| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
1 | AN ACT concerning civil law.
| |||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||
4 | Section 5. The Child Care Act of 1969 is amended by | |||||||||||||||||||||||||
5 | changing Section 2.04 as follows:
| |||||||||||||||||||||||||
6 | (225 ILCS 10/2.04) (from Ch. 23, par. 2212.04)
| |||||||||||||||||||||||||
7 | Sec. 2.04.
"Related" means any of the following | |||||||||||||||||||||||||
8 | relationships by
blood, marriage, civil union, or adoption: | |||||||||||||||||||||||||
9 | parent, grandparent, great-grandparent, great-uncle,
| |||||||||||||||||||||||||
10 | great-aunt, brother, sister,
stepgrandparent, stepparent, | |||||||||||||||||||||||||
11 | stepbrother, stepsister, uncle, aunt, nephew, niece, or
first | |||||||||||||||||||||||||
12 | cousin or second cousin. A person is related to a child as a | |||||||||||||||||||||||||
13 | first cousin or a second cousin if they are both related to the | |||||||||||||||||||||||||
14 | same ancestor as either grandchild or great-grandchild. A child | |||||||||||||||||||||||||
15 | whose parent has executed a consent, a surrender, or a waiver | |||||||||||||||||||||||||
16 | pursuant to Section 10 of the Adoption Act or whose parent has | |||||||||||||||||||||||||
17 | had his or her parental rights terminated is not a related | |||||||||||||||||||||||||
18 | child to that person, unless (1) the consent is determined to | |||||||||||||||||||||||||
19 | be void or is void pursuant to subsection O of Section 10 of | |||||||||||||||||||||||||
20 | the Adoption Act; or (2) the parent of the child executed a | |||||||||||||||||||||||||
21 | consent to adoption by a specified person or persons pursuant | |||||||||||||||||||||||||
22 | to subsection A-1 of Section 10 of the Adoption Act and a court | |||||||||||||||||||||||||
23 | finds that the consent is void; or (3) the order terminating |
| |||||||
| |||||||
1 | the parental rights of the parent is vacated by a court of | ||||||
2 | competent jurisdiction .
| ||||||
3 | (Source: P.A. 80-459 .)
| ||||||
4 | Section 10. The Adoption Act is amended by changing | ||||||
5 | Sections 1, 2, and 4 as follows:
| ||||||
6 | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| ||||||
7 | Sec. 1. Definitions. When used in this Act, unless the | ||||||
8 | context
otherwise requires:
| ||||||
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 | adoption, or civil union : parent, grand-parent, | ||||||
15 | great-grandparent, brother, sister, step-parent,
| ||||||
16 | step-grandparent, step-brother, step-sister, uncle, aunt, | ||||||
17 | great-uncle,
great-aunt, first cousin, or second or cousin of | ||||||
18 | first degree . A person is related to the child as a first | ||||||
19 | cousin or second cousin if they are both related to the same | ||||||
20 | ancestor as either grandchild or great-grandchild. A child | ||||||
21 | whose parent has executed
a final irrevocable consent to | ||||||
22 | adoption , or a final irrevocable surrender , or a waiver | ||||||
23 | pursuant to Section 10 of this Act
for purposes of adoption , or | ||||||
24 | whose parent has had his or her parental rights
terminated, is |
| |||||||
| |||||||
1 | not a related child to that person, unless (1) the consent is
| ||||||
2 | determined to be void or is void pursuant to subsection O of | ||||||
3 | Section 10 of this Act;
or (2) the parent of the child executed | ||||||
4 | a consent to adoption by a specified person or persons pursuant | ||||||
5 | to subsection A-1 of Section 10 of this Act and a court of | ||||||
6 | competent jurisdiction finds that such consent is void; or (3) | ||||||
7 | the order terminating the parental rights of the parent is | ||||||
8 | vacated by a court of competent jurisdiction .
| ||||||
9 | C. "Agency" for the purpose of this Act means a public | ||||||
10 | child welfare agency
or a licensed child welfare agency.
| ||||||
11 | D. "Unfit person" means any person whom the court shall | ||||||
12 | find to be unfit
to have a child, without regard to the | ||||||
13 | likelihood that the child will be
placed for adoption. The | ||||||
14 | grounds of unfitness are any one or more
of the following, | ||||||
15 | except that a person shall not be considered an unfit
person | ||||||
16 | for the sole reason that the person has relinquished a child in
| ||||||
17 | accordance with the Abandoned Newborn Infant Protection Act:
| ||||||
18 | (a) Abandonment of the child.
| ||||||
19 | (a-1) Abandonment of a newborn infant in a hospital.
| ||||||
20 | (a-2) Abandonment of a newborn infant in any setting | ||||||
21 | where the evidence
suggests that the parent intended to | ||||||
22 | relinquish his or her parental rights.
| ||||||
23 | (b) Failure to maintain a reasonable degree of | ||||||
24 | interest, concern or
responsibility as to the child's | ||||||
25 | welfare.
| ||||||
26 | (c) Desertion of the child for more than 3 months next |
| |||||||
| |||||||
1 | preceding the
commencement of the Adoption proceeding.
| ||||||
2 | (d) Substantial neglect
of the
child if continuous or | ||||||
3 | repeated.
| ||||||
4 | (d-1) Substantial neglect, if continuous or repeated, | ||||||
5 | of any child
residing in the household which resulted in | ||||||
6 | the death of that child.
| ||||||
7 | (e) Extreme or repeated cruelty to the child.
| ||||||
8 | (f) There is a rebuttable presumption, which can be | ||||||
9 | overcome only by clear and convincing evidence, that a | ||||||
10 | parent is unfit if:
| ||||||
11 | (1) Two or more findings of physical abuse have | ||||||
12 | been entered regarding any children under Section 2-21 | ||||||
13 | of the Juvenile Court Act
of 1987, the most recent of | ||||||
14 | which was determined by the juvenile court
hearing the | ||||||
15 | matter to be supported by clear and convincing | ||||||
16 | evidence; or | ||||||
17 | (2) The parent has been convicted or found not | ||||||
18 | guilty by reason of insanity and the conviction or | ||||||
19 | finding resulted from the death of any child by | ||||||
20 | physical abuse; or
| ||||||
21 | (3) There is a finding of physical child abuse | ||||||
22 | resulting from the death of any
child under Section | ||||||
23 | 2-21 of the
Juvenile Court Act of 1987. | ||||||
24 | No conviction or finding of delinquency pursuant | ||||||
25 | to Article V 5 of the Juvenile Court Act of 1987 shall | ||||||
26 | be considered a criminal conviction for the purpose of |
| |||||||
| |||||||
1 | applying any presumption under this item (f).
| ||||||
2 | (g) Failure to protect the child from conditions within | ||||||
3 | his environment
injurious to the child's welfare.
| ||||||
4 | (h) Other neglect of, or misconduct toward the child; | ||||||
5 | provided that in
making a finding of unfitness the court | ||||||
6 | hearing the adoption proceeding
shall not be bound by any | ||||||
7 | previous finding, order or judgment affecting
or | ||||||
8 | determining the rights of the parents toward the child | ||||||
9 | sought to be adopted
in any other proceeding except such | ||||||
10 | proceedings terminating parental rights
as shall be had | ||||||
11 | under either this Act, the Juvenile Court Act or
the | ||||||
12 | Juvenile Court Act of 1987.
| ||||||
13 | (i) Depravity. Conviction of any one of the following
| ||||||
14 | crimes shall create a presumption that a parent is depraved | ||||||
15 | which can be
overcome only by clear and convincing | ||||||
16 | evidence:
(1) first degree murder in violation of paragraph | ||||||
17 | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | ||||||
18 | Code of 1961 or the Criminal Code of 2012 or conviction
of | ||||||
19 | second degree murder in violation of subsection (a) of | ||||||
20 | Section 9-2 of the
Criminal Code of 1961 or the Criminal | ||||||
21 | Code of 2012 of a parent of the child to be adopted; (2)
| ||||||
22 | first degree murder or second degree murder of any child in
| ||||||
23 | violation of the Criminal Code of 1961 or the Criminal Code | ||||||
24 | of 2012; (3)
attempt or conspiracy to commit first degree | ||||||
25 | murder or second degree murder
of any child in violation of | ||||||
26 | the Criminal Code of 1961 or the Criminal Code of 2012; (4)
|
| |||||||
| |||||||
1 | solicitation to commit murder of any child, solicitation to
| ||||||
2 | commit murder of any child for hire, or solicitation to | ||||||
3 | commit second
degree murder of any child in violation of | ||||||
4 | the Criminal Code of 1961 or the Criminal Code of 2012; (5)
| ||||||
5 | predatory criminal sexual assault of a child in violation | ||||||
6 | of
Section 11-1.40 or 12-14.1 of the Criminal Code of 1961 | ||||||
7 | or the Criminal Code of 2012; (6) heinous battery of any | ||||||
8 | child in violation of the Criminal Code of 1961; or (7) | ||||||
9 | aggravated battery of any child in violation of the | ||||||
10 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
11 | There is a rebuttable presumption that a parent is | ||||||
12 | depraved if the parent
has been criminally convicted of at | ||||||
13 | least 3 felonies under the laws of this
State or any other | ||||||
14 | state, or under federal law, or the criminal laws of any
| ||||||
15 | United States territory; and at least
one of these
| ||||||
16 | convictions took place within 5 years of the filing of the | ||||||
17 | petition or motion
seeking termination of parental rights.
| ||||||
18 | There is a rebuttable presumption that a parent is | ||||||
19 | depraved if that
parent
has
been criminally convicted of | ||||||
20 | either first or second degree murder of any person
as | ||||||
21 | defined in the Criminal Code of 1961 or the Criminal Code | ||||||
22 | of 2012 within 10 years of the filing date of
the petition | ||||||
23 | or motion to terminate parental rights. | ||||||
24 | No conviction or finding of delinquency pursuant to | ||||||
25 | Article 5 of the Juvenile Court Act of 1987 shall be | ||||||
26 | considered a criminal conviction for the purpose of |
| |||||||
| |||||||
1 | applying any presumption under this item (i).
| ||||||
2 | (j) Open and notorious adultery or fornication.
| ||||||
3 | (j-1) (Blank).
| ||||||
4 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
5 | than those
prescribed by a physician, for at least one year | ||||||
6 | immediately
prior to the commencement of the unfitness | ||||||
7 | proceeding.
| ||||||
8 | There is a rebuttable presumption that a parent is | ||||||
9 | unfit under this
subsection
with respect to any child to | ||||||
10 | which that parent gives birth where there is a
confirmed
| ||||||
11 | test result that at birth the child's blood, urine, or | ||||||
12 | meconium contained any
amount of a controlled substance as | ||||||
13 | defined in subsection (f) of Section 102 of
the Illinois | ||||||
14 | Controlled Substances Act or metabolites of such | ||||||
15 | substances, the
presence of which in the newborn infant was | ||||||
16 | not the result of medical treatment
administered to the | ||||||
17 | mother or the newborn infant; and the biological mother of
| ||||||
18 | this child is the biological mother of at least one other | ||||||
19 | child who was
adjudicated a neglected minor under | ||||||
20 | subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||||||
21 | 1987.
| ||||||
22 | (l) Failure to demonstrate a reasonable degree of | ||||||
23 | interest, concern or
responsibility as to the welfare of a | ||||||
24 | new born child during the first 30
days after its birth.
| ||||||
25 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
26 | to correct the
conditions that were the basis for the |
| |||||||
| |||||||
1 | removal of the child from the
parent during any 9-month | ||||||
2 | period following the adjudication of neglected or abused | ||||||
3 | minor under Section 2-3 of the Juvenile Court Act of 1987 | ||||||
4 | or dependent minor under Section 2-4 of that Act, or (ii) | ||||||
5 | to make reasonable progress
toward the return of the
child | ||||||
6 | to the parent during any 9-month period following the | ||||||
7 | adjudication of
neglected or abused minor under Section 2-3 | ||||||
8 | of the Juvenile Court
Act of 1987 or dependent minor under | ||||||
9 | Section 2-4 of that Act.
If a service plan has been | ||||||
10 | established as
required under
Section 8.2 of the Abused and | ||||||
11 | Neglected Child Reporting Act to correct the
conditions | ||||||
12 | that were the basis for the removal of the child from the | ||||||
13 | parent
and if those services were available,
then, for | ||||||
14 | purposes of this Act, "failure to make reasonable progress | ||||||
15 | toward the
return of the child to the parent" includes the | ||||||
16 | parent's failure to substantially fulfill his or her | ||||||
17 | obligations
under
the service plan and correct the | ||||||
18 | conditions that brought the child into care
during any | ||||||
19 | 9-month period
following the adjudication under Section | ||||||
20 | 2-3 or 2-4 of the Juvenile Court
Act of 1987. | ||||||
21 | Notwithstanding any other provision, when a petition or | ||||||
22 | motion seeks to terminate parental rights on the basis of | ||||||
23 | item (ii) of this subsection (m), the petitioner shall file | ||||||
24 | with the court and serve on the parties a pleading that | ||||||
25 | specifies the 9-month period or periods relied on. The | ||||||
26 | pleading shall be filed and served on the parties no later |
| |||||||
| |||||||
1 | than 3 weeks before the date set by the court for closure | ||||||
2 | of discovery, and the allegations in the pleading shall be | ||||||
3 | treated as incorporated into the petition or motion. | ||||||
4 | Failure of a respondent to file a written denial of the | ||||||
5 | allegations in the pleading shall not be treated as an | ||||||
6 | admission that the allegations are true.
| ||||||
7 | (m-1) Pursuant to the Juvenile Court Act of 1987, a | ||||||
8 | child
has been in foster care for 15 months out of any 22 | ||||||
9 | month period which begins
on or after the effective date of | ||||||
10 | this amendatory Act of 1998 unless the
child's parent can | ||||||
11 | prove
by a preponderance of the evidence that it is more | ||||||
12 | likely than not that it will
be in the best interests of | ||||||
13 | the child to be returned to the parent within 6
months of | ||||||
14 | the date on which a petition for termination of parental | ||||||
15 | rights is
filed under the Juvenile Court Act of 1987. The | ||||||
16 | 15 month time limit is tolled
during
any period for which | ||||||
17 | there is a court finding that the appointed custodian or
| ||||||
18 | guardian failed to make reasonable efforts to reunify the | ||||||
19 | child with his or her
family, provided that (i) the finding | ||||||
20 | of no reasonable efforts is made within
60 days of the | ||||||
21 | period when reasonable efforts were not made or (ii) the | ||||||
22 | parent
filed a motion requesting a finding of no reasonable | ||||||
23 | efforts within 60 days of
the period when reasonable | ||||||
24 | efforts were not made. For purposes of this
subdivision | ||||||
25 | (m-1), the date of entering foster care is the earlier of: | ||||||
26 | (i) the
date of
a judicial finding at an adjudicatory |
| |||||||
| |||||||
1 | hearing that the child is an abused,
neglected, or | ||||||
2 | dependent minor; or (ii) 60 days after the date on which | ||||||
3 | the
child is removed from his or her parent, guardian, or | ||||||
4 | legal custodian.
| ||||||
5 | (n) Evidence of intent to forgo his or her parental | ||||||
6 | rights,
whether or
not the child is a ward of the court, | ||||||
7 | (1) as manifested
by his or her failure for a period of 12 | ||||||
8 | months: (i) to visit the child,
(ii) to communicate with | ||||||
9 | the child or agency, although able to do so and
not | ||||||
10 | prevented from doing so by an agency or by court order, or | ||||||
11 | (iii) to
maintain contact with or plan for the future of | ||||||
12 | the child, although physically
able to do so, or (2) as | ||||||
13 | manifested by the father's failure, where he
and the mother | ||||||
14 | of the child were unmarried to each other at the time of | ||||||
15 | the
child's birth, (i) to commence legal proceedings to | ||||||
16 | establish his paternity
under the Illinois Parentage Act of | ||||||
17 | 1984 or the law of the jurisdiction of
the child's birth | ||||||
18 | within 30 days of being informed, pursuant to Section 12a
| ||||||
19 | of this Act, that he is the father or the likely father of | ||||||
20 | the child or,
after being so informed where the child is | ||||||
21 | not yet born, within 30 days of
the child's birth, or (ii) | ||||||
22 | to make a good faith effort to pay a reasonable
amount of | ||||||
23 | the expenses related to the birth of the child and to | ||||||
24 | provide a
reasonable amount for the financial support of | ||||||
25 | the child, the court to
consider in its determination all | ||||||
26 | relevant circumstances, including the
financial condition |
| |||||||
| |||||||
1 | of both parents; provided that the ground for
termination | ||||||
2 | provided in this subparagraph (n)(2)(ii) shall only be
| ||||||
3 | available where the petition is brought by the mother or | ||||||
4 | the husband of
the mother.
| ||||||
5 | Contact or communication by a parent with his or her | ||||||
6 | child that does not
demonstrate affection and concern does | ||||||
7 | not constitute reasonable contact
and planning under | ||||||
8 | subdivision (n). In the absence of evidence to the
| ||||||
9 | contrary, the ability to visit, communicate, maintain | ||||||
10 | contact, pay
expenses and plan for the future shall be | ||||||
11 | presumed. The subjective intent
of the parent, whether | ||||||
12 | expressed or otherwise, unsupported by evidence of
the | ||||||
13 | foregoing parental acts manifesting that intent, shall not | ||||||
14 | preclude a
determination that the parent has intended to | ||||||
15 | forgo his or her
parental
rights. In making this | ||||||
16 | determination, the court may consider but shall not
require | ||||||
17 | a showing of diligent efforts by an authorized agency to | ||||||
18 | encourage
the parent to perform the acts specified in | ||||||
19 | subdivision (n).
| ||||||
20 | It shall be an affirmative defense to any allegation | ||||||
21 | under paragraph
(2) of this subsection that the father's | ||||||
22 | failure was due to circumstances
beyond his control or to | ||||||
23 | impediments created by the mother or any other
person | ||||||
24 | having legal custody. Proof of that fact need only be by a
| ||||||
25 | preponderance of the evidence.
| ||||||
26 | (o) Repeated or continuous failure by the parents, |
| |||||||
| |||||||
1 | although physically
and financially able, to provide the | ||||||
2 | child with adequate food, clothing,
or shelter.
| ||||||
3 | (p) Inability to discharge parental responsibilities | ||||||
4 | supported by
competent evidence from a psychiatrist, | ||||||
5 | licensed clinical social
worker, or clinical psychologist | ||||||
6 | of mental
impairment, mental illness or an intellectual | ||||||
7 | disability as defined in Section
1-116 of the Mental Health | ||||||
8 | and Developmental Disabilities Code, or
developmental | ||||||
9 | disability as defined in Section 1-106 of that Code, and
| ||||||
10 | there is sufficient justification to believe that the | ||||||
11 | inability to
discharge parental responsibilities shall | ||||||
12 | extend beyond a reasonable
time period. However, this | ||||||
13 | subdivision (p) shall not be construed so as to
permit a | ||||||
14 | licensed clinical social worker to conduct any medical | ||||||
15 | diagnosis to
determine mental illness or mental | ||||||
16 | impairment.
| ||||||
17 | (q) (Blank).
| ||||||
18 | (r) The child is in the temporary custody or | ||||||
19 | guardianship of the
Department of Children and Family | ||||||
20 | Services, the parent is incarcerated as a
result of | ||||||
21 | criminal conviction at the time the petition or motion for
| ||||||
22 | termination of parental rights is filed, prior to | ||||||
23 | incarceration the parent had
little or no contact with the | ||||||
24 | child or provided little or no support for the
child, and | ||||||
25 | the parent's incarceration will prevent the parent from | ||||||
26 | discharging
his or her parental responsibilities for the |
| |||||||
| |||||||
1 | child for a period in excess of 2
years after the filing of | ||||||
2 | the petition or motion for termination of parental
rights.
| ||||||
3 | (s) The child is in the temporary custody or | ||||||
4 | guardianship of the
Department of Children and Family | ||||||
5 | Services, the parent is incarcerated at the
time the | ||||||
6 | petition or motion for termination of parental rights is | ||||||
7 | filed, the
parent has been repeatedly incarcerated as a | ||||||
8 | result of criminal convictions,
and the parent's repeated | ||||||
9 | incarceration has prevented the parent from
discharging | ||||||
10 | his or her parental responsibilities for the child.
| ||||||
11 | (t) A finding that at birth the child's blood,
urine, | ||||||
12 | or meconium contained any amount of a controlled substance | ||||||
13 | as
defined in subsection (f) of Section 102 of the Illinois | ||||||
14 | Controlled Substances
Act, or a metabolite of a controlled | ||||||
15 | substance, with the exception of
controlled substances or | ||||||
16 | metabolites of such substances, the presence of which
in | ||||||
17 | the newborn infant was the result of medical treatment | ||||||
18 | administered to the
mother or the newborn infant, and that | ||||||
19 | the biological mother of this child is
the biological | ||||||
20 | mother of at least one other child who was adjudicated a
| ||||||
21 | neglected minor under subsection (c) of Section 2-3 of the | ||||||
22 | Juvenile Court Act
of 1987, after which the biological | ||||||
23 | mother had the opportunity to enroll in
and participate in | ||||||
24 | a clinically appropriate substance abuse
counseling, | ||||||
25 | treatment, and rehabilitation program.
| ||||||
26 | E. "Parent" or "co-parent" means a person who is the legal |
| |||||||
| |||||||
1 | mother or legal father of the child as defined in subsection X | ||||||
2 | or Y of this Section. For the purpose of this Act, a parent who | ||||||
3 | has executed a consent to adoption, a surrender, or a waiver | ||||||
4 | pursuant to Section 10 of this Act, who has signed a Denial of | ||||||
5 | Paternity pursuant to Section 12 of the Vital Records Act, or | ||||||
6 | whose parental rights have been terminated by a court, is not a | ||||||
7 | parent of the child who was the subject of the consent, | ||||||
8 | surrender, or waiver unless (1) the consent is void pursuant to | ||||||
9 | subsection O of Section 10 of this Act; or (2) the person | ||||||
10 | executed a consent to adoption by a specified person or persons | ||||||
11 | pursuant to subsection A-1 of Section 10 of this Act and a | ||||||
12 | court of competent jurisdiction finds that the consent is void; | ||||||
13 | or (3) the order terminating the parental rights of the person | ||||||
14 | is vacated by a court of competent jurisdiction the father or | ||||||
15 | mother of a lawful child of the parties or child born out of | ||||||
16 | wedlock. For the purpose of this Act, a person who has executed | ||||||
17 | a final and
irrevocable consent to adoption or a final and | ||||||
18 | irrevocable surrender for
purposes of adoption, or whose | ||||||
19 | 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;
|
| |||||||
| |||||||
1 | (b) a child to whose adoption a person authorized by | ||||||
2 | law, other than his
parents, has consented, or to whose | ||||||
3 | adoption no consent is required pursuant
to Section 8 of | ||||||
4 | this Act;
| ||||||
5 | (c) a child who is in the custody of persons who intend | ||||||
6 | to adopt him
through placement made by his parents;
| ||||||
7 | (c-1) a child for whom a parent has signed a specific | ||||||
8 | consent pursuant
to subsection O of Section 10;
| ||||||
9 | (d) an adult who meets the conditions set forth in | ||||||
10 | Section 3 of this
Act; or
| ||||||
11 | (e) a child who has been relinquished as defined in | ||||||
12 | Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||||||
13 | A person who would otherwise be available for adoption | ||||||
14 | shall not be
deemed unavailable for adoption solely by reason | ||||||
15 | of his or her death.
| ||||||
16 | G. The singular includes the plural and the plural includes
| ||||||
17 | the singular and the "male" includes the "female", as the | ||||||
18 | context of this
Act may require.
| ||||||
19 | H. "Adoption disruption" occurs when an adoptive placement | ||||||
20 | does not
prove successful and it becomes necessary for the | ||||||
21 | child to be removed from
placement before the adoption is | ||||||
22 | finalized.
| ||||||
23 | I. "Habitual residence" has the meaning ascribed to it in | ||||||
24 | the federal Intercountry Adoption Act of 2000 and regulations | ||||||
25 | promulgated thereunder.
| ||||||
26 | J. "Immediate relatives" means the biological parents, the |
| |||||||
| |||||||
1 | parents of
the biological parents and siblings of the | ||||||
2 | biological parents.
| ||||||
3 | K. "Intercountry adoption" is a process by which a child | ||||||
4 | from a country
other than the United States is adopted by | ||||||
5 | persons who are habitual residents of the United States, or the | ||||||
6 | child is a habitual resident of the United States who is | ||||||
7 | adopted by persons who are habitual residents of a country | ||||||
8 | other than the United States.
| ||||||
9 | L. "Intercountry Adoption Coordinator" means a staff | ||||||
10 | person of the
Department of Children and Family Services | ||||||
11 | appointed by the Director to
coordinate the provision of | ||||||
12 | services related to an intercountry adoption.
| ||||||
13 | M. "Interstate Compact on the Placement of Children" is a | ||||||
14 | law enacted by all
states and certain territories for the | ||||||
15 | purpose of establishing uniform procedures for handling
the | ||||||
16 | interstate placement of children in foster homes, adoptive | ||||||
17 | homes, or
other child care facilities.
| ||||||
18 | N. (Blank).
| ||||||
19 | O. "Preadoption requirements" means any conditions or | ||||||
20 | standards established by the laws or administrative rules of | ||||||
21 | this State that must be met by a prospective adoptive parent
| ||||||
22 | prior to the placement of a child in an adoptive home.
| ||||||
23 | P. "Abused child" means a child whose parent or immediate | ||||||
24 | family member,
or any person responsible for the child's | ||||||
25 | welfare, or any individual
residing in the same home as the | ||||||
26 | child, or a paramour of the child's parent:
|
| |||||||
| |||||||
1 | (a) inflicts, causes to be inflicted, or allows to be | ||||||
2 | inflicted upon
the child physical injury, by other than | ||||||
3 | accidental means, that causes
death, disfigurement, | ||||||
4 | impairment of physical or emotional health, or loss
or | ||||||
5 | impairment of any bodily function;
| ||||||
6 | (b) creates a substantial risk of physical injury to | ||||||
7 | the child by
other than accidental means which would be | ||||||
8 | likely to cause death,
disfigurement, impairment of | ||||||
9 | physical or emotional health, or loss or
impairment of any | ||||||
10 | bodily function;
| ||||||
11 | (c) commits or allows to be committed any sex offense | ||||||
12 | against the child,
as sex offenses are defined in the | ||||||
13 | Criminal Code of 2012
and extending those definitions of | ||||||
14 | sex offenses to include children under
18 years of age;
| ||||||
15 | (d) commits or allows to be committed an act or acts of | ||||||
16 | torture upon
the child; or
| ||||||
17 | (e) inflicts excessive corporal punishment.
| ||||||
18 | Q. "Neglected child" means any child whose parent or other | ||||||
19 | person
responsible for the child's welfare withholds or denies | ||||||
20 | nourishment or
medically indicated treatment including food or | ||||||
21 | care denied solely on the
basis of the present or anticipated | ||||||
22 | mental or physical impairment as determined
by a physician | ||||||
23 | acting alone or in consultation with other physicians or
| ||||||
24 | otherwise does not provide the proper or necessary support, | ||||||
25 | education
as required by law, or medical or other remedial care | ||||||
26 | recognized under State
law as necessary for a child's |
| |||||||
| |||||||
1 | well-being, or other care necessary for his
or her well-being, | ||||||
2 | including adequate food, clothing and shelter; or who
is | ||||||
3 | abandoned by his or her parents or other person responsible for | ||||||
4 | the child's
welfare.
| ||||||
5 | A child shall not be considered neglected or abused for the
| ||||||
6 | sole reason that the child's parent or other person responsible | ||||||
7 | for his
or her welfare depends upon spiritual means through | ||||||
8 | prayer alone for the
treatment or cure of disease or remedial | ||||||
9 | care as provided under Section 4
of the Abused and Neglected | ||||||
10 | Child Reporting Act.
A child shall not be considered neglected | ||||||
11 | or abused for the sole reason that
the child's parent or other | ||||||
12 | person responsible for the child's welfare failed
to vaccinate, | ||||||
13 | delayed vaccination, or refused vaccination for the child
due | ||||||
14 | to a waiver on religious or medical grounds as permitted by | ||||||
15 | law.
| ||||||
16 | R. "Putative father" means a man who may be a child's | ||||||
17 | father, but who (1) is
not married to the child's mother on or | ||||||
18 | before the date that the child was or
is to be born and (2) has | ||||||
19 | not established paternity of the child in a court
proceeding | ||||||
20 | before the filing of a petition for the adoption of the child. | ||||||
21 | The
term includes a male who is less than 18 years of age. | ||||||
22 | "Putative father" does
not mean a man who is the child's father | ||||||
23 | as a result of criminal sexual abuse
or assault as defined | ||||||
24 | under Article 11 of the Criminal Code of 2012.
| ||||||
25 | S. "Standby adoption" means an adoption in which a parent
| ||||||
26 | consents to custody and termination of parental rights to |
| |||||||
| |||||||
1 | become
effective upon the occurrence of a future event, which | ||||||
2 | is either the death of
the
parent or the request of the parent
| ||||||
3 | for the entry of a final judgment of adoption.
| ||||||
4 | T. (Blank).
| ||||||
5 | T-5. "Biological parent", "birth parent", or "natural | ||||||
6 | parent" of a child are interchangeable terms that mean a person | ||||||
7 | who is biologically or genetically related to that child as a | ||||||
8 | parent. | ||||||
9 | U. "Interstate adoption" means the placement of a minor | ||||||
10 | child with a prospective adoptive parent for the purpose of | ||||||
11 | pursuing an adoption for that child that is subject to the | ||||||
12 | provisions of the Interstate Compact on Placement of Children. | ||||||
13 | V. "Endorsement letter" means the letter issued by the | ||||||
14 | Department of Children and Family Services to document that a | ||||||
15 | prospective adoptive parent has met preadoption requirements | ||||||
16 | and has been deemed suitable by the Department to adopt a child | ||||||
17 | who is the subject of an intercountry adoption. | ||||||
18 | W. "Denial letter" means the letter issued by the | ||||||
19 | Department of Children and Family Services to document that a | ||||||
20 | prospective adoptive parent has not met preadoption | ||||||
21 | requirements and has not been deemed suitable by the Department | ||||||
22 | to adopt a child who is the subject of an intercountry | ||||||
23 | adoption. | ||||||
24 | X. "Legal father" of a child means a man who is recognized | ||||||
25 | as that child's father: | ||||||
26 | (1) because of his marriage to or civil union with the |
| |||||||
| |||||||
1 | child's parent at the time of the child's birth or within | ||||||
2 | 300 days prior to that child's birth, unless he signed a | ||||||
3 | denial of paternity pursuant to Section 12 of the Vital | ||||||
4 | Records Act; or | ||||||
5 | (2) because his paternity of the child has been | ||||||
6 | established pursuant to the Illinois Parentage Act, the | ||||||
7 | Illinois Parentage Act of 1984, or the Gestational | ||||||
8 | Surrogacy Act; or | ||||||
9 | (3) because he is listed as the child's father, parent, | ||||||
10 | or co-parent on the child's birth certificate, unless he is | ||||||
11 | otherwise determined by an administrative or judicial | ||||||
12 | proceeding not to be the parent of the child or unless he | ||||||
13 | rescinds his acknowledgment of paternity pursuant to the | ||||||
14 | Illinois Parentage Act of 1984; or | ||||||
15 | (4) because his paternity or adoption of the child has | ||||||
16 | been established by a court of competent jurisdiction. | ||||||
17 | Y. "Legal mother" of a child means a woman who is | ||||||
18 | recognized as that child's mother: | ||||||
19 | (1) because she gave birth to the child except as | ||||||
20 | provided in the Gestational Surrogacy Act; or | ||||||
21 | (2) because her maternity of the child has been | ||||||
22 | established pursuant to the Illinois Parentage Act of 1984 | ||||||
23 | or the Gestational Surrogacy Act; or | ||||||
24 | (3) because her maternity or adoption of the child has | ||||||
25 | been established by a court of competent jurisdiction; or | ||||||
26 | (4) because of her marriage to or civil union with the |
| |||||||
| |||||||
1 | child's other parent at the time of the child's birth or | ||||||
2 | within 300 days prior to the time of birth; or | ||||||
3 | (5) because she is listed as the child's mother, | ||||||
4 | parent, or co-parent on the child's birth certificate | ||||||
5 | unless she is otherwise determined by an administrative or | ||||||
6 | judicial proceeding not to be the parent of the child. | ||||||
7 | (Source: P.A. 97-227, eff. 1-1-12; 97-1109, eff. 1-1-13; | ||||||
8 | 97-1150, eff. 1-25-13; 98-455, eff. 1-1-14; 98-532, eff. | ||||||
9 | 1-1-14; revised 9-24-13 .)
| ||||||
10 | (750 ILCS 50/2) (from Ch. 40, par. 1502)
| ||||||
11 | Sec. 2. Who may
adopt a child.
| ||||||
12 | A. Any of the following persons, who is under no legal | ||||||
13 | disability
(except the minority specified in sub-paragraph | ||||||
14 | (b)) and who has resided in
the State of Illinois continuously | ||||||
15 | for a period of at least 6 months
immediately preceding the | ||||||
16 | commencement of an adoption proceeding, or any
member of the | ||||||
17 | armed forces of the United States who has been domiciled in
the | ||||||
18 | State of Illinois for 90 days, may
institute such proceeding:
| ||||||
19 | (a) A reputable person of legal age and of either sex, | ||||||
20 | provided that if
such person is married and has not been living | ||||||
21 | separate and apart from his or
her spouse for 12 months or | ||||||
22 | longer, his or her spouse shall be a party to the
adoption
| ||||||
23 | proceeding, including a husband or wife desiring to adopt a | ||||||
24 | child of the
other spouse, in all of which cases the adoption | ||||||
25 | shall be by both spouses
jointly;
|
| |||||||
| |||||||
1 | (b) A minor, by leave of court upon good cause shown.
| ||||||
2 | B. The residence requirement specified in paragraph A of | ||||||
3 | this Section
shall not apply to an adoption of a related child | ||||||
4 | or to an adoption of a
child placed by an agency or if the child | ||||||
5 | to be adopted has resided in this State for a period of 6 | ||||||
6 | months immediately preceding the commencement of the adoption | ||||||
7 | proceeding or since birth if the child is not yet 6 months of | ||||||
8 | age .
| ||||||
9 | (Source: P.A. 96-328, eff. 8-11-09.)
| ||||||
10 | (750 ILCS 50/4) (from Ch. 40, par. 1505)
| ||||||
11 | Sec. 4. Venue Jurisdiction and venue .
| ||||||
12 | An adoption proceeding may be commenced in any county in | ||||||
13 | this State the circuit court of the
county in which petitioners | ||||||
14 | reside, or the county in which the person to be
adopted | ||||||
15 | resides, or was born, or the county in which the parents of | ||||||
16 | such
person reside, provided, however, if an agency has | ||||||
17 | acquired the custody and
control of a child and such agency is | ||||||
18 | authorized to consent to the adoption
of such child, the | ||||||
19 | proceeding may be commenced in any county, and provided
further | ||||||
20 | that if a guardian of the person of such child has been | ||||||
21 | appointed
by a court of competent jurisdiction, the proceeding | ||||||
22 | may be commenced in
any county .
| ||||||
23 | (Source: Laws 1965, p. 3308.)
|