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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Adoption Act is amended by changing Sections | |||||||||||||||||||||
5 | 1 and 18.9 as follows:
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6 | (750 ILCS 50/1) (from Ch. 40, par. 1501)
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7 | Sec. 1. Definitions. When used in this Act, unless the | |||||||||||||||||||||
8 | context
otherwise requires:
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9 | A. "Child" means a person under legal age subject to | |||||||||||||||||||||
10 | adoption under
this Act.
| |||||||||||||||||||||
11 | B. "Related child" means a child subject to adoption where | |||||||||||||||||||||
12 | either or both of
the adopting parents stands in any of the | |||||||||||||||||||||
13 | following relationships to the child
by blood, marriage, | |||||||||||||||||||||
14 | adoption, or civil union: parent, grand-parent, | |||||||||||||||||||||
15 | great-grandparent, brother, sister, step-parent,
| |||||||||||||||||||||
16 | step-grandparent, step-brother, step-sister, uncle, aunt, | |||||||||||||||||||||
17 | great-uncle,
great-aunt, first cousin, or second cousin. A | |||||||||||||||||||||
18 | person is related to the child as a first cousin or second | |||||||||||||||||||||
19 | cousin if they are both related to the same ancestor as either | |||||||||||||||||||||
20 | grandchild or great-grandchild. A child whose parent has | |||||||||||||||||||||
21 | executed
a consent to adoption, a surrender, or a waiver | |||||||||||||||||||||
22 | pursuant to Section 10 of this Act or whose parent has signed a | |||||||||||||||||||||
23 | denial of paternity pursuant to Section 12 of the Vital Records |
| |||||||
| |||||||
1 | Act or Section 12a of this Act, or whose parent has had his or | ||||||
2 | her parental rights
terminated, is not a related child to that | ||||||
3 | person, unless (1) the consent is
determined to be void or is | ||||||
4 | void pursuant to subsection O of Section 10 of this Act;
or (2) | ||||||
5 | the parent of the child executed a consent to adoption by a | ||||||
6 | specified person or persons pursuant to subsection A-1 of | ||||||
7 | Section 10 of this Act and a court of competent jurisdiction | ||||||
8 | finds that such consent is void; or (3) the order terminating | ||||||
9 | the parental rights of the parent is vacated by a court of | ||||||
10 | competent jurisdiction.
| ||||||
11 | C. "Agency" for the purpose of this Act means a public | ||||||
12 | child welfare agency
or a licensed child welfare agency.
| ||||||
13 | D. "Unfit person" means any person whom the court shall | ||||||
14 | find to be unfit
to have a child, without regard to the | ||||||
15 | likelihood that the child will be
placed for adoption. The | ||||||
16 | grounds of unfitness are any one or more
of the following, | ||||||
17 | except that a person shall not be considered an unfit
person | ||||||
18 | for the sole reason that the person has relinquished a child in
| ||||||
19 | accordance with the Abandoned Newborn Infant Protection Act:
| ||||||
20 | (a) Abandonment of the child.
| ||||||
21 | (a-1) Abandonment of a newborn infant in a hospital.
| ||||||
22 | (a-2) Abandonment of a newborn infant in any setting | ||||||
23 | where the evidence
suggests that the parent intended to | ||||||
24 | relinquish his or her parental rights.
| ||||||
25 | (b) Failure to maintain a reasonable degree of | ||||||
26 | interest, concern or
responsibility as to the child's |
| |||||||
| |||||||
1 | welfare.
| ||||||
2 | (c) Desertion of the child for more than 3 months next | ||||||
3 | preceding the
commencement of the Adoption proceeding.
| ||||||
4 | (d) Substantial neglect
of the
child if continuous or | ||||||
5 | repeated.
| ||||||
6 | (d-1) Substantial neglect, if continuous or repeated, | ||||||
7 | of any child
residing in the household which resulted in | ||||||
8 | the death of that child.
| ||||||
9 | (e) Extreme or repeated cruelty to the child.
| ||||||
10 | (f) There is a rebuttable presumption, which can be | ||||||
11 | overcome only by clear and convincing evidence, that a | ||||||
12 | parent is unfit if:
| ||||||
13 | (1) Two or more findings of physical abuse have | ||||||
14 | been entered regarding any children under Section 2-21 | ||||||
15 | of the Juvenile Court Act
of 1987, the most recent of | ||||||
16 | which was determined by the juvenile court
hearing the | ||||||
17 | matter to be supported by clear and convincing | ||||||
18 | evidence; or | ||||||
19 | (2) The parent has been convicted or found not | ||||||
20 | guilty by reason of insanity and the conviction or | ||||||
21 | finding resulted from the death of any child by | ||||||
22 | physical abuse; or
| ||||||
23 | (3) There is a finding of physical child abuse | ||||||
24 | resulting from the death of any
child under Section | ||||||
25 | 2-21 of the
Juvenile Court Act of 1987. | ||||||
26 | No conviction or finding of delinquency pursuant to |
| |||||||
| |||||||
1 | Article V of the Juvenile Court Act of 1987 shall be | ||||||
2 | considered a criminal conviction for the purpose of | ||||||
3 | applying any presumption under this item (f).
| ||||||
4 | (g) Failure to protect the child from conditions within | ||||||
5 | his environment
injurious to the child's welfare.
| ||||||
6 | (h) Other neglect of, or misconduct toward the child; | ||||||
7 | provided that in
making a finding of unfitness the court | ||||||
8 | hearing the adoption proceeding
shall not be bound by any | ||||||
9 | previous finding, order or judgment affecting
or | ||||||
10 | determining the rights of the parents toward the child | ||||||
11 | sought to be adopted
in any other proceeding except such | ||||||
12 | proceedings terminating parental rights
as shall be had | ||||||
13 | under either this Act, the Juvenile Court Act or
the | ||||||
14 | Juvenile Court Act of 1987.
| ||||||
15 | (i) Depravity. Conviction of any one of the following
| ||||||
16 | crimes shall create a presumption that a parent is depraved | ||||||
17 | which can be
overcome only by clear and convincing | ||||||
18 | evidence:
(1) first degree murder in violation of paragraph | ||||||
19 | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | ||||||
20 | Code of 1961 or the Criminal Code of 2012 or conviction
of | ||||||
21 | second degree murder in violation of subsection (a) of | ||||||
22 | Section 9-2 of the
Criminal Code of 1961 or the Criminal | ||||||
23 | Code of 2012 of a parent of the child to be adopted; (2)
| ||||||
24 | first degree murder or second degree murder of any child in
| ||||||
25 | violation of the Criminal Code of 1961 or the Criminal Code | ||||||
26 | of 2012; (3)
attempt or conspiracy to commit first degree |
| |||||||
| |||||||
1 | murder or second degree murder
of any child in violation of | ||||||
2 | the Criminal Code of 1961 or the Criminal Code of 2012; (4)
| ||||||
3 | solicitation to commit murder of any child, solicitation to
| ||||||
4 | commit murder of any child for hire, or solicitation to | ||||||
5 | commit second
degree murder of any child in violation of | ||||||
6 | the Criminal Code of 1961 or the Criminal Code of 2012; (5)
| ||||||
7 | predatory criminal sexual assault of a child in violation | ||||||
8 | of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 | ||||||
9 | or the Criminal Code of 2012; (6) heinous battery of any | ||||||
10 | child in violation of the Criminal Code of 1961; or (7) | ||||||
11 | aggravated battery of any child in violation of the | ||||||
12 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
13 | There is a rebuttable presumption that a parent is | ||||||
14 | depraved if the parent
has been criminally convicted of at | ||||||
15 | least 3 felonies under the laws of this
State or any other | ||||||
16 | state, or under federal law, or the criminal laws of any
| ||||||
17 | United States territory; and at least
one of these
| ||||||
18 | convictions took place within 5 years of the filing of the | ||||||
19 | petition or motion
seeking termination of parental rights.
| ||||||
20 | There is a rebuttable presumption that a parent is | ||||||
21 | depraved if that
parent
has
been criminally convicted of | ||||||
22 | either first or second degree murder of any person
as | ||||||
23 | defined in the Criminal Code of 1961 or the Criminal Code | ||||||
24 | of 2012 within 10 years of the filing date of
the petition | ||||||
25 | or motion to terminate parental rights. | ||||||
26 | No conviction or finding of delinquency pursuant to |
| |||||||
| |||||||
1 | Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
2 | considered a criminal conviction for the purpose of | ||||||
3 | applying any presumption under this item (i).
| ||||||
4 | (j) Open and notorious adultery or fornication.
| ||||||
5 | (j-1) (Blank).
| ||||||
6 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
7 | than those
prescribed by a physician, for at least one year | ||||||
8 | immediately
prior to the commencement of the unfitness | ||||||
9 | proceeding.
| ||||||
10 | There is a rebuttable presumption that a parent is | ||||||
11 | unfit under this
subsection
with respect to any child to | ||||||
12 | which that parent gives birth where there is a
confirmed
| ||||||
13 | test result that at birth the child's blood, urine, or | ||||||
14 | meconium contained any
amount of a controlled substance as | ||||||
15 | defined in subsection (f) of Section 102 of
the Illinois | ||||||
16 | Controlled Substances Act or metabolites of such | ||||||
17 | substances, the
presence of which in the newborn infant was | ||||||
18 | not the result of medical treatment
administered to the | ||||||
19 | mother or the newborn infant; and the biological mother of
| ||||||
20 | this child is the biological mother of at least one other | ||||||
21 | child who was
adjudicated a neglected minor under | ||||||
22 | subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||||||
23 | 1987.
| ||||||
24 | (l) Failure to demonstrate a reasonable degree of | ||||||
25 | interest, concern or
responsibility as to the welfare of a | ||||||
26 | new born child during the first 30
days after its birth.
|
| |||||||
| |||||||
1 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
2 | to correct the
conditions that were the basis for the | ||||||
3 | removal of the child from the
parent during any 9-month | ||||||
4 | period following the adjudication of neglected or abused | ||||||
5 | minor under Section 2-3 of the Juvenile Court Act of 1987 | ||||||
6 | or dependent minor under Section 2-4 of that Act, or (ii) | ||||||
7 | to make reasonable progress
toward the return of the
child | ||||||
8 | to the parent during any 9-month period following the | ||||||
9 | adjudication of
neglected or abused minor under Section 2-3 | ||||||
10 | of the Juvenile Court
Act of 1987 or dependent minor under | ||||||
11 | Section 2-4 of that Act.
If a service plan has been | ||||||
12 | established as
required under
Section 8.2 of the Abused and | ||||||
13 | Neglected Child Reporting Act to correct the
conditions | ||||||
14 | that were the basis for the removal of the child from the | ||||||
15 | parent
and if those services were available,
then, for | ||||||
16 | purposes of this Act, "failure to make reasonable progress | ||||||
17 | toward the
return of the child to the parent" includes the | ||||||
18 | parent's failure to substantially fulfill his or her | ||||||
19 | obligations
under
the service plan and correct the | ||||||
20 | conditions that brought the child into care
during any | ||||||
21 | 9-month period
following the adjudication under Section | ||||||
22 | 2-3 or 2-4 of the Juvenile Court
Act of 1987. | ||||||
23 | Notwithstanding any other provision, when a petition or | ||||||
24 | motion seeks to terminate parental rights on the basis of | ||||||
25 | item (ii) of this subsection (m), the petitioner shall file | ||||||
26 | with the court and serve on the parties a pleading that |
| |||||||
| |||||||
1 | specifies the 9-month period or periods relied on. The | ||||||
2 | pleading shall be filed and served on the parties no later | ||||||
3 | than 3 weeks before the date set by the court for closure | ||||||
4 | of discovery, and the allegations in the pleading shall be | ||||||
5 | treated as incorporated into the petition or motion. | ||||||
6 | Failure of a respondent to file a written denial of the | ||||||
7 | allegations in the pleading shall not be treated as an | ||||||
8 | admission that the allegations are true.
| ||||||
9 | (m-1) (Blank).
| ||||||
10 | (n) Evidence of intent to forgo his or her parental | ||||||
11 | rights,
whether or
not the child is a ward of the court, | ||||||
12 | (1) as manifested
by his or her failure for a period of 12 | ||||||
13 | months: (i) to visit the child,
(ii) to communicate with | ||||||
14 | the child or agency, although able to do so and
not | ||||||
15 | prevented from doing so by an agency or by court order, or | ||||||
16 | (iii) to
maintain contact with or plan for the future of | ||||||
17 | the child, although physically
able to do so, or (2) as | ||||||
18 | manifested by the father's failure, where he
and the mother | ||||||
19 | of the child were unmarried to each other at the time of | ||||||
20 | the
child's birth, (i) to commence legal proceedings to | ||||||
21 | establish his paternity
under the Illinois Parentage Act of | ||||||
22 | 1984, the Illinois Parentage Act of 2015, or the law of the | ||||||
23 | jurisdiction of
the child's birth within 30 days of being | ||||||
24 | informed, pursuant to Section 12a
of this Act, that he is | ||||||
25 | the father or the likely father of the child or,
after | ||||||
26 | being so informed where the child is not yet born, within |
| |||||||
| |||||||
1 | 30 days of
the child's birth, or (ii) to make a good faith | ||||||
2 | effort to pay a reasonable
amount of the expenses related | ||||||
3 | to the birth of the child and to provide a
reasonable | ||||||
4 | amount for the financial support of the child, the court to
| ||||||
5 | consider in its determination all relevant circumstances, | ||||||
6 | including the
financial condition of both parents; | ||||||
7 | provided that the ground for
termination provided in this | ||||||
8 | subparagraph (n)(2)(ii) shall only be
available where the | ||||||
9 | petition is brought by the mother or the husband of
the | ||||||
10 | mother.
| ||||||
11 | Contact or communication by a parent with his or her | ||||||
12 | child that does not
demonstrate affection and concern does | ||||||
13 | not constitute reasonable contact
and planning under | ||||||
14 | subdivision (n). In the absence of evidence to the
| ||||||
15 | contrary, the ability to visit, communicate, maintain | ||||||
16 | contact, pay
expenses and plan for the future shall be | ||||||
17 | presumed. The subjective intent
of the parent, whether | ||||||
18 | expressed or otherwise, unsupported by evidence of
the | ||||||
19 | foregoing parental acts manifesting that intent, shall not | ||||||
20 | preclude a
determination that the parent has intended to | ||||||
21 | forgo his or her
parental
rights. In making this | ||||||
22 | determination, the court may consider but shall not
require | ||||||
23 | a showing of diligent efforts by an authorized agency to | ||||||
24 | encourage
the parent to perform the acts specified in | ||||||
25 | subdivision (n).
| ||||||
26 | It shall be an affirmative defense to any allegation |
| |||||||
| |||||||
1 | under paragraph
(2) of this subsection that the father's | ||||||
2 | failure was due to circumstances
beyond his control or to | ||||||
3 | impediments created by the mother or any other
person | ||||||
4 | having legal custody. Proof of that fact need only be by a
| ||||||
5 | preponderance of the evidence.
| ||||||
6 | (o) Repeated or continuous failure by the parents, | ||||||
7 | although physically
and financially able, to provide the | ||||||
8 | child with adequate food, clothing,
or shelter.
| ||||||
9 | (p) Inability to discharge parental responsibilities | ||||||
10 | supported by
competent evidence from a psychiatrist, | ||||||
11 | licensed clinical social
worker, or clinical psychologist | ||||||
12 | of mental
impairment, mental illness or an intellectual | ||||||
13 | disability as defined in Section
1-116 of the Mental Health | ||||||
14 | and Developmental Disabilities Code, or
developmental | ||||||
15 | disability as defined in Section 1-106 of that Code, and
| ||||||
16 | there is sufficient justification to believe that the | ||||||
17 | inability to
discharge parental responsibilities shall | ||||||
18 | extend beyond a reasonable
time period. However, this | ||||||
19 | subdivision (p) shall not be construed so as to
permit a | ||||||
20 | licensed clinical social worker to conduct any medical | ||||||
21 | diagnosis to
determine mental illness or mental | ||||||
22 | impairment.
| ||||||
23 | (q) (Blank).
| ||||||
24 | (r) The child is in the temporary custody or | ||||||
25 | guardianship of the
Department of Children and Family | ||||||
26 | Services, the parent is incarcerated as a
result of |
| |||||||
| |||||||
1 | criminal conviction at the time the petition or motion for
| ||||||
2 | termination of parental rights is filed, prior to | ||||||
3 | incarceration the parent had
little or no contact with the | ||||||
4 | child or provided little or no support for the
child, and | ||||||
5 | the parent's incarceration will prevent the parent from | ||||||
6 | discharging
his or her parental responsibilities for the | ||||||
7 | child for a period in excess of 2
years after the filing of | ||||||
8 | the petition or motion for termination of parental
rights.
| ||||||
9 | (s) The child is in the temporary custody or | ||||||
10 | guardianship of the
Department of Children and Family | ||||||
11 | Services, the parent is incarcerated at the
time the | ||||||
12 | petition or motion for termination of parental rights is | ||||||
13 | filed, the
parent has been repeatedly incarcerated as a | ||||||
14 | result of criminal convictions,
and the parent's repeated | ||||||
15 | incarceration has prevented the parent from
discharging | ||||||
16 | his or her parental responsibilities for the child.
| ||||||
17 | (t) A finding that at birth the child's blood,
urine, | ||||||
18 | or meconium contained any amount of a controlled substance | ||||||
19 | as
defined in subsection (f) of Section 102 of the Illinois | ||||||
20 | Controlled Substances
Act, or a metabolite of a controlled | ||||||
21 | substance, with the exception of
controlled substances or | ||||||
22 | metabolites of such substances, the presence of which
in | ||||||
23 | the newborn infant was the result of medical treatment | ||||||
24 | administered to the
mother or the newborn infant, and that | ||||||
25 | the biological mother of this child is
the biological | ||||||
26 | mother of at least one other child who was adjudicated a
|
| |||||||
| |||||||
1 | neglected minor under subsection (c) of Section 2-3 of the | ||||||
2 | Juvenile Court Act
of 1987, after which the biological | ||||||
3 | mother had the opportunity to enroll in
and participate in | ||||||
4 | a clinically appropriate substance abuse
counseling, | ||||||
5 | treatment, and rehabilitation program.
| ||||||
6 | E. "Parent" means a person who is the legal mother or legal | ||||||
7 | father of the child as defined in subsection X or Y of this | ||||||
8 | Section. For the purpose of this Act, a parent who has executed | ||||||
9 | a consent to adoption, a surrender, or a waiver pursuant to | ||||||
10 | Section 10 of this Act, who has signed a Denial of Paternity | ||||||
11 | pursuant to Section 12 of the Vital Records Act or Section 12a | ||||||
12 | of this Act, or whose parental rights have been terminated by a | ||||||
13 | court, is not a parent of the child who was the subject of the | ||||||
14 | consent, surrender, waiver, or denial unless (1) the consent is | ||||||
15 | void pursuant to subsection O of Section 10 of this Act; or (2) | ||||||
16 | the person executed a consent to adoption by a specified person | ||||||
17 | or persons pursuant to subsection A-1 of Section 10 of this Act | ||||||
18 | and a court of competent jurisdiction finds that the consent is | ||||||
19 | void; or (3) the order terminating the parental rights of the | ||||||
20 | person is vacated by a court of competent jurisdiction.
| ||||||
21 | F. A person is available for adoption when the person is:
| ||||||
22 | (a) a child who has been surrendered for adoption to an | ||||||
23 | agency and to
whose adoption the agency has thereafter | ||||||
24 | consented;
| ||||||
25 | (b) a child to whose adoption a person authorized by | ||||||
26 | law, other than his
parents, has consented, or to whose |
| |||||||
| |||||||
1 | adoption no consent is required pursuant
to Section 8 of | ||||||
2 | this Act;
| ||||||
3 | (c) a child who is in the custody of persons who intend | ||||||
4 | to adopt him
through placement made by his parents;
| ||||||
5 | (c-1) a child for whom a parent has signed a specific | ||||||
6 | consent pursuant
to subsection O of Section 10;
| ||||||
7 | (d) an adult who meets the conditions set forth in | ||||||
8 | Section 3 of this
Act; or
| ||||||
9 | (e) a child who has been relinquished as defined in | ||||||
10 | Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||||||
11 | A person who would otherwise be available for adoption | ||||||
12 | shall not be
deemed unavailable for adoption solely by reason | ||||||
13 | of his or her death.
| ||||||
14 | G. The singular includes the plural and the plural includes
| ||||||
15 | the singular and the "male" includes the "female", as the | ||||||
16 | context of this
Act may require.
| ||||||
17 | H. (Blank).
| ||||||
18 | I. "Habitual residence" has the meaning ascribed to it in | ||||||
19 | the federal Intercountry Adoption Act of 2000 and regulations | ||||||
20 | promulgated thereunder.
| ||||||
21 | J. "Immediate relatives" means the biological parents, the | ||||||
22 | parents of
the biological parents and siblings of the | ||||||
23 | biological parents.
| ||||||
24 | K. "Intercountry adoption" is a process by which a child | ||||||
25 | from a country
other than the United States is adopted by | ||||||
26 | persons who are habitual residents of the United States, or the |
| |||||||
| |||||||
1 | child is a habitual resident of the United States who is | ||||||
2 | adopted by persons who are habitual residents of a country | ||||||
3 | other than the United States.
| ||||||
4 | L. (Blank).
| ||||||
5 | M. "Interstate Compact on the Placement of Children" is a | ||||||
6 | law enacted by all
states and certain territories for the | ||||||
7 | purpose of establishing uniform procedures for handling
the | ||||||
8 | interstate placement of children in foster homes, adoptive | ||||||
9 | homes, or
other child care facilities.
| ||||||
10 | N. (Blank).
| ||||||
11 | O. "Preadoption requirements" means any conditions or | ||||||
12 | standards established by the laws or administrative rules of | ||||||
13 | this State that must be met by a prospective adoptive parent
| ||||||
14 | prior to the placement of a child in an adoptive home.
| ||||||
15 | P. "Abused child" means a child whose parent or immediate | ||||||
16 | family member,
or any person responsible for the child's | ||||||
17 | welfare, or any individual
residing in the same home as the | ||||||
18 | child, or a paramour of the child's parent:
| ||||||
19 | (a) inflicts, causes to be inflicted, or allows to be | ||||||
20 | inflicted upon
the child physical injury, by other than | ||||||
21 | 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 to | ||||||
25 | the child by
other than accidental means which would be | ||||||
26 | likely to cause death,
disfigurement, impairment of |
| |||||||
| |||||||
1 | physical or emotional health, or loss or
impairment of any | ||||||
2 | bodily function;
| ||||||
3 | (c) commits or allows to be committed any sex offense | ||||||
4 | against the child,
as sex offenses are defined in the | ||||||
5 | Criminal Code of 2012
and extending those definitions of | ||||||
6 | sex offenses to include children under
18 years of age;
| ||||||
7 | (d) commits or allows to be committed an act or acts of | ||||||
8 | torture upon
the child; or
| ||||||
9 | (e) inflicts excessive corporal punishment.
| ||||||
10 | Q. "Neglected child" means any child whose parent or other | ||||||
11 | person
responsible for the child's welfare withholds or denies | ||||||
12 | nourishment or
medically indicated treatment including food or | ||||||
13 | care denied solely on the
basis of the present or anticipated | ||||||
14 | mental or physical impairment as determined
by a physician | ||||||
15 | acting alone or in consultation with other physicians or
| ||||||
16 | otherwise does not provide the proper or necessary support, | ||||||
17 | education
as required by law, or medical or other remedial care | ||||||
18 | recognized under State
law as necessary for a child's | ||||||
19 | well-being, or other care necessary for his
or her well-being, | ||||||
20 | including adequate food, clothing and shelter; or who
is | ||||||
21 | abandoned by his or her parents or other person responsible for | ||||||
22 | the child's
welfare.
| ||||||
23 | A child shall not be considered neglected or abused for the
| ||||||
24 | sole reason that the child's parent or other person responsible | ||||||
25 | for his
or her welfare depends upon spiritual means through | ||||||
26 | prayer alone for the
treatment or cure of disease or remedial |
| |||||||
| |||||||
1 | care as provided under Section 4
of the Abused and Neglected | ||||||
2 | Child Reporting Act.
A child shall not be considered neglected | ||||||
3 | or abused for the sole reason that
the child's parent or other | ||||||
4 | person responsible for the child's welfare failed
to vaccinate, | ||||||
5 | delayed vaccination, or refused vaccination for the child
due | ||||||
6 | to a waiver on religious or medical grounds as permitted by | ||||||
7 | law.
| ||||||
8 | R. "Putative father" means a man who may be a child's | ||||||
9 | father, but who (1) is
not married to the child's mother on or | ||||||
10 | before the date that the child was or
is to be born and (2) has | ||||||
11 | not established paternity of the child in a court
proceeding | ||||||
12 | before the filing of a petition for the adoption of the child. | ||||||
13 | The
term includes a male who is less than 18 years of age. | ||||||
14 | "Putative father" does
not mean a man who is the child's father | ||||||
15 | as a result of criminal sexual abuse
or assault as defined | ||||||
16 | under Article 11 of the Criminal Code of 2012.
| ||||||
17 | S. "Standby adoption" means an adoption in which a parent
| ||||||
18 | consents to custody and termination of parental rights to | ||||||
19 | become
effective upon the occurrence of a future event, which | ||||||
20 | is either the death of
the
parent or the request of the parent
| ||||||
21 | for the entry of a final judgment of adoption.
| ||||||
22 | T. (Blank).
| ||||||
23 | T-5. "Biological parent", "birth parent", or "natural | ||||||
24 | parent" of a child are interchangeable terms that mean a person | ||||||
25 | who is biologically or genetically related to that child as a | ||||||
26 | parent. |
| |||||||
| |||||||
1 | U. "Interstate adoption" means the placement of a minor | ||||||
2 | child with a prospective adoptive parent for the purpose of | ||||||
3 | pursuing an adoption for that child that is subject to the | ||||||
4 | provisions of the Interstate Compact on Placement of Children. | ||||||
5 | V. (Blank). | ||||||
6 | W. (Blank). | ||||||
7 | X. "Legal father" of a child means a man who is recognized | ||||||
8 | as or presumed to be that child's father: | ||||||
9 | (1) because of his marriage to or civil union with the | ||||||
10 | child's parent at the time of the child's birth or within | ||||||
11 | 300 days prior to that child's birth, unless he signed a | ||||||
12 | denial of paternity pursuant to Section 12 of the Vital | ||||||
13 | Records Act or a waiver pursuant to Section 10 of this Act; | ||||||
14 | or | ||||||
15 | (2) because his paternity of the child has been | ||||||
16 | established pursuant to the Illinois Parentage Act, the | ||||||
17 | Illinois Parentage Act of 1984, or the Gestational | ||||||
18 | Surrogacy Act; or | ||||||
19 | (3) because he is listed as the child's father or | ||||||
20 | parent on the child's birth certificate, unless he is | ||||||
21 | otherwise determined by an administrative or judicial | ||||||
22 | proceeding not to be the parent of the child or unless he | ||||||
23 | rescinds his acknowledgment of paternity pursuant to the | ||||||
24 | Illinois Parentage Act of 1984; or | ||||||
25 | (4) because his paternity or adoption of the child has | ||||||
26 | been established by a court of competent jurisdiction. |
| |||||||
| |||||||
1 | The definition in this subsection X shall not be construed | ||||||
2 | to provide greater or lesser rights as to the number of parents | ||||||
3 | who can be named on a final judgment order of adoption or | ||||||
4 | Illinois birth certificate that otherwise exist under Illinois | ||||||
5 | law. | ||||||
6 | Y. "Legal mother" of a child means a woman who is | ||||||
7 | recognized as or presumed to be that child's mother: | ||||||
8 | (1) because she gave birth to the child except as | ||||||
9 | provided in the Gestational Surrogacy Act; or | ||||||
10 | (2) because her maternity of the child has been | ||||||
11 | established pursuant to the Illinois Parentage Act of 1984 | ||||||
12 | or the Gestational Surrogacy Act; or | ||||||
13 | (3) because her maternity or adoption of the child has | ||||||
14 | been established by a court of competent jurisdiction; or | ||||||
15 | (4) because of her marriage to or civil union with the | ||||||
16 | child's other parent at the time of the child's birth or | ||||||
17 | within 300 days prior to the time of birth; or | ||||||
18 | (5) because she is listed as the child's mother or | ||||||
19 | parent on the child's birth certificate unless she is | ||||||
20 | otherwise determined by an administrative or judicial | ||||||
21 | proceeding not to be the parent of the child. | ||||||
22 | The definition in this subsection Y shall not be construed | ||||||
23 | to provide greater or lesser rights as to the number of parents | ||||||
24 | who can be named on a final judgment order of adoption or | ||||||
25 | Illinois birth certificate that otherwise exist under Illinois | ||||||
26 | law. |
| |||||||
| |||||||
1 | Z. "Department" means the Illinois Department of Children | ||||||
2 | and Family Services. | ||||||
3 | AA. "Placement disruption" means a circumstance where the | ||||||
4 | child is removed from an adoptive placement before the adoption | ||||||
5 | is finalized. | ||||||
6 | BB. "Secondary placement" means a placement, including but | ||||||
7 | not limited to the placement of a youth in care as defined in | ||||||
8 | Section 4d of the Children and Family Services Act, that occurs | ||||||
9 | after a placement disruption or an adoption dissolution. | ||||||
10 | "Secondary placement" does not mean secondary placements | ||||||
11 | arising due to the death of the adoptive parent of the child. | ||||||
12 | CC. "Adoption dissolution" means a circumstance where the | ||||||
13 | child is removed from an adoptive placement after the adoption | ||||||
14 | is finalized. | ||||||
15 | DD. "Unregulated placement" means the secondary placement | ||||||
16 | of a child that occurs without the oversight of the courts, the | ||||||
17 | Department, or a licensed child welfare agency. | ||||||
18 | EE. "Post-placement and post-adoption support services" | ||||||
19 | means support services for placed or adopted children and | ||||||
20 | families that include, but are not limited to, mental health | ||||||
21 | treatment, including counseling and other support services for | ||||||
22 | emotional, behavioral, or developmental needs , and treatment | ||||||
23 | for substance abuse . | ||||||
24 | (Source: P.A. 99-49, eff. 7-15-15; 99-85, eff. 1-1-16; 99-642, | ||||||
25 | eff. 7-28-16; 99-836, eff. 1-1-17; 100-159, eff. 8-18-17.)
|
| |||||||
| |||||||
1 | (750 ILCS 50/18.9) | ||||||
2 | Sec. 18.9. Post-placement and post-adoption support | ||||||
3 | services. | ||||||
4 | (a) It is the public policy of this State to find | ||||||
5 | permanency for children through adoption and to prevent | ||||||
6 | placement disruption, adoption dissolution, and secondary | ||||||
7 | placement. Public awareness and access Access to timely, | ||||||
8 | effective post-placement and post-adoption support services to | ||||||
9 | provide support and resources for children and youth in care as | ||||||
10 | defined in Section 4d of the Children and Family Services Act, | ||||||
11 | foster families, and adoptive families is essential to promote | ||||||
12 | permanency. Public awareness of post-placement and | ||||||
13 | post-adoption services and the ability of families to utilize | ||||||
14 | effective services are essential to permanency. | ||||||
15 | (b) The Department shall establish and maintain accessible | ||||||
16 | post-placement and post-adoption support services for all | ||||||
17 | children adopted pursuant to this Act, all children residing in | ||||||
18 | this State adopted pursuant to the Interstate Compact on the | ||||||
19 | Placement of Children, all children residing in this State | ||||||
20 | adopted pursuant to the Intercountry Adoption Act of 2000, and | ||||||
21 | all former youth in care, as defined by the Children and Family | ||||||
22 | Services Act, who have been placed in a guardianship . | ||||||
23 | (b-5) The Department shall establish and maintain a | ||||||
24 | toll-free number to respond to requests from the public about | ||||||
25 | its post-placement and post-adoption support services under | ||||||
26 | subsection (b) and shall staff the toll-free number so that |
| |||||||
| |||||||
1 | calls are answered on a timely basis, but in no event more than | ||||||
2 | 24 hours from the receipt of a request. | ||||||
3 | (c) The Department shall publicize post information about | ||||||
4 | the Department's post-placement and post-adoption support | ||||||
5 | services pursuant to subsection (b) and the toll-free number | ||||||
6 | pursuant to subsection (b-5) as follows: | ||||||
7 | (1) it shall post information on the Department's | ||||||
8 | website ; and | ||||||
9 | (2) it shall provide the information to every licensed | ||||||
10 | child welfare agency, every out of State placement agency | ||||||
11 | or entity approved under Section 4.1 of this Act, and any | ||||||
12 | entity providing adoption support services in the Illinois | ||||||
13 | courts ; . | ||||||
14 | (3) it The Department's post-placement and | ||||||
15 | post-adoption support services shall reference such | ||||||
16 | information be referenced in the information regarding | ||||||
17 | adoptive parents' rights and responsibilities document | ||||||
18 | that the Department publishes and that is provided provides | ||||||
19 | to adoptive parents under this Act and the Child Care Act . | ||||||
20 | (4) it shall provide the information, including the | ||||||
21 | Illinois Post Adoption and Guardianship Services booklet, | ||||||
22 | to prospective adoptive parents and guardians as part of | ||||||
23 | its adoption and guardianship training and at the time they | ||||||
24 | are presented with the Permanency Commitment form; and | ||||||
25 | (5) it shall include, in each annual notification | ||||||
26 | letter mailed to adoptive parents and guardians, a short, |
| |||||||
| |||||||
1 | 2-sided flier or news bulletin in plain language that | ||||||
2 | describes access to post-placement and post-adoption | ||||||
3 | services, how to access Medicaid and Individual Care Grant | ||||||
4 | or Family Support Program services, the webpage address to | ||||||
5 | Illinois' Post Adoption and Guardianship Services booklet, | ||||||
6 | information on how to request that a copy of the booklet be | ||||||
7 | mailed, and a sticker or magnet that includes the toll-free | ||||||
8 | number to access the Department's post-placement and | ||||||
9 | post-adoption support services. The Department shall | ||||||
10 | establish and maintain a toll-free number to advise the | ||||||
11 | public about its post-placement and post-adoption support | ||||||
12 | services and post the number on its website. | ||||||
13 | (c-5) The Department shall review and update annually all | ||||||
14 | information relating to its post-placement and post-adoption | ||||||
15 | support services, including its Post Adoption and Guardianship | ||||||
16 | Services booklet, to include updated information on Individual | ||||||
17 | Care Group or Family Support Program services eligibility and | ||||||
18 | the post-placement and post-adoption support services that are | ||||||
19 | available through the Medicaid program or any other State | ||||||
20 | program for mental health services. The Department and the | ||||||
21 | Department of Healthcare and Family Services shall coordinate | ||||||
22 | their efforts in the development of resources described in this | ||||||
23 | subsection. | ||||||
24 | (d) Every licensed child welfare agency, every entity | ||||||
25 | approved under Section 4.1 of this Act, and any entity | ||||||
26 | providing adoption support services in the Illinois courts |
| |||||||
| |||||||
1 | shall provide the Department's website address and link to the | ||||||
2 | Department's post-placement and post-adoption support services | ||||||
3 | information set forth in subsection (c) of this Section, | ||||||
4 | including the Department's toll-free number, to every adoptive | ||||||
5 | parent , prospective adoptive parent, and guardian with whom | ||||||
6 | they work in Illinois. This information shall be provided prior | ||||||
7 | to placement. | ||||||
8 | (e) Beginning one year after the effective date of this | ||||||
9 | amendatory Act of the 101st 99th General Assembly, the | ||||||
10 | Department shall report annually to the General Assembly on | ||||||
11 | January 15 the following information for the preceding year: | ||||||
12 | (1) a description of all post-placement and | ||||||
13 | post-adoption support services the Department provides; | ||||||
14 | (2) without identifying the names of the recipients of | ||||||
15 | the services, the number of guardians foster parents , | ||||||
16 | prospective adoptive parents, and adoptive families in | ||||||
17 | Illinois who have received the Department's post-placement | ||||||
18 | and post-adoption support services and the type of services | ||||||
19 | provided and for each, the length of time between the | ||||||
20 | initial contact to the Department to request | ||||||
21 | post-placement and post-adoption support services and the | ||||||
22 | first receipt of services, and the type of services | ||||||
23 | received ; | ||||||
24 | (3) the number of families who have contacted the | ||||||
25 | Department about its post-placement and post-adoption | ||||||
26 | support services due to a potential placement disruption, |
| |||||||
| |||||||
1 | adoption dissolution, secondary placement, or unregulated | ||||||
2 | placement, but for whom the Department declined to provide | ||||||
3 | post-placement and post-adoption support services and the | ||||||
4 | reasons that services were denied; and | ||||||
5 | (4) the number of placement disruptions, adoption | ||||||
6 | dissolutions, unregulated placements, and secondary | ||||||
7 | placements, and for each one: | ||||||
8 | (A) the type of placement or adoption, including | ||||||
9 | whether the child who was the subject of the placement | ||||||
10 | was a youth in care as defined in Section 4d of the | ||||||
11 | Children and Family Services Act, and if the child was | ||||||
12 | not a youth in care, whether the adoption was a | ||||||
13 | private, agency, agency-assisted, interstate, or | ||||||
14 | intercountry adoption; | ||||||
15 | (B) if the placement or adoption was intercountry, | ||||||
16 | the country of birth of the child; | ||||||
17 | (C) whether the child who was the subject of the | ||||||
18 | placement disruption, adoption dissolution, | ||||||
19 | unregulated placement, or secondary placement entered | ||||||
20 | State custody; | ||||||
21 | (D) the length of the placement prior to the | ||||||
22 | placement disruption, adoption dissolution, | ||||||
23 | unregulated placement, or secondary placement; | ||||||
24 | (E) the age of the child at the time of the | ||||||
25 | placement disruption, adoption dissolution, | ||||||
26 | unregulated placement, or secondary placement; |
| |||||||
| |||||||
1 | (F) the reason, if known, for the placement | ||||||
2 | disruption, adoption dissolution, unregulated | ||||||
3 | placement, or secondary placement; and | ||||||
4 | (G) if a licensed child welfare agency or any | ||||||
5 | approved out of State placing entity participated in | ||||||
6 | the initial placement, and, if applicable, the name of | ||||||
7 | the agency or approved out of State placing entity ; | ||||||
8 | and . | ||||||
9 | (5) a description of the coordination between the | ||||||
10 | Department and the Department of Healthcare and Family | ||||||
11 | Services to develop resources under this subsection, | ||||||
12 | including, but not limited to, a description of the goals | ||||||
13 | of such coordination and whether the goals have been met.
| ||||||
14 | (Source: P.A. 99-49, eff. 7-15-15; 100-159, eff. 8-18-17.)
|