103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3183

 

Introduced 2/6/2024, by Sen. Lakesia Collins

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/1-2  from Ch. 37, par. 801-2
705 ILCS 405/1-3  from Ch. 37, par. 801-3
705 ILCS 405/2-10  from Ch. 37, par. 802-10
705 ILCS 405/2-13  from Ch. 37, par. 802-13
705 ILCS 405/2-13.1
705 ILCS 405/2-21  from Ch. 37, par. 802-21
705 ILCS 405/2-28
750 ILCS 50/1  from Ch. 40, par. 1501

    Amends the Juvenile Court Act of 1987. Changes all references in the General Provisions Article and the Abused, Neglected or Dependent Minors Article of the Act from "reasonable efforts" to "active efforts" in cases that involve reunification by the Department of Children and Family Services. Defines "active efforts" as efforts that are affirmative, active, thorough, timely and intended to maintain or reunite a child with the child's family and represent a higher standard of conduct than reasonable efforts. In the court review provisions, provides that if the court makes findings that the Department of Children and Family Services has failed to make active efforts to provide services as provided in the service plan, the court's order shall specify each party that failure applies to and the applicable time period. Amends the Adoption Act. Provides that a person shall not be considered an unfit person for the sole reason that the Department of Children and Family Services or its assign has been found to have not made active efforts as defined in the Juvenile Court Act of 1987 during any period during the pendency of the case at hand. Provides that a parent shall not be found unfit for failure to make reasonable efforts or reasonable progress for any 9-month period during which a court, hearing a case under the Abused, Neglected or Dependent Minors Article of the Juvenile Court Act of 1987, found that the Department failed to make active efforts, as defined in the Juvenile Court Act of 1987 with respect to that parent. Provides that this provision applies to findings of failure to make active efforts made on or after the effective date of the amendatory Act.


LRB103 37041 RLC 67156 b

 

 

A BILL FOR

 

SB3183LRB103 37041 RLC 67156 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 1-2, 1-3, 2-10, 2-13, 2-13.1, 2-21, and 2-28
6as follows:
 
7    (705 ILCS 405/1-2)  (from Ch. 37, par. 801-2)
8    Sec. 1-2. Purpose and policy.
9    (1) The purpose of this Act is to secure for each minor
10subject hereto such care and guidance, preferably in the
11minor's own home, as will serve the safety and moral,
12emotional, mental, and physical welfare of the minor and the
13best interests of the community; to preserve and strengthen
14the minor's family ties whenever possible, removing the minor
15from the custody of the minor's parents only when the minor's
16safety or welfare or the protection of the public cannot be
17adequately safeguarded without removal; if the child is
18removed from the custody of the minor's parent, the Department
19of Children and Family Services immediately shall consider
20concurrent planning, as described in Section 5 of the Children
21and Family Services Act so that permanency may occur at the
22earliest opportunity; consideration should be given so that if
23reunification fails or is delayed, the placement made is the

 

 

SB3183- 2 -LRB103 37041 RLC 67156 b

1best available placement to provide permanency for the child;
2and, when the minor is removed from the minor's own family, to
3secure for the minor custody, care and discipline as nearly as
4possible equivalent to that which should be given by the
5minor's parents, and in cases where it should and can properly
6be done to place the minor in a family home so that the minor
7may become a member of the family by legal adoption or
8otherwise. Provided that a ground for unfitness under the
9Adoption Act can be met, it may be appropriate to expedite
10termination of parental rights:
11        (a) when active reasonable efforts are inappropriate,
12    or have been provided and were unsuccessful, and there are
13    aggravating circumstances including, but not limited to,
14    those cases in which (i) the child or another child of that
15    child's parent was (A) abandoned, (B) tortured, or (C)
16    chronically abused or (ii) the parent is criminally
17    convicted of (A) first degree murder or second degree
18    murder of any child, (B) attempt or conspiracy to commit
19    first degree murder or second degree murder of any child,
20    (C) solicitation to commit murder, solicitation to commit
21    murder for hire, solicitation to commit second degree
22    murder of any child, or aggravated assault in violation of
23    subdivision (a)(13) of Section 12-2 of the Criminal Code
24    of 1961 or the Criminal Code of 2012, or (D) aggravated
25    criminal sexual assault in violation of Section
26    11-1.40(a)(1) or 12-14.1(a)(1) of the Criminal Code of

 

 

SB3183- 3 -LRB103 37041 RLC 67156 b

1    1961 or the Criminal Code of 2012; or
2        (b) when the parental rights of a parent with respect
3    to another child of the parent have been involuntarily
4    terminated; or
5        (c) in those extreme cases in which the parent's
6    incapacity to care for the child, combined with an
7    extremely poor prognosis for treatment or rehabilitation,
8    justifies expedited termination of parental rights.
9    (2) In all proceedings under this Act the court may direct
10the course thereof so as promptly to ascertain the
11jurisdictional facts and fully to gather information bearing
12upon the current condition and future welfare of persons
13subject to this Act. This Act shall be administered in a spirit
14of humane concern, not only for the rights of the parties, but
15also for the fears and the limits of understanding of all who
16appear before the court.
17    (3) In all procedures under this Act, the following shall
18apply:
19        (a) The procedural rights assured to the minor shall
20    be the rights of adults unless specifically precluded by
21    laws which enhance the protection of such minors.
22        (b) Every child has a right to services necessary to
23    the child's safety and proper development, including
24    health, education and social services.
25        (c) The parents' right to the custody of their child
26    shall not prevail when the court determines that it is

 

 

SB3183- 4 -LRB103 37041 RLC 67156 b

1    contrary to the health, safety, and best interests of the
2    child.
3    (4) This Act shall be liberally construed to carry out the
4foregoing purpose and policy.
5(Source: P.A. 103-22, eff. 8-8-23.)
 
6    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
7    Sec. 1-3. Definitions. Terms used in this Act, unless the
8context otherwise requires, have the following meanings
9ascribed to them:
10    (.05) "Active efforts" means efforts that are affirmative,
11active, thorough, timely and intended to maintain or reunite a
12child with the child's family and represent a higher standard
13of conduct than reasonable efforts.
14    (1) "Adjudicatory hearing" means a hearing to determine
15whether the allegations of a petition under Section 2-13,
163-15, or 4-12 that a minor under 18 years of age is abused,
17neglected, or dependent, or requires authoritative
18intervention, or addicted, respectively, are supported by a
19preponderance of the evidence or whether the allegations of a
20petition under Section 5-520 that a minor is delinquent are
21proved beyond a reasonable doubt.
22    (2) "Adult" means a person 21 years of age or older.
23    (3) "Agency" means a public or private child care facility
24legally authorized or licensed by this State for placement or
25institutional care or for both placement and institutional

 

 

SB3183- 5 -LRB103 37041 RLC 67156 b

1care.
2    (4) "Association" means any organization, public or
3private, engaged in welfare functions which include services
4to or on behalf of children but does not include "agency" as
5herein defined.
6    (4.05) Whenever a "best interest" determination is
7required, the following factors shall be considered in the
8context of the child's age and developmental needs:
9        (a) the physical safety and welfare of the child,
10    including food, shelter, health, and clothing;
11        (b) the development of the child's identity;
12        (c) the child's background and ties, including
13    familial, cultural, and religious;
14        (d) the child's sense of attachments, including:
15            (i) where the child actually feels love,
16        attachment, and a sense of being valued (as opposed to
17        where adults believe the child should feel such love,
18        attachment, and a sense of being valued);
19            (ii) the child's sense of security;
20            (iii) the child's sense of familiarity;
21            (iv) continuity of affection for the child;
22            (v) the least disruptive placement alternative for
23        the child;
24        (e) the child's wishes and long-term goals;
25        (f) the child's community ties, including church,
26    school, and friends;

 

 

SB3183- 6 -LRB103 37041 RLC 67156 b

1        (g) the child's need for permanence which includes the
2    child's need for stability and continuity of relationships
3    with parent figures and with siblings and other relatives;
4        (h) the uniqueness of every family and child;
5        (i) the risks attendant to entering and being in
6    substitute care; and
7        (j) the preferences of the persons available to care
8    for the child.
9    (4.1) "Chronic truant" shall have the definition ascribed
10to it in Section 26-2a of the School Code.
11    (5) "Court" means the circuit court in a session or
12division assigned to hear proceedings under this Act.
13    (6) "Dispositional hearing" means a hearing to determine
14whether a minor should be adjudged to be a ward of the court,
15and to determine what order of disposition should be made in
16respect to a minor adjudged to be a ward of the court.
17    (6.5) "Dissemination" or "disseminate" means to publish,
18produce, print, manufacture, distribute, sell, lease, exhibit,
19broadcast, display, transmit, or otherwise share information
20in any format so as to make the information accessible to
21others.
22    (7) "Emancipated minor" means any minor 16 years of age or
23over who has been completely or partially emancipated under
24the Emancipation of Minors Act or under this Act.
25    (7.03) "Expunge" means to physically destroy the records
26and to obliterate the minor's name from any official index,

 

 

SB3183- 7 -LRB103 37041 RLC 67156 b

1public record, or electronic database.
2    (7.05) "Foster parent" includes a relative caregiver
3selected by the Department of Children and Family Services to
4provide care for the minor.
5    (8) "Guardianship of the person" of a minor means the duty
6and authority to act in the best interests of the minor,
7subject to residual parental rights and responsibilities, to
8make important decisions in matters having a permanent effect
9on the life and development of the minor and to be concerned
10with the minor's general welfare. It includes but is not
11necessarily limited to:
12        (a) the authority to consent to marriage, to
13    enlistment in the armed forces of the United States, or to
14    a major medical, psychiatric, and surgical treatment; to
15    represent the minor in legal actions; and to make other
16    decisions of substantial legal significance concerning the
17    minor;
18        (b) the authority and duty of reasonable visitation,
19    except to the extent that these have been limited in the
20    best interests of the minor by court order;
21        (c) the rights and responsibilities of legal custody
22    except where legal custody has been vested in another
23    person or agency; and
24        (d) the power to consent to the adoption of the minor,
25    but only if expressly conferred on the guardian in
26    accordance with Section 2-29, 3-30, or 4-27.

 

 

SB3183- 8 -LRB103 37041 RLC 67156 b

1    (8.1) "Juvenile court record" includes, but is not limited
2to:
3        (a) all documents filed in or maintained by the
4    juvenile court pertaining to a specific incident,
5    proceeding, or individual;
6        (b) all documents relating to a specific incident,
7    proceeding, or individual made available to or maintained
8    by probation officers;
9        (c) all documents, video or audio tapes, photographs,
10    and exhibits admitted into evidence at juvenile court
11    hearings; or
12        (d) all documents, transcripts, records, reports, or
13    other evidence prepared by, maintained by, or released by
14    any municipal, county, or State agency or department, in
15    any format, if indicating involvement with the juvenile
16    court relating to a specific incident, proceeding, or
17    individual.
18    (8.2) "Juvenile law enforcement record" includes records
19of arrest, station adjustments, fingerprints, probation
20adjustments, the issuance of a notice to appear, or any other
21records or documents maintained by any law enforcement agency
22relating to a minor suspected of committing an offense, and
23records maintained by a law enforcement agency that identifies
24a juvenile as a suspect in committing an offense, but does not
25include records identifying a juvenile as a victim, witness,
26or missing juvenile and any records created, maintained, or

 

 

SB3183- 9 -LRB103 37041 RLC 67156 b

1used for purposes of referral to programs relating to
2diversion as defined in subsection (6) of Section 5-105.
3    (9) "Legal custody" means the relationship created by an
4order of court in the best interests of the minor which imposes
5on the custodian the responsibility of physical possession of
6a minor and the duty to protect, train and discipline the minor
7and to provide the minor with food, shelter, education, and
8ordinary medical care, except as these are limited by residual
9parental rights and responsibilities and the rights and
10responsibilities of the guardian of the person, if any.
11    (9.1) "Mentally capable adult relative" means a person 21
12years of age or older who is not suffering from a mental
13illness that prevents the person from providing the care
14necessary to safeguard the physical safety and welfare of a
15minor who is left in that person's care by the parent or
16parents or other person responsible for the minor's welfare.
17    (10) "Minor" means a person under the age of 21 years
18subject to this Act.
19    (11) "Parent" means a father or mother of a child and
20includes any adoptive parent. It also includes a person (i)
21whose parentage is presumed or has been established under the
22law of this or another jurisdiction or (ii) who has registered
23with the Putative Father Registry in accordance with Section
2412.1 of the Adoption Act and whose paternity has not been ruled
25out under the law of this or another jurisdiction. It does not
26include a parent whose rights in respect to the minor have been

 

 

SB3183- 10 -LRB103 37041 RLC 67156 b

1terminated in any manner provided by law. It does not include a
2person who has been or could be determined to be a parent under
3the Illinois Parentage Act of 1984 or the Illinois Parentage
4Act of 2015, or similar parentage law in any other state, if
5that person has been convicted of or pled nolo contendere to a
6crime that resulted in the conception of the child under
7Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
812-14.1, subsection (a) or (b) (but not subsection (c)) of
9Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
10(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
11Criminal Code of 1961 or the Criminal Code of 2012, or similar
12statute in another jurisdiction unless upon motion of any
13party, other than the offender, to the juvenile court
14proceedings the court finds it is in the child's best interest
15to deem the offender a parent for purposes of the juvenile
16court proceedings.
17    (11.1) "Permanency goal" means a goal set by the court as
18defined in subdivision (2) of Section 2-28.
19    (11.2) "Permanency hearing" means a hearing to set the
20permanency goal and to review and determine (i) the
21appropriateness of the services contained in the plan and
22whether those services have been provided, (ii) whether
23reasonable efforts have been made by all the parties to the
24service plan to achieve the goal, and (iii) whether the plan
25and goal have been achieved.
26    (12) "Petition" means the petition provided for in Section

 

 

SB3183- 11 -LRB103 37041 RLC 67156 b

12-13, 3-15, 4-12, or 5-520, including any supplemental
2petitions thereunder in Section 3-15, 4-12, or 5-520.
3    (12.1) "Physically capable adult relative" means a person
421 years of age or older who does not have a severe physical
5disability or medical condition, or is not suffering from
6alcoholism or drug addiction, that prevents the person from
7providing the care necessary to safeguard the physical safety
8and welfare of a minor who is left in that person's care by the
9parent or parents or other person responsible for the minor's
10welfare.
11    (12.2) "Post Permanency Sibling Contact Agreement" has the
12meaning ascribed to the term in Section 7.4 of the Children and
13Family Services Act.
14    (12.3) "Residential treatment center" means a licensed
15setting that provides 24-hour care to children in a group home
16or institution, including a facility licensed as a child care
17institution under Section 2.06 of the Child Care Act of 1969, a
18licensed group home under Section 2.16 of the Child Care Act of
191969, a qualified residential treatment program under Section
202.35 of the Child Care Act of 1969, a secure child care
21facility as defined in paragraph (18) of this Section, or any
22similar facility in another state. "Residential treatment
23center" does not include a relative foster home or a licensed
24foster family home.
25    (13) "Residual parental rights and responsibilities" means
26those rights and responsibilities remaining with the parent

 

 

SB3183- 12 -LRB103 37041 RLC 67156 b

1after the transfer of legal custody or guardianship of the
2person, including, but not necessarily limited to, the right
3to reasonable visitation (which may be limited by the court in
4the best interests of the minor as provided in subsection
5(8)(b) of this Section), the right to consent to adoption, the
6right to determine the minor's religious affiliation, and the
7responsibility for the minor's support.
8    (14) "Shelter" means the temporary care of a minor in
9physically unrestricting facilities pending court disposition
10or execution of court order for placement.
11    (14.05) "Shelter placement" means a temporary or emergency
12placement for a minor, including an emergency foster home
13placement.
14    (14.1) "Sibling Contact Support Plan" has the meaning
15ascribed to the term in Section 7.4 of the Children and Family
16Services Act.
17    (14.2) "Significant event report" means a written document
18describing an occurrence or event beyond the customary
19operations, routines, or relationships in the Department of
20Children of Family Services, a child care facility, or other
21entity that is licensed or regulated by the Department of
22Children of Family Services or that provides services for the
23Department of Children of Family Services under a grant,
24contract, or purchase of service agreement; involving children
25or youth, employees, foster parents, or relative caregivers;
26allegations of abuse or neglect or any other incident raising

 

 

SB3183- 13 -LRB103 37041 RLC 67156 b

1a concern about the well-being of a minor under the
2jurisdiction of the court under Article II of the Juvenile
3Court Act of 1987; incidents involving damage to property,
4allegations of criminal activity, misconduct, or other
5occurrences affecting the operations of the Department of
6Children of Family Services or a child care facility; any
7incident that could have media impact; and unusual incidents
8as defined by Department of Children and Family Services rule.
9    (15) "Station adjustment" means the informal handling of
10an alleged offender by a juvenile police officer.
11    (16) "Ward of the court" means a minor who is so adjudged
12under Section 2-22, 3-23, 4-20, or 5-705, after a finding of
13the requisite jurisdictional facts, and thus is subject to the
14dispositional powers of the court under this Act.
15    (17) "Juvenile police officer" means a sworn police
16officer who has completed a Basic Recruit Training Course, has
17been assigned to the position of juvenile police officer by
18the officer's chief law enforcement officer and has completed
19the necessary juvenile officers training as prescribed by the
20Illinois Law Enforcement Training Standards Board, or in the
21case of a State police officer, juvenile officer training
22approved by the Director of the Illinois State Police.
23    (18) "Secure child care facility" means any child care
24facility licensed by the Department of Children and Family
25Services to provide secure living arrangements for children
26under 18 years of age who are subject to placement in

 

 

SB3183- 14 -LRB103 37041 RLC 67156 b

1facilities under the Children and Family Services Act and who
2are not subject to placement in facilities for whom standards
3are established by the Department of Corrections under Section
43-15-2 of the Unified Code of Corrections. "Secure child care
5facility" also means a facility that is designed and operated
6to ensure that all entrances and exits from the facility, a
7building, or a distinct part of the building are under the
8exclusive control of the staff of the facility, whether or not
9the child has the freedom of movement within the perimeter of
10the facility, building, or distinct part of the building.
11(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23;
12103-564, eff. 11-17-23.)
 
13    (705 ILCS 405/2-10)  (from Ch. 37, par. 802-10)
14    Sec. 2-10. Temporary custody hearing. At the appearance of
15the minor before the court at the temporary custody hearing,
16all witnesses present shall be examined before the court in
17relation to any matter connected with the allegations made in
18the petition.
19    (1) If the court finds that there is not probable cause to
20believe that the minor is abused, neglected, or dependent it
21shall release the minor and dismiss the petition.
22    (2) If the court finds that there is probable cause to
23believe that the minor is abused, neglected, or dependent, the
24court shall state in writing the factual basis supporting its
25finding and the minor, the minor's parent, guardian, or

 

 

SB3183- 15 -LRB103 37041 RLC 67156 b

1custodian, and other persons able to give relevant testimony
2shall be examined before the court. The Department of Children
3and Family Services shall give testimony concerning indicated
4reports of abuse and neglect, of which they are aware through
5the central registry, involving the minor's parent, guardian,
6or custodian. After such testimony, the court may, consistent
7with the health, safety, and best interests of the minor,
8enter an order that the minor shall be released upon the
9request of parent, guardian, or custodian if the parent,
10guardian, or custodian appears to take custody. If it is
11determined that a parent's, guardian's, or custodian's
12compliance with critical services mitigates the necessity for
13removal of the minor from the minor's home, the court may enter
14an Order of Protection setting forth reasonable conditions of
15behavior that a parent, guardian, or custodian must observe
16for a specified period of time, not to exceed 12 months,
17without a violation; provided, however, that the 12-month
18period shall begin anew after any violation. "Custodian"
19includes the Department of Children and Family Services, if it
20has been given custody of the child, or any other agency of the
21State which has been given custody or wardship of the child. If
22it is consistent with the health, safety, and best interests
23of the minor, the court may also prescribe shelter care and
24order that the minor be kept in a suitable place designated by
25the court or in a shelter care facility designated by the
26Department of Children and Family Services or a licensed child

 

 

SB3183- 16 -LRB103 37041 RLC 67156 b

1welfare agency; however, on and after January 1, 2015 (the
2effective date of Public Act 98-803) and before January 1,
32017, a minor charged with a criminal offense under the
4Criminal Code of 1961 or the Criminal Code of 2012 or
5adjudicated delinquent shall not be placed in the custody of
6or committed to the Department of Children and Family Services
7by any court, except a minor less than 16 years of age and
8committed to the Department of Children and Family Services
9under Section 5-710 of this Act or a minor for whom an
10independent basis of abuse, neglect, or dependency exists; and
11on and after January 1, 2017, a minor charged with a criminal
12offense under the Criminal Code of 1961 or the Criminal Code of
132012 or adjudicated delinquent shall not be placed in the
14custody of or committed to the Department of Children and
15Family Services by any court, except a minor less than 15 years
16of age and committed to the Department of Children and Family
17Services under Section 5-710 of this Act or a minor for whom an
18independent basis of abuse, neglect, or dependency exists. An
19independent basis exists when the allegations or adjudication
20of abuse, neglect, or dependency do not arise from the same
21facts, incident, or circumstances which give rise to a charge
22or adjudication of delinquency.
23    In placing the minor, the Department or other agency
24shall, to the extent compatible with the court's order, comply
25with Section 7 of the Children and Family Services Act. In
26determining the health, safety, and best interests of the

 

 

SB3183- 17 -LRB103 37041 RLC 67156 b

1minor to prescribe shelter care, the court must find that it is
2a matter of immediate and urgent necessity for the safety, and
3protection of the minor or of the person or property of another
4that the minor be placed in a shelter care facility or that the
5minor is likely to flee the jurisdiction of the court, and must
6further find that active reasonable efforts have been made or
7that, consistent with the health, safety and best interests of
8the minor, no efforts reasonably can be made to prevent or
9eliminate the necessity of removal of the minor from the
10minor's home. The court shall require documentation from the
11Department of Children and Family Services as to the active
12reasonable efforts that were made to prevent or eliminate the
13necessity of removal of the minor from the minor's home or the
14reasons why no efforts reasonably could be made to prevent or
15eliminate the necessity of removal. When a minor is placed in
16the home of a relative, the Department of Children and Family
17Services shall complete a preliminary background review of the
18members of the minor's custodian's household in accordance
19with Section 4.3 of the Child Care Act of 1969 within 90 days
20of that placement. If the minor is ordered placed in a shelter
21care facility of the Department of Children and Family
22Services or a licensed child welfare agency, the court shall,
23upon request of the appropriate Department or other agency,
24appoint the Department of Children and Family Services
25Guardianship Administrator or other appropriate agency
26executive temporary custodian of the minor and the court may

 

 

SB3183- 18 -LRB103 37041 RLC 67156 b

1enter such other orders related to the temporary custody as it
2deems fit and proper, including the provision of services to
3the minor or the minor's family to ameliorate the causes
4contributing to the finding of probable cause or to the
5finding of the existence of immediate and urgent necessity.
6    Where the Department of Children and Family Services
7Guardianship Administrator is appointed as the executive
8temporary custodian, the Department of Children and Family
9Services shall file with the court and serve on the parties a
10parent-child visiting plan, within 10 days, excluding weekends
11and holidays, after the appointment. The parent-child visiting
12plan shall set out the time and place of visits, the frequency
13of visits, the length of visits, who shall be present at the
14visits, and where appropriate, the minor's opportunities to
15have telephone and mail communication with the parents.
16    Where the Department of Children and Family Services
17Guardianship Administrator is appointed as the executive
18temporary custodian, and when the child has siblings in care,
19the Department of Children and Family Services shall file with
20the court and serve on the parties a sibling placement and
21contact plan within 10 days, excluding weekends and holidays,
22after the appointment. The sibling placement and contact plan
23shall set forth whether the siblings are placed together, and
24if they are not placed together, what, if any, efforts are
25being made to place them together. If the Department has
26determined that it is not in a child's best interest to be

 

 

SB3183- 19 -LRB103 37041 RLC 67156 b

1placed with a sibling, the Department shall document in the
2sibling placement and contact plan the basis for its
3determination. For siblings placed separately, the sibling
4placement and contact plan shall set the time and place for
5visits, the frequency of the visits, the length of visits, who
6shall be present for the visits, and where appropriate, the
7child's opportunities to have contact with their siblings in
8addition to in person contact. If the Department determines it
9is not in the best interest of a sibling to have contact with a
10sibling, the Department shall document in the sibling
11placement and contact plan the basis for its determination.
12The sibling placement and contact plan shall specify a date
13for development of the Sibling Contact Support Plan, under
14subsection (f) of Section 7.4 of the Children and Family
15Services Act, and shall remain in effect until the Sibling
16Contact Support Plan is developed.
17    For good cause, the court may waive the requirement to
18file the parent-child visiting plan or the sibling placement
19and contact plan, or extend the time for filing either plan.
20Any party may, by motion, request the court to review the
21parent-child visiting plan to determine whether it is
22reasonably calculated to expeditiously facilitate the
23achievement of the permanency goal. A party may, by motion,
24request the court to review the parent-child visiting plan or
25the sibling placement and contact plan to determine whether it
26is consistent with the minor's best interest. The court may

 

 

SB3183- 20 -LRB103 37041 RLC 67156 b

1refer the parties to mediation where available. The frequency,
2duration, and locations of visitation shall be measured by the
3needs of the child and family, and not by the convenience of
4Department personnel. Child development principles shall be
5considered by the court in its analysis of how frequent
6visitation should be, how long it should last, where it should
7take place, and who should be present. If upon motion of the
8party to review either plan and after receiving evidence, the
9court determines that the parent-child visiting plan is not
10reasonably calculated to expeditiously facilitate the
11achievement of the permanency goal or that the restrictions
12placed on parent-child contact or sibling placement or contact
13are contrary to the child's best interests, the court shall
14put in writing the factual basis supporting the determination
15and enter specific findings based on the evidence. The court
16shall enter an order for the Department to implement changes
17to the parent-child visiting plan or sibling placement or
18contact plan, consistent with the court's findings. At any
19stage of proceeding, any party may by motion request the court
20to enter any orders necessary to implement the parent-child
21visiting plan, sibling placement or contact plan, or
22subsequently developed Sibling Contact Support Plan. Nothing
23under this subsection (2) shall restrict the court from
24granting discretionary authority to the Department to increase
25opportunities for additional parent-child contacts or sibling
26contacts, without further court orders. Nothing in this

 

 

SB3183- 21 -LRB103 37041 RLC 67156 b

1subsection (2) shall restrict the Department from immediately
2restricting or terminating parent-child contact or sibling
3contacts, without either amending the parent-child visiting
4plan or the sibling contact plan or obtaining a court order,
5where the Department or its assigns reasonably believe there
6is an immediate need to protect the child's health, safety,
7and welfare. Such restrictions or terminations must be based
8on available facts to the Department and its assigns when
9viewed in light of the surrounding circumstances and shall
10only occur on an individual case-by-case basis. The Department
11shall file with the court and serve on the parties any
12amendments to the plan within 10 days, excluding weekends and
13holidays, of the change of the visitation.
14    Acceptance of services shall not be considered an
15admission of any allegation in a petition made pursuant to
16this Act, nor may a referral of services be considered as
17evidence in any proceeding pursuant to this Act, except where
18the issue is whether the Department has made active reasonable
19efforts to reunite the family. In making its findings that it
20is consistent with the health, safety, and best interests of
21the minor to prescribe shelter care, the court shall state in
22writing (i) the factual basis supporting its findings
23concerning the immediate and urgent necessity for the
24protection of the minor or of the person or property of another
25and (ii) the factual basis supporting its findings that active
26reasonable efforts were made to prevent or eliminate the

 

 

SB3183- 22 -LRB103 37041 RLC 67156 b

1removal of the minor from the minor's home or that no efforts
2reasonably could be made to prevent or eliminate the removal
3of the minor from the minor's home. The parents, guardian,
4custodian, temporary custodian, and minor shall each be
5furnished a copy of such written findings. The temporary
6custodian shall maintain a copy of the court order and written
7findings in the case record for the child. The order together
8with the court's findings of fact in support thereof shall be
9entered of record in the court.
10    Once the court finds that it is a matter of immediate and
11urgent necessity for the protection of the minor that the
12minor be placed in a shelter care facility, the minor shall not
13be returned to the parent, custodian, or guardian until the
14court finds that such placement is no longer necessary for the
15protection of the minor.
16    If the child is placed in the temporary custody of the
17Department of Children and Family Services for the minor's
18protection, the court shall admonish the parents, guardian,
19custodian, or responsible relative that the parents must
20cooperate with the Department of Children and Family Services,
21comply with the terms of the service plans, and correct the
22conditions which require the child to be in care, or risk
23termination of their parental rights. The court shall ensure,
24by inquiring in open court of each parent, guardian,
25custodian, or responsible relative, that the parent, guardian,
26custodian, or responsible relative has had the opportunity to

 

 

SB3183- 23 -LRB103 37041 RLC 67156 b

1provide the Department with all known names, addresses, and
2telephone numbers of each of the minor's living adult
3relatives, including, but not limited to, grandparents,
4siblings of the minor's parents, and siblings. The court shall
5advise the parents, guardian, custodian, or responsible
6relative to inform the Department if additional information
7regarding the minor's adult relatives becomes available.
8    (3) If prior to the shelter care hearing for a minor
9described in Sections 2-3, 2-4, 3-3, and 4-3 the moving party
10is unable to serve notice on the party respondent, the shelter
11care hearing may proceed ex parte. A shelter care order from an
12ex parte hearing shall be endorsed with the date and hour of
13issuance and shall be filed with the clerk's office and
14entered of record. The order shall expire after 10 days from
15the time it is issued unless before its expiration it is
16renewed, at a hearing upon appearance of the party respondent,
17or upon an affidavit of the moving party as to all diligent
18efforts to notify the party respondent by notice as herein
19prescribed. The notice prescribed shall be in writing and
20shall be personally delivered to the minor or the minor's
21attorney and to the last known address of the other person or
22persons entitled to notice. The notice shall also state the
23nature of the allegations, the nature of the order sought by
24the State, including whether temporary custody is sought, and
25the consequences of failure to appear and shall contain a
26notice that the parties will not be entitled to further

 

 

SB3183- 24 -LRB103 37041 RLC 67156 b

1written notices or publication notices of proceedings in this
2case, including the filing of an amended petition or a motion
3to terminate parental rights, except as required by Supreme
4Court Rule 11; and shall explain the right of the parties and
5the procedures to vacate or modify a shelter care order as
6provided in this Section. The notice for a shelter care
7hearing shall be substantially as follows:
8
NOTICE TO PARENTS AND CHILDREN
9
OF SHELTER CARE HEARING
10        On ................ at ........., before the Honorable
11    ................, (address:) ................., the State
12    of Illinois will present evidence (1) that (name of child
13    or children) ....................... are abused,
14    neglected, or dependent for the following reasons:
15    .............................................. and (2)
16    whether there is "immediate and urgent necessity" to
17    remove the child or children from the responsible
18    relative.
19        YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
20    PLACEMENT of the child or children in foster care until a
21    trial can be held. A trial may not be held for up to 90
22    days. You will not be entitled to further notices of
23    proceedings in this case, including the filing of an
24    amended petition or a motion to terminate parental rights.
25        At the shelter care hearing, parents have the
26    following rights:

 

 

SB3183- 25 -LRB103 37041 RLC 67156 b

1            1. To ask the court to appoint a lawyer if they
2        cannot afford one.
3            2. To ask the court to continue the hearing to
4        allow them time to prepare.
5            3. To present evidence concerning:
6                a. Whether or not the child or children were
7            abused, neglected or dependent.
8                b. Whether or not there is "immediate and
9            urgent necessity" to remove the child from home
10            (including: their ability to care for the child,
11            conditions in the home, alternative means of
12            protecting the child other than removal).
13                c. The best interests of the child.
14            4. To cross examine the State's witnesses.
 
15    The Notice for rehearings shall be substantially as
16follows:
17
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
18
TO REHEARING ON TEMPORARY CUSTODY
19        If you were not present at and did not have adequate
20    notice of the Shelter Care Hearing at which temporary
21    custody of ............... was awarded to
22    ................, you have the right to request a full
23    rehearing on whether the State should have temporary
24    custody of ................. To request this rehearing,
25    you must file with the Clerk of the Juvenile Court

 

 

SB3183- 26 -LRB103 37041 RLC 67156 b

1    (address): ........................, in person or by
2    mailing a statement (affidavit) setting forth the
3    following:
4            1. That you were not present at the shelter care
5        hearing.
6            2. That you did not get adequate notice
7        (explaining how the notice was inadequate).
8            3. Your signature.
9            4. Signature must be notarized.
10        The rehearing should be scheduled within 48 hours of
11    your filing this affidavit.
12        At the rehearing, your rights are the same as at the
13    initial shelter care hearing. The enclosed notice explains
14    those rights.
15        At the Shelter Care Hearing, children have the
16    following rights:
17            1. To have a guardian ad litem appointed.
18            2. To be declared competent as a witness and to
19        present testimony concerning:
20                a. Whether they are abused, neglected or
21            dependent.
22                b. Whether there is "immediate and urgent
23            necessity" to be removed from home.
24                c. Their best interests.
25            3. To cross examine witnesses for other parties.
26            4. To obtain an explanation of any proceedings and

 

 

SB3183- 27 -LRB103 37041 RLC 67156 b

1        orders of the court.
2    (4) If the parent, guardian, legal custodian, responsible
3relative, minor age 8 or over, or counsel of the minor did not
4have actual notice of or was not present at the shelter care
5hearing, the parent, guardian, legal custodian, responsible
6relative, minor age 8 or over, or counsel of the minor may file
7an affidavit setting forth these facts, and the clerk shall
8set the matter for rehearing not later than 48 hours,
9excluding Sundays and legal holidays, after the filing of the
10affidavit. At the rehearing, the court shall proceed in the
11same manner as upon the original hearing.
12    (5) Only when there is reasonable cause to believe that
13the minor taken into custody is a person described in
14subsection (3) of Section 5-105 may the minor be kept or
15detained in a detention home or county or municipal jail. This
16Section shall in no way be construed to limit subsection (6).
17    (6) No minor under 16 years of age may be confined in a
18jail or place ordinarily used for the confinement of prisoners
19in a police station. Minors under 18 years of age must be kept
20separate from confined adults and may not at any time be kept
21in the same cell, room, or yard with adults confined pursuant
22to the criminal law.
23    (7) If the minor is not brought before a judicial officer
24within the time period as specified in Section 2-9, the minor
25must immediately be released from custody.
26    (8) If neither the parent, guardian, or custodian appears

 

 

SB3183- 28 -LRB103 37041 RLC 67156 b

1within 24 hours to take custody of a minor released upon
2request pursuant to subsection (2) of this Section, then the
3clerk of the court shall set the matter for rehearing not later
4than 7 days after the original order and shall issue a summons
5directed to the parent, guardian, or custodian to appear. At
6the same time the probation department shall prepare a report
7on the minor. If a parent, guardian, or custodian does not
8appear at such rehearing, the judge may enter an order
9prescribing that the minor be kept in a suitable place
10designated by the Department of Children and Family Services
11or a licensed child welfare agency.
12    (9) Notwithstanding any other provision of this Section
13any interested party, including the State, the temporary
14custodian, an agency providing services to the minor or family
15under a service plan pursuant to Section 8.2 of the Abused and
16Neglected Child Reporting Act, foster parent, or any of their
17representatives, on notice to all parties entitled to notice,
18may file a motion that it is in the best interests of the minor
19to modify or vacate a temporary custody order on any of the
20following grounds:
21        (a) It is no longer a matter of immediate and urgent
22    necessity that the minor remain in shelter care; or
23        (b) There is a material change in the circumstances of
24    the natural family from which the minor was removed and
25    the child can be cared for at home without endangering the
26    child's health or safety; or

 

 

SB3183- 29 -LRB103 37041 RLC 67156 b

1        (c) A person not a party to the alleged abuse, neglect
2    or dependency, including a parent, relative, or legal
3    guardian, is capable of assuming temporary custody of the
4    minor; or
5        (d) Services provided by the Department of Children
6    and Family Services or a child welfare agency or other
7    service provider have been successful in eliminating the
8    need for temporary custody and the child can be cared for
9    at home without endangering the child's health or safety.
10    In ruling on the motion, the court shall determine whether
11it is consistent with the health, safety, and best interests
12of the minor to modify or vacate a temporary custody order. If
13the minor is being restored to the custody of a parent, legal
14custodian, or guardian who lives outside of Illinois, and an
15Interstate Compact has been requested and refused, the court
16may order the Department of Children and Family Services to
17arrange for an assessment of the minor's proposed living
18arrangement and for ongoing monitoring of the health, safety,
19and best interest of the minor and compliance with any order of
20protective supervision entered in accordance with Section 2-20
21or 2-25.
22    The clerk shall set the matter for hearing not later than
2314 days after such motion is filed. In the event that the court
24modifies or vacates a temporary custody order but does not
25vacate its finding of probable cause, the court may order that
26appropriate services be continued or initiated in behalf of

 

 

SB3183- 30 -LRB103 37041 RLC 67156 b

1the minor and the minor's family.
2    (10) When the court finds or has found that there is
3probable cause to believe a minor is an abused minor as
4described in subsection (2) of Section 2-3 and that there is an
5immediate and urgent necessity for the abused minor to be
6placed in shelter care, immediate and urgent necessity shall
7be presumed for any other minor residing in the same household
8as the abused minor provided:
9        (a) Such other minor is the subject of an abuse or
10    neglect petition pending before the court; and
11        (b) A party to the petition is seeking shelter care
12    for such other minor.
13    Once the presumption of immediate and urgent necessity has
14been raised, the burden of demonstrating the lack of immediate
15and urgent necessity shall be on any party that is opposing
16shelter care for the other minor.
17    (11) The changes made to this Section by Public Act 98-61
18apply to a minor who has been arrested or taken into custody on
19or after January 1, 2014 (the effective date of Public Act
2098-61).
21    (12) After the court has placed a minor in the care of a
22temporary custodian pursuant to this Section, any party may
23file a motion requesting the court to grant the temporary
24custodian the authority to serve as a surrogate decision maker
25for the minor under the Health Care Surrogate Act for purposes
26of making decisions pursuant to paragraph (1) of subsection

 

 

SB3183- 31 -LRB103 37041 RLC 67156 b

1(b) of Section 20 of the Health Care Surrogate Act. The court
2may grant the motion if it determines by clear and convincing
3evidence that it is in the best interests of the minor to grant
4the temporary custodian such authority. In making its
5determination, the court shall weigh the following factors in
6addition to considering the best interests factors listed in
7subsection (4.05) of Section 1-3 of this Act:
8        (a) the efforts to identify and locate the respondents
9    and adult family members of the minor and the results of
10    those efforts;
11        (b) the efforts to engage the respondents and adult
12    family members of the minor in decision making on behalf
13    of the minor;
14        (c) the length of time the efforts in paragraphs (a)
15    and (b) have been ongoing;
16        (d) the relationship between the respondents and adult
17    family members and the minor;
18        (e) medical testimony regarding the extent to which
19    the minor is suffering and the impact of a delay in
20    decision-making on the minor; and
21        (f) any other factor the court deems relevant.
22    If the Department of Children and Family Services is the
23temporary custodian of the minor, in addition to the
24requirements of paragraph (1) of subsection (b) of Section 20
25of the Health Care Surrogate Act, the Department shall follow
26its rules and procedures in exercising authority granted under

 

 

SB3183- 32 -LRB103 37041 RLC 67156 b

1this subsection.
2(Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22;
3102-813, eff. 5-13-22; 103-22, eff. 8-8-23; revised 9-20-23.)
 
4    (705 ILCS 405/2-13)  (from Ch. 37, par. 802-13)
5    Sec. 2-13. Petition.
6    (1) Any adult person, any agency or association by its
7representative may file, or the court on its own motion,
8consistent with the health, safety and best interests of the
9minor may direct the filing through the State's Attorney of a
10petition in respect of a minor under this Act. The petition and
11all subsequent court documents shall be entitled "In the
12interest of ...., a minor".
13    (2) The petition shall be verified but the statements may
14be made upon information and belief. It shall allege that the
15minor is abused, neglected, or dependent, with citations to
16the appropriate provisions of this Act, and set forth (a)
17facts sufficient to bring the minor under Section 2-3 or 2-4
18and to inform respondents of the cause of action, including,
19but not limited to, a plain and concise statement of the
20factual allegations that form the basis for the filing of the
21petition; (b) the name, age and residence of the minor; (c) the
22names and residences of the minor's parents; (d) the name and
23residence of the minor's legal guardian or the person or
24persons having custody or control of the minor, or of the
25nearest known relative if no parent or guardian can be found;

 

 

SB3183- 33 -LRB103 37041 RLC 67156 b

1and (e) if the minor upon whose behalf the petition is brought
2is sheltered in custody, the date on which such temporary
3custody was ordered by the court or the date set for a
4temporary custody hearing. If any of the facts herein required
5are not known by the petitioner, the petition shall so state.
6    (3) The petition must allege that it is in the best
7interests of the minor and of the public that the minor be
8adjudged a ward of the court and may pray generally for relief
9available under this Act. The petition need not specify any
10proposed disposition following adjudication of wardship. The
11petition may request that the minor remain in the custody of
12the parent, guardian, or custodian under an Order of
13Protection.
14    (4) If termination of parental rights and appointment of a
15guardian of the person with power to consent to adoption of the
16minor under Section 2-29 is sought, the petition shall so
17state. If the petition includes this request, the prayer for
18relief shall clearly and obviously state that the parents
19could permanently lose their rights as a parent at this
20hearing.
21    In addition to the foregoing, the petitioner, by motion,
22may request the termination of parental rights and appointment
23of a guardian of the person with power to consent to adoption
24of the minor under Section 2-29 at any time after the entry of
25a dispositional order under Section 2-22.
26    (4.5) (a) Unless good cause exists that filing a petition

 

 

SB3183- 34 -LRB103 37041 RLC 67156 b

1to terminate parental rights is contrary to the child's best
2interests, with respect to any minors committed to its care
3pursuant to this Act, the Department of Children and Family
4Services shall request the State's Attorney to file a petition
5or motion for termination of parental rights and appointment
6of guardian of the person with power to consent to adoption of
7the minor under Section 2-29 if:
8        (i) a minor has been in foster care, as described in
9    subsection (b), for 15 months of the most recent 22
10    months; or
11        (ii) a minor under the age of 2 years has been
12    previously determined to be abandoned at an adjudicatory
13    hearing; or
14        (iii) the parent is criminally convicted of:
15            (A) first degree murder or second degree murder of
16        any child;
17            (B) attempt or conspiracy to commit first degree
18        murder or second degree murder of any child;
19            (C) solicitation to commit murder of any child,
20        solicitation to commit murder for hire of any child,
21        or solicitation to commit second degree murder of any
22        child;
23            (D) aggravated battery, aggravated battery of a
24        child, or felony domestic battery, any of which has
25        resulted in serious injury to the minor or a sibling of
26        the minor;

 

 

SB3183- 35 -LRB103 37041 RLC 67156 b

1            (E) predatory criminal sexual assault of a child;
2            (E-5) aggravated criminal sexual assault;
3            (E-10) criminal sexual abuse in violation of
4        subsection (a) of Section 11-1.50 of the Criminal Code
5        of 1961 or the Criminal Code of 2012;
6            (E-15) sexual exploitation of a child;
7            (E-20) permitting sexual abuse of a child;
8            (E-25) criminal sexual assault; or
9            (F) an offense in any other state the elements of
10        which are similar and bear a substantial relationship
11        to any of the foregoing offenses.
12    (a-1) For purposes of this subsection (4.5), good cause
13exists in the following circumstances:
14        (i) the child is being cared for by a relative,
15        (ii) the Department has documented in the case plan a
16    compelling reason for determining that filing such
17    petition would not be in the best interests of the child,
18        (iii) the court has found within the preceding 12
19    months that the Department has failed to make active
20    reasonable efforts to reunify the child and family, or
21        (iv) the parent is incarcerated, or the parent's prior
22    incarceration is a significant factor in why the child has
23    been in foster care for 15 months out of any 22-month
24    period, the parent maintains a meaningful role in the
25    child's life, and the Department has not documented
26    another reason why it would otherwise be appropriate to

 

 

SB3183- 36 -LRB103 37041 RLC 67156 b

1    file a petition to terminate parental rights pursuant to
2    this Section and the Adoption Act. The assessment of
3    whether an incarcerated parent maintains a meaningful role
4    in the child's life may include consideration of the
5    following:
6            (A) the child's best interest;
7            (B) the parent's expressions or acts of
8        manifesting concern for the child, such as letters,
9        telephone calls, visits, and other forms of
10        communication with the child and the impact of the
11        communication on the child;
12            (C) the parent's efforts to communicate with and
13        work with the Department for the purpose of complying
14        with the service plan and repairing, maintaining, or
15        building the parent-child relationship; or
16            (D) limitations in the parent's access to family
17        support programs, therapeutic services, visiting
18        opportunities, telephone and mail services, and
19        meaningful participation in court proceedings.
20    (b) For purposes of this subsection, the date of entering
21foster care is defined as the earlier of:
22        (1) The date of a judicial finding at an adjudicatory
23    hearing that the child is an abused, neglected, or
24    dependent minor; or
25        (2) 60 days after the date on which the child is
26    removed from the child's parent, guardian, or legal

 

 

SB3183- 37 -LRB103 37041 RLC 67156 b

1    custodian.
2    (c) (Blank).
3    (d) (Blank).
4    (5) The court shall liberally allow the petitioner to
5amend the petition to set forth a cause of action or to add,
6amend, or supplement factual allegations that form the basis
7for a cause of action up until 14 days before the adjudicatory
8hearing. The petitioner may amend the petition after that date
9and prior to the adjudicatory hearing if the court grants
10leave to amend upon a showing of good cause. The court may
11allow amendment of the petition to conform with the evidence
12at any time prior to ruling. In all cases in which the court
13has granted leave to amend based on new evidence or new
14allegations, the court shall permit the respondent an adequate
15opportunity to prepare a defense to the amended petition.
16    (6) At any time before dismissal of the petition or before
17final closing and discharge under Section 2-31, one or more
18motions in the best interests of the minor may be filed. The
19motion shall specify sufficient facts in support of the relief
20requested.
21(Source: P.A. 103-22, eff. 8-8-23.)
 
22    (705 ILCS 405/2-13.1)
23    Sec. 2-13.1. Early termination of active reasonable
24efforts.
25    (1) (a) In conjunction with, or at any time subsequent to,

 

 

SB3183- 38 -LRB103 37041 RLC 67156 b

1the filing of a petition on behalf of a minor in accordance
2with Section 2-13 of this Act, the State's Attorney, the
3guardian ad litem, or the Department of Children and Family
4Services may file a motion requesting a finding that active
5reasonable efforts to reunify that minor with the minor's
6parent or parents are no longer required and are to cease.
7    (b) The court shall grant this motion with respect to a
8parent of the minor if the court finds after a hearing that the
9parent has:
10        (i) had parental rights to another child of the parent
11    involuntarily terminated; or
12        (ii) been convicted of:
13            (A) first degree or second degree murder of
14        another child of the parent;
15            (B) attempt or conspiracy to commit first degree
16        or second degree murder of another child of the
17        parent;
18            (C) solicitation to commit murder of another child
19        of the parent, solicitation to commit murder for hire
20        of another child of the parent, or solicitation to
21        commit second degree murder of another child of the
22        parent;
23            (D) aggravated battery, aggravated battery of a
24        child, or felony domestic battery, any of which has
25        resulted in serious bodily injury to the minor or
26        another child of the parent; or

 

 

SB3183- 39 -LRB103 37041 RLC 67156 b

1            (E) an offense in any other state the elements of
2        which are similar and bear substantial relationship to
3        any of the foregoing offenses
4unless the court sets forth in writing a compelling reason why
5terminating active reasonable efforts to reunify the minor
6with the parent would not be in the best interests of that
7minor.
8    (c) The court shall also grant this motion with respect to
9a parent of the minor if:
10        (i) after a hearing it determines that further
11    reunification services would no longer be appropriate, and
12        (ii) a dispositional hearing has already taken place.
13    (2) (a) The court shall hold a permanency hearing within
1430 days of granting a motion pursuant to this subsection. If an
15adjudicatory or a dispositional hearing, or both, has not
16taken place when the court grants a motion pursuant to this
17Section, then either or both hearings shall be held as needed
18so that both take place on or before the date a permanency
19hearing is held pursuant to this subsection.
20    (b) Following a permanency hearing held pursuant to
21paragraph (a) of this subsection, the appointed custodian or
22guardian of the minor shall make reasonable efforts to place
23the child in accordance with the permanency plan and goal set
24by the court, and to complete the necessary steps to locate and
25finalize a permanent placement.
26(Source: P.A. 103-22, eff. 8-8-23.)
 

 

 

SB3183- 40 -LRB103 37041 RLC 67156 b

1    (705 ILCS 405/2-21)  (from Ch. 37, par. 802-21)
2    Sec. 2-21. Findings and adjudication.
3    (1) The court shall state for the record the manner in
4which the parties received service of process and shall note
5whether the return or returns of service, postal return
6receipt or receipts for notice by certified mail, or
7certificate or certificates of publication have been filed in
8the court record. The court shall enter any appropriate orders
9of default against any parent who has been properly served in
10any manner and fails to appear.
11    No further service of process as defined in Sections 2-15
12and 2-16 is required in any subsequent proceeding for a parent
13who was properly served in any manner, except as required by
14Supreme Court Rule 11.
15    The caseworker shall testify about the diligent search
16conducted for the parent.
17    After hearing the evidence the court shall determine
18whether or not the minor is abused, neglected, or dependent.
19If it finds that the minor is not such a person, the court
20shall order the petition dismissed and the minor discharged.
21The court's determination of whether the minor is abused,
22neglected, or dependent shall be stated in writing with the
23factual basis supporting that determination.
24    If the court finds that the minor is abused, neglected, or
25dependent, the court shall then determine and put in writing

 

 

SB3183- 41 -LRB103 37041 RLC 67156 b

1the factual basis supporting that determination, and specify,
2to the extent possible, the acts or omissions or both of each
3parent, guardian, or legal custodian that form the basis of
4the court's findings. That finding shall appear in the order
5of the court.
6    If the court finds that the child has been abused,
7neglected or dependent, the court shall admonish the parents
8that they must cooperate with the Department of Children and
9Family Services, comply with the terms of the service plan,
10and correct the conditions that require the child to be in
11care, or risk termination of parental rights.
12    If the court determines that a person has inflicted
13physical or sexual abuse upon a minor, the court shall report
14that determination to the Illinois State Police, which shall
15include that information in its report to the President of the
16school board for a school district that requests a criminal
17history records check of that person, or the regional
18superintendent of schools who requests a check of that person,
19as required under Section 10-21.9 or 34-18.5 of the School
20Code.
21    (2) If, pursuant to subsection (1) of this Section, the
22court determines and puts in writing the factual basis
23supporting the determination that the minor is either abused
24or neglected or dependent, the court shall then set a time not
25later than 30 days after the entry of the finding for a
26dispositional hearing (unless an earlier date is required

 

 

SB3183- 42 -LRB103 37041 RLC 67156 b

1pursuant to Section 2-13.1) to be conducted under Section 2-22
2at which hearing the court shall determine whether it is
3consistent with the health, safety and best interests of the
4minor and the public that he be made a ward of the court. To
5assist the court in making this and other determinations at
6the dispositional hearing, the court may order that an
7investigation be conducted and a dispositional report be
8prepared concerning the minor's physical and mental history
9and condition, family situation and background, economic
10status, education, occupation, history of delinquency or
11criminality, personal habits, and any other information that
12may be helpful to the court. The dispositional hearing may be
13continued once for a period not to exceed 30 days if the court
14finds that such continuance is necessary to complete the
15dispositional report.
16    (3) The time limits of this Section may be waived only by
17consent of all parties and approval by the court, as
18determined to be consistent with the health, safety and best
19interests of the minor.
20    (4) For all cases adjudicated prior to July 1, 1991, for
21which no dispositional hearing has been held prior to that
22date, a dispositional hearing under Section 2-22 shall be held
23within 90 days of July 1, 1991.
24    (5) The court may terminate the parental rights of a
25parent at the initial dispositional hearing if all of the
26following conditions are met:

 

 

SB3183- 43 -LRB103 37041 RLC 67156 b

1        (i) the original or amended petition contains a
2    request for termination of parental rights and appointment
3    of a guardian with power to consent to adoption; and
4        (ii) the court has found by a preponderance of
5    evidence, introduced or stipulated to at an adjudicatory
6    hearing, that the child comes under the jurisdiction of
7    the court as an abused, neglected, or dependent minor
8    under Section 2-18; and
9        (iii) the court finds, on the basis of clear and
10    convincing evidence admitted at the adjudicatory hearing
11    that the parent is an unfit person under subdivision D of
12    Section 1 of the Adoption Act; and
13        (iv) the court determines in accordance with the rules
14    of evidence for dispositional proceedings, that:
15            (A) it is in the best interest of the minor and
16        public that the child be made a ward of the court;
17            (A-5) active reasonable efforts under subsection
18        (l-1) of Section 5 of the Children and Family Services
19        Act are inappropriate or such efforts were made and
20        were unsuccessful; and
21            (B) termination of parental rights and appointment
22        of a guardian with power to consent to adoption is in
23        the best interest of the child pursuant to Section
24        2-29.
25(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

SB3183- 44 -LRB103 37041 RLC 67156 b

1    (705 ILCS 405/2-28)
2    Sec. 2-28. Court review.
3    (1) The court may require any legal custodian or guardian
4of the person appointed under this Act to report periodically
5to the court or may cite the legal custodian or guardian into
6court and require the legal custodian, guardian, or the legal
7custodian's or guardian's agency to make a full and accurate
8report of the doings of the legal custodian, guardian, or
9agency on behalf of the minor. The custodian or guardian,
10within 10 days after such citation, or earlier if the court
11determines it to be necessary to protect the health, safety,
12or welfare of the minor, shall make the report, either in
13writing verified by affidavit or orally under oath in open
14court, or otherwise as the court directs. Upon the hearing of
15the report the court may remove the custodian or guardian and
16appoint another in the custodian's or guardian's stead or
17restore the minor to the custody of the minor's parents or
18former guardian or custodian. However, custody of the minor
19shall not be restored to any parent, guardian, or legal
20custodian in any case in which the minor is found to be
21neglected or abused under Section 2-3 or dependent under
22Section 2-4 of this Act, unless the minor can be cared for at
23home without endangering the minor's health or safety and it
24is in the best interests of the minor, and if such neglect,
25abuse, or dependency is found by the court under paragraph (1)
26of Section 2-21 of this Act to have come about due to the acts

 

 

SB3183- 45 -LRB103 37041 RLC 67156 b

1or omissions or both of such parent, guardian, or legal
2custodian, until such time as an investigation is made as
3provided in paragraph (5) and a hearing is held on the issue of
4the fitness of such parent, guardian, or legal custodian to
5care for the minor and the court enters an order that such
6parent, guardian, or legal custodian is fit to care for the
7minor.
8    (1.5) The public agency that is the custodian or guardian
9of the minor shall file a written report with the court no
10later than 15 days after a minor in the agency's care remains:
11        (1) in a shelter placement beyond 30 days;
12        (2) in a psychiatric hospital past the time when the
13    minor is clinically ready for discharge or beyond medical
14    necessity for the minor's health; or
15        (3) in a detention center or Department of Juvenile
16    Justice facility solely because the public agency cannot
17    find an appropriate placement for the minor.
18    The report shall explain the steps the agency is taking to
19ensure the minor is placed appropriately, how the minor's
20needs are being met in the minor's shelter placement, and if a
21future placement has been identified by the Department, why
22the anticipated placement is appropriate for the needs of the
23minor and the anticipated placement date.
24    (1.6) Within 30 days after placing a child in its care in a
25qualified residential treatment program, as defined by the
26federal Social Security Act, the Department of Children and

 

 

SB3183- 46 -LRB103 37041 RLC 67156 b

1Family Services shall prepare a written report for filing with
2the court and send copies of the report to all parties. Within
320 days of the filing of the report, or as soon thereafter as
4the court's schedule allows but not more than 60 days from the
5date of placement, the court shall hold a hearing to consider
6the Department's report and determine whether placement of the
7child in a qualified residential treatment program provides
8the most effective and appropriate level of care for the child
9in the least restrictive environment and if the placement is
10consistent with the short-term and long-term goals for the
11child, as specified in the permanency plan for the child. The
12court shall approve or disapprove the placement. If
13applicable, the requirements of Sections 2-27.1 and 2-27.2
14must also be met. The Department's written report and the
15court's written determination shall be included in and made
16part of the case plan for the child. If the child remains
17placed in a qualified residential treatment program, the
18Department shall submit evidence at each status and permanency
19hearing:
20        (1) demonstrating that on-going assessment of the
21    strengths and needs of the child continues to support the
22    determination that the child's needs cannot be met through
23    placement in a foster family home, that the placement
24    provides the most effective and appropriate level of care
25    for the child in the least restrictive, appropriate
26    environment, and that the placement is consistent with the

 

 

SB3183- 47 -LRB103 37041 RLC 67156 b

1    short-term and long-term permanency goal for the child, as
2    specified in the permanency plan for the child;
3        (2) documenting the specific treatment or service
4    needs that should be met for the child in the placement and
5    the length of time the child is expected to need the
6    treatment or services; and
7        (3) the efforts made by the agency to prepare the
8    child to return home or to be placed with a fit and willing
9    relative, a legal guardian, or an adoptive parent, or in a
10    foster family home.
11    (2) The first permanency hearing shall be conducted by the
12judge. Subsequent permanency hearings may be heard by a judge
13or by hearing officers appointed or approved by the court in
14the manner set forth in Section 2-28.1 of this Act. The initial
15hearing shall be held (a) within 12 months from the date
16temporary custody was taken, regardless of whether an
17adjudication or dispositional hearing has been completed
18within that time frame, (b) if the parental rights of both
19parents have been terminated in accordance with the procedure
20described in subsection (5) of Section 2-21, within 30 days of
21the order for termination of parental rights and appointment
22of a guardian with power to consent to adoption, or (c) in
23accordance with subsection (2) of Section 2-13.1. Subsequent
24permanency hearings shall be held every 6 months or more
25frequently if necessary in the court's determination following
26the initial permanency hearing, in accordance with the

 

 

SB3183- 48 -LRB103 37041 RLC 67156 b

1standards set forth in this Section, until the court
2determines that the plan and goal have been achieved. Once the
3plan and goal have been achieved, if the minor remains in
4substitute care, the case shall be reviewed at least every 6
5months thereafter, subject to the provisions of this Section,
6unless the minor is placed in the guardianship of a suitable
7relative or other person and the court determines that further
8monitoring by the court does not further the health, safety,
9or best interest of the child and that this is a stable
10permanent placement. The permanency hearings must occur within
11the time frames set forth in this subsection and may not be
12delayed in anticipation of a report from any source or due to
13the agency's failure to timely file its written report (this
14written report means the one required under the next paragraph
15and does not mean the service plan also referred to in that
16paragraph).
17    The public agency that is the custodian or guardian of the
18minor, or another agency responsible for the minor's care,
19shall ensure that all parties to the permanency hearings are
20provided a copy of the most recent service plan prepared
21within the prior 6 months at least 14 days in advance of the
22hearing. If not contained in the agency's service plan, the
23agency shall also include a report setting forth (i) any
24special physical, psychological, educational, medical,
25emotional, or other needs of the minor or the minor's family
26that are relevant to a permanency or placement determination

 

 

SB3183- 49 -LRB103 37041 RLC 67156 b

1and (ii) for any minor age 16 or over, a written description of
2the programs and services that will enable the minor to
3prepare for independent living. If not contained in the
4agency's service plan, the agency's report shall specify if a
5minor is placed in a licensed child care facility under a
6corrective plan by the Department due to concerns impacting
7the minor's safety and well-being. The report shall explain
8the steps the Department is taking to ensure the safety and
9well-being of the minor and that the minor's needs are met in
10the facility. The agency's written report must detail what
11progress or lack of progress the parent has made in correcting
12the conditions requiring the child to be in care; whether the
13child can be returned home without jeopardizing the child's
14health, safety, and welfare, and, if not, what permanency goal
15is recommended to be in the best interests of the child, and
16why the other permanency goals are not appropriate. The
17caseworker must appear and testify at the permanency hearing.
18If a permanency hearing has not previously been scheduled by
19the court, the moving party shall move for the setting of a
20permanency hearing and the entry of an order within the time
21frames set forth in this subsection.
22    At the permanency hearing, the court shall determine the
23future status of the child. The court shall set one of the
24following permanency goals:
25        (A) The minor will be returned home by a specific date
26    within 5 months.

 

 

SB3183- 50 -LRB103 37041 RLC 67156 b

1        (B) The minor will be in short-term care with a
2    continued goal to return home within a period not to
3    exceed one year, where the progress of the parent or
4    parents is substantial giving particular consideration to
5    the age and individual needs of the minor.
6        (B-1) The minor will be in short-term care with a
7    continued goal to return home pending a status hearing.
8    When the court finds that a parent has not made reasonable
9    efforts or reasonable progress to date, the court shall
10    identify what actions the parent and the Department must
11    take in order to justify a finding of reasonable efforts
12    or reasonable progress and shall set a status hearing to
13    be held not earlier than 9 months from the date of
14    adjudication nor later than 11 months from the date of
15    adjudication during which the parent's progress will again
16    be reviewed.
17        (C) The minor will be in substitute care pending court
18    determination on termination of parental rights.
19        (D) Adoption, provided that parental rights have been
20    terminated or relinquished.
21        (E) The guardianship of the minor will be transferred
22    to an individual or couple on a permanent basis provided
23    that goals (A) through (D) have been deemed inappropriate
24    and not in the child's best interests. The court shall
25    confirm that the Department has discussed adoption, if
26    appropriate, and guardianship with the caregiver prior to

 

 

SB3183- 51 -LRB103 37041 RLC 67156 b

1    changing a goal to guardianship.
2        (F) The minor over age 15 will be in substitute care
3    pending independence. In selecting this permanency goal,
4    the Department of Children and Family Services may provide
5    services to enable reunification and to strengthen the
6    minor's connections with family, fictive kin, and other
7    responsible adults, provided the services are in the
8    minor's best interest. The services shall be documented in
9    the service plan.
10        (G) The minor will be in substitute care because the
11    minor cannot be provided for in a home environment due to
12    developmental disabilities or mental illness or because
13    the minor is a danger to self or others, provided that
14    goals (A) through (D) have been deemed inappropriate and
15    not in the child's best interests.
16    In selecting any permanency goal, the court shall indicate
17in writing the reasons the goal was selected and why the
18preceding goals were deemed inappropriate and not in the
19child's best interest. Where the court has selected a
20permanency goal other than (A), (B), or (B-1), the Department
21of Children and Family Services shall not provide further
22reunification services, except as provided in paragraph (F) of
23this subsection (2), but shall provide services consistent
24with the goal selected.
25        (H) Notwithstanding any other provision in this
26    Section, the court may select the goal of continuing

 

 

SB3183- 52 -LRB103 37041 RLC 67156 b

1    foster care as a permanency goal if:
2            (1) The Department of Children and Family Services
3        has custody and guardianship of the minor;
4            (2) The court has deemed all other permanency
5        goals inappropriate based on the child's best
6        interest;
7            (3) The court has found compelling reasons, based
8        on written documentation reviewed by the court, to
9        place the minor in continuing foster care. Compelling
10        reasons include:
11                (a) the child does not wish to be adopted or to
12            be placed in the guardianship of the minor's
13            relative or foster care placement;
14                (b) the child exhibits an extreme level of
15            need such that the removal of the child from the
16            minor's placement would be detrimental to the
17            child; or
18                (c) the child who is the subject of the
19            permanency hearing has existing close and strong
20            bonds with a sibling, and achievement of another
21            permanency goal would substantially interfere with
22            the subject child's sibling relationship, taking
23            into consideration the nature and extent of the
24            relationship, and whether ongoing contact is in
25            the subject child's best interest, including
26            long-term emotional interest, as compared with the

 

 

SB3183- 53 -LRB103 37041 RLC 67156 b

1            legal and emotional benefit of permanence;
2            (4) The child has lived with the relative or
3        foster parent for at least one year; and
4            (5) The relative or foster parent currently caring
5        for the child is willing and capable of providing the
6        child with a stable and permanent environment.
7    The court shall set a permanency goal that is in the best
8interest of the child. In determining that goal, the court
9shall consult with the minor in an age-appropriate manner
10regarding the proposed permanency or transition plan for the
11minor. The court's determination shall include the following
12factors:
13        (1) Age of the child.
14        (2) Options available for permanence, including both
15    out-of-state and in-state placement options.
16        (3) Current placement of the child and the intent of
17    the family regarding adoption.
18        (4) Emotional, physical, and mental status or
19    condition of the child.
20        (5) Types of services previously offered and whether
21    or not the services were successful and, if not
22    successful, the reasons the services failed.
23        (6) Availability of services currently needed and
24    whether the services exist.
25        (7) Status of siblings of the minor.
26    The court shall consider (i) the permanency goal contained

 

 

SB3183- 54 -LRB103 37041 RLC 67156 b

1in the service plan, (ii) the appropriateness of the services
2contained in the plan and whether those services have been
3provided, (iii) whether reasonable efforts have been made by
4all the parties to the service plan to achieve the goal, and
5(iv) whether the plan and goal have been achieved. All
6evidence relevant to determining these questions, including
7oral and written reports, may be admitted and may be relied on
8to the extent of their probative value. If the court makes
9findings that the Department has failed to make active efforts
10to provide services as provided in the service plan, the
11court's order shall specify each party that failure applies to
12and the applicable time period.
13    The court shall make findings as to whether, in violation
14of Section 8.2 of the Abused and Neglected Child Reporting
15Act, any portion of the service plan compels a child or parent
16to engage in any activity or refrain from any activity that is
17not reasonably related to remedying a condition or conditions
18that gave rise or which could give rise to any finding of child
19abuse or neglect. The services contained in the service plan
20shall include services reasonably related to remedy the
21conditions that gave rise to removal of the child from the home
22of the child's parents, guardian, or legal custodian or that
23the court has found must be remedied prior to returning the
24child home. Any tasks the court requires of the parents,
25guardian, or legal custodian or child prior to returning the
26child home must be reasonably related to remedying a condition

 

 

SB3183- 55 -LRB103 37041 RLC 67156 b

1or conditions that gave rise to or which could give rise to any
2finding of child abuse or neglect.
3    If the permanency goal is to return home, the court shall
4make findings that identify any problems that are causing
5continued placement of the children away from the home and
6identify what outcomes would be considered a resolution to
7these problems. The court shall explain to the parents that
8these findings are based on the information that the court has
9at that time and may be revised, should additional evidence be
10presented to the court.
11    The court shall review the Sibling Contact Support Plan
12developed or modified under subsection (f) of Section 7.4 of
13the Children and Family Services Act, if applicable. If the
14Department has not convened a meeting to develop or modify a
15Sibling Contact Support Plan, or if the court finds that the
16existing Plan is not in the child's best interest, the court
17may enter an order requiring the Department to develop,
18modify, or implement a Sibling Contact Support Plan, or order
19mediation.
20    If the goal has been achieved, the court shall enter
21orders that are necessary to conform the minor's legal custody
22and status to those findings.
23    If, after receiving evidence, the court determines that
24the services contained in the plan are not reasonably
25calculated to facilitate achievement of the permanency goal,
26the court shall put in writing the factual basis supporting

 

 

SB3183- 56 -LRB103 37041 RLC 67156 b

1the determination and enter specific findings based on the
2evidence. The court also shall enter an order for the
3Department to develop and implement a new service plan or to
4implement changes to the current service plan consistent with
5the court's findings. The new service plan shall be filed with
6the court and served on all parties within 45 days of the date
7of the order. The court shall continue the matter until the new
8service plan is filed. Except as authorized by subsection
9(2.5) of this Section and as otherwise specifically authorized
10by law, the court is not empowered under this Section to order
11specific placements, specific services, or specific service
12providers to be included in the service plan.
13    A guardian or custodian appointed by the court pursuant to
14this Act shall file updated case plans with the court every 6
15months.
16    Rights of wards of the court under this Act are
17enforceable against any public agency by complaints for relief
18by mandamus filed in any proceedings brought under this Act.
19    (2.5) If, after reviewing the evidence, including evidence
20from the Department, the court determines that the minor's
21current or planned placement is not necessary or appropriate
22to facilitate achievement of the permanency goal, the court
23shall put in writing the factual basis supporting its
24determination and enter specific findings based on the
25evidence. If the court finds that the minor's current or
26planned placement is not necessary or appropriate, the court

 

 

SB3183- 57 -LRB103 37041 RLC 67156 b

1may enter an order directing the Department to implement a
2recommendation by the minor's treating clinician or a
3clinician contracted by the Department to evaluate the minor
4or a recommendation made by the Department. If the Department
5places a minor in a placement under an order entered under this
6subsection (2.5), the Department has the authority to remove
7the minor from that placement when a change in circumstances
8necessitates the removal to protect the minor's health,
9safety, and best interest. If the Department determines
10removal is necessary, the Department shall notify the parties
11of the planned placement change in writing no later than 10
12days prior to the implementation of its determination unless
13remaining in the placement poses an imminent risk of harm to
14the minor, in which case the Department shall notify the
15parties of the placement change in writing immediately
16following the implementation of its decision. The Department
17shall notify others of the decision to change the minor's
18placement as required by Department rule.
19    (3) Following the permanency hearing, the court shall
20enter a written order that includes the determinations
21required under subsection (2) of this Section and sets forth
22the following:
23        (a) The future status of the minor, including the
24    permanency goal, and any order necessary to conform the
25    minor's legal custody and status to such determination; or
26        (b) If the permanency goal of the minor cannot be

 

 

SB3183- 58 -LRB103 37041 RLC 67156 b

1    achieved immediately, the specific reasons for continuing
2    the minor in the care of the Department of Children and
3    Family Services or other agency for short-term placement,
4    and the following determinations:
5            (i) (Blank).
6            (ii) Whether the services required by the court
7        and by any service plan prepared within the prior 6
8        months have been provided and (A) if so, whether the
9        services were reasonably calculated to facilitate the
10        achievement of the permanency goal or (B) if not
11        provided, why the services were not provided.
12            (iii) Whether the minor's current or planned
13        placement is necessary, and appropriate to the plan
14        and goal, recognizing the right of minors to the least
15        restrictive (most family-like) setting available and
16        in close proximity to the parents' home consistent
17        with the health, safety, best interest, and special
18        needs of the minor and, if the minor is placed
19        out-of-state, whether the out-of-state placement
20        continues to be appropriate and consistent with the
21        health, safety, and best interest of the minor.
22            (iv) (Blank).
23            (v) (Blank).
24    (4) The minor or any person interested in the minor may
25apply to the court for a change in custody of the minor and the
26appointment of a new custodian or guardian of the person or for

 

 

SB3183- 59 -LRB103 37041 RLC 67156 b

1the restoration of the minor to the custody of the minor's
2parents or former guardian or custodian.
3    When return home is not selected as the permanency goal:
4        (a) The Department, the minor, or the current foster
5    parent or relative caregiver seeking private guardianship
6    may file a motion for private guardianship of the minor.
7    Appointment of a guardian under this Section requires
8    approval of the court.
9        (b) The State's Attorney may file a motion to
10    terminate parental rights of any parent who has failed to
11    make reasonable efforts to correct the conditions which
12    led to the removal of the child or reasonable progress
13    toward the return of the child, as defined in subdivision
14    (D)(m) of Section 1 of the Adoption Act or for whom any
15    other unfitness ground for terminating parental rights as
16    defined in subdivision (D) of Section 1 of the Adoption
17    Act exists.
18        When parental rights have been terminated for a
19    minimum of 3 years and the child who is the subject of the
20    permanency hearing is 13 years old or older and is not
21    currently placed in a placement likely to achieve
22    permanency, the Department of Children and Family Services
23    shall make active reasonable efforts to locate parents
24    whose rights have been terminated, except when the Court
25    determines that those efforts would be futile or
26    inconsistent with the subject child's best interests. The

 

 

SB3183- 60 -LRB103 37041 RLC 67156 b

1    Department of Children and Family Services shall assess
2    the appropriateness of the parent whose rights have been
3    terminated, and shall, as appropriate, foster and support
4    connections between the parent whose rights have been
5    terminated and the youth. The Department of Children and
6    Family Services shall document its determinations and
7    efforts to foster connections in the child's case plan.
8    Custody of the minor shall not be restored to any parent,
9guardian, or legal custodian in any case in which the minor is
10found to be neglected or abused under Section 2-3 or dependent
11under Section 2-4 of this Act, unless the minor can be cared
12for at home without endangering the minor's health or safety
13and it is in the best interest of the minor, and if such
14neglect, abuse, or dependency is found by the court under
15paragraph (1) of Section 2-21 of this Act to have come about
16due to the acts or omissions or both of such parent, guardian,
17or legal custodian, until such time as an investigation is
18made as provided in paragraph (5) and a hearing is held on the
19issue of the health, safety, and best interest of the minor and
20the fitness of such parent, guardian, or legal custodian to
21care for the minor and the court enters an order that such
22parent, guardian, or legal custodian is fit to care for the
23minor. If a motion is filed to modify or vacate a private
24guardianship order and return the child to a parent, guardian,
25or legal custodian, the court may order the Department of
26Children and Family Services to assess the minor's current and

 

 

SB3183- 61 -LRB103 37041 RLC 67156 b

1proposed living arrangements and to provide ongoing monitoring
2of the health, safety, and best interest of the minor during
3the pendency of the motion to assist the court in making that
4determination. In the event that the minor has attained 18
5years of age and the guardian or custodian petitions the court
6for an order terminating the minor's guardianship or custody,
7guardianship or custody shall terminate automatically 30 days
8after the receipt of the petition unless the court orders
9otherwise. No legal custodian or guardian of the person may be
10removed without the legal custodian's or guardian's consent
11until given notice and an opportunity to be heard by the court.
12    When the court orders a child restored to the custody of
13the parent or parents, the court shall order the parent or
14parents to cooperate with the Department of Children and
15Family Services and comply with the terms of an after-care
16plan, or risk the loss of custody of the child and possible
17termination of their parental rights. The court may also enter
18an order of protective supervision in accordance with Section
192-24.
20    If the minor is being restored to the custody of a parent,
21legal custodian, or guardian who lives outside of Illinois,
22and an Interstate Compact has been requested and refused, the
23court may order the Department of Children and Family Services
24to arrange for an assessment of the minor's proposed living
25arrangement and for ongoing monitoring of the health, safety,
26and best interest of the minor and compliance with any order of

 

 

SB3183- 62 -LRB103 37041 RLC 67156 b

1protective supervision entered in accordance with Section
22-24.
3    (5) Whenever a parent, guardian, or legal custodian files
4a motion for restoration of custody of the minor, and the minor
5was adjudicated neglected, abused, or dependent as a result of
6physical abuse, the court shall cause to be made an
7investigation as to whether the movant has ever been charged
8with or convicted of any criminal offense which would indicate
9the likelihood of any further physical abuse to the minor.
10Evidence of such criminal convictions shall be taken into
11account in determining whether the minor can be cared for at
12home without endangering the minor's health or safety and
13fitness of the parent, guardian, or legal custodian.
14        (a) Any agency of this State or any subdivision
15    thereof shall cooperate with the agent of the court in
16    providing any information sought in the investigation.
17        (b) The information derived from the investigation and
18    any conclusions or recommendations derived from the
19    information shall be provided to the parent, guardian, or
20    legal custodian seeking restoration of custody prior to
21    the hearing on fitness and the movant shall have an
22    opportunity at the hearing to refute the information or
23    contest its significance.
24        (c) All information obtained from any investigation
25    shall be confidential as provided in Section 5-150 of this
26    Act.

 

 

SB3183- 63 -LRB103 37041 RLC 67156 b

1(Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21;
2102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-154, eff.
36-30-23; 103-171, eff. 1-1-24; revised 12-15-23.)
 
4    Section 10. The Adoption Act is amended by changing
5Section 1 as follows:
 
6    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
7    Sec. 1. Definitions. When used in this Act, unless the
8context otherwise requires:
9    A. "Child" means a person under legal age subject to
10adoption under this Act.
11    B. "Related child" means a child subject to adoption where
12either or both of the adopting parents stands in any of the
13following relationships to the child by blood, marriage,
14adoption, or civil union: parent, grand-parent,
15great-grandparent, brother, sister, step-parent,
16step-grandparent, step-brother, step-sister, uncle, aunt,
17great-uncle, great-aunt, first cousin, or second cousin. A
18person is related to the child as a first cousin or second
19cousin if they are both related to the same ancestor as either
20grandchild or great-grandchild. A child whose parent has
21executed a consent to adoption, a surrender, or a waiver
22pursuant to Section 10 of this Act or whose parent has signed a
23denial of paternity pursuant to Section 12 of the Vital
24Records Act or Section 12a of this Act, or whose parent has had

 

 

SB3183- 64 -LRB103 37041 RLC 67156 b

1his or her parental rights terminated, is not a related child
2to that person, unless (1) the consent is determined to be void
3or is void pursuant to subsection O of Section 10 of this Act;
4or (2) the parent of the child executed a consent to adoption
5by a specified person or persons pursuant to subsection A-1 of
6Section 10 of this Act and a court of competent jurisdiction
7finds that such consent is void; or (3) the order terminating
8the parental rights of the parent is vacated by a court of
9competent jurisdiction.
10    C. "Agency" for the purpose of this Act means a public
11child welfare agency or a licensed child welfare agency.
12    D. "Unfit person" means any person whom the court shall
13find to be unfit to have a child, without regard to the
14likelihood that the child will be placed for adoption. The
15grounds of unfitness are any one or more of the following,
16except that a person shall not be considered an unfit person
17for the sole reason that the person has relinquished a child in
18accordance with the Abandoned Newborn Infant Protection Act:
19        (a) Abandonment of the child.
20        (a-1) Abandonment of a newborn infant in a hospital.
21        (a-2) Abandonment of a newborn infant in any setting
22    where the evidence suggests that the parent intended to
23    relinquish his or her parental rights.
24        (b) Failure to maintain a reasonable degree of
25    interest, concern or responsibility as to the child's
26    welfare.

 

 

SB3183- 65 -LRB103 37041 RLC 67156 b

1        (c) Desertion of the child for more than 3 months next
2    preceding the commencement of the Adoption proceeding.
3        (d) Substantial neglect of the child if continuous or
4    repeated.
5        (d-1) Substantial neglect, if continuous or repeated,
6    of any child residing in the household which resulted in
7    the death of that child.
8        (e) Extreme or repeated cruelty to the child.
9        (f) There is a rebuttable presumption, which can be
10    overcome only by clear and convincing evidence, that a
11    parent is unfit if:
12            (1) Two or more findings of physical abuse have
13        been entered regarding any children under Section 2-21
14        of the Juvenile Court Act of 1987, the most recent of
15        which was determined by the juvenile court hearing the
16        matter to be supported by clear and convincing
17        evidence; or
18            (2) The parent has been convicted or found not
19        guilty by reason of insanity and the conviction or
20        finding resulted from the death of any child by
21        physical abuse; or
22            (3) There is a finding of physical child abuse
23        resulting from the death of any child under Section
24        2-21 of the Juvenile Court Act of 1987.
25        No conviction or finding of delinquency pursuant to
26    Article V of the Juvenile Court Act of 1987 shall be

 

 

SB3183- 66 -LRB103 37041 RLC 67156 b

1    considered a criminal conviction for the purpose of
2    applying any presumption under this item (f).
3        (g) Failure to protect the child from conditions
4    within his environment injurious to the child's welfare.
5        (h) Other neglect of, or misconduct toward the child;
6    provided that in making a finding of unfitness the court
7    hearing the adoption proceeding shall not be bound by any
8    previous finding, order or judgment affecting or
9    determining the rights of the parents toward the child
10    sought to be adopted in any other proceeding except such
11    proceedings terminating parental rights as shall be had
12    under either this Act, the Juvenile Court Act or the
13    Juvenile Court Act of 1987.
14        (i) Depravity. Conviction of any one of the following
15    crimes shall create a presumption that a parent is
16    depraved which can be overcome only by clear and
17    convincing evidence: (1) first degree murder in violation
18    of paragraph (1) or (2) of subsection (a) of Section 9-1 of
19    the Criminal Code of 1961 or the Criminal Code of 2012 or
20    conviction of second degree murder in violation of
21    subsection (a) of Section 9-2 of the Criminal Code of 1961
22    or the Criminal Code of 2012 of a parent of the child to be
23    adopted; (2) first degree murder or second degree murder
24    of any child in violation of the Criminal Code of 1961 or
25    the Criminal Code of 2012; (3) attempt or conspiracy to
26    commit first degree murder or second degree murder of any

 

 

SB3183- 67 -LRB103 37041 RLC 67156 b

1    child in violation of the Criminal Code of 1961 or the
2    Criminal Code of 2012; (4) solicitation to commit murder
3    of any child, solicitation to commit murder of any child
4    for hire, or solicitation to commit second degree murder
5    of any child in violation of the Criminal Code of 1961 or
6    the Criminal Code of 2012; (5) predatory criminal sexual
7    assault of a child in violation of Section 11-1.40 or
8    12-14.1 of the Criminal Code of 1961 or the Criminal Code
9    of 2012; (6) heinous battery of any child in violation of
10    the Criminal Code of 1961; (7) aggravated battery of any
11    child in violation of the Criminal Code of 1961 or the
12    Criminal Code of 2012; (8) any violation of Section
13    11-1.20 or Section 12-13 of the Criminal Code of 1961 or
14    the Criminal Code of 2012; (9) any violation of subsection
15    (a) of Section 11-1.50 or Section 12-16 of the Criminal
16    Code of 1961 or the Criminal Code of 2012; (10) any
17    violation of Section 11-9.1 of the Criminal Code of 1961
18    or the Criminal Code of 2012; (11) any violation of
19    Section 11-9.1A of the Criminal Code of 1961 or the
20    Criminal Code of 2012; or (12) an offense in any other
21    state the elements of which are similar and bear a
22    substantial relationship to any of the enumerated offenses
23    in this subsection (i).
24        There is a rebuttable presumption that a parent is
25    depraved if the parent has been criminally convicted of at
26    least 3 felonies under the laws of this State or any other

 

 

SB3183- 68 -LRB103 37041 RLC 67156 b

1    state, or under federal law, or the criminal laws of any
2    United States territory; and at least one of these
3    convictions took place within 5 years of the filing of the
4    petition or motion seeking termination of parental rights.
5        There is a rebuttable presumption that a parent is
6    depraved if that parent has been criminally convicted of
7    either first or second degree murder of any person as
8    defined in the Criminal Code of 1961 or the Criminal Code
9    of 2012 within 10 years of the filing date of the petition
10    or motion to terminate parental rights.
11        No conviction or finding of delinquency pursuant to
12    Article 5 of the Juvenile Court Act of 1987 shall be
13    considered a criminal conviction for the purpose of
14    applying any presumption under this item (i).
15        (j) Open and notorious adultery or fornication.
16        (j-1) (Blank).
17        (k) Habitual drunkenness or addiction to drugs, other
18    than those prescribed by a physician, for at least one
19    year immediately prior to the commencement of the
20    unfitness proceeding.
21        There is a rebuttable presumption that a parent is
22    unfit under this subsection with respect to any child to
23    which that parent gives birth where there is a confirmed
24    test result that at birth the child's blood, urine, or
25    meconium contained any amount of a controlled substance as
26    defined in subsection (f) of Section 102 of the Illinois

 

 

SB3183- 69 -LRB103 37041 RLC 67156 b

1    Controlled Substances Act or metabolites of such
2    substances, the presence of which in the newborn infant
3    was not the result of medical treatment administered to
4    the mother or the newborn infant; and the biological
5    mother of this child is the biological mother of at least
6    one other child who was adjudicated a neglected minor
7    under subsection (c) of Section 2-3 of the Juvenile Court
8    Act of 1987.
9        (l) Failure to demonstrate a reasonable degree of
10    interest, concern or responsibility as to the welfare of a
11    new born child during the first 30 days after its birth.
12        (m) Failure by a parent (i) to make reasonable efforts
13    to correct the conditions that were the basis for the
14    removal of the child from the parent during any 9-month
15    period following the adjudication of neglected or abused
16    minor under Section 2-3 of the Juvenile Court Act of 1987
17    or dependent minor under Section 2-4 of that Act, or (ii)
18    to make reasonable progress toward the return of the child
19    to the parent during any 9-month period following the
20    adjudication of neglected or abused minor under Section
21    2-3 of the Juvenile Court Act of 1987 or dependent minor
22    under Section 2-4 of that Act. If a service plan has been
23    established as required under Section 8.2 of the Abused
24    and Neglected Child Reporting Act to correct the
25    conditions that were the basis for the removal of the
26    child from the parent and if those services were

 

 

SB3183- 70 -LRB103 37041 RLC 67156 b

1    available, then, for purposes of this Act, "failure to
2    make reasonable progress toward the return of the child to
3    the parent" includes the parent's failure to substantially
4    fulfill his or her obligations under the service plan and
5    correct the conditions that brought the child into care
6    during any 9-month period following the adjudication under
7    Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
8    Notwithstanding any other provision, when a petition or
9    motion seeks to terminate parental rights on the basis of
10    item (ii) of this subsection (m), the petitioner shall
11    file with the court and serve on the parties a pleading
12    that specifies the 9-month period or periods relied on.
13    The pleading shall be filed and served on the parties no
14    later than 3 weeks before the date set by the court for
15    closure of discovery, and the allegations in the pleading
16    shall be treated as incorporated into the petition or
17    motion. Failure of a respondent to file a written denial
18    of the allegations in the pleading shall not be treated as
19    an admission that the allegations are true. A parent shall
20    not be found unfit under this subsection (m) for failure
21    to make reasonable efforts or reasonable progress for any
22    9-month period during which a court, hearing a case under
23    Article II of the Juvenile Court Act of 1987, found that
24    the Department failed to make active efforts, as defined
25    in Section 1-3 of the Juvenile Court Act of 1987 with
26    respect to that parent. This provision applies to findings

 

 

SB3183- 71 -LRB103 37041 RLC 67156 b

1    of failure to make active efforts made on or after the
2    effective date of this amendatory Act of the 103rd General
3    Assembly.
4        (m-1) (Blank).
5        (n) Evidence of intent to forgo his or her parental
6    rights, whether or not the child is a ward of the court,
7    (1) as manifested by his or her failure for a period of 12
8    months: (i) to visit the child, (ii) to communicate with
9    the child or agency, although able to do so and not
10    prevented from doing so by an agency or by court order, or
11    (iii) to maintain contact with or plan for the future of
12    the child, although physically able to do so, or (2) as
13    manifested by the father's failure, where he and the
14    mother of the child were unmarried to each other at the
15    time of the child's birth, (i) to commence legal
16    proceedings to establish his paternity under the Illinois
17    Parentage Act of 1984, the Illinois Parentage Act of 2015,
18    or the law of the jurisdiction of the child's birth within
19    30 days of being informed, pursuant to Section 12a of this
20    Act, that he is the father or the likely father of the
21    child or, after being so informed where the child is not
22    yet born, within 30 days of the child's birth, or (ii) to
23    make a good faith effort to pay a reasonable amount of the
24    expenses related to the birth of the child and to provide a
25    reasonable amount for the financial support of the child,
26    the court to consider in its determination all relevant

 

 

SB3183- 72 -LRB103 37041 RLC 67156 b

1    circumstances, including the financial condition of both
2    parents; provided that the ground for termination provided
3    in this subparagraph (n)(2)(ii) shall only be available
4    where the petition is brought by the mother or the husband
5    of the mother.
6        Contact or communication by a parent with his or her
7    child that does not demonstrate affection and concern does
8    not constitute reasonable contact and planning under
9    subdivision (n). In the absence of evidence to the
10    contrary, the ability to visit, communicate, maintain
11    contact, pay expenses and plan for the future shall be
12    presumed. The subjective intent of the parent, whether
13    expressed or otherwise, unsupported by evidence of the
14    foregoing parental acts manifesting that intent, shall not
15    preclude a determination that the parent has intended to
16    forgo his or her parental rights. In making this
17    determination, the court may consider but shall not
18    require a showing of diligent efforts by an authorized
19    agency to encourage the parent to perform the acts
20    specified in subdivision (n).
21        It shall be an affirmative defense to any allegation
22    under paragraph (2) of this subsection that the father's
23    failure was due to circumstances beyond his control or to
24    impediments created by the mother or any other person
25    having legal custody. Proof of that fact need only be by a
26    preponderance of the evidence.

 

 

SB3183- 73 -LRB103 37041 RLC 67156 b

1        (o) Repeated or continuous failure by the parents,
2    although physically and financially able, to provide the
3    child with adequate food, clothing, or shelter.
4        (p) Inability to discharge parental responsibilities
5    supported by competent evidence from a psychiatrist,
6    licensed clinical social worker, or clinical psychologist
7    of mental impairment, mental illness or an intellectual
8    disability as defined in Section 1-116 of the Mental
9    Health and Developmental Disabilities Code, or
10    developmental disability as defined in Section 1-106 of
11    that Code, and there is sufficient justification to
12    believe that the inability to discharge parental
13    responsibilities shall extend beyond a reasonable time
14    period. However, this subdivision (p) shall not be
15    construed so as to permit a licensed clinical social
16    worker to conduct any medical diagnosis to determine
17    mental illness or mental impairment.
18        (q) (Blank).
19        (r) The child is in the temporary custody or
20    guardianship of the Department of Children and Family
21    Services, the parent is incarcerated as a result of
22    criminal conviction at the time the petition or motion for
23    termination of parental rights is filed, prior to
24    incarceration the parent had little or no contact with the
25    child or provided little or no support for the child, and
26    the parent's incarceration will prevent the parent from

 

 

SB3183- 74 -LRB103 37041 RLC 67156 b

1    discharging his or her parental responsibilities for the
2    child for a period in excess of 2 years after the filing of
3    the petition or motion for termination of parental rights.
4        (s) The child is in the temporary custody or
5    guardianship of the Department of Children and Family
6    Services, the parent is incarcerated at the time the
7    petition or motion for termination of parental rights is
8    filed, the parent has been repeatedly incarcerated as a
9    result of criminal convictions, and the parent's repeated
10    incarceration has prevented the parent from discharging
11    his or her parental responsibilities for the child.
12        (t) A finding that at birth the child's blood, urine,
13    or meconium contained any amount of a controlled substance
14    as defined in subsection (f) of Section 102 of the
15    Illinois Controlled Substances Act, or a metabolite of a
16    controlled substance, with the exception of controlled
17    substances or metabolites of such substances, the presence
18    of which in the newborn infant was the result of medical
19    treatment administered to the mother or the newborn
20    infant, and that the biological mother of this child is
21    the biological mother of at least one other child who was
22    adjudicated a neglected minor under subsection (c) of
23    Section 2-3 of the Juvenile Court Act of 1987, after which
24    the biological mother had the opportunity to enroll in and
25    participate in a clinically appropriate substance abuse
26    counseling, treatment, and rehabilitation program.

 

 

SB3183- 75 -LRB103 37041 RLC 67156 b

1    E. "Parent" means a person who is the legal mother or legal
2father of the child as defined in subsection X or Y of this
3Section. For the purpose of this Act, a parent who has executed
4a consent to adoption, a surrender, or a waiver pursuant to
5Section 10 of this Act, who has signed a Denial of Paternity
6pursuant to Section 12 of the Vital Records Act or Section 12a
7of this Act, or whose parental rights have been terminated by a
8court, is not a parent of the child who was the subject of the
9consent, surrender, waiver, or denial unless (1) the consent
10is void pursuant to subsection O of Section 10 of this Act; or
11(2) the person executed a consent to adoption by a specified
12person or persons pursuant to subsection A-1 of Section 10 of
13this Act and a court of competent jurisdiction finds that the
14consent is void; or (3) the order terminating the parental
15rights of the person is vacated by a court of competent
16jurisdiction.
17    F. A person is available for adoption when the person is:
18        (a) a child who has been surrendered for adoption to
19    an agency and to whose adoption the agency has thereafter
20    consented;
21        (b) a child to whose adoption a person authorized by
22    law, other than his parents, has consented, or to whose
23    adoption no consent is required pursuant to Section 8 of
24    this Act;
25        (c) a child who is in the custody of persons who intend
26    to adopt him through placement made by his parents;

 

 

SB3183- 76 -LRB103 37041 RLC 67156 b

1        (c-1) a child for whom a parent has signed a specific
2    consent pursuant to subsection O of Section 10;
3        (d) an adult who meets the conditions set forth in
4    Section 3 of this Act; or
5        (e) a child who has been relinquished as defined in
6    Section 10 of the Abandoned Newborn Infant Protection Act.
7    A person who would otherwise be available for adoption
8shall not be deemed unavailable for adoption solely by reason
9of his or her death.
10    G. The singular includes the plural and the plural
11includes the singular and the "male" includes the "female", as
12the context of this Act may require.
13    H. (Blank).
14    I. "Habitual residence" has the meaning ascribed to it in
15the federal Intercountry Adoption Act of 2000 and regulations
16promulgated thereunder.
17    J. "Immediate relatives" means the biological parents, the
18parents of the biological parents and siblings of the
19biological parents.
20    K. "Intercountry adoption" is a process by which a child
21from a country other than the United States is adopted by
22persons who are habitual residents of the United States, or
23the child is a habitual resident of the United States who is
24adopted by persons who are habitual residents of a country
25other than the United States.
26    L. (Blank).

 

 

SB3183- 77 -LRB103 37041 RLC 67156 b

1    M. "Interstate Compact on the Placement of Children" is a
2law enacted by all states and certain territories for the
3purpose of establishing uniform procedures for handling the
4interstate placement of children in foster homes, adoptive
5homes, or other child care facilities.
6    N. (Blank).
7    O. "Preadoption requirements" means any conditions or
8standards established by the laws or administrative rules of
9this State that must be met by a prospective adoptive parent
10prior to the placement of a child in an adoptive home.
11    P. "Abused child" means a child whose parent or immediate
12family member, or any person responsible for the child's
13welfare, or any individual residing in the same home as the
14child, or a paramour of the child's parent:
15        (a) inflicts, causes to be inflicted, or allows to be
16    inflicted upon the child physical injury, by other than
17    accidental means, that causes death, disfigurement,
18    impairment of physical or emotional health, or loss or
19    impairment of any bodily function;
20        (b) creates a substantial risk of physical injury to
21    the child by other than accidental means which would be
22    likely to cause death, disfigurement, impairment of
23    physical or emotional health, or loss or impairment of any
24    bodily function;
25        (c) commits or allows to be committed any sex offense
26    against the child, as sex offenses are defined in the

 

 

SB3183- 78 -LRB103 37041 RLC 67156 b

1    Criminal Code of 2012 and extending those definitions of
2    sex offenses to include children under 18 years of age;
3        (d) commits or allows to be committed an act or acts of
4    torture upon the child; or
5        (e) inflicts excessive corporal punishment.
6    Q. "Neglected child" means any child whose parent or other
7person responsible for the child's welfare withholds or denies
8nourishment or medically indicated treatment including food or
9care denied solely on the basis of the present or anticipated
10mental or physical impairment as determined by a physician
11acting alone or in consultation with other physicians or
12otherwise does not provide the proper or necessary support,
13education as required by law, or medical or other remedial
14care recognized under State law as necessary for a child's
15well-being, or other care necessary for his or her well-being,
16including adequate food, clothing and shelter; or who is
17abandoned by his or her parents or other person responsible
18for the child's welfare.
19    A child shall not be considered neglected or abused for
20the sole reason that the child's parent or other person
21responsible for his or her welfare depends upon spiritual
22means through prayer alone for the treatment or cure of
23disease or remedial care as provided under Section 4 of the
24Abused and Neglected Child Reporting Act. A child shall not be
25considered neglected or abused for the sole reason that the
26child's parent or other person responsible for the child's

 

 

SB3183- 79 -LRB103 37041 RLC 67156 b

1welfare failed to vaccinate, delayed vaccination, or refused
2vaccination for the child due to a waiver on religious or
3medical grounds as permitted by law.
4    R. "Putative father" means a man who may be a child's
5father, but who (1) is not married to the child's mother on or
6before the date that the child was or is to be born and (2) has
7not established paternity of the child in a court proceeding
8before the filing of a petition for the adoption of the child.
9The term includes a male who is less than 18 years of age.
10"Putative father" does not mean a man who is the child's father
11as a result of criminal sexual abuse or assault as defined
12under Article 11 of the Criminal Code of 2012.
13    S. "Standby adoption" means an adoption in which a parent
14consents to custody and termination of parental rights to
15become effective upon the occurrence of a future event, which
16is either the death of the parent or the request of the parent
17for the entry of a final judgment of adoption.
18    T. (Blank).
19    T-5. "Biological parent", "birth parent", or "natural
20parent" of a child are interchangeable terms that mean a
21person who is biologically or genetically related to that
22child as a parent.
23    U. "Interstate adoption" means the placement of a minor
24child with a prospective adoptive parent for the purpose of
25pursuing an adoption for that child that is subject to the
26provisions of the Interstate Compact on the Placement of

 

 

SB3183- 80 -LRB103 37041 RLC 67156 b

1Children.
2    V. (Blank).
3    W. (Blank).
4    X. "Legal father" of a child means a man who is recognized
5as or presumed to be that child's father:
6        (1) because of his marriage to or civil union with the
7    child's parent at the time of the child's birth or within
8    300 days prior to that child's birth, unless he signed a
9    denial of paternity pursuant to Section 12 of the Vital
10    Records Act or a waiver pursuant to Section 10 of this Act;
11    or
12        (2) because his paternity of the child has been
13    established pursuant to the Illinois Parentage Act, the
14    Illinois Parentage Act of 1984, or the Gestational
15    Surrogacy Act; or
16        (3) because he is listed as the child's father or
17    parent on the child's birth certificate, unless he is
18    otherwise determined by an administrative or judicial
19    proceeding not to be the parent of the child or unless he
20    rescinds his acknowledgment of paternity pursuant to the
21    Illinois Parentage Act of 1984; or
22        (4) because his paternity or adoption of the child has
23    been established by a court of competent jurisdiction.
24    The definition in this subsection X shall not be construed
25to provide greater or lesser rights as to the number of parents
26who can be named on a final judgment order of adoption or

 

 

SB3183- 81 -LRB103 37041 RLC 67156 b

1Illinois birth certificate that otherwise exist under Illinois
2law.
3    Y. "Legal mother" of a child means a woman who is
4recognized as or presumed to be that child's mother:
5        (1) because she gave birth to the child except as
6    provided in the Gestational Surrogacy Act; or
7        (2) because her maternity of the child has been
8    established pursuant to the Illinois Parentage Act of 1984
9    or the Gestational Surrogacy Act; or
10        (3) because her maternity or adoption of the child has
11    been established by a court of competent jurisdiction; or
12        (4) because of her marriage to or civil union with the
13    child's other parent at the time of the child's birth or
14    within 300 days prior to the time of birth; or
15        (5) because she is listed as the child's mother or
16    parent on the child's birth certificate unless she is
17    otherwise determined by an administrative or judicial
18    proceeding not to be the parent of the child.
19    The definition in this subsection Y shall not be construed
20to provide greater or lesser rights as to the number of parents
21who can be named on a final judgment order of adoption or
22Illinois birth certificate that otherwise exist under Illinois
23law.
24    Z. "Department" means the Illinois Department of Children
25and Family Services.
26    AA. "Placement disruption" means a circumstance where the

 

 

SB3183- 82 -LRB103 37041 RLC 67156 b

1child is removed from an adoptive placement before the
2adoption is finalized.
3    BB. "Secondary placement" means a placement, including but
4not limited to the placement of a youth in care as defined in
5Section 4d of the Children and Family Services Act, that
6occurs after a placement disruption or an adoption
7dissolution. "Secondary placement" does not mean secondary
8placements arising due to the death of the adoptive parent of
9the child.
10    CC. "Adoption dissolution" means a circumstance where the
11child is removed from an adoptive placement after the adoption
12is finalized.
13    DD. "Unregulated placement" means the secondary placement
14of a child that occurs without the oversight of the courts, the
15Department, or a licensed child welfare agency.
16    EE. "Post-placement and post-adoption support services"
17means support services for placed or adopted children and
18families that include, but are not limited to, mental health
19treatment, including counseling and other support services for
20emotional, behavioral, or developmental needs, and treatment
21for substance abuse.
22    FF. "Youth in care" has the meaning provided in Section 4d
23of the Children and Family Services Act.
24(Source: P.A. 101-155, eff. 1-1-20; 101-529, eff. 1-1-20;
25102-139, eff. 1-1-22; 102-558, eff. 8-20-21.)