| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
1 | AN ACT concerning health.
| |||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||||||||
4 | Section 5. The School Code is amended by changing Section | |||||||||||||||||||||||||||||||||
5 | 27-8.1 as follows: | |||||||||||||||||||||||||||||||||
6 | (105 ILCS 5/27-8.1) (from Ch. 122, par. 27-8.1) | |||||||||||||||||||||||||||||||||
7 | Sec. 27-8.1. Health examinations and immunizations. | |||||||||||||||||||||||||||||||||
8 | (1) In compliance with rules and regulations which the | |||||||||||||||||||||||||||||||||
9 | Department of Public
Health shall promulgate, and except as | |||||||||||||||||||||||||||||||||
10 | hereinafter provided, all children in
Illinois shall have a | |||||||||||||||||||||||||||||||||
11 | health examination as follows: within one year prior to
| |||||||||||||||||||||||||||||||||
12 | entering kindergarten or the first grade of any public, | |||||||||||||||||||||||||||||||||
13 | private, or parochial
elementary school; upon entering the | |||||||||||||||||||||||||||||||||
14 | sixth and ninth grades of any public,
private, or parochial | |||||||||||||||||||||||||||||||||
15 | school; prior to entrance into any public, private, or
| |||||||||||||||||||||||||||||||||
16 | parochial nursery school; and, irrespective of grade, | |||||||||||||||||||||||||||||||||
17 | immediately prior to or
upon entrance into any public, private, | |||||||||||||||||||||||||||||||||
18 | or parochial school or nursery school,
each child shall present | |||||||||||||||||||||||||||||||||
19 | proof of having been examined in accordance with this
Section | |||||||||||||||||||||||||||||||||
20 | and the rules and regulations promulgated hereunder. Any child | |||||||||||||||||||||||||||||||||
21 | who received a health examination within one year prior to | |||||||||||||||||||||||||||||||||
22 | entering the fifth grade for the 2007-2008 school year is not | |||||||||||||||||||||||||||||||||
23 | required to receive an additional health examination in order |
| |||||||
| |||||||
1 | to comply with the provisions of Public Act 95-422 when he or | ||||||
2 | she attends school for the 2008-2009 school year, unless the | ||||||
3 | child is attending school for the first time as provided in | ||||||
4 | this paragraph. | ||||||
5 | A tuberculosis skin test screening shall be included as a | ||||||
6 | required part of
each health examination included under this | ||||||
7 | Section if the child resides in an
area designated by the | ||||||
8 | Department of Public Health as having a high incidence
of | ||||||
9 | tuberculosis. Additional health examinations of pupils, | ||||||
10 | including eye examinations, may be required when deemed | ||||||
11 | necessary by school
authorities. Parents are encouraged to have | ||||||
12 | their children undergo eye examinations at the same points in | ||||||
13 | time required for health
examinations. | ||||||
14 | (1.5) In compliance with rules adopted by the Department of | ||||||
15 | Public Health and except as otherwise provided in this Section, | ||||||
16 | all children in kindergarten and the second, sixth, and ninth | ||||||
17 | grades of any public, private, or parochial school shall have a | ||||||
18 | dental examination. Each of these children shall present proof | ||||||
19 | of having been examined by a dentist in accordance with this | ||||||
20 | Section and rules adopted under this Section before May 15th of | ||||||
21 | the school year. If a child in the second, sixth, or ninth | ||||||
22 | grade fails to present proof by May 15th, the school may hold | ||||||
23 | the child's report card until one of the following occurs: (i) | ||||||
24 | the child presents proof of a completed dental examination or | ||||||
25 | (ii) the child presents proof that a dental examination will | ||||||
26 | take place within 60 days after May 15th. The Department of |
| |||||||
| |||||||
1 | Public Health shall establish, by rule, a waiver for children | ||||||
2 | who show an undue burden or a lack of access to a dentist. Each | ||||||
3 | public, private, and parochial school must give notice of this | ||||||
4 | dental examination requirement to the parents and guardians of | ||||||
5 | students at least 60 days before May 15th of each school year.
| ||||||
6 | (1.10) Except as otherwise provided in this Section, all | ||||||
7 | children enrolling in kindergarten in a public, private, or | ||||||
8 | parochial school on or after January 1, 2008 (the effective | ||||||
9 | date of Public Act 95-671) and any student enrolling for the | ||||||
10 | first time in a public, private, or parochial school on or | ||||||
11 | after January 1, 2008 (the effective date of Public Act 95-671) | ||||||
12 | shall have an eye examination. Each of these children shall | ||||||
13 | present proof of having been examined by a physician licensed | ||||||
14 | to practice medicine in all of its branches or a licensed | ||||||
15 | optometrist within the previous year, in accordance with this | ||||||
16 | Section and rules adopted under this Section, before October | ||||||
17 | 15th of the school year. If the child fails to present proof by | ||||||
18 | October 15th, the school may hold the child's report card until | ||||||
19 | one of the following occurs: (i) the child presents proof of a | ||||||
20 | completed eye examination or (ii) the child presents proof that | ||||||
21 | an eye examination will take place within 60 days after October | ||||||
22 | 15th. The Department of Public Health shall establish, by rule, | ||||||
23 | a waiver for children who show an undue burden or a lack of | ||||||
24 | access to a physician licensed to practice medicine in all of | ||||||
25 | its branches who provides eye examinations or to a licensed | ||||||
26 | optometrist. Each public, private, and parochial school must |
| |||||||
| |||||||
1 | give notice of this eye examination requirement to the parents | ||||||
2 | and guardians of students in compliance with rules of the | ||||||
3 | Department of Public Health. Nothing in this Section shall be | ||||||
4 | construed to allow a school to exclude a child from attending | ||||||
5 | because of a parent's or guardian's failure to obtain an eye | ||||||
6 | examination for the child.
| ||||||
7 | (2) The Department of Public Health shall promulgate rules | ||||||
8 | and regulations
specifying the examinations and procedures | ||||||
9 | that constitute a health examination, which shall include an | ||||||
10 | age-appropriate developmental screening, an age-appropriate | ||||||
11 | social and emotional screening, and the collection of data | ||||||
12 | relating to asthma and obesity
(including at a minimum, date of | ||||||
13 | birth, gender, height, weight, blood pressure, and date of | ||||||
14 | exam),
and a dental examination and may recommend by rule that | ||||||
15 | certain additional examinations be performed.
The rules and | ||||||
16 | regulations of the Department of Public Health shall specify | ||||||
17 | that
a tuberculosis skin test screening shall be included as a | ||||||
18 | required part of each
health examination included under this | ||||||
19 | Section if the child resides in an area
designated by the | ||||||
20 | Department of Public Health as having a high incidence of
| ||||||
21 | tuberculosis.
With respect to the developmental screening and | ||||||
22 | the social and emotional screening, the Department of Public | ||||||
23 | Health must, no later than January 1, 2019, develop rules and | ||||||
24 | appropriate revisions to the Child Health Examination form in | ||||||
25 | conjunction with a statewide organization representing school | ||||||
26 | boards; a statewide organization representing pediatricians; |
| |||||||
| |||||||
1 | statewide organizations representing individuals holding | ||||||
2 | Illinois educator licenses with school support personnel | ||||||
3 | endorsements, including school social workers, school | ||||||
4 | psychologists, and school nurses; a statewide organization | ||||||
5 | representing children's mental health experts; a statewide | ||||||
6 | organization representing school principals; the Director of | ||||||
7 | Healthcare and Family Services or his or her designee, the | ||||||
8 | State Superintendent of Education or his or her designee; and | ||||||
9 | representatives of other appropriate State agencies and, at a | ||||||
10 | minimum, must recommend the use of validated screening tools | ||||||
11 | appropriate to the child's age or grade, and, with regard to | ||||||
12 | the social and emotional screening, require recording only | ||||||
13 | whether or not the screening was completed. The rules shall | ||||||
14 | take into consideration the screening recommendations of the | ||||||
15 | American Academy of Pediatrics and must be consistent with the | ||||||
16 | State Board of Education's social and emotional learning | ||||||
17 | standards. The Department of Public Health shall specify that a | ||||||
18 | diabetes
screening as defined by rule shall be included as a | ||||||
19 | required part of each
health examination.
Diabetes testing is | ||||||
20 | not required. | ||||||
21 | Physicians licensed to practice medicine in all of its | ||||||
22 | branches, licensed advanced
practice registered nurses, or | ||||||
23 | licensed physician assistants shall be
responsible for the | ||||||
24 | performance of the health examinations, other than dental
| ||||||
25 | examinations, eye examinations, and vision and hearing | ||||||
26 | screening, and shall sign all report forms
required by |
| |||||||
| |||||||
1 | subsection (4) of this Section that pertain to those portions | ||||||
2 | of
the health examination for which the physician, advanced | ||||||
3 | practice registered nurse, or
physician assistant is | ||||||
4 | responsible.
If a registered
nurse performs any part of a | ||||||
5 | health examination, then a physician licensed to
practice | ||||||
6 | medicine in all of its branches must review and sign all | ||||||
7 | required
report forms. Licensed dentists shall perform all | ||||||
8 | dental examinations and
shall sign all report forms required by | ||||||
9 | subsection (4) of this Section that
pertain to the dental | ||||||
10 | examinations. Physicians licensed to practice medicine
in all | ||||||
11 | its branches or licensed optometrists shall perform all eye | ||||||
12 | examinations
required by this Section and shall sign all report | ||||||
13 | forms required by
subsection (4) of this Section that pertain | ||||||
14 | to the eye examination. For purposes of this Section, an eye | ||||||
15 | examination shall at a minimum include history, visual acuity, | ||||||
16 | subjective refraction to best visual acuity near and far, | ||||||
17 | internal and external examination, and a glaucoma evaluation, | ||||||
18 | as well as any other tests or observations that in the | ||||||
19 | professional judgment of the doctor are necessary. Vision and
| ||||||
20 | hearing screening tests, which shall not be considered | ||||||
21 | examinations as that
term is used in this Section, shall be | ||||||
22 | conducted in accordance with rules and
regulations of the | ||||||
23 | Department of Public Health, and by individuals whom the
| ||||||
24 | Department of Public Health has certified.
In these rules and | ||||||
25 | regulations, the Department of Public Health shall
require that | ||||||
26 | individuals conducting vision screening tests give a child's
|
| |||||||
| |||||||
1 | parent or guardian written notification, before the vision | ||||||
2 | screening is
conducted, that states, "Vision screening is not a | ||||||
3 | substitute for a
complete eye and vision evaluation by an eye | ||||||
4 | doctor. Your child is not
required to undergo this vision | ||||||
5 | screening if an optometrist or
ophthalmologist has completed | ||||||
6 | and signed a report form indicating that
an examination has | ||||||
7 | been administered within the previous 12 months.". | ||||||
8 | (2.5) With respect to the developmental screening and the | ||||||
9 | social and emotional screening portion of the health | ||||||
10 | examination, each child may present proof of having been | ||||||
11 | screened in accordance with this Section and the rules adopted | ||||||
12 | under this Section before October 15th of the school year. With | ||||||
13 | regard to the social and emotional screening only, the | ||||||
14 | examining health care provider shall only record whether or not | ||||||
15 | the screening was completed. If the child fails to present | ||||||
16 | proof of the developmental screening or the social and | ||||||
17 | emotional screening portions of the health examination by | ||||||
18 | October 15th of the school year, qualified school support | ||||||
19 | personnel may, with a parent's or guardian's consent, offer the | ||||||
20 | developmental screening or the social and emotional screening | ||||||
21 | to the child. Each public, private, and parochial school must | ||||||
22 | give notice of the developmental screening and social and | ||||||
23 | emotional screening requirements to the parents and guardians | ||||||
24 | of students in compliance with the rules of the Department of | ||||||
25 | Public Health. Nothing in this Section shall be construed to | ||||||
26 | allow a school to exclude a child from attending because of a |
| |||||||
| |||||||
1 | parent's or guardian's failure to obtain a developmental | ||||||
2 | screening or a social and emotional screening for the child. | ||||||
3 | Once a developmental screening or a social and emotional | ||||||
4 | screening is completed and proof has been presented to the | ||||||
5 | school, the school may, with a parent's or guardian's consent, | ||||||
6 | make available appropriate school personnel to work with the | ||||||
7 | parent or guardian, the child, and the provider who signed the | ||||||
8 | screening form to obtain any appropriate evaluations and | ||||||
9 | services as indicated on the form and in other information and | ||||||
10 | documentation provided by the parents, guardians, or provider. | ||||||
11 | (3) Every child shall, at or about the same time as he or | ||||||
12 | she receives
a health examination required by subsection (1) of | ||||||
13 | this Section, present
to the local school proof of having | ||||||
14 | received such immunizations against
preventable communicable | ||||||
15 | diseases as the Department of Public Health shall
require by | ||||||
16 | rules and regulations promulgated pursuant to this Section and | ||||||
17 | the
Communicable Disease Prevention Act. | ||||||
18 | (4) The individuals conducting the health examination,
| ||||||
19 | dental examination, or eye examination shall record the
fact of | ||||||
20 | having conducted the examination, and such additional | ||||||
21 | information as
required, including for a health examination
| ||||||
22 | data relating to asthma and obesity
(including at a minimum, | ||||||
23 | date of birth, gender, height, weight, blood pressure, and date | ||||||
24 | of exam), on uniform forms which the Department of Public | ||||||
25 | Health and the State
Board of Education shall prescribe for | ||||||
26 | statewide use. The examiner shall
summarize on the report form |
| |||||||
| |||||||
1 | any condition that he or she suspects indicates a
need for | ||||||
2 | special services, including for a health examination factors | ||||||
3 | relating to asthma or obesity. The duty to summarize on the | ||||||
4 | report form does not apply to social and emotional screenings. | ||||||
5 | The confidentiality of the information and records relating to | ||||||
6 | the developmental screening and the social and emotional | ||||||
7 | screening shall be determined by the statutes, rules, and | ||||||
8 | professional ethics governing the type of provider conducting | ||||||
9 | the screening. The individuals confirming the administration | ||||||
10 | of
required immunizations shall record as indicated on the form | ||||||
11 | that the
immunizations were administered. | ||||||
12 | (5) If a child does not submit proof of having had either | ||||||
13 | the health
examination or the immunization as required, then | ||||||
14 | the child shall be examined
or receive the immunization, as the | ||||||
15 | case may be, and present proof by October
15 of the current | ||||||
16 | school year, or by an earlier date of the current school year
| ||||||
17 | established by a school district. To establish a date before | ||||||
18 | October 15 of the
current school year for the health | ||||||
19 | examination or immunization as required, a
school district must | ||||||
20 | give notice of the requirements of this Section 60 days
prior | ||||||
21 | to the earlier established date. If for medical reasons one or | ||||||
22 | more of
the required immunizations must be given after October | ||||||
23 | 15 of the current school
year, or after an earlier established | ||||||
24 | date of the current school year, then
the child shall present, | ||||||
25 | by October 15, or by the earlier established date, a
schedule | ||||||
26 | for the administration of the immunizations and a statement of |
| |||||||
| |||||||
1 | the
medical reasons causing the delay, both the schedule and | ||||||
2 | the statement being
issued by the physician, advanced practice | ||||||
3 | registered nurse, physician assistant,
registered nurse, or | ||||||
4 | local health department that will
be responsible for | ||||||
5 | administration of the remaining required immunizations. If
a | ||||||
6 | child does not comply by October 15, or by the earlier | ||||||
7 | established date of
the current school year, with the | ||||||
8 | requirements of this subsection, then the
local school | ||||||
9 | authority shall exclude that child from school until such time | ||||||
10 | as
the child presents proof of having had the health | ||||||
11 | examination as required and
presents proof of having received | ||||||
12 | those required immunizations which are
medically possible to | ||||||
13 | receive immediately. During a child's exclusion from
school for | ||||||
14 | noncompliance with this subsection, the child's parents or | ||||||
15 | legal
guardian shall be considered in violation of Section 26-1 | ||||||
16 | and subject to any
penalty imposed by Section 26-10. This | ||||||
17 | subsection (5) does not apply to dental examinations, eye | ||||||
18 | examinations, and the developmental screening and the social | ||||||
19 | and emotional screening portions of the health examination. If | ||||||
20 | the student is an out-of-state transfer student and does not | ||||||
21 | have the proof required under this subsection (5) before | ||||||
22 | October 15 of the current year or whatever date is set by the | ||||||
23 | school district, then he or she may only attend classes (i) if | ||||||
24 | he or she has proof that an appointment for the required | ||||||
25 | vaccinations has been scheduled with a party authorized to | ||||||
26 | submit proof of the required vaccinations. If the proof of |
| |||||||
| |||||||
1 | vaccination required under this subsection (5) is not submitted | ||||||
2 | within 30 days after the student is permitted to attend | ||||||
3 | classes, then the student is not to be permitted to attend | ||||||
4 | classes until proof of the vaccinations has been properly | ||||||
5 | submitted. No school district or employee of a school district | ||||||
6 | shall be held liable for any injury or illness to another | ||||||
7 | person that results from admitting an out-of-state transfer | ||||||
8 | student to class that has an appointment scheduled pursuant to | ||||||
9 | this subsection (5). | ||||||
10 | (6) Every school shall report to the State Board of | ||||||
11 | Education by November
15, in the manner which that agency shall | ||||||
12 | require, the number of children who
have received the necessary | ||||||
13 | immunizations and the health examination (other than a dental | ||||||
14 | examination or eye examination) as
required, indicating, of | ||||||
15 | those who have not received the immunizations and
examination | ||||||
16 | as required, the number of children who are exempt from health
| ||||||
17 | examination and immunization requirements on religious or | ||||||
18 | medical grounds as
provided in subsection (8). On or before | ||||||
19 | December 1 of each year, every public school district and | ||||||
20 | registered nonpublic school shall make publicly available the | ||||||
21 | immunization data they are required to submit to the State | ||||||
22 | Board of Education by November 15. The immunization data made | ||||||
23 | publicly available must be identical to the data the school | ||||||
24 | district or school has reported to the State Board of | ||||||
25 | Education. | ||||||
26 | Every school shall report to the State Board of Education |
| |||||||
| |||||||
1 | by June 30, in the manner that the State Board requires, the | ||||||
2 | number of children who have received the required dental | ||||||
3 | examination, indicating, of those who have not received the | ||||||
4 | required dental examination, the number of children who are | ||||||
5 | exempt from the dental examination on religious grounds as | ||||||
6 | provided in subsection (8) of this Section and the number of | ||||||
7 | children who have received a waiver under subsection (1.5) of | ||||||
8 | this Section. | ||||||
9 | Every school shall report to the State Board of Education | ||||||
10 | by June 30, in the manner that the State Board requires, the | ||||||
11 | number of children who have received the required eye | ||||||
12 | examination, indicating, of those who have not received the | ||||||
13 | required eye examination, the number of children who are exempt | ||||||
14 | from the eye examination as provided in subsection (8) of this | ||||||
15 | Section, the number of children who have received a waiver | ||||||
16 | under subsection (1.10) of this Section, and the total number | ||||||
17 | of children in noncompliance with the eye examination | ||||||
18 | requirement. | ||||||
19 | The reported information under this subsection (6) shall be | ||||||
20 | provided to the
Department of Public Health by the State Board | ||||||
21 | of Education. | ||||||
22 | (7) Upon determining that the number of pupils who are | ||||||
23 | required to be in
compliance with subsection (5) of this | ||||||
24 | Section is below 90% of the number of
pupils enrolled in the | ||||||
25 | school district, 10% of each State aid payment made
pursuant to | ||||||
26 | Section 18-8.05 or 18-8.15 to the school district for such year |
| |||||||
| |||||||
1 | may be withheld
by the State Board of Education until the | ||||||
2 | number of students in compliance with
subsection (5) is the | ||||||
3 | applicable specified percentage or higher. | ||||||
4 | (8) Children of parents or legal guardians who object to | ||||||
5 | health, dental, or eye examinations or any part thereof, to | ||||||
6 | immunizations, or to vision and hearing screening tests on | ||||||
7 | religious grounds shall not be required to undergo the | ||||||
8 | examinations, tests, or immunizations to which they so object | ||||||
9 | if such parents or legal guardians present to the appropriate | ||||||
10 | local school authority a signed Certificate of Religious | ||||||
11 | Exemption detailing the grounds for objection and the specific | ||||||
12 | immunizations, tests, or examinations to which they object. The | ||||||
13 | grounds for objection must set forth the specific religious | ||||||
14 | belief that conflicts with the examination, test, | ||||||
15 | immunization, or other medical intervention. The signed | ||||||
16 | certificate shall also reflect the parent's or legal guardian's | ||||||
17 | understanding of the school's exclusion policies in the case of | ||||||
18 | a vaccine-preventable disease outbreak or exposure. The | ||||||
19 | certificate must also be signed by the authorized examining | ||||||
20 | health care provider responsible for the performance of the | ||||||
21 | child's health examination confirming that the provider | ||||||
22 | provided education to the parent or legal guardian on the | ||||||
23 | benefits of immunization and the health risks to the student | ||||||
24 | and to the community of the communicable diseases for which | ||||||
25 | immunization is required in this State. However, the health | ||||||
26 | care provider's signature on the certificate reflects only that |
| |||||||
| |||||||
1 | education was provided and does not allow a health care | ||||||
2 | provider grounds to determine a religious exemption. Those | ||||||
3 | receiving immunizations required under this Code shall be | ||||||
4 | provided with the relevant vaccine information statements that | ||||||
5 | are required to be disseminated by the federal National | ||||||
6 | Childhood Vaccine Injury Act of 1986, which may contain | ||||||
7 | information on circumstances when a vaccine should not be | ||||||
8 | administered, prior to administering a vaccine. A healthcare | ||||||
9 | provider may consider including without limitation the | ||||||
10 | nationally accepted recommendations from federal agencies such | ||||||
11 | as the Advisory Committee on Immunization Practices (ACIP) , the | ||||||
12 | information outlined in the relevant vaccine information | ||||||
13 | statement, and vaccine package inserts, along with the | ||||||
14 | healthcare provider's clinical judgment, to determine whether | ||||||
15 | any child may be exempted from required immunizations based on | ||||||
16 | ACIP-defined contraindications more susceptible to | ||||||
17 | experiencing an adverse vaccine reaction than the general | ||||||
18 | population , and, if so, the healthcare provider may exempt the | ||||||
19 | child from an immunization or adopt an individualized | ||||||
20 | immunization schedule. The child's medical exemption shall be | ||||||
21 | re-certified by the healthcare provider each school year. The | ||||||
22 | Department of Public Health shall adopt administrative rules to | ||||||
23 | exclude unvaccinated children when a school's vaccination rate | ||||||
24 | per disease falls below the scientifically established herd | ||||||
25 | immunity level in accordance with the Department's rules under | ||||||
26 | 77 Ill. Adm. Code 690. The Certificate of Religious Exemption |
| |||||||
| |||||||
1 | shall be created by the Department of Public Health and shall | ||||||
2 | be made available and used by parents and legal guardians by | ||||||
3 | the beginning of the 2015-2016 school year. Parents or legal | ||||||
4 | guardians must submit the Certificate of Religious Exemption to | ||||||
5 | their local school authority prior to entering kindergarten, | ||||||
6 | sixth grade, and ninth grade for each child for which they are | ||||||
7 | requesting an exemption. The religious objection stated need | ||||||
8 | not be directed by the tenets of an established religious | ||||||
9 | organization. However, general philosophical or moral | ||||||
10 | reluctance to allow physical examinations, eye examinations, | ||||||
11 | immunizations, vision and hearing screenings, or dental | ||||||
12 | examinations does not provide a sufficient basis for an | ||||||
13 | exception to statutory requirements. The local school | ||||||
14 | authority is responsible for determining if
the content of the | ||||||
15 | Certificate of Religious Exemption
constitutes a valid | ||||||
16 | religious objection.
The local school authority shall inform | ||||||
17 | the parent or legal guardian of exclusion procedures, in | ||||||
18 | accordance with the Department's rules under Part 690 of Title | ||||||
19 | 77 of the Illinois Administrative Code, at the time the | ||||||
20 | objection is presented. | ||||||
21 | If the physical condition
of the child is such that any one | ||||||
22 | or more of the immunizing agents should not
be administered, | ||||||
23 | the examining physician, advanced practice registered nurse, | ||||||
24 | or
physician assistant responsible for the performance of the
| ||||||
25 | health examination shall endorse that fact upon the health | ||||||
26 | examination form. |
| |||||||
| |||||||
1 | A medical exemption from immunizations Exempting a child | ||||||
2 | from the health,
dental, or eye examination does not exempt the | ||||||
3 | child from
participation in the program of physical education | ||||||
4 | training provided in
Sections 27-5 through 27-7 of this Code. | ||||||
5 | (8.5) The school board of a school district shall include | ||||||
6 | informational materials regarding influenza and influenza | ||||||
7 | vaccinations and meningococcal disease and meningococcal | ||||||
8 | vaccinations developed, provided, or approved by the | ||||||
9 | Department of Public Health under Section 2310-700 of the | ||||||
10 | Department of Public Health Powers and Duties Law of the Civil | ||||||
11 | Administrative Code of Illinois when the board provides | ||||||
12 | information on immunizations, infectious diseases, | ||||||
13 | medications, or other school health issues to the parents or | ||||||
14 | guardians of students. | ||||||
15 | (9) For the purposes of this Section, "nursery schools" | ||||||
16 | means those nursery
schools operated by elementary school | ||||||
17 | systems or secondary level school units
or institutions of | ||||||
18 | higher learning. | ||||||
19 | (Source: P.A. 100-238, eff. 1-1-18; 100-465, eff. 8-31-17; | ||||||
20 | 100-513, eff. 1-1-18; 100-829, eff. 1-1-19; 100-863, eff. | ||||||
21 | 8-14-18; 100-977, eff. 1-1-19; 100-1011, eff. 8-21-18; 101-81, | ||||||
22 | eff. 7-12-19.) | ||||||
23 | Section 10. The College Student Immunization Act is amended | ||||||
24 | by changing Section 3 as follows:
|
| |||||||
| |||||||
1 | (110 ILCS 20/3) (from Ch. 144, par. 2603)
| ||||||
2 | Sec. 3. Exceptions.
| ||||||
3 | (a) The provisions of this Act shall not apply
to: (1) | ||||||
4 | persons enrolled in a post-secondary educational institution | ||||||
5 | on or
before the effective date of this Act; (2) persons | ||||||
6 | enrolled less than
half-time during a term or semester; or (3) | ||||||
7 | persons
whose instruction solely
involves research, field work | ||||||
8 | or study outside of a classroom environment.
| ||||||
9 | (b) No proof of immunization shall be required if a | ||||||
10 | physician licensed
to practice medicine in all of its branches | ||||||
11 | certifies that any immunization
required by the Department is | ||||||
12 | medically contraindicated.
| ||||||
13 | (c) (Blank) No proof of immunization shall be required if | ||||||
14 | the person or his or
her parent or guardian presents a signed | ||||||
15 | statement that he or she objects
to immunizations on religious | ||||||
16 | grounds.
| ||||||
17 | (d) The certificate of medical exemption or statement of | ||||||
18 | religious
objection required by this Section shall be presented | ||||||
19 | to the
post-secondary educational institution.
| ||||||
20 | (Source: P.A. 85-1315; 86-1406.)
| ||||||
21 | Section 15. The Consent by Minors to Health Care Services | ||||||
22 | Act is amended by adding Section 4.5 as follows: | ||||||
23 | (410 ILCS 210/4.5 new) | ||||||
24 | Sec. 4.5. Immunization. Notwithstanding any other |
| |||||||
| |||||||
1 | provision of law to the contrary, a minor who is 14 years of | ||||||
2 | age or older shall have the right to have administered to the | ||||||
3 | minor, by a licensed health care provider or properly | ||||||
4 | authorized pharmacist in Illinois, an adequate dose or doses of | ||||||
5 | an immunizing agent, vaccine, or booster shot for communicable | ||||||
6 | diseases, including, but not limited to, poliomyelitis, mumps, | ||||||
7 | measles, diphtheria, rubella, varicella, Haemophilus influenza | ||||||
8 | type b (Hib), pertussis, tetanus, pneumococcal disease, | ||||||
9 | meningococcal disease, human papillomavirus (HPV), hepatitis | ||||||
10 | B, or influenza, regardless of whether the minor's parent or | ||||||
11 | guardian consents to the administration of the immunizing | ||||||
12 | agent, vaccine, or booster shot. If the minor's parent or | ||||||
13 | guardian does not consent, the minor shall be deemed to have | ||||||
14 | the same legal capacity to act and the same powers and | ||||||
15 | obligations as a person of legal age of majority. The consent | ||||||
16 | of the minor to the administration of an immunizing agent, | ||||||
17 | vaccine, or booster shot shall be valid and binding as if the | ||||||
18 | minor had attained the age of majority. The consent shall not | ||||||
19 | be voidable or subject to later disaffirmance because of | ||||||
20 | minority. | ||||||
21 | Section 20. The Communicable Disease Prevention Act is | ||||||
22 | amended by changing Sections 1.5 and 2 as follows: | ||||||
23 | (410 ILCS 315/1.5) | ||||||
24 | Sec. 1.5. Pneumococcal conjugate vaccine. Notwithstanding |
| |||||||
| |||||||
1 | Section 2 of this Act, within 30 days of the effective date of | ||||||
2 | this amendatory Act of the 95th General Assembly, the | ||||||
3 | Department shall promulgate rules and regulations, and shall | ||||||
4 | submit those rules and regulations in accordance with the | ||||||
5 | rulemaking first notice requirements under Section 5-40 of the | ||||||
6 | Illinois Administrative Procedure Act, requiring the | ||||||
7 | age-appropriate series of pneumococcal conjugate vaccine, as | ||||||
8 | recommended by the Advisory Committee on Immunization | ||||||
9 | Practices of the Centers for Disease Control and Prevention, to | ||||||
10 | a child younger than 2 years of age who is enrolled or | ||||||
11 | enrolling in a licensed child care facility, as that term is | ||||||
12 | defined in the Child Care Act of 1969. The Department shall | ||||||
13 | also establish protocols for children younger
than 2 years of | ||||||
14 | age to catch up on missed doses. A child care
facility must be | ||||||
15 | able to furnish proof of compliance with this Section for all | ||||||
16 | children at the facility, beginning January 1, 2008. | ||||||
17 | The provisions of this Section shall not apply if : | ||||||
18 | (1) the parent or guardian of the child objects thereto | ||||||
19 | on the grounds that the administration of immunizing agents | ||||||
20 | conflicts with his or her religious tenets or practices; or | ||||||
21 | (2) a physician employed by the parent or guardian to | ||||||
22 | provide care and treatment to the child states that the | ||||||
23 | physical condition of the child is such that the | ||||||
24 | administration of the required immunizing agent would be | ||||||
25 | detrimental to the health of the child.
| ||||||
26 | (Source: P.A. 95-159, eff. 8-14-07.)
|
| |||||||
| |||||||
1 | (410 ILCS 315/2) (from Ch. 111 1/2, par. 22.12)
| ||||||
2 | Sec. 2.
The Department of Public Health shall promulgate | ||||||
3 | rules and
regulations requiring immunization of children | ||||||
4 | against preventable communicable
diseases designated by the | ||||||
5 | Director. Before any regulation or amendment
thereto is | ||||||
6 | prescribed, the Department shall conduct a public hearing
| ||||||
7 | regarding such regulation.
In addition, before any regulation | ||||||
8 | or any amendment to a regulation is
adopted,
and after the | ||||||
9 | Immunization Advisory Committee has made its recommendations,
| ||||||
10 | the State Board of Health shall conduct 3 public hearings,
| ||||||
11 | geographically
distributed throughout the State, regarding the | ||||||
12 | regulation or amendment to the
regulation. At the conclusion of | ||||||
13 | the hearings, the State Board of Health shall
issue a report, | ||||||
14 | including its recommendations, to the Director. The Director
| ||||||
15 | shall take into consideration any comments or recommendations | ||||||
16 | made by the Board
based on these hearings.
The Department may | ||||||
17 | prescribe additional rules
and regulations for immunization of | ||||||
18 | other diseases as vaccines are
developed.
| ||||||
19 | The provisions of this Act shall not apply if a :
| ||||||
20 | 1. The parent or guardian of the child objects thereto on | ||||||
21 | the grounds
that the administration of immunizing agents | ||||||
22 | conflicts with his religious
tenets or practices or,
| ||||||
23 | 2. A physician employed by the parent or guardian to | ||||||
24 | provide care and
treatment to the child states that the | ||||||
25 | physical condition of the child is
such that the administration |
| |||||||
| |||||||
1 | of one or more of the required immunizing
agents would be | ||||||
2 | detrimental to the health of the child.
| ||||||
3 | (Source: P.A. 90-607, eff. 6-30-98.)
| ||||||
4 | Section 25. The Immunization Data Registry Act is amended | ||||||
5 | by changing Section 15 as follows: | ||||||
6 | (410 ILCS 527/15)
| ||||||
7 | Sec. 15. Provision of immunization data to registry; | ||||||
8 | exemption forms;
written information on immunization registry.
| ||||||
9 | (a) A health care provider, physician's designee, or | ||||||
10 | pharmacist's
designee shall may provide immunization data to be | ||||||
11 | entered into the immunization data
registry in a manner | ||||||
12 | prescribed by the Department and for the
purposes allowed under | ||||||
13 | this Act unless the patient or the patient's parent or | ||||||
14 | guardian, if the patient is less than 14
18 years of age,
has | ||||||
15 | completed and filed with the provider, physician's designee, or
| ||||||
16 | pharmacist's designee a written immunization data exemption | ||||||
17 | form. | ||||||
18 | (b) The Department shall create and provide copies of
| ||||||
19 | immunization data exemption forms to health care providers who | ||||||
20 | are authorized to
administer immunizations and
individuals
who | ||||||
21 | request the form.
The forms shall also be accessible from the | ||||||
22 | immunization data registry system itself. | ||||||
23 | (c) The Department shall distribute to health care | ||||||
24 | providers, upon
request, written information to be |
| |||||||
| |||||||
1 | disseminated to patients that
describes the immunization data | ||||||
2 | registry. The written information
and the immunization data | ||||||
3 | exemption forms must include all of the following information:
| ||||||
4 | (1) A description of the immunization data registry and | ||||||
5 | its purpose. | ||||||
6 | (2) That the health care provider shall may report | ||||||
7 | immunization data to the Department to be entered into the
| ||||||
8 | immunization data registry.
| ||||||
9 | (3) That the patient or the patient's parent or | ||||||
10 | guardian, if the
patient is less than 14 18 years of age, | ||||||
11 | has a right to
exempt disclosure of immunization data to | ||||||
12 | the registry and may
prevent disclosure by signing an | ||||||
13 | immunization data exemption
form.
| ||||||
14 | (4) That the patient or the patient's parent or | ||||||
15 | guardian, if the
patient is less than 14 18 years of age, | ||||||
16 | may have the
individual's information removed from the | ||||||
17 | immunization data
registry.
| ||||||
18 | (5) Instructions on how to have the information | ||||||
19 | removed.
| ||||||
20 | (Source: P.A. 97-117, eff. 7-14-11.) | ||||||
21 | Section 30. The Adoption Act is amended by changing Section | ||||||
22 | 1 as follows:
| ||||||
23 | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| ||||||
24 | Sec. 1. Definitions. When used in this Act, unless the |
| |||||||
| |||||||
1 | context
otherwise requires:
| ||||||
2 | A. "Child" means a person under legal age subject to | ||||||
3 | adoption under
this Act.
| ||||||
4 | B. "Related child" means a child subject to adoption where | ||||||
5 | either or both of
the adopting parents stands in any of the | ||||||
6 | following relationships to the child
by blood, marriage, | ||||||
7 | adoption, or civil union: parent, grand-parent, | ||||||
8 | great-grandparent, brother, sister, step-parent,
| ||||||
9 | step-grandparent, step-brother, step-sister, uncle, aunt, | ||||||
10 | great-uncle,
great-aunt, first cousin, or second cousin. A | ||||||
11 | person is related to the child as a first cousin or second | ||||||
12 | cousin if they are both related to the same ancestor as either | ||||||
13 | grandchild or great-grandchild. A child whose parent has | ||||||
14 | executed
a consent to adoption, a surrender, or a waiver | ||||||
15 | pursuant to Section 10 of this Act or whose parent has signed a | ||||||
16 | denial of paternity pursuant to Section 12 of the Vital Records | ||||||
17 | Act or Section 12a of this Act, or whose parent has had his or | ||||||
18 | her parental rights
terminated, is not a related child to that | ||||||
19 | person, unless (1) the consent is
determined to be void or is | ||||||
20 | void pursuant to subsection O of Section 10 of this Act;
or (2) | ||||||
21 | the parent of the child executed a consent to adoption by a | ||||||
22 | specified person or persons pursuant to subsection A-1 of | ||||||
23 | Section 10 of this Act and a court of competent jurisdiction | ||||||
24 | finds that such consent is void; or (3) the order terminating | ||||||
25 | the parental rights of the parent is vacated by a court of | ||||||
26 | competent jurisdiction.
|
| |||||||
| |||||||
1 | C. "Agency" for the purpose of this Act means a public | ||||||
2 | child welfare agency
or a licensed child welfare agency.
| ||||||
3 | D. "Unfit person" means any person whom the court shall | ||||||
4 | find to be unfit
to have a child, without regard to the | ||||||
5 | likelihood that the child will be
placed for adoption. The | ||||||
6 | grounds of unfitness are any one or more
of the following, | ||||||
7 | except that a person shall not be considered an unfit
person | ||||||
8 | for the sole reason that the person has relinquished a child in
| ||||||
9 | accordance with the Abandoned Newborn Infant Protection Act:
| ||||||
10 | (a) Abandonment of the child.
| ||||||
11 | (a-1) Abandonment of a newborn infant in a hospital.
| ||||||
12 | (a-2) Abandonment of a newborn infant in any setting | ||||||
13 | where the evidence
suggests that the parent intended to | ||||||
14 | relinquish his or her parental rights.
| ||||||
15 | (b) Failure to maintain a reasonable degree of | ||||||
16 | interest, concern or
responsibility as to the child's | ||||||
17 | welfare.
| ||||||
18 | (c) Desertion of the child for more than 3 months next | ||||||
19 | preceding the
commencement of the Adoption proceeding.
| ||||||
20 | (d) Substantial neglect
of the
child if continuous or | ||||||
21 | repeated.
| ||||||
22 | (d-1) Substantial neglect, if continuous or repeated, | ||||||
23 | of any child
residing in the household which resulted in | ||||||
24 | the death of that child.
| ||||||
25 | (e) Extreme or repeated cruelty to the child.
| ||||||
26 | (f) There is a rebuttable presumption, which can be |
| |||||||
| |||||||
1 | overcome only by clear and convincing evidence, that a | ||||||
2 | parent is unfit if:
| ||||||
3 | (1) Two or more findings of physical abuse have | ||||||
4 | been entered regarding any children under Section 2-21 | ||||||
5 | of the Juvenile Court Act
of 1987, the most recent of | ||||||
6 | which was determined by the juvenile court
hearing the | ||||||
7 | matter to be supported by clear and convincing | ||||||
8 | evidence; or | ||||||
9 | (2) The parent has been convicted or found not | ||||||
10 | guilty by reason of insanity and the conviction or | ||||||
11 | finding resulted from the death of any child by | ||||||
12 | physical abuse; or
| ||||||
13 | (3) There is a finding of physical child abuse | ||||||
14 | resulting from the death of any
child under Section | ||||||
15 | 2-21 of the
Juvenile Court Act of 1987. | ||||||
16 | No conviction or finding of delinquency pursuant to | ||||||
17 | Article V of the Juvenile Court Act of 1987 shall be | ||||||
18 | considered a criminal conviction for the purpose of | ||||||
19 | applying any presumption under this item (f).
| ||||||
20 | (g) Failure to protect the child from conditions within | ||||||
21 | his environment
injurious to the child's welfare.
| ||||||
22 | (h) Other neglect of, or misconduct toward the child; | ||||||
23 | provided that in
making a finding of unfitness the court | ||||||
24 | hearing the adoption proceeding
shall not be bound by any | ||||||
25 | previous finding, order or judgment affecting
or | ||||||
26 | determining the rights of the parents toward the child |
| |||||||
| |||||||
1 | sought to be adopted
in any other proceeding except such | ||||||
2 | proceedings terminating parental rights
as shall be had | ||||||
3 | under either this Act, the Juvenile Court Act or
the | ||||||
4 | Juvenile Court Act of 1987.
| ||||||
5 | (i) Depravity. Conviction of any one of the following
| ||||||
6 | crimes shall create a presumption that a parent is depraved | ||||||
7 | which can be
overcome only by clear and convincing | ||||||
8 | evidence:
(1) first degree murder in violation of paragraph | ||||||
9 | (1) 1 or (2)
2 of subsection (a) of Section 9-1 of the | ||||||
10 | Criminal Code of 1961 or the Criminal Code of 2012 or | ||||||
11 | conviction
of second degree murder in violation of | ||||||
12 | subsection (a) of Section 9-2 of the
Criminal Code of 1961 | ||||||
13 | or the Criminal Code of 2012 of a parent of the child to be | ||||||
14 | adopted; (2)
first degree murder or second degree murder of | ||||||
15 | any child in
violation of the Criminal Code of 1961 or the | ||||||
16 | Criminal Code of 2012; (3)
attempt or conspiracy to commit | ||||||
17 | first degree murder or second degree murder
of any child in | ||||||
18 | violation of the Criminal Code of 1961 or the Criminal Code | ||||||
19 | of 2012; (4)
solicitation to commit murder of any child, | ||||||
20 | solicitation to
commit murder of any child for hire, or | ||||||
21 | solicitation to commit second
degree murder of any child in | ||||||
22 | violation of the Criminal Code of 1961 or the Criminal Code | ||||||
23 | of 2012; (5)
predatory criminal sexual assault of a child | ||||||
24 | in violation of
Section 11-1.40 or 12-14.1 of the Criminal | ||||||
25 | Code of 1961 or the Criminal Code of 2012; (6) heinous | ||||||
26 | battery of any child in violation of the Criminal Code of |
| |||||||
| |||||||
1 | 1961; (7) aggravated battery of any child in violation of | ||||||
2 | the Criminal Code of 1961 or the Criminal Code of 2012; (8) | ||||||
3 | any violation of Section 11-1.20 or Section 12-13 of the | ||||||
4 | Criminal Code of 1961 or the Criminal Code of 2012; (9) any | ||||||
5 | violation of subsection (a) of Section 11-1.50 or Section | ||||||
6 | 12-16 of the Criminal Code of 1961 or the Criminal Code of | ||||||
7 | 2012; (10) any violation of Section 11-9.1 of the Criminal | ||||||
8 | Code of 1961 or the Criminal Code of 2012; (11) any | ||||||
9 | violation of Section 11-9.1A of the Criminal Code of 1961 | ||||||
10 | or the Criminal Code of 2012; or (12) an offense in any | ||||||
11 | other state the elements of which are similar and bear a
| ||||||
12 | substantial relationship to any of the enumerated offenses | ||||||
13 | in this subsection (i).
| ||||||
14 | There is a rebuttable presumption that a parent is | ||||||
15 | depraved if the parent
has been criminally convicted of at | ||||||
16 | least 3 felonies under the laws of this
State or any other | ||||||
17 | state, or under federal law, or the criminal laws of any
| ||||||
18 | United States territory; and at least
one of these
| ||||||
19 | convictions took place within 5 years of the filing of the | ||||||
20 | petition or motion
seeking termination of parental rights.
| ||||||
21 | There is a rebuttable presumption that a parent is | ||||||
22 | depraved if that
parent
has
been criminally convicted of | ||||||
23 | either first or second degree murder of any person
as | ||||||
24 | defined in the Criminal Code of 1961 or the Criminal Code | ||||||
25 | of 2012 within 10 years of the filing date of
the petition | ||||||
26 | or motion to terminate parental rights. |
| |||||||
| |||||||
1 | No conviction or finding of delinquency pursuant to | ||||||
2 | Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
3 | considered a criminal conviction for the purpose of | ||||||
4 | applying any presumption under this item (i).
| ||||||
5 | (j) Open and notorious adultery or fornication.
| ||||||
6 | (j-1) (Blank).
| ||||||
7 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
8 | than those
prescribed by a physician, for at least one year | ||||||
9 | immediately
prior to the commencement of the unfitness | ||||||
10 | proceeding.
| ||||||
11 | There is a rebuttable presumption that a parent is | ||||||
12 | unfit under this
subsection
with respect to any child to | ||||||
13 | which that parent gives birth where there is a
confirmed
| ||||||
14 | test result that at birth the child's blood, urine, or | ||||||
15 | meconium contained any
amount of a controlled substance as | ||||||
16 | defined in subsection (f) of Section 102 of
the Illinois | ||||||
17 | Controlled Substances Act or metabolites of such | ||||||
18 | substances, the
presence of which in the newborn infant was | ||||||
19 | not the result of medical treatment
administered to the | ||||||
20 | mother or the newborn infant; and the biological mother of
| ||||||
21 | this child is the biological mother of at least one other | ||||||
22 | child who was
adjudicated a neglected minor under | ||||||
23 | subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||||||
24 | 1987.
| ||||||
25 | (l) Failure to demonstrate a reasonable degree of | ||||||
26 | interest, concern or
responsibility as to the welfare of a |
| |||||||
| |||||||
1 | new born child during the first 30
days after its birth.
| ||||||
2 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
3 | to correct the
conditions that were the basis for the | ||||||
4 | removal of the child from the
parent during any 9-month | ||||||
5 | period following the adjudication of neglected or abused | ||||||
6 | minor under Section 2-3 of the Juvenile Court Act of 1987 | ||||||
7 | or dependent minor under Section 2-4 of that Act, or (ii) | ||||||
8 | to make reasonable progress
toward the return of the
child | ||||||
9 | to the parent during any 9-month period following the | ||||||
10 | adjudication of
neglected or abused minor under Section 2-3 | ||||||
11 | of the Juvenile Court
Act of 1987 or dependent minor under | ||||||
12 | Section 2-4 of that Act.
If a service plan has been | ||||||
13 | established as
required under
Section 8.2 of the Abused and | ||||||
14 | Neglected Child Reporting Act to correct the
conditions | ||||||
15 | that were the basis for the removal of the child from the | ||||||
16 | parent
and if those services were available,
then, for | ||||||
17 | purposes of this Act, "failure to make reasonable progress | ||||||
18 | toward the
return of the child to the parent" includes the | ||||||
19 | parent's failure to substantially fulfill his or her | ||||||
20 | obligations
under
the service plan and correct the | ||||||
21 | conditions that brought the child into care
during any | ||||||
22 | 9-month period
following the adjudication under Section | ||||||
23 | 2-3 or 2-4 of the Juvenile Court
Act of 1987. | ||||||
24 | Notwithstanding any other provision, when a petition or | ||||||
25 | motion seeks to terminate parental rights on the basis of | ||||||
26 | item (ii) of this subsection (m), the petitioner shall file |
| |||||||
| |||||||
1 | with the court and serve on the parties a pleading that | ||||||
2 | specifies the 9-month period or periods relied on. The | ||||||
3 | pleading shall be filed and served on the parties no later | ||||||
4 | than 3 weeks before the date set by the court for closure | ||||||
5 | of discovery, and the allegations in the pleading shall be | ||||||
6 | treated as incorporated into the petition or motion. | ||||||
7 | Failure of a respondent to file a written denial of the | ||||||
8 | allegations in the pleading shall not be treated as an | ||||||
9 | admission that the allegations are true.
| ||||||
10 | (m-1) (Blank).
| ||||||
11 | (n) Evidence of intent to forgo his or her parental | ||||||
12 | rights,
whether or
not the child is a ward of the court, | ||||||
13 | (1) as manifested
by his or her failure for a period of 12 | ||||||
14 | months: (i) to visit the child,
(ii) to communicate with | ||||||
15 | the child or agency, although able to do so and
not | ||||||
16 | prevented from doing so by an agency or by court order, or | ||||||
17 | (iii) to
maintain contact with or plan for the future of | ||||||
18 | the child, although physically
able to do so, or (2) as | ||||||
19 | manifested by the father's failure, where he
and the mother | ||||||
20 | of the child were unmarried to each other at the time of | ||||||
21 | the
child's birth, (i) to commence legal proceedings to | ||||||
22 | establish his paternity
under the Illinois Parentage Act of | ||||||
23 | 1984, the Illinois Parentage Act of 2015, or the law of the | ||||||
24 | jurisdiction of
the child's birth within 30 days of being | ||||||
25 | informed, pursuant to Section 12a
of this Act, that he is | ||||||
26 | the father or the likely father of the child or,
after |
| |||||||
| |||||||
1 | being so informed where the child is not yet born, within | ||||||
2 | 30 days of
the child's birth, or (ii) to make a good faith | ||||||
3 | effort to pay a reasonable
amount of the expenses related | ||||||
4 | to the birth of the child and to provide a
reasonable | ||||||
5 | amount for the financial support of the child, the court to
| ||||||
6 | consider in its determination all relevant circumstances, | ||||||
7 | including the
financial condition of both parents; | ||||||
8 | provided that the ground for
termination provided in this | ||||||
9 | subparagraph (n)(2)(ii) shall only be
available where the | ||||||
10 | petition is brought by the mother or the husband of
the | ||||||
11 | mother.
| ||||||
12 | Contact or communication by a parent with his or her | ||||||
13 | child that does not
demonstrate affection and concern does | ||||||
14 | not constitute reasonable contact
and planning under | ||||||
15 | subdivision (n). In the absence of evidence to the
| ||||||
16 | contrary, the ability to visit, communicate, maintain | ||||||
17 | contact, pay
expenses and plan for the future shall be | ||||||
18 | presumed. The subjective intent
of the parent, whether | ||||||
19 | expressed or otherwise, unsupported by evidence of
the | ||||||
20 | foregoing parental acts manifesting that intent, shall not | ||||||
21 | preclude a
determination that the parent has intended to | ||||||
22 | forgo his or her
parental
rights. In making this | ||||||
23 | determination, the court may consider but shall not
require | ||||||
24 | a showing of diligent efforts by an authorized agency to | ||||||
25 | encourage
the parent to perform the acts specified in | ||||||
26 | subdivision (n).
|
| |||||||
| |||||||
1 | It shall be an affirmative defense to any allegation | ||||||
2 | under paragraph
(2) of this subsection that the father's | ||||||
3 | failure was due to circumstances
beyond his control or to | ||||||
4 | impediments created by the mother or any other
person | ||||||
5 | having legal custody. Proof of that fact need only be by a
| ||||||
6 | preponderance of the evidence.
| ||||||
7 | (o) Repeated or continuous failure by the parents, | ||||||
8 | although physically
and financially able, to provide the | ||||||
9 | child with adequate food, clothing,
or shelter.
| ||||||
10 | (p) Inability to discharge parental responsibilities | ||||||
11 | supported by
competent evidence from a psychiatrist, | ||||||
12 | licensed clinical social
worker, or clinical psychologist | ||||||
13 | of mental
impairment, mental illness or an intellectual | ||||||
14 | disability as defined in Section
1-116 of the Mental Health | ||||||
15 | and Developmental Disabilities Code, or
developmental | ||||||
16 | disability as defined in Section 1-106 of that Code, and
| ||||||
17 | there is sufficient justification to believe that the | ||||||
18 | inability to
discharge parental responsibilities shall | ||||||
19 | extend beyond a reasonable
time period. However, this | ||||||
20 | subdivision (p) shall not be construed so as to
permit a | ||||||
21 | licensed clinical social worker to conduct any medical | ||||||
22 | diagnosis to
determine mental illness or mental | ||||||
23 | impairment.
| ||||||
24 | (q) (Blank).
| ||||||
25 | (r) The child is in the temporary custody or | ||||||
26 | guardianship of the
Department of Children and Family |
| |||||||
| |||||||
1 | Services, the parent is incarcerated as a
result of | ||||||
2 | criminal conviction at the time the petition or motion for
| ||||||
3 | termination of parental rights is filed, prior to | ||||||
4 | incarceration the parent had
little or no contact with the | ||||||
5 | child or provided little or no support for the
child, and | ||||||
6 | the parent's incarceration will prevent the parent from | ||||||
7 | discharging
his or her parental responsibilities for the | ||||||
8 | child for a period in excess of 2
years after the filing of | ||||||
9 | the petition or motion for termination of 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,
urine, | ||||||
19 | or meconium contained any amount of a controlled substance | ||||||
20 | as
defined in subsection (f) of Section 102 of the Illinois | ||||||
21 | Controlled Substances
Act, or a metabolite of a controlled | ||||||
22 | substance, with the exception of
controlled substances or | ||||||
23 | metabolites of such substances, the presence of which
in | ||||||
24 | the newborn infant was the result of medical treatment | ||||||
25 | administered to the
mother or the newborn infant, and that | ||||||
26 | the biological mother of this child is
the biological |
| |||||||
| |||||||
1 | mother of at least one other child who was adjudicated a
| ||||||
2 | neglected minor under subsection (c) of Section 2-3 of the | ||||||
3 | Juvenile Court Act
of 1987, after which the biological | ||||||
4 | mother had the opportunity to enroll in
and participate in | ||||||
5 | a clinically appropriate substance abuse
counseling, | ||||||
6 | treatment, and rehabilitation program.
| ||||||
7 | E. "Parent" means a person who is the legal mother or legal | ||||||
8 | father of the child as defined in subsection X or Y of this | ||||||
9 | Section. For the purpose of this Act, a parent who has executed | ||||||
10 | a consent to adoption, a surrender, or a waiver pursuant to | ||||||
11 | Section 10 of this Act, who has signed a Denial of Paternity | ||||||
12 | pursuant to Section 12 of the Vital Records Act or Section 12a | ||||||
13 | of this Act, or whose parental rights have been terminated by a | ||||||
14 | court, is not a parent of the child who was the subject of the | ||||||
15 | consent, surrender, waiver, or denial unless (1) the consent is | ||||||
16 | void pursuant to subsection O of Section 10 of this Act; or (2) | ||||||
17 | the person executed a consent to adoption by a specified person | ||||||
18 | or persons pursuant to subsection A-1 of Section 10 of this Act | ||||||
19 | and a court of competent jurisdiction finds that the consent is | ||||||
20 | void; or (3) the order terminating the parental rights of the | ||||||
21 | person is vacated by a court of competent jurisdiction.
| ||||||
22 | F. A person is available for adoption when the person is:
| ||||||
23 | (a) a child who has been surrendered for adoption to an | ||||||
24 | agency and to
whose adoption the agency has thereafter | ||||||
25 | consented;
| ||||||
26 | (b) a child to whose adoption a person authorized by |
| |||||||
| |||||||
1 | law, other than his
parents, has consented, or to whose | ||||||
2 | adoption no consent is required pursuant
to Section 8 of | ||||||
3 | this Act;
| ||||||
4 | (c) a child who is in the custody of persons who intend | ||||||
5 | to adopt him
through placement made by his parents;
| ||||||
6 | (c-1) a child for whom a parent has signed a specific | ||||||
7 | consent pursuant
to subsection O of Section 10;
| ||||||
8 | (d) an adult who meets the conditions set forth in | ||||||
9 | Section 3 of this
Act; or
| ||||||
10 | (e) a child who has been relinquished as defined in | ||||||
11 | Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||||||
12 | A person who would otherwise be available for adoption | ||||||
13 | shall not be
deemed unavailable for adoption solely by reason | ||||||
14 | of his or her death.
| ||||||
15 | G. The singular includes the plural and the plural includes
| ||||||
16 | the singular and the "male" includes the "female", as the | ||||||
17 | context of this
Act may require.
| ||||||
18 | H. (Blank).
| ||||||
19 | I. "Habitual residence" has the meaning ascribed to it in | ||||||
20 | the federal Intercountry Adoption Act of 2000 and regulations | ||||||
21 | promulgated thereunder.
| ||||||
22 | J. "Immediate relatives" means the biological parents, the | ||||||
23 | parents of
the biological parents and siblings of the | ||||||
24 | biological parents.
| ||||||
25 | K. "Intercountry adoption" is a process by which a child | ||||||
26 | from a country
other than the United States is adopted by |
| |||||||
| |||||||
1 | persons who are habitual residents of the United States, or the | ||||||
2 | child is a habitual resident of the United States who is | ||||||
3 | adopted by persons who are habitual residents of a country | ||||||
4 | other than the United States.
| ||||||
5 | L. (Blank).
| ||||||
6 | M. "Interstate Compact on the Placement of Children" is a | ||||||
7 | law enacted by all
states and certain territories for the | ||||||
8 | purpose of establishing uniform procedures for handling
the | ||||||
9 | interstate placement of children in foster homes, adoptive | ||||||
10 | homes, or
other child care facilities.
| ||||||
11 | N. (Blank).
| ||||||
12 | O. "Preadoption requirements" means any conditions or | ||||||
13 | standards established by the laws or administrative rules of | ||||||
14 | this State that must be met by a prospective adoptive parent
| ||||||
15 | prior to the placement of a child in an adoptive home.
| ||||||
16 | P. "Abused child" means a child whose parent or immediate | ||||||
17 | family member,
or any person responsible for the child's | ||||||
18 | welfare, or any individual
residing in the same home as the | ||||||
19 | child, or a paramour of the child's parent:
| ||||||
20 | (a) inflicts, causes to be inflicted, or allows to be | ||||||
21 | inflicted upon
the child physical injury, by other than | ||||||
22 | accidental means, that causes
death, disfigurement, | ||||||
23 | impairment of physical or emotional health, or loss
or | ||||||
24 | impairment of any bodily function;
| ||||||
25 | (b) creates a substantial risk of physical injury to | ||||||
26 | the child by
other than accidental means which would be |
| |||||||
| |||||||
1 | likely to cause death,
disfigurement, impairment of | ||||||
2 | physical or emotional health, or loss or
impairment of any | ||||||
3 | bodily function;
| ||||||
4 | (c) commits or allows to be committed any sex offense | ||||||
5 | against the child,
as sex offenses are defined in the | ||||||
6 | Criminal Code of 2012
and extending those definitions of | ||||||
7 | sex offenses to include children under
18 years of age;
| ||||||
8 | (d) commits or allows to be committed an act or acts of | ||||||
9 | torture upon
the child; or
| ||||||
10 | (e) inflicts excessive corporal punishment.
| ||||||
11 | Q. "Neglected child" means any child whose parent or other | ||||||
12 | person
responsible for the child's welfare withholds or denies | ||||||
13 | nourishment or
medically indicated treatment including food or | ||||||
14 | care denied solely on the
basis of the present or anticipated | ||||||
15 | mental or physical impairment as determined
by a physician | ||||||
16 | acting alone or in consultation with other physicians or
| ||||||
17 | otherwise does not provide the proper or necessary support, | ||||||
18 | education
as required by law, or medical or other remedial care | ||||||
19 | recognized under State
law as necessary for a child's | ||||||
20 | well-being, or other care necessary for his
or her well-being, | ||||||
21 | including adequate food, clothing and shelter; or who
is | ||||||
22 | abandoned by his or her parents or other person responsible for | ||||||
23 | the child's
welfare.
| ||||||
24 | A child shall not be considered neglected or abused for the
| ||||||
25 | sole reason that the child's parent or other person responsible | ||||||
26 | for his
or her welfare depends upon spiritual means through |
| |||||||
| |||||||
1 | prayer alone for the
treatment or cure of disease or remedial | ||||||
2 | care as provided under Section 4
of the Abused and Neglected | ||||||
3 | Child Reporting Act.
A child shall not be considered neglected | ||||||
4 | or abused for the sole reason that
the child's parent or other | ||||||
5 | person responsible for the child's welfare failed
to vaccinate, | ||||||
6 | delayed vaccination, or refused vaccination for the child
due | ||||||
7 | to a waiver on religious or medical grounds as permitted by | ||||||
8 | law.
| ||||||
9 | R. "Putative father" means a man who may be a child's | ||||||
10 | father, but who (1) is
not married to the child's mother on or | ||||||
11 | before the date that the child was or
is to be born and (2) has | ||||||
12 | not established paternity of the child in a court
proceeding | ||||||
13 | before the filing of a petition for the adoption of the child. | ||||||
14 | The
term includes a male who is less than 18 years of age. | ||||||
15 | "Putative father" does
not mean a man who is the child's father | ||||||
16 | as a result of criminal sexual abuse
or assault as defined | ||||||
17 | under Article 11 of the Criminal Code of 2012.
| ||||||
18 | S. "Standby adoption" means an adoption in which a parent
| ||||||
19 | consents to custody and termination of parental rights to | ||||||
20 | become
effective upon the occurrence of a future event, which | ||||||
21 | is either the death of
the
parent or the request of the parent
| ||||||
22 | for the entry of a final judgment of adoption.
| ||||||
23 | T. (Blank).
| ||||||
24 | T-5. "Biological parent", "birth parent", or "natural | ||||||
25 | parent" of a child are interchangeable terms that mean a person | ||||||
26 | who is biologically or genetically related to that child as a |
| |||||||
| |||||||
1 | parent. | ||||||
2 | U. "Interstate adoption" means the placement of a minor | ||||||
3 | child with a prospective adoptive parent for the purpose of | ||||||
4 | pursuing an adoption for that child that is subject to the | ||||||
5 | provisions of the Interstate Compact on the Placement of | ||||||
6 | Children. | ||||||
7 | V. (Blank). | ||||||
8 | W. (Blank). | ||||||
9 | X. "Legal father" of a child means a man who is recognized | ||||||
10 | as or presumed to be that child's father: | ||||||
11 | (1) because of his marriage to or civil union with the | ||||||
12 | child's parent at the time of the child's birth or within | ||||||
13 | 300 days prior to that child's birth, unless he signed a | ||||||
14 | denial of paternity pursuant to Section 12 of the Vital | ||||||
15 | Records Act or a waiver pursuant to Section 10 of this Act; | ||||||
16 | or | ||||||
17 | (2) because his paternity of the child has been | ||||||
18 | established pursuant to the Illinois Parentage Act, the | ||||||
19 | Illinois Parentage Act of 1984, or the Gestational | ||||||
20 | Surrogacy Act; or | ||||||
21 | (3) because he is listed as the child's father or | ||||||
22 | parent on the child's birth certificate, unless he is | ||||||
23 | otherwise determined by an administrative or judicial | ||||||
24 | proceeding not to be the parent of the child or unless he | ||||||
25 | rescinds his acknowledgment of paternity pursuant to the | ||||||
26 | Illinois Parentage Act of 1984; or |
| |||||||
| |||||||
1 | (4) because his paternity or adoption of the child has | ||||||
2 | been established by a court of competent jurisdiction. | ||||||
3 | The definition in this subsection X shall not be construed | ||||||
4 | to provide greater or lesser rights as to the number of parents | ||||||
5 | who can be named on a final judgment order of adoption or | ||||||
6 | Illinois birth certificate that otherwise exist under Illinois | ||||||
7 | law. | ||||||
8 | Y. "Legal mother" of a child means a woman who is | ||||||
9 | recognized as or presumed to be that child's mother: | ||||||
10 | (1) because she gave birth to the child except as | ||||||
11 | provided in the Gestational Surrogacy Act; or | ||||||
12 | (2) because her maternity of the child has been | ||||||
13 | established pursuant to the Illinois Parentage Act of 1984 | ||||||
14 | or the Gestational Surrogacy Act; or | ||||||
15 | (3) because her maternity or adoption of the child has | ||||||
16 | been established by a court of competent jurisdiction; or | ||||||
17 | (4) because of her marriage to or civil union with the | ||||||
18 | child's other parent at the time of the child's birth or | ||||||
19 | within 300 days prior to the time of birth; or | ||||||
20 | (5) because she is listed as the child's mother or | ||||||
21 | parent on the child's birth certificate unless she is | ||||||
22 | otherwise determined by an administrative or judicial | ||||||
23 | proceeding not to be the parent of the child. | ||||||
24 | The definition in this subsection Y shall not be construed | ||||||
25 | to provide greater or lesser rights as to the number of parents | ||||||
26 | who can be named on a final judgment order of adoption or |
| |||||||
| |||||||
1 | Illinois birth certificate that otherwise exist under Illinois | ||||||
2 | law. | ||||||
3 | Z. "Department" means the Illinois Department of Children | ||||||
4 | and Family Services. | ||||||
5 | AA. "Placement disruption" means a circumstance where the | ||||||
6 | child is removed from an adoptive placement before the adoption | ||||||
7 | is finalized. | ||||||
8 | BB. "Secondary placement" means a placement, including but | ||||||
9 | not limited to the placement of a youth in care as defined in | ||||||
10 | Section 4d of the Children and Family Services Act, that occurs | ||||||
11 | after a placement disruption or an adoption dissolution. | ||||||
12 | "Secondary placement" does not mean secondary placements | ||||||
13 | arising due to the death of the adoptive parent of the child. | ||||||
14 | CC. "Adoption dissolution" means a circumstance where the | ||||||
15 | child is removed from an adoptive placement after the adoption | ||||||
16 | is finalized. | ||||||
17 | DD. "Unregulated placement" means the secondary placement | ||||||
18 | of a child that occurs without the oversight of the courts, the | ||||||
19 | Department, or a licensed child welfare agency. | ||||||
20 | EE. "Post-placement and post-adoption support services" | ||||||
21 | means support services for placed or adopted children and | ||||||
22 | families that include, but are not limited to, mental health | ||||||
23 | treatment, including counseling and other support services for | ||||||
24 | emotional, behavioral, or developmental needs, and treatment | ||||||
25 | for substance abuse. | ||||||
26 | (Source: P.A. 100-159, eff. 8-18-17; 101-155, eff. 1-1-20; |
| |||||||
| |||||||
1 | 101-529, eff. 1-1-20; revised 9-17-19.)
| ||||||
2 | (410 ILCS 51/Act rep.)
| ||||||
3 | Section 35. The Mercury-Free Vaccine Act is repealed.
| ||||||
4 | Section 99. Effective date. This Act takes effect July 1, | ||||||
5 | 2022.
|