103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3136

 

Introduced 2/2/2024, by Sen. Cristina Castro

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Family Recovery Plans Implementation Task Force Act. Provides that it is the General Assembly's intent to require a coordinated, public health, and service-integrated response by various agencies within the State's health and child welfare systems to address the substance use treatment needs of infants born with prenatal substance exposure, as well as the treatment needs of their caregivers and families, by requiring the development, provision, and monitoring of family recovery plans. Creates the Family Recovery Plans Implementation Task Force within the Department of Human Services. Sets forth the duties of the Task Force, including reviewing models of family recovery plans that have been implemented in other states; and reviewing and developing recommendations to replace punitive policies with notification policies for health care professionals reporting a positive toxicology screen of a newborn. Contains provisions concerning Task Force membership, meetings, reporting requirements, and other matters. Amends the Abused and Neglected Child Reporting Act. Requires the Department of Children and Family Services to develop a standardized CAPTA notification form that is separate and distinct from the form for written confirmation reports of child abuse or neglect. Provides that a CAPTA notification shall not be treated as a report of suspected child abuse or neglect, shall not be recorded in the State Central Registry, and shall not be discoverable or admissible as evidence in any juvenile court or adoption proceeding unless the named party waives, in writing, his or her right to confidentiality. Repeals a provision requiring the Department to report to the State's Attorney every report of a newborn infant whose blood, urine, or meconium contains a prohibited controlled substance. Amends the Juvenile Court Act of 1987. Removes newborn infants whose blood, urine, or meconium contains any amount of a controlled substance from the list of children presumed neglected or abused under the Act. Makes corresponding changes to a provision listing the types of evidence that constitute prima facie evidence of neglect and to relevant provisions under the Adoption Act. Effective immediately, except that some parts take effect January 1, 2025.


LRB103 36587 KTG 66696 b

 

 

A BILL FOR

 

SB3136LRB103 36587 KTG 66696 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Family
5Recovery Plans Implementation Task Force Act.
 
6    Section 5. Purpose and policy. It is the policy of this
7State to serve and advance the best interests and secure the
8safety and well-being of an infant with prenatal substance
9exposure, while preserving the family unit whenever the safety
10of the infant is not jeopardized.
11    It is the intent of the General Assembly to require a
12coordinated, public health, and service-integrated response by
13various agencies within this State's health and child welfare
14systems to address the substance use treatment needs of
15infants born with prenatal substance exposure, as well as the
16treatment needs of their caregivers and families, by requiring
17the development, provision, and monitoring of family recovery
18plans.
 
19    Section 10. Findings. The General Assembly finds the
20following:
21        (1) During pregnancy, substance use is a leading cause
22    of maternal death and is associated with poor birth

 

 

SB3136- 2 -LRB103 36587 KTG 66696 b

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

 

 

SB3136- 3 -LRB103 36587 KTG 66696 b

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
16Implementation Task Force is created within the Department of
17Human Services and shall consist of members appointed as
18follows:
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

 

 

SB3136- 4 -LRB103 36587 KTG 66696 b

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

 

 

SB3136- 5 -LRB103 36587 KTG 66696 b

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.
7All members appointed under Section 15 shall serve without
8compensation. Task Force members shall be appointed within 60
9days after the effective date of this Act. The Task Force shall
10hold its initial meetings within 90 days after the effective
11date of this Act. The Task Force shall meet at least 4 times a
12year. A majority of the members of the Task Force shall
13constitute a quorum. The following individuals shall serve as
14co-chairs of the Task Force: (i) the physician specializing in
15perinatal substance use disorder treatment; and (ii) the
16physician specializing in child abuse and neglect. The
17Department of Human Services shall provide staff and any
18necessary administrative and other support to the Task Force.
19Any data provided by the Departments of Children and Family
20Services, Human Services, and Public Health to the Task Force
21shall not contain any personally identifiable information of
22any clients or families in accordance with applicable
23confidentiality laws. The Departments shall facilitate the
24prompt and timely collection and provision of data as
25requested by or on behalf of the Task Force.

 

 

SB3136- 6 -LRB103 36587 KTG 66696 b

1    The Task Force shall consult with an organization that
2provides technical assistance to State child welfare systems
3in developing and implementing the family recovery plans
4requirement of the federal Child Abuse and Prevention
5Treatment 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;

 

 

SB3136- 7 -LRB103 36587 KTG 66696 b

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
8submit its recommendations to the General Assembly and the
9Governor within one year after the first meeting of the Task
10Force.
 
11    Section 35. Repeal. The Task Force is dissolved, and this
12Act is repealed on, January 1, 2027.
 
13    Section 105. The Abused and Neglected Child Reporting Act
14is amended by changing Section 3 and by adding Section 3.5 as
15follows:
 
16    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
17    Sec. 3. As used in this Act unless the context otherwise
18requires:
19    "Adult resident" means any person between 18 and 22 years
20of age who resides in any facility licensed by the Department
21under the Child Care Act of 1969. For purposes of this Act, the
22criteria set forth in the definitions of "abused child" and

 

 

SB3136- 8 -LRB103 36587 KTG 66696 b

1"neglected child" shall be used in determining whether an
2adult resident is abused or neglected.
3    "Agency" means a child care facility licensed under
4Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
5includes a transitional living program that accepts children
6and adult residents for placement who are in the guardianship
7of the Department.
8    "Blatant disregard" means an incident where the real,
9significant, and imminent risk of harm would be so obvious to a
10reasonable parent or caretaker that it is unlikely that a
11reasonable parent or caretaker would have exposed the child to
12the danger without exercising precautionary measures to
13protect the child from harm. With respect to a person working
14at an agency in the person's professional capacity with a
15child or adult resident, "blatant disregard" includes a
16failure by the person to perform job responsibilities intended
17to protect the child's or adult resident's health, physical
18well-being, or welfare, and, when viewed in light of the
19surrounding circumstances, evidence exists that would cause a
20reasonable person to believe that the child was neglected.
21With respect to an agency, "blatant disregard" includes a
22failure to implement practices that ensure the health,
23physical well-being, or welfare of the children and adult
24residents residing in the facility.
25    "CAPTA notification" refers to notification to the
26Department of an infant who has been born and identified as

 

 

SB3136- 9 -LRB103 36587 KTG 66696 b

1affected by prenatal substance exposure or a fetal alcohol
2spectrum disorder as required under the federal Child Abuse
3Prevention and Treatment Act.
4    "Child" means any person under the age of 18 years, unless
5legally emancipated by reason of marriage or entry into a
6branch of the United States armed services.
7    "Department" means Department of Children and Family
8Services.
9    "Local law enforcement agency" means the police of a city,
10town, village or other incorporated area or the sheriff of an
11unincorporated area or any sworn officer of the Illinois State
12Police.
13    "Abused child" means a child whose parent or immediate
14family member, or any person responsible for the child's
15welfare, or any individual residing in the same home as the
16child, 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;

 

 

SB3136- 10 -LRB103 36587 KTG 66696 b

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

 

 

SB3136- 11 -LRB103 36587 KTG 66696 b

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
8that the child has been relinquished in accordance with the
9Abandoned Newborn Infant Protection Act.
10    "Neglected child" means any child who is not receiving the
11proper or necessary nourishment or medically indicated
12treatment including food or care not provided solely on the
13basis of the present or anticipated mental or physical
14impairment as determined by a physician acting alone or in
15consultation with other physicians or otherwise is not
16receiving the proper or necessary support or medical or other
17remedial care recognized under State law as necessary for a
18child's well-being, or other care necessary for the child's
19well-being, including adequate food, clothing and shelter; or
20who is subjected to an environment which is injurious insofar
21as (i) the child's environment creates a likelihood of harm to
22the child's health, physical well-being, or welfare and (ii)
23the likely harm to the child is the result of a blatant
24disregard of parent, caretaker, person responsible for the
25child's welfare, or agency responsibilities; or who is
26abandoned by the child's parents or other person responsible

 

 

SB3136- 12 -LRB103 36587 KTG 66696 b

1for the child's welfare without a proper plan of care; or who
2has been provided with interim crisis intervention services
3under Section 3-5 of the Juvenile Court Act of 1987 and whose
4parent, guardian, or custodian refuses to permit the child to
5return home and no other living arrangement agreeable to the
6parent, guardian, or custodian can be made, and the parent,
7guardian, or custodian has not made any other appropriate
8living arrangement for the child; or who is a newborn infant
9whose blood, urine, or meconium contains any amount of a
10controlled substance as defined in subsection (f) of Section
11102 of the Illinois Controlled Substances Act or a metabolite
12thereof, with the exception of a controlled substance or
13metabolite thereof whose presence in the newborn infant is the
14result of medical treatment administered to the person who
15gave birth or the newborn infant. A child shall not be
16considered neglected for the sole reason that the child's
17parent or other person responsible for the child's welfare has
18left the child in the care of an adult relative for any period
19of time. A child shall not be considered neglected for the sole
20reason that the child has been relinquished in accordance with
21the Abandoned Newborn Infant Protection Act. A child shall not
22be considered neglected or abused for the sole reason that
23such child's parent or other person responsible for the
24child's welfare depends upon spiritual means through prayer
25alone for the treatment or cure of disease or remedial care as
26provided under Section 4 of this Act. A child shall not be

 

 

SB3136- 13 -LRB103 36587 KTG 66696 b

1considered neglected or abused solely because the child is not
2attending school in accordance with the requirements of
3Article 26 of The School Code, as amended.
4    "Child Protective Service Unit" means certain specialized
5State employees of the Department assigned by the Director to
6perform the duties and responsibilities as provided under
7Section 7.2 of this Act.
8    "Near fatality" means an act that, as certified by a
9physician, places the child in serious or critical condition,
10including acts of great bodily harm inflicted upon children
11under 13 years of age, and as otherwise defined by Department
12rule.
13    "Great bodily harm" includes bodily injury which creates a
14high probability of death, or which causes serious permanent
15disfigurement, or which causes a permanent or protracted loss
16or impairment of the function of any bodily member or organ, or
17other serious bodily harm.
18    "Person responsible for the child's welfare" means the
19child's parent; guardian; foster parent; relative caregiver;
20any person responsible for the child's welfare in a public or
21private residential agency or institution; any person
22responsible for the child's welfare within a public or private
23profit or not for profit child care facility; or any other
24person responsible for the child's welfare at the time of the
25alleged abuse or neglect, including any person who commits or
26allows to be committed, against the child, the offense of

 

 

SB3136- 14 -LRB103 36587 KTG 66696 b

1involuntary servitude, involuntary sexual servitude of a
2minor, or trafficking in persons for forced labor or services,
3as provided in Section 10-9 of the Criminal Code of 2012,
4including, but not limited to, the custodian of the minor, or
5any person who came to know the child through an official
6capacity or position of trust, including, but not limited to,
7health care professionals, educational personnel, recreational
8supervisors, members of the clergy, and volunteers or support
9personnel in any setting where children may be subject to
10abuse or neglect.
11    "Temporary protective custody" means custody within a
12hospital or other medical facility or a place previously
13designated for such custody by the Department, subject to
14review by the Court, including a licensed foster home, group
15home, or other institution; but such place shall not be a jail
16or other place for the detention of criminal or juvenile
17offenders.
18    "An unfounded report" means any report made under this Act
19for which it is determined after an investigation that no
20credible evidence of abuse or neglect exists.
21    "An indicated report" means a report made under this Act
22if an investigation determines that credible evidence of the
23alleged abuse or neglect exists.
24    "An undetermined report" means any report made under this
25Act in which it was not possible to initiate or complete an
26investigation on the basis of information provided to the

 

 

SB3136- 15 -LRB103 36587 KTG 66696 b

1Department.
2    "Subject of report" means any child reported to the
3central register of child abuse and neglect established under
4Section 7.7 of this Act as an alleged victim of child abuse or
5neglect and the parent or guardian of the alleged victim or
6other person responsible for the alleged victim's welfare who
7is named in the report or added to the report as an alleged
8perpetrator of child abuse or neglect.
9    "Perpetrator" means a person who, as a result of
10investigation, has been determined by the Department to have
11caused child abuse or neglect.
12    "Member of the clergy" means a clergyperson or
13practitioner of any religious denomination accredited by the
14religious body to which the clergyperson or practitioner
15belongs.
16(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
17102-813, 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
20a standardized CAPTA notification form that is separate and
21distinct from the form for written confirmation reports of
22child abuse or neglect as described in Section 7 of this Act. A
23CAPTA notification shall not be treated as a report of
24suspected child abuse or neglect under this Act. CAPTA
25notifications shall not be recorded in the State Central

 

 

SB3136- 16 -LRB103 36587 KTG 66696 b

1Registry and shall not be discoverable or admissible as
2evidence in any proceeding pursuant to the Juvenile Court Act
3of 1987 or the Adoption Act unless the named party waives his
4or her right to confidentiality in writing.
 
5    (325 ILCS 5/4.4 rep.)
6    Section 110. The Abused and Neglected Child Reporting Act
7is amended by repealing Section 4.4.
 
8    Section 115. The Juvenile Court Act of 1987 is amended by
9changing 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
13years of age or a minor 18 years of age or older for whom the
14court has made a finding of probable cause to believe that the
15minor is abused, neglected, or dependent under subsection (1)
16of 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

 

 

SB3136- 17 -LRB103 36587 KTG 66696 b

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

 

 

SB3136- 18 -LRB103 36587 KTG 66696 b

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;

 

 

SB3136- 19 -LRB103 36587 KTG 66696 b

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.

 

 

SB3136- 20 -LRB103 36587 KTG 66696 b

1    A minor shall not be considered neglected for the sole
2reason that the minor has been relinquished in accordance with
3the Abandoned Newborn Infant Protection Act.
4    (1.5) A minor shall not be considered neglected for the
5sole reason that the minor's parent or other person
6responsible for the minor's welfare permits the minor to
7engage in independent activities unless the minor was
8permitted to engage in independent activities under
9circumstances presenting unreasonable risk of harm to the
10minor'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
24unreasonable 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

 

 

SB3136- 21 -LRB103 36587 KTG 66696 b

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
6of age or a minor 18 years of age or older for whom the court
7has made a finding of probable cause to believe that the minor
8is abused, neglected, or dependent under subsection (1) of
9Section 2-10 prior to the minor's 18th birthday whose parent
10or immediate family member, or any person responsible for the
11minor's welfare, or any person who is in the same family or
12household as the minor, or any individual residing in the same
13home 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

 

 

SB3136- 22 -LRB103 36587 KTG 66696 b

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
17that the minor has been relinquished in accordance with the
18Abandoned Newborn Infant Protection Act.
19    (3) This Section does not apply to a minor who would be
20included herein solely for the purpose of qualifying for
21financial assistance for the minor or , the minor's parents,
22guardian, or custodian.
23    (4) The changes made by Public Act 101-79 this amendatory
24Act of the 101st General Assembly apply to a case that is
25pending on or after July 12, 2019 (the effective date of Public
26Act 101-79) this amendatory Act of the 101st General Assembly.

 

 

SB3136- 23 -LRB103 36587 KTG 66696 b

1    (5) The changes made by this amendatory Act of the 103rd
2General Assembly apply to a petition that is filed on or after
3January 1, 2025.
4(Source: P.A. 103-22, eff. 8-8-23; 103-233, eff. 6-30-23;
5revised 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
9consider only the question whether the minor is abused,
10neglected or dependent. The standard of proof and the rules of
11evidence in the nature of civil proceedings in this State are
12applicable to proceedings under this Article. If the petition
13also seeks the appointment of a guardian of the person with
14power to consent to adoption of the minor under Section 2-29,
15the court may also consider legally admissible evidence at the
16adjudicatory hearing that one or more grounds of unfitness
17exists under subdivision D of Section 1 of the Adoption Act.
18    (2) In any hearing under this Act, the following shall
19constitute prima facie evidence of abuse or neglect, as the
20case 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;

 

 

SB3136- 24 -LRB103 36587 KTG 66696 b

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

 

 

SB3136- 25 -LRB103 36587 KTG 66696 b

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,

 

 

SB3136- 26 -LRB103 36587 KTG 66696 b

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,
10neglect or dependency of one minor shall be admissible
11evidence on the issue of the abuse, neglect or dependency of
12any other minor for whom the respondent is responsible.
13    (4) (a) Any writing, record, photograph or x-ray of any
14hospital or public or private agency, whether in the form of an
15entry in a book or otherwise, made as a memorandum or record of
16any condition, act, transaction, occurrence or event relating
17to a minor in an abuse, neglect or dependency proceeding,
18shall be admissible in evidence as proof of that condition,
19act, transaction, occurrence or event, if the court finds that
20the document was made in the regular course of the business of
21the hospital or agency at the time of the act, transaction,
22occurrence or event, or within a reasonable time thereafter. A
23certification by the head or responsible employee or agent of
24the hospital or agency having knowledge of the creation and
25maintenance of or of the matters stated in the writing,
26record, photograph or x-ray attesting that the document is the

 

 

SB3136- 27 -LRB103 36587 KTG 66696 b

1full and complete record of the condition, act, transaction,
2occurrence or event and that it satisfies the conditions of
3this paragraph shall be prima facie evidence of the facts
4contained in such certification. All other circumstances of
5the making of the memorandum, record, photograph or x-ray,
6including lack of personal knowledge of the maker, may be
7proved to affect the weight to be accorded such evidence, but
8shall not affect its admissibility.
9    (b) Any indicated report filed pursuant to the Abused and
10Neglected Child Reporting Act shall be admissible in evidence.
11    (c) Previous statements made by the minor relating to any
12allegations of abuse or neglect shall be admissible in
13evidence. However, no such statement, if uncorroborated and
14not subject to cross-examination, shall be sufficient in
15itself to support a finding of abuse or neglect.
16    (d) There shall be a rebuttable presumption that a minor
17is competent to testify in abuse or neglect proceedings. The
18court shall determine how much weight to give to the minor's
19testimony, and may allow the minor to testify in chambers with
20only the court, the court reporter and attorneys for the
21parties present.
22    (e) The privileged character of communication between any
23professional person and patient or client, except privilege
24between attorney and client, shall not apply to proceedings
25subject to this Article.
26    (f) Proof of the impairment of emotional health or

 

 

SB3136- 28 -LRB103 36587 KTG 66696 b

1impairment of mental or emotional condition as a result of the
2failure of the respondent to exercise a minimum degree of care
3toward a minor may include competent opinion or expert
4testimony, and may include proof that such impairment lessened
5during a period when the minor was in the care, custody or
6supervision of a person or agency other than the respondent.
7    (5) In any hearing under this Act alleging neglect for
8failure to provide education as required by law under
9subsection (1) of Section 2-3, proof that a minor under 13
10years of age who is subject to compulsory school attendance
11under the School Code is a chronic truant as defined under the
12School Code shall be prima facie evidence of neglect by the
13parent or guardian in any hearing under this Act and proof that
14a minor who is 13 years of age or older who is subject to
15compulsory school attendance under the School Code is a
16chronic truant shall raise a rebuttable presumption of neglect
17by the parent or guardian. This subsection (5) shall not apply
18in counties with 2,000,000 or more inhabitants.
19    (6) In any hearing under this Act, the court may take
20judicial notice of prior sworn testimony or evidence admitted
21in prior proceedings involving the same minor if (a) the
22parties were either represented by counsel at such prior
23proceedings or the right to counsel was knowingly waived and
24(b) the taking of judicial notice would not result in
25admitting hearsay evidence at a hearing where it would
26otherwise be prohibited.

 

 

SB3136- 29 -LRB103 36587 KTG 66696 b

1    (7) The changes made by this amendatory Act of the 103rd
2General Assembly apply to a petition that is filed on or after
3January 1, 2025.
4(Source: P.A. 103-124, eff. 1-1-24.)
 
5    Section 120. The Adoption Act is amended by changing
6Section 1 as follows:
 
7    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
8    Sec. 1. Definitions. When used in this Act, unless the
9context otherwise requires:
10    A. "Child" means a person under legal age subject to
11adoption under this Act.
12    B. "Related child" means a child subject to adoption where
13either or both of the adopting parents stands in any of the
14following relationships to the child by blood, marriage,
15adoption, or civil union: parent, grand-parent,
16great-grandparent, brother, sister, step-parent,
17step-grandparent, step-brother, step-sister, uncle, aunt,
18great-uncle, great-aunt, first cousin, or second cousin. A
19person is related to the child as a first cousin or second
20cousin if they are both related to the same ancestor as either
21grandchild or great-grandchild. A child whose parent has
22executed a consent to adoption, a surrender, or a waiver
23pursuant to Section 10 of this Act or whose parent has signed a
24denial of paternity pursuant to Section 12 of the Vital

 

 

SB3136- 30 -LRB103 36587 KTG 66696 b

1Records Act or Section 12a of this Act, or whose parent has had
2his or her parental rights terminated, is not a related child
3to that person, unless (1) the consent is determined to be void
4or is void pursuant to subsection O of Section 10 of this Act;
5or (2) the parent of the child executed a consent to adoption
6by a specified person or persons pursuant to subsection A-1 of
7Section 10 of this Act and a court of competent jurisdiction
8finds that such consent is void; or (3) the order terminating
9the parental rights of the parent is vacated by a court of
10competent jurisdiction.
11    C. "Agency" for the purpose of this Act means a public
12child welfare agency or a licensed child welfare agency.
13    D. "Unfit person" means any person whom the court shall
14find to be unfit to have a child, without regard to the
15likelihood that the child will be placed for adoption. The
16grounds of unfitness are any one or more of the following,
17except that a person shall not be considered an unfit person
18for the sole reason that the person has relinquished a child in
19accordance 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

 

 

SB3136- 31 -LRB103 36587 KTG 66696 b

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

 

 

SB3136- 32 -LRB103 36587 KTG 66696 b

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

 

 

SB3136- 33 -LRB103 36587 KTG 66696 b

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

 

 

SB3136- 34 -LRB103 36587 KTG 66696 b

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

 

 

SB3136- 35 -LRB103 36587 KTG 66696 b

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

 

 

SB3136- 36 -LRB103 36587 KTG 66696 b

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

 

 

SB3136- 37 -LRB103 36587 KTG 66696 b

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

 

 

SB3136- 38 -LRB103 36587 KTG 66696 b

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

 

 

SB3136- 39 -LRB103 36587 KTG 66696 b

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

 

 

SB3136- 40 -LRB103 36587 KTG 66696 b

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
20father of the child as defined in subsection X or Y of this
21Section. For the purpose of this Act, a parent who has executed
22a consent to adoption, a surrender, or a waiver pursuant to
23Section 10 of this Act, who has signed a Denial of Paternity
24pursuant to Section 12 of the Vital Records Act or Section 12a
25of this Act, or whose parental rights have been terminated by a
26court, is not a parent of the child who was the subject of the

 

 

SB3136- 41 -LRB103 36587 KTG 66696 b

1consent, surrender, waiver, or denial unless (1) the consent
2is void pursuant to subsection O of Section 10 of this Act; or
3(2) the person executed a consent to adoption by a specified
4person or persons pursuant to subsection A-1 of Section 10 of
5this Act and a court of competent jurisdiction finds that the
6consent is void; or (3) the order terminating the parental
7rights of the person is vacated by a court of competent
8jurisdiction.
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
26shall not be deemed unavailable for adoption solely by reason

 

 

SB3136- 42 -LRB103 36587 KTG 66696 b

1of his or her death.
2    G. The singular includes the plural and the plural
3includes the singular and the "male" includes the "female", as
4the context of this Act may require.
5    H. (Blank).
6    I. "Habitual residence" has the meaning ascribed to it in
7the federal Intercountry Adoption Act of 2000 and regulations
8promulgated thereunder.
9    J. "Immediate relatives" means the biological parents, the
10parents of the biological parents and siblings of the
11biological parents.
12    K. "Intercountry adoption" is a process by which a child
13from a country other than the United States is adopted by
14persons who are habitual residents of the United States, or
15the child is a habitual resident of the United States who is
16adopted by persons who are habitual residents of a country
17other than the United States.
18    L. (Blank).
19    M. "Interstate Compact on the Placement of Children" is a
20law enacted by all states and certain territories for the
21purpose of establishing uniform procedures for handling the
22interstate placement of children in foster homes, adoptive
23homes, or other child care facilities.
24    N. (Blank).
25    O. "Preadoption requirements" means any conditions or
26standards established by the laws or administrative rules of

 

 

SB3136- 43 -LRB103 36587 KTG 66696 b

1this State that must be met by a prospective adoptive parent
2prior to the placement of a child in an adoptive home.
3    P. "Abused child" means a child whose parent or immediate
4family member, or any person responsible for the child's
5welfare, or any individual residing in the same home as the
6child, 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
25person responsible for the child's welfare withholds or denies
26nourishment or medically indicated treatment including food or

 

 

SB3136- 44 -LRB103 36587 KTG 66696 b

1care denied solely on the basis of the present or anticipated
2mental or physical impairment as determined by a physician
3acting alone or in consultation with other physicians or
4otherwise does not provide the proper or necessary support,
5education as required by law, or medical or other remedial
6care recognized under State law as necessary for a child's
7well-being, or other care necessary for his or her well-being,
8including adequate food, clothing and shelter; or who is
9abandoned by his or her parents or other person responsible
10for the child's welfare.
11    A child shall not be considered neglected or abused for
12the sole reason that the child's parent or other person
13responsible for his or her welfare depends upon spiritual
14means through prayer alone for the treatment or cure of
15disease or remedial care as provided under Section 4 of the
16Abused and Neglected Child Reporting Act. A child shall not be
17considered neglected or abused for the sole reason that the
18child's parent or other person responsible for the child's
19welfare failed to vaccinate, delayed vaccination, or refused
20vaccination for the child due to a waiver on religious or
21medical grounds as permitted by law.
22    R. "Putative father" means a man who may be a child's
23father, but who (1) is not married to the child's mother on or
24before the date that the child was or is to be born and (2) has
25not established paternity of the child in a court proceeding
26before the filing of a petition for the adoption of the child.

 

 

SB3136- 45 -LRB103 36587 KTG 66696 b

1The 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
3as a result of criminal sexual abuse or assault as defined
4under Article 11 of the Criminal Code of 2012.
5    S. "Standby adoption" means an adoption in which a parent
6consents to custody and termination of parental rights to
7become effective upon the occurrence of a future event, which
8is either the death of the parent or the request of the parent
9for the entry of a final judgment of adoption.
10    T. (Blank).
11    T-5. "Biological parent", "birth parent", or "natural
12parent" of a child are interchangeable terms that mean a
13person who is biologically or genetically related to that
14child as a parent.
15    U. "Interstate adoption" means the placement of a minor
16child with a prospective adoptive parent for the purpose of
17pursuing an adoption for that child that is subject to the
18provisions of the Interstate Compact on the Placement of
19Children.
20    V. (Blank).
21    W. (Blank).
22    X. "Legal father" of a child means a man who is recognized
23as 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

 

 

SB3136- 46 -LRB103 36587 KTG 66696 b

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
17to provide greater or lesser rights as to the number of parents
18who can be named on a final judgment order of adoption or
19Illinois birth certificate that otherwise exist under Illinois
20law.
21    Y. "Legal mother" of a child means a woman who is
22recognized 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

 

 

SB3136- 47 -LRB103 36587 KTG 66696 b

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
12to provide greater or lesser rights as to the number of parents
13who can be named on a final judgment order of adoption or
14Illinois birth certificate that otherwise exist under Illinois
15law.
16    Z. "Department" means the Illinois Department of Children
17and Family Services.
18    AA. "Placement disruption" means a circumstance where the
19child is removed from an adoptive placement before the
20adoption is finalized.
21    BB. "Secondary placement" means a placement, including but
22not limited to the placement of a youth in care as defined in
23Section 4d of the Children and Family Services Act, that
24occurs after a placement disruption or an adoption
25dissolution. "Secondary placement" does not mean secondary
26placements arising due to the death of the adoptive parent of

 

 

SB3136- 48 -LRB103 36587 KTG 66696 b

1the child.
2    CC. "Adoption dissolution" means a circumstance where the
3child is removed from an adoptive placement after the adoption
4is finalized.
5    DD. "Unregulated placement" means the secondary placement
6of a child that occurs without the oversight of the courts, the
7Department, or a licensed child welfare agency.
8    EE. "Post-placement and post-adoption support services"
9means support services for placed or adopted children and
10families that include, but are not limited to, mental health
11treatment, including counseling and other support services for
12emotional, behavioral, or developmental needs, and treatment
13for substance abuse.
14    FF. "Youth in care" has the meaning provided in Section 4d
15of the Children and Family Services Act.
16    The changes made by this amendatory Act of the 103rd
17General Assembly apply to a petition that is filed on or after
18January 1, 2025.
19(Source: P.A. 101-155, eff. 1-1-20; 101-529, eff. 1-1-20;
20102-139, eff. 1-1-22; 102-558, eff. 8-20-21.)
 
21    Section 999. Effective date. This Section, Sections 1
22through 35, Section 105, and Section 110 take effect upon
23becoming law.

 

 

SB3136- 49 -LRB103 36587 KTG 66696 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    325 ILCS 5/3from Ch. 23, par. 2053
5    325 ILCS 5/3.5 new
6    325 ILCS 5/4.4 rep.
7    705 ILCS 405/2-3from Ch. 37, par. 802-3
8    705 ILCS 405/2-18from Ch. 37, par. 802-18
9    750 ILCS 50/1from Ch. 40, par. 1501