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1 | AN ACT concerning courts. | |||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||||||||||||||
4 | Section 5. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||||||||||||||||
5 | changing Sections 1-2, 1-3, 2-10, 2-13, 2-13.1, 2-21, and 2-28 | |||||||||||||||||||||||||||||||||
6 | as 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 | |||||||||||||||||||||||||||||||||
10 | subject hereto such care and guidance, preferably in the | |||||||||||||||||||||||||||||||||
11 | minor's own home, as will serve the safety and moral, | |||||||||||||||||||||||||||||||||
12 | emotional, mental, and physical welfare of the minor and the | |||||||||||||||||||||||||||||||||
13 | best interests of the community; to preserve and strengthen | |||||||||||||||||||||||||||||||||
14 | the minor's family ties whenever possible, removing the minor | |||||||||||||||||||||||||||||||||
15 | from the custody of the minor's parents only when the minor's | |||||||||||||||||||||||||||||||||
16 | safety or welfare or the protection of the public cannot be | |||||||||||||||||||||||||||||||||
17 | adequately safeguarded without removal; if the child is | |||||||||||||||||||||||||||||||||
18 | removed from the custody of the minor's parent, the Department | |||||||||||||||||||||||||||||||||
19 | of Children and Family Services immediately shall consider | |||||||||||||||||||||||||||||||||
20 | concurrent planning, as described in Section 5 of the Children | |||||||||||||||||||||||||||||||||
21 | and Family Services Act so that permanency may occur at the | |||||||||||||||||||||||||||||||||
22 | earliest opportunity; consideration should be given so that if | |||||||||||||||||||||||||||||||||
23 | reunification fails or is delayed, the placement made is the |
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1 | best available placement to provide permanency for the child; | ||||||
2 | and, when the minor is removed from the minor's own family, to | ||||||
3 | secure for the minor custody, care and discipline as nearly as | ||||||
4 | possible equivalent to that which should be given by the | ||||||
5 | minor's parents, and in cases where it should and can properly | ||||||
6 | be done to place the minor in a family home so that the minor | ||||||
7 | may become a member of the family by legal adoption or | ||||||
8 | otherwise. Provided that a ground for unfitness under the | ||||||
9 | Adoption Act can be met, it may be appropriate to expedite | ||||||
10 | termination 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 |
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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 | ||||||
10 | the course thereof so as promptly to ascertain the | ||||||
11 | jurisdictional facts and fully to gather information bearing | ||||||
12 | upon the current condition and future welfare of persons | ||||||
13 | subject to this Act. This Act shall be administered in a spirit | ||||||
14 | of humane concern, not only for the rights of the parties, but | ||||||
15 | also for the fears and the limits of understanding of all who | ||||||
16 | appear before the court. | ||||||
17 | (3) In all procedures under this Act, the following shall | ||||||
18 | apply: | ||||||
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 |
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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 | ||||||
4 | foregoing 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 | ||||||
8 | context otherwise requires, have the following meanings | ||||||
9 | ascribed to them: | ||||||
10 | (.05) "Active efforts" means efforts that are affirmative, | ||||||
11 | active, thorough, timely and intended to maintain or reunite a | ||||||
12 | child with the child's family and represent a higher standard | ||||||
13 | of conduct than reasonable efforts. | ||||||
14 | (1) "Adjudicatory hearing" means a hearing to determine | ||||||
15 | whether the allegations of a petition under Section 2-13, | ||||||
16 | 3-15, or 4-12 that a minor under 18 years of age is abused, | ||||||
17 | neglected, or dependent, or requires authoritative | ||||||
18 | intervention, or addicted, respectively, are supported by a | ||||||
19 | preponderance of the evidence or whether the allegations of a | ||||||
20 | petition under Section 5-520 that a minor is delinquent are | ||||||
21 | proved 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 | ||||||
24 | legally authorized or licensed by this State for placement or | ||||||
25 | institutional care or for both placement and institutional |
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1 | care. | ||||||
2 | (4) "Association" means any organization, public or | ||||||
3 | private, engaged in welfare functions which include services | ||||||
4 | to or on behalf of children but does not include "agency" as | ||||||
5 | herein defined. | ||||||
6 | (4.05) Whenever a "best interest" determination is | ||||||
7 | required, the following factors shall be considered in the | ||||||
8 | context 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; |
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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 | ||||||
10 | to it in Section 26-2a of the School Code. | ||||||
11 | (5) "Court" means the circuit court in a session or | ||||||
12 | division assigned to hear proceedings under this Act. | ||||||
13 | (6) "Dispositional hearing" means a hearing to determine | ||||||
14 | whether a minor should be adjudged to be a ward of the court, | ||||||
15 | and to determine what order of disposition should be made in | ||||||
16 | respect to a minor adjudged to be a ward of the court. | ||||||
17 | (6.5) "Dissemination" or "disseminate" means to publish, | ||||||
18 | produce, print, manufacture, distribute, sell, lease, exhibit, | ||||||
19 | broadcast, display, transmit, or otherwise share information | ||||||
20 | in any format so as to make the information accessible to | ||||||
21 | others. | ||||||
22 | (7) "Emancipated minor" means any minor 16 years of age or | ||||||
23 | over who has been completely or partially emancipated under | ||||||
24 | the Emancipation of Minors Act or under this Act. | ||||||
25 | (7.03) "Expunge" means to physically destroy the records | ||||||
26 | and to obliterate the minor's name from any official index, |
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1 | public record, or electronic database. | ||||||
2 | (7.05) "Foster parent" includes a relative caregiver | ||||||
3 | selected by the Department of Children and Family Services to | ||||||
4 | provide care for the minor. | ||||||
5 | (8) "Guardianship of the person" of a minor means the duty | ||||||
6 | and authority to act in the best interests of the minor, | ||||||
7 | subject to residual parental rights and responsibilities, to | ||||||
8 | make important decisions in matters having a permanent effect | ||||||
9 | on the life and development of the minor and to be concerned | ||||||
10 | with the minor's general welfare. It includes but is not | ||||||
11 | necessarily 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. |
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1 | (8.1) "Juvenile court record" includes, but is not limited | ||||||
2 | to: | ||||||
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 | ||||||
19 | of arrest, station adjustments, fingerprints, probation | ||||||
20 | adjustments, the issuance of a notice to appear, or any other | ||||||
21 | records or documents maintained by any law enforcement agency | ||||||
22 | relating to a minor suspected of committing an offense, and | ||||||
23 | records maintained by a law enforcement agency that identifies | ||||||
24 | a juvenile as a suspect in committing an offense, but does not | ||||||
25 | include records identifying a juvenile as a victim, witness, | ||||||
26 | or missing juvenile and any records created, maintained, or |
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1 | used for purposes of referral to programs relating to | ||||||
2 | diversion as defined in subsection (6) of Section 5-105. | ||||||
3 | (9) "Legal custody" means the relationship created by an | ||||||
4 | order of court in the best interests of the minor which imposes | ||||||
5 | on the custodian the responsibility of physical possession of | ||||||
6 | a minor and the duty to protect, train and discipline the minor | ||||||
7 | and to provide the minor with food, shelter, education, and | ||||||
8 | ordinary medical care, except as these are limited by residual | ||||||
9 | parental rights and responsibilities and the rights and | ||||||
10 | responsibilities of the guardian of the person, if any. | ||||||
11 | (9.1) "Mentally capable adult relative" means a person 21 | ||||||
12 | years of age or older who is not suffering from a mental | ||||||
13 | illness that prevents the person from providing the care | ||||||
14 | necessary to safeguard the physical safety and welfare of a | ||||||
15 | minor who is left in that person's care by the parent or | ||||||
16 | parents or other person responsible for the minor's welfare. | ||||||
17 | (10) "Minor" means a person under the age of 21 years | ||||||
18 | subject to this Act. | ||||||
19 | (11) "Parent" means a father or mother of a child and | ||||||
20 | includes any adoptive parent. It also includes a person (i) | ||||||
21 | whose parentage is presumed or has been established under the | ||||||
22 | law of this or another jurisdiction or (ii) who has registered | ||||||
23 | with the Putative Father Registry in accordance with Section | ||||||
24 | 12.1 of the Adoption Act and whose paternity has not been ruled | ||||||
25 | out under the law of this or another jurisdiction. It does not | ||||||
26 | include a parent whose rights in respect to the minor have been |
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1 | terminated in any manner provided by law. It does not include a | ||||||
2 | person who has been or could be determined to be a parent under | ||||||
3 | the Illinois Parentage Act of 1984 or the Illinois Parentage | ||||||
4 | Act of 2015, or similar parentage law in any other state, if | ||||||
5 | that person has been convicted of or pled nolo contendere to a | ||||||
6 | crime that resulted in the conception of the child under | ||||||
7 | Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14, | ||||||
8 | 12-14.1, subsection (a) or (b) (but not subsection (c)) of | ||||||
9 | Section 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 | ||||||
11 | Criminal Code of 1961 or the Criminal Code of 2012, or similar | ||||||
12 | statute in another jurisdiction unless upon motion of any | ||||||
13 | party, other than the offender, to the juvenile court | ||||||
14 | proceedings the court finds it is in the child's best interest | ||||||
15 | to deem the offender a parent for purposes of the juvenile | ||||||
16 | court proceedings. | ||||||
17 | (11.1) "Permanency goal" means a goal set by the court as | ||||||
18 | defined in subdivision (2) of Section 2-28. | ||||||
19 | (11.2) "Permanency hearing" means a hearing to set the | ||||||
20 | permanency goal and to review and determine (i) the | ||||||
21 | appropriateness of the services contained in the plan and | ||||||
22 | whether those services have been provided, (ii) whether | ||||||
23 | reasonable efforts have been made by all the parties to the | ||||||
24 | service plan to achieve the goal, and (iii) whether the plan | ||||||
25 | and goal have been achieved. | ||||||
26 | (12) "Petition" means the petition provided for in Section |
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1 | 2-13, 3-15, 4-12, or 5-520, including any supplemental | ||||||
2 | petitions thereunder in Section 3-15, 4-12, or 5-520. | ||||||
3 | (12.1) "Physically capable adult relative" means a person | ||||||
4 | 21 years of age or older who does not have a severe physical | ||||||
5 | disability or medical condition, or is not suffering from | ||||||
6 | alcoholism or drug addiction, that prevents the person from | ||||||
7 | providing the care necessary to safeguard the physical safety | ||||||
8 | and welfare of a minor who is left in that person's care by the | ||||||
9 | parent or parents or other person responsible for the minor's | ||||||
10 | welfare. | ||||||
11 | (12.2) "Post Permanency Sibling Contact Agreement" has the | ||||||
12 | meaning ascribed to the term in Section 7.4 of the Children and | ||||||
13 | Family Services Act. | ||||||
14 | (12.3) "Residential treatment center" means a licensed | ||||||
15 | setting that provides 24-hour care to children in a group home | ||||||
16 | or institution, including a facility licensed as a child care | ||||||
17 | institution under Section 2.06 of the Child Care Act of 1969, a | ||||||
18 | licensed group home under Section 2.16 of the Child Care Act of | ||||||
19 | 1969, a qualified residential treatment program under Section | ||||||
20 | 2.35 of the Child Care Act of 1969, a secure child care | ||||||
21 | facility as defined in paragraph (18) of this Section, or any | ||||||
22 | similar facility in another state. "Residential treatment | ||||||
23 | center" does not include a relative foster home or a licensed | ||||||
24 | foster family home. | ||||||
25 | (13) "Residual parental rights and responsibilities" means | ||||||
26 | those rights and responsibilities remaining with the parent |
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1 | after the transfer of legal custody or guardianship of the | ||||||
2 | person, including, but not necessarily limited to, the right | ||||||
3 | to reasonable visitation (which may be limited by the court in | ||||||
4 | the best interests of the minor as provided in subsection | ||||||
5 | (8)(b) of this Section), the right to consent to adoption, the | ||||||
6 | right to determine the minor's religious affiliation, and the | ||||||
7 | responsibility for the minor's support. | ||||||
8 | (14) "Shelter" means the temporary care of a minor in | ||||||
9 | physically unrestricting facilities pending court disposition | ||||||
10 | or execution of court order for placement. | ||||||
11 | (14.05) "Shelter placement" means a temporary or emergency | ||||||
12 | placement for a minor, including an emergency foster home | ||||||
13 | placement. | ||||||
14 | (14.1) "Sibling Contact Support Plan" has the meaning | ||||||
15 | ascribed to the term in Section 7.4 of the Children and Family | ||||||
16 | Services Act. | ||||||
17 | (14.2) "Significant event report" means a written document | ||||||
18 | describing an occurrence or event beyond the customary | ||||||
19 | operations, routines, or relationships in the Department of | ||||||
20 | Children of Family Services, a child care facility, or other | ||||||
21 | entity that is licensed or regulated by the Department of | ||||||
22 | Children of Family Services or that provides services for the | ||||||
23 | Department of Children of Family Services under a grant, | ||||||
24 | contract, or purchase of service agreement; involving children | ||||||
25 | or youth, employees, foster parents, or relative caregivers; | ||||||
26 | allegations of abuse or neglect or any other incident raising |
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1 | a concern about the well-being of a minor under the | ||||||
2 | jurisdiction of the court under Article II of the Juvenile | ||||||
3 | Court Act of 1987; incidents involving damage to property, | ||||||
4 | allegations of criminal activity, misconduct, or other | ||||||
5 | occurrences affecting the operations of the Department of | ||||||
6 | Children of Family Services or a child care facility; any | ||||||
7 | incident that could have media impact; and unusual incidents | ||||||
8 | as defined by Department of Children and Family Services rule. | ||||||
9 | (15) "Station adjustment" means the informal handling of | ||||||
10 | an alleged offender by a juvenile police officer. | ||||||
11 | (16) "Ward of the court" means a minor who is so adjudged | ||||||
12 | under Section 2-22, 3-23, 4-20, or 5-705, after a finding of | ||||||
13 | the requisite jurisdictional facts, and thus is subject to the | ||||||
14 | dispositional powers of the court under this Act. | ||||||
15 | (17) "Juvenile police officer" means a sworn police | ||||||
16 | officer who has completed a Basic Recruit Training Course, has | ||||||
17 | been assigned to the position of juvenile police officer by | ||||||
18 | the officer's chief law enforcement officer and has completed | ||||||
19 | the necessary juvenile officers training as prescribed by the | ||||||
20 | Illinois Law Enforcement Training Standards Board, or in the | ||||||
21 | case of a State police officer, juvenile officer training | ||||||
22 | approved by the Director of the Illinois State Police. | ||||||
23 | (18) "Secure child care facility" means any child care | ||||||
24 | facility licensed by the Department of Children and Family | ||||||
25 | Services to provide secure living arrangements for children | ||||||
26 | under 18 years of age who are subject to placement in |
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1 | facilities under the Children and Family Services Act and who | ||||||
2 | are not subject to placement in facilities for whom standards | ||||||
3 | are established by the Department of Corrections under Section | ||||||
4 | 3-15-2 of the Unified Code of Corrections. "Secure child care | ||||||
5 | facility" also means a facility that is designed and operated | ||||||
6 | to ensure that all entrances and exits from the facility, a | ||||||
7 | building, or a distinct part of the building are under the | ||||||
8 | exclusive control of the staff of the facility, whether or not | ||||||
9 | the child has the freedom of movement within the perimeter of | ||||||
10 | the facility, building, or distinct part of the building. | ||||||
11 | (Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; | ||||||
12 | 103-564, 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 | ||||||
15 | the minor before the court at the temporary custody hearing, | ||||||
16 | all witnesses present shall be examined before the court in | ||||||
17 | relation to any matter connected with the allegations made in | ||||||
18 | the petition. | ||||||
19 | (1) If the court finds that there is not probable cause to | ||||||
20 | believe that the minor is abused, neglected , or dependent it | ||||||
21 | shall release the minor and dismiss the petition. | ||||||
22 | (2) If the court finds that there is probable cause to | ||||||
23 | believe that the minor is abused, neglected , or dependent, the | ||||||
24 | court shall state in writing the factual basis supporting its | ||||||
25 | finding and the minor, the minor's parent, guardian, or |
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1 | custodian , and other persons able to give relevant testimony | ||||||
2 | shall be examined before the court. The Department of Children | ||||||
3 | and Family Services shall give testimony concerning indicated | ||||||
4 | reports of abuse and neglect, of which they are aware through | ||||||
5 | the central registry, involving the minor's parent, guardian , | ||||||
6 | or custodian. After such testimony, the court may, consistent | ||||||
7 | with the health, safety , and best interests of the minor, | ||||||
8 | enter an order that the minor shall be released upon the | ||||||
9 | request of parent, guardian , or custodian if the parent, | ||||||
10 | guardian , or custodian appears to take custody. If it is | ||||||
11 | determined that a parent's, guardian's, or custodian's | ||||||
12 | compliance with critical services mitigates the necessity for | ||||||
13 | removal of the minor from the minor's home, the court may enter | ||||||
14 | an Order of Protection setting forth reasonable conditions of | ||||||
15 | behavior that a parent, guardian, or custodian must observe | ||||||
16 | for a specified period of time, not to exceed 12 months, | ||||||
17 | without a violation; provided, however, that the 12-month | ||||||
18 | period shall begin anew after any violation. "Custodian" | ||||||
19 | includes the Department of Children and Family Services, if it | ||||||
20 | has been given custody of the child, or any other agency of the | ||||||
21 | State which has been given custody or wardship of the child. If | ||||||
22 | it is consistent with the health, safety , and best interests | ||||||
23 | of the minor, the court may also prescribe shelter care and | ||||||
24 | order that the minor be kept in a suitable place designated by | ||||||
25 | the court or in a shelter care facility designated by the | ||||||
26 | Department of Children and Family Services or a licensed child |
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1 | welfare agency; however, on and after January 1, 2015 (the | ||||||
2 | effective date of Public Act 98-803) and before January 1, | ||||||
3 | 2017, a minor charged with a criminal offense under the | ||||||
4 | Criminal Code of 1961 or the Criminal Code of 2012 or | ||||||
5 | adjudicated delinquent shall not be placed in the custody of | ||||||
6 | or committed to the Department of Children and Family Services | ||||||
7 | by any court, except a minor less than 16 years of age and | ||||||
8 | committed to the Department of Children and Family Services | ||||||
9 | under Section 5-710 of this Act or a minor for whom an | ||||||
10 | independent basis of abuse, neglect, or dependency exists; and | ||||||
11 | on and after January 1, 2017, a minor charged with a criminal | ||||||
12 | offense under the Criminal Code of 1961 or the Criminal Code of | ||||||
13 | 2012 or adjudicated delinquent shall not be placed in the | ||||||
14 | custody of or committed to the Department of Children and | ||||||
15 | Family Services by any court, except a minor less than 15 years | ||||||
16 | of age and committed to the Department of Children and Family | ||||||
17 | Services under Section 5-710 of this Act or a minor for whom an | ||||||
18 | independent basis of abuse, neglect, or dependency exists. An | ||||||
19 | independent basis exists when the allegations or adjudication | ||||||
20 | of abuse, neglect, or dependency do not arise from the same | ||||||
21 | facts, incident, or circumstances which give rise to a charge | ||||||
22 | or adjudication of delinquency. | ||||||
23 | In placing the minor, the Department or other agency | ||||||
24 | shall, to the extent compatible with the court's order, comply | ||||||
25 | with Section 7 of the Children and Family Services Act. In | ||||||
26 | determining the health, safety , and best interests of the |
| |||||||
| |||||||
1 | minor to prescribe shelter care, the court must find that it is | ||||||
2 | a matter of immediate and urgent necessity for the safety , and | ||||||
3 | protection of the minor or of the person or property of another | ||||||
4 | that the minor be placed in a shelter care facility or that the | ||||||
5 | minor is likely to flee the jurisdiction of the court, and must | ||||||
6 | further find that active reasonable efforts have been made or | ||||||
7 | that, consistent with the health, safety and best interests of | ||||||
8 | the minor, no efforts reasonably can be made to prevent or | ||||||
9 | eliminate the necessity of removal of the minor from the | ||||||
10 | minor's home. The court shall require documentation from the | ||||||
11 | Department of Children and Family Services as to the active | ||||||
12 | reasonable efforts that were made to prevent or eliminate the | ||||||
13 | necessity of removal of the minor from the minor's home or the | ||||||
14 | reasons why no efforts reasonably could be made to prevent or | ||||||
15 | eliminate the necessity of removal. When a minor is placed in | ||||||
16 | the home of a relative, the Department of Children and Family | ||||||
17 | Services shall complete a preliminary background review of the | ||||||
18 | members of the minor's custodian's household in accordance | ||||||
19 | with Section 4.3 of the Child Care Act of 1969 within 90 days | ||||||
20 | of that placement. If the minor is ordered placed in a shelter | ||||||
21 | care facility of the Department of Children and Family | ||||||
22 | Services or a licensed child welfare agency, the court shall, | ||||||
23 | upon request of the appropriate Department or other agency, | ||||||
24 | appoint the Department of Children and Family Services | ||||||
25 | Guardianship Administrator or other appropriate agency | ||||||
26 | executive temporary custodian of the minor and the court may |
| |||||||
| |||||||
1 | enter such other orders related to the temporary custody as it | ||||||
2 | deems fit and proper, including the provision of services to | ||||||
3 | the minor or the minor's family to ameliorate the causes | ||||||
4 | contributing to the finding of probable cause or to the | ||||||
5 | finding of the existence of immediate and urgent necessity. | ||||||
6 | Where the Department of Children and Family Services | ||||||
7 | Guardianship Administrator is appointed as the executive | ||||||
8 | temporary custodian, the Department of Children and Family | ||||||
9 | Services shall file with the court and serve on the parties a | ||||||
10 | parent-child visiting plan, within 10 days, excluding weekends | ||||||
11 | and holidays, after the appointment. The parent-child visiting | ||||||
12 | plan shall set out the time and place of visits, the frequency | ||||||
13 | of visits, the length of visits, who shall be present at the | ||||||
14 | visits, and where appropriate, the minor's opportunities to | ||||||
15 | have telephone and mail communication with the parents. | ||||||
16 | Where the Department of Children and Family Services | ||||||
17 | Guardianship Administrator is appointed as the executive | ||||||
18 | temporary custodian, and when the child has siblings in care, | ||||||
19 | the Department of Children and Family Services shall file with | ||||||
20 | the court and serve on the parties a sibling placement and | ||||||
21 | contact plan within 10 days, excluding weekends and holidays, | ||||||
22 | after the appointment. The sibling placement and contact plan | ||||||
23 | shall set forth whether the siblings are placed together, and | ||||||
24 | if they are not placed together, what, if any, efforts are | ||||||
25 | being made to place them together. If the Department has | ||||||
26 | determined that it is not in a child's best interest to be |
| |||||||
| |||||||
1 | placed with a sibling, the Department shall document in the | ||||||
2 | sibling placement and contact plan the basis for its | ||||||
3 | determination. For siblings placed separately, the sibling | ||||||
4 | placement and contact plan shall set the time and place for | ||||||
5 | visits, the frequency of the visits, the length of visits, who | ||||||
6 | shall be present for the visits, and where appropriate, the | ||||||
7 | child's opportunities to have contact with their siblings in | ||||||
8 | addition to in person contact. If the Department determines it | ||||||
9 | is not in the best interest of a sibling to have contact with a | ||||||
10 | sibling, the Department shall document in the sibling | ||||||
11 | placement and contact plan the basis for its determination. | ||||||
12 | The sibling placement and contact plan shall specify a date | ||||||
13 | for development of the Sibling Contact Support Plan, under | ||||||
14 | subsection (f) of Section 7.4 of the Children and Family | ||||||
15 | Services Act, and shall remain in effect until the Sibling | ||||||
16 | Contact Support Plan is developed. | ||||||
17 | For good cause, the court may waive the requirement to | ||||||
18 | file the parent-child visiting plan or the sibling placement | ||||||
19 | and contact plan, or extend the time for filing either plan. | ||||||
20 | Any party may, by motion, request the court to review the | ||||||
21 | parent-child visiting plan to determine whether it is | ||||||
22 | reasonably calculated to expeditiously facilitate the | ||||||
23 | achievement of the permanency goal. A party may, by motion, | ||||||
24 | request the court to review the parent-child visiting plan or | ||||||
25 | the sibling placement and contact plan to determine whether it | ||||||
26 | is consistent with the minor's best interest. The court may |
| |||||||
| |||||||
1 | refer the parties to mediation where available. The frequency, | ||||||
2 | duration, and locations of visitation shall be measured by the | ||||||
3 | needs of the child and family, and not by the convenience of | ||||||
4 | Department personnel. Child development principles shall be | ||||||
5 | considered by the court in its analysis of how frequent | ||||||
6 | visitation should be, how long it should last, where it should | ||||||
7 | take place, and who should be present. If upon motion of the | ||||||
8 | party to review either plan and after receiving evidence, the | ||||||
9 | court determines that the parent-child visiting plan is not | ||||||
10 | reasonably calculated to expeditiously facilitate the | ||||||
11 | achievement of the permanency goal or that the restrictions | ||||||
12 | placed on parent-child contact or sibling placement or contact | ||||||
13 | are contrary to the child's best interests, the court shall | ||||||
14 | put in writing the factual basis supporting the determination | ||||||
15 | and enter specific findings based on the evidence. The court | ||||||
16 | shall enter an order for the Department to implement changes | ||||||
17 | to the parent-child visiting plan or sibling placement or | ||||||
18 | contact plan, consistent with the court's findings. At any | ||||||
19 | stage of proceeding, any party may by motion request the court | ||||||
20 | to enter any orders necessary to implement the parent-child | ||||||
21 | visiting plan, sibling placement or contact plan , or | ||||||
22 | subsequently developed Sibling Contact Support Plan. Nothing | ||||||
23 | under this subsection (2) shall restrict the court from | ||||||
24 | granting discretionary authority to the Department to increase | ||||||
25 | opportunities for additional parent-child contacts or sibling | ||||||
26 | contacts, without further court orders. Nothing in this |
| |||||||
| |||||||
1 | subsection (2) shall restrict the Department from immediately | ||||||
2 | restricting or terminating parent-child contact or sibling | ||||||
3 | contacts, without either amending the parent-child visiting | ||||||
4 | plan or the sibling contact plan or obtaining a court order, | ||||||
5 | where the Department or its assigns reasonably believe there | ||||||
6 | is an immediate need to protect the child's health, safety, | ||||||
7 | and welfare. Such restrictions or terminations must be based | ||||||
8 | on available facts to the Department and its assigns when | ||||||
9 | viewed in light of the surrounding circumstances and shall | ||||||
10 | only occur on an individual case-by-case basis. The Department | ||||||
11 | shall file with the court and serve on the parties any | ||||||
12 | amendments to the plan within 10 days, excluding weekends and | ||||||
13 | holidays, of the change of the visitation. | ||||||
14 | Acceptance of services shall not be considered an | ||||||
15 | admission of any allegation in a petition made pursuant to | ||||||
16 | this Act, nor may a referral of services be considered as | ||||||
17 | evidence in any proceeding pursuant to this Act, except where | ||||||
18 | the issue is whether the Department has made active reasonable | ||||||
19 | efforts to reunite the family. In making its findings that it | ||||||
20 | is consistent with the health, safety , and best interests of | ||||||
21 | the minor to prescribe shelter care, the court shall state in | ||||||
22 | writing (i) the factual basis supporting its findings | ||||||
23 | concerning the immediate and urgent necessity for the | ||||||
24 | protection of the minor or of the person or property of another | ||||||
25 | and (ii) the factual basis supporting its findings that active | ||||||
26 | reasonable efforts were made to prevent or eliminate the |
| |||||||
| |||||||
1 | removal of the minor from the minor's home or that no efforts | ||||||
2 | reasonably could be made to prevent or eliminate the removal | ||||||
3 | of the minor from the minor's home. The parents, guardian, | ||||||
4 | custodian, temporary custodian , and minor shall each be | ||||||
5 | furnished a copy of such written findings. The temporary | ||||||
6 | custodian shall maintain a copy of the court order and written | ||||||
7 | findings in the case record for the child. The order together | ||||||
8 | with the court's findings of fact in support thereof shall be | ||||||
9 | entered of record in the court. | ||||||
10 | Once the court finds that it is a matter of immediate and | ||||||
11 | urgent necessity for the protection of the minor that the | ||||||
12 | minor be placed in a shelter care facility, the minor shall not | ||||||
13 | be returned to the parent, custodian , or guardian until the | ||||||
14 | court finds that such placement is no longer necessary for the | ||||||
15 | protection of the minor. | ||||||
16 | If the child is placed in the temporary custody of the | ||||||
17 | Department of Children and Family Services for the minor's | ||||||
18 | protection, the court shall admonish the parents, guardian, | ||||||
19 | custodian , or responsible relative that the parents must | ||||||
20 | cooperate with the Department of Children and Family Services, | ||||||
21 | comply with the terms of the service plans, and correct the | ||||||
22 | conditions which require the child to be in care, or risk | ||||||
23 | termination of their parental rights. The court shall ensure, | ||||||
24 | by inquiring in open court of each parent, guardian, | ||||||
25 | custodian , or responsible relative, that the parent, guardian, | ||||||
26 | custodian , or responsible relative has had the opportunity to |
| |||||||
| |||||||
1 | provide the Department with all known names, addresses, and | ||||||
2 | telephone numbers of each of the minor's living adult | ||||||
3 | relatives, including, but not limited to, grandparents, | ||||||
4 | siblings of the minor's parents, and siblings. The court shall | ||||||
5 | advise the parents, guardian, custodian , or responsible | ||||||
6 | relative to inform the Department if additional information | ||||||
7 | regarding the minor's adult relatives becomes available. | ||||||
8 | (3) If prior to the shelter care hearing for a minor | ||||||
9 | described in Sections 2-3, 2-4, 3-3 , and 4-3 the moving party | ||||||
10 | is unable to serve notice on the party respondent, the shelter | ||||||
11 | care hearing may proceed ex parte. A shelter care order from an | ||||||
12 | ex parte hearing shall be endorsed with the date and hour of | ||||||
13 | issuance and shall be filed with the clerk's office and | ||||||
14 | entered of record. The order shall expire after 10 days from | ||||||
15 | the time it is issued unless before its expiration it is | ||||||
16 | renewed, at a hearing upon appearance of the party respondent, | ||||||
17 | or upon an affidavit of the moving party as to all diligent | ||||||
18 | efforts to notify the party respondent by notice as herein | ||||||
19 | prescribed. The notice prescribed shall be in writing and | ||||||
20 | shall be personally delivered to the minor or the minor's | ||||||
21 | attorney and to the last known address of the other person or | ||||||
22 | persons entitled to notice. The notice shall also state the | ||||||
23 | nature of the allegations, the nature of the order sought by | ||||||
24 | the State, including whether temporary custody is sought, and | ||||||
25 | the consequences of failure to appear and shall contain a | ||||||
26 | notice that the parties will not be entitled to further |
| |||||||
| |||||||
1 | written notices or publication notices of proceedings in this | ||||||
2 | case, including the filing of an amended petition or a motion | ||||||
3 | to terminate parental rights, except as required by Supreme | ||||||
4 | Court Rule 11; and shall explain the right of the parties and | ||||||
5 | the procedures to vacate or modify a shelter care order as | ||||||
6 | provided in this Section. The notice for a shelter care | ||||||
7 | hearing 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: |
| |||||||
| |||||||
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 | ||||||
16 | follows: | ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | orders of the court. | ||||||
2 | (4) If the parent, guardian, legal custodian, responsible | ||||||
3 | relative, minor age 8 or over, or counsel of the minor did not | ||||||
4 | have actual notice of or was not present at the shelter care | ||||||
5 | hearing, the parent, guardian, legal custodian, responsible | ||||||
6 | relative, minor age 8 or over, or counsel of the minor may file | ||||||
7 | an affidavit setting forth these facts, and the clerk shall | ||||||
8 | set the matter for rehearing not later than 48 hours, | ||||||
9 | excluding Sundays and legal holidays, after the filing of the | ||||||
10 | affidavit. At the rehearing, the court shall proceed in the | ||||||
11 | same manner as upon the original hearing. | ||||||
12 | (5) Only when there is reasonable cause to believe that | ||||||
13 | the minor taken into custody is a person described in | ||||||
14 | subsection (3) of Section 5-105 may the minor be kept or | ||||||
15 | detained in a detention home or county or municipal jail. This | ||||||
16 | Section shall in no way be construed to limit subsection (6). | ||||||
17 | (6) No minor under 16 years of age may be confined in a | ||||||
18 | jail or place ordinarily used for the confinement of prisoners | ||||||
19 | in a police station. Minors under 18 years of age must be kept | ||||||
20 | separate from confined adults and may not at any time be kept | ||||||
21 | in the same cell, room, or yard with adults confined pursuant | ||||||
22 | to the criminal law. | ||||||
23 | (7) If the minor is not brought before a judicial officer | ||||||
24 | within the time period as specified in Section 2-9, the minor | ||||||
25 | must immediately be released from custody. | ||||||
26 | (8) If neither the parent, guardian , or custodian appears |
| |||||||
| |||||||
1 | within 24 hours to take custody of a minor released upon | ||||||
2 | request pursuant to subsection (2) of this Section, then the | ||||||
3 | clerk of the court shall set the matter for rehearing not later | ||||||
4 | than 7 days after the original order and shall issue a summons | ||||||
5 | directed to the parent, guardian , or custodian to appear. At | ||||||
6 | the same time the probation department shall prepare a report | ||||||
7 | on the minor. If a parent, guardian , or custodian does not | ||||||
8 | appear at such rehearing, the judge may enter an order | ||||||
9 | prescribing that the minor be kept in a suitable place | ||||||
10 | designated by the Department of Children and Family Services | ||||||
11 | or a licensed child welfare agency. | ||||||
12 | (9) Notwithstanding any other provision of this Section | ||||||
13 | any interested party, including the State, the temporary | ||||||
14 | custodian, an agency providing services to the minor or family | ||||||
15 | under a service plan pursuant to Section 8.2 of the Abused and | ||||||
16 | Neglected Child Reporting Act, foster parent, or any of their | ||||||
17 | representatives, on notice to all parties entitled to notice, | ||||||
18 | may file a motion that it is in the best interests of the minor | ||||||
19 | to modify or vacate a temporary custody order on any of the | ||||||
20 | following 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 |
| |||||||
| |||||||
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 | ||||||
11 | it is consistent with the health, safety , and best interests | ||||||
12 | of the minor to modify or vacate a temporary custody order. If | ||||||
13 | the minor is being restored to the custody of a parent, legal | ||||||
14 | custodian, or guardian who lives outside of Illinois, and an | ||||||
15 | Interstate Compact has been requested and refused, the court | ||||||
16 | may order the Department of Children and Family Services to | ||||||
17 | arrange for an assessment of the minor's proposed living | ||||||
18 | arrangement and for ongoing monitoring of the health, safety, | ||||||
19 | and best interest of the minor and compliance with any order of | ||||||
20 | protective supervision entered in accordance with Section 2-20 | ||||||
21 | or 2-25. | ||||||
22 | The clerk shall set the matter for hearing not later than | ||||||
23 | 14 days after such motion is filed. In the event that the court | ||||||
24 | modifies or vacates a temporary custody order but does not | ||||||
25 | vacate its finding of probable cause, the court may order that | ||||||
26 | appropriate services be continued or initiated in behalf of |
| |||||||
| |||||||
1 | the minor and the minor's family. | ||||||
2 | (10) When the court finds or has found that there is | ||||||
3 | probable cause to believe a minor is an abused minor as | ||||||
4 | described in subsection (2) of Section 2-3 and that there is an | ||||||
5 | immediate and urgent necessity for the abused minor to be | ||||||
6 | placed in shelter care, immediate and urgent necessity shall | ||||||
7 | be presumed for any other minor residing in the same household | ||||||
8 | as 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 | ||||||
14 | been raised, the burden of demonstrating the lack of immediate | ||||||
15 | and urgent necessity shall be on any party that is opposing | ||||||
16 | shelter care for the other minor. | ||||||
17 | (11) The changes made to this Section by Public Act 98-61 | ||||||
18 | apply to a minor who has been arrested or taken into custody on | ||||||
19 | or after January 1, 2014 (the effective date of Public Act | ||||||
20 | 98-61). | ||||||
21 | (12) After the court has placed a minor in the care of a | ||||||
22 | temporary custodian pursuant to this Section, any party may | ||||||
23 | file a motion requesting the court to grant the temporary | ||||||
24 | custodian the authority to serve as a surrogate decision maker | ||||||
25 | for the minor under the Health Care Surrogate Act for purposes | ||||||
26 | of making decisions pursuant to paragraph (1) of subsection |
| |||||||
| |||||||
1 | (b) of Section 20 of the Health Care Surrogate Act. The court | ||||||
2 | may grant the motion if it determines by clear and convincing | ||||||
3 | evidence that it is in the best interests of the minor to grant | ||||||
4 | the temporary custodian such authority. In making its | ||||||
5 | determination, the court shall weigh the following factors in | ||||||
6 | addition to considering the best interests factors listed in | ||||||
7 | subsection (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 | ||||||
23 | temporary custodian of the minor, in addition to the | ||||||
24 | requirements of paragraph (1) of subsection (b) of Section 20 | ||||||
25 | of the Health Care Surrogate Act, the Department shall follow | ||||||
26 | its rules and procedures in exercising authority granted under |
| |||||||
| |||||||
1 | this subsection. | ||||||
2 | (Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22; | ||||||
3 | 102-813, 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 | ||||||
7 | representative may file, or the court on its own motion, | ||||||
8 | consistent with the health, safety and best interests of the | ||||||
9 | minor may direct the filing through the State's Attorney of a | ||||||
10 | petition in respect of a minor under this Act. The petition and | ||||||
11 | all subsequent court documents shall be entitled "In the | ||||||
12 | interest of ...., a minor". | ||||||
13 | (2) The petition shall be verified but the statements may | ||||||
14 | be made upon information and belief. It shall allege that the | ||||||
15 | minor is abused, neglected, or dependent, with citations to | ||||||
16 | the appropriate provisions of this Act, and set forth (a) | ||||||
17 | facts sufficient to bring the minor under Section 2-3 or 2-4 | ||||||
18 | and to inform respondents of the cause of action, including, | ||||||
19 | but not limited to, a plain and concise statement of the | ||||||
20 | factual allegations that form the basis for the filing of the | ||||||
21 | petition; (b) the name, age and residence of the minor; (c) the | ||||||
22 | names and residences of the minor's parents; (d) the name and | ||||||
23 | residence of the minor's legal guardian or the person or | ||||||
24 | persons having custody or control of the minor, or of the | ||||||
25 | nearest known relative if no parent or guardian can be found; |
| |||||||
| |||||||
1 | and (e) if the minor upon whose behalf the petition is brought | ||||||
2 | is sheltered in custody, the date on which such temporary | ||||||
3 | custody was ordered by the court or the date set for a | ||||||
4 | temporary custody hearing. If any of the facts herein required | ||||||
5 | are not known by the petitioner, the petition shall so state. | ||||||
6 | (3) The petition must allege that it is in the best | ||||||
7 | interests of the minor and of the public that the minor be | ||||||
8 | adjudged a ward of the court and may pray generally for relief | ||||||
9 | available under this Act. The petition need not specify any | ||||||
10 | proposed disposition following adjudication of wardship. The | ||||||
11 | petition may request that the minor remain in the custody of | ||||||
12 | the parent, guardian, or custodian under an Order of | ||||||
13 | Protection. | ||||||
14 | (4) If termination of parental rights and appointment of a | ||||||
15 | guardian of the person with power to consent to adoption of the | ||||||
16 | minor under Section 2-29 is sought, the petition shall so | ||||||
17 | state. If the petition includes this request, the prayer for | ||||||
18 | relief shall clearly and obviously state that the parents | ||||||
19 | could permanently lose their rights as a parent at this | ||||||
20 | hearing. | ||||||
21 | In addition to the foregoing, the petitioner, by motion, | ||||||
22 | may request the termination of parental rights and appointment | ||||||
23 | of a guardian of the person with power to consent to adoption | ||||||
24 | of the minor under Section 2-29 at any time after the entry of | ||||||
25 | a dispositional order under Section 2-22. | ||||||
26 | (4.5) (a) Unless good cause exists that filing a petition |
| |||||||
| |||||||
1 | to terminate parental rights is contrary to the child's best | ||||||
2 | interests, with respect to any minors committed to its care | ||||||
3 | pursuant to this Act, the Department of Children and Family | ||||||
4 | Services shall request the State's Attorney to file a petition | ||||||
5 | or motion for termination of parental rights and appointment | ||||||
6 | of guardian of the person with power to consent to adoption of | ||||||
7 | the 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; |
| |||||||
| |||||||
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 | ||||||
13 | exists 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 |
| |||||||
| |||||||
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 | ||||||
21 | foster 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 |
| |||||||
| |||||||
1 | custodian. | ||||||
2 | (c) (Blank). | ||||||
3 | (d) (Blank). | ||||||
4 | (5) The court shall liberally allow the petitioner to | ||||||
5 | amend the petition to set forth a cause of action or to add, | ||||||
6 | amend, or supplement factual allegations that form the basis | ||||||
7 | for a cause of action up until 14 days before the adjudicatory | ||||||
8 | hearing. The petitioner may amend the petition after that date | ||||||
9 | and prior to the adjudicatory hearing if the court grants | ||||||
10 | leave to amend upon a showing of good cause. The court may | ||||||
11 | allow amendment of the petition to conform with the evidence | ||||||
12 | at any time prior to ruling. In all cases in which the court | ||||||
13 | has granted leave to amend based on new evidence or new | ||||||
14 | allegations, the court shall permit the respondent an adequate | ||||||
15 | opportunity to prepare a defense to the amended petition. | ||||||
16 | (6) At any time before dismissal of the petition or before | ||||||
17 | final closing and discharge under Section 2-31, one or more | ||||||
18 | motions in the best interests of the minor may be filed. The | ||||||
19 | motion shall specify sufficient facts in support of the relief | ||||||
20 | requested. | ||||||
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 | ||||||
24 | efforts. | ||||||
25 | (1) (a) In conjunction with, or at any time subsequent to, |
| |||||||
| |||||||
1 | the filing of a petition on behalf of a minor in accordance | ||||||
2 | with Section 2-13 of this Act, the State's Attorney, the | ||||||
3 | guardian ad litem, or the Department of Children and Family | ||||||
4 | Services may file a motion requesting a finding that active | ||||||
5 | reasonable efforts to reunify that minor with the minor's | ||||||
6 | parent or parents are no longer required and are to cease. | ||||||
7 | (b) The court shall grant this motion with respect to a | ||||||
8 | parent of the minor if the court finds after a hearing that the | ||||||
9 | parent 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 |
| |||||||
| |||||||
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 | ||||||
4 | unless the court sets forth in writing a compelling reason why | ||||||
5 | terminating active reasonable efforts to reunify the minor | ||||||
6 | with the parent would not be in the best interests of that | ||||||
7 | minor. | ||||||
8 | (c) The court shall also grant this motion with respect to | ||||||
9 | a 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 | ||||||
14 | 30 days of granting a motion pursuant to this subsection. If an | ||||||
15 | adjudicatory or a dispositional hearing, or both, has not | ||||||
16 | taken place when the court grants a motion pursuant to this | ||||||
17 | Section, then either or both hearings shall be held as needed | ||||||
18 | so that both take place on or before the date a permanency | ||||||
19 | hearing is held pursuant to this subsection. | ||||||
20 | (b) Following a permanency hearing held pursuant to | ||||||
21 | paragraph (a) of this subsection, the appointed custodian or | ||||||
22 | guardian of the minor shall make reasonable efforts to place | ||||||
23 | the child in accordance with the permanency plan and goal set | ||||||
24 | by the court, and to complete the necessary steps to locate and | ||||||
25 | finalize a permanent placement. | ||||||
26 | (Source: P.A. 103-22, eff. 8-8-23.) |
| |||||||
| |||||||
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 | ||||||
4 | which the parties received service of process and shall note | ||||||
5 | whether the return or returns of service, postal return | ||||||
6 | receipt or receipts for notice by certified mail, or | ||||||
7 | certificate or certificates of publication have been filed in | ||||||
8 | the court record. The court shall enter any appropriate orders | ||||||
9 | of default against any parent who has been properly served in | ||||||
10 | any manner and fails to appear. | ||||||
11 | No further service of process as defined in Sections 2-15 | ||||||
12 | and 2-16 is required in any subsequent proceeding for a parent | ||||||
13 | who was properly served in any manner, except as required by | ||||||
14 | Supreme Court Rule 11. | ||||||
15 | The caseworker shall testify about the diligent search | ||||||
16 | conducted for the parent. | ||||||
17 | After hearing the evidence the court shall determine | ||||||
18 | whether or not the minor is abused, neglected, or dependent. | ||||||
19 | If it finds that the minor is not such a person, the court | ||||||
20 | shall order the petition dismissed and the minor discharged. | ||||||
21 | The court's determination of whether the minor is abused, | ||||||
22 | neglected, or dependent shall be stated in writing with the | ||||||
23 | factual basis supporting that determination. | ||||||
24 | If the court finds that the minor is abused, neglected, or | ||||||
25 | dependent, the court shall then determine and put in writing |
| |||||||
| |||||||
1 | the factual basis supporting that determination, and specify, | ||||||
2 | to the extent possible, the acts or omissions or both of each | ||||||
3 | parent, guardian, or legal custodian that form the basis of | ||||||
4 | the court's findings. That finding shall appear in the order | ||||||
5 | of the court. | ||||||
6 | If the court finds that the child has been abused, | ||||||
7 | neglected or dependent, the court shall admonish the parents | ||||||
8 | that they must cooperate with the Department of Children and | ||||||
9 | Family Services, comply with the terms of the service plan, | ||||||
10 | and correct the conditions that require the child to be in | ||||||
11 | care, or risk termination of parental rights. | ||||||
12 | If the court determines that a person has inflicted | ||||||
13 | physical or sexual abuse upon a minor, the court shall report | ||||||
14 | that determination to the Illinois State Police, which shall | ||||||
15 | include that information in its report to the President of the | ||||||
16 | school board for a school district that requests a criminal | ||||||
17 | history records check of that person, or the regional | ||||||
18 | superintendent of schools who requests a check of that person, | ||||||
19 | as required under Section 10-21.9 or 34-18.5 of the School | ||||||
20 | Code. | ||||||
21 | (2) If, pursuant to subsection (1) of this Section, the | ||||||
22 | court determines and puts in writing the factual basis | ||||||
23 | supporting the determination that the minor is either abused | ||||||
24 | or neglected or dependent, the court shall then set a time not | ||||||
25 | later than 30 days after the entry of the finding for a | ||||||
26 | dispositional hearing (unless an earlier date is required |
| |||||||
| |||||||
1 | pursuant to Section 2-13.1) to be conducted under Section 2-22 | ||||||
2 | at which hearing the court shall determine whether it is | ||||||
3 | consistent with the health, safety and best interests of the | ||||||
4 | minor and the public that he be made a ward of the court. To | ||||||
5 | assist the court in making this and other determinations at | ||||||
6 | the dispositional hearing, the court may order that an | ||||||
7 | investigation be conducted and a dispositional report be | ||||||
8 | prepared concerning the minor's physical and mental history | ||||||
9 | and condition, family situation and background, economic | ||||||
10 | status, education, occupation, history of delinquency or | ||||||
11 | criminality, personal habits, and any other information that | ||||||
12 | may be helpful to the court. The dispositional hearing may be | ||||||
13 | continued once for a period not to exceed 30 days if the court | ||||||
14 | finds that such continuance is necessary to complete the | ||||||
15 | dispositional report. | ||||||
16 | (3) The time limits of this Section may be waived only by | ||||||
17 | consent of all parties and approval by the court, as | ||||||
18 | determined to be consistent with the health, safety and best | ||||||
19 | interests of the minor. | ||||||
20 | (4) For all cases adjudicated prior to July 1, 1991, for | ||||||
21 | which no dispositional hearing has been held prior to that | ||||||
22 | date, a dispositional hearing under Section 2-22 shall be held | ||||||
23 | within 90 days of July 1, 1991. | ||||||
24 | (5) The court may terminate the parental rights of a | ||||||
25 | parent at the initial dispositional hearing if all of the | ||||||
26 | following conditions are met: |
| |||||||
| |||||||
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.) |
| |||||||
| |||||||
1 | (705 ILCS 405/2-28) | ||||||
2 | Sec. 2-28. Court review. | ||||||
3 | (1) The court may require any legal custodian or guardian | ||||||
4 | of the person appointed under this Act to report periodically | ||||||
5 | to the court or may cite the legal custodian or guardian into | ||||||
6 | court and require the legal custodian, guardian, or the legal | ||||||
7 | custodian's or guardian's agency to make a full and accurate | ||||||
8 | report of the doings of the legal custodian, guardian, or | ||||||
9 | agency on behalf of the minor. The custodian or guardian, | ||||||
10 | within 10 days after such citation, or earlier if the court | ||||||
11 | determines it to be necessary to protect the health, safety, | ||||||
12 | or welfare of the minor, shall make the report, either in | ||||||
13 | writing verified by affidavit or orally under oath in open | ||||||
14 | court, or otherwise as the court directs. Upon the hearing of | ||||||
15 | the report the court may remove the custodian or guardian and | ||||||
16 | appoint another in the custodian's or guardian's stead or | ||||||
17 | restore the minor to the custody of the minor's parents or | ||||||
18 | former guardian or custodian. However, custody of the minor | ||||||
19 | shall not be restored to any parent, guardian, or legal | ||||||
20 | custodian in any case in which the minor is found to be | ||||||
21 | neglected or abused under Section 2-3 or dependent under | ||||||
22 | Section 2-4 of this Act, unless the minor can be cared for at | ||||||
23 | home without endangering the minor's health or safety and it | ||||||
24 | is in the best interests of the minor, and if such neglect, | ||||||
25 | abuse, or dependency is found by the court under paragraph (1) | ||||||
26 | of Section 2-21 of this Act to have come about due to the acts |
| |||||||
| |||||||
1 | or omissions or both of such parent, guardian, or legal | ||||||
2 | custodian, until such time as an investigation is made as | ||||||
3 | provided in paragraph (5) and a hearing is held on the issue of | ||||||
4 | the fitness of such parent, guardian, or legal custodian to | ||||||
5 | care for the minor and the court enters an order that such | ||||||
6 | parent, guardian, or legal custodian is fit to care for the | ||||||
7 | minor. | ||||||
8 | (1.5) The public agency that is the custodian or guardian | ||||||
9 | of the minor shall file a written report with the court no | ||||||
10 | later 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 | ||||||
19 | ensure the minor is placed appropriately, how the minor's | ||||||
20 | needs are being met in the minor's shelter placement, and if a | ||||||
21 | future placement has been identified by the Department, why | ||||||
22 | the anticipated placement is appropriate for the needs of the | ||||||
23 | minor and the anticipated placement date. | ||||||
24 | (1.6) Within 30 days after placing a child in its care in a | ||||||
25 | qualified residential treatment program, as defined by the | ||||||
26 | federal Social Security Act, the Department of Children and |
| |||||||
| |||||||
1 | Family Services shall prepare a written report for filing with | ||||||
2 | the court and send copies of the report to all parties. Within | ||||||
3 | 20 days of the filing of the report, or as soon thereafter as | ||||||
4 | the court's schedule allows but not more than 60 days from the | ||||||
5 | date of placement, the court shall hold a hearing to consider | ||||||
6 | the Department's report and determine whether placement of the | ||||||
7 | child in a qualified residential treatment program provides | ||||||
8 | the most effective and appropriate level of care for the child | ||||||
9 | in the least restrictive environment and if the placement is | ||||||
10 | consistent with the short-term and long-term goals for the | ||||||
11 | child, as specified in the permanency plan for the child. The | ||||||
12 | court shall approve or disapprove the placement. If | ||||||
13 | applicable, the requirements of Sections 2-27.1 and 2-27.2 | ||||||
14 | must also be met. The Department's written report and the | ||||||
15 | court's written determination shall be included in and made | ||||||
16 | part of the case plan for the child. If the child remains | ||||||
17 | placed in a qualified residential treatment program, the | ||||||
18 | Department shall submit evidence at each status and permanency | ||||||
19 | hearing: | ||||||
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 |
| |||||||
| |||||||
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 | ||||||
12 | judge. Subsequent permanency hearings may be heard by a judge | ||||||
13 | or by hearing officers appointed or approved by the court in | ||||||
14 | the manner set forth in Section 2-28.1 of this Act. The initial | ||||||
15 | hearing shall be held (a) within 12 months from the date | ||||||
16 | temporary custody was taken, regardless of whether an | ||||||
17 | adjudication or dispositional hearing has been completed | ||||||
18 | within that time frame, (b) if the parental rights of both | ||||||
19 | parents have been terminated in accordance with the procedure | ||||||
20 | described in subsection (5) of Section 2-21, within 30 days of | ||||||
21 | the order for termination of parental rights and appointment | ||||||
22 | of a guardian with power to consent to adoption, or (c) in | ||||||
23 | accordance with subsection (2) of Section 2-13.1. Subsequent | ||||||
24 | permanency hearings shall be held every 6 months or more | ||||||
25 | frequently if necessary in the court's determination following | ||||||
26 | the initial permanency hearing, in accordance with the |
| |||||||
| |||||||
1 | standards set forth in this Section, until the court | ||||||
2 | determines that the plan and goal have been achieved. Once the | ||||||
3 | plan and goal have been achieved, if the minor remains in | ||||||
4 | substitute care, the case shall be reviewed at least every 6 | ||||||
5 | months thereafter, subject to the provisions of this Section, | ||||||
6 | unless the minor is placed in the guardianship of a suitable | ||||||
7 | relative or other person and the court determines that further | ||||||
8 | monitoring by the court does not further the health, safety, | ||||||
9 | or best interest of the child and that this is a stable | ||||||
10 | permanent placement. The permanency hearings must occur within | ||||||
11 | the time frames set forth in this subsection and may not be | ||||||
12 | delayed in anticipation of a report from any source or due to | ||||||
13 | the agency's failure to timely file its written report (this | ||||||
14 | written report means the one required under the next paragraph | ||||||
15 | and does not mean the service plan also referred to in that | ||||||
16 | paragraph). | ||||||
17 | The public agency that is the custodian or guardian of the | ||||||
18 | minor, or another agency responsible for the minor's care, | ||||||
19 | shall ensure that all parties to the permanency hearings are | ||||||
20 | provided a copy of the most recent service plan prepared | ||||||
21 | within the prior 6 months at least 14 days in advance of the | ||||||
22 | hearing. If not contained in the agency's service plan, the | ||||||
23 | agency shall also include a report setting forth (i) any | ||||||
24 | special physical, psychological, educational, medical, | ||||||
25 | emotional, or other needs of the minor or the minor's family | ||||||
26 | that are relevant to a permanency or placement determination |
| |||||||
| |||||||
1 | and (ii) for any minor age 16 or over, a written description of | ||||||
2 | the programs and services that will enable the minor to | ||||||
3 | prepare for independent living. If not contained in the | ||||||
4 | agency's service plan, the agency's report shall specify if a | ||||||
5 | minor is placed in a licensed child care facility under a | ||||||
6 | corrective plan by the Department due to concerns impacting | ||||||
7 | the minor's safety and well-being. The report shall explain | ||||||
8 | the steps the Department is taking to ensure the safety and | ||||||
9 | well-being of the minor and that the minor's needs are met in | ||||||
10 | the facility. The agency's written report must detail what | ||||||
11 | progress or lack of progress the parent has made in correcting | ||||||
12 | the conditions requiring the child to be in care; whether the | ||||||
13 | child can be returned home without jeopardizing the child's | ||||||
14 | health, safety, and welfare, and , if not, what permanency goal | ||||||
15 | is recommended to be in the best interests of the child, and | ||||||
16 | why the other permanency goals are not appropriate. The | ||||||
17 | caseworker must appear and testify at the permanency hearing. | ||||||
18 | If a permanency hearing has not previously been scheduled by | ||||||
19 | the court, the moving party shall move for the setting of a | ||||||
20 | permanency hearing and the entry of an order within the time | ||||||
21 | frames set forth in this subsection. | ||||||
22 | At the permanency hearing, the court shall determine the | ||||||
23 | future status of the child. The court shall set one of the | ||||||
24 | following permanency goals: | ||||||
25 | (A) The minor will be returned home by a specific date | ||||||
26 | within 5 months. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
17 | in writing the reasons the goal was selected and why the | ||||||
18 | preceding goals were deemed inappropriate and not in the | ||||||
19 | child's best interest. Where the court has selected a | ||||||
20 | permanency goal other than (A), (B), or (B-1), the Department | ||||||
21 | of Children and Family Services shall not provide further | ||||||
22 | reunification services, except as provided in paragraph (F) of | ||||||
23 | this subsection (2), but shall provide services consistent | ||||||
24 | with the goal selected. | ||||||
25 | (H) Notwithstanding any other provision in this | ||||||
26 | Section, the court may select the goal of continuing |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
8 | interest of the child. In determining that goal, the court | ||||||
9 | shall consult with the minor in an age-appropriate manner | ||||||
10 | regarding the proposed permanency or transition plan for the | ||||||
11 | minor. The court's determination shall include the following | ||||||
12 | factors: | ||||||
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 |
| |||||||
| |||||||
1 | in the service plan, (ii) the appropriateness of the services | ||||||
2 | contained in the plan and whether those services have been | ||||||
3 | provided, (iii) whether reasonable efforts have been made by | ||||||
4 | all the parties to the service plan to achieve the goal, and | ||||||
5 | (iv) whether the plan and goal have been achieved. All | ||||||
6 | evidence relevant to determining these questions, including | ||||||
7 | oral and written reports, may be admitted and may be relied on | ||||||
8 | to the extent of their probative value. If the court makes | ||||||
9 | findings that the Department has failed to make active efforts | ||||||
10 | to provide services as provided in the service plan, the | ||||||
11 | court's order shall specify each party that failure applies to | ||||||
12 | and the applicable time period. | ||||||
13 | The court shall make findings as to whether, in violation | ||||||
14 | of Section 8.2 of the Abused and Neglected Child Reporting | ||||||
15 | Act, any portion of the service plan compels a child or parent | ||||||
16 | to engage in any activity or refrain from any activity that is | ||||||
17 | not reasonably related to remedying a condition or conditions | ||||||
18 | that gave rise or which could give rise to any finding of child | ||||||
19 | abuse or neglect. The services contained in the service plan | ||||||
20 | shall include services reasonably related to remedy the | ||||||
21 | conditions that gave rise to removal of the child from the home | ||||||
22 | of the child's parents, guardian, or legal custodian or that | ||||||
23 | the court has found must be remedied prior to returning the | ||||||
24 | child home. Any tasks the court requires of the parents, | ||||||
25 | guardian, or legal custodian or child prior to returning the | ||||||
26 | child home must be reasonably related to remedying a condition |
| |||||||
| |||||||
1 | or conditions that gave rise to or which could give rise to any | ||||||
2 | finding of child abuse or neglect. | ||||||
3 | If the permanency goal is to return home, the court shall | ||||||
4 | make findings that identify any problems that are causing | ||||||
5 | continued placement of the children away from the home and | ||||||
6 | identify what outcomes would be considered a resolution to | ||||||
7 | these problems. The court shall explain to the parents that | ||||||
8 | these findings are based on the information that the court has | ||||||
9 | at that time and may be revised, should additional evidence be | ||||||
10 | presented to the court. | ||||||
11 | The court shall review the Sibling Contact Support Plan | ||||||
12 | developed or modified under subsection (f) of Section 7.4 of | ||||||
13 | the Children and Family Services Act, if applicable. If the | ||||||
14 | Department has not convened a meeting to develop or modify a | ||||||
15 | Sibling Contact Support Plan, or if the court finds that the | ||||||
16 | existing Plan is not in the child's best interest, the court | ||||||
17 | may enter an order requiring the Department to develop, | ||||||
18 | modify, or implement a Sibling Contact Support Plan, or order | ||||||
19 | mediation. | ||||||
20 | If the goal has been achieved, the court shall enter | ||||||
21 | orders that are necessary to conform the minor's legal custody | ||||||
22 | and status to those findings. | ||||||
23 | If, after receiving evidence, the court determines that | ||||||
24 | the services contained in the plan are not reasonably | ||||||
25 | calculated to facilitate achievement of the permanency goal, | ||||||
26 | the court shall put in writing the factual basis supporting |
| |||||||
| |||||||
1 | the determination and enter specific findings based on the | ||||||
2 | evidence. The court also shall enter an order for the | ||||||
3 | Department to develop and implement a new service plan or to | ||||||
4 | implement changes to the current service plan consistent with | ||||||
5 | the court's findings. The new service plan shall be filed with | ||||||
6 | the court and served on all parties within 45 days of the date | ||||||
7 | of the order. The court shall continue the matter until the new | ||||||
8 | service plan is filed. Except as authorized by subsection | ||||||
9 | (2.5) of this Section and as otherwise specifically authorized | ||||||
10 | by law, the court is not empowered under this Section to order | ||||||
11 | specific placements, specific services, or specific service | ||||||
12 | providers to be included in the service plan. | ||||||
13 | A guardian or custodian appointed by the court pursuant to | ||||||
14 | this Act shall file updated case plans with the court every 6 | ||||||
15 | months. | ||||||
16 | Rights of wards of the court under this Act are | ||||||
17 | enforceable against any public agency by complaints for relief | ||||||
18 | by mandamus filed in any proceedings brought under this Act. | ||||||
19 | (2.5) If, after reviewing the evidence, including evidence | ||||||
20 | from the Department, the court determines that the minor's | ||||||
21 | current or planned placement is not necessary or appropriate | ||||||
22 | to facilitate achievement of the permanency goal, the court | ||||||
23 | shall put in writing the factual basis supporting its | ||||||
24 | determination and enter specific findings based on the | ||||||
25 | evidence. If the court finds that the minor's current or | ||||||
26 | planned placement is not necessary or appropriate, the court |
| |||||||
| |||||||
1 | may enter an order directing the Department to implement a | ||||||
2 | recommendation by the minor's treating clinician or a | ||||||
3 | clinician contracted by the Department to evaluate the minor | ||||||
4 | or a recommendation made by the Department. If the Department | ||||||
5 | places a minor in a placement under an order entered under this | ||||||
6 | subsection (2.5), the Department has the authority to remove | ||||||
7 | the minor from that placement when a change in circumstances | ||||||
8 | necessitates the removal to protect the minor's health, | ||||||
9 | safety, and best interest. If the Department determines | ||||||
10 | removal is necessary, the Department shall notify the parties | ||||||
11 | of the planned placement change in writing no later than 10 | ||||||
12 | days prior to the implementation of its determination unless | ||||||
13 | remaining in the placement poses an imminent risk of harm to | ||||||
14 | the minor, in which case the Department shall notify the | ||||||
15 | parties of the placement change in writing immediately | ||||||
16 | following the implementation of its decision. The Department | ||||||
17 | shall notify others of the decision to change the minor's | ||||||
18 | placement as required by Department rule. | ||||||
19 | (3) Following the permanency hearing, the court shall | ||||||
20 | enter a written order that includes the determinations | ||||||
21 | required under subsection (2) of this Section and sets forth | ||||||
22 | the 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 |
| |||||||
| |||||||
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 | ||||||
25 | apply to the court for a change in custody of the minor and the | ||||||
26 | appointment of a new custodian or guardian of the person or for |
| |||||||
| |||||||
1 | the restoration of the minor to the custody of the minor's | ||||||
2 | parents 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 |
| |||||||
| |||||||
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, | ||||||
9 | guardian, or legal custodian in any case in which the minor is | ||||||
10 | found to be neglected or abused under Section 2-3 or dependent | ||||||
11 | under Section 2-4 of this Act, unless the minor can be cared | ||||||
12 | for at home without endangering the minor's health or safety | ||||||
13 | and it is in the best interest of the minor, and if such | ||||||
14 | neglect, abuse, or dependency is found by the court under | ||||||
15 | paragraph (1) of Section 2-21 of this Act to have come about | ||||||
16 | due to the acts or omissions or both of such parent, guardian, | ||||||
17 | or legal custodian, until such time as an investigation is | ||||||
18 | made as provided in paragraph (5) and a hearing is held on the | ||||||
19 | issue of the health, safety, and best interest of the minor and | ||||||
20 | the fitness of such parent, guardian, or legal custodian to | ||||||
21 | care for the minor and the court enters an order that such | ||||||
22 | parent, guardian, or legal custodian is fit to care for the | ||||||
23 | minor. If a motion is filed to modify or vacate a private | ||||||
24 | guardianship order and return the child to a parent, guardian, | ||||||
25 | or legal custodian, the court may order the Department of | ||||||
26 | Children and Family Services to assess the minor's current and |
| |||||||
| |||||||
1 | proposed living arrangements and to provide ongoing monitoring | ||||||
2 | of the health, safety, and best interest of the minor during | ||||||
3 | the pendency of the motion to assist the court in making that | ||||||
4 | determination. In the event that the minor has attained 18 | ||||||
5 | years of age and the guardian or custodian petitions the court | ||||||
6 | for an order terminating the minor's guardianship or custody, | ||||||
7 | guardianship or custody shall terminate automatically 30 days | ||||||
8 | after the receipt of the petition unless the court orders | ||||||
9 | otherwise. No legal custodian or guardian of the person may be | ||||||
10 | removed without the legal custodian's or guardian's consent | ||||||
11 | until given notice and an opportunity to be heard by the court. | ||||||
12 | When the court orders a child restored to the custody of | ||||||
13 | the parent or parents, the court shall order the parent or | ||||||
14 | parents to cooperate with the Department of Children and | ||||||
15 | Family Services and comply with the terms of an after-care | ||||||
16 | plan, or risk the loss of custody of the child and possible | ||||||
17 | termination of their parental rights. The court may also enter | ||||||
18 | an order of protective supervision in accordance with Section | ||||||
19 | 2-24. | ||||||
20 | If the minor is being restored to the custody of a parent, | ||||||
21 | legal custodian, or guardian who lives outside of Illinois, | ||||||
22 | and an Interstate Compact has been requested and refused, the | ||||||
23 | court may order the Department of Children and Family Services | ||||||
24 | to arrange for an assessment of the minor's proposed living | ||||||
25 | arrangement and for ongoing monitoring of the health, safety, | ||||||
26 | and best interest of the minor and compliance with any order of |
| |||||||
| |||||||
1 | protective supervision entered in accordance with Section | ||||||
2 | 2-24. | ||||||
3 | (5) Whenever a parent, guardian, or legal custodian files | ||||||
4 | a motion for restoration of custody of the minor, and the minor | ||||||
5 | was adjudicated neglected, abused, or dependent as a result of | ||||||
6 | physical abuse, the court shall cause to be made an | ||||||
7 | investigation as to whether the movant has ever been charged | ||||||
8 | with or convicted of any criminal offense which would indicate | ||||||
9 | the likelihood of any further physical abuse to the minor. | ||||||
10 | Evidence of such criminal convictions shall be taken into | ||||||
11 | account in determining whether the minor can be cared for at | ||||||
12 | home without endangering the minor's health or safety and | ||||||
13 | fitness 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. |
| |||||||
| |||||||
1 | (Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21; | ||||||
2 | 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-154, eff. | ||||||
3 | 6-30-23; 103-171, eff. 1-1-24; revised 12-15-23.) | ||||||
4 | Section 10. The Adoption Act is amended by changing | ||||||
5 | Section 1 as follows: | ||||||
6 | (750 ILCS 50/1) (from Ch. 40, par. 1501) | ||||||
7 | Sec. 1. Definitions. When used in this Act, unless the | ||||||
8 | context otherwise requires: | ||||||
9 | A. "Child" means a person under legal age subject to | ||||||
10 | adoption under this Act. | ||||||
11 | B. "Related child" means a child subject to adoption where | ||||||
12 | either or both of the adopting parents stands in any of the | ||||||
13 | following relationships to the child by blood, marriage, | ||||||
14 | adoption, or civil union: parent, grand-parent, | ||||||
15 | great-grandparent, brother, sister, step-parent, | ||||||
16 | step-grandparent, step-brother, step-sister, uncle, aunt, | ||||||
17 | great-uncle, great-aunt, first cousin, or second cousin. A | ||||||
18 | person is related to the child as a first cousin or second | ||||||
19 | cousin if they are both related to the same ancestor as either | ||||||
20 | grandchild or great-grandchild. A child whose parent has | ||||||
21 | executed a consent to adoption, a surrender, or a waiver | ||||||
22 | pursuant to Section 10 of this Act or whose parent has signed a | ||||||
23 | denial of paternity pursuant to Section 12 of the Vital | ||||||
24 | Records Act or Section 12a of this Act, or whose parent has had |
| |||||||
| |||||||
1 | his or her parental rights terminated, is not a related child | ||||||
2 | to that person, unless (1) the consent is determined to be void | ||||||
3 | or is void pursuant to subsection O of Section 10 of this Act; | ||||||
4 | or (2) the parent of the child executed a consent to adoption | ||||||
5 | by a specified person or persons pursuant to subsection A-1 of | ||||||
6 | Section 10 of this Act and a court of competent jurisdiction | ||||||
7 | finds that such consent is void; or (3) the order terminating | ||||||
8 | the parental rights of the parent is vacated by a court of | ||||||
9 | competent jurisdiction. | ||||||
10 | C. "Agency" for the purpose of this Act means a public | ||||||
11 | child welfare agency or a licensed child welfare agency. | ||||||
12 | D. "Unfit person" means any person whom the court shall | ||||||
13 | find to be unfit to have a child, without regard to the | ||||||
14 | likelihood that the child will be placed for adoption. The | ||||||
15 | grounds of unfitness are any one or more of the following, | ||||||
16 | except that a person shall not be considered an unfit person | ||||||
17 | for the sole reason that the person has relinquished a child in | ||||||
18 | accordance 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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
1 | E. "Parent" means a person who is the legal mother or legal | ||||||
2 | father of the child as defined in subsection X or Y of this | ||||||
3 | Section. For the purpose of this Act, a parent who has executed | ||||||
4 | a consent to adoption, a surrender, or a waiver pursuant to | ||||||
5 | Section 10 of this Act, who has signed a Denial of Paternity | ||||||
6 | pursuant to Section 12 of the Vital Records Act or Section 12a | ||||||
7 | of this Act, or whose parental rights have been terminated by a | ||||||
8 | court, is not a parent of the child who was the subject of the | ||||||
9 | consent, surrender, waiver, or denial unless (1) the consent | ||||||
10 | is void pursuant to subsection O of Section 10 of this Act; or | ||||||
11 | (2) the person executed a consent to adoption by a specified | ||||||
12 | person or persons pursuant to subsection A-1 of Section 10 of | ||||||
13 | this Act and a court of competent jurisdiction finds that the | ||||||
14 | consent is void; or (3) the order terminating the parental | ||||||
15 | rights of the person is vacated by a court of competent | ||||||
16 | jurisdiction. | ||||||
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; |
| |||||||
| |||||||
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 | ||||||
8 | shall not be deemed unavailable for adoption solely by reason | ||||||
9 | of his or her death. | ||||||
10 | G. The singular includes the plural and the plural | ||||||
11 | includes the singular and the "male" includes the "female", as | ||||||
12 | the context of this Act may require. | ||||||
13 | H. (Blank). | ||||||
14 | I. "Habitual residence" has the meaning ascribed to it in | ||||||
15 | the federal Intercountry Adoption Act of 2000 and regulations | ||||||
16 | promulgated thereunder. | ||||||
17 | J. "Immediate relatives" means the biological parents, the | ||||||
18 | parents of the biological parents and siblings of the | ||||||
19 | biological parents. | ||||||
20 | K. "Intercountry adoption" is a process by which a child | ||||||
21 | from a country other than the United States is adopted by | ||||||
22 | persons who are habitual residents of the United States, or | ||||||
23 | the child is a habitual resident of the United States who is | ||||||
24 | adopted by persons who are habitual residents of a country | ||||||
25 | other than the United States. | ||||||
26 | L. (Blank). |
| |||||||
| |||||||
1 | M. "Interstate Compact on the Placement of Children" is a | ||||||
2 | law enacted by all states and certain territories for the | ||||||
3 | purpose of establishing uniform procedures for handling the | ||||||
4 | interstate placement of children in foster homes, adoptive | ||||||
5 | homes, or other child care facilities. | ||||||
6 | N. (Blank). | ||||||
7 | O. "Preadoption requirements" means any conditions or | ||||||
8 | standards established by the laws or administrative rules of | ||||||
9 | this State that must be met by a prospective adoptive parent | ||||||
10 | prior to the placement of a child in an adoptive home. | ||||||
11 | P. "Abused child" means a child whose parent or immediate | ||||||
12 | family member, or any person responsible for the child's | ||||||
13 | welfare, or any individual residing in the same home as the | ||||||
14 | child, 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 |
| |||||||
| |||||||
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 | ||||||
7 | person responsible for the child's welfare withholds or denies | ||||||
8 | nourishment or medically indicated treatment including food or | ||||||
9 | care denied solely on the basis of the present or anticipated | ||||||
10 | mental or physical impairment as determined by a physician | ||||||
11 | acting alone or in consultation with other physicians or | ||||||
12 | otherwise does not provide the proper or necessary support, | ||||||
13 | education as required by law, or medical or other remedial | ||||||
14 | care recognized under State law as necessary for a child's | ||||||
15 | well-being, or other care necessary for his or her well-being, | ||||||
16 | including adequate food, clothing and shelter; or who is | ||||||
17 | abandoned by his or her parents or other person responsible | ||||||
18 | for the child's welfare. | ||||||
19 | A child shall not be considered neglected or abused for | ||||||
20 | the sole reason that the child's parent or other person | ||||||
21 | responsible for his or her welfare depends upon spiritual | ||||||
22 | means through prayer alone for the treatment or cure of | ||||||
23 | disease or remedial care as provided under Section 4 of the | ||||||
24 | Abused and Neglected Child Reporting Act. A child shall not be | ||||||
25 | considered neglected or abused for the sole reason that the | ||||||
26 | child's parent or other person responsible for the child's |
| |||||||
| |||||||
1 | welfare failed to vaccinate, delayed vaccination, or refused | ||||||
2 | vaccination for the child due to a waiver on religious or | ||||||
3 | medical grounds as permitted by law. | ||||||
4 | R. "Putative father" means a man who may be a child's | ||||||
5 | father, but who (1) is not married to the child's mother on or | ||||||
6 | before the date that the child was or is to be born and (2) has | ||||||
7 | not established paternity of the child in a court proceeding | ||||||
8 | before the filing of a petition for the adoption of the child. | ||||||
9 | The 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 | ||||||
11 | as a result of criminal sexual abuse or assault as defined | ||||||
12 | under Article 11 of the Criminal Code of 2012. | ||||||
13 | S. "Standby adoption" means an adoption in which a parent | ||||||
14 | consents to custody and termination of parental rights to | ||||||
15 | become effective upon the occurrence of a future event, which | ||||||
16 | is either the death of the parent or the request of the parent | ||||||
17 | for the entry of a final judgment of adoption. | ||||||
18 | T. (Blank). | ||||||
19 | T-5. "Biological parent", "birth parent", or "natural | ||||||
20 | parent" of a child are interchangeable terms that mean a | ||||||
21 | person who is biologically or genetically related to that | ||||||
22 | child as a parent. | ||||||
23 | U. "Interstate adoption" means the placement of a minor | ||||||
24 | child with a prospective adoptive parent for the purpose of | ||||||
25 | pursuing an adoption for that child that is subject to the | ||||||
26 | provisions of the Interstate Compact on the Placement of |
| |||||||
| |||||||
1 | Children. | ||||||
2 | V. (Blank). | ||||||
3 | W. (Blank). | ||||||
4 | X. "Legal father" of a child means a man who is recognized | ||||||
5 | as 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 | ||||||
25 | to provide greater or lesser rights as to the number of parents | ||||||
26 | who can be named on a final judgment order of adoption or |
| |||||||
| |||||||
1 | Illinois birth certificate that otherwise exist under Illinois | ||||||
2 | law. | ||||||
3 | Y. "Legal mother" of a child means a woman who is | ||||||
4 | recognized 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 | ||||||
20 | to provide greater or lesser rights as to the number of parents | ||||||
21 | who can be named on a final judgment order of adoption or | ||||||
22 | Illinois birth certificate that otherwise exist under Illinois | ||||||
23 | law. | ||||||
24 | Z. "Department" means the Illinois Department of Children | ||||||
25 | and Family Services. | ||||||
26 | AA. "Placement disruption" means a circumstance where the |
| |||||||
| |||||||
1 | child is removed from an adoptive placement before the | ||||||
2 | adoption is finalized. | ||||||
3 | BB. "Secondary placement" means a placement, including but | ||||||
4 | not limited to the placement of a youth in care as defined in | ||||||
5 | Section 4d of the Children and Family Services Act, that | ||||||
6 | occurs after a placement disruption or an adoption | ||||||
7 | dissolution. "Secondary placement" does not mean secondary | ||||||
8 | placements arising due to the death of the adoptive parent of | ||||||
9 | the child. | ||||||
10 | CC. "Adoption dissolution" means a circumstance where the | ||||||
11 | child is removed from an adoptive placement after the adoption | ||||||
12 | is finalized. | ||||||
13 | DD. "Unregulated placement" means the secondary placement | ||||||
14 | of a child that occurs without the oversight of the courts, the | ||||||
15 | Department, or a licensed child welfare agency. | ||||||
16 | EE. "Post-placement and post-adoption support services" | ||||||
17 | means support services for placed or adopted children and | ||||||
18 | families that include, but are not limited to, mental health | ||||||
19 | treatment, including counseling and other support services for | ||||||
20 | emotional, behavioral, or developmental needs, and treatment | ||||||
21 | for substance abuse. | ||||||
22 | FF. "Youth in care" has the meaning provided in Section 4d | ||||||
23 | of the Children and Family Services Act. | ||||||
24 | (Source: P.A. 101-155, eff. 1-1-20; 101-529, eff. 1-1-20; | ||||||
25 | 102-139, eff. 1-1-22; 102-558, eff. 8-20-21 .) |