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1 | AN ACT concerning adoption.
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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 Section | |||||||||||||||||||
5 | 1 as follows:
| |||||||||||||||||||
6 | (750 ILCS 50/1) (from Ch. 40, par. 1501)
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7 | Sec. 1. Definitions. When used in this Act, unless the | |||||||||||||||||||
8 | context
otherwise requires:
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9 | A. "Child" means a person under legal age subject to | |||||||||||||||||||
10 | adoption under
this Act.
| |||||||||||||||||||
11 | B. "Related child" means a child subject to adoption where | |||||||||||||||||||
12 | either or both of
the adopting parents stands in any of the | |||||||||||||||||||
13 | following relationships to the child
by blood or marriage: | |||||||||||||||||||
14 | parent, grand-parent, brother, sister, step-parent,
| |||||||||||||||||||
15 | step-grandparent, step-brother, step-sister, uncle, aunt, | |||||||||||||||||||
16 | great-uncle,
great-aunt, or cousin of first degree. A child | |||||||||||||||||||
17 | whose parent has executed
a final irrevocable consent to | |||||||||||||||||||
18 | adoption or a final irrevocable surrender
for purposes of | |||||||||||||||||||
19 | adoption, or whose parent has had his or her parental rights
| |||||||||||||||||||
20 | terminated, is not a related child to that person, unless the | |||||||||||||||||||
21 | consent is
determined to be void or is void pursuant to | |||||||||||||||||||
22 | subsection O of Section 10.
| |||||||||||||||||||
23 | C. "Agency" for the purpose of this Act means a public | |||||||||||||||||||
24 | child welfare agency
or a licensed child welfare agency.
| |||||||||||||||||||
25 | D. "Unfit person" means any person whom the court shall | |||||||||||||||||||
26 | find to be unfit
to have a child, without regard to the | |||||||||||||||||||
27 | likelihood that the child will be
placed for adoption. The | |||||||||||||||||||
28 | grounds of unfitness are any one or more
of the following, | |||||||||||||||||||
29 | except that a person shall not be considered an unfit
person | |||||||||||||||||||
30 | for the sole reason that the person has relinquished a child in
| |||||||||||||||||||
31 | accordance with the Abandoned Newborn Infant Protection Act:
| |||||||||||||||||||
32 | (a) Abandonment of the child.
|
| |||||||
|
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1 | (a-1) Abandonment of a newborn infant in a hospital.
| ||||||
2 | (a-2) Abandonment of a newborn infant in any setting | ||||||
3 | where the evidence
suggests that the parent intended to | ||||||
4 | relinquish his or her parental rights.
| ||||||
5 | (b) Failure to maintain a reasonable degree of | ||||||
6 | interest, concern or
responsibility as to the child's | ||||||
7 | welfare.
| ||||||
8 | (c) Desertion of the child for more than 3 months next | ||||||
9 | preceding the
commencement of the Adoption proceeding.
| ||||||
10 | (d) Substantial neglect
of the
child if continuous or | ||||||
11 | repeated.
| ||||||
12 | (d-1) Substantial neglect, if continuous or repeated, | ||||||
13 | of any child
residing in the household which resulted in | ||||||
14 | the death of that child.
| ||||||
15 | (e) Extreme or repeated cruelty to the child.
| ||||||
16 | (f) Two or more findings of physical abuse to any | ||||||
17 | children under Section
4-8 of the Juvenile Court Act or | ||||||
18 | Section 2-21 of the Juvenile Court Act
of 1987, the most | ||||||
19 | recent of which was determined by the juvenile court
| ||||||
20 | hearing the matter to be supported by clear and convincing | ||||||
21 | evidence; a
criminal conviction or a finding of not guilty | ||||||
22 | by reason of insanity
resulting from the death of any child | ||||||
23 | by physical child
abuse; or a finding of physical child | ||||||
24 | abuse resulting from the death of any
child under Section | ||||||
25 | 4-8 of the Juvenile Court Act or Section 2-21 of the
| ||||||
26 | Juvenile Court Act of 1987.
| ||||||
27 | (g) Failure to protect the child from conditions within | ||||||
28 | his environment
injurious to the child's welfare.
| ||||||
29 | (h) Other neglect of, or misconduct toward the child; | ||||||
30 | provided that in
making a finding of unfitness the court | ||||||
31 | hearing the adoption proceeding
shall not be bound by any | ||||||
32 | previous finding, order or judgment affecting
or | ||||||
33 | determining the rights of the parents toward the child | ||||||
34 | sought to be adopted
in any other proceeding except such | ||||||
35 | proceedings terminating parental rights
as shall be had | ||||||
36 | under either this Act, the Juvenile Court Act or
the |
| |||||||
|
|||||||
1 | Juvenile Court Act of 1987.
| ||||||
2 | (i) Depravity. Conviction of any one of the following
| ||||||
3 | crimes shall create a presumption that a parent is depraved | ||||||
4 | which can be
overcome only by clear and convincing | ||||||
5 | evidence:
(1) first degree murder in violation of paragraph | ||||||
6 | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | ||||||
7 | Code of 1961 or conviction
of second degree murder in | ||||||
8 | violation of subsection (a) of Section 9-2 of the
Criminal | ||||||
9 | Code of 1961 of a parent of the child to be adopted; (2)
| ||||||
10 | first degree murder or second degree murder of any child in
| ||||||
11 | violation of the Criminal Code of 1961; (3)
attempt or | ||||||
12 | conspiracy to commit first degree murder or second degree | ||||||
13 | murder
of any child in violation of the Criminal Code of | ||||||
14 | 1961; (4)
solicitation to commit murder of any child, | ||||||
15 | solicitation to
commit murder of any child for hire, or | ||||||
16 | solicitation to commit second
degree murder of any child in | ||||||
17 | violation of the Criminal Code of 1961; or (5)
aggravated | ||||||
18 | criminal sexual assault in violation of
Section | ||||||
19 | 12-14(b)(1) of the Criminal Code of 1961.
| ||||||
20 | There is a rebuttable presumption that a parent is | ||||||
21 | depraved if the parent
has been criminally convicted of at | ||||||
22 | least 3 felonies under the laws of this
State or any other | ||||||
23 | state, or under federal law, or the criminal laws of any
| ||||||
24 | United States territory; and at least one of these
| ||||||
25 | convictions took place within 5 years of the filing of the | ||||||
26 | petition or motion
seeking termination of parental rights.
| ||||||
27 | There is a rebuttable presumption that a parent is | ||||||
28 | depraved if that
parent
has
been criminally convicted of | ||||||
29 | either first or second degree murder of any person
as | ||||||
30 | defined in the Criminal Code of 1961 within 10 years of the | ||||||
31 | filing date of
the petition or motion to terminate parental | ||||||
32 | rights.
| ||||||
33 | (j) Open and notorious adultery or fornication.
| ||||||
34 | (j-1) (Blank).
| ||||||
35 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
36 | than those
prescribed by a physician, for at least one year |
| |||||||
|
|||||||
1 | immediately
prior to the commencement of the unfitness | ||||||
2 | proceeding.
| ||||||
3 | There is a rebuttable presumption that a parent is | ||||||
4 | unfit under this
subsection
with respect to any child to | ||||||
5 | which that parent gives birth where there is a
confirmed
| ||||||
6 | test result that at birth the child's blood, urine, or | ||||||
7 | meconium contained any
amount of a controlled substance as | ||||||
8 | defined in subsection (f) of Section 102 of
the Illinois | ||||||
9 | Controlled Substances Act or metabolites of such | ||||||
10 | substances, the
presence of which in the newborn infant was | ||||||
11 | not the result of medical treatment
administered to the | ||||||
12 | mother or the newborn infant; and the biological mother of
| ||||||
13 | this child is the biological mother of at least one other | ||||||
14 | child who was
adjudicated a neglected minor under | ||||||
15 | subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||||||
16 | 1987.
| ||||||
17 | (l) Failure to demonstrate a reasonable degree of | ||||||
18 | interest, concern or
responsibility as to the welfare of a | ||||||
19 | new born child during the first 30
days after its birth.
| ||||||
20 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
21 | to correct the
conditions that were the basis for the | ||||||
22 | removal of the child from the
parent, or (ii) to make | ||||||
23 | reasonable progress toward the return of the child
to
the | ||||||
24 | parent within 9 months after an adjudication of neglected | ||||||
25 | or abused
minor under Section 2-3 of the Juvenile Court Act | ||||||
26 | of 1987 or dependent
minor under Section 2-4 of that Act, | ||||||
27 | or (iii) to make reasonable progress
toward the return of | ||||||
28 | the
child to the parent during any 9-month period after the | ||||||
29 | end of the initial
9-month period following the | ||||||
30 | adjudication of
neglected or abused minor under Section 2-3 | ||||||
31 | of the Juvenile Court
Act of 1987 or dependent minor under | ||||||
32 | Section 2-4 of that Act.
If a service plan has been | ||||||
33 | established as
required under
Section 8.2 of the Abused and | ||||||
34 | Neglected Child Reporting Act to correct the
conditions | ||||||
35 | that were the basis for the removal of the child from the | ||||||
36 | parent
and if those services were available,
then, for |
| |||||||
|
|||||||
1 | purposes of this Act, "failure to make reasonable progress | ||||||
2 | toward the
return of the child to the parent" includes (I) | ||||||
3 | the parent's failure to
substantially fulfill his or her | ||||||
4 | obligations under the
service plan and correct the | ||||||
5 | conditions that brought the child into care
within 9 months | ||||||
6 | after the adjudication under Section 2-3 or 2-4
of the | ||||||
7 | Juvenile Court Act of 1987
and (II) the parent's failure to | ||||||
8 | substantially fulfill his or her obligations
under
the | ||||||
9 | service plan and correct the conditions that brought the | ||||||
10 | child into care
during any 9-month period after the end of | ||||||
11 | the initial 9-month period
following the adjudication | ||||||
12 | under Section 2-3 or 2-4 of the Juvenile Court
Act of 1987.
| ||||||
13 | (m-1) Pursuant to the Juvenile Court Act of 1987, a | ||||||
14 | child
has been in foster care for 15 months out of any 22 | ||||||
15 | month period which begins
on or after the effective date of | ||||||
16 | this amendatory Act of 1998 unless the
child's parent can | ||||||
17 | prove
by a preponderance of the evidence that it is more | ||||||
18 | likely than not that it will
be in the best interests of | ||||||
19 | the child to be returned to the parent within 6
months of | ||||||
20 | the date on which a petition for termination of parental | ||||||
21 | rights is
filed under the Juvenile Court Act of 1987. The | ||||||
22 | 15 month time limit is tolled
during
any period for which | ||||||
23 | there is a court finding that the appointed custodian or
| ||||||
24 | guardian failed to make reasonable efforts to reunify the | ||||||
25 | child with his or her
family, provided that (i) the finding | ||||||
26 | of no reasonable efforts is made within
60 days of the | ||||||
27 | period when reasonable efforts were not made or (ii) the | ||||||
28 | parent
filed a motion requesting a finding of no reasonable | ||||||
29 | efforts within 60 days of
the period when reasonable | ||||||
30 | efforts were not made. For purposes of this
subdivision | ||||||
31 | (m-1), the date of entering foster care is the earlier of: | ||||||
32 | (i) the
date of
a judicial finding at an adjudicatory | ||||||
33 | hearing that the child is an abused,
neglected, or | ||||||
34 | dependent minor; or (ii) 60 days after the date on which | ||||||
35 | the
child is removed from his or her parent, guardian, or | ||||||
36 | legal custodian.
|
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|
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1 | (n) Evidence of intent to forgo his or her parental | ||||||
2 | rights,
whether or
not the child is a ward of the court, | ||||||
3 | (1) as manifested
by his or her failure for a period of 6
| ||||||
4 | 12 months: (i) to visit the child,
(ii) to have significant | ||||||
5 | and meaningful contact
communicate with the child or | ||||||
6 | agency, although able to do so and
not prevented from doing | ||||||
7 | so by an agency or by court order, or (iii) to
maintain | ||||||
8 | contact with or plan for the future of the child, although | ||||||
9 | physically
able to do so, or (2) as manifested by the | ||||||
10 | father's failure, where he
and the mother of the child were | ||||||
11 | unmarried to each other at the time of the
child's birth, | ||||||
12 | (i) to commence legal proceedings to establish his | ||||||
13 | paternity
under the Illinois Parentage Act of 1984 or the | ||||||
14 | law of the jurisdiction of
the child's birth within 30 days | ||||||
15 | of being informed, pursuant to Section 12a
of this Act, | ||||||
16 | that he is the father or the likely father of the child or,
| ||||||
17 | after being so informed where the child is not yet born, | ||||||
18 | within 30 days of
the child's birth, or (ii) to make a good | ||||||
19 | faith effort to pay a reasonable
amount of the expenses | ||||||
20 | related to the birth of the child and to provide a
| ||||||
21 | reasonable amount for the financial support of the child, | ||||||
22 | the court to
consider in its determination all relevant | ||||||
23 | circumstances, including the
financial condition of both | ||||||
24 | parents; provided that the ground for
termination provided | ||||||
25 | in this subparagraph (n)(2)(ii) shall only be
available | ||||||
26 | where the petition is brought by the mother or the husband | ||||||
27 | of
the mother , or (3) as manifested by his or her continued | ||||||
28 | chronic abuse of the minor .
| ||||||
29 | For the purposes of this subsection (n), "significant | ||||||
30 | and meaningful contact" includes, but is not limited to, | ||||||
31 | the affirmative assumption by the parents of the duties | ||||||
32 | encompassed by the role of being a parent. The affirmative | ||||||
33 | duty, in addition to financial obligations, requires | ||||||
34 | continued interest in the child, an effort to complete the | ||||||
35 | responsibilities prescribed in the case permanency plan, | ||||||
36 | an effort to maintain communication with the child, and |
| |||||||
|
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1 | that the parents establish and maintain a place of | ||||||
2 | importance in the child's life.
| ||||||
3 | For the purposes of this subsection (n), "chronic abuse | ||||||
4 | of a minor" means the maltreatment of the minor that | ||||||
5 | reoccurs after the Department of Children and Family | ||||||
6 | Services has conducted an investigation regarding a | ||||||
7 | specific report and has rendered a finding of abuse or | ||||||
8 | neglect and, despite efforts on the part of the family or | ||||||
9 | the utilization of available resources, the child | ||||||
10 | re-enters the foster care system within 6 months of the | ||||||
11 | initial report.
| ||||||
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).
| ||||||
27 | It shall be an affirmative defense to any allegation | ||||||
28 | under paragraph
(2) of this subsection that the father's | ||||||
29 | failure was due to circumstances
beyond his control or to | ||||||
30 | impediments created by the mother or any other
person | ||||||
31 | having legal custody. Proof of that fact need only be by a
| ||||||
32 | preponderance of the evidence.
| ||||||
33 | (o) Repeated or continuous failure by the parents, | ||||||
34 | although physically
and financially able, to provide the | ||||||
35 | child with adequate food, clothing,
or shelter.
| ||||||
36 | (p) Inability to discharge parental responsibilities |
| |||||||
|
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1 | supported by
competent evidence from a psychiatrist, | ||||||
2 | licensed clinical social
worker, or clinical psychologist | ||||||
3 | of mental
impairment, mental illness or mental retardation | ||||||
4 | as defined in Section
1-116 of the Mental Health and | ||||||
5 | Developmental Disabilities Code, or
developmental | ||||||
6 | disability as defined in Section 1-106 of that Code, and
| ||||||
7 | there is sufficient justification to believe that the | ||||||
8 | inability to
discharge parental responsibilities shall | ||||||
9 | extend beyond a reasonable
time period. However, this | ||||||
10 | subdivision (p) shall not be construed so as to
permit a | ||||||
11 | licensed clinical social worker to conduct any medical | ||||||
12 | diagnosis to
determine mental illness or mental | ||||||
13 | impairment.
| ||||||
14 | (q) The parent has been criminally convicted of | ||||||
15 | aggravated battery,
heinous battery, or attempted murder | ||||||
16 | of any child.
| ||||||
17 | (r) The child is in the temporary custody or | ||||||
18 | guardianship of the
Department of Children and Family | ||||||
19 | Services, the parent is incarcerated as a
result of | ||||||
20 | criminal conviction at the time the petition or motion for
| ||||||
21 | termination of parental rights is filed, prior to | ||||||
22 | incarceration the parent had
little or no contact with the | ||||||
23 | child or provided little or no support for the
child, and | ||||||
24 | the parent's incarceration will prevent the parent from | ||||||
25 | discharging
his or her parental responsibilities for the | ||||||
26 | child for a period in excess of 2
years after the filing of | ||||||
27 | the petition or motion for termination of parental
rights.
| ||||||
28 | (s) The child is in the temporary custody or | ||||||
29 | guardianship of the
Department of Children and Family | ||||||
30 | Services, the parent is incarcerated at the
time the | ||||||
31 | petition or motion for termination of parental rights is | ||||||
32 | filed, the
parent has been repeatedly incarcerated as a | ||||||
33 | result of criminal convictions,
and the parent's repeated | ||||||
34 | incarceration has prevented the parent from
discharging | ||||||
35 | his or her parental responsibilities for the child.
| ||||||
36 | (t) A finding that at birth the child's blood,
urine, |
| |||||||
|
|||||||
1 | or meconium contained any amount of a controlled substance | ||||||
2 | as
defined in subsection (f) of Section 102 of the Illinois | ||||||
3 | Controlled Substances
Act, or a metabolite of a controlled | ||||||
4 | substance, with the exception of
controlled substances or | ||||||
5 | metabolites of such substances, the presence of which
in | ||||||
6 | the newborn infant was the result of medical treatment | ||||||
7 | administered to the
mother or the newborn infant, and that | ||||||
8 | the biological mother of this child is
the biological | ||||||
9 | mother of at least one other child who was adjudicated a
| ||||||
10 | neglected minor under subsection (c) of Section 2-3 of the | ||||||
11 | Juvenile Court Act
of 1987, after which the biological | ||||||
12 | mother had the opportunity to enroll in
and participate in | ||||||
13 | a clinically appropriate substance abuse
counseling, | ||||||
14 | treatment, and rehabilitation program.
| ||||||
15 | E. "Parent" means the father or mother of a legitimate or | ||||||
16 | illegitimate
child. For the purpose of this Act, a person who | ||||||
17 | has executed a final and
irrevocable consent to adoption or a | ||||||
18 | final and irrevocable surrender for
purposes of adoption, or | ||||||
19 | whose parental rights have been terminated by a
court, is not a | ||||||
20 | parent of the child who was the subject of the consent or
| ||||||
21 | surrender, unless the consent is void pursuant to subsection O | ||||||
22 | of Section 10.
| ||||||
23 | F. A person is available for adoption when the person is:
| ||||||
24 | (a) a child who has been surrendered for adoption to an | ||||||
25 | agency and to
whose adoption the agency has thereafter | ||||||
26 | consented;
| ||||||
27 | (b) a child to whose adoption a person authorized by | ||||||
28 | law, other than his
parents, has consented, or to whose | ||||||
29 | adoption no consent is required pursuant
to Section 8 of | ||||||
30 | this Act;
| ||||||
31 | (c) a child who is in the custody of persons who intend | ||||||
32 | to adopt him
through placement made by his parents;
| ||||||
33 | (c-1) a child for whom a parent has signed a specific | ||||||
34 | consent pursuant
to subsection O of Section 10;
| ||||||
35 | (d) an adult who meets the conditions set forth in | ||||||
36 | Section 3 of this
Act; or
|
| |||||||
|
|||||||
1 | (e) a child who has been relinquished as defined in | ||||||
2 | Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||||||
3 | A person who would otherwise be available for adoption | ||||||
4 | shall not be
deemed unavailable for adoption solely by reason | ||||||
5 | of his or her death.
| ||||||
6 | G. The singular includes the plural and the plural includes
| ||||||
7 | the singular and the "male" includes the "female", as the | ||||||
8 | context of this
Act may require.
| ||||||
9 | H. "Adoption disruption" occurs when an adoptive placement | ||||||
10 | does not
prove successful and it becomes necessary for the | ||||||
11 | child to be removed from
placement before the adoption is | ||||||
12 | finalized.
| ||||||
13 | I. "Foreign placing agency" is an agency or individual | ||||||
14 | operating in a
country or territory outside the United States | ||||||
15 | that is authorized by its
country to place children for | ||||||
16 | adoption either directly with families in the
United States or | ||||||
17 | through United States based international agencies.
| ||||||
18 | J. "Immediate relatives" means the biological parents, the | ||||||
19 | parents of
the biological parents and siblings of the | ||||||
20 | biological parents.
| ||||||
21 | K. "Intercountry adoption" is a process by which a child | ||||||
22 | from a country
other than the United States is adopted.
| ||||||
23 | L. "Intercountry Adoption Coordinator" is a staff person of | ||||||
24 | the
Department of Children and Family Services appointed by the | ||||||
25 | Director to
coordinate the provision of services by the public | ||||||
26 | and private sector to
prospective parents of foreign-born | ||||||
27 | children.
| ||||||
28 | M. "Interstate Compact on the Placement of Children" is a | ||||||
29 | law enacted by
most states for the purpose of establishing | ||||||
30 | uniform procedures for handling
the interstate placement of | ||||||
31 | children in foster homes, adoptive homes, or
other child care | ||||||
32 | facilities.
| ||||||
33 | N. "Non-Compact state" means a state that has not enacted | ||||||
34 | the
Interstate Compact on the Placement of Children.
| ||||||
35 | O. "Preadoption requirements" are any conditions | ||||||
36 | established by the laws
or regulations of the Federal |
| |||||||
|
|||||||
1 | Government or of each state that must be met
prior to the | ||||||
2 | placement of a child in an adoptive home.
| ||||||
3 | P. "Abused child" means a child whose parent or immediate | ||||||
4 | family member,
or any person responsible for the child's | ||||||
5 | welfare, or any individual
residing in the same home as the | ||||||
6 | child, or a paramour of the child's parent:
| ||||||
7 | (a) inflicts, causes to be inflicted, or allows to be | ||||||
8 | inflicted upon
the child physical injury, by other than | ||||||
9 | accidental means, that causes
death, disfigurement, | ||||||
10 | impairment of physical or emotional health, or loss
or | ||||||
11 | impairment of any bodily function;
| ||||||
12 | (b) creates a substantial risk of physical injury to | ||||||
13 | the child by
other than accidental means which would be | ||||||
14 | likely to cause death,
disfigurement, impairment of | ||||||
15 | physical or emotional health, or loss or
impairment of any | ||||||
16 | bodily function;
| ||||||
17 | (c) commits or allows to be committed any sex offense | ||||||
18 | against the child,
as sex offenses are defined in the | ||||||
19 | Criminal Code of 1961
and extending those definitions of | ||||||
20 | sex offenses to include children under
18 years of age;
| ||||||
21 | (d) commits or allows to be committed an act or acts of | ||||||
22 | torture upon
the child; or
| ||||||
23 | (e) inflicts excessive corporal punishment.
| ||||||
24 | Q. "Neglected child" means any child whose parent or other | ||||||
25 | person
responsible for the child's welfare withholds or denies | ||||||
26 | nourishment or
medically indicated treatment including food or | ||||||
27 | care denied solely on the
basis of the present or anticipated | ||||||
28 | mental or physical impairment as determined
by a physician | ||||||
29 | acting alone or in consultation with other physicians or
| ||||||
30 | otherwise does not provide the proper or necessary support, | ||||||
31 | education
as required by law, or medical or other remedial care | ||||||
32 | recognized under State
law as necessary for a child's | ||||||
33 | well-being, or other care necessary for his
or her well-being, | ||||||
34 | including adequate food, clothing and shelter; or who
is | ||||||
35 | abandoned by his or her parents or other person responsible for | ||||||
36 | the child's
welfare.
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1 | A child shall not be considered neglected or abused for the
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2 | sole reason that the child's parent or other person responsible | ||||||
3 | for his
or her welfare depends upon spiritual means through | ||||||
4 | prayer alone for the
treatment or cure of disease or remedial | ||||||
5 | care as provided under Section 4
of the Abused and Neglected | ||||||
6 | Child Reporting Act.
A child shall not be considered neglected | ||||||
7 | or abused for the sole reason that
the child's parent or other | ||||||
8 | person responsible for the child's welfare failed
to vaccinate, | ||||||
9 | delayed vaccination, or refused vaccination for the child
due | ||||||
10 | to a waiver on religious or medical grounds as permitted by | ||||||
11 | law.
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12 | R. "Putative father" means a man who may be a child's | ||||||
13 | father, but who (1) is
not married to the child's mother on or | ||||||
14 | before the date that the child was or
is to be born and (2) has | ||||||
15 | not established paternity of the child in a court
proceeding | ||||||
16 | before the filing of a petition for the adoption of the child. | ||||||
17 | The
term includes a male who is less than 18 years of age. | ||||||
18 | "Putative father" does
not mean a man who is the child's father | ||||||
19 | as a result of criminal sexual abuse
or assault as defined | ||||||
20 | under Article 12 of the Criminal Code of 1961.
A child shall | ||||||
21 | not be considered neglected or abused for the sole reason that
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22 | the child's parent or other person responsible for the child's | ||||||
23 | welfare failed
to vaccinate, delayed vaccination, or refused | ||||||
24 | vaccination for the child
due to a waiver on religious or | ||||||
25 | medical grounds as permitted by law.
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26 | S. "Standby adoption" means an adoption in which a | ||||||
27 | terminally ill parent
consents to custody and termination of | ||||||
28 | parental rights to become
effective upon the occurrence of a | ||||||
29 | future event, which is either the death of
the terminally ill | ||||||
30 | parent or the request of the parent
for the entry of a final | ||||||
31 | judgment of adoption.
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32 | T. "Terminally ill parent" means a person who has a medical | ||||||
33 | prognosis by a
physician licensed to practice medicine in all | ||||||
34 | of its branches that the person
has an incurable and | ||||||
35 | irreversible condition which will lead to death.
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36 | (Source: P.A. 91-357, eff. 7-29-99; 91-373, eff. 1-1-00; |
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1 | 91-572, eff.
1-1-00; 92-16, eff. 6-28-01; 92-375, eff. 1-1-02; | ||||||
2 | 92-408, eff. 8-17-01; 92-432,
eff. 8-17-01 ; 92-651,
7-11-02; | ||||||
3 | revised 8-23-02.)
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4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
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