ||||||
10 | parents of the biological parents and siblings of the | ||||||
11 | biological parents. | ||||||
12 | K. "Intercountry adoption" is a process by which a child | ||||||
13 | from a country other than the United States is adopted by | ||||||
14 | persons who are habitual residents of the United States, or | ||||||
15 | the child is a habitual resident of the United States who is | ||||||
16 | adopted by persons who are habitual residents of a country | ||||||
17 | other than the United States. | ||||||
18 | L. (Blank). | ||||||
19 | M. "Interstate Compact on the Placement of Children" is a | ||||||
20 | law enacted by all states and certain territories for the | ||||||
21 | purpose of establishing uniform procedures for handling the | ||||||
22 | interstate placement of children in foster homes, adoptive | ||||||
23 | homes, or other child care facilities. | ||||||
24 | N. (Blank). | ||||||
25 | O. "Preadoption requirements" means any conditions or | ||||||
26 | standards established by the laws or administrative rules of |
| |||||||
| |||||||
1 | this State that must be met by a prospective adoptive parent | ||||||
2 | prior to the placement of a child in an adoptive home. | ||||||
3 | P. "Abused child" means a child whose parent or immediate | ||||||
4 | family member, or any person responsible for the child's | ||||||
5 | welfare, or any individual residing in the same home as the | ||||||
6 | child, or a paramour of the child's parent: | ||||||
7 | (a) inflicts, causes to be inflicted, or allows to be | ||||||
8 | inflicted upon the child physical injury, by other than | ||||||
9 | accidental means, that causes death, disfigurement, | ||||||
10 | impairment of physical or emotional health, or loss or | ||||||
11 | impairment of any bodily function; | ||||||
12 | (b) creates a substantial risk of physical injury to | ||||||
13 | the child by other than accidental means which would be | ||||||
14 | likely to cause death, disfigurement, impairment of | ||||||
15 | physical or emotional health, or loss or impairment of any | ||||||
16 | bodily function; | ||||||
17 | (c) commits or allows to be committed any sex offense | ||||||
18 | against the child, as sex offenses are defined in the | ||||||
19 | Criminal Code of 2012 and extending those definitions of | ||||||
20 | sex offenses to include children under 18 years of age; | ||||||
21 | (d) commits or allows to be committed an act or acts of | ||||||
22 | torture upon the child; or | ||||||
23 | (e) inflicts excessive corporal punishment. | ||||||
24 | Q. "Neglected child" means any child whose parent or other | ||||||
25 | person responsible for the child's welfare withholds or denies | ||||||
26 | nourishment or medically indicated treatment including food or |
| |||||||
| |||||||
1 | care denied solely on the basis of the present or anticipated | ||||||
2 | mental or physical impairment as determined by a physician | ||||||
3 | acting alone or in consultation with other physicians or | ||||||
4 | otherwise does not provide the proper or necessary support, | ||||||
5 | education as required by law, or medical or other remedial | ||||||
6 | care recognized under State law as necessary for a child's | ||||||
7 | well-being, or other care necessary for his or her well-being, | ||||||
8 | including adequate food, clothing and shelter; or who is | ||||||
9 | abandoned by his or her parents or other person responsible | ||||||
10 | for the child's welfare. | ||||||
11 | A child shall not be considered neglected or abused for | ||||||
12 | the sole reason that the child's parent or other person | ||||||
13 | responsible for his or her welfare depends upon spiritual | ||||||
14 | means through prayer alone for the treatment or cure of | ||||||
15 | disease or remedial care as provided under Section 4 of the | ||||||
16 | Abused and Neglected Child Reporting Act. A child shall not be | ||||||
17 | considered neglected or abused for the sole reason that the | ||||||
18 | child's parent or other person responsible for the child's | ||||||
19 | welfare failed to vaccinate, delayed vaccination, or refused | ||||||
20 | vaccination for the child due to a waiver on religious or | ||||||
21 | medical grounds as permitted by law. | ||||||
22 | R. "Putative father" means a man who may be a child's | ||||||
23 | father, but who (1) is not married to the child's mother on or | ||||||
24 | before the date that the child was or is to be born and (2) has | ||||||
25 | not established paternity of the child in a court proceeding | ||||||
26 | before the filing of a petition for the adoption of the child. |
| |||||||
| |||||||
1 | The term includes a male who is less than 18 years of age. | ||||||
2 | "Putative father" does not mean a man who is the child's father | ||||||
3 | as a result of criminal sexual abuse or assault as defined | ||||||
4 | under Article 11 of the Criminal Code of 2012. | ||||||
5 | S. "Standby adoption" means an adoption in which a parent | ||||||
6 | consents to custody and termination of parental rights to | ||||||
7 | become effective upon the occurrence of a future event, which | ||||||
8 | is either the death of the parent or the request of the parent | ||||||
9 | for the entry of a final judgment of adoption. | ||||||
10 | T. (Blank). | ||||||
11 | T-5. "Biological parent", "birth parent", or "natural | ||||||
12 | parent" of a child are interchangeable terms that mean a | ||||||
13 | person who is biologically or genetically related to that | ||||||
14 | child as a parent. | ||||||
15 | U. "Interstate adoption" means the placement of a minor | ||||||
16 | child with a prospective adoptive parent for the purpose of | ||||||
17 | pursuing an adoption for that child that is subject to the | ||||||
18 | provisions of the Interstate Compact on the Placement of | ||||||
19 | Children. | ||||||
20 | V. (Blank). | ||||||
21 | W. (Blank). | ||||||
22 | X. "Legal father" of a child means a man who is recognized | ||||||
23 | as or presumed to be that child's father: | ||||||
24 | (1) because of his marriage to or civil union with the | ||||||
25 | child's parent at the time of the child's birth or within | ||||||
26 | 300 days prior to that child's birth, unless he signed a |
| |||||||
| |||||||
1 | denial of paternity pursuant to Section 12 of the Vital | ||||||
2 | Records Act or a waiver pursuant to Section 10 of this Act; | ||||||
3 | or | ||||||
4 | (2) because his paternity of the child has been | ||||||
5 | established pursuant to the Illinois Parentage Act, the | ||||||
6 | Illinois Parentage Act of 1984, or the Gestational | ||||||
7 | Surrogacy Act; or | ||||||
8 | (3) because he is listed as the child's father or | ||||||
9 | parent on the child's birth certificate, unless he is | ||||||
10 | otherwise determined by an administrative or judicial | ||||||
11 | proceeding not to be the parent of the child or unless he | ||||||
12 | rescinds his acknowledgment of paternity pursuant to the | ||||||
13 | Illinois Parentage Act of 1984; or | ||||||
14 | (4) because his paternity or adoption of the child has | ||||||
15 | been established by a court of competent jurisdiction. | ||||||
16 | The definition in this subsection X shall not be construed | ||||||
17 | to provide greater or lesser rights as to the number of parents | ||||||
18 | who can be named on a final judgment order of adoption or | ||||||
19 | Illinois birth certificate that otherwise exist under Illinois | ||||||
20 | law. | ||||||
21 | Y. "Legal mother" of a child means a woman who is | ||||||
22 | recognized as or presumed to be that child's mother: | ||||||
23 | (1) because she gave birth to the child except as | ||||||
24 | provided in the Gestational Surrogacy Act; or | ||||||
25 | (2) because her maternity of the child has been | ||||||
26 | established pursuant to the Illinois Parentage Act of 1984 |
| |||||||
| |||||||
1 | or the Gestational Surrogacy Act; or | ||||||
2 | (3) because her maternity or adoption of the child has | ||||||
3 | been established by a court of competent jurisdiction; or | ||||||
4 | (4) because of her marriage to or civil union with the | ||||||
5 | child's other parent at the time of the child's birth or | ||||||
6 | within 300 days prior to the time of birth; or | ||||||
7 | (5) because she is listed as the child's mother or | ||||||
8 | parent on the child's birth certificate unless she is | ||||||
9 | otherwise determined by an administrative or judicial | ||||||
10 | proceeding not to be the parent of the child. | ||||||
11 | The definition in this subsection Y shall not be construed | ||||||
12 | to provide greater or lesser rights as to the number of parents | ||||||
13 | who can be named on a final judgment order of adoption or | ||||||
14 | Illinois birth certificate that otherwise exist under Illinois | ||||||
15 | law. | ||||||
16 | Z. "Department" means the Illinois Department of Children | ||||||
17 | and Family Services. | ||||||
18 | AA. "Placement disruption" means a circumstance where the | ||||||
19 | child is removed from an adoptive placement before the | ||||||
20 | adoption is finalized. | ||||||
21 | BB. "Secondary placement" means a placement, including but | ||||||
22 | not limited to the placement of a youth in care as defined in | ||||||
23 | Section 4d of the Children and Family Services Act, that | ||||||
24 | occurs after a placement disruption or an adoption | ||||||
25 | dissolution. "Secondary placement" does not mean secondary | ||||||
26 | placements arising due to the death of the adoptive parent of |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | the child. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | CC. "Adoption dissolution" means a circumstance where the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | child is removed from an adoptive placement after the adoption | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | is finalized. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | DD. "Unregulated placement" means the secondary placement | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | of a child that occurs without the oversight of the courts, the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | Department, or a licensed child welfare agency. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | EE. "Post-placement and post-adoption support services" | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | means support services for placed or adopted children and | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | families that include, but are not limited to, mental health | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | treatment, including counseling and other support services for | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | emotional, behavioral, or developmental needs, and treatment | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | for substance abuse. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | FF. "Youth in care" has the meaning provided in Section 4d | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | of the Children and Family Services Act. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | The changes made by this amendatory Act of the 103rd | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | General Assembly apply to a petition that is filed on or after | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | January 1, 2025. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | (Source: P.A. 101-155, eff. 1-1-20; 101-529, eff. 1-1-20; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | 102-139, eff. 1-1-22; 102-558, eff. 8-20-21 .) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | Section 999. Effective date. This Section, Sections 1 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | through 35, Section 105, and Section 110 take effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | becoming law. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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