State of Illinois
92nd General Assembly
Legislation

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92_SB0216ham001

 










                                           LRB9203754DJgcam07

 1                    AMENDMENT TO SENATE BILL 216

 2        AMENDMENT NO.     .  Amend Senate Bill 216 as follows:

 3    by replacing everything after the enacting  clause  with  the
 4    following:

 5        "Section  1.  Short  title.  This Act may be cited as the
 6    Abandoned Newborn Infant Protection Act.

 7        Section  5.  Public  policy.  Illinois  recognizes   that
 8    newborn  infants have been abandoned to the environment or to
 9    other circumstances that may be unsafe to the newborn infant.
10    These circumstances have caused injury and death  to  newborn
11    infants   and  give  rise  to  potential  civil  or  criminal
12    liability to  parents  who  may  be  under  severe  emotional
13    distress.  This  Act is intended to provide a mechanism for a
14    newborn infant to be relinquished to a safe  environment  and
15    for  the  parents  of  the infant to remain anonymous if they
16    choose and to avoid civil or criminal liability for  the  act
17    of   relinquishing   the   infant.   It  is  recognized  that
18    establishing an adoption plan is preferable to  relinquishing
19    a  child  using  the  procedures outlined in this Act, but to
20    reduce the chance of injury to a  newborn  infant,  this  Act
21    provides a safer alternative.
 
                            -2-            LRB9203754DJgcam07
 1        A  public  information  campaign  on  this delicate issue
 2    shall  be  implemented  to  encourage   parents   considering
 3    abandonment  of  their  newborn child to relinquish the child
 4    under the procedures  outlined  in  this  Act,  to  choose  a
 5    traditional  adoption  plan,  or to parent a child themselves
 6    rather than place the newborn infant in harm's way.

 7        Section 10. Definitions. In this Act:
 8        "Abandon" has the same  meaning  as  in  the  Abused  and
 9    Neglected Child Reporting Act.
10        "Abused  child" has the same meaning as in the Abused and
11    Neglected Child Reporting Act.
12        "Child-placing agency" means a licensed public or private
13    agency that receives a child for the purpose  of  placing  or
14    arranging  for  the placement of the child in a foster family
15    home or other facility for child care, apart from the custody
16    of the child's parents.
17        "Department" or "DCFS" means the Illinois  Department  of
18    Children and Family Services.
19        "Emergency   medical   facility"   means  a  freestanding
20    emergency  center  or  trauma  center,  as  defined  in   the
21    Emergency Medical Services (EMS) Systems Act.
22        "Emergency   medical   professional"   includes  licensed
23    physicians,  and  any  emergency  medical   technician-basic,
24    emergency  medical technician-intermediate, emergency medical
25    technician-paramedic,   trauma    nurse    specialist,    and
26    pre-hospital RN, as defined in the Emergency Medical Services
27    (EMS) Systems Act.
28        "Fire station" means a fire station within the State that
29    is  staffed  with  at  least  one full-time emergency medical
30    professional.
31        "Hospital" has  the  same  meaning  as  in  the  Hospital
32    Licensing Act.
33        "Legal custody" means the relationship created by a court
 
                            -3-            LRB9203754DJgcam07
 1    order  in  the best interest of a newborn infant that imposes
 2    on the infant's  custodian  the  responsibility  of  physical
 3    possession  of  the  infant,  the duty to protect, train, and
 4    discipline the infant, and the duty  to  provide  the  infant
 5    with  food,  shelter,  education, and medical care, except as
 6    these are limited by parental rights and responsibilities.
 7        "Neglected child" has the same meaning as in  the  Abused
 8    and Neglected Child Reporting Act.
 9        "Newborn  infant"  means a child who a licensed physician
10    reasonably believes is 72 hours old or less at the  time  the
11    child  is initially relinquished to a hospital, fire station,
12    or emergency medical facility, and who is not an abused or  a
13    neglected child.
14        "Relinquish"  means  to  bring  a  newborn  infant, who a
15    licensed physician reasonably believes is  72  hours  old  or
16    less,  to  a  hospital,  fire  station,  or emergency medical
17    facility and to  leave  the  infant  with  personnel  of  the
18    facility,  if  the person leaving the infant does not express
19    an intent to return for the infant or states that he  or  she
20    will  not  return for the infant. In the case of a mother who
21    gives birth to an infant in a hospital, the mother's  act  of
22    leaving  that  newborn  infant  at  the  hospital (i) without
23    expressing an intent to return for the infant or (ii) stating
24    that  she  will  not  return  for  the  infant   is   not   a
25    "relinquishment" under this Act.
26        "Temporary   protective   custody"  means  the  temporary
27    placement of a newborn infant  within  a  hospital  or  other
28    medical facility out of the custody of the infant's parent.

29        Section 15. Presumptions.
30        (a)  There  is  a  presumption  that  by  relinquishing a
31    newborn infant in accordance  with  this  Act,  the  infant's
32    parent  consents  to  the  termination of his or her parental
33    rights with respect to the infant.
 
                            -4-            LRB9203754DJgcam07
 1        (b)  There is a presumption that a person relinquishing a
 2    newborn infant in accordance with this Act:
 3             (1)  is the newborn infant's biological parent; and
 4             (2)  either without expressing an intent  to  return
 5        for  the infant or expressing an intent not to return for
 6        the infant, did intend to relinquish the  infant  to  the
 7        hospital,  fire station, or emergency medical facility to
 8        treat, care for, and provide for the infant in accordance
 9        with this Act.
10        (c)  A parent of a relinquished newborn infant may  rebut
11    the  presumption  set  forth  in  either  subsection  (a)  or
12    subsection (b) pursuant to Section 55, at any time before the
13    termination of the parent's parental rights.

14        Section  20.  Procedures  with  respect  to  relinquished
15    newborn infants.
16        (a)  Hospitals.  Every  hospital  must accept and provide
17    all necessary emergency services and care to  a  relinquished
18    newborn  infant,  in  accordance  with this Act. The hospital
19    shall examine a relinquished newborn infant and perform tests
20    that, based on reasonable medical judgment,  are  appropriate
21    in  evaluating  whether  the  relinquished newborn infant was
22    abused or neglected.
23        The act of  relinquishing  a  newborn  infant  serves  as
24    implied  consent  for  the hospital and its medical personnel
25    and physicians on staff to treat and  provide  care  for  the
26    infant.
27        The hospital shall be deemed to have temporary protective
28    custody  of a relinquished newborn infant until the infant is
29    discharged to the custody of a child-placing  agency  or  the
30    Department.
31        (b)  Fire  stations  and  emergency  medical  facilities.
32    Every fire station and emergency medical facility must accept
33    and  provide  all  necessary emergency services and care to a
 
                            -5-            LRB9203754DJgcam07
 1    relinquished newborn infant, in accordance with this Act.
 2        The act of  relinquishing  a  newborn  infant  serves  as
 3    implied  consent  for  the  fire station or emergency medical
 4    facility and its emergency medical professionals to treat and
 5    provide care  for  the  infant,  to  the  extent  that  those
 6    emergency  medical professionals are trained to provide those
 7    services.
 8        After the relinquishment of a newborn infant  to  a  fire
 9    station  or  emergency  medical facility, the fire station or
10    emergency medical facility's personnel must arrange  for  the
11    transportation  of the infant to the nearest hospital as soon
12    as transportation can be arranged.
13        If the parent of a newborn infant returns to reclaim  the
14    child within 72 hours after relinquishing the child to a fire
15    station  or  emergency  medical facility, the fire station or
16    emergency medical facility must inform the parent of the name
17    and  location  of  the  hospital  to  which  the  infant  was
18    transported.

19        Section 25. Immunity for relinquishing person.
20        (a)  The act of  relinquishing  a  newborn  infant  to  a
21    hospital,  fire  station,  or  emergency  medical facility in
22    accordance with this Act does not, by  itself,  constitute  a
23    basis  for a finding of abuse, neglect, or abandonment of the
24    infant pursuant to the laws of this State  nor  does  it,  by
25    itself,  constitute a violation of Section 12-21.5 or 12-21.6
26    of the Criminal Code of 1961.
27        (b)  If there is suspected child abuse or neglect that is
28    not based solely on the newborn infant's relinquishment to  a
29    hospital,  fire  station,  or emergency medical facility, the
30    personnel of the hospital, fire station, or emergency medical
31    facility who are mandated  reporters  under  the  Abused  and
32    Neglected  Child  Reporting  Act  must  report  the  abuse or
33    neglect pursuant to that Act.
 
                            -6-            LRB9203754DJgcam07
 1        (c)  Neither  a  child  protective  investigation  nor  a
 2    criminal investigation may  be  initiated  solely  because  a
 3    newborn infant is relinquished pursuant to this Act.

 4        Section  27.  Immunity  of  facility  and  personnel.   A
 5    hospital, fire station, or emergency  medical  facility,  and
 6    any  personnel  of  a  hospital,  fire  station, or emergency
 7    medical facility, are immune from criminal or civil liability
 8    for acting in good faith in accordance with this Act. Nothing
 9    in this Act limits liability  for  negligence  for  care  and
10    medical treatment.

11        Section  30.  Anonymity of relinquishing person. If there
12    is no evidence of abuse or neglect of a relinquished  newborn
13    infant,  the  relinquishing  person  has  the right to remain
14    anonymous  and  to  leave  the  hospital,  fire  station,  or
15    emergency medical facility at any time and not be pursued  or
16    followed.    Before   the  relinquishing  person  leaves  the
17    hospital, fire station, or emergency  medical  facility,  the
18    hospital,   fire   station,  or  emergency  medical  facility
19    personnel shall i) verbally inform the  relinquishing  person
20    that  by  relinquishing the child anonymously, he or she will
21    have to petition the court if he or she  desires  to  prevent
22    the  termination of parental rights and regain custody of the
23    child and  ii)  shall  offer  the  relinquishing  person  the
24    information  packet  described  in  Section  35  of this Act.
25    However, nothing in this Act shall be construed as precluding
26    the relinquishing person from providing his or  her  identity
27    or completing the application forms for the Illinois Adoption
28    Registry and Medical Information Exchange and requesting that
29    the  hospital,  fire  station,  or emergency medical facility
30    forward those forms to the  Illinois  Adoption  Registry  and
31    Medical information Exchange.
 
                            -7-            LRB9203754DJgcam07
 1        Section  35.  Information  for  relinquishing  person.  A
 2    hospital, fire station, or emergency  medical  facility  that
 3    receives  a  newborn  infant  relinquished in accordance with
 4    this  Act  must  offer   an   information   packet   to   the
 5    relinquishing  person  and,  if possible, must clearly inform
 6    the relinquishing person that his or her  acceptance  of  the
 7    information  is  completely voluntary, that registration with
 8    the  Illinois  Adoption  Registry  and  Medical   Information
 9    Exchange  is voluntary, that the person will remain anonymous
10    if he or she completes a Denial of Information Exchange,  and
11    that the person has the option to provide medical information
12    only and still remain anonymous.  The information packet must
13    include all of the following:
14             (1)  All  Illinois  Adoption  Registry  and  Medical
15        Information  Exchange  application  forms,  including the
16        Medical Information Exchange Questionnaire  and  the  web
17        site address and toll free phone number of the Registry.
18             (2)  Written notice of the following:
19                  (A)  No  sooner than 60 days following the date
20             of the initial relinquishment of  the  infant  to  a
21             hospital,   fire   station,   or  emergency  medical
22             facility, the child-placing agency or the Department
23             will commence proceedings  for  the  termination  of
24             parental  rights  and  placement  of  the infant for
25             adoption.
26                  (B)  Failure of  a  parent  of  the  infant  to
27             contact  the  Department and petition for the return
28             of custody  of  the  infant  before  termination  of
29             parental  rights  bars  any  future action asserting
30             legal rights with respect to the infant.
31             (3)  A resource  list  of  providers  of  counseling
32        services    including    grief    counseling,   pregnancy
33        counseling, and counseling regarding adoption  and  other
34        available options for placement of the infant.
 
                            -8-            LRB9203754DJgcam07
 1        Upon  request,  the  Department  of  Public  Health shall
 2    provide the  application  forms  for  the  Illinois  Adoption
 3    Registry  and Medical Information Exchange to hospitals, fire
 4    stations, and emergency medical facilities.

 5        Section 40. Reporting requirements.
 6        (a)  Within 12 hours after  accepting  a  newborn  infant
 7    from  a  relinquishing  person  or  from  a  fire  station or
 8    emergency medical facility in accordance  with  this  Act,  a
 9    hospital  must  report  to  the  Department's  State  Central
10    Registry  for the purpose of transferring physical custody of
11    the infant from the hospital to either a child-placing agency
12    or the Department.
13        (b)  Within 24  hours  after  receiving  a  report  under
14    subsection  (a),  the Department must request assistance from
15    law enforcement officials to investigate the matter using the
16    National  Crime  Information  Center  to  ensure   that   the
17    relinquished newborn infant is not a missing child.
18        (c)  Once  a hospital has made a report to the Department
19    under subsection (a),  the  Department  must  arrange  for  a
20    licensed  child-placing  agency to accept physical custody of
21    the relinquished newborn infant.
22        (d)  If a relinquished child is not a newborn  infant  as
23    defined  in  this  Act,  the hospital and the Department must
24    proceed as if the child is an abused or neglected child.

25        Section  45.  Medical  assistance.   Notwithstanding  any
26    other provision of law,  a  newborn  infant  relinquished  in
27    accordance with this Act shall be deemed eligible for medical
28    assistance under the Illinois Public Aid Code, and a hospital
29    providing  medical  services  to  such  an  infant  shall  be
30    reimbursed  for those services in accordance with the payment
31    methodologies authorized under that Code.  In  addition,  for
32    any  day  that  a  hospital  has  custody of a newborn infant
 
                            -9-            LRB9203754DJgcam07
 1    relinquished in accordance with this Act and the infant  does
 2    not  require  medically necessary care, the hospital shall be
 3    reimbursed by the Illinois Department of Public  Aid  at  the
 4    general  acute care per diem rate, in accordance with 89 Ill.
 5    Adm. Code 148.270(c).

 6        Section 50. Child-placing agency procedures.
 7        (a)  The  Department's  State   Central   Registry   must
 8    maintain a list of licensed child-placing agencies willing to
 9    take   legal  custody  of  newborn  infants  relinquished  in
10    accordance with this Act. The child-placing agencies  on  the
11    list  must be contacted by the Department on a rotating basis
12    upon notice from a hospital that a newborn  infant  has  been
13    relinquished in accordance with this Act.
14        (b)  Upon  notice  from  the  Department  that  a newborn
15    infant has been relinquished in accordance with this  Act,  a
16    child-placing  agency  must  accept the newborn infant if the
17    agency has the accommodations to do  so.   The  child-placing
18    agency  must  seek  an  order for legal custody of the infant
19    upon its acceptance of the infant.
20        (c)  Within  3  business  days  after  assuming  physical
21    custody of the infant, the child-placing agency shall file  a
22    petition  in  the  division  of  the  circuit  court in which
23    petitions for adoption would normally be heard.  The petition
24    shall allege that the newborn infant has been relinquished in
25    accordance  with  this  Act  and   shall   state   that   the
26    child-placing  agency  intends  to  place  the  infant  in an
27    adoptive home.
28        (d)  If no  licensed  child-placing  agency  is  able  to
29    accept  the  relinquished newborn infant, then the Department
30    must  assume  responsibility  for  the  infant  as  soon   as
31    practicable.
32        (e)  A  custody  order  issued under subsection (b) shall
33    remain in effect until a final adoption order  based  on  the
 
                            -10-           LRB9203754DJgcam07
 1    relinquished  newborn  infant's  best  interests is issued in
 2    accordance with this Act and the Adoption Act.
 3        (f)  When possible, the child-placing agency must place a
 4    relinquished newborn infant in a prospective adoptive home.
 5        (g)  The Department or child-placing agency must initiate
 6    proceedings to (i)  terminate  the  parental  rights  of  the
 7    relinquished  newborn infant's known or unknown parents, (ii)
 8    appoint a guardian for the infant, and (iii)  obtain  consent
 9    to  the  infant's  adoption  in  accordance  with this Act no
10    sooner than  60  days  following  the  date  of  the  initial
11    relinquishment  of  the infant to the hospital, fire station,
12    or emergency medical facility.
13        (h)  Before filing a petition for termination of parental
14    rights, the Department or child-placing agency  must  do  the
15    following:
16             (1)  Search  its  Putative  Father  Registry for the
17        purpose of determining the identity and location  of  the
18        putative  father  of  the relinquished newborn infant who
19        is, or is expected to be,  the  subject  of  an  adoption
20        proceeding,  in order to provide notice of the proceeding
21        to the putative  father.  At  least  one  search  of  the
22        Registry  must  be  conducted, at least 30 days after the
23        relinquished newborn infant's estimated  date  of  birth;
24        earlier searches may be conducted, however. Notice to any
25        potential  putative  father discovered in a search of the
26        Registry  according  to  the   estimated   age   of   the
27        relinquished  newborn  infant  must be in accordance with
28        Section 12a of the Adoption Act.
29             (2)  Verify with law  enforcement  officials,  using
30        the   National   Crime   Information   Center,  that  the
31        relinquished newborn infant is not a missing child.

32        Section 55. Petition for return of custody.
33        (a)  A  parent  of  a  newborn  infant  relinquished   in
 
                            -11-           LRB9203754DJgcam07
 1    accordance  with  this  Act  may  petition  for the return of
 2    custody of the infant  before  the  termination  of  parental
 3    rights with respect to the infant.
 4        (b)  A   parent  of  a  newborn  infant  relinquished  in
 5    accordance with this Act  may  petition  for  the  return  of
 6    custody  of  the  infant by contacting the Department for the
 7    purpose of obtaining the name of the child-placing agency and
 8    then filing a petition for return of custody in  the  circuit
 9    court in which the proceeding for the termination of parental
10    rights is pending.
11        (c)  If a petition for the termination of parental rights
12    has  not  been  filed  by the Department or the child-placing
13    agency, the parent of the relinquished  newborn  infant  must
14    contact  the  Department, which must notify the parent of the
15    appropriate court in which the petition for return of custody
16    must be filed.
17        (d)  The circuit court may hold the  proceeding  for  the
18    termination  of  parental rights in abeyance for a period not
19    to exceed 60 days from the date that the petition for  return
20    of custody was filed without a showing of good cause.  During
21    that period:
22             (1)  The   court  shall  order  genetic  testing  to
23        establish maternity or paternity, or both.
24             (2)  The Department shall conduct a child protective
25        investigation and home study to  develop  recommendations
26        to the court.
27             (3)  When  indicated as a result of the Department's
28        investigation and home study, further  proceedings  under
29        the  Juvenile  Court  Act of 1987 as the court determines
30        appropriate, may be conducted.   However,  relinquishment
31        of  a newborn infant in accordance with this Act does not
32        render the infant abused, neglected, or abandoned  solely
33        because   the   newborn  infant  was  relinquished  to  a
34        hospital, fire station, or emergency medical facility  in
 
                            -12-           LRB9203754DJgcam07
 1        accordance with this Act.
 2        (e)  Failure to file a petition for the return of custody
 3    of  a  relinquished  newborn infant before the termination of
 4    parental rights bars any future action asserting legal rights
 5    with respect  to  the  infant  unless  the  parent's  act  of
 6    relinquishment that led to the termination of parental rights
 7    involved  fraud  perpetrated against and not stemming from or
 8    involving the parent.   No  action  to  void  or  revoke  the
 9    termination  of  parental  rights  of  a  parent of a newborn
10    infant relinquished in accordance with this Act, including an
11    action based on fraud, may be commenced after 12 months after
12    the date that the newborn infant was  initially  relinquished
13    to a hospital, fire station, or emergency medical facility.

14        Section  60.  Department's  duties.  The  Department must
15    implement  a  public  information  program  to  promote  safe
16    placement  alternatives  for  newborn  infants.  The   public
17    information program must inform the public of the following:
18             (1)  The  relinquishment alternative provided for in
19        this Act, which results in  the  adoption  of  a  newborn
20        infant  under  72 hours of age and which provides for the
21        parent's anonymity, if the parent so chooses.
22             (2)  The alternative of adoption through a public or
23        private agency, in which the parent's identity may or may
24        not be known to the agency, but is  kept  anonymous  from
25        the adoptive parents, if the birth parent so desires, and
26        which  allows  the  parent to be actively involved in the
27        child's adoption plan.
28        The public information program may include, but need  not
29    be limited to, the following elements:
30             (i)   Educational  and  informational  materials  in
31        print, audio, video, electronic or other media.
32             (ii) Establishment of a web site.
33             (iii)    Public    service     announcements     and
 
                            -13-           LRB9203754DJgcam07
 1        advertisements.
 2             (iv)  Establishment  of toll-free telephone hotlines
 3        to provide information.

 4        Section 65.  Evaluation.
 5        (a)  The Department shall collect and analyze information
 6    regarding the relinquishment of newborn infants and placement
 7    of children under this Act.  Fire stations, emergency medical
 8    facilities, and medical professionals accepting and providing
 9    services to a newborn infant under this Act shall  report  to
10    the  Department data necessary for the Department to evaluate
11    and determine the effect of this Act in  the   prevention  of
12    injury  or  death of newborn infants.  Child-placing agencies
13    shall report to the Department data necessary to evaluate and
14    determine the effectiveness of these  agencies  in  providing
15    child  protective  and  child  welfare  services  to  newborn
16    infants relinquished under this Act.
17        (b)  The  information  collected  shall include, but need
18    not  be  limited  to:   the   number   of   newborn   infants
19    relinquished;  the  services provided to relinquished newborn
20    infants; the outcome of care  for  the  relinquished  newborn
21    infants;  the number and disposition of cases of relinquished
22    newborn infants subject to placement; the number of  children
23    accepted  and  served  by  child-placing  agencies;  and  the
24    services   provided   by   child-placing   agencies  and  the
25    disposition of the cases of the children  placed  under  this
26    Act.
27        (c)  The  Department  shall submit a report by January 1,
28    2002, and on January  1  of  each  year  thereafter,  to  the
29    Governor  and  General  Assembly  regarding the prevention of
30    injury  or  death  of  newborn  infants  and  the  effect  of
31    placements of children under  this  Act.   The  report  shall
32    include,  but  need not be limited to, a summary of collected
33    data, an analysis of the data and conclusions  regarding  the
 
                            -14-           LRB9203754DJgcam07
 1    Act's  effectiveness, a determination whether the purposes of
 2    the Act are being achieved, and recommendations  for  changes
 3    that   may   be   considered   necessary   to   improve   the
 4    administration and enforcement of this Act.

 5        Section  70.  Construction  of  Act.  Nothing in this Act
 6    shall be construed to preclude the courts of this State  from
 7    exercising  their discretion to protect the health and safety
 8    of children in  individual  cases.  The  best  interests  and
 9    welfare  of a child shall be a paramount consideration in the
10    construction and interpretation of this Act.  It  is  in  the
11    child's  best  interests  that  this  Act  be  construed  and
12    interpreted  so  as  not  to  result in extending time limits
13    beyond those set forth in this Act.


14        Section 75. Repeal. This Act is repealed on July 1, 2007.

15        Section 90.  The Illinois Public Aid Code is  amended  by
16    changing Section 4-1.2 as follows:

17        (305 ILCS 5/4-1.2) (from Ch. 23, par. 4-1.2)
18        Sec.  4-1.2.  Living Arrangements - Parents - Relatives -
19    Foster Care.
20        (a)  The child or children must (1) be living with his or
21    their  father,  mother,  grandfather,  grandmother,  brother,
22    sister,  stepfather,  stepmother,  stepbrother,   stepsister,
23    uncle  or  aunt,  or  other relative approved by the Illinois
24    Department, in a place of residence maintained by one or more
25    of such relatives as his or their own home, or (2) have  been
26    (a)  removed  from the home of the parents or other relatives
27    by judicial  order  under  the  Juvenile  Court  Act  or  the
28    Juvenile  Court Act of 1987, as amended, (b) placed under the
29    guardianship  of  the  Department  of  Children  and   Family
 
                            -15-           LRB9203754DJgcam07
 1    Services, and (c) under such guardianship, placed in a foster
 2    family  home,  group  home or child care institution licensed
 3    pursuant to the "Child Care Act of 1969",  approved  May  15,
 4    1969,  as  amended, or approved by that Department as meeting
 5    standards established for licensing under that  Act,  or  (3)
 6    have  been  relinquished  in  accordance  with  the Abandoned
 7    Newborn Infant Protection Act. A child so  placed  in  foster
 8    care  who  was not receiving aid under this Article in or for
 9    the month in which the  court  proceedings  leading  to  that
10    placement  were initiated may qualify only if he lived in the
11    home of his parents  or  other  relatives  at  the  time  the
12    proceedings  were  initiated, or within 6 months prior to the
13    month of initiation, and would have received aid in  and  for
14    that month if application had been made therefor.
15        (b)  The  Illinois  Department  may,  by  rule, establish
16    those persons who are living together who must be included in
17    the same assistance unit in order to receive cash  assistance
18    under this Article and the income and assets of those persons
19    in an assistance unit which must be considered in determining
20    eligibility.
21        (c)  The  conditions  of  qualification  herein specified
22    shall not prejudice aid granted under this  Code  for  foster
23    care prior to the effective date of this 1969 Amendatory Act.
24    (Source: P.A. 90-17, eff. 7-1-97.)

25        Section 92.  The Abused and Neglected Child Reporting Act
26    is amended by changing Section 3 as follows:

27        (325 ILCS 5/3) (from Ch. 23, par. 2053)
28        Sec. 3.  As used in this Act unless the context otherwise
29    requires:
30        "Child"  means  any  person  under  the  age of 18 years,
31    unless legally emancipated by reason  of  marriage  or  entry
32    into a branch of the United States armed services.
 
                            -16-           LRB9203754DJgcam07
 1        "Department"  means  Department  of  Children  and Family
 2    Services.
 3        "Local law enforcement agency"  means  the  police  of  a
 4    city, town, village or other incorporated area or the sheriff
 5    of  an  unincorporated  area  or  any  sworn  officer  of the
 6    Illinois Department of State Police.
 7        "Abused child" means a child whose  parent  or  immediate
 8    family  member,  or  any  person  responsible for the child's
 9    welfare,  or any individual residing in the same home as  the
10    child, or a paramour of the child's parent:
11             a.  inflicts,  causes  to be inflicted, or allows to
12        be inflicted upon such child physical  injury,  by  other
13        than accidental means, which causes death, disfigurement,
14        impairment  of  physical  or emotional health, or loss or
15        impairment of any bodily function;
16             b.  creates a substantial risk of physical injury to
17        such child by other than accidental means which would  be
18        likely  to  cause  death,  disfigurement,  impairment  of
19        physical  or  emotional  health, or loss or impairment of
20        any bodily function;
21             c.  commits  or  allows  to  be  committed  any  sex
22        offense against such child,  as  such  sex  offenses  are
23        defined  in  the  Criminal  Code of 1961, as amended, and
24        extending those definitions of sex  offenses  to  include
25        children under 18 years of age;
26             d.  commits or allows to be committed an act or acts
27        of torture upon such child;
28             e.  inflicts excessive corporal punishment;
29             f.  commits or allows to be committed the offense of
30        female genital mutilation, as defined in Section 12-34 of
31        the Criminal Code of 1961, against the child; or
32             g.  causes  to be sold, transferred, distributed, or
33        given to such child under 18 years of age,  a  controlled
34        substance  as  defined  in  Section  102  of the Illinois
 
                            -17-           LRB9203754DJgcam07
 1        Controlled  Substances Act in violation of Article IV  of
 2        the   Illinois  Controlled  Substances  Act,  except  for
 3        controlled substances that are prescribed  in  accordance
 4        with  Article  III  of the Illinois Controlled Substances
 5        Act and are dispensed to such  child  in  a  manner  that
 6        substantially complies with the prescription.
 7        A  child  shall  not  be  considered  abused for the sole
 8    reason that the child has  been  relinquished  in  accordance
 9    with the Abandoned Newborn Infant Protection Act.
10        "Neglected  child"  means  any child who is not receiving
11    the proper or necessary nourishment  or  medically  indicated
12    treatment  including  food or care not provided solely on the
13    basis of  the  present  or  anticipated  mental  or  physical
14    impairment  as  determined  by a physician acting alone or in
15    consultation  with  other  physicians  or  otherwise  is  not
16    receiving the proper or necessary support or medical or other
17    remedial care recognized under State law as necessary  for  a
18    child's  well-being,  or  other care necessary for his or her
19    well-being, including adequate food, clothing and shelter; or
20    who is abandoned by  his  or  her  parents  or  other  person
21    responsible  for the child's welfare without a proper plan of
22    care; or who is a  newborn  infant  whose  blood,  urine,  or
23    meconium  contains  any  amount  of a controlled substance as
24    defined in subsection (f) of  Section  102  of  the  Illinois
25    Controlled  Substances  Act or a metabolite thereof, with the
26    exception of a controlled  substance  or  metabolite  thereof
27    whose presence in the newborn infant is the result of medical
28    treatment administered to the mother or the newborn infant. A
29    child  shall  not be considered neglected for the sole reason
30    that the child's parent or other person responsible  for  his
31    or  her  welfare  has  left the child in the care of an adult
32    relative for any  period  of  time.  A  child  shall  not  be
33    considered  neglected  for the sole reason that the child has
34    been relinquished in accordance with  the  Abandoned  Newborn
 
                            -18-           LRB9203754DJgcam07
 1    Infant  Protection  Act.   A  child  shall  not be considered
 2    neglected or abused for the sole  reason  that  such  child's
 3    parent  or  other  person  responsible for his or her welfare
 4    depends upon spiritual means through  prayer  alone  for  the
 5    treatment  or  cure  of  disease or remedial care as provided
 6    under Section 4 of this Act.  A child shall not be considered
 7    neglected or abused solely because the child is not attending
 8    school in accordance with the requirements of Article  26  of
 9    The School Code, as amended.
10        "Child Protective Service Unit" means certain specialized
11    State employees of the Department assigned by the Director to
12    perform  the  duties  and  responsibilities as provided under
13    Section 7.2 of this Act.
14        "Person responsible for the child's  welfare"  means  the
15    child's  parent; guardian; foster parent; relative caregiver;
16    any person responsible for the child's welfare in a public or
17    private  residential  agency  or  institution;   any   person
18    responsible  for  the  child's  welfare  within  a  public or
19    private profit or not for profit child care facility; or  any
20    other  person responsible for the child's welfare at the time
21    of the alleged abuse or neglect, or any person  who  came  to
22    know  the  child  through an official capacity or position of
23    trust,   including   but   not   limited   to   health   care
24    professionals,    educational     personnel,     recreational
25    supervisors,  and  volunteers  or  support  personnel  in any
26    setting where children may be subject to abuse or neglect.
27        "Temporary protective custody"  means  custody  within  a
28    hospital  or  other  medical  facility  or a place previously
29    designated for such custody by  the  Department,  subject  to
30    review  by the Court, including a licensed foster home, group
31    home, or other institution; but such place  shall  not  be  a
32    jail or other place for the detention of criminal or juvenile
33    offenders.
34        "An  unfounded  report"  means any report made under this
 
                            -19-           LRB9203754DJgcam07
 1    Act for which it is determined after an investigation that no
 2    credible evidence of abuse or neglect exists.
 3        "An indicated report" means a report made under this  Act
 4    if  an investigation determines that credible evidence of the
 5    alleged abuse or neglect exists.
 6        "An undetermined report" means any report made under this
 7    Act in which it was not possible to initiate or  complete  an
 8    investigation  on  the  basis  of information provided to the
 9    Department.
10        "Subject of report"  means  any  child  reported  to  the
11    central register of child abuse and neglect established under
12    Section  7.7  of  this Act and his or her parent, guardian or
13    other person responsible who is also named in the report.
14        "Perpetrator"  means  a  person  who,  as  a  result   of
15    investigation,  has been determined by the Department to have
16    caused child abuse or neglect.
17    (Source: P.A. 90-239, eff.  7-28-97;  90-684,  eff.  7-31-98;
18    91-802, eff. 1-1-01.)

19        Section 95.  The Juvenile Court Act of 1987 is amended by
20    changing Section 2-3 as follows:

21        (705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
22        Sec. 2-3.  Neglected or abused minor.
23        (1)  Those who are neglected include:
24             (a)  any  minor  under  18  years  of age who is not
25        receiving the proper or necessary support,  education  as
26        required  by  law,  or  medical  or  other  remedial care
27        recognized under State law as  necessary  for  a  minor's
28        well-being,  or  other  care  necessary  for  his  or her
29        well-being,  including  adequate   food,   clothing   and
30        shelter,  or  who  is  abandoned by his or her parents or
31        other person responsible for the minor's welfare,  except
32        that  a  minor  shall not be considered neglected for the
 
                            -20-           LRB9203754DJgcam07
 1        sole reason that  the  minor's  parent  or  other  person
 2        responsible for the minor's welfare has left the minor in
 3        the care of an adult relative for any period of time; or
 4             (b)  any   minor   under   18  years  of  age  whose
 5        environment is injurious to his or her welfare; or
 6             (c)  any  newborn  infant  whose  blood,  urine,  or
 7        meconium contains any amount of a controlled substance as
 8        defined in subsection (f) of Section 102 of the  Illinois
 9        Controlled  Substances  Act, as now or hereafter amended,
10        or a metabolite  of  a  controlled  substance,  with  the
11        exception of controlled substances or metabolites of such
12        substances,  the  presence of which in the newborn infant
13        is the result of medical treatment  administered  to  the
14        mother or the newborn infant; or
15             (d)  any  minor  under  the  age  of  14 years whose
16        parent  or  other  person  responsible  for  the  minor's
17        welfare leaves  the  minor  without  supervision  for  an
18        unreasonable period of time without regard for the mental
19        or physical health, safety, or welfare of that minor.
20        Whether  the minor was left without regard for the mental
21    or physical health, safety, or welfare of that minor  or  the
22    period  of  time  was  unreasonable  shall  be  determined by
23    considering the following factors, including but not  limited
24    to:
25             (1)  the age of the minor;
26             (2)  the number of minors left at the location;
27             (3)  special  needs  of the minor, including whether
28        the minor  is  physically  or  mentally  handicapped,  or
29        otherwise in need of ongoing prescribed medical treatment
30        such as periodic doses of insulin or other medications;
31             (4)  the  duration  of  time  in which the minor was
32        left without supervision;
33             (5)  the condition and location of the  place  where
34        the minor was left without supervision;
 
                            -21-           LRB9203754DJgcam07
 1             (6)  the  time  of  day  or night when the minor was
 2        left without supervision;
 3             (7)  the weather conditions, including  whether  the
 4        minor  was  left  in  a location with adequate protection
 5        from the natural elements such as adequate heat or light;
 6             (8)  the location of the parent or guardian  at  the
 7        time the minor was left without supervision, the physical
 8        distance the minor was from the parent or guardian at the
 9        time the minor was without supervision;
10             (9)  whether the minor's movement was restricted, or
11        the  minor  was  otherwise  locked within a room or other
12        structure;
13             (10)  whether the minor was given a phone number  of
14        a person or location to call in the event of an emergency
15        and  whether the minor was capable of making an emergency
16        call;
17             (11)  whether there was  food  and  other  provision
18        left for the minor;
19             (12)  whether  any of the conduct is attributable to
20        economic hardship or illness and the parent, guardian  or
21        other  person  having  physical custody or control of the
22        child made a good faith effort to provide for the  health
23        and safety of the minor;
24             (13)  the  age  and physical and mental capabilities
25        of the person or persons who provided supervision for the
26        minor;
27             (14)  whether  the  minor   was   left   under   the
28        supervision of another person;
29             (15)  any  other  factor  that  would  endanger  the
30        health and safety of that particular minor.
31        A  minor  shall  not be considered neglected for the sole
32    reason that the minor has  been  relinquished  in  accordance
33    with the Abandoned Newborn Infant Protection Act.
34        (2)  Those  who  are  abused  include  any minor under 18
 
                            -22-           LRB9203754DJgcam07
 1    years of age whose parent or immediate family member, or  any
 2    person responsible for the minor's welfare, or any person who
 3    is  in  the  same  family  or  household as the minor, or any
 4    individual residing in the same  home  as  the  minor,  or  a
 5    paramour of the minor's parent:
 6             (i)  inflicts,  causes to be inflicted, or allows to
 7        be inflicted upon such minor physical  injury,  by  other
 8        than accidental means, which causes death, disfigurement,
 9        impairment  of  physical  or emotional health, or loss or
10        impairment of any bodily function;
11             (ii)  creates a substantial risk of physical  injury
12        to  such minor by other than accidental means which would
13        be likely to cause death,  disfigurement,  impairment  of
14        emotional  health,  or  loss  or impairment of any bodily
15        function;
16             (iii)  commits or allows to  be  committed  any  sex
17        offense  against  such  minor,  as  such sex offenses are
18        defined in the Criminal Code of  1961,  as  amended,  and
19        extending  those  definitions  of sex offenses to include
20        minors under 18 years of age;
21             (iv)  commits or allows to be committed  an  act  or
22        acts of torture upon such minor; or
23             (v)  inflicts excessive corporal punishment.
24        A  minor  shall  not  be  considered  abused for the sole
25    reason that the minor has  been  relinquished  in  accordance
26    with the Abandoned Newborn Infant Protection Act.
27        (3)  This  Section does not apply to a minor who would be
28    included herein solely for  the  purpose  of  qualifying  for
29    financial  assistance  for  himself, his parents, guardian or
30    custodian.
31    (Source: P.A. 89-21, eff. 7-1-95; 90-239, eff. 7-28-97.)

32        Section 96.  The Criminal Code  of  1961  is  amended  by
33    changing Sections 12-21.5 and 12-21.6 as follows:
 
                            -23-           LRB9203754DJgcam07
 1        (720 ILCS 5/12-21.5)
 2        Sec. 12-21.5. Child Abandonment.
 3        (a)  A  person  commits  the offense of child abandonment
 4    when he or she, as a parent, guardian, or other person having
 5    physical custody or control of a child,  without  regard  for
 6    the  mental  or  physical  health, safety, or welfare of that
 7    child, knowingly leaves that child who is under the age of 13
 8    without supervision by a responsible person over the  age  of
 9    14  for  a  period  of 24 hours or more, except that a person
10    does not commit the offense of child abandonment when  he  or
11    she  relinquishes  a  child  in accordance with the Abandoned
12    Newborn Infant Protection Act.
13        (b)  For the purposes of determining  whether  the  child
14    was  left  without  regard for the mental or physical health,
15    safety, or welfare of that child, the  trier  of  fact  shall
16    consider the following factors:
17             (1)  the age of the child;
18             (2)  the number of children left at the location;
19             (3)  special  needs  of the child, including whether
20        the child  is  physically  or  mentally  handicapped,  or
21        otherwise in need of ongoing prescribed medical treatment
22        such as periodic doses of insulin or other medications;
23             (4)  the  duration  of  time  in which the child was
24        left without supervision;
25             (5)  the condition and location of the  place  where
26        the child was left without supervision;
27             (6)  the  time  of  day  or night when the child was
28        left without supervision;
29             (7)  the weather conditions, including  whether  the
30        child  was  left  in  a location with adequate protection
31        from the natural elements such as adequate heat or light;
32             (8)  the location of the parent, guardian, or  other
33        person having physical custody or control of the child at
34        the  time  the  child  was  left without supervision, the
 
                            -24-           LRB9203754DJgcam07
 1        physical  distance  the  child  was  from   the   parent,
 2        guardian,  or  other  person  having  physical custody or
 3        control of the child at the time the  child  was  without
 4        supervision;
 5             (9)  whether the child's movement was restricted, or
 6        the  child  was  otherwise  locked within a room or other
 7        structure;
 8             (10)  whether the child was given a phone number  of
 9        a person or location to call in the event of an emergency
10        and  whether the child was capable of making an emergency
11        call;
12             (11)  whether there was  food  and  other  provision
13        left for the child;
14             (12)  whether  any of the conduct is attributable to
15        economic hardship or illness and the parent, guardian  or
16        other  person  having  physical custody or control of the
17        child made a good faith effort to provide for the  health
18        and safety of the child;
19             (13)  the  age  and physical and mental capabilities
20        of the person or persons who provided supervision for the
21        child;
22             (14)  any  other  factor  that  would  endanger  the
23        health or safety of that particular child;
24             (15)  whether  the  child   was   left   under   the
25        supervision of another person.
26        (d)  Child  abandonment is a Class 4 felony.  A second or
27    subsequent offense after a prior  conviction  is  a  Class  3
28    felony.
29    (Source: P.A. 88-479.)

30        (720 ILCS 5/12-21.6)
31        Sec. 12-21.6.  Endangering the life or health of a child.
32        (a)  It  is unlawful for any person to willfully cause or
33    permit the life or health of a child under the age of  18  to
 
                            -25-           LRB9203754DJgcam07
 1    be  endangered  or to willfully cause or permit a child to be
 2    placed in circumstances that endanger  the  child's  life  or
 3    health,  except  that  it  is  not  unlawful  for a person to
 4    relinquish a child in accordance with the  Abandoned  Newborn
 5    Infant Protection Act.
 6        (b)  A   violation   of   this   Section  is  a  Class  A
 7    misdemeanor.   A  second  or  subsequent  violation  of  this
 8    Section is a Class 3 felony.  A  violation  of  this  Section
 9    that  is  a  proximate  cause  of the death of the child is a
10    Class 3 felony for which a person, if sentenced to a term  of
11    imprisonment, shall be sentenced to a term of not less than 2
12    years and not more than 10 years.
13    (Source: P.A. 90-687, eff. 7-31-98.)

14        Section  96.5.  The  Neglected  Children  Offense  Act is
15    amended by changing Section 2 as follows:

16        (720 ILCS 130/2) (from Ch. 23, par. 2361)
17        Sec. 2. Any parent, legal guardian or person  having  the
18    custody  of  a child under the age of 18 years, who knowingly
19    or wilfully causes, aids or encourages such person to  be  or
20    to  become  a  dependent  and  neglected  child as defined in
21    section 1, who knowingly or wilfully does acts which directly
22    tend to render any such child so dependent and neglected,  or
23    who  knowingly  or  wilfully  fails  to  do  that  which will
24    directly tend to prevent such state of dependency and neglect
25    is guilty of the Class A misdemeanor of contributing  to  the
26    dependency  and neglect of children, except that a person who
27    relinquishes a child in accordance with the Abandoned Newborn
28    Infant Protection Act is  not  guilty  of  that  misdemeanor.
29    Instead of imposing the punishment hereinbefore provided, the
30    court may release the defendant from custody on probation for
31    one  year  upon his or her entering into recognizance with or
32    without  surety  in  such  sum  as  the  court  directs.  The
 
                            -26-           LRB9203754DJgcam07
 1    conditions of the recognizance shall  be  such  that  if  the
 2    defendant  appears personally in court whenever ordered to do
 3    so within the year and provides and cares for such  neglected
 4    and   dependent   child  in  such  manner  as  to  prevent  a
 5    continuance or repetition of such  state  of  dependency  and
 6    neglect or as otherwise may be directed by the court then the
 7    recognizance  shall  be  void,  otherwise it shall be of full
 8    force and effect. If the court is  satisfied  by  information
 9    and due proof under oath that at any time during the year the
10    defendant  has  violated  the  terms  of  such  order  it may
11    forthwith revoke the order and sentence him or her under  the
12    original conviction. Unless so sentenced, the defendant shall
13    at  the  end of the year be discharged. In case of forfeiture
14    on the recognizance the sum  recovered  thereon  may  in  the
15    discretion  of  the  court  be  paid  in  whole or in part to
16    someone designated by the  court  for  the  support  of  such
17    dependent and neglected child.
18    (Source: P.A. 77-2350.)

19        Section  97.   The  Adoption  Act  is amended by changing
20    Section 1 as follows:

21        (750 ILCS 50/1) (from Ch. 40, par. 1501)
22        Sec. 1.  Definitions.  When used in this Act, unless  the
23    context otherwise requires:
24        A.  "Child"  means  a  person  under legal age subject to
25    adoption under this Act.
26        B.  "Related child" means a  child  subject  to  adoption
27    where either or both of the adopting parents stands in any of
28    the   following  relationships  to  the  child  by  blood  or
29    marriage: parent, grand-parent, brother, sister, step-parent,
30    step-grandparent,  step-brother,  step-sister,  uncle,  aunt,
31    great-uncle, great-aunt, or cousin of first degree.  A  child
32    whose  parent  has  executed  a  final irrevocable consent to
 
                            -27-           LRB9203754DJgcam07
 1    adoption or a final irrevocable  surrender  for  purposes  of
 2    adoption,  or whose parent has had his or her parental rights
 3    terminated, is not a related child to that person, unless the
 4    consent is determined to be  void  or  is  void  pursuant  to
 5    subsection O of Section 10.
 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    except that a person shall not be considered an unfit  person
13    for  the sole reason that the person has relinquished a child
14    in accordance with the Abandoned  Newborn  Infant  Protection
15    Act:
16             (a)  Abandonment of the child.
17             (a-1)  Abandonment   of   a   newborn  infant  in  a
18        hospital.
19             (a-2)  Abandonment  of  a  newborn  infant  in   any
20        setting  where  the  evidence  suggests  that  the parent
21        intended to relinquish his or her parental rights.
22             (b)  Failure to  maintain  a  reasonable  degree  of
23        interest,  concern  or  responsibility  as to the child's
24        welfare.
25             (c)  Desertion of the child for more than  3  months
26        next   preceding   the   commencement   of  the  Adoption
27        proceeding.
28             (d)  Substantial neglect of the child if  continuous
29        or repeated.
30             (d-1)  Substantial   neglect,   if   continuous   or
31        repeated,  of  any  child residing in the household which
32        resulted in the death of that child.
33             (e)  Extreme or repeated cruelty to the child.
34             (f)  Two or more findings of physical abuse  to  any
 
                            -28-           LRB9203754DJgcam07
 1        children  under  Section 4-8 of the Juvenile Court Act or
 2        Section 2-21 of the Juvenile Court Act of 1987, the  most
 3        recent  of  which  was  determined  by the juvenile court
 4        hearing  the  matter  to  be  supported  by   clear   and
 5        convincing  evidence;  a criminal conviction or a finding
 6        of not guilty by reason of insanity  resulting  from  the
 7        death  of any child by physical child abuse; or a finding
 8        of physical child abuse resulting from the death  of  any
 9        child  under  Section  4-8  of  the Juvenile Court Act or
10        Section 2-21 of the Juvenile Court Act of 1987.
11             (g)  Failure to protect the  child  from  conditions
12        within his environment injurious to the child's welfare.
13             (h)  Other  neglect  of,  or  misconduct  toward the
14        child; provided that in making a finding of unfitness the
15        court hearing the adoption proceeding shall not be  bound
16        by  any  previous finding, order or judgment affecting or
17        determining the rights of the parents  toward  the  child
18        sought  to be adopted in any other proceeding except such
19        proceedings terminating parental rights as shall  be  had
20        under  either  this  Act,  the  Juvenile Court Act or the
21        Juvenile Court Act of 1987.
22             (i)  Depravity.   Conviction  of  any  one  of   the
23        following crimes shall create a presumption that a parent
24        is  depraved  which  can  be  overcome  only by clear and
25        convincing evidence: (1) first degree murder in violation
26        of paragraph 1 or 2 of subsection (a) of Section  9-1  of
27        the  Criminal Code of 1961 or conviction of second degree
28        murder in violation of subsection (a) of Section  9-2  of
29        the  Criminal Code of 1961 of a parent of the child to be
30        adopted; (2) first degree murder or second degree  murder
31        of  any  child in violation of the Criminal Code of 1961;
32        (3) attempt or conspiracy to commit first  degree  murder
33        or  second degree murder of any child in violation of the
34        Criminal Code of 1961; (4) solicitation to commit  murder
 
                            -29-           LRB9203754DJgcam07
 1        of  any child, solicitation to commit murder of any child
 2        for hire, or solicitation to commit second degree  murder
 3        of  any  child in violation of the Criminal Code of 1961;
 4        or (5) aggravated criminal sexual assault in violation of
 5        Section 12-14(b)(1) of the Criminal Code of 1961.
 6             There is a rebuttable presumption that a  parent  is
 7        depraved  if  the parent has been criminally convicted of
 8        at least 3 felonies under the laws of this State  or  any
 9        other  state,  or under federal law, or the criminal laws
10        of any United States territory; and at least one of these
11        convictions took place within 5 years of  the  filing  of
12        the  petition  or  motion seeking termination of parental
13        rights.
14             There is a rebuttable presumption that a  parent  is
15        depraved  if that parent has been criminally convicted of
16        either first or second degree murder  of  any  person  as
17        defined  in  the Criminal Code of 1961 within 10 years of
18        the filing date of the petition or  motion  to  terminate
19        parental rights.
20             (j)  Open and notorious adultery or fornication.
21             (j-1)  (Blank).
22             (k)  Habitual  drunkenness  or  addiction  to drugs,
23        other than those prescribed by a physician, for at  least
24        one  year  immediately  prior  to the commencement of the
25        unfitness proceeding.
26             There is a rebuttable presumption that a  parent  is
27        unfit  under this subsection with respect to any child to
28        which that parent gives birth where there is a  confirmed
29        test  result  that  at birth the child's blood, urine, or
30        meconium contained any amount of a  controlled  substance
31        as  defined  in  subsection  (f)  of  Section  102 of the
32        Illinois Controlled Substances Act or metabolites of such
33        substances, the presence of which in the  newborn  infant
34        was  not  the result of medical treatment administered to
 
                            -30-           LRB9203754DJgcam07
 1        the mother or the  newborn  infant;  and  the  biological
 2        mother of this child is the biological mother of at least
 3        one  other  child  who  was adjudicated a neglected minor
 4        under subsection (c) of Section 2-3 of the Juvenile Court
 5        Act of 1987.
 6             (l)  Failure to demonstrate a reasonable  degree  of
 7        interest,  concern or responsibility as to the welfare of
 8        a new born child during  the  first  30  days  after  its
 9        birth.
10             (m)  Failure  by  a  parent  (i)  to make reasonable
11        efforts to correct the conditions that were the basis for
12        the removal of the child from the parent, or (ii) to make
13        reasonable progress toward the return of the child to the
14        parent within 9 months after an adjudication of neglected
15        or abused minor under Section 2-3 of the  Juvenile  Court
16        Act  of 1987 or dependent minor under Section 2-4 of that
17        Act, or (iii) to  make  reasonable  progress  toward  the
18        return  of  the  child  to  the parent during any 9-month
19        period after  the  end  of  the  initial  9-month  period
20        following  the  adjudication of neglected or abused minor
21        under Section 2-3 of the Juvenile Court Act  of  1987  or
22        dependent  minor  under  Section  2-4  of  that Act. If a
23        service plan  has  been  established  as  required  under
24        Section  8.2  of the Abused and Neglected Child Reporting
25        Act to correct the conditions that were the basis for the
26        removal of  the  child  from  the  parent  and  if  those
27        services  were available, then, for purposes of this Act,
28        "failure to make reasonable progress toward the return of
29        the child  to  the  parent"  includes  (I)  the  parent's
30        failure  to  substantially fulfill his or her obligations
31        under the service plan and correct  the  conditions  that
32        brought  the  child  into  care within 9 months after the
33        adjudication under Section 2-3 or  2-4  of  the  Juvenile
34        Court  Act  of  1987  and  (II)  the  parent's failure to
 
                            -31-           LRB9203754DJgcam07
 1        substantially fulfill his or her  obligations  under  the
 2        service  plan and correct the conditions that brought the
 3        child into care during any 9-month period after  the  end
 4        of  the initial 9-month period following the adjudication
 5        under Section 2-3 or 2-4 of the  Juvenile  Court  Act  of
 6        1987.
 7             (m-1)  Pursuant to the Juvenile Court Act of 1987, a
 8        child has been in foster care for 15 months out of any 22
 9        month  period which begins on or after the effective date
10        of this amendatory Act of 1998 unless the child's  parent
11        can  prove  by a preponderance of the evidence that it is
12        more likely  than  not  that  it  will  be  in  the  best
13        interests  of  the  child  to  be  returned to the parent
14        within 6 months of the  date  on  which  a  petition  for
15        termination   of  parental  rights  is  filed  under  the
16        Juvenile Court Act of 1987.  The 15 month time  limit  is
17        tolled  during  any  period  for  which  there is a court
18        finding that the appointed custodian or  guardian  failed
19        to  make reasonable efforts to reunify the child with his
20        or her family,  provided  that  (i)  the  finding  of  no
21        reasonable  efforts  is made within 60 days of the period
22        when reasonable efforts were not made or (ii) the  parent
23        filed  a  motion  requesting  a  finding of no reasonable
24        efforts within 60 days  of  the  period  when  reasonable
25        efforts  were not made.  For purposes of this subdivision
26        (m-1), the date of entering foster care  is  the  earlier
27        of: (i) the date of a judicial finding at an adjudicatory
28        hearing  that  the  child  is  an  abused,  neglected, or
29        dependent minor; or (ii) 60 days after the date on  which
30        the child is removed from his or her parent, guardian, or
31        legal custodian.
32             (n)  Evidence of intent to forgo his or her parental
33        rights,  whether or not the child is a ward of the court,
34        (1) as manifested by his or her failure for a  period  of
 
                            -32-           LRB9203754DJgcam07
 1        12  months:  (i)  to visit the child, (ii) to communicate
 2        with the child or agency, although able to do so and  not
 3        prevented  from  doing so by an agency or by court order,
 4        or (iii) to maintain contact with or plan for the  future
 5        of  the  child, although physically able to do so, or (2)
 6        as manifested by the father's failure, where he  and  the
 7        mother  of  the child were unmarried to each other at the
 8        time  of  the  child's  birth,  (i)  to  commence   legal
 9        proceedings to establish his paternity under the Illinois
10        Parentage  Act  of 1984 or the law of the jurisdiction of
11        the child's birth  within  30  days  of  being  informed,
12        pursuant  to  Section  12a  of  this  Act, that he is the
13        father or the likely father of the child or, after  being
14        so  informed  where  the child is not yet born, within 30
15        days of the child's birth, or (ii) to make a  good  faith
16        effort to pay a reasonable amount of the expenses related
17        to  the  birth  of  the child and to provide a reasonable
18        amount for the financial support of the child, the  court
19        to   consider   in   its   determination   all   relevant
20        circumstances,  including the financial condition of both
21        parents;  provided  that  the  ground   for   termination
22        provided  in  this  subparagraph (n)(2)(ii) shall only be
23        available where the petition is brought by the mother  or
24        the husband of the mother.
25             Contact or communication by a parent with his or her
26        child  that  does  not  demonstrate affection and concern
27        does not constitute reasonable contact and planning under
28        subdivision (n).  In  the  absence  of  evidence  to  the
29        contrary,  the  ability  to  visit, communicate, maintain
30        contact, pay expenses and plan for the  future  shall  be
31        presumed.   The  subjective intent of the parent, whether
32        expressed or otherwise, unsupported by  evidence  of  the
33        foregoing  parental  acts  manifesting that intent, shall
34        not preclude a determination that the parent has intended
 
                            -33-           LRB9203754DJgcam07
 1        to forgo his or her  parental  rights.   In  making  this
 2        determination,  the  court  may  consider  but  shall not
 3        require a showing of diligent efforts  by  an  authorized
 4        agency  to  encourage  the  parent  to  perform  the acts
 5        specified in subdivision (n).
 6             It shall be an affirmative defense to any allegation
 7        under paragraph (2) of this subsection that the  father's
 8        failure was due to circumstances beyond his control or to
 9        impediments  created  by  the  mother or any other person
10        having legal custody.  Proof of that fact need only be by
11        a preponderance of the evidence.
12             (o)  Repeated or continuous failure by the  parents,
13        although  physically and financially able, to provide the
14        child with adequate food, clothing, or shelter.
15             (p)  Inability      to      discharge       parental
16        responsibilities  supported  by competent evidence from a
17        psychiatrist,  licensed  clinical   social   worker,   or
18        clinical   psychologist   of  mental  impairment,  mental
19        illness or mental retardation as defined in Section 1-116
20        of the Mental Health and Developmental Disabilities Code,
21        or developmental disability as defined in  Section  1-106
22        of  that  Code,  and there is sufficient justification to
23        believe  that  the  inability   to   discharge   parental
24        responsibilities  shall  extend  beyond a reasonable time
25        period.  However,  this  subdivision  (p)  shall  not  be
26        construed  so  as  to  permit  a licensed clinical social
27        worker to conduct  any  medical  diagnosis  to  determine
28        mental illness or mental impairment.
29             (q)  The  parent  has  been  criminally convicted of
30        aggravated battery, heinous battery, or attempted  murder
31        of any child.
32             (r)  The  child  is  in  the  temporary  custody  or
33        guardianship  of  the  Department  of Children and Family
34        Services, the parent  is  incarcerated  as  a  result  of
 
                            -34-           LRB9203754DJgcam07
 1        criminal  conviction  at  the time the petition or motion
 2        for termination of parental rights  is  filed,  prior  to
 3        incarceration  the  parent  had little or no contact with
 4        the child or provided little or no support for the child,
 5        and the parent's incarceration will  prevent  the  parent
 6        from discharging his or her parental responsibilities for
 7        the  child  for  a  period in excess of 2 years after the
 8        filing of the  petition  or  motion  for  termination  of
 9        parental rights.
10             (s)  The  child  is  in  the  temporary  custody  or
11        guardianship  of  the  Department  of Children and Family
12        Services, the parent is  incarcerated  at  the  time  the
13        petition  or motion for termination of parental rights is
14        filed, the parent has been repeatedly incarcerated  as  a
15        result of criminal convictions, and the parent's repeated
16        incarceration  has  prevented the parent from discharging
17        his or her parental responsibilities for the child.
18             (t)  A finding that  at  birth  the  child's  blood,
19        urine,  or  meconium contained any amount of a controlled
20        substance as defined in subsection (f) of Section 102  of
21        the  Illinois  Controlled Substances Act, or a metabolite
22        of  a  controlled  substance,  with  the   exception   of
23        controlled  substances or metabolites of such substances,
24        the presence of which  in  the  newborn  infant  was  the
25        result of medical treatment administered to the mother or
26        the  newborn  infant,  and  that the biological mother of
27        this child is the biological mother of at least one other
28        child  who  was  adjudicated  a  neglected  minor   under
29        subsection  (c)  of Section 2-3 of the Juvenile Court Act
30        of 1987,  after  which  the  biological  mother  had  the
31        opportunity  to enroll in and participate in a clinically
32        appropriate substance abuse  counseling,  treatment,  and
33        rehabilitation program.
34        E.  "Parent"  means  the father or mother of a legitimate
 
                            -35-           LRB9203754DJgcam07
 1    or illegitimate child.  For the purpose of this Act, a person
 2    who has executed a final and irrevocable consent to  adoption
 3    or   a  final  and  irrevocable  surrender  for  purposes  of
 4    adoption, or whose parental rights have been terminated by  a
 5    court,  is  not  a parent of the child who was the subject of
 6    the consent or surrender, unless the consent is void pursuant
 7    to subsection O of Section 10.
 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;
20             (c-1)  a child  for  whom  a  parent  has  signed  a
21        specific  consent pursuant to subsection O of Section 10;
22        or
23             (d)  an adult who meets the conditions set forth  in
24        Section 3 of this Act; or.
25             (e)  a child who has been relinquished as defined in
26        Section  10  of  the  Abandoned Newborn Infant Protection
27        Act.
28        A person who would otherwise be  available  for  adoption
29    shall not be deemed unavailable for adoption solely by reason
30    of his or her death.
31        G.  The  singular  includes  the  plural  and  the plural
32    includes the singular and the "male" includes  the  "female",
33    as the context of this Act may require.
34        H.  "Adoption   disruption"   occurs   when  an  adoptive
 
                            -36-           LRB9203754DJgcam07
 1    placement does not prove successful and it becomes  necessary
 2    for  the  child  to  be  removed  from  placement  before the
 3    adoption is finalized.
 4        I.  "Foreign placing agency" is an agency  or  individual
 5    operating in a country or territory outside the United States
 6    that  is  authorized  by  its  country  to place children for
 7    adoption either directly with families in the  United  States
 8    or through United States based international agencies.
 9        J.  "Immediate  relatives"  means the biological parents,
10    the parents of the biological parents  and  siblings  of  the
11    biological parents.
12        K.  "Intercountry adoption" is a process by which a child
13    from a country other than the United States is adopted.
14        L.  "Intercountry Adoption Coordinator" is a staff person
15    of  the  Department of Children and Family Services appointed
16    by the Director to coordinate the provision  of  services  by
17    the  public  and  private  sector  to  prospective parents of
18    foreign-born children.
19        M.  "Interstate Compact on the Placement of Children"  is
20    a  law enacted by most states for the purpose of establishing
21    uniform procedures for handling the interstate  placement  of
22    children in foster homes, adoptive homes, or other child care
23    facilities.
24        N.  "Non-Compact  state"  means  a  state  that  has  not
25    enacted the Interstate Compact on the Placement of Children.
26        O.  "Preadoption   requirements"   are   any   conditions
27    established  by  the  laws  or  regulations  of  the  Federal
28    Government  or  of  each  state that must be met prior to the
29    placement of a child in an adoptive home.
30        P.  "Abused  child"  means  a  child  whose   parent   or
31    immediate  family  member,  or any person responsible for the
32    child's welfare,  or any individual residing in the same home
33    as the child, or a paramour of the child's parent:
34             (a)  inflicts, causes to be inflicted, or allows  to
 
                            -37-           LRB9203754DJgcam07
 1        be  inflicted  upon  the  child physical injury, by other
 2        than accidental means, that causes death,  disfigurement,
 3        impairment  of  physical  or emotional health, or loss or
 4        impairment of any bodily function;
 5             (b)  creates a substantial risk of  physical  injury
 6        to  the  child by other than accidental means which would
 7        be likely to cause death,  disfigurement,  impairment  of
 8        physical  or  emotional  health, or loss or impairment of
 9        any bodily function;
10             (c)  commits or  allows  to  be  committed  any  sex
11        offense against the child, as sex offenses are defined in
12        the Criminal Code of 1961 and extending those definitions
13        of  sex  offenses  to  include children under 18 years of
14        age;
15             (d)  commits or allows to be  committed  an  act  or
16        acts of torture upon the child; or
17             (e)  inflicts excessive corporal punishment.
18        Q.  "Neglected  child"  means  any  child whose parent or
19    other person responsible for the child's welfare withholds or
20    denies nourishment or medically indicated treatment including
21    food or care denied solely on the basis  of  the  present  or
22    anticipated  mental or physical impairment as determined by a
23    physician  acting  alone  or  in  consultation   with   other
24    physicians  or  otherwise  does  not  provide  the  proper or
25    necessary support, education as required by law,  or  medical
26    or   other  remedial  care  recognized  under  State  law  as
27    necessary for a child's well-being, or other  care  necessary
28    for  his or her well-being, including adequate food, clothing
29    and shelter; or who is abandoned by his  or  her  parents  or
30    other person responsible for the child's welfare.
31        A  child  shall not be considered neglected or abused for
32    the sole reason that  the  child's  parent  or  other  person
33    responsible  for  his  or  her welfare depends upon spiritual
34    means through prayer alone  for  the  treatment  or  cure  of
 
                            -38-           LRB9203754DJgcam07
 1    disease  or  remedial care as provided under Section 4 of the
 2    Abused and Neglected Child Reporting Act.
 3        R.  "Putative father" means a man who may  be  a  child's
 4    father,  but  who (1) is not married to the child's mother on
 5    or before the date that the child was or is to  be  born  and
 6    (2)  has  not  established  paternity of the child in a court
 7    proceeding before the filing of a petition for  the  adoption
 8    of  the  child.  The term includes a male who is less than 18
 9    years of age.  "Putative father" does not mean a man  who  is
10    the  child's  father  as a result of criminal sexual abuse or
11    assault as defined under Article 12 of the Criminal  Code  of
12    1961.
13        S.  "Standby  adoption"  means  an  adoption  in  which a
14    terminally ill parent consents to custody and termination  of
15    parental  rights to become effective upon the occurrence of a
16    future event, which is either the death of the terminally ill
17    parent or the request of the parent for the entry of a  final
18    judgment of adoption.
19        T.  "Terminally  ill  parent"  means  a  person who has a
20    medical  prognosis  by  a  physician  licensed  to   practice
21    medicine  in  all  of  its  branches  that  the person has an
22    incurable and  irreversible  condition  which  will  lead  to
23    death.
24    (Source: P.A.  90-13,  eff.  6-13-97;  90-15,  eff.  6-13-97;
25    90-27, eff. 1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-28,
26    eff.  1-1-98 except subdiv. (D)(m) eff. 6-25-97; 90-443, eff.
27    8-16-97; 90-608, eff. 6-30-98; 90-655, eff. 7-30-98;  91-357,
28    eff.  7-29-99;  91-373,  eff.  1-1-00;  91-572,  eff. 1-1-00;
29    revised 8-31-99.)

30        Section 999. Effective date. This Act takes  effect  upon
31    becoming law.".

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