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90_SB0366sam001
LRB9002774NTsbam
1 AMENDMENT TO SENATE BILL 366
2 AMENDMENT NO. . Amend Senate Bill 366 by replacing
3 the title with the following:
4 "AN ACT concerning children, amending named Acts."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Children and Family Services Act is
8 amended by changing Section 6a as follows:
9 (20 ILCS 505/6a) (from Ch. 23, par. 5006a)
10 (Text of Section before amendment by P.A. 89-704)
11 Sec. 6a. Case Plan.
12 (a) With respect to each Department client for whom the
13 Department is providing placement service, the Department
14 shall develop a case plan designed to stabilize the family
15 situation and prevent placement of a child outside the home
16 of the family, reunify the family if temporary placement is
17 necessary, or move the child toward the most permanent living
18 arrangement and permanent legal status. Such case plan shall
19 provide for the utilization of family preservation services.
20 Such case plan shall be reviewed and updated every 6 months.
21 Where appropriate, the case plan shall include
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1 recommendations concerning alcohol or drug abuse evaluation.
2 (b) The Department may enter into written agreements
3 with child welfare agencies to establish and implement case
4 plan demonstration projects. The demonstration projects
5 shall require that service providers develop, implement,
6 review and update client case plans. The Department shall
7 examine the effectiveness of the demonstration projects in
8 promoting the family reunification or the permanent placement
9 of each client and shall report its findings to the General
10 Assembly no later than 90 days after the end of the fiscal
11 year in which any such demonstration project is implemented.
12 (Source: P.A. 85-985; 86-1296.)
13 (Text of Section after amendment by P.A. 89-704)
14 Sec. 6a. Case Plan.
15 (a) With respect to each Department client for whom the
16 Department is providing placement service, the Department
17 shall develop a case plan designed to stabilize the family
18 situation and prevent placement of a child outside the home
19 of the family, reunify the family if temporary placement is
20 necessary, or move the child toward the most permanent living
21 arrangement and permanent legal status. Such case plan shall
22 provide for the utilization of reasonable family preservation
23 services as defined in Section 8.2 of the Abused and
24 Neglected Child Reporting Act. Such case plan shall be
25 reviewed and updated every 6 months. Where appropriate, the
26 case plan shall include recommendations concerning alcohol or
27 drug abuse evaluation.
28 (b) The Department may enter into written agreements
29 with child welfare agencies to establish and implement case
30 plan demonstration projects. The demonstration projects
31 shall require that service providers develop, implement,
32 review and update client case plans. The Department shall
33 examine the effectiveness of the demonstration projects in
34 promoting the family reunification or the permanent placement
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1 of each client and shall report its findings to the General
2 Assembly no later than 90 days after the end of the fiscal
3 year in which any such demonstration project is implemented.
4 (Source: P.A. 89-704, eff. 1-1-98.)
5 Section 10. The Juvenile Court Act of 1987 is amended by
6 changing Sections 1-2, 2-21, and 2-29 as follows:
7 (705 ILCS 405/1-2) (from Ch. 37, par. 801-2)
8 (Text of Section before amendment by P.A. 89-704)
9 Sec. 1-2. Purpose and policy. (1) The purpose of this
10 Act is to secure for each minor subject hereto such care and
11 guidance, preferably in his or her own home, as will serve
12 the moral, emotional, mental, and physical welfare of the
13 minor and the best interests of the community; to preserve
14 and strengthen the minor's family ties whenever possible,
15 removing him or her from the custody of his or her parents
16 only when his or her welfare or safety or the protection of
17 the public cannot be adequately safeguarded without removal;
18 and, when the minor is removed from his or her own family, to
19 secure for him or her custody, care and discipline as nearly
20 as possible equivalent to that which should be given by his
21 or her parents, and in cases where it should and can properly
22 be done to place the minor in a family home so that he or she
23 may become a member of the family by legal adoption or
24 otherwise.
25 (2) In all proceedings under this Act the court may
26 direct the course thereof so as promptly to ascertain the
27 jurisdictional facts and fully to gather information bearing
28 upon the current condition and future welfare of persons
29 subject to this Act. This Act shall be administered in a
30 spirit of humane concern, not only for the rights of the
31 parties, but also for the fears and the limits of
32 understanding of all who appear before the court.
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1 (3) In all procedures under this Act, the following
2 shall apply:
3 (a) The procedural rights assured to the minor shall be
4 the rights of adults unless specifically precluded by laws
5 which enhance the protection of such minors.
6 (b) Every child has a right to services necessary to his
7 or her proper development, including health, education and
8 social services.
9 (c) The parents' right to the custody of their child
10 shall not prevail when the court determines that it is
11 contrary to the best interests of the child.
12 (4) This Act shall be liberally construed to carry out
13 the foregoing purpose and policy.
14 (Source: P.A. 85-601.)
15 (Text of Section after amendment by P.A. 89-704)
16 Sec. 1-2. Purpose and policy.
17 (1) The purpose of this Act is to secure for each minor
18 subject hereto such care and guidance, preferably in his or
19 her own home, as will serve the moral, emotional, mental, and
20 physical welfare of the minor and the best interests of the
21 community; to preserve and strengthen the minor's family ties
22 whenever possible, removing him or her from the custody of
23 his or her parents only when his or her welfare or safety or
24 the protection of the public cannot be adequately safeguarded
25 without removal; and, when the minor is removed from his or
26 her own family, to secure for him or her custody, care and
27 discipline as nearly as possible equivalent to that which
28 should be given by his or her parents, and in cases where it
29 should and can properly be done to place the minor in a
30 family home so that he or she may become a member of the
31 family by legal adoption or otherwise. Provided that a
32 ground for unfitness under the Adoption Act can be met, it
33 may be appropriate to expedite termination of parental rights
34 in abandonment cases; or in those extreme cases in which the
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1 parent's conduct toward the child or the child's sibling has
2 been so egregious that the behavior justifies expedited
3 termination of parental rights; or in those extreme cases in
4 which the parent's incapacity to care for the child, combined
5 with an extremely poor prognosis for treatment or
6 rehabilitation, justifies expedited termination of a
7 determination that parental rights should be terminated.
8 (2) In all proceedings under this Act the court may
9 direct the course thereof so as promptly to ascertain the
10 jurisdictional facts and fully to gather information bearing
11 upon the current condition and future welfare of persons
12 subject to this Act. This Act shall be administered in a
13 spirit of humane concern, not only for the rights of the
14 parties, but also for the fears and the limits of
15 understanding of all who appear before the court.
16 (3) In all procedures under this Act, the following
17 shall apply:
18 (a) The procedural rights assured to the minor
19 shall be the rights of adults unless specifically
20 precluded by laws which enhance the protection of such
21 minors.
22 (b) Every child has a right to services necessary
23 to his or her proper development, including health,
24 education and social services.
25 (c) The parents' right to the custody of their
26 child shall not prevail when the court determines that it
27 is contrary to the best interests of the child.
28 (4) This Act shall be liberally construed to carry out
29 the foregoing purpose and policy.
30 (Source: P.A. 89-704, eff. 1-1-98.)
31 (705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
32 (Text of Section before amendment by P.A. 89-704)
33 Sec. 2-21. Findings and adjudication.
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1 (1) After hearing the evidence the court shall determine
2 whether or not the minor is abused, neglected, or dependent.
3 If it finds that the minor is not such a person, the court
4 shall order the petition dismissed and the minor discharged.
5 The court's determination of whether the minor is abused,
6 neglected, or dependent shall be stated in writing with the
7 factual basis supporting that determination.
8 If the court finds that the minor is abused, neglected,
9 or dependent, the court shall then determine and put in
10 writing the factual basis supporting the determination of
11 whether the abuse, neglect, or dependency is the result of
12 physical abuse to the minor inflicted by a parent, guardian,
13 or legal custodian. That finding shall appear in the order
14 of the court.
15 (2) If the court determines and puts in writing the
16 factual basis supporting the determination that the minor is
17 either abused or neglected or dependent, the court shall then
18 set a time not later than 30 days after the entry of the
19 finding for a dispositional hearing to be conducted under
20 Section 2-22 at which hearing the court shall determine
21 whether it is in the best interests of the minor and the
22 public that he be made a ward of the court. To assist the
23 court in making this and other determinations at the
24 dispositional hearing, the court may order that an
25 investigation be conducted and a dispositional report be
26 prepared concerning the minor's physical and mental history
27 and condition, family situation and background, economic
28 status, education, occupation, history of delinquency or
29 criminality, personal habits, and any other information that
30 may be helpful to the court. The dispositional hearing may
31 be continued once for a period not to exceed 30 days if the
32 court finds that such continuance is necessary to complete
33 the dispositional report.
34 (3) The time limits of this Section may be waived only
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1 by consent of all parties and approval by the court, as
2 determined to be in the best interests of the minor.
3 (4) For all cases adjudicated prior to July 1, 1991, for
4 which no dispositional hearing has been held prior to that
5 date, a dispositional hearing under Section 2-22 shall be
6 held within 90 days of July 1, 1991.
7 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
8 12-2-94.)
9 (Text of Section after amendment by P.A. 89-704)
10 Sec. 2-21. Findings and adjudication.
11 (1) After hearing the evidence the court shall determine
12 whether or not the minor is abused, neglected, or dependent.
13 If it finds that the minor is not such a person, the court
14 shall order the petition dismissed and the minor discharged.
15 The court's determination of whether the minor is abused,
16 neglected, or dependent shall be stated in writing with the
17 factual basis supporting that determination.
18 If the court finds that the minor is abused, neglected,
19 or dependent, the court shall then determine and put in
20 writing the factual basis supporting the determination of
21 whether the abuse, neglect, or dependency is the result of
22 physical abuse to the minor inflicted by a parent, guardian,
23 or legal custodian. That finding shall appear in the order
24 of the court.
25 (2) If the court determines and puts in writing the
26 factual basis supporting the determination that the minor is
27 either abused or neglected or dependent, the court shall then
28 set a time not later than 30 days after the entry of the
29 finding for a dispositional hearing to be conducted under
30 Section 2-22 at which hearing the court shall determine
31 whether it is in the best interests of the minor and the
32 public that he be made a ward of the court. To assist the
33 court in making this and other determinations at the
34 dispositional hearing, the court may order that an
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1 investigation be conducted and a dispositional report be
2 prepared concerning the minor's physical and mental history
3 and condition, family situation and background, economic
4 status, education, occupation, history of delinquency or
5 criminality, personal habits, and any other information that
6 may be helpful to the court. The dispositional hearing may
7 be continued once for a period not to exceed 30 days if the
8 court finds that such continuance is necessary to complete
9 the dispositional report.
10 (3) The time limits of this Section may be waived only
11 by consent of all parties and approval by the court, as
12 determined to be in the best interests of the minor.
13 (4) For all cases adjudicated prior to July 1, 1991, for
14 which no dispositional hearing has been held prior to that
15 date, a dispositional hearing under Section 2-22 shall be
16 held within 90 days of July 1, 1991.
17 (5) The court may terminate the parental rights of a
18 parent at the initial dispositional hearing if all of the
19 following conditions are met:
20 (i) the original, amended, or supplemental petition
21 contains a request for termination of parental rights and
22 appointment of a guardian with power to consent to
23 adoption; and
24 (ii) the court has found by a preponderance of
25 evidence, introduced or stipulated to at an adjudicatory
26 hearing, that the child comes under the jurisdiction of
27 the court as an abused, neglected, or dependent minor
28 under Section 2-18; and
29 (iii) the court finds, on the basis of clear and
30 convincing legally admissible evidence admitted
31 introduced or stipulated to at the adjudicatory hearing
32 or at the dispositional hearing, that the parent is an
33 unfit person under subdivision D of Section 1 of the
34 Adoption Act; and
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1 (iv) the court determines in accordance with the
2 rules of evidence for dispositional proceedings, that:
3 (A) it is in the best interest of the minor
4 and public that the child be made a ward of the
5 court; and
6 (B) termination of parental rights and
7 appointment of a guardian with power to consent to
8 adoption is in the best interest of the child
9 pursuant to Section 2-29.
10 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
11 12-2-94; 89-704, eff. 1-1-98.)
12 (705 ILCS 405/2-29) (from Ch. 37, par. 802-29)
13 (Text of Section before amendment by P.A. 89-704)
14 Sec. 2-29. Adoption; appointment of guardian with power
15 to consent.
16 (1) A ward of the court under this Act, with the consent
17 of the court, may be the subject of a petition for adoption
18 under "An Act in relation to the adoption of persons, and to
19 repeal an Act therein named", approved July 17, 1959, as now
20 or hereafter amended, or with like consent his or her parent
21 or parents may, in the manner required by such Act, surrender
22 him or her for adoption to an agency legally authorized or
23 licensed to place children for adoption.
24 (2) If the petition prays and the court finds that it is
25 in the best interest of the minor that a guardian of the
26 person be appointed and authorized to consent to the adoption
27 of the minor, the court with the consent of the parents, if
28 living, or after finding, based upon clear and convincing
29 evidence, that a non-consenting parent is an unfit person as
30 defined in Section 1 of "An Act in relation to the adoption
31 of persons, and to repeal an Act therein named", approved
32 July 17, 1959, as amended, may empower the guardian of the
33 person of the minor, in the order appointing him or her as
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1 such guardian, to appear in court where any proceedings for
2 the adoption of the minor may at any time be pending and to
3 consent to the adoption. Such consent is sufficient to
4 authorize the court in the adoption proceedings to enter a
5 proper order or judgment of adoption without further notice
6 to, or consent by, the parents of the minor. An order so
7 empowering the guardian to consent to adoption terminates
8 parental rights, deprives the parents of the minor of all
9 legal rights as respects the minor and relieves them of all
10 parental responsibility for him or her, and frees the minor
11 from all obligations of maintenance and obedience to his or
12 her natural parents.
13 If the minor is over 14 years of age, the court may, in
14 its discretion, consider the wishes of the minor in
15 determining whether the best interests of the minor would be
16 promoted by the finding of the unfitness of a non-consenting
17 parent.
18 (3) Parental consent to the order authorizing the
19 guardian of the person to consent to adoption of the minor
20 shall be given in open court whenever possible and otherwise
21 must be in writing and signed in the form provided in "An Act
22 in relation to the adoption of persons, and to repeal an Act
23 therein named", approved July 17, 1959, as now or hereafter
24 amended, but no names of petitioners for adoption need be
25 included. A finding of the unfitness of a nonconsenting
26 parent must be made in compliance with that Act and be based
27 upon clear and convincing evidence. Provisions of that Act
28 relating to minor parents and to mentally ill or mentally
29 deficient parents apply to proceedings under this Section and
30 any findings with respect to such parents shall be based upon
31 clear and convincing evidence.
32 (Source: P.A. 85-601.)
33 (Text of Section after amendment by P.A. 89-704)
34 Sec. 2-29. Adoption; appointment of guardian with power
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1 to consent.
2 (1) With leave of the court, a minor who is the subject
3 of an abuse, neglect, or dependency petition under this Act
4 may be the subject of a petition for adoption under the
5 Adoption Act.
6 (1.1) The parent or parents of a child in whose interest
7 a petition under Section 2-13 of this Act is pending may, in
8 the manner required by the Adoption Act, (a) surrender him or
9 her for adoption to an agency legally authorized or licensed
10 to place children for adoption, (b) consent to his or her
11 adoption, or (c) consent to his or her adoption by a
12 specified person or persons. Nothing in this Section requires
13 that the parent or parents execute the surrender, consent, or
14 consent to adoption by a specified person in open court.
15 (2) If a petition prays and the court finds that it is
16 in the best interest of the minor that a guardian of the
17 person be appointed and authorized to consent to the adoption
18 of the minor, the court, with the consent agreement of the
19 parents, if living, or after finding, based upon clear and
20 convincing evidence, that a parent is an unfit person as
21 defined in Section 1 of the Adoption Act, may empower the
22 guardian of the person of the minor, in the order appointing
23 him or her as such guardian, to appear in court where any
24 proceedings for the adoption of the minor may at any time be
25 pending and to consent to the adoption. Such consent is
26 sufficient to authorize the court in the adoption proceedings
27 to enter a proper order or judgment of adoption without
28 further notice to, or consent by, the parents of the minor.
29 An order so empowering the guardian to consent to adoption
30 terminates parental rights, deprives the parents of the minor
31 of all legal rights as respects the minor and relieves them
32 of all parental responsibility for him or her, and frees the
33 minor from all obligations of maintenance and obedience to
34 his or her natural parents.
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1 If the minor is over 14 years of age, the court may, in
2 its discretion, consider the wishes of the minor in
3 determining whether the best interests of the minor would be
4 promoted by the finding of the unfitness of a non-consenting
5 parent.
6 (3) Parental consent to the request for an order
7 authorizing the guardian of the person to consent to adoption
8 of the minor shall be made in open court whenever possible
9 and otherwise must be in writing and signed in the form
10 provided in the Adoption Act, but no names of petitioners for
11 adoption need be included.
12 (4) A finding of the unfitness of a parent must be made
13 in compliance with the Adoption Act and be based upon clear
14 and convincing evidence. Provisions of the Adoption Act
15 relating to minor parents and to mentally ill or mentally
16 deficient parents apply to proceedings under this Section and
17 any findings with respect to such parents shall be based upon
18 clear and convincing evidence.
19 (Source: P.A. 89-704, eff. 1-1-98.)
20 Section 15. The Adoption Act is amended by changing
21 Section 1 as follows:
22 (750 ILCS 50/1) (from Ch. 40, par. 1501)
23 (Text of Section before amendment by P.A. 89-704)
24 Sec. 1. Definitions. When used in this Act, unless the
25 context otherwise requires:
26 A. "Child" means a person under legal age subject to
27 adoption under this Act.
28 B. "Related child" means a child subject to adoption
29 where either or both of the adopting parents stands in any of
30 the following relationships to the child by blood or
31 marriage: parent, grand-parent, brother, sister, step-parent,
32 step-grandparent, step-brother, step-sister, uncle, aunt,
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1 great-uncle, great-aunt, or cousin of first degree. A child
2 whose parent has executed a final irrevocable consent to
3 adoption or a final irrevocable surrender for purposes of
4 adoption, or whose parent has had his or her parental rights
5 terminated, is not a related child to that person.
6 C. "Agency" for the purpose of this Act means a public
7 child welfare agency or a licensed child welfare agency.
8 D. "Unfit person" means any person whom the court shall
9 find to be unfit to have a child, without regard to the
10 likelihood that the child will be placed for adoption. The
11 grounds of unfitness are any one or more of the following:
12 (a) Abandonment of the child.
13 (b) Failure to maintain a reasonable degree of
14 interest, concern or responsibility as to the child's
15 welfare.
16 (c) Desertion of the child for more than 3 months
17 next preceding the commencement of the Adoption
18 proceeding.
19 (d) Substantial neglect of the child if continuous
20 or repeated.
21 (e) Extreme or repeated cruelty to the child.
22 (f) Two or more findings of physical abuse to any
23 children under Section 4-8 of the Juvenile Court Act or
24 Section 2-21 of the Juvenile Court Act of 1987, the most
25 recent of which was determined by the juvenile court
26 hearing the matter to be supported by clear and
27 convincing evidence; a criminal conviction resulting from
28 the death of any child by physical child abuse; or a
29 finding of physical child abuse resulting from the death
30 of any child under Section 4-8 of the Juvenile Court Act
31 or Section 2-21 of the Juvenile Court Act of 1987.
32 (g) Failure to protect the child from conditions
33 within his environment injurious to the child's welfare.
34 (h) Other neglect of, or misconduct toward the
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1 child; provided that in making a finding of unfitness the
2 court hearing the adoption proceeding shall not be bound
3 by any previous finding, order or judgment affecting or
4 determining the rights of the parents toward the child
5 sought to be adopted in any other proceeding except such
6 proceedings terminating parental rights as shall be had
7 under either this Act, the Juvenile Court Act or the
8 Juvenile Court Act of 1987.
9 (i) Depravity.
10 (j) Open and notorious adultery or fornication.
11 (j-1) Conviction of first degree murder in
12 violation of paragraph 1 or 2 of subsection (a) of
13 Section 9-1 of the Criminal Code of 1961 or conviction of
14 second degree murder in violation of subsection (a) of
15 Section 9-2 of the Criminal Code of 1961 of a parent of
16 the child to be adopted shall create a presumption of
17 unfitness that may be overcome only by clear and
18 convincing evidence.
19 (k) Habitual drunkenness or addiction to drugs,
20 other than those prescribed by a physician, for at least
21 one year immediately prior to the commencement of the
22 unfitness proceeding.
23 (l) Failure to demonstrate a reasonable degree of
24 interest, concern or responsibility as to the welfare of
25 a new born child during the first 30 days after its
26 birth.
27 (m) Failure by a parent to make reasonable efforts
28 to correct the conditions that were the basis for the
29 removal of the child from the parent, or to make
30 reasonable progress toward the return of the child to the
31 parent within 12 months after an adjudication of
32 neglected minor, abused minor or dependent minor under
33 the Juvenile Court Act or the Juvenile Court Act of 1987.
34 (n) Evidence of intent to forego his or her
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1 parental rights, whether or not the child is a ward of
2 the court, (1) as manifested by his or her failure for a
3 period of 12 months: (i) to visit the child, (ii) to
4 communicate with the child or agency, although able to do
5 so and not prevented from doing so by an agency or by
6 court order, or (iii) to maintain contact with or plan
7 for the future of the child, although physically able to
8 do so, or (2) as manifested by the father's failure,
9 where he and the mother of the child were unmarried to
10 each other at the time of the child's birth, (i) to
11 commence legal proceedings to establish his paternity
12 under the Illinois Parentage Act of 1984 or the law of
13 the jurisdiction of the child's birth within 30 days of
14 being informed, pursuant to Section 12a of this Act, that
15 he is the father or the likely father of the child or,
16 after being so informed where the child is not yet born,
17 within 30 days of the child's birth, or (ii) to make a
18 good faith effort to pay a reasonable amount of the
19 expenses related to the birth of the child and to provide
20 a reasonable amount for the financial support of the
21 child, the court to consider in its determination all
22 relevant circumstances, including the financial condition
23 of both parents; provided that the ground for termination
24 provided in this subparagraph (n)(2)(ii) shall only be
25 available where the petition is brought by the mother or
26 the husband of the mother.
27 Contact or communication by a parent with his or her
28 child that does not demonstrate affection and concern
29 does not constitute reasonable contact and planning under
30 subdivision (n). In the absence of evidence to the
31 contrary, the ability to visit, communicate, maintain
32 contact, pay expenses and plan for the future shall be
33 presumed. The subjective intent of the parent, whether
34 expressed or otherwise, unsupported by evidence of the
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1 foregoing parental acts manifesting that intent, shall
2 not preclude a determination that the parent has intended
3 to forego his or her parental rights. In making this
4 determination, the court may consider but shall not
5 require a showing of diligent efforts by an authorized
6 agency to encourage the parent to perform the acts
7 specified in subdivision (n).
8 It shall be an affirmative defense to any allegation
9 under paragraph (2) of this subsection that the father's
10 failure was due to circumstances beyond his control or to
11 impediments created by the mother or any other person
12 having legal custody. Proof of that fact need only be by
13 a preponderance of the evidence.
14 (o) repeated or continuous failure by the parents,
15 although physically and financially able, to provide the
16 child with adequate food, clothing, or shelter.
17 (p) inability to discharge parental
18 responsibilities supported by competent evidence from a
19 psychiatrist, licensed clinical social worker, or
20 clinical psychologist of mental impairment, mental
21 illness or mental retardation as defined in Section 1-116
22 of the Mental Health and Developmental Disabilities Code,
23 or developmental disability as defined in Section 1-106
24 of that Code, and there is sufficient justification to
25 believe that the inability to discharge parental
26 responsibilities shall extend beyond a reasonable time
27 period. However, this subdivision (p) shall not be
28 construed so as to permit a licensed clinical social
29 worker to conduct any medical diagnosis to determine
30 mental illness or mental impairment.
31 (q) a finding of physical abuse of the child under
32 Section 4-8 of the Juvenile Court Act or Section 2-21 of
33 the Juvenile Court Act of 1987 and a criminal conviction
34 of aggravated battery of the child.
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1 E. "Parent" means the father or mother of a legitimate
2 or illegitimate child. For the purpose of this Act, a person
3 who has executed a final and irrevocable consent to adoption
4 or a final and irrevocable surrender for purposes of
5 adoption, or whose parental rights have been terminated by a
6 court, is not a parent of the child who was the subject of
7 the consent or surrender.
8 F. A person is available for adoption when the person
9 is:
10 (a) a child who has been surrendered for adoption
11 to an agency and to whose adoption the agency has
12 thereafter consented;
13 (b) a child to whose adoption a person authorized
14 by law, other than his parents, has consented, or to
15 whose adoption no consent is required pursuant to Section
16 8 of this Act;
17 (c) a child who is in the custody of persons who
18 intend to adopt him through placement made by his
19 parents; or
20 (d) an adult who meets the conditions set forth in
21 Section 3 of this Act.
22 A person who would otherwise be available for adoption
23 shall not be deemed unavailable for adoption solely by reason
24 of his or her death.
25 G. The singular includes the plural and the plural
26 includes the singular and the "male" includes the "female",
27 as the context of this Act may require.
28 H. "Adoption disruption" occurs when an adoptive
29 placement does not prove successful and it becomes necessary
30 for the child to be removed from placement before the
31 adoption is finalized.
32 I. "Foreign placing agency" is an agency or individual
33 operating in a country or territory outside the United States
34 that is authorized by its country to place children for
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1 adoption either directly with families in the United States
2 or through United States based international agencies.
3 J. "Immediate relatives" means the biological parents,
4 the parents of the biological parents and siblings of the
5 biological parents;
6 K. "Intercountry adoption" is a process by which a child
7 from a country other than the United States is adopted.
8 L. "Intercountry Adoption Coordinator" is a staff person
9 of the Department of Children and Family Services appointed
10 by the Director to coordinate the provision of services by
11 the public and private sector to prospective parents of
12 foreign-born children.
13 M. "Interstate Compact on the Placement of Children" is
14 a law enacted by most states for the purpose of establishing
15 uniform procedures for handling the interstate placement of
16 children in foster homes, adoptive homes, or other child care
17 facilities.
18 N. "Non-Compact state" means a state that has not
19 enacted the Interstate Compact on the Placement of Children.
20 O. "Preadoption requirements" are any conditions
21 established by the laws or regulations of the Federal
22 Government or of each state that must be met prior to the
23 placement of a child in an adoptive home.
24 P. "Abused child" means a child whose parent or
25 immediate family member, or any person responsible for the
26 child's welfare, or any individual residing in the same home
27 as the child, or a paramour of the child's parent:
28 (a) inflicts, causes to be inflicted, or allows to
29 be inflicted upon the child physical injury, by other
30 than accidental means, that causes death, disfigurement,
31 impairment of physical or emotional health, or loss or
32 impairment of any bodily function;
33 (b) creates a substantial risk of physical injury
34 to the child by other than accidental means which would
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1 be likely to cause death, disfigurement, impairment of
2 physical or emotional health, or loss or impairment of
3 any bodily function;
4 (c) commits or allows to be committed any sex
5 offense against the child, as sex offenses are defined in
6 the Criminal Code of 1961 and extending those definitions
7 of sex offenses to include children under 18 years of
8 age;
9 (d) commits or allows to be committed an act or
10 acts of torture upon the child; or
11 (e) inflicts excessive corporal punishment.
12 Q. "Neglected child" means any child whose parent or
13 other person responsible for the child's welfare withholds
14 or denies nourishment or medically indicated treatment
15 including food or care denied solely on the basis of the
16 present or anticipated mental or physical impairment as
17 determined by a physician acting alone or in consultation
18 with other physicians or otherwise does not provide the
19 proper or necessary support, education as required by law, or
20 medical or other remedial care recognized under State law as
21 necessary for a child's well-being, or other care necessary
22 for his or her well-being, including adequate food, clothing
23 and shelter; or who is abandoned by his or her parents or
24 other person responsible for the child's welfare.
25 A child shall not be considered neglected or abused for
26 the sole reason that the child's parent or other person
27 responsible for his or her welfare depends upon spiritual
28 means through prayer alone for the treatment or cure of
29 disease or remedial care as provided under Section 4 of the
30 Abused and Neglected Child Reporting Act.
31 R. "Putative father" means a man who may be a child's
32 father, but who (1) is not married to the child's mother on
33 or before the date that the child was or is to be born and
34 (2) has not established paternity of the child in a court
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1 proceeding before the filing of a petition for the adoption
2 of the child. The term includes a male who is less than 18
3 years of age.
4 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
5 1-24-95; 89-235, eff. 8-4-95.)
6 (Text of Section after amendment by P.A. 89-704)
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
12 where either or both of the adopting parents stands in any of
13 the following relationships to the child by blood or
14 marriage: parent, grand-parent, brother, sister, step-parent,
15 step-grandparent, step-brother, step-sister, uncle, aunt,
16 great-uncle, great-aunt, or cousin of first degree. A child
17 whose parent has executed a final irrevocable consent to
18 adoption or a final irrevocable surrender for purposes of
19 adoption, or whose parent has had his or her parental rights
20 terminated, is not a related child to that person, unless the
21 consent is determined to be void or is void pursuant to
22 subsection O of Section 10.
23 C. "Agency" for the purpose of this Act means a public
24 child welfare agency or a licensed child welfare agency.
25 D. "Unfit person" means any person whom the court shall
26 find to be unfit to have a child, without regard to the
27 likelihood that the child will be placed for adoption. The
28 grounds of unfitness are any one or more of the following:
29 (a) Abandonment of the child.
30 (b) Failure to maintain a reasonable degree of
31 interest, concern or responsibility as to the child's
32 welfare.
33 (c) Desertion of the child for more than 3 months
34 next preceding the commencement of the Adoption
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1 proceeding.
2 (d) Substantial neglect of the child if continuous
3 or repeated.
4 (d-1) Substantial neglect, if continuous or
5 repeated, of any child residing in the household which
6 resulted in the death of that child.
7 (e) Extreme or repeated cruelty to the child.
8 (f) Two or more findings of physical abuse to any
9 children under Section 4-8 of the Juvenile Court Act or
10 Section 2-21 of the Juvenile Court Act of 1987, the most
11 recent of which was determined by the juvenile court
12 hearing the matter to be supported by clear and
13 convincing evidence; a criminal conviction or a finding
14 of not guilty by reason of insanity resulting from the
15 death of any child by physical child abuse; or a finding
16 of physical child abuse resulting from the death of any
17 child under Section 4-8 of the Juvenile Court Act or
18 Section 2-21 of the Juvenile Court Act of 1987.
19 (g) Failure to protect the child from conditions
20 within his environment injurious to the child's welfare.
21 (h) Other neglect of, or misconduct toward the
22 child; provided that in making a finding of unfitness the
23 court hearing the adoption proceeding shall not be bound
24 by any previous finding, order or judgment affecting or
25 determining the rights of the parents toward the child
26 sought to be adopted in any other proceeding except such
27 proceedings terminating parental rights as shall be had
28 under either this Act, the Juvenile Court Act or the
29 Juvenile Court Act of 1987.
30 (i) Depravity.
31 (j) Open and notorious adultery or fornication.
32 (j-1) Conviction of first degree murder in
33 violation of paragraph 1 or 2 of subsection (a) of
34 Section 9-1 of the Criminal Code of 1961 or conviction of
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1 second degree murder in violation of subsection (a) of
2 Section 9-2 of the Criminal Code of 1961 of a parent of
3 the child to be adopted shall create a presumption of
4 unfitness that may be overcome only by clear and
5 convincing evidence.
6 (k) Habitual drunkenness or addiction to drugs,
7 other than those prescribed by a physician, for at least
8 one year immediately prior to the commencement of the
9 unfitness proceeding.
10 (l) Failure to demonstrate a reasonable degree of
11 interest, concern or responsibility as to the welfare of
12 a new born child during the first 30 days after its
13 birth.
14 (m) Failure by a parent to make reasonable efforts
15 to correct the conditions that were the basis for the
16 removal of the child from the parent, or to make
17 reasonable progress toward the return of the child to the
18 parent within 12 months after an adjudication of
19 neglected minor, abused minor or dependent minor under
20 the Juvenile Court Act or the Juvenile Court Act of 1987.
21 (n) Evidence of intent to forego his or her
22 parental rights, whether or not the child is a ward of
23 the court, (1) as manifested by his or her failure for a
24 period of 12 months: (i) to visit the child, (ii) to
25 communicate with the child or agency, although able to do
26 so and not prevented from doing so by an agency or by
27 court order, or (iii) to maintain contact with or plan
28 for the future of the child, although physically able to
29 do so, or (2) as manifested by the father's failure,
30 where he and the mother of the child were unmarried to
31 each other at the time of the child's birth, (i) to
32 commence legal proceedings to establish his paternity
33 under the Illinois Parentage Act of 1984 or the law of
34 the jurisdiction of the child's birth within 30 days of
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1 being informed, pursuant to Section 12a of this Act, that
2 he is the father or the likely father of the child or,
3 after being so informed where the child is not yet born,
4 within 30 days of the child's birth, or (ii) to make a
5 good faith effort to pay a reasonable amount of the
6 expenses related to the birth of the child and to provide
7 a reasonable amount for the financial support of the
8 child, the court to consider in its determination all
9 relevant circumstances, including the financial condition
10 of both parents; provided that the ground for termination
11 provided in this subparagraph (n)(2)(ii) shall only be
12 available where the petition is brought by the mother or
13 the husband of the mother.
14 Contact or communication by a parent with his or her
15 child that does not demonstrate affection and concern
16 does not constitute reasonable contact and planning under
17 subdivision (n). In the absence of evidence to the
18 contrary, the ability to visit, communicate, maintain
19 contact, pay expenses and plan for the future shall be
20 presumed. The subjective intent of the parent, whether
21 expressed or otherwise, unsupported by evidence of the
22 foregoing parental acts manifesting that intent, shall
23 not preclude a determination that the parent has intended
24 to forego his or her parental rights. In making this
25 determination, the court may consider but shall not
26 require a showing of diligent efforts by an authorized
27 agency to encourage the parent to perform the acts
28 specified in subdivision (n).
29 It shall be an affirmative defense to any allegation
30 under paragraph (2) of this subsection that the father's
31 failure was due to circumstances beyond his control or to
32 impediments created by the mother or any other person
33 having legal custody. Proof of that fact need only be by
34 a preponderance of the evidence.
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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
5 responsibilities supported by competent evidence from a
6 psychiatrist, licensed clinical social worker, or
7 clinical psychologist of mental impairment, mental
8 illness or mental retardation as defined in Section 1-116
9 of the Mental Health and Developmental Disabilities Code,
10 or developmental disability as defined in Section 1-106
11 of 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) a finding of physical abuse of the child under
19 Section 4-8 of the Juvenile Court Act or Section 2-21 of
20 the Juvenile Court Act of 1987 and a criminal conviction
21 of aggravated battery of the child.
22 E. "Parent" means the father or mother of a legitimate
23 or illegitimate child. For the purpose of this Act, a person
24 who has executed a final and irrevocable consent to adoption
25 or a final and irrevocable surrender for purposes of
26 adoption, or whose parental rights have been terminated by a
27 court, is not a parent of the child who was the subject of
28 the consent or surrender, unless the consent is void pursuant
29 to subsection O of Section 10.
30 F. A person is available for adoption when the person
31 is:
32 (a) a child who has been surrendered for adoption
33 to an agency and to whose adoption the agency has
34 thereafter consented;
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1 (b) a child to whose adoption a person authorized
2 by law, other than his parents, has consented, or to
3 whose adoption no consent is required pursuant to Section
4 8 of this Act;
5 (c) a child who is in the custody of persons who
6 intend to adopt him through placement made by his
7 parents;
8 (c-1) a child for whom a parent has signed a
9 specific consent pursuant to subsection O of Section 10;
10 or
11 (d) an adult who meets the conditions set forth in
12 Section 3 of this Act.
13 A person who would otherwise be available for adoption
14 shall not be deemed unavailable for adoption solely by reason
15 of his or her death.
16 G. The singular includes the plural and the plural
17 includes the singular and the "male" includes the "female",
18 as the context of this Act may require.
19 H. "Adoption disruption" occurs when an adoptive
20 placement does not prove successful and it becomes necessary
21 for the child to be removed from placement before the
22 adoption is finalized.
23 I. "Foreign placing agency" is an agency or individual
24 operating in a country or territory outside the United States
25 that is authorized by its country to place children for
26 adoption either directly with families in the United States
27 or through United States based international agencies.
28 J. "Immediate relatives" means the biological parents,
29 the parents of the biological parents and siblings of the
30 biological parents;
31 K. "Intercountry adoption" is a process by which a child
32 from a country other than the United States is adopted.
33 L. "Intercountry Adoption Coordinator" is a staff person
34 of the Department of Children and Family Services appointed
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1 by the Director to coordinate the provision of services by
2 the public and private sector to prospective parents of
3 foreign-born children.
4 M. "Interstate Compact on the Placement of Children" is
5 a law enacted by most states for the purpose of establishing
6 uniform procedures for handling the interstate placement of
7 children in foster homes, adoptive homes, or other child care
8 facilities.
9 N. "Non-Compact state" means a state that has not
10 enacted the Interstate Compact on the Placement of Children.
11 O. "Preadoption requirements" are any conditions
12 established by the laws or regulations of the Federal
13 Government or of each state that must be met prior to the
14 placement of a child in an adoptive home.
15 P. "Abused child" means a child whose parent or
16 immediate family member, or any person responsible for the
17 child's welfare, or any individual residing in the same home
18 as the child, or a paramour of the child's parent:
19 (a) inflicts, causes to be inflicted, or allows to
20 be inflicted upon the child physical injury, by other
21 than accidental means, that causes death, disfigurement,
22 impairment of physical or emotional health, or loss or
23 impairment of any bodily function;
24 (b) creates a substantial risk of physical injury
25 to the child by other than accidental means which would
26 be likely to cause death, disfigurement, impairment of
27 physical or emotional health, or loss or impairment of
28 any bodily function;
29 (c) commits or allows to be committed any sex
30 offense against the child, as sex offenses are defined in
31 the Criminal Code of 1961 and extending those definitions
32 of sex offenses to include children under 18 years of
33 age;
34 (d) commits or allows to be committed an act or
-27- LRB9002774NTsbam
1 acts of torture upon the child; or
2 (e) inflicts excessive corporal punishment.
3 Q. "Neglected child" means any child whose parent or
4 other person responsible for the child's welfare withholds
5 or denies nourishment or medically indicated treatment
6 including food or care denied solely on the basis of the
7 present or anticipated mental or physical impairment as
8 determined by a physician acting alone or in consultation
9 with other physicians or otherwise does not provide the
10 proper or necessary support, education as required by law, or
11 medical or other remedial care recognized under State law as
12 necessary for a child's well-being, or other care necessary
13 for his or her well-being, including adequate food, clothing
14 and shelter; or who is abandoned by his or her parents or
15 other person responsible for the child's welfare.
16 A child shall not be considered neglected or abused for
17 the sole reason that the child's parent or other person
18 responsible for his or her welfare depends upon spiritual
19 means through prayer alone for the treatment or cure of
20 disease or remedial care as provided under Section 4 of the
21 Abused and Neglected Child Reporting Act.
22 R. "Putative father" means a man who may be a child's
23 father, but who (1) is not married to the child's mother on
24 or before the date that the child was or is to be born and
25 (2) has not established paternity of the child in a court
26 proceeding before the filing of a petition for the adoption
27 of the child. The term includes a male who is less than 18
28 years of age.
29 (Source: P.A. 88-20; 88-550, eff. 7-3-94; 88-691, eff.
30 1-24-95; 89-235, eff. 8-4-95; 89-704, eff. 1-1-98.)
31 Section 20. "An Act in relation to children, amending
32 named Acts", approved January 28, 1997, Public Act 89-704, is
33 amended by adding Section 99 as follows:
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1 (P.A. 89-704, Sec. 99 new)
2 Sec. 99. Effective date. This Act takes effect on July
3 1, 1997.
4 Section 99. Effective date. This Act takes effect on
5 July 1, 1997.".