Illinois General Assembly - Full Text of HB4927
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Full Text of HB4927  95th General Assembly

HB4927eng 95TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning courts.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Children and Family Services Act is amended
5 by changing Section 35.2 as follows:
 
6     (20 ILCS 505/35.2)  (from Ch. 23, par. 5035.2)
7     Sec. 35.2. If a child has been found to be an abused minor
8 under Section 4-8 of the Juvenile Court Act or Section 2-21 of
9 the Juvenile Court Act of 1987, and the perpetrator of the
10 abuse was the child's parent, and (i) such parent has been
11 convicted of aggravated battery of the child or (ii) such
12 parent has been convicted of aggravated participation in
13 methamphetamine manufacturing under subdivision (b)(1)(B) of
14 Section 15 of the Methamphetamine Control and Community
15 Protection Act and the child who has been found to be an abused
16 minor was the child who resided or was present at the place
17 when the methamphetamine was manufactured or who was endangered
18 by the manufacture of the methamphetamine, and the child has
19 been committed to the Department of Children and Family
20 Services for care and service under Section 5-7 of the Juvenile
21 Court Act or Section 2-27 of the Juvenile Court Act of 1987,
22 the Department shall cause to be filed a petition seeking the
23 termination of such parent's parental rights pursuant to "An

 

 

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1 Act in relation to the adoption of persons, and to repeal an
2 Act therein named", approved July 17, 1959, as amended, or
3 under Section 2-29 of the Juvenile Court Act of 1987, and the
4 Department shall also seek placement of the child with suitable
5 adoptive parents.
6     Notwithstanding any other rulemaking authority that may
7 exist, neither the Governor nor any agency or agency head under
8 the jurisdiction of the Governor has any authority to make or
9 promulgate rules to implement or enforce the provisions of this
10 amendatory Act of the 95th General Assembly. If, however, the
11 Governor believes that rules are necessary to implement or
12 enforce the provisions of this amendatory Act of the 95th
13 General Assembly, the Governor may suggest rules to the General
14 Assembly by filing them with the Clerk of the House and the
15 Secretary of the Senate and by requesting that the General
16 Assembly authorize such rulemaking by law, enact those
17 suggested rules into law, or take any other appropriate action
18 in the General Assembly's discretion. Nothing contained in this
19 amendatory Act of the 95th General Assembly shall be
20 interpreted to grant rulemaking authority under any other
21 Illinois statute where such authority is not otherwise
22 explicitly given. For the purposes of this Section, "rules" is
23 given the meaning contained in Section 1-70 of the Illinois
24 Administrative Procedure Act, and "agency" and "agency head"
25 are given the meanings contained in Sections 1-20 and 1-25 of
26 the Illinois Administrative Procedure Act to the extent that

 

 

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1 such definitions apply to agencies or agency heads under the
2 jurisdiction of the Governor.
3 (Source: P.A. 86-403.)
 
4     Section 10. The Juvenile Court Act of 1987 is amended by
5 changing Section 1-2 as follows:
 
6     (705 ILCS 405/1-2)  (from Ch. 37, par. 801-2)
7     Sec. 1-2. Purpose and policy.
8     (1) The purpose of this Act is to secure for each minor
9 subject hereto such care and guidance, preferably in his or her
10 own home, as will serve the safety and moral, emotional,
11 mental, and physical welfare of the minor and the best
12 interests of the community; to preserve and strengthen the
13 minor's family ties whenever possible, removing him or her from
14 the custody of his or her parents only when his or her safety
15 or welfare or the protection of the public cannot be adequately
16 safeguarded without removal; if the child is removed from the
17 custody of his or her parent, the Department of Children and
18 Family Services immediately shall consider concurrent
19 planning, as described in Section 5 of the Children and Family
20 Services Act so that permanency may occur at the earliest
21 opportunity; consideration should be given so that if
22 reunification fails or is delayed, the placement made is the
23 best available placement to provide permanency for the child;
24 and, when the minor is removed from his or her own family, to

 

 

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

 

 

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

 

 

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1     education and social services.
2         (c) The parents' right to the custody of their child
3     shall not prevail when the court determines that it is
4     contrary to the health, safety, and best interests of the
5     child.
6     (4) This Act shall be liberally construed to carry out the
7 foregoing purpose and policy.
8     (5) Notwithstanding any other rulemaking authority that
9 may exist, neither the Governor nor any agency or agency head
10 under the jurisdiction of the Governor has any authority to
11 make or promulgate rules to implement or enforce the provisions
12 of this amendatory Act of the 95th General Assembly. If,
13 however, the Governor believes that rules are necessary to
14 implement or enforce the provisions of this amendatory Act of
15 the 95th General Assembly, the Governor may suggest rules to
16 the General Assembly by filing them with the Clerk of the House
17 and the Secretary of the Senate and by requesting that the
18 General Assembly authorize such rulemaking by law, enact those
19 suggested rules into law, or take any other appropriate action
20 in the General Assembly's discretion. Nothing contained in this
21 amendatory Act of the 95th General Assembly shall be
22 interpreted to grant rulemaking authority under any other
23 Illinois statute where such authority is not otherwise
24 explicitly given. For the purposes of this Section, "rules" is
25 given the meaning contained in Section 1-70 of the Illinois
26 Administrative Procedure Act, and "agency" and "agency head"

 

 

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1 are given the meanings contained in Sections 1-20 and 1-25 of
2 the Illinois Administrative Procedure Act to the extent that
3 such definitions apply to agencies or agency heads under the
4 jurisdiction of the Governor.
5 (Source: P.A. 89-704, eff. 8-16-97 (changed from 1-1-98 by P.A.
6 90-443); 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-443, eff.
7 8-16-97; 90-608, eff. 6-30-98.)
 
8     Section 15. The Adoption Act is amended by changing Section
9 1 as follows:
 
10     (750 ILCS 50/1)  (from Ch. 40, par. 1501)
11     Sec. 1. Definitions. When used in this Act, unless the
12 context otherwise requires:
13     A. "Child" means a person under legal age subject to
14 adoption under this Act.
15     B. "Related child" means a child subject to adoption where
16 either or both of the adopting parents stands in any of the
17 following relationships to the child by blood or marriage:
18 parent, grand-parent, brother, sister, step-parent,
19 step-grandparent, step-brother, step-sister, uncle, aunt,
20 great-uncle, great-aunt, or cousin of first degree. A child
21 whose parent has executed a final irrevocable consent to
22 adoption or a final irrevocable surrender for purposes of
23 adoption, or whose parent has had his or her parental rights
24 terminated, is not a related child to that person, unless the

 

 

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1 consent is determined to be void or is void pursuant to
2 subsection O of Section 10.
3     C. "Agency" for the purpose of this Act means a public
4 child welfare agency or a licensed child welfare agency.
5     D. "Unfit person" means any person whom the court shall
6 find to be unfit to have a child, without regard to the
7 likelihood that the child will be placed for adoption. The
8 grounds of unfitness are any one or more of the following,
9 except that a person shall not be considered an unfit person
10 for the sole reason that the person has relinquished a child in
11 accordance with the Abandoned Newborn Infant Protection Act:
12         (a) Abandonment of the child.
13         (a-1) Abandonment of a newborn infant in a hospital.
14         (a-2) Abandonment of a newborn infant in any setting
15     where the evidence suggests that the parent intended to
16     relinquish his or her parental rights.
17         (b) Failure to maintain a reasonable degree of
18     interest, concern or responsibility as to the child's
19     welfare.
20         (c) Desertion of the child for more than 3 months next
21     preceding the commencement of the Adoption proceeding.
22         (d) Substantial neglect of the child if continuous or
23     repeated.
24         (d-1) Substantial neglect, if continuous or repeated,
25     of any child residing in the household which resulted in
26     the death of that child.

 

 

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

 

 

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1     previous finding, order or judgment affecting or
2     determining the rights of the parents toward the child
3     sought to be adopted in any other proceeding except such
4     proceedings terminating parental rights as shall be had
5     under either this Act, the Juvenile Court Act or the
6     Juvenile Court Act of 1987.
7         (i) Depravity. Conviction of any one of the following
8     crimes shall create a presumption that a parent is depraved
9     which can be overcome only by clear and convincing
10     evidence: (1) first degree murder in violation of paragraph
11     1 or 2 of subsection (a) of Section 9-1 of the Criminal
12     Code of 1961 or conviction of second degree murder in
13     violation of subsection (a) of Section 9-2 of the Criminal
14     Code of 1961 of a parent of the child to be adopted; (2)
15     first degree murder or second degree murder of any child in
16     violation of the Criminal Code of 1961; (3) attempt or
17     conspiracy to commit first degree murder or second degree
18     murder of any child in violation of the Criminal Code of
19     1961; (4) solicitation to commit murder of any child,
20     solicitation to commit murder of any child for hire, or
21     solicitation to commit second degree murder of any child in
22     violation of the Criminal Code of 1961; (5) predatory
23     criminal sexual assault of a child in violation of Section
24     12-14.1 of the Criminal Code of 1961; (6) heinous battery
25     of any child in violation of the Criminal Code of 1961; or
26     (7) aggravated battery of any child in violation of the

 

 

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1     Criminal Code of 1961; or (8) aggravated participation in
2     methamphetamine manufacturing in violation of subdivision
3     (b)(1)(B) of Section 15 of the Methamphetamine Control and
4     Community Protection Act, where any child resided or was
5     present at the place when the methamphetamine was
6     manufactured or was endangered by the manufacture of the
7     methamphetamine.
8         There is a rebuttable presumption that a parent is
9     depraved if the parent has been criminally convicted of at
10     least 3 felonies under the laws of this State or any other
11     state, or under federal law, or the criminal laws of any
12     United States territory; and at least one of these
13     convictions took place within 5 years of the filing of the
14     petition or motion seeking termination of parental rights.
15         There is a rebuttable presumption that a parent is
16     depraved if that parent has been criminally convicted of
17     either first or second degree murder of any person as
18     defined in the Criminal Code of 1961 within 10 years of the
19     filing date of the petition or motion to terminate parental
20     rights.
21         No conviction or finding of delinquency pursuant to
22     Article 5 of the Juvenile Court Act of 1987 shall be
23     considered a criminal conviction for the purpose of
24     applying any presumption under this item (i).
25         (j) Open and notorious adultery or fornication.
26         (j-1) (Blank).

 

 

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1         (k) Habitual drunkenness or addiction to drugs, other
2     than those prescribed by a physician, for at least one year
3     immediately prior to the commencement of the unfitness
4     proceeding.
5         There is a rebuttable presumption that a parent is
6     unfit under this subsection with respect to any child to
7     which that parent gives birth where there is a confirmed
8     test result that at birth the child's blood, urine, or
9     meconium contained any amount of a controlled substance as
10     defined in subsection (f) of Section 102 of the Illinois
11     Controlled Substances Act or metabolites of such
12     substances, the presence of which in the newborn infant was
13     not the result of medical treatment administered to the
14     mother or the newborn infant; and the biological mother of
15     this child is the biological mother of at least one other
16     child who was adjudicated a neglected minor under
17     subsection (c) of Section 2-3 of the Juvenile Court Act of
18     1987.
19         (l) Failure to demonstrate a reasonable degree of
20     interest, concern or responsibility as to the welfare of a
21     new born child during the first 30 days after its birth.
22         (m) Failure by a parent (i) to make reasonable efforts
23     to correct the conditions that were the basis for the
24     removal of the child from the parent, or (ii) to make
25     reasonable progress toward the return of the child to the
26     parent within 9 months after an adjudication of neglected

 

 

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1     or abused minor under Section 2-3 of the Juvenile Court Act
2     of 1987 or dependent minor under Section 2-4 of that Act,
3     or (iii) to make reasonable progress toward the return of
4     the child to the parent during any 9-month period after the
5     end of the initial 9-month period following the
6     adjudication of neglected or abused minor under Section 2-3
7     of the Juvenile Court Act of 1987 or dependent minor under
8     Section 2-4 of that Act. If a service plan has been
9     established as required under Section 8.2 of the Abused and
10     Neglected Child Reporting Act to correct the conditions
11     that were the basis for the removal of the child from the
12     parent and if those services were available, then, for
13     purposes of this Act, "failure to make reasonable progress
14     toward the return of the child to the parent" includes (I)
15     the parent's failure to substantially fulfill his or her
16     obligations under the service plan and correct the
17     conditions that brought the child into care within 9 months
18     after the adjudication under Section 2-3 or 2-4 of the
19     Juvenile Court Act of 1987 and (II) the parent's failure to
20     substantially fulfill his or her obligations under the
21     service plan and correct the conditions that brought the
22     child into care during any 9-month period after the end of
23     the initial 9-month period following the adjudication
24     under Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
25     Notwithstanding any other provision, when a petition or
26     motion seeks to terminate parental rights on the basis of

 

 

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1     item (iii) of this subsection (m), the petitioner shall
2     file with the court and serve on the parties a pleading
3     that specifies the 9-month period or periods relied on. The
4     pleading shall be filed and served on the parties no later
5     than 3 weeks before the date set by the court for closure
6     of discovery, and the allegations in the pleading shall be
7     treated as incorporated into the petition or motion.
8     Failure of a respondent to file a written denial of the
9     allegations in the pleading shall not be treated as an
10     admission that the allegations are true.
11         (m-1) Pursuant to the Juvenile Court Act of 1987, a
12     child has been in foster care for 15 months out of any 22
13     month period which begins on or after the effective date of
14     this amendatory Act of 1998 unless the child's parent can
15     prove by a preponderance of the evidence that it is more
16     likely than not that it will be in the best interests of
17     the child to be returned to the parent within 6 months of
18     the date on which a petition for termination of parental
19     rights is filed under the Juvenile Court Act of 1987. The
20     15 month time limit is tolled during any period for which
21     there is a court finding that the appointed custodian or
22     guardian failed to make reasonable efforts to reunify the
23     child with his or her family, provided that (i) the finding
24     of no reasonable efforts is made within 60 days of the
25     period when reasonable efforts were not made or (ii) the
26     parent filed a motion requesting a finding of no reasonable

 

 

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1     efforts within 60 days of the period when reasonable
2     efforts were not made. For purposes of this subdivision
3     (m-1), the date of entering foster care is the earlier of:
4     (i) the date of a judicial finding at an adjudicatory
5     hearing that the child is an abused, neglected, or
6     dependent minor; or (ii) 60 days after the date on which
7     the child is removed from his or her parent, guardian, or
8     legal custodian.
9         (n) Evidence of intent to forgo his or her parental
10     rights, whether or not the child is a ward of the court,
11     (1) as manifested by his or her failure for a period of 12
12     months: (i) to visit the child, (ii) to communicate with
13     the child or agency, although able to do so and not
14     prevented from doing so by an agency or by court order, or
15     (iii) to maintain contact with or plan for the future of
16     the child, although physically able to do so, or (2) as
17     manifested by the father's failure, where he and the mother
18     of the child were unmarried to each other at the time of
19     the child's birth, (i) to commence legal proceedings to
20     establish his paternity under the Illinois Parentage Act of
21     1984 or the law of the jurisdiction of the child's birth
22     within 30 days of being informed, pursuant to Section 12a
23     of this Act, that he is the father or the likely father of
24     the child or, after being so informed where the child is
25     not yet born, within 30 days of the child's birth, or (ii)
26     to make a good faith effort to pay a reasonable amount of

 

 

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1     the expenses related to the birth of the child and to
2     provide a reasonable amount for the financial support of
3     the child, the court to consider in its determination all
4     relevant circumstances, including the financial condition
5     of both parents; provided that the ground for termination
6     provided in this subparagraph (n)(2)(ii) shall only be
7     available where the petition is brought by the mother or
8     the husband of the mother.
9         Contact or communication by a parent with his or her
10     child that does not demonstrate affection and concern does
11     not constitute reasonable contact and planning under
12     subdivision (n). In the absence of evidence to the
13     contrary, the ability to visit, communicate, maintain
14     contact, pay expenses and plan for the future shall be
15     presumed. The subjective intent of the parent, whether
16     expressed or otherwise, unsupported by evidence of the
17     foregoing parental acts manifesting that intent, shall not
18     preclude a determination that the parent has intended to
19     forgo his or her parental rights. In making this
20     determination, the court may consider but shall not require
21     a showing of diligent efforts by an authorized agency to
22     encourage the parent to perform the acts specified in
23     subdivision (n).
24         It shall be an affirmative defense to any allegation
25     under paragraph (2) of this subsection that the father's
26     failure was due to circumstances beyond his control or to

 

 

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1     impediments created by the mother or any other person
2     having legal custody. Proof of that fact need only be by a
3     preponderance of the evidence.
4         (o) Repeated or continuous failure by the parents,
5     although physically and financially able, to provide the
6     child with adequate food, clothing, or shelter.
7         (p) Inability to discharge parental responsibilities
8     supported by competent evidence from a psychiatrist,
9     licensed clinical social worker, or clinical psychologist
10     of mental impairment, mental illness or mental retardation
11     as defined in Section 1-116 of the Mental Health and
12     Developmental Disabilities Code, or developmental
13     disability as defined in Section 1-106 of that Code, and
14     there is sufficient justification to believe that the
15     inability to discharge parental responsibilities shall
16     extend beyond a reasonable time period. However, this
17     subdivision (p) shall not be construed so as to permit a
18     licensed clinical social worker to conduct any medical
19     diagnosis to determine mental illness or mental
20     impairment.
21         (q) (Blank).
22         (r) The child is in the temporary custody or
23     guardianship of the Department of Children and Family
24     Services, the parent is incarcerated as a result of
25     criminal conviction at the time the petition or motion for
26     termination of parental rights is filed, prior to

 

 

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1     incarceration the parent had little or no contact with the
2     child or provided little or no support for the child, and
3     the parent's incarceration will prevent the parent from
4     discharging his or her parental responsibilities for the
5     child for a period in excess of 2 years after the filing of
6     the petition or motion for termination of parental rights.
7         (s) The child is in the temporary custody or
8     guardianship of the Department of Children and Family
9     Services, the parent is incarcerated at the time the
10     petition or motion for termination of parental rights is
11     filed, the parent has been repeatedly incarcerated as a
12     result of criminal convictions, and the parent's repeated
13     incarceration has prevented the parent from discharging
14     his or her parental responsibilities for the child.
15         (t) A finding that at birth the child's blood, urine,
16     or meconium contained any amount of a controlled substance
17     as defined in subsection (f) of Section 102 of the Illinois
18     Controlled Substances Act, or a metabolite of a controlled
19     substance, with the exception of controlled substances or
20     metabolites of such substances, the presence of which in
21     the newborn infant was the result of medical treatment
22     administered to the mother or the newborn infant, and that
23     the biological mother of this child is the biological
24     mother of at least one other child who was adjudicated a
25     neglected minor under subsection (c) of Section 2-3 of the
26     Juvenile Court Act of 1987, after which the biological

 

 

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1     mother had the opportunity to enroll in and participate in
2     a clinically appropriate substance abuse counseling,
3     treatment, and rehabilitation program.
4     E. "Parent" means the father or mother of a lawful child of
5 the parties or child born out of wedlock. For the purpose of
6 this Act, a person who has executed a final and irrevocable
7 consent to adoption or a final and irrevocable surrender for
8 purposes of adoption, or whose parental rights have been
9 terminated by a court, is not a parent of the child who was the
10 subject of the consent or surrender, unless the consent is void
11 pursuant to subsection O of Section 10.
12     F. A person is available for adoption when the person is:
13         (a) a child who has been surrendered for adoption to an
14     agency and to whose adoption the agency has thereafter
15     consented;
16         (b) a child to whose adoption a person authorized by
17     law, other than his parents, has consented, or to whose
18     adoption no consent is required pursuant to Section 8 of
19     this Act;
20         (c) a child who is in the custody of persons who intend
21     to adopt him through placement made by his parents;
22         (c-1) a child for whom a parent has signed a specific
23     consent pursuant to subsection O of Section 10;
24         (d) an adult who meets the conditions set forth in
25     Section 3 of this Act; or
26         (e) a child who has been relinquished as defined in

 

 

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1     Section 10 of the Abandoned Newborn Infant Protection Act.
2     A person who would otherwise be available for adoption
3 shall not be deemed unavailable for adoption solely by reason
4 of his or her death.
5     G. The singular includes the plural and the plural includes
6 the singular and the "male" includes the "female", as the
7 context of this Act may require.
8     H. "Adoption disruption" occurs when an adoptive placement
9 does not prove successful and it becomes necessary for the
10 child to be removed from placement before the adoption is
11 finalized.
12     I. "Foreign placing agency" is an agency or individual
13 operating in a country or territory outside the United States
14 that is authorized by its country to place children for
15 adoption either directly with families in the United States or
16 through United States based international agencies.
17     J. "Immediate relatives" means the biological parents, the
18 parents of the biological parents and siblings of the
19 biological parents.
20     K. "Intercountry adoption" is a process by which a child
21 from a country other than the United States is adopted.
22     L. "Intercountry Adoption Coordinator" is a staff person of
23 the Department of Children and Family Services appointed by the
24 Director to coordinate the provision of services by the public
25 and private sector to prospective parents of foreign-born
26 children.

 

 

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1     M. "Interstate Compact on the Placement of Children" is a
2 law enacted by most states for the purpose of establishing
3 uniform procedures for handling the interstate placement of
4 children in foster homes, adoptive homes, or other child care
5 facilities.
6     N. "Non-Compact state" means a state that has not enacted
7 the Interstate Compact on the Placement of Children.
8     O. "Preadoption requirements" are any conditions
9 established by the laws or regulations of the Federal
10 Government or of each state that must be met prior to the
11 placement of a child in an adoptive home.
12     P. "Abused child" means a child whose parent or immediate
13 family member, or any person responsible for the child's
14 welfare, or any individual residing in the same home as the
15 child, or a paramour of the child's parent:
16         (a) inflicts, causes to be inflicted, or allows to be
17     inflicted upon the child physical injury, by other than
18     accidental means, that causes death, disfigurement,
19     impairment of physical or emotional health, or loss or
20     impairment of any bodily function;
21         (b) creates a substantial risk of physical injury to
22     the child by other than accidental means which would be
23     likely to cause death, disfigurement, impairment of
24     physical or emotional health, or loss or impairment of any
25     bodily function;
26         (c) commits or allows to be committed any sex offense

 

 

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1     against the child, as sex offenses are defined in the
2     Criminal Code of 1961 and extending those definitions of
3     sex offenses to include children under 18 years of age;
4         (d) commits or allows to be committed an act or acts of
5     torture upon the child; or
6         (e) inflicts excessive corporal punishment; or
7         (f) commits aggravated participation in
8     methamphetamine manufacturing in violation of subdivision
9     (b)(1)(B) of Section 15 of the Methamphetamine Control and
10     Community Protection Act, where the child resided or was
11     present at the place when the methamphetamine was
12     manufactured or who was endangered by the manufacture of
13     the methamphetamine.
14     Q. "Neglected child" means any child whose parent or other
15 person responsible for the child's welfare withholds or denies
16 nourishment or medically indicated treatment including food or
17 care denied solely on the basis of the present or anticipated
18 mental or physical impairment as determined by a physician
19 acting alone or in consultation with other physicians or
20 otherwise does not provide the proper or necessary support,
21 education as required by law, or medical or other remedial care
22 recognized under State law as necessary for a child's
23 well-being, or other care necessary for his or her well-being,
24 including adequate food, clothing and shelter; or who is
25 abandoned by his or her parents or other person responsible for
26 the child's welfare.

 

 

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1     A child shall not be considered neglected or abused for the
2 sole reason that the child's parent or other person responsible
3 for his or her welfare depends upon spiritual means through
4 prayer alone for the treatment or cure of disease or remedial
5 care as provided under Section 4 of the Abused and Neglected
6 Child Reporting Act. A child shall not be considered neglected
7 or abused for the sole reason that the child's parent or other
8 person responsible for the child's welfare failed to vaccinate,
9 delayed vaccination, or refused vaccination for the child due
10 to a waiver on religious or medical grounds as permitted by
11 law.
12     R. "Putative father" means a man who may be a child's
13 father, but who (1) is not married to the child's mother on or
14 before the date that the child was or is to be born and (2) has
15 not established paternity of the child in a court proceeding
16 before the filing of a petition for the adoption of the child.
17 The term includes a male who is less than 18 years of age.
18 "Putative father" does not mean a man who is the child's father
19 as a result of criminal sexual abuse or assault as defined
20 under Article 12 of the Criminal Code of 1961.
21     S. "Standby adoption" means an adoption in which a parent
22 consents to custody and termination of parental rights to
23 become effective upon the occurrence of a future event, which
24 is either the death of the parent or the request of the parent
25 for the entry of a final judgment of adoption.
26     T. (Blank).

 

 

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1     Notwithstanding any other rulemaking authority that may
2 exist, neither the Governor nor any agency or agency head under
3 the jurisdiction of the Governor has any authority to make or
4 promulgate rules to implement or enforce the provisions of this
5 amendatory Act of the 95th General Assembly. If, however, the
6 Governor believes that rules are necessary to implement or
7 enforce the provisions of this amendatory Act of the 95th
8 General Assembly, the Governor may suggest rules to the General
9 Assembly by filing them with the Clerk of the House and the
10 Secretary of the Senate and by requesting that the General
11 Assembly authorize such rulemaking by law, enact those
12 suggested rules into law, or take any other appropriate action
13 in the General Assembly's discretion. Nothing contained in this
14 amendatory Act of the 95th General Assembly shall be
15 interpreted to grant rulemaking authority under any other
16 Illinois statute where such authority is not otherwise
17 explicitly given. For the purposes of this Section, "rules" is
18 given the meaning contained in Section 1-70 of the Illinois
19 Administrative Procedure Act, and "agency" and "agency head"
20 are given the meanings contained in Sections 1-20 and 1-25 of
21 the Illinois Administrative Procedure Act to the extent that
22 such definitions apply to agencies or agency heads under the
23 jurisdiction of the Governor.
24 (Source: P.A. 93-732, eff. 1-1-05; 94-229, eff. 1-1-06; 94-563,
25 eff. 1-1-06; 94-939, eff. 1-1-07.)