103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2885

 

Introduced 2/16/2023, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/1-2  from Ch. 37, par. 801-2
705 ILCS 405/1-3  from Ch. 37, par. 801-3
705 ILCS 405/2-10  from Ch. 37, par. 802-10
705 ILCS 405/2-13  from Ch. 37, par. 802-13
705 ILCS 405/2-13.1
705 ILCS 405/2-21  from Ch. 37, par. 802-21
705 ILCS 405/2-28  from Ch. 37, par. 802-28
705 ILCS 405/2-31  from Ch. 37, par. 802-31
750 ILCS 50/1  from Ch. 40, par. 1501

    Amends the Juvenile Court Act of 1987. Changes all references in the General Provisions Article and the Abused, Neglected or Dependent Minors Article of the Act from "reasonable efforts" to "active efforts". Defines "active efforts" as efforts that are affirmative, active, thorough, timely and intended to maintain or reunite a child with the child's family and represent a higher standard of conduct than reasonable efforts. Amends the Adoption Act. Provides that a person shall not be considered an unfit person for the sole reason that the Department of Children and Family Services or its assign has been found to have not made active efforts as defined in the Juvenile Court Act of 1987 during any period during the pendency of the case at hand.


LRB103 26122 RLC 52478 b

 

 

A BILL FOR

 

HB2885LRB103 26122 RLC 52478 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 1-2, 1-3, 2-10, 2-13, 2-13.1, 2-21, 2-28,
6and 2-31 as follows:
 
7    (705 ILCS 405/1-2)  (from Ch. 37, par. 801-2)
8    Sec. 1-2. Purpose and policy.
9    (1) The purpose of this Act is to secure for each minor
10subject hereto such care and guidance, preferably in his or
11her own home, as will serve the safety and moral, emotional,
12mental, and physical welfare of the minor and the best
13interests of the community; to preserve and strengthen the
14minor's family ties whenever possible, removing him or her
15from the custody of his or her parents only when his or her
16safety or welfare or the protection of the public cannot be
17adequately safeguarded without removal; if the child is
18removed from the custody of his or her parent, the Department
19of Children and Family Services immediately shall consider
20concurrent planning, as described in Section 5 of the Children
21and Family Services Act so that permanency may occur at the
22earliest opportunity; consideration should be given so that if
23reunification fails or is delayed, the placement made is the

 

 

HB2885- 2 -LRB103 26122 RLC 52478 b

1best available placement to provide permanency for the child;
2and, when the minor is removed from his or her own family, to
3secure for him or her custody, care and discipline as nearly as
4possible equivalent to that which should be given by his or her
5parents, and in cases where it should and can properly be done
6to place the minor in a family home so that he or she may
7become a member of the family by legal adoption or otherwise.
8Provided that a ground for unfitness under the Adoption Act
9can be met, it may be appropriate to expedite termination of
10parental rights:
11        (a) when active reasonable efforts are inappropriate,
12    or have been provided and were unsuccessful, and there are
13    aggravating circumstances including, but not limited to,
14    those cases in which (i) the child or another child of that
15    child's parent was (A) abandoned, (B) tortured, or (C)
16    chronically abused or (ii) the parent is criminally
17    convicted of (A) first degree murder or second degree
18    murder of any child, (B) attempt or conspiracy to commit
19    first degree murder or second degree murder of any child,
20    (C) solicitation to commit murder, solicitation to commit
21    murder for hire, solicitation to commit second degree
22    murder of any child, or aggravated assault in violation of
23    subdivision (a)(13) of Section 12-2 of the Criminal Code
24    of 1961 or the Criminal Code of 2012, or (D) aggravated
25    criminal sexual assault in violation of Section
26    11-1.40(a)(1) or 12-14.1(a)(1) of the Criminal Code of

 

 

HB2885- 3 -LRB103 26122 RLC 52478 b

1    1961 or the Criminal Code of 2012; or
2        (b) when the parental rights of a parent with respect
3    to another child of the parent have been involuntarily
4    terminated; or
5        (c) in those extreme cases in which the parent's
6    incapacity to care for the child, combined with an
7    extremely poor prognosis for treatment or rehabilitation,
8    justifies expedited termination of parental rights.
9    (2) In all proceedings under this Act the court may direct
10the course thereof so as promptly to ascertain the
11jurisdictional facts and fully to gather information bearing
12upon the current condition and future welfare of persons
13subject to this Act. This Act shall be administered in a spirit
14of humane concern, not only for the rights of the parties, but
15also for the fears and the limits of understanding of all who
16appear before the court.
17    (3) In all procedures under this Act, the following shall
18apply:
19        (a) The procedural rights assured to the minor shall
20    be the rights of adults unless specifically precluded by
21    laws which enhance the protection of such minors.
22        (b) Every child has a right to services necessary to
23    his or her safety and proper development, including
24    health, education and social services.
25        (c) The parents' right to the custody of their child
26    shall not prevail when the court determines that it is

 

 

HB2885- 4 -LRB103 26122 RLC 52478 b

1    contrary to the health, safety, and best interests of the
2    child.
3    (4) This Act shall be liberally construed to carry out the
4foregoing purpose and policy.
5(Source: P.A. 97-1150, eff. 1-25-13.)
 
6    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
7    Sec. 1-3. Definitions. Terms used in this Act, unless the
8context otherwise requires, have the following meanings
9ascribed to them:
10    (.05) "Active efforts" means efforts that are affirmative,
11active, thorough, timely and intended to maintain or reunite a
12child with the child's family and represent a higher standard
13of conduct than reasonable efforts.
14    (1) "Adjudicatory hearing" means a hearing to determine
15whether the allegations of a petition under Section 2-13, 3-15
16or 4-12 that a minor under 18 years of age is abused, neglected
17or dependent, or requires authoritative intervention, or
18addicted, respectively, are supported by a preponderance of
19the evidence or whether the allegations of a petition under
20Section 5-520 that a minor is delinquent are proved beyond a
21reasonable doubt.
22    (2) "Adult" means a person 21 years of age or older.
23    (3) "Agency" means a public or private child care facility
24legally authorized or licensed by this State for placement or
25institutional care or for both placement and institutional

 

 

HB2885- 5 -LRB103 26122 RLC 52478 b

1care.
2    (4) "Association" means any organization, public or
3private, engaged in welfare functions which include services
4to or on behalf of children but does not include "agency" as
5herein defined.
6    (4.05) Whenever a "best interest" determination is
7required, the following factors shall be considered in the
8context of the child's age and developmental needs:
9        (a) the physical safety and welfare of the child,
10    including food, shelter, health, and clothing;
11        (b) the development of the child's identity;
12        (c) the child's background and ties, including
13    familial, cultural, and religious;
14        (d) the child's sense of attachments, including:
15            (i) where the child actually feels love,
16        attachment, and a sense of being valued (as opposed to
17        where adults believe the child should feel such love,
18        attachment, and a sense of being valued);
19            (ii) the child's sense of security;
20            (iii) the child's sense of familiarity;
21            (iv) continuity of affection for the child;
22            (v) the least disruptive placement alternative for
23        the child;
24        (e) the child's wishes and long-term goals;
25        (f) the child's community ties, including church,
26    school, and friends;

 

 

HB2885- 6 -LRB103 26122 RLC 52478 b

1        (g) the child's need for permanence which includes the
2    child's need for stability and continuity of relationships
3    with parent figures and with siblings and other relatives;
4        (h) the uniqueness of every family and child;
5        (i) the risks attendant to entering and being in
6    substitute care; and
7        (j) the preferences of the persons available to care
8    for the child.
9    (4.1) "Chronic truant" shall have the definition ascribed
10to it in Section 26-2a of the School Code.
11    (5) "Court" means the circuit court in a session or
12division assigned to hear proceedings under this Act.
13    (6) "Dispositional hearing" means a hearing to determine
14whether a minor should be adjudged to be a ward of the court,
15and to determine what order of disposition should be made in
16respect to a minor adjudged to be a ward of the court.
17    (6.5) "Dissemination" or "disseminate" means to publish,
18produce, print, manufacture, distribute, sell, lease, exhibit,
19broadcast, display, transmit, or otherwise share information
20in any format so as to make the information accessible to
21others.
22    (7) "Emancipated minor" means any minor 16 years of age or
23over who has been completely or partially emancipated under
24the Emancipation of Minors Act or under this Act.
25    (7.03) "Expunge" means to physically destroy the records
26and to obliterate the minor's name from any official index,

 

 

HB2885- 7 -LRB103 26122 RLC 52478 b

1public record, or electronic database.
2    (7.05) "Foster parent" includes a relative caregiver
3selected by the Department of Children and Family Services to
4provide care for the minor.
5    (8) "Guardianship of the person" of a minor means the duty
6and authority to act in the best interests of the minor,
7subject to residual parental rights and responsibilities, to
8make important decisions in matters having a permanent effect
9on the life and development of the minor and to be concerned
10with his or her general welfare. It includes but is not
11necessarily limited to:
12        (a) the authority to consent to marriage, to
13    enlistment in the armed forces of the United States, or to
14    a major medical, psychiatric, and surgical treatment; to
15    represent the minor in legal actions; and to make other
16    decisions of substantial legal significance concerning the
17    minor;
18        (b) the authority and duty of reasonable visitation,
19    except to the extent that these have been limited in the
20    best interests of the minor by court order;
21        (c) the rights and responsibilities of legal custody
22    except where legal custody has been vested in another
23    person or agency; and
24        (d) the power to consent to the adoption of the minor,
25    but only if expressly conferred on the guardian in
26    accordance with Section 2-29, 3-30, or 4-27.

 

 

HB2885- 8 -LRB103 26122 RLC 52478 b

1    (8.1) "Juvenile court record" includes, but is not limited
2to:
3        (a) all documents filed in or maintained by the
4    juvenile court pertaining to a specific incident,
5    proceeding, or individual;
6        (b) all documents relating to a specific incident,
7    proceeding, or individual made available to or maintained
8    by probation officers;
9        (c) all documents, video or audio tapes, photographs,
10    and exhibits admitted into evidence at juvenile court
11    hearings; or
12        (d) all documents, transcripts, records, reports, or
13    other evidence prepared by, maintained by, or released by
14    any municipal, county, or State agency or department, in
15    any format, if indicating involvement with the juvenile
16    court relating to a specific incident, proceeding, or
17    individual.
18    (8.2) "Juvenile law enforcement record" includes records
19of arrest, station adjustments, fingerprints, probation
20adjustments, the issuance of a notice to appear, or any other
21records or documents maintained by any law enforcement agency
22relating to a minor suspected of committing an offense, and
23records maintained by a law enforcement agency that identifies
24a juvenile as a suspect in committing an offense, but does not
25include records identifying a juvenile as a victim, witness,
26or missing juvenile and any records created, maintained, or

 

 

HB2885- 9 -LRB103 26122 RLC 52478 b

1used for purposes of referral to programs relating to
2diversion as defined in subsection (6) of Section 5-105.
3    (9) "Legal custody" means the relationship created by an
4order of court in the best interests of the minor which imposes
5on the custodian the responsibility of physical possession of
6a minor and the duty to protect, train and discipline him and
7to provide him with food, shelter, education and ordinary
8medical care, except as these are limited by residual parental
9rights and responsibilities and the rights and
10responsibilities of the guardian of the person, if any.
11    (9.1) "Mentally capable adult relative" means a person 21
12years of age or older who is not suffering from a mental
13illness that prevents him or her from providing the care
14necessary to safeguard the physical safety and welfare of a
15minor who is left in that person's care by the parent or
16parents or other person responsible for the minor's welfare.
17    (10) "Minor" means a person under the age of 21 years
18subject to this Act.
19    (11) "Parent" means a father or mother of a child and
20includes any adoptive parent. It also includes a person (i)
21whose parentage is presumed or has been established under the
22law of this or another jurisdiction or (ii) who has registered
23with the Putative Father Registry in accordance with Section
2412.1 of the Adoption Act and whose paternity has not been ruled
25out under the law of this or another jurisdiction. It does not
26include a parent whose rights in respect to the minor have been

 

 

HB2885- 10 -LRB103 26122 RLC 52478 b

1terminated in any manner provided by law. It does not include a
2person who has been or could be determined to be a parent under
3the Illinois Parentage Act of 1984 or the Illinois Parentage
4Act of 2015, or similar parentage law in any other state, if
5that person has been convicted of or pled nolo contendere to a
6crime that resulted in the conception of the child under
7Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
812-14.1, subsection (a) or (b) (but not subsection (c)) of
9Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
10(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
11Criminal Code of 1961 or the Criminal Code of 2012, or similar
12statute in another jurisdiction unless upon motion of any
13party, other than the offender, to the juvenile court
14proceedings the court finds it is in the child's best interest
15to deem the offender a parent for purposes of the juvenile
16court proceedings.
17    (11.1) "Permanency goal" means a goal set by the court as
18defined in subdivision (2) of Section 2-28.
19    (11.2) "Permanency hearing" means a hearing to set the
20permanency goal and to review and determine (i) the
21appropriateness of the services contained in the plan and
22whether those services have been provided, (ii) whether active
23reasonable efforts have been made by all the parties to the
24service plan to achieve the goal, and (iii) whether the plan
25and goal have been achieved.
26    (12) "Petition" means the petition provided for in Section

 

 

HB2885- 11 -LRB103 26122 RLC 52478 b

12-13, 3-15, 4-12 or 5-520, including any supplemental
2petitions thereunder in Section 3-15, 4-12 or 5-520.
3    (12.1) "Physically capable adult relative" means a person
421 years of age or older who does not have a severe physical
5disability or medical condition, or is not suffering from
6alcoholism or drug addiction, that prevents him or her from
7providing the care necessary to safeguard the physical safety
8and welfare of a minor who is left in that person's care by the
9parent or parents or other person responsible for the minor's
10welfare.
11    (12.2) "Post Permanency Sibling Contact Agreement" has the
12meaning ascribed to the term in Section 7.4 of the Children and
13Family Services Act.
14    (12.3) "Residential treatment center" means a licensed
15setting that provides 24-hour care to children in a group home
16or institution, including a facility licensed as a child care
17institution under Section 2.06 of the Child Care Act of 1969, a
18licensed group home under Section 2.16 of the Child Care Act of
191969, a secure child care facility as defined in paragraph
20(18) of this Section, or any similar facility in another
21state. "Residential treatment center" does not include a
22relative foster home or a licensed foster family home.
23    (13) "Residual parental rights and responsibilities" means
24those rights and responsibilities remaining with the parent
25after the transfer of legal custody or guardianship of the
26person, including, but not necessarily limited to, the right

 

 

HB2885- 12 -LRB103 26122 RLC 52478 b

1to reasonable visitation (which may be limited by the court in
2the best interests of the minor as provided in subsection
3(8)(b) of this Section), the right to consent to adoption, the
4right to determine the minor's religious affiliation, and the
5responsibility for his support.
6    (14) "Shelter" means the temporary care of a minor in
7physically unrestricting facilities pending court disposition
8or execution of court order for placement.
9    (14.05) "Shelter placement" means a temporary or emergency
10placement for a minor, including an emergency foster home
11placement.
12    (14.1) "Sibling Contact Support Plan" has the meaning
13ascribed to the term in Section 7.4 of the Children and Family
14Services Act.
15    (14.2) "Significant event report" means a written document
16describing an occurrence or event beyond the customary
17operations, routines, or relationships in the Department of
18Children of Family Services, a child care facility, or other
19entity that is licensed or regulated by the Department of
20Children of Family Services or that provides services for the
21Department of Children of Family Services under a grant,
22contract, or purchase of service agreement; involving children
23or youth, employees, foster parents, or relative caregivers;
24allegations of abuse or neglect or any other incident raising
25a concern about the well-being of a minor under the
26jurisdiction of the court under Article II of the Juvenile

 

 

HB2885- 13 -LRB103 26122 RLC 52478 b

1Court Act; incidents involving damage to property, allegations
2of criminal activity, misconduct, or other occurrences
3affecting the operations of the Department of Children of
4Family Services or a child care facility; any incident that
5could have media impact; and unusual incidents as defined by
6Department of Children and Family Services rule.
7    (15) "Station adjustment" means the informal handling of
8an alleged offender by a juvenile police officer.
9    (16) "Ward of the court" means a minor who is so adjudged
10under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
11requisite jurisdictional facts, and thus is subject to the
12dispositional powers of the court under this Act.
13    (17) "Juvenile police officer" means a sworn police
14officer who has completed a Basic Recruit Training Course, has
15been assigned to the position of juvenile police officer by
16his or her chief law enforcement officer and has completed the
17necessary juvenile officers training as prescribed by the
18Illinois Law Enforcement Training Standards Board, or in the
19case of a State police officer, juvenile officer training
20approved by the Director of the Illinois State Police.
21    (18) "Secure child care facility" means any child care
22facility licensed by the Department of Children and Family
23Services to provide secure living arrangements for children
24under 18 years of age who are subject to placement in
25facilities under the Children and Family Services Act and who
26are not subject to placement in facilities for whom standards

 

 

HB2885- 14 -LRB103 26122 RLC 52478 b

1are established by the Department of Corrections under Section
23-15-2 of the Unified Code of Corrections. "Secure child care
3facility" also means a facility that is designed and operated
4to ensure that all entrances and exits from the facility, a
5building, or a distinct part of the building are under the
6exclusive control of the staff of the facility, whether or not
7the child has the freedom of movement within the perimeter of
8the facility, building, or distinct part of the building.
9(Source: P.A. 102-538, eff. 8-20-21.)
 
10    (705 ILCS 405/2-10)  (from Ch. 37, par. 802-10)
11    Sec. 2-10. Temporary custody hearing. At the appearance of
12the minor before the court at the temporary custody hearing,
13all witnesses present shall be examined before the court in
14relation to any matter connected with the allegations made in
15the petition.
16    (1) If the court finds that there is not probable cause to
17believe that the minor is abused, neglected or dependent it
18shall release the minor and dismiss the petition.
19    (2) If the court finds that there is probable cause to
20believe that the minor is abused, neglected or dependent, the
21court shall state in writing the factual basis supporting its
22finding and the minor, his or her parent, guardian, custodian
23and other persons able to give relevant testimony shall be
24examined before the court. The Department of Children and
25Family Services shall give testimony concerning indicated

 

 

HB2885- 15 -LRB103 26122 RLC 52478 b

1reports of abuse and neglect, of which they are aware through
2the central registry, involving the minor's parent, guardian
3or custodian. After such testimony, the court may, consistent
4with the health, safety and best interests of the minor, enter
5an order that the minor shall be released upon the request of
6parent, guardian or custodian if the parent, guardian or
7custodian appears to take custody. If it is determined that a
8parent's, guardian's, or custodian's compliance with critical
9services mitigates the necessity for removal of the minor from
10his or her home, the court may enter an Order of Protection
11setting forth reasonable conditions of behavior that a parent,
12guardian, or custodian must observe for a specified period of
13time, not to exceed 12 months, without a violation; provided,
14however, that the 12-month period shall begin anew after any
15violation. "Custodian" includes the Department of Children and
16Family Services, if it has been given custody of the child, or
17any other agency of the State which has been given custody or
18wardship of the child. If it is consistent with the health,
19safety and best interests of the minor, the court may also
20prescribe shelter care and order that the minor be kept in a
21suitable place designated by the court or in a shelter care
22facility designated by the Department of Children and Family
23Services or a licensed child welfare agency; however, on and
24after January 1, 2015 (the effective date of Public Act
2598-803) and before January 1, 2017, a minor charged with a
26criminal offense under the Criminal Code of 1961 or the

 

 

HB2885- 16 -LRB103 26122 RLC 52478 b

1Criminal Code of 2012 or adjudicated delinquent shall not be
2placed in the custody of or committed to the Department of
3Children and Family Services by any court, except a minor less
4than 16 years of age and committed to the Department of
5Children and Family Services under Section 5-710 of this Act
6or a minor for whom an independent basis of abuse, neglect, or
7dependency exists; and on and after January 1, 2017, a minor
8charged with a criminal offense under the Criminal Code of
91961 or the Criminal Code of 2012 or adjudicated delinquent
10shall not be placed in the custody of or committed to the
11Department of Children and Family Services by any court,
12except a minor less than 15 years of age and committed to the
13Department of Children and Family Services under Section 5-710
14of this Act or a minor for whom an independent basis of abuse,
15neglect, or dependency exists. An independent basis exists
16when the allegations or adjudication of abuse, neglect, or
17dependency do not arise from the same facts, incident, or
18circumstances which give rise to a charge or adjudication of
19delinquency.
20    In placing the minor, the Department or other agency
21shall, to the extent compatible with the court's order, comply
22with Section 7 of the Children and Family Services Act. In
23determining the health, safety and best interests of the minor
24to prescribe shelter care, the court must find that it is a
25matter of immediate and urgent necessity for the safety and
26protection of the minor or of the person or property of another

 

 

HB2885- 17 -LRB103 26122 RLC 52478 b

1that the minor be placed in a shelter care facility or that he
2or she is likely to flee the jurisdiction of the court, and
3must further find that active reasonable efforts have been
4made or that, consistent with the health, safety and best
5interests of the minor, no efforts reasonably can be made to
6prevent or eliminate the necessity of removal of the minor
7from his or her home. The court shall require documentation
8from the Department of Children and Family Services as to the
9active reasonable efforts that were made to prevent or
10eliminate the necessity of removal of the minor from his or her
11home or the reasons why no efforts reasonably could be made to
12prevent or eliminate the necessity of removal. When a minor is
13placed in the home of a relative, the Department of Children
14and Family Services shall complete a preliminary background
15review of the members of the minor's custodian's household in
16accordance with Section 4.3 of the Child Care Act of 1969
17within 90 days of that placement. If the minor is ordered
18placed in a shelter care facility of the Department of
19Children and Family Services or a licensed child welfare
20agency, the court shall, upon request of the appropriate
21Department or other agency, appoint the Department of Children
22and Family Services Guardianship Administrator or other
23appropriate agency executive temporary custodian of the minor
24and the court may enter such other orders related to the
25temporary custody as it deems fit and proper, including the
26provision of services to the minor or his family to ameliorate

 

 

HB2885- 18 -LRB103 26122 RLC 52478 b

1the causes contributing to the finding of probable cause or to
2the finding of the existence of immediate and urgent
3necessity.
4    Where the Department of Children and Family Services
5Guardianship Administrator is appointed as the executive
6temporary custodian, the Department of Children and Family
7Services shall file with the court and serve on the parties a
8parent-child visiting plan, within 10 days, excluding weekends
9and holidays, after the appointment. The parent-child visiting
10plan shall set out the time and place of visits, the frequency
11of visits, the length of visits, who shall be present at the
12visits, and where appropriate, the minor's opportunities to
13have telephone and mail communication with the parents.
14    Where the Department of Children and Family Services
15Guardianship Administrator is appointed as the executive
16temporary custodian, and when the child has siblings in care,
17the Department of Children and Family Services shall file with
18the court and serve on the parties a sibling placement and
19contact plan within 10 days, excluding weekends and holidays,
20after the appointment. The sibling placement and contact plan
21shall set forth whether the siblings are placed together, and
22if they are not placed together, what, if any, efforts are
23being made to place them together. If the Department has
24determined that it is not in a child's best interest to be
25placed with a sibling, the Department shall document in the
26sibling placement and contact plan the basis for its

 

 

HB2885- 19 -LRB103 26122 RLC 52478 b

1determination. For siblings placed separately, the sibling
2placement and contact plan shall set the time and place for
3visits, the frequency of the visits, the length of visits, who
4shall be present for the visits, and where appropriate, the
5child's opportunities to have contact with their siblings in
6addition to in person contact. If the Department determines it
7is not in the best interest of a sibling to have contact with a
8sibling, the Department shall document in the sibling
9placement and contact plan the basis for its determination.
10The sibling placement and contact plan shall specify a date
11for development of the Sibling Contact Support Plan, under
12subsection (f) of Section 7.4 of the Children and Family
13Services Act, and shall remain in effect until the Sibling
14Contact Support Plan is developed.
15    For good cause, the court may waive the requirement to
16file the parent-child visiting plan or the sibling placement
17and contact plan, or extend the time for filing either plan.
18Any party may, by motion, request the court to review the
19parent-child visiting plan to determine whether it is
20reasonably calculated to expeditiously facilitate the
21achievement of the permanency goal. A party may, by motion,
22request the court to review the parent-child visiting plan or
23the sibling placement and contact plan to determine whether it
24is consistent with the minor's best interest. The court may
25refer the parties to mediation where available. The frequency,
26duration, and locations of visitation shall be measured by the

 

 

HB2885- 20 -LRB103 26122 RLC 52478 b

1needs of the child and family, and not by the convenience of
2Department personnel. Child development principles shall be
3considered by the court in its analysis of how frequent
4visitation should be, how long it should last, where it should
5take place, and who should be present. If upon motion of the
6party to review either plan and after receiving evidence, the
7court determines that the parent-child visiting plan is not
8reasonably calculated to expeditiously facilitate the
9achievement of the permanency goal or that the restrictions
10placed on parent-child contact or sibling placement or contact
11are contrary to the child's best interests, the court shall
12put in writing the factual basis supporting the determination
13and enter specific findings based on the evidence. The court
14shall enter an order for the Department to implement changes
15to the parent-child visiting plan or sibling placement or
16contact plan, consistent with the court's findings. At any
17stage of proceeding, any party may by motion request the court
18to enter any orders necessary to implement the parent-child
19visiting plan, sibling placement or contact plan or
20subsequently developed Sibling Contact Support Plan. Nothing
21under this subsection (2) shall restrict the court from
22granting discretionary authority to the Department to increase
23opportunities for additional parent-child contacts or sibling
24contacts, without further court orders. Nothing in this
25subsection (2) shall restrict the Department from immediately
26restricting or terminating parent-child contact or sibling

 

 

HB2885- 21 -LRB103 26122 RLC 52478 b

1contacts, without either amending the parent-child visiting
2plan or the sibling contact plan or obtaining a court order,
3where the Department or its assigns reasonably believe there
4is an immediate need to protect the child's health, safety,
5and welfare. Such restrictions or terminations must be based
6on available facts to the Department and its assigns when
7viewed in light of the surrounding circumstances and shall
8only occur on an individual case-by-case basis. The Department
9shall file with the court and serve on the parties any
10amendments to the plan within 10 days, excluding weekends and
11holidays, of the change of the visitation.
12    Acceptance of services shall not be considered an
13admission of any allegation in a petition made pursuant to
14this Act, nor may a referral of services be considered as
15evidence in any proceeding pursuant to this Act, except where
16the issue is whether the Department has made active reasonable
17efforts to reunite the family. In making its findings that it
18is consistent with the health, safety and best interests of
19the minor to prescribe shelter care, the court shall state in
20writing (i) the factual basis supporting its findings
21concerning the immediate and urgent necessity for the
22protection of the minor or of the person or property of another
23and (ii) the factual basis supporting its findings that active
24reasonable efforts were made to prevent or eliminate the
25removal of the minor from his or her home or that no efforts
26reasonably could be made to prevent or eliminate the removal

 

 

HB2885- 22 -LRB103 26122 RLC 52478 b

1of the minor from his or her home. The parents, guardian,
2custodian, temporary custodian and minor shall each be
3furnished a copy of such written findings. The temporary
4custodian shall maintain a copy of the court order and written
5findings in the case record for the child. The order together
6with the court's findings of fact in support thereof shall be
7entered of record in the court.
8    Once the court finds that it is a matter of immediate and
9urgent necessity for the protection of the minor that the
10minor be placed in a shelter care facility, the minor shall not
11be returned to the parent, custodian or guardian until the
12court finds that such placement is no longer necessary for the
13protection of the minor.
14    If the child is placed in the temporary custody of the
15Department of Children and Family Services for his or her
16protection, the court shall admonish the parents, guardian,
17custodian or responsible relative that the parents must
18cooperate with the Department of Children and Family Services,
19comply with the terms of the service plans, and correct the
20conditions which require the child to be in care, or risk
21termination of their parental rights. The court shall ensure,
22by inquiring in open court of each parent, guardian, custodian
23or responsible relative, that the parent, guardian, custodian
24or responsible relative has had the opportunity to provide the
25Department with all known names, addresses, and telephone
26numbers of each of the minor's living maternal and paternal

 

 

HB2885- 23 -LRB103 26122 RLC 52478 b

1adult relatives, including, but not limited to, grandparents,
2aunts, uncles, and siblings. The court shall advise the
3parents, guardian, custodian or responsible relative to inform
4the Department if additional information regarding the minor's
5adult relatives becomes available.
6    (3) If prior to the shelter care hearing for a minor
7described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is
8unable to serve notice on the party respondent, the shelter
9care hearing may proceed ex parte. A shelter care order from an
10ex parte hearing shall be endorsed with the date and hour of
11issuance and shall be filed with the clerk's office and
12entered of record. The order shall expire after 10 days from
13the time it is issued unless before its expiration it is
14renewed, at a hearing upon appearance of the party respondent,
15or upon an affidavit of the moving party as to all diligent
16efforts to notify the party respondent by notice as herein
17prescribed. The notice prescribed shall be in writing and
18shall be personally delivered to the minor or the minor's
19attorney and to the last known address of the other person or
20persons entitled to notice. The notice shall also state the
21nature of the allegations, the nature of the order sought by
22the State, including whether temporary custody is sought, and
23the consequences of failure to appear and shall contain a
24notice that the parties will not be entitled to further
25written notices or publication notices of proceedings in this
26case, including the filing of an amended petition or a motion

 

 

HB2885- 24 -LRB103 26122 RLC 52478 b

1to terminate parental rights, except as required by Supreme
2Court Rule 11; and shall explain the right of the parties and
3the procedures to vacate or modify a shelter care order as
4provided in this Section. The notice for a shelter care
5hearing shall be substantially as follows:
6
NOTICE TO PARENTS AND CHILDREN
7
OF SHELTER CARE HEARING
8        On ................ at ........., before the Honorable
9    ................, (address:) ................., the State
10    of Illinois will present evidence (1) that (name of child
11    or children) ....................... are abused, neglected
12    or dependent for the following reasons:
13    .............................................. and (2)
14    whether there is "immediate and urgent necessity" to
15    remove the child or children from the responsible
16    relative.
17        YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
18    PLACEMENT of the child or children in foster care until a
19    trial can be held. A trial may not be held for up to 90
20    days. You will not be entitled to further notices of
21    proceedings in this case, including the filing of an
22    amended petition or a motion to terminate parental rights.
23        At the shelter care hearing, parents have the
24    following rights:
25            1. To ask the court to appoint a lawyer if they
26        cannot afford one.

 

 

HB2885- 25 -LRB103 26122 RLC 52478 b

1            2. To ask the court to continue the hearing to
2        allow them time to prepare.
3            3. To present evidence concerning:
4                a. Whether or not the child or children were
5            abused, neglected or dependent.
6                b. Whether or not there is "immediate and
7            urgent necessity" to remove the child from home
8            (including: their ability to care for the child,
9            conditions in the home, alternative means of
10            protecting the child other than removal).
11                c. The best interests of the child.
12            4. To cross examine the State's witnesses.
 
13    The Notice for rehearings shall be substantially as
14follows:
15
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
16
TO REHEARING ON TEMPORARY CUSTODY
17        If you were not present at and did not have adequate
18    notice of the Shelter Care Hearing at which temporary
19    custody of ............... was awarded to
20    ................, you have the right to request a full
21    rehearing on whether the State should have temporary
22    custody of ................. To request this rehearing,
23    you must file with the Clerk of the Juvenile Court
24    (address): ........................, in person or by
25    mailing a statement (affidavit) setting forth the

 

 

HB2885- 26 -LRB103 26122 RLC 52478 b

1    following:
2            1. That you were not present at the shelter care
3        hearing.
4            2. That you did not get adequate notice
5        (explaining how the notice was inadequate).
6            3. Your signature.
7            4. Signature must be notarized.
8        The rehearing should be scheduled within 48 hours of
9    your filing this affidavit.
10        At the rehearing, your rights are the same as at the
11    initial shelter care hearing. The enclosed notice explains
12    those rights.
13        At the Shelter Care Hearing, children have the
14    following rights:
15            1. To have a guardian ad litem appointed.
16            2. To be declared competent as a witness and to
17        present testimony concerning:
18                a. Whether they are abused, neglected or
19            dependent.
20                b. Whether there is "immediate and urgent
21            necessity" to be removed from home.
22                c. Their best interests.
23            3. To cross examine witnesses for other parties.
24            4. To obtain an explanation of any proceedings and
25        orders of the court.
26    (4) If the parent, guardian, legal custodian, responsible

 

 

HB2885- 27 -LRB103 26122 RLC 52478 b

1relative, minor age 8 or over, or counsel of the minor did not
2have actual notice of or was not present at the shelter care
3hearing, he or she may file an affidavit setting forth these
4facts, and the clerk shall set the matter for rehearing not
5later than 48 hours, excluding Sundays and legal holidays,
6after the filing of the affidavit. At the rehearing, the court
7shall proceed in the same manner as upon the original hearing.
8    (5) Only when there is reasonable cause to believe that
9the minor taken into custody is a person described in
10subsection (3) of Section 5-105 may the minor be kept or
11detained in a detention home or county or municipal jail. This
12Section shall in no way be construed to limit subsection (6).
13    (6) No minor under 16 years of age may be confined in a
14jail or place ordinarily used for the confinement of prisoners
15in a police station. Minors under 18 years of age must be kept
16separate from confined adults and may not at any time be kept
17in the same cell, room, or yard with adults confined pursuant
18to the criminal law.
19    (7) If the minor is not brought before a judicial officer
20within the time period as specified in Section 2-9, the minor
21must immediately be released from custody.
22    (8) If neither the parent, guardian or custodian appears
23within 24 hours to take custody of a minor released upon
24request pursuant to subsection (2) of this Section, then the
25clerk of the court shall set the matter for rehearing not later
26than 7 days after the original order and shall issue a summons

 

 

HB2885- 28 -LRB103 26122 RLC 52478 b

1directed to the parent, guardian or custodian to appear. At
2the same time the probation department shall prepare a report
3on the minor. If a parent, guardian or custodian does not
4appear at such rehearing, the judge may enter an order
5prescribing that the minor be kept in a suitable place
6designated by the Department of Children and Family Services
7or a licensed child welfare agency.
8    (9) Notwithstanding any other provision of this Section
9any interested party, including the State, the temporary
10custodian, an agency providing services to the minor or family
11under a service plan pursuant to Section 8.2 of the Abused and
12Neglected Child Reporting Act, foster parent, or any of their
13representatives, on notice to all parties entitled to notice,
14may file a motion that it is in the best interests of the minor
15to modify or vacate a temporary custody order on any of the
16following grounds:
17        (a) It is no longer a matter of immediate and urgent
18    necessity that the minor remain in shelter care; or
19        (b) There is a material change in the circumstances of
20    the natural family from which the minor was removed and
21    the child can be cared for at home without endangering the
22    child's health or safety; or
23        (c) A person not a party to the alleged abuse, neglect
24    or dependency, including a parent, relative or legal
25    guardian, is capable of assuming temporary custody of the
26    minor; or

 

 

HB2885- 29 -LRB103 26122 RLC 52478 b

1        (d) Services provided by the Department of Children
2    and Family Services or a child welfare agency or other
3    service provider have been successful in eliminating the
4    need for temporary custody and the child can be cared for
5    at home without endangering the child's health or safety.
6    In ruling on the motion, the court shall determine whether
7it is consistent with the health, safety and best interests of
8the minor to modify or vacate a temporary custody order. If the
9minor is being restored to the custody of a parent, legal
10custodian, or guardian who lives outside of Illinois, and an
11Interstate Compact has been requested and refused, the court
12may order the Department of Children and Family Services to
13arrange for an assessment of the minor's proposed living
14arrangement and for ongoing monitoring of the health, safety,
15and best interest of the minor and compliance with any order of
16protective supervision entered in accordance with Section 2-20
17or 2-25.
18    The clerk shall set the matter for hearing not later than
1914 days after such motion is filed. In the event that the court
20modifies or vacates a temporary custody order but does not
21vacate its finding of probable cause, the court may order that
22appropriate services be continued or initiated in behalf of
23the minor and his or her family.
24    (10) When the court finds or has found that there is
25probable cause to believe a minor is an abused minor as
26described in subsection (2) of Section 2-3 and that there is an

 

 

HB2885- 30 -LRB103 26122 RLC 52478 b

1immediate and urgent necessity for the abused minor to be
2placed in shelter care, immediate and urgent necessity shall
3be presumed for any other minor residing in the same household
4as the abused minor provided:
5        (a) Such other minor is the subject of an abuse or
6    neglect petition pending before the court; and
7        (b) A party to the petition is seeking shelter care
8    for such other minor.
9    Once the presumption of immediate and urgent necessity has
10been raised, the burden of demonstrating the lack of immediate
11and urgent necessity shall be on any party that is opposing
12shelter care for the other minor.
13    (11) The changes made to this Section by Public Act 98-61
14apply to a minor who has been arrested or taken into custody on
15or after January 1, 2014 (the effective date of Public Act
1698-61).
17    (12) After the court has placed a minor in the care of a
18temporary custodian pursuant to this Section, any party may
19file a motion requesting the court to grant the temporary
20custodian the authority to serve as a surrogate decision maker
21for the minor under the Health Care Surrogate Act for purposes
22of making decisions pursuant to paragraph (1) of subsection
23(b) of Section 20 of the Health Care Surrogate Act. The court
24may grant the motion if it determines by clear and convincing
25evidence that it is in the best interests of the minor to grant
26the temporary custodian such authority. In making its

 

 

HB2885- 31 -LRB103 26122 RLC 52478 b

1determination, the court shall weigh the following factors in
2addition to considering the best interests factors listed in
3subsection (4.05) of Section 1-3 of this Act:
4        (a) the efforts to identify and locate the respondents
5    and adult family members of the minor and the results of
6    those efforts;
7        (b) the efforts to engage the respondents and adult
8    family members of the minor in decision making on behalf
9    of the minor;
10        (c) the length of time the efforts in paragraphs (a)
11    and (b) have been ongoing;
12        (d) the relationship between the respondents and adult
13    family members and the minor;
14        (e) medical testimony regarding the extent to which
15    the minor is suffering and the impact of a delay in
16    decision-making on the minor; and
17        (f) any other factor the court deems relevant.
18    If the Department of Children and Family Services is the
19temporary custodian of the minor, in addition to the
20requirements of paragraph (1) of subsection (b) of Section 20
21of the Health Care Surrogate Act, the Department shall follow
22its rules and procedures in exercising authority granted under
23this subsection.
24(Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22;
25102-813, eff. 5-13-22.)
 

 

 

HB2885- 32 -LRB103 26122 RLC 52478 b

1    (705 ILCS 405/2-13)  (from Ch. 37, par. 802-13)
2    Sec. 2-13. Petition.
3    (1) Any adult person, any agency or association by its
4representative may file, or the court on its own motion,
5consistent with the health, safety and best interests of the
6minor may direct the filing through the State's Attorney of a
7petition in respect of a minor under this Act. The petition and
8all subsequent court documents shall be entitled "In the
9interest of ...., a minor".
10    (2) The petition shall be verified but the statements may
11be made upon information and belief. It shall allege that the
12minor is abused, neglected, or dependent, with citations to
13the appropriate provisions of this Act, and set forth (a)
14facts sufficient to bring the minor under Section 2-3 or 2-4
15and to inform respondents of the cause of action, including,
16but not limited to, a plain and concise statement of the
17factual allegations that form the basis for the filing of the
18petition; (b) the name, age and residence of the minor; (c) the
19names and residences of his parents; (d) the name and
20residence of his legal guardian or the person or persons
21having custody or control of the minor, or of the nearest known
22relative if no parent or guardian can be found; and (e) if the
23minor upon whose behalf the petition is brought is sheltered
24in custody, the date on which such temporary custody was
25ordered by the court or the date set for a temporary custody
26hearing. If any of the facts herein required are not known by

 

 

HB2885- 33 -LRB103 26122 RLC 52478 b

1the petitioner, the petition shall so state.
2    (3) The petition must allege that it is in the best
3interests of the minor and of the public that he be adjudged a
4ward of the court and may pray generally for relief available
5under this Act. The petition need not specify any proposed
6disposition following adjudication of wardship. The petition
7may request that the minor remain in the custody of the parent,
8guardian, or custodian under an Order of Protection.
9    (4) If termination of parental rights and appointment of a
10guardian of the person with power to consent to adoption of the
11minor under Section 2-29 is sought, the petition shall so
12state. If the petition includes this request, the prayer for
13relief shall clearly and obviously state that the parents
14could permanently lose their rights as a parent at this
15hearing.
16    In addition to the foregoing, the petitioner, by motion,
17may request the termination of parental rights and appointment
18of a guardian of the person with power to consent to adoption
19of the minor under Section 2-29 at any time after the entry of
20a dispositional order under Section 2-22.
21    (4.5) (a) Unless good cause exists that filing a petition
22to terminate parental rights is contrary to the child's best
23interests, with respect to any minors committed to its care
24pursuant to this Act, the Department of Children and Family
25Services shall request the State's Attorney to file a petition
26or motion for termination of parental rights and appointment

 

 

HB2885- 34 -LRB103 26122 RLC 52478 b

1of guardian of the person with power to consent to adoption of
2the minor under Section 2-29 if:
3        (i) a minor has been in foster care, as described in
4    subsection (b), for 15 months of the most recent 22
5    months; or
6        (ii) a minor under the age of 2 years has been
7    previously determined to be abandoned at an adjudicatory
8    hearing; or
9        (iii) the parent is criminally convicted of:
10            (A) first degree murder or second degree murder of
11        any child;
12            (B) attempt or conspiracy to commit first degree
13        murder or second degree murder of any child;
14            (C) solicitation to commit murder of any child,
15        solicitation to commit murder for hire of any child,
16        or solicitation to commit second degree murder of any
17        child;
18            (D) aggravated battery, aggravated battery of a
19        child, or felony domestic battery, any of which has
20        resulted in serious injury to the minor or a sibling of
21        the minor;
22            (E) predatory criminal sexual assault of a child;
23            (E-5) aggravated criminal sexual assault;
24            (E-10) criminal sexual abuse in violation of
25        subsection (a) of Section 11-1.50 of the Criminal Code
26        of 1961 or the Criminal Code of 2012;

 

 

HB2885- 35 -LRB103 26122 RLC 52478 b

1            (E-15) sexual exploitation of a child;
2            (E-20) permitting sexual abuse of a child;
3            (E-25) criminal sexual assault; or
4            (F) an offense in any other state the elements of
5        which are similar and bear a substantial relationship
6        to any of the foregoing offenses.
7    (a-1) For purposes of this subsection (4.5), good cause
8exists in the following circumstances:
9        (i) the child is being cared for by a relative,
10        (ii) the Department has documented in the case plan a
11    compelling reason for determining that filing such
12    petition would not be in the best interests of the child,
13        (iii) the court has found within the preceding 12
14    months that the Department has failed to make active
15    reasonable efforts to reunify the child and family, or
16        (iv) the parent is incarcerated, or the parent's prior
17    incarceration is a significant factor in why the child has
18    been in foster care for 15 months out of any 22-month
19    period, the parent maintains a meaningful role in the
20    child's life, and the Department has not documented
21    another reason why it would otherwise be appropriate to
22    file a petition to terminate parental rights pursuant to
23    this Section and the Adoption Act. The assessment of
24    whether an incarcerated parent maintains a meaningful role
25    in the child's life may include consideration of the
26    following:

 

 

HB2885- 36 -LRB103 26122 RLC 52478 b

1            (A) the child's best interest;
2            (B) the parent's expressions or acts of
3        manifesting concern for the child, such as letters,
4        telephone calls, visits, and other forms of
5        communication with the child and the impact of the
6        communication on the child;
7            (C) the parent's efforts to communicate with and
8        work with the Department for the purpose of complying
9        with the service plan and repairing, maintaining, or
10        building the parent-child relationship; or
11            (D) limitations in the parent's access to family
12        support programs, therapeutic services, visiting
13        opportunities, telephone and mail services, and
14        meaningful participation in court proceedings.
15    (b) For purposes of this subsection, the date of entering
16foster care is defined as the earlier of:
17        (1) The date of a judicial finding at an adjudicatory
18    hearing that the child is an abused, neglected, or
19    dependent minor; or
20        (2) 60 days after the date on which the child is
21    removed from his or her parent, guardian, or legal
22    custodian.
23    (c) (Blank).
24    (d) (Blank).
25    (5) The court shall liberally allow the petitioner to
26amend the petition to set forth a cause of action or to add,

 

 

HB2885- 37 -LRB103 26122 RLC 52478 b

1amend, or supplement factual allegations that form the basis
2for a cause of action up until 14 days before the adjudicatory
3hearing. The petitioner may amend the petition after that date
4and prior to the adjudicatory hearing if the court grants
5leave to amend upon a showing of good cause. The court may
6allow amendment of the petition to conform with the evidence
7at any time prior to ruling. In all cases in which the court
8has granted leave to amend based on new evidence or new
9allegations, the court shall permit the respondent an adequate
10opportunity to prepare a defense to the amended petition.
11    (6) At any time before dismissal of the petition or before
12final closing and discharge under Section 2-31, one or more
13motions in the best interests of the minor may be filed. The
14motion shall specify sufficient facts in support of the relief
15requested.
16(Source: P.A. 101-529, eff. 1-1-20.)
 
17    (705 ILCS 405/2-13.1)
18    Sec. 2-13.1. Early termination of active reasonable
19efforts.
20    (1) (a) In conjunction with, or at any time subsequent to,
21the filing of a petition on behalf of a minor in accordance
22with Section 2-13 of this Act, the State's Attorney, the
23guardian ad litem, or the Department of Children and Family
24Services may file a motion requesting a finding that active
25reasonable efforts to reunify that minor with his or her

 

 

HB2885- 38 -LRB103 26122 RLC 52478 b

1parent or parents are no longer required and are to cease.
2    (b) The court shall grant this motion with respect to a
3parent of the minor if the court finds after a hearing that the
4parent has:
5        (i) had his or her parental rights to another child of
6    the parent involuntarily terminated; or
7        (ii) been convicted of:
8            (A) first degree or second degree murder of
9        another child of the parent;
10            (B) attempt or conspiracy to commit first degree
11        or second degree murder of another child of the
12        parent;
13            (C) solicitation to commit murder of another child
14        of the parent, solicitation to commit murder for hire
15        of another child of the parent, or solicitation to
16        commit second degree murder of another child of the
17        parent;
18            (D) aggravated battery, aggravated battery of a
19        child, or felony domestic battery, any of which has
20        resulted in serious bodily injury to the minor or
21        another child of the parent; or
22            (E) an offense in any other state the elements of
23        which are similar and bear substantial relationship to
24        any of the foregoing offenses
25unless the court sets forth in writing a compelling reason why
26terminating active reasonable efforts to reunify the minor

 

 

HB2885- 39 -LRB103 26122 RLC 52478 b

1with the parent would not be in the best interests of that
2minor.
3    (c) The court shall also grant this motion with respect to
4a parent of the minor if:
5        (i) after a hearing it determines that further
6    reunification services would no longer be appropriate, and
7        (ii) a dispositional hearing has already taken place.
8    (2) (a) The court shall hold a permanency hearing within
930 days of granting a motion pursuant to this subsection. If an
10adjudicatory or a dispositional hearing, or both, has not
11taken place when the court grants a motion pursuant to this
12Section, then either or both hearings shall be held as needed
13so that both take place on or before the date a permanency
14hearing is held pursuant to this subsection.
15    (b) Following a permanency hearing held pursuant to
16paragraph (a) of this subsection, the appointed custodian or
17guardian of the minor shall make active reasonable efforts to
18place the child in accordance with the permanency plan and
19goal set by the court, and to complete the necessary steps to
20locate and finalize a permanent placement.
21(Source: P.A. 90-608, eff. 6-30-98.)
 
22    (705 ILCS 405/2-21)  (from Ch. 37, par. 802-21)
23    Sec. 2-21. Findings and adjudication.
24    (1) The court shall state for the record the manner in
25which the parties received service of process and shall note

 

 

HB2885- 40 -LRB103 26122 RLC 52478 b

1whether the return or returns of service, postal return
2receipt or receipts for notice by certified mail, or
3certificate or certificates of publication have been filed in
4the court record. The court shall enter any appropriate orders
5of default against any parent who has been properly served in
6any manner and fails to appear.
7    No further service of process as defined in Sections 2-15
8and 2-16 is required in any subsequent proceeding for a parent
9who was properly served in any manner, except as required by
10Supreme Court Rule 11.
11    The caseworker shall testify about the diligent search
12conducted for the parent.
13    After hearing the evidence the court shall determine
14whether or not the minor is abused, neglected, or dependent.
15If it finds that the minor is not such a person, the court
16shall order the petition dismissed and the minor discharged.
17The court's determination of whether the minor is abused,
18neglected, or dependent shall be stated in writing with the
19factual basis supporting that determination.
20    If the court finds that the minor is abused, neglected, or
21dependent, the court shall then determine and put in writing
22the factual basis supporting that determination, and specify,
23to the extent possible, the acts or omissions or both of each
24parent, guardian, or legal custodian that form the basis of
25the court's findings. That finding shall appear in the order
26of the court.

 

 

HB2885- 41 -LRB103 26122 RLC 52478 b

1    If the court finds that the child has been abused,
2neglected or dependent, the court shall admonish the parents
3that they must cooperate with the Department of Children and
4Family Services, comply with the terms of the service plan,
5and correct the conditions that require the child to be in
6care, or risk termination of parental rights.
7    If the court determines that a person has inflicted
8physical or sexual abuse upon a minor, the court shall report
9that determination to the Illinois State Police, which shall
10include that information in its report to the President of the
11school board for a school district that requests a criminal
12history records check of that person, or the regional
13superintendent of schools who requests a check of that person,
14as required under Section 10-21.9 or 34-18.5 of the School
15Code.
16    (2) If, pursuant to subsection (1) of this Section, the
17court determines and puts in writing the factual basis
18supporting the determination that the minor is either abused
19or neglected or dependent, the court shall then set a time not
20later than 30 days after the entry of the finding for a
21dispositional hearing (unless an earlier date is required
22pursuant to Section 2-13.1) to be conducted under Section 2-22
23at which hearing the court shall determine whether it is
24consistent with the health, safety and best interests of the
25minor and the public that he be made a ward of the court. To
26assist the court in making this and other determinations at

 

 

HB2885- 42 -LRB103 26122 RLC 52478 b

1the dispositional hearing, the court may order that an
2investigation be conducted and a dispositional report be
3prepared concerning the minor's physical and mental history
4and condition, family situation and background, economic
5status, education, occupation, history of delinquency or
6criminality, personal habits, and any other information that
7may be helpful to the court. The dispositional hearing may be
8continued once for a period not to exceed 30 days if the court
9finds that such continuance is necessary to complete the
10dispositional report.
11    (3) The time limits of this Section may be waived only by
12consent of all parties and approval by the court, as
13determined to be consistent with the health, safety and best
14interests of the minor.
15    (4) For all cases adjudicated prior to July 1, 1991, for
16which no dispositional hearing has been held prior to that
17date, a dispositional hearing under Section 2-22 shall be held
18within 90 days of July 1, 1991.
19    (5) The court may terminate the parental rights of a
20parent at the initial dispositional hearing if all of the
21following conditions are met:
22        (i) the original or amended petition contains a
23    request for termination of parental rights and appointment
24    of a guardian with power to consent to adoption; and
25        (ii) the court has found by a preponderance of
26    evidence, introduced or stipulated to at an adjudicatory

 

 

HB2885- 43 -LRB103 26122 RLC 52478 b

1    hearing, that the child comes under the jurisdiction of
2    the court as an abused, neglected, or dependent minor
3    under Section 2-18; and
4        (iii) the court finds, on the basis of clear and
5    convincing evidence admitted at the adjudicatory hearing
6    that the parent is an unfit person under subdivision D of
7    Section 1 of the Adoption Act; and
8        (iv) the court determines in accordance with the rules
9    of evidence for dispositional proceedings, that:
10            (A) it is in the best interest of the minor and
11        public that the child be made a ward of the court;
12            (A-5) active reasonable efforts under subsection
13        (l-1) of Section 5 of the Children and Family Services
14        Act are inappropriate or such efforts were made and
15        were unsuccessful; and
16            (B) termination of parental rights and appointment
17        of a guardian with power to consent to adoption is in
18        the best interest of the child pursuant to Section
19        2-29.
20(Source: P.A. 102-538, eff. 8-20-21.)
 
21    (705 ILCS 405/2-28)  (from Ch. 37, par. 802-28)
22    Sec. 2-28. Court review.
23    (1) The court may require any legal custodian or guardian
24of the person appointed under this Act to report periodically
25to the court or may cite him into court and require him or his

 

 

HB2885- 44 -LRB103 26122 RLC 52478 b

1agency, to make a full and accurate report of his or its doings
2in behalf of the minor. The custodian or guardian, within 10
3days after such citation, or earlier if the court determines
4it to be necessary to protect the health, safety, or welfare of
5the minor, shall make the report, either in writing verified
6by affidavit or orally under oath in open court, or otherwise
7as the court directs. Upon the hearing of the report the court
8may remove the custodian or guardian and appoint another in
9his stead or restore the minor to the custody of his parents or
10former guardian or custodian. However, custody of the minor
11shall not be restored to any parent, guardian, or legal
12custodian in any case in which the minor is found to be
13neglected or abused under Section 2-3 or dependent under
14Section 2-4 of this Act, unless the minor can be cared for at
15home without endangering the minor's health or safety and it
16is in the best interests of the minor, and if such neglect,
17abuse, or dependency is found by the court under paragraph (1)
18of Section 2-21 of this Act to have come about due to the acts
19or omissions or both of such parent, guardian, or legal
20custodian, until such time as an investigation is made as
21provided in paragraph (5) and a hearing is held on the issue of
22the fitness of such parent, guardian, or legal custodian to
23care for the minor and the court enters an order that such
24parent, guardian, or legal custodian is fit to care for the
25minor.
26    (1.5) The public agency that is the custodian or guardian

 

 

HB2885- 45 -LRB103 26122 RLC 52478 b

1of the minor shall file a written report with the court no
2later than 15 days after a minor in the agency's care remains:
3        (1) in a shelter placement beyond 30 days;
4        (2) in a psychiatric hospital past the time when the
5    minor is clinically ready for discharge or beyond medical
6    necessity for the minor's health; or
7        (3) in a detention center or Department of Juvenile
8    Justice facility solely because the public agency cannot
9    find an appropriate placement for the minor.
10    The report shall explain the steps the agency is taking to
11ensure the minor is placed appropriately, how the minor's
12needs are being met in the minor's shelter placement, and if a
13future placement has been identified by the Department, why
14the anticipated placement is appropriate for the needs of the
15minor and the anticipated placement date.
16    (1.6) Within 35 days after placing a child in its care in a
17qualified residential treatment program, as defined by the
18federal Social Security Act, the Department of Children and
19Family Services shall file a written report with the court and
20send copies of the report to all parties. Within 20 days of the
21filing of the report, the court shall hold a hearing to
22consider the Department's report and determine whether
23placement of the child in a qualified residential treatment
24program provides the most effective and appropriate level of
25care for the child in the least restrictive environment and if
26the placement is consistent with the short-term and long-term

 

 

HB2885- 46 -LRB103 26122 RLC 52478 b

1goals for the child, as specified in the permanency plan for
2the child. The court shall approve or disapprove the
3placement. If applicable, the requirements of Sections 2-27.1
4and 2-27.2 must also be met. The Department's written report
5and the court's written determination shall be included in and
6made part of the case plan for the child. If the child remains
7placed in a qualified residential treatment program, the
8Department shall submit evidence at each status and permanency
9hearing:
10        (1) demonstrating that on-going assessment of the
11    strengths and needs of the child continues to support the
12    determination that the child's needs cannot be met through
13    placement in a foster family home, that the placement
14    provides the most effective and appropriate level of care
15    for the child in the least restrictive, appropriate
16    environment, and that the placement is consistent with the
17    short-term and long-term permanency goal for the child, as
18    specified in the permanency plan for the child;
19        (2) documenting the specific treatment or service
20    needs that should be met for the child in the placement and
21    the length of time the child is expected to need the
22    treatment or services; and
23        (3) the efforts made by the agency to prepare the
24    child to return home or to be placed with a fit and willing
25    relative, a legal guardian, or an adoptive parent, or in a
26    foster family home.

 

 

HB2885- 47 -LRB103 26122 RLC 52478 b

1    (2) The first permanency hearing shall be conducted by the
2judge. Subsequent permanency hearings may be heard by a judge
3or by hearing officers appointed or approved by the court in
4the manner set forth in Section 2-28.1 of this Act. The initial
5hearing shall be held (a) within 12 months from the date
6temporary custody was taken, regardless of whether an
7adjudication or dispositional hearing has been completed
8within that time frame, (b) if the parental rights of both
9parents have been terminated in accordance with the procedure
10described in subsection (5) of Section 2-21, within 30 days of
11the order for termination of parental rights and appointment
12of a guardian with power to consent to adoption, or (c) in
13accordance with subsection (2) of Section 2-13.1. Subsequent
14permanency hearings shall be held every 6 months or more
15frequently if necessary in the court's determination following
16the initial permanency hearing, in accordance with the
17standards set forth in this Section, until the court
18determines that the plan and goal have been achieved. Once the
19plan and goal have been achieved, if the minor remains in
20substitute care, the case shall be reviewed at least every 6
21months thereafter, subject to the provisions of this Section,
22unless the minor is placed in the guardianship of a suitable
23relative or other person and the court determines that further
24monitoring by the court does not further the health, safety,
25or best interest of the child and that this is a stable
26permanent placement. The permanency hearings must occur within

 

 

HB2885- 48 -LRB103 26122 RLC 52478 b

1the time frames set forth in this subsection and may not be
2delayed in anticipation of a report from any source or due to
3the agency's failure to timely file its written report (this
4written report means the one required under the next paragraph
5and does not mean the service plan also referred to in that
6paragraph).
7    The public agency that is the custodian or guardian of the
8minor, or another agency responsible for the minor's care,
9shall ensure that all parties to the permanency hearings are
10provided a copy of the most recent service plan prepared
11within the prior 6 months at least 14 days in advance of the
12hearing. If not contained in the agency's service plan, the
13agency shall also include a report setting forth (i) any
14special physical, psychological, educational, medical,
15emotional, or other needs of the minor or his or her family
16that are relevant to a permanency or placement determination
17and (ii) for any minor age 16 or over, a written description of
18the programs and services that will enable the minor to
19prepare for independent living. If not contained in the
20agency's service plan, the agency's report shall specify if a
21minor is placed in a licensed child care facility under a
22corrective plan by the Department due to concerns impacting
23the minor's safety and well-being. The report shall explain
24the steps the Department is taking to ensure the safety and
25well-being of the minor and that the minor's needs are met in
26the facility. The agency's written report must detail what

 

 

HB2885- 49 -LRB103 26122 RLC 52478 b

1progress or lack of progress the parent has made in correcting
2the conditions requiring the child to be in care; whether the
3child can be returned home without jeopardizing the child's
4health, safety, and welfare, and if not, what permanency goal
5is recommended to be in the best interests of the child, and
6why the other permanency goals are not appropriate. The
7caseworker must appear and testify at the permanency hearing.
8If a permanency hearing has not previously been scheduled by
9the court, the moving party shall move for the setting of a
10permanency hearing and the entry of an order within the time
11frames set forth in this subsection.
12    At the permanency hearing, the court shall determine the
13future status of the child. The court shall set one of the
14following permanency goals:
15        (A) The minor will be returned home by a specific date
16    within 5 months.
17        (B) The minor will be in short-term care with a
18    continued goal to return home within a period not to
19    exceed one year, where the progress of the parent or
20    parents is substantial giving particular consideration to
21    the age and individual needs of the minor.
22        (B-1) The minor will be in short-term care with a
23    continued goal to return home pending a status hearing.
24    When the court finds that a parent has not made active
25    reasonable efforts or reasonable progress to date, the
26    court shall identify what actions the parent and the

 

 

HB2885- 50 -LRB103 26122 RLC 52478 b

1    Department must take in order to justify a finding of
2    active reasonable efforts or reasonable progress and shall
3    set a status hearing to be held not earlier than 9 months
4    from the date of adjudication nor later than 11 months
5    from the date of adjudication during which the parent's
6    progress will again be reviewed.
7        (C) The minor will be in substitute care pending court
8    determination on termination of parental rights.
9        (D) Adoption, provided that parental rights have been
10    terminated or relinquished.
11        (E) The guardianship of the minor will be transferred
12    to an individual or couple on a permanent basis provided
13    that goals (A) through (D) have been deemed inappropriate
14    and not in the child's best interests. The court shall
15    confirm that the Department has discussed adoption, if
16    appropriate, and guardianship with the caregiver prior to
17    changing a goal to guardianship.
18        (F) The minor over age 15 will be in substitute care
19    pending independence. In selecting this permanency goal,
20    the Department of Children and Family Services may provide
21    services to enable reunification and to strengthen the
22    minor's connections with family, fictive kin, and other
23    responsible adults, provided the services are in the
24    minor's best interest. The services shall be documented in
25    the service plan.
26        (G) The minor will be in substitute care because he or

 

 

HB2885- 51 -LRB103 26122 RLC 52478 b

1    she cannot be provided for in a home environment due to
2    developmental disabilities or mental illness or because he
3    or she is a danger to self or others, provided that goals
4    (A) through (D) have been deemed inappropriate and not in
5    the child's best interests.
6    In selecting any permanency goal, the court shall indicate
7in writing the reasons the goal was selected and why the
8preceding goals were deemed inappropriate and not in the
9child's best interest. Where the court has selected a
10permanency goal other than (A), (B), or (B-1), the Department
11of Children and Family Services shall not provide further
12reunification services, except as provided in paragraph (F) of
13this subsection (2), but shall provide services consistent
14with the goal selected.
15        (H) Notwithstanding any other provision in this
16    Section, the court may select the goal of continuing
17    foster care as a permanency goal if:
18            (1) The Department of Children and Family Services
19        has custody and guardianship of the minor;
20            (2) The court has deemed all other permanency
21        goals inappropriate based on the child's best
22        interest;
23            (3) The court has found compelling reasons, based
24        on written documentation reviewed by the court, to
25        place the minor in continuing foster care. Compelling
26        reasons include:

 

 

HB2885- 52 -LRB103 26122 RLC 52478 b

1                (a) the child does not wish to be adopted or to
2            be placed in the guardianship of his or her
3            relative or foster care placement;
4                (b) the child exhibits an extreme level of
5            need such that the removal of the child from his or
6            her placement would be detrimental to the child;
7            or
8                (c) the child who is the subject of the
9            permanency hearing has existing close and strong
10            bonds with a sibling, and achievement of another
11            permanency goal would substantially interfere with
12            the subject child's sibling relationship, taking
13            into consideration the nature and extent of the
14            relationship, and whether ongoing contact is in
15            the subject child's best interest, including
16            long-term emotional interest, as compared with the
17            legal and emotional benefit of permanence;
18            (4) The child has lived with the relative or
19        foster parent for at least one year; and
20            (5) The relative or foster parent currently caring
21        for the child is willing and capable of providing the
22        child with a stable and permanent environment.
23    The court shall set a permanency goal that is in the best
24interest of the child. In determining that goal, the court
25shall consult with the minor in an age-appropriate manner
26regarding the proposed permanency or transition plan for the

 

 

HB2885- 53 -LRB103 26122 RLC 52478 b

1minor. The court's determination shall include the following
2factors:
3        (1) Age of the child.
4        (2) Options available for permanence, including both
5    out-of-state and in-state placement options.
6        (3) Current placement of the child and the intent of
7    the family regarding adoption.
8        (4) Emotional, physical, and mental status or
9    condition of the child.
10        (5) Types of services previously offered and whether
11    or not the services were successful and, if not
12    successful, the reasons the services failed.
13        (6) Availability of services currently needed and
14    whether the services exist.
15        (7) Status of siblings of the minor.
16    The court shall consider (i) the permanency goal contained
17in the service plan, (ii) the appropriateness of the services
18contained in the plan and whether those services have been
19provided, (iii) whether active reasonable efforts have been
20made by all the parties to the service plan to achieve the
21goal, and (iv) whether the plan and goal have been achieved.
22All evidence relevant to determining these questions,
23including oral and written reports, may be admitted and may be
24relied on to the extent of their probative value.
25    The court shall make findings as to whether, in violation
26of Section 8.2 of the Abused and Neglected Child Reporting

 

 

HB2885- 54 -LRB103 26122 RLC 52478 b

1Act, any portion of the service plan compels a child or parent
2to engage in any activity or refrain from any activity that is
3not reasonably related to remedying a condition or conditions
4that gave rise or which could give rise to any finding of child
5abuse or neglect. The services contained in the service plan
6shall include services reasonably related to remedy the
7conditions that gave rise to removal of the child from the home
8of his or her parents, guardian, or legal custodian or that the
9court has found must be remedied prior to returning the child
10home. Any tasks the court requires of the parents, guardian,
11or legal custodian or child prior to returning the child home,
12must be reasonably related to remedying a condition or
13conditions that gave rise to or which could give rise to any
14finding of child abuse or neglect.
15    If the permanency goal is to return home, the court shall
16make findings that identify any problems that are causing
17continued placement of the children away from the home and
18identify what outcomes would be considered a resolution to
19these problems. The court shall explain to the parents that
20these findings are based on the information that the court has
21at that time and may be revised, should additional evidence be
22presented to the court.
23    The court shall review the Sibling Contact Support Plan
24developed or modified under subsection (f) of Section 7.4 of
25the Children and Family Services Act, if applicable. If the
26Department has not convened a meeting to develop or modify a

 

 

HB2885- 55 -LRB103 26122 RLC 52478 b

1Sibling Contact Support Plan, or if the court finds that the
2existing Plan is not in the child's best interest, the court
3may enter an order requiring the Department to develop,
4modify, or implement a Sibling Contact Support Plan, or order
5mediation.
6    If the goal has been achieved, the court shall enter
7orders that are necessary to conform the minor's legal custody
8and status to those findings.
9    If, after receiving evidence, the court determines that
10the services contained in the plan are not reasonably
11calculated to facilitate achievement of the permanency goal,
12the court shall put in writing the factual basis supporting
13the determination and enter specific findings based on the
14evidence. The court also shall enter an order for the
15Department to develop and implement a new service plan or to
16implement changes to the current service plan consistent with
17the court's findings. The new service plan shall be filed with
18the court and served on all parties within 45 days of the date
19of the order. The court shall continue the matter until the new
20service plan is filed. Except as authorized by subsection
21(2.5) of this Section and as otherwise specifically authorized
22by law, the court is not empowered under this Section to order
23specific placements, specific services, or specific service
24providers to be included in the service plan.
25    A guardian or custodian appointed by the court pursuant to
26this Act shall file updated case plans with the court every 6

 

 

HB2885- 56 -LRB103 26122 RLC 52478 b

1months.
2    Rights of wards of the court under this Act are
3enforceable against any public agency by complaints for relief
4by mandamus filed in any proceedings brought under this Act.
5    (2.5) If, after reviewing the evidence, including evidence
6from the Department, the court determines that the minor's
7current or planned placement is not necessary or appropriate
8to facilitate achievement of the permanency goal, the court
9shall put in writing the factual basis supporting its
10determination and enter specific findings based on the
11evidence. If the court finds that the minor's current or
12planned placement is not necessary or appropriate, the court
13may enter an order directing the Department to implement a
14recommendation by the minor's treating clinician or a
15clinician contracted by the Department to evaluate the minor
16or a recommendation made by the Department. If the Department
17places a minor in a placement under an order entered under this
18subsection (2.5), the Department has the authority to remove
19the minor from that placement when a change in circumstances
20necessitates the removal to protect the minor's health,
21safety, and best interest. If the Department determines
22removal is necessary, the Department shall notify the parties
23of the planned placement change in writing no later than 10
24days prior to the implementation of its determination unless
25remaining in the placement poses an imminent risk of harm to
26the minor, in which case the Department shall notify the

 

 

HB2885- 57 -LRB103 26122 RLC 52478 b

1parties of the placement change in writing immediately
2following the implementation of its decision. The Department
3shall notify others of the decision to change the minor's
4placement as required by Department rule.
5    (3) Following the permanency hearing, the court shall
6enter a written order that includes the determinations
7required under subsection (2) of this Section and sets forth
8the following:
9        (a) The future status of the minor, including the
10    permanency goal, and any order necessary to conform the
11    minor's legal custody and status to such determination; or
12        (b) If the permanency goal of the minor cannot be
13    achieved immediately, the specific reasons for continuing
14    the minor in the care of the Department of Children and
15    Family Services or other agency for short-term short term
16    placement, and the following determinations:
17            (i) (Blank).
18            (ii) Whether the services required by the court
19        and by any service plan prepared within the prior 6
20        months have been provided and (A) if so, whether the
21        services were reasonably calculated to facilitate the
22        achievement of the permanency goal or (B) if not
23        provided, why the services were not provided.
24            (iii) Whether the minor's current or planned
25        placement is necessary, and appropriate to the plan
26        and goal, recognizing the right of minors to the least

 

 

HB2885- 58 -LRB103 26122 RLC 52478 b

1        restrictive (most family-like) setting available and
2        in close proximity to the parents' home consistent
3        with the health, safety, best interest, and special
4        needs of the minor and, if the minor is placed
5        out-of-state, whether the out-of-state placement
6        continues to be appropriate and consistent with the
7        health, safety, and best interest of the minor.
8            (iv) (Blank).
9            (v) (Blank).
10    (4) The minor or any person interested in the minor may
11apply to the court for a change in custody of the minor and the
12appointment of a new custodian or guardian of the person or for
13the restoration of the minor to the custody of his parents or
14former guardian or custodian.
15    When return home is not selected as the permanency goal:
16        (a) The Department, the minor, or the current foster
17    parent or relative caregiver seeking private guardianship
18    may file a motion for private guardianship of the minor.
19    Appointment of a guardian under this Section requires
20    approval of the court.
21        (b) The State's Attorney may file a motion to
22    terminate parental rights of any parent who has failed to
23    make active reasonable efforts to correct the conditions
24    which led to the removal of the child or reasonable
25    progress toward the return of the child, as defined in
26    subdivision (D)(m) of Section 1 of the Adoption Act or for

 

 

HB2885- 59 -LRB103 26122 RLC 52478 b

1    whom any other unfitness ground for terminating parental
2    rights as defined in subdivision (D) of Section 1 of the
3    Adoption Act exists.
4        When parental rights have been terminated for a
5    minimum of 3 years and the child who is the subject of the
6    permanency hearing is 13 years old or older and is not
7    currently placed in a placement likely to achieve
8    permanency, the Department of Children and Family Services
9    shall make active reasonable efforts to locate parents
10    whose rights have been terminated, except when the Court
11    determines that those efforts would be futile or
12    inconsistent with the subject child's best interests. The
13    Department of Children and Family Services shall assess
14    the appropriateness of the parent whose rights have been
15    terminated, and shall, as appropriate, foster and support
16    connections between the parent whose rights have been
17    terminated and the youth. The Department of Children and
18    Family Services shall document its determinations and
19    efforts to foster connections in the child's case plan.
20    Custody of the minor shall not be restored to any parent,
21guardian, or legal custodian in any case in which the minor is
22found to be neglected or abused under Section 2-3 or dependent
23under Section 2-4 of this Act, unless the minor can be cared
24for at home without endangering his or her health or safety and
25it is in the best interest of the minor, and if such neglect,
26abuse, or dependency is found by the court under paragraph (1)

 

 

HB2885- 60 -LRB103 26122 RLC 52478 b

1of Section 2-21 of this Act to have come about due to the acts
2or omissions or both of such parent, guardian, or legal
3custodian, until such time as an investigation is made as
4provided in paragraph (5) and a hearing is held on the issue of
5the health, safety, and best interest of the minor and the
6fitness of such parent, guardian, or legal custodian to care
7for the minor and the court enters an order that such parent,
8guardian, or legal custodian is fit to care for the minor. If a
9motion is filed to modify or vacate a private guardianship
10order and return the child to a parent, guardian, or legal
11custodian, the court may order the Department of Children and
12Family Services to assess the minor's current and proposed
13living arrangements and to provide ongoing monitoring of the
14health, safety, and best interest of the minor during the
15pendency of the motion to assist the court in making that
16determination. In the event that the minor has attained 18
17years of age and the guardian or custodian petitions the court
18for an order terminating his guardianship or custody,
19guardianship or custody shall terminate automatically 30 days
20after the receipt of the petition unless the court orders
21otherwise. No legal custodian or guardian of the person may be
22removed without his consent until given notice and an
23opportunity to be heard by the court.
24    When the court orders a child restored to the custody of
25the parent or parents, the court shall order the parent or
26parents to cooperate with the Department of Children and

 

 

HB2885- 61 -LRB103 26122 RLC 52478 b

1Family Services and comply with the terms of an after-care
2plan, or risk the loss of custody of the child and possible
3termination of their parental rights. The court may also enter
4an order of protective supervision in accordance with Section
52-24.
6    If the minor is being restored to the custody of a parent,
7legal custodian, or guardian who lives outside of Illinois,
8and an Interstate Compact has been requested and refused, the
9court may order the Department of Children and Family Services
10to arrange for an assessment of the minor's proposed living
11arrangement and for ongoing monitoring of the health, safety,
12and best interest of the minor and compliance with any order of
13protective supervision entered in accordance with Section
142-24.
15    (5) Whenever a parent, guardian, or legal custodian files
16a motion for restoration of custody of the minor, and the minor
17was adjudicated neglected, abused, or dependent as a result of
18physical abuse, the court shall cause to be made an
19investigation as to whether the movant has ever been charged
20with or convicted of any criminal offense which would indicate
21the likelihood of any further physical abuse to the minor.
22Evidence of such criminal convictions shall be taken into
23account in determining whether the minor can be cared for at
24home without endangering his or her health or safety and
25fitness of the parent, guardian, or legal custodian.
26        (a) Any agency of this State or any subdivision

 

 

HB2885- 62 -LRB103 26122 RLC 52478 b

1    thereof shall cooperate with the agent of the court in
2    providing any information sought in the investigation.
3        (b) The information derived from the investigation and
4    any conclusions or recommendations derived from the
5    information shall be provided to the parent, guardian, or
6    legal custodian seeking restoration of custody prior to
7    the hearing on fitness and the movant shall have an
8    opportunity at the hearing to refute the information or
9    contest its significance.
10        (c) All information obtained from any investigation
11    shall be confidential as provided in Section 5-150 of this
12    Act.
13(Source: P.A. 101-63, eff. 10-1-19; 102-193, eff. 7-30-21;
14102-489, eff. 8-20-21; 102-813, eff. 5-13-22; revised
158-23-22.)
 
16    (705 ILCS 405/2-31)  (from Ch. 37, par. 802-31)
17    Sec. 2-31. Duration of wardship and discharge of
18proceedings.
19    (1) All proceedings under Article II of this Act in
20respect of any minor automatically terminate upon his or her
21attaining the age of 21 years.
22    (2) Whenever the court determines, and makes written
23factual findings, that health, safety, and the best interests
24of the minor and the public no longer require the wardship of
25the court, the court shall order the wardship terminated and

 

 

HB2885- 63 -LRB103 26122 RLC 52478 b

1all proceedings under this Act respecting that minor finally
2closed and discharged. The court may at the same time continue
3or terminate any custodianship or guardianship theretofore
4ordered but the termination must be made in compliance with
5Section 2-28. When terminating wardship under this Section, if
6the minor is over 18 or if wardship is terminated in
7conjunction with an order partially or completely emancipating
8the minor in accordance with the Emancipation of Minors Act,
9the court shall also consider the following factors, in
10addition to the health, safety, and best interest of the minor
11and the public: (A) the minor's wishes regarding case closure;
12(B) the manner in which the minor will maintain independence
13without services from the Department; (C) the minor's
14engagement in services including placement offered by the
15Department; (D) if the minor is not engaged, the Department's
16efforts to engage the minor; (E) the nature of communication
17between the minor and the Department; (F) the minor's
18involvement in other State systems or services; (G) the
19minor's connections with family and other community support;
20and (H) any other factor the court deems relevant. The minor's
21lack of cooperation with services provided by the Department
22of Children and Family Services shall not by itself be
23considered sufficient evidence that the minor is prepared to
24live independently and that it is in the best interest of the
25minor to terminate wardship. It shall not be in the minor's
26best interest to terminate wardship of a minor over the age of

 

 

HB2885- 64 -LRB103 26122 RLC 52478 b

118 who is in the guardianship of the Department of Children and
2Family Services if the Department has not made active
3reasonable efforts to ensure that the minor has documents
4necessary for adult living as provided in Section 35.10 of the
5Children and Family Services Act.
6    (3) The wardship of the minor and any custodianship or
7guardianship respecting the minor for whom a petition was
8filed after July 24, 1991 (the effective date of Public Act
987-14) automatically terminates when he attains the age of 19
10years, except as set forth in subsection (1) of this Section.
11The clerk of the court shall at that time record all
12proceedings under this Act as finally closed and discharged
13for that reason. The provisions of this subsection (3) become
14inoperative on and after July 12, 2019 (the effective date of
15Public Act 101-78).
16    (4) Notwithstanding any provision of law to the contrary,
17the changes made by Public Act 101-78 apply to all cases that
18are pending on or after July 12, 2019 (the effective date of
19Public Act 101-78).
20(Source: P.A. 101-78, eff. 7-12-19; 102-558, eff. 8-20-21.)
 
21    Section 10. The Adoption Act is amended by changing
22Section 1 as follows:
 
23    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
24    Sec. 1. Definitions. When used in this Act, unless the

 

 

HB2885- 65 -LRB103 26122 RLC 52478 b

1context otherwise requires:
2    A. "Child" means a person under legal age subject to
3adoption under this Act.
4    B. "Related child" means a child subject to adoption where
5either or both of the adopting parents stands in any of the
6following relationships to the child by blood, marriage,
7adoption, or civil union: parent, grand-parent,
8great-grandparent, brother, sister, step-parent,
9step-grandparent, step-brother, step-sister, uncle, aunt,
10great-uncle, great-aunt, first cousin, or second cousin. A
11person is related to the child as a first cousin or second
12cousin if they are both related to the same ancestor as either
13grandchild or great-grandchild. A child whose parent has
14executed a consent to adoption, a surrender, or a waiver
15pursuant to Section 10 of this Act or whose parent has signed a
16denial of paternity pursuant to Section 12 of the Vital
17Records Act or Section 12a of this Act, or whose parent has had
18his or her parental rights terminated, is not a related child
19to that person, unless (1) the consent is determined to be void
20or is void pursuant to subsection O of Section 10 of this Act;
21or (2) the parent of the child executed a consent to adoption
22by a specified person or persons pursuant to subsection A-1 of
23Section 10 of this Act and a court of competent jurisdiction
24finds that such consent is void; or (3) the order terminating
25the parental rights of the parent is vacated by a court of
26competent jurisdiction.

 

 

HB2885- 66 -LRB103 26122 RLC 52478 b

1    C. "Agency" for the purpose of this Act means a public
2child welfare agency or a licensed child welfare agency.
3    D. "Unfit person" means any person whom the court shall
4find to be unfit to have a child, without regard to the
5likelihood that the child will be placed for adoption. The
6grounds of unfitness are any one or more of the following,
7except that a person shall not be considered an unfit person
8for the sole reason that the person has relinquished a child in
9accordance with the Abandoned Newborn Infant Protection Act or
10the Department of Children and Family Services or its assign
11has been found to have not made active efforts as defined in
12Section 1-3 of the Juvenile Court Act of 1987 during any period
13during the pendency of the case at hand:
14        (a) Abandonment of the child.
15        (a-1) Abandonment of a newborn infant in a hospital.
16        (a-2) Abandonment of a newborn infant in any setting
17    where the evidence suggests that the parent intended to
18    relinquish his or her parental rights.
19        (b) Failure to maintain a reasonable degree of
20    interest, concern or responsibility as to the child's
21    welfare.
22        (c) Desertion of the child for more than 3 months next
23    preceding the commencement of the Adoption proceeding.
24        (d) Substantial neglect of the child if continuous or
25    repeated.
26        (d-1) Substantial neglect, if continuous or repeated,

 

 

HB2885- 67 -LRB103 26122 RLC 52478 b

1    of any child residing in the household which resulted in
2    the death of that child.
3        (e) Extreme or repeated cruelty to the child.
4        (f) There is a rebuttable presumption, which can be
5    overcome only by clear and convincing evidence, that a
6    parent is unfit if:
7            (1) Two or more findings of physical abuse have
8        been entered regarding any children under Section 2-21
9        of the Juvenile Court Act of 1987, the most recent of
10        which was determined by the juvenile court hearing the
11        matter to be supported by clear and convincing
12        evidence; or
13            (2) The parent has been convicted or found not
14        guilty by reason of insanity and the conviction or
15        finding resulted from the death of any child by
16        physical abuse; or
17            (3) There is a finding of physical child abuse
18        resulting from the death of any child under Section
19        2-21 of the Juvenile Court Act of 1987.
20        No conviction or finding of delinquency pursuant to
21    Article V of the Juvenile Court Act of 1987 shall be
22    considered a criminal conviction for the purpose of
23    applying any presumption under this item (f).
24        (g) Failure to protect the child from conditions
25    within his environment injurious to the child's welfare.
26        (h) Other neglect of, or misconduct toward the child;

 

 

HB2885- 68 -LRB103 26122 RLC 52478 b

1    provided that in making a finding of unfitness the court
2    hearing the adoption proceeding shall not be bound by any
3    previous finding, order or judgment affecting or
4    determining the rights of the parents toward the child
5    sought to be adopted in any other proceeding except such
6    proceedings terminating parental rights as shall be had
7    under either this Act, the Juvenile Court Act or the
8    Juvenile Court Act of 1987.
9        (i) Depravity. Conviction of any one of the following
10    crimes shall create a presumption that a parent is
11    depraved which can be overcome only by clear and
12    convincing evidence: (1) first degree murder in violation
13    of paragraph (1) or (2) of subsection (a) of Section 9-1 of
14    the Criminal Code of 1961 or the Criminal Code of 2012 or
15    conviction of second degree murder in violation of
16    subsection (a) of Section 9-2 of the Criminal Code of 1961
17    or the Criminal Code of 2012 of a parent of the child to be
18    adopted; (2) first degree murder or second degree murder
19    of any child in violation of the Criminal Code of 1961 or
20    the Criminal Code of 2012; (3) attempt or conspiracy to
21    commit first degree murder or second degree murder of any
22    child in violation of the Criminal Code of 1961 or the
23    Criminal Code of 2012; (4) solicitation to commit murder
24    of any child, solicitation to commit murder of any child
25    for hire, or solicitation to commit second degree murder
26    of any child in violation of the Criminal Code of 1961 or

 

 

HB2885- 69 -LRB103 26122 RLC 52478 b

1    the Criminal Code of 2012; (5) predatory criminal sexual
2    assault of a child in violation of Section 11-1.40 or
3    12-14.1 of the Criminal Code of 1961 or the Criminal Code
4    of 2012; (6) heinous battery of any child in violation of
5    the Criminal Code of 1961; (7) aggravated battery of any
6    child in violation of the Criminal Code of 1961 or the
7    Criminal Code of 2012; (8) any violation of Section
8    11-1.20 or Section 12-13 of the Criminal Code of 1961 or
9    the Criminal Code of 2012; (9) any violation of subsection
10    (a) of Section 11-1.50 or Section 12-16 of the Criminal
11    Code of 1961 or the Criminal Code of 2012; (10) any
12    violation of Section 11-9.1 of the Criminal Code of 1961
13    or the Criminal Code of 2012; (11) any violation of
14    Section 11-9.1A of the Criminal Code of 1961 or the
15    Criminal Code of 2012; or (12) an offense in any other
16    state the elements of which are similar and bear a
17    substantial relationship to any of the enumerated offenses
18    in this subsection (i).
19        There is a rebuttable presumption that a parent is
20    depraved if the parent has been criminally convicted of at
21    least 3 felonies under the laws of this State or any other
22    state, or under federal law, or the criminal laws of any
23    United States territory; and at least one of these
24    convictions took place within 5 years of the filing of the
25    petition or motion seeking termination of parental rights.
26        There is a rebuttable presumption that a parent is

 

 

HB2885- 70 -LRB103 26122 RLC 52478 b

1    depraved if that parent has been criminally convicted of
2    either first or second degree murder of any person as
3    defined in the Criminal Code of 1961 or the Criminal Code
4    of 2012 within 10 years of the filing date of the petition
5    or motion to terminate parental rights.
6        No conviction or finding of delinquency pursuant to
7    Article 5 of the Juvenile Court Act of 1987 shall be
8    considered a criminal conviction for the purpose of
9    applying any presumption under this item (i).
10        (j) Open and notorious adultery or fornication.
11        (j-1) (Blank).
12        (k) Habitual drunkenness or addiction to drugs, other
13    than those prescribed by a physician, for at least one
14    year immediately prior to the commencement of the
15    unfitness proceeding.
16        There is a rebuttable presumption that a parent is
17    unfit under this subsection with respect to any child to
18    which that parent gives birth where there is a confirmed
19    test result that at birth the child's blood, urine, or
20    meconium contained any amount of a controlled substance as
21    defined in subsection (f) of Section 102 of the Illinois
22    Controlled Substances Act or metabolites of such
23    substances, the presence of which in the newborn infant
24    was not the result of medical treatment administered to
25    the mother or the newborn infant; and the biological
26    mother of this child is the biological mother of at least

 

 

HB2885- 71 -LRB103 26122 RLC 52478 b

1    one other child who was adjudicated a neglected minor
2    under subsection (c) of Section 2-3 of the Juvenile Court
3    Act of 1987.
4        (l) Failure to demonstrate a reasonable degree of
5    interest, concern or responsibility as to the welfare of a
6    new born child during the first 30 days after its birth.
7        (m) Failure by a parent (i) to make reasonable efforts
8    to correct the conditions that were the basis for the
9    removal of the child from the parent during any 9-month
10    period following the adjudication of neglected or abused
11    minor under Section 2-3 of the Juvenile Court Act of 1987
12    or dependent minor under Section 2-4 of that Act, or (ii)
13    to make reasonable progress toward the return of the child
14    to the parent during any 9-month period following the
15    adjudication of neglected or abused minor under Section
16    2-3 of the Juvenile Court Act of 1987 or dependent minor
17    under Section 2-4 of that Act. If a service plan has been
18    established as required under Section 8.2 of the Abused
19    and Neglected Child Reporting Act to correct the
20    conditions that were the basis for the removal of the
21    child from the parent and if those services were
22    available, then, for purposes of this Act, "failure to
23    make reasonable progress toward the return of the child to
24    the parent" includes the parent's failure to substantially
25    fulfill his or her obligations under the service plan and
26    correct the conditions that brought the child into care

 

 

HB2885- 72 -LRB103 26122 RLC 52478 b

1    during any 9-month period following the adjudication under
2    Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
3    Notwithstanding any other provision, when a petition or
4    motion seeks to terminate parental rights on the basis of
5    item (ii) of this subsection (m), the petitioner shall
6    file with the court and serve on the parties a pleading
7    that specifies the 9-month period or periods relied on.
8    The pleading shall be filed and served on the parties no
9    later than 3 weeks before the date set by the court for
10    closure of discovery, and the allegations in the pleading
11    shall be treated as incorporated into the petition or
12    motion. Failure of a respondent to file a written denial
13    of the allegations in the pleading shall not be treated as
14    an admission that the allegations are true.
15        (m-1) (Blank).
16        (n) Evidence of intent to forgo his or her parental
17    rights, whether or not the child is a ward of the court,
18    (1) as manifested by his or her failure for a period of 12
19    months: (i) to visit the child, (ii) to communicate with
20    the child or agency, although able to do so and not
21    prevented from doing so by an agency or by court order, or
22    (iii) to maintain contact with or plan for the future of
23    the child, although physically able to do so, or (2) as
24    manifested by the father's failure, where he and the
25    mother of the child were unmarried to each other at the
26    time of the child's birth, (i) to commence legal

 

 

HB2885- 73 -LRB103 26122 RLC 52478 b

1    proceedings to establish his paternity under the Illinois
2    Parentage Act of 1984, the Illinois Parentage Act of 2015,
3    or the law of the jurisdiction of the child's birth within
4    30 days of being informed, pursuant to Section 12a of this
5    Act, that he is the father or the likely father of the
6    child or, after being so informed where the child is not
7    yet born, within 30 days of the child's birth, or (ii) to
8    make a good faith effort to pay a reasonable amount of the
9    expenses related to the birth of the child and to provide a
10    reasonable amount for the financial support of the child,
11    the court to consider in its determination all relevant
12    circumstances, including the financial condition of both
13    parents; provided that the ground for termination provided
14    in this subparagraph (n)(2)(ii) shall only be available
15    where the petition is brought by the mother or the husband
16    of the mother.
17        Contact or communication by a parent with his or her
18    child that does not demonstrate affection and concern does
19    not constitute reasonable contact and planning under
20    subdivision (n). In the absence of evidence to the
21    contrary, the ability to visit, communicate, maintain
22    contact, pay expenses and plan for the future shall be
23    presumed. The subjective intent of the parent, whether
24    expressed or otherwise, unsupported by evidence of the
25    foregoing parental acts manifesting that intent, shall not
26    preclude a determination that the parent has intended to

 

 

HB2885- 74 -LRB103 26122 RLC 52478 b

1    forgo his or her parental rights. In making this
2    determination, the court may consider but shall not
3    require a showing of diligent efforts by an authorized
4    agency to encourage the parent to perform the acts
5    specified in subdivision (n).
6        It shall be an affirmative defense to any allegation
7    under paragraph (2) of this subsection that the father's
8    failure was due to circumstances beyond his control or to
9    impediments created by the mother or any other person
10    having legal custody. Proof of that fact need only be by a
11    preponderance of the evidence.
12        (o) Repeated or continuous failure by the parents,
13    although physically and financially able, to provide the
14    child with adequate food, clothing, or shelter.
15        (p) Inability to discharge parental responsibilities
16    supported by competent evidence from a psychiatrist,
17    licensed clinical social worker, or clinical psychologist
18    of mental impairment, mental illness or an intellectual
19    disability as defined in Section 1-116 of the Mental
20    Health and Developmental Disabilities Code, or
21    developmental disability as defined in Section 1-106 of
22    that Code, and there is sufficient justification to
23    believe that the inability to discharge parental
24    responsibilities shall extend beyond a reasonable time
25    period. However, this subdivision (p) shall not be
26    construed so as to permit a licensed clinical social

 

 

HB2885- 75 -LRB103 26122 RLC 52478 b

1    worker to conduct any medical diagnosis to determine
2    mental illness or mental impairment.
3        (q) (Blank).
4        (r) The child is in the temporary custody or
5    guardianship of the Department of Children and Family
6    Services, the parent is incarcerated as a result of
7    criminal conviction at the time the petition or motion for
8    termination of parental rights is filed, prior to
9    incarceration the parent had little or no contact with the
10    child or provided little or no support for the child, and
11    the parent's incarceration will prevent the parent from
12    discharging his or her parental responsibilities for the
13    child for a period in excess of 2 years after the filing of
14    the petition or motion for termination of parental rights.
15        (s) The child is in the temporary custody or
16    guardianship of the Department of Children and Family
17    Services, the parent is incarcerated at the time the
18    petition or motion for termination of parental rights is
19    filed, the parent has been repeatedly incarcerated as a
20    result of criminal convictions, and the parent's repeated
21    incarceration has prevented the parent from discharging
22    his or her parental responsibilities for the child.
23        (t) A finding that at birth the child's blood, urine,
24    or meconium contained any amount of a controlled substance
25    as defined in subsection (f) of Section 102 of the
26    Illinois Controlled Substances Act, or a metabolite of a

 

 

HB2885- 76 -LRB103 26122 RLC 52478 b

1    controlled substance, with the exception of controlled
2    substances or metabolites of such substances, the presence
3    of which in the newborn infant was the result of medical
4    treatment administered to the mother or the newborn
5    infant, and that the biological mother of this child is
6    the biological mother of at least one other child who was
7    adjudicated a neglected minor under subsection (c) of
8    Section 2-3 of the Juvenile Court Act of 1987, after which
9    the biological mother had the opportunity to enroll in and
10    participate in a clinically appropriate substance abuse
11    counseling, treatment, and rehabilitation program.
12    E. "Parent" means a person who is the legal mother or legal
13father of the child as defined in subsection X or Y of this
14Section. For the purpose of this Act, a parent who has executed
15a consent to adoption, a surrender, or a waiver pursuant to
16Section 10 of this Act, who has signed a Denial of Paternity
17pursuant to Section 12 of the Vital Records Act or Section 12a
18of this Act, or whose parental rights have been terminated by a
19court, is not a parent of the child who was the subject of the
20consent, surrender, waiver, or denial unless (1) the consent
21is void pursuant to subsection O of Section 10 of this Act; or
22(2) the person executed a consent to adoption by a specified
23person or persons pursuant to subsection A-1 of Section 10 of
24this Act and a court of competent jurisdiction finds that the
25consent is void; or (3) the order terminating the parental
26rights of the person is vacated by a court of competent

 

 

HB2885- 77 -LRB103 26122 RLC 52478 b

1jurisdiction.
2    F. A person is available for adoption when the person is:
3        (a) a child who has been surrendered for adoption to
4    an agency and to whose adoption the agency has thereafter
5    consented;
6        (b) a child to whose adoption a person authorized by
7    law, other than his parents, has consented, or to whose
8    adoption no consent is required pursuant to Section 8 of
9    this Act;
10        (c) a child who is in the custody of persons who intend
11    to adopt him through placement made by his parents;
12        (c-1) a child for whom a parent has signed a specific
13    consent pursuant to subsection O of Section 10;
14        (d) an adult who meets the conditions set forth in
15    Section 3 of this Act; or
16        (e) a child who has been relinquished as defined in
17    Section 10 of the Abandoned Newborn Infant Protection Act.
18    A person who would otherwise be available for adoption
19shall not be deemed unavailable for adoption solely by reason
20of his or her death.
21    G. The singular includes the plural and the plural
22includes the singular and the "male" includes the "female", as
23the context of this Act may require.
24    H. (Blank).
25    I. "Habitual residence" has the meaning ascribed to it in
26the federal Intercountry Adoption Act of 2000 and regulations

 

 

HB2885- 78 -LRB103 26122 RLC 52478 b

1promulgated thereunder.
2    J. "Immediate relatives" means the biological parents, the
3parents of the biological parents and siblings of the
4biological parents.
5    K. "Intercountry adoption" is a process by which a child
6from a country other than the United States is adopted by
7persons who are habitual residents of the United States, or
8the child is a habitual resident of the United States who is
9adopted by persons who are habitual residents of a country
10other than the United States.
11    L. (Blank).
12    M. "Interstate Compact on the Placement of Children" is a
13law enacted by all states and certain territories for the
14purpose of establishing uniform procedures for handling the
15interstate placement of children in foster homes, adoptive
16homes, or other child care facilities.
17    N. (Blank).
18    O. "Preadoption requirements" means any conditions or
19standards established by the laws or administrative rules of
20this State that must be met by a prospective adoptive parent
21prior to the placement of a child in an adoptive home.
22    P. "Abused child" means a child whose parent or immediate
23family member, or any person responsible for the child's
24welfare, or any individual residing in the same home as the
25child, or a paramour of the child's parent:
26        (a) inflicts, causes to be inflicted, or allows to be

 

 

HB2885- 79 -LRB103 26122 RLC 52478 b

1    inflicted upon the child physical injury, by other than
2    accidental means, that causes death, disfigurement,
3    impairment of physical or emotional health, or loss or
4    impairment of any bodily function;
5        (b) creates a substantial risk of physical injury to
6    the child by other than accidental means which would be
7    likely to cause death, disfigurement, impairment of
8    physical or emotional health, or loss or impairment of any
9    bodily function;
10        (c) commits or allows to be committed any sex offense
11    against the child, as sex offenses are defined in the
12    Criminal Code of 2012 and extending those definitions of
13    sex offenses to include children under 18 years of age;
14        (d) commits or allows to be committed an act or acts of
15    torture upon the child; or
16        (e) inflicts excessive corporal punishment.
17    Q. "Neglected child" means any child whose parent or other
18person responsible for the child's welfare withholds or denies
19nourishment or medically indicated treatment including food or
20care denied solely on the basis of the present or anticipated
21mental or physical impairment as determined by a physician
22acting alone or in consultation with other physicians or
23otherwise does not provide the proper or necessary support,
24education as required by law, or medical or other remedial
25care recognized under State law as necessary for a child's
26well-being, or other care necessary for his or her well-being,

 

 

HB2885- 80 -LRB103 26122 RLC 52478 b

1including adequate food, clothing and shelter; or who is
2abandoned by his or her parents or other person responsible
3for the child's welfare.
4    A child shall not be considered neglected or abused for
5the sole reason that the child's parent or other person
6responsible for his or her welfare depends upon spiritual
7means through prayer alone for the treatment or cure of
8disease or remedial care as provided under Section 4 of the
9Abused and Neglected Child Reporting Act. A child shall not be
10considered neglected or abused for the sole reason that the
11child's parent or other person responsible for the child's
12welfare failed to vaccinate, delayed vaccination, or refused
13vaccination for the child due to a waiver on religious or
14medical grounds as permitted by law.
15    R. "Putative father" means a man who may be a child's
16father, but who (1) is not married to the child's mother on or
17before the date that the child was or is to be born and (2) has
18not established paternity of the child in a court proceeding
19before the filing of a petition for the adoption of the child.
20The term includes a male who is less than 18 years of age.
21"Putative father" does not mean a man who is the child's father
22as a result of criminal sexual abuse or assault as defined
23under Article 11 of the Criminal Code of 2012.
24    S. "Standby adoption" means an adoption in which a parent
25consents to custody and termination of parental rights to
26become effective upon the occurrence of a future event, which

 

 

HB2885- 81 -LRB103 26122 RLC 52478 b

1is either the death of the parent or the request of the parent
2for the entry of a final judgment of adoption.
3    T. (Blank).
4    T-5. "Biological parent", "birth parent", or "natural
5parent" of a child are interchangeable terms that mean a
6person who is biologically or genetically related to that
7child as a parent.
8    U. "Interstate adoption" means the placement of a minor
9child with a prospective adoptive parent for the purpose of
10pursuing an adoption for that child that is subject to the
11provisions of the Interstate Compact on the Placement of
12Children.
13    V. (Blank).
14    W. (Blank).
15    X. "Legal father" of a child means a man who is recognized
16as or presumed to be that child's father:
17        (1) because of his marriage to or civil union with the
18    child's parent at the time of the child's birth or within
19    300 days prior to that child's birth, unless he signed a
20    denial of paternity pursuant to Section 12 of the Vital
21    Records Act or a waiver pursuant to Section 10 of this Act;
22    or
23        (2) because his paternity of the child has been
24    established pursuant to the Illinois Parentage Act, the
25    Illinois Parentage Act of 1984, or the Gestational
26    Surrogacy Act; or

 

 

HB2885- 82 -LRB103 26122 RLC 52478 b

1        (3) because he is listed as the child's father or
2    parent on the child's birth certificate, unless he is
3    otherwise determined by an administrative or judicial
4    proceeding not to be the parent of the child or unless he
5    rescinds his acknowledgment of paternity pursuant to the
6    Illinois Parentage Act of 1984; or
7        (4) because his paternity or adoption of the child has
8    been established by a court of competent jurisdiction.
9    The definition in this subsection X shall not be construed
10to provide greater or lesser rights as to the number of parents
11who can be named on a final judgment order of adoption or
12Illinois birth certificate that otherwise exist under Illinois
13law.
14    Y. "Legal mother" of a child means a woman who is
15recognized as or presumed to be that child's mother:
16        (1) because she gave birth to the child except as
17    provided in the Gestational Surrogacy Act; or
18        (2) because her maternity of the child has been
19    established pursuant to the Illinois Parentage Act of 1984
20    or the Gestational Surrogacy Act; or
21        (3) because her maternity or adoption of the child has
22    been established by a court of competent jurisdiction; or
23        (4) because of her marriage to or civil union with the
24    child's other parent at the time of the child's birth or
25    within 300 days prior to the time of birth; or
26        (5) because she is listed as the child's mother or

 

 

HB2885- 83 -LRB103 26122 RLC 52478 b

1    parent on the child's birth certificate unless she is
2    otherwise determined by an administrative or judicial
3    proceeding not to be the parent of the child.
4    The definition in this subsection Y shall not be construed
5to provide greater or lesser rights as to the number of parents
6who can be named on a final judgment order of adoption or
7Illinois birth certificate that otherwise exist under Illinois
8law.
9    Z. "Department" means the Illinois Department of Children
10and Family Services.
11    AA. "Placement disruption" means a circumstance where the
12child is removed from an adoptive placement before the
13adoption is finalized.
14    BB. "Secondary placement" means a placement, including but
15not limited to the placement of a youth in care as defined in
16Section 4d of the Children and Family Services Act, that
17occurs after a placement disruption or an adoption
18dissolution. "Secondary placement" does not mean secondary
19placements arising due to the death of the adoptive parent of
20the child.
21    CC. "Adoption dissolution" means a circumstance where the
22child is removed from an adoptive placement after the adoption
23is finalized.
24    DD. "Unregulated placement" means the secondary placement
25of a child that occurs without the oversight of the courts, the
26Department, or a licensed child welfare agency.

 

 

HB2885- 84 -LRB103 26122 RLC 52478 b

1    EE. "Post-placement and post-adoption support services"
2means support services for placed or adopted children and
3families that include, but are not limited to, mental health
4treatment, including counseling and other support services for
5emotional, behavioral, or developmental needs, and treatment
6for substance abuse.
7    FF. "Youth in care" has the meaning provided in Section 4d
8of the Children and Family Services Act.
9(Source: P.A. 101-155, eff. 1-1-20; 101-529, eff. 1-1-20;
10102-139, eff. 1-1-22; 102-558, eff. 8-20-21.)