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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.
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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,
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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 |
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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.
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11 | | C. "Agency" for the purpose of this Act means a public |
12 | | child welfare agency
or a licensed child welfare agency.
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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
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19 | | accordance with the Abandoned Newborn Infant Protection Act:
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20 | | (a) Abandonment of the child.
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21 | | (a-1) Abandonment of a newborn infant in a hospital.
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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.
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25 | | (b) Failure to maintain a reasonable degree of |
26 | | interest, concern or
responsibility as to the child's |
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1 | | welfare.
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2 | | (c) Desertion of the child for more than 3 months next |
3 | | preceding the
commencement of the Adoption proceeding.
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4 | | (d) Substantial neglect
of the
child if continuous or |
5 | | repeated.
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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.
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9 | | (e) Extreme or repeated cruelty to the child.
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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:
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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
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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 |
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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).
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4 | | (g) Failure to protect the child from conditions within |
5 | | his environment
injurious to the child's welfare.
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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.
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15 | | (i) Depravity. Conviction of any one of the following
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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)
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24 | | first degree murder or second degree murder of any child in
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25 | | violation of the Criminal Code of 1961 or the Criminal Code |
26 | | of 2012; (3)
attempt or conspiracy to commit first degree |
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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)
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3 | | solicitation to commit murder of any child, solicitation to
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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)
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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.
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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
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17 | | United States territory; and at least
one of these
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18 | | convictions took place within 5 years of the filing of the |
19 | | petition or motion
seeking termination of parental rights.
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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 |
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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).
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4 | | (j) Open and notorious adultery or fornication.
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5 | | (j-1) (Blank).
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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.
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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
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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
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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.
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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.
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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 |
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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.
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9 | | (m-1) (Blank).
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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 |
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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
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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.
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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
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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).
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26 | | It shall be an affirmative defense to any allegation |
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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
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5 | | preponderance of the evidence.
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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.
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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
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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.
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23 | | (q) (Blank).
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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 |
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1 | | criminal conviction at the time the petition or motion for
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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.
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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.
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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
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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.
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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.
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21 | | F. A person is available for adoption when the person is:
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22 | | (a) a child who has been surrendered for adoption to an |
23 | | agency and to
whose adoption the agency has thereafter |
24 | | consented;
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25 | | (b) a child to whose adoption a person authorized by |
26 | | law, other than his
parents, has consented, or to whose |
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1 | | adoption no consent is required pursuant
to Section 8 of |
2 | | this Act;
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3 | | (c) a child who is in the custody of persons who intend |
4 | | to adopt him
through placement made by his parents;
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5 | | (c-1) a child for whom a parent has signed a specific |
6 | | consent pursuant
to subsection O of Section 10;
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7 | | (d) an adult who meets the conditions set forth in |
8 | | Section 3 of this
Act; or
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9 | | (e) a child who has been relinquished as defined in |
10 | | Section 10 of the
Abandoned Newborn Infant Protection Act.
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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.
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14 | | G. The singular includes the plural and the plural includes
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15 | | the singular and the "male" includes the "female", as the |
16 | | context of this
Act may require.
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17 | | H. (Blank).
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18 | | I. "Habitual residence" has the meaning ascribed to it in |
19 | | the federal Intercountry Adoption Act of 2000 and regulations |
20 | | promulgated thereunder.
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21 | | J. "Immediate relatives" means the biological parents, the |
22 | | parents of
the biological parents and siblings of the |
23 | | biological parents.
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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 |
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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.
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4 | | L. (Blank).
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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.
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10 | | N. (Blank).
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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
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14 | | prior to the placement of a child in an adoptive home.
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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:
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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;
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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 |
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1 | | physical or emotional health, or loss or
impairment of any |
2 | | bodily function;
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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;
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7 | | (d) commits or allows to be committed an act or acts of |
8 | | torture upon
the child; or
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9 | | (e) inflicts excessive corporal punishment.
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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
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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.
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23 | | A child shall not be considered neglected or abused for the
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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 |
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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.
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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.
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17 | | S. "Standby adoption" means an adoption in which a parent
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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
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21 | | for the entry of a final judgment of adoption.
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22 | | T. (Blank).
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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. |
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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. |
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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. |
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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.)
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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 |
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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, |
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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 |
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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, |
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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; |
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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.
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14 | | (Source: P.A. 99-49, eff. 7-15-15; 100-159, eff. 8-18-17.)
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